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RESOLUTION OF COMMITTEE FOR STATE SECURITY OF THE REPUBLIC OF BELARUS

of September 14, 2016 No. 20

About approval of the Instruction about procedure for acceptance, registration, consideration and accounting in the state security agencies of the Republic of Belarus of statements and messages on crimes

Based on subitem 10.4 of Item 10 of the Regulations on Committee for State Security of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of July 23, 2013 No. 325 "About some questions of Committee for State Security" the Committee for State Security of the Republic of Belarus DECIDES:

1. Approve the enclosed Instruction about procedure for acceptance, registration, consideration and accounting in the state security agencies of the Republic of Belarus of statements and messages on crimes.

2. Recognize invalid:

2.1. the resolution of Committee for State Security of the Republic of Belarus of July 22, 2005 No. 24 "About approval of the Instruction about procedure for acceptance, registration, consideration and accounting in the state security agencies of the Republic of Belarus of statements and messages on crimes" (The national register of legal acts of the Republic of Belarus, 2005, No. 129, 8/13019);

2.2. the resolution of Committee for State Security of the Republic of Belarus of May 12, 2009 No. 31 "About modification and amendments in the resolution of Committee for State Security of the Republic of Belarus of July 22, 2005 No. 24" (The national register of legal acts of the Republic of Belarus, 2009, No. 144, 8/20978).

3. This resolution becomes effective after its official publication.

Chairman

V.P.Vakulchik

It is approved

General prosecutor of the Republic of Belarus

 August 26, 2016

 

A. V. Konyuk

 

Approved by the Resolution of Committee for State Security of the Republic of Belarus of September 14, 2016 No. 20

The instruction about procedure for acceptance, registration, consideration and accounting in the state security agencies of the Republic of Belarus of statements and messages on crimes

Chapter 1. General provisions

1. This Instruction establishes single for the state security agencies of the Republic of Belarus (further - the state security agencies) procedure for acceptance, registration, accounting and consideration of the applications and messages on crimes.

2. The containing data on the made, committed or preparing crimes are subject to acceptance, registration, accounting and consideration in the state security agencies:

the oral statements of citizens issued by the relevant protocol;

written applications of citizens;

surrenders;

messages of officials of state bodies and other organizations;

messages on crimes in mass media;

official reports of staff of the state security agencies about the data found by them in the course of office activities specifying signs of crimes.

3. The state security agencies shall adopt oral and written statements of citizens, including foreign citizens and stateless persons, and also messages of officials of state bodies and other organizations (further - applicants) about the crimes any made, committed or preparing.

4. The applicant in case of the address with the statement or the message on the crime known it preparing, committed or committed has the right:

state the statement on Belarusian either Russian or other language which he knows;

appeal the actions of officials of the state security agencies connected with acceptance and consideration of the applications and messages on crimes, to the chief of the state security agency, and also the higher official of the state security agencies in prosecutor's office or in court.

Chapter 2. Procedure for reception of applications and messages on crimes

5. Reception of applications and messages on crimes in Committee for State Security of the Republic of Belarus (further - KGB of the Republic of Belarus), managements of KGB of the Republic of Belarus on areas, management of KGB of the Republic of Belarus across Minsk and the Minsk region (further - managements of KGB of the Republic of Belarus on areas), management of military counterintelligence of KGB of the Republic of Belarus is performed round the clock (in working hours - the operational staff of the state security agencies, in time off - operations duty officers of the state security agencies).

In city, district and interdistrict divisions of managements of KGB of the Republic of Belarus on areas, departments of military counterintelligence of management of military counterintelligence of KGB of the Republic of Belarus statements and messages on crimes irrespective of the place and time of their making are accepted in the place of the address of applicants by the operational staff of divisions.

6. For explanation of procedure for acceptance and consideration of the applications and messages on crimes, the rights of applicants in the state security agencies in places, available to review, statements from this Instruction and the Code of penal procedure of the Republic of Belarus are placed (including with the list of the crimes carried to competence of the state security agencies).

7. The written application about crime shall be signed by the applicant, and oral is entered in the protocol according to the procedure, established by the Code of penal procedure of the Republic of Belarus. The protocol of the oral statement on crime the applicant and the official of the state security agency sign, it constituted.

8. The applicant is warned about criminal liability for obviously false denunciation about what in the statement or the protocol the mark which makes sure the signature of the applicant becomes.

9. The statement for surrender can be made as in written, and oral form and shall be transferred by the applicant to person, to the representative to adopt statements according to Item 5 of this Instruction. The oral statement is entered in the protocol in which the made statement is in detail stated. The protocol is signed pled guilty and person who adopted the statement.

10. The official of the state security agency has no right to refuse reception of an application or messages on crime.

11. According to the statements and messages on crimes accepted by field service on duty by phone or other technical communication channels, the official report with detailed statement of information obtained from the applicant and the taken response measures who is reported on management of the state security agency is constituted.

In case of the address of the applicant with the statement and the message on crime by phone the official of operational service on duty, it accepting:

fixes date and time of the entering challenge, number of the entering subscriber in case of reception of an application and the message on crime by phone with function of automatic detection of number;

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