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

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. This resolution becomes effective from the date of its official publication.

The Resolution of Committee for State Security of the Republic of Belarus of July 22, 2005 is approved No. 24

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. Procedure for reception of applications and messages on crimes

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

2. The containing data on the made, committed or prepared crimes are subject to acceptance, registration, consideration and accounting 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 widespread in mass media;

the official report 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 on the crimes any made, committed or prepared (further - statements and messages on crimes).

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;

receive the written notice of registration of the adopted statement or the message on crime with indication of the official who adopted the statement or the message, time of its registration and results of its consideration;

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

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 military counterintelligence of KGB of the Republic of Belarus is performed round the clock in reception of the state security agency (in working hours - the leading or operational structure of the state security agencies, in time off - responsible or operations duty officers of the state security agencies).

In city and district divisions of managements of KGB of the Republic of Belarus on areas, the departments of military counterintelligence, the organizations which are under supervision of the state security agencies, statements and messages on crimes irrespective of the place and time of their making are accepted in the place of the address of citizens or officials of state bodies and other organizations by the leading or operational structure of divisions (organizations).

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 (further - the Code of Criminal Procedure) (including with the list of the crimes carried to maintaining the state security agencies).

7. The written application about crime shall be signed by the applicant, and oral is entered in the protocol with indication of the information about the applicant which is signed by the applicant and the official of the state security agency, it constituted.

8. In case of reception of an application about crime the applicant is warned about criminal liability for obviously false denunciation according to requirements of the Code of Criminal Procedure.

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

11. According to the statements and messages on crimes accepted by service on duty by phone or other technical communication channels, the official report which is reported on management of the state security agency is constituted. After return from the report such official report is registered by rules of accounting of statements and messages on crimes.

Chapter 2. Registration and accounting of statements and messages on crimes

In case of acceptance by the chief of division of the state security agency of the decision on familiarizing of statements or messages on crimes with earlier registered materials or criminal case in register of statements and messages on crimes the mark with indication of registration document number to which the statement or the message, and decision dates is attached becomes.

13. Registers are stored in regime and confidential divisions of the state security agencies, city and district divisions of managements of KGB of the Republic of Belarus on areas, the departments of military counterintelligence, the organizations which are under supervision of the state security agencies and are conducted by authorized employees.

14. When consideration of the application or messages on crime does not belong to competence of the state security agencies or act is made in the territory of servicing of other state security agency, the statement or the message after registration without delay goes on competence or territoriality. Along with it necessary measures to prevention or suppression of crime are taken, and it is equal to fixing of traces of crime and detention of the suspect.

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