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Law on Legal Status of Foreign Citizens and Persons without Citizenship in the Republic of Belarus (1993, as amended 2000)

Law of the Republic of Belarus

(On legal Status of Foreign Citizens and Persons without Citizenship in the Republic of Belarus

N 2339-XII of June 3, 1993)

[Law contains all the later amendments and additions. Last amendments of this Law: Law of the Republic of Belarus N 422-3 of July 18, 2000]

I. General provisions

Article 1.

Persons who are not citizens of the Republic of Belarus and have evidences of their belonging to the citizenship of another state are recognized to be foreign citizens in the Republic of Belarus.

Foreign citizens possessing citizenship of two or more states shell be considered in the Republic of Belarus as citizens of those state which documents they used to enter the territory of the Republic of Belarus.

Persons who are not citizens in the Republic of Belarus and don’t have any evidences of their belonging to the citizenship of another state are recognized to be persons without citizenship in the Republic of Belarus.

Article 2.

The legal status of foreign citizens and persons without citizenship in the Republic of Belarus is determined by the present Law and other legislative acts of the Republic of Belarus in accordance with the Constitution of the Republic of Belarus.

The legal status of foreign citizens in the Republic of Belarus may be determined also on the basis of the International treaties of the Republic of Belarus.

Article 3.

Foreign citizens and persons without citizenship in the Republic of Belarus enjoy the same rights and freedoms and fulfil the same obligations as the citizens of the Republic of Belarus, unless otherwise is provided in the Constitution of the Republic of Belarus, the present Law and other legislative acts of the Republic. Limitation of the rights and freedoms of foreign citizens and persons without citizenship may be placed only in the cases when it’s necessary for protection of the rights and basic freedoms of the citizens of the Republic of Belarus, provision of the state security, preservation of public order and health of the population.

Foreign citizens and persons without citizenship in the Republic of Belarus are equal before the law despite their origin, social and property status, race and national belonging, sex, education, language, attitudes to religion, type and nature of occupation and other circumstances.

Execution by foreign citizens and persons without citizenship in the Republic of Belarus of their rights and freedoms shouldn’t prejudice the interests of the Republic of Belarus, the rights and legal interests of the citizens of the Republic of Belarus and other persons.

Article 4.

The provisions of the present Law in relation to foreign citizens, staying in the Republic of Belarus, are applied on the mutual basis. In case when another state limits or infringes the accepted standards of the legal status of foreign citizens in relation to the citizens of the Republic of Belarus, the Council of Ministers of the Republic of Belarus may set reciprocal limitation in relation to the rights and freedoms of the citizens of this state.

Article 5.

Foreign citizens and persons without citizenship, staying in the Republic of Belarus, are obliged to observe the Constitution and the legislation of the Republic of Belarus, to respect the habits and traditions of the people of the Republic of Belarus.

Article 6.

Foreign citizens and persons without citizenship may reside permanently or temporary in the Republic of Belarus.

Article 7.

Foreign citizens and persons without citizenship are considered permanently residing in the Republic of Belarus, if they have a permit for permanent residence in the Republic of Belarus issued by the bodies of internal affairs.

The permit for permanent residence in the Republic of Belarus to foreign citizens and persons without citizenship is issued, if they:

1. are in close connection with the citizens of the Republic of Belarus;

2. have contracted a marriage with a citizen of the Republic of Belarus.

The permit for permanent residence in the Republic of Belarus may be issued to foreign citizens and persons without citizenship also in other cases stipulated by the legislation of the Republic of Belarus.

Residential permit to the persons, who have received the permit for permanent residence in the Republic of Belarus, shall be drawn up in the order, approved by the Council of Ministers of the Republic of Belarus.

Article 8.

Foreign citizens and persons without citizenship, staying in the Republic of Belarus on other reasons, are considered residing temporary in the Republic of Belarus. The conditions of their stay in the territory of the Republic of Belarus are determined by the Council of Ministers of the Republic of Belarus. Foreign citizens and persons without citizenship, who are considered temporary residing in the Republic of Belarus, should leave the Republic of Belarus upon expiration of the term of stay fixed by it.

II. Basic rights, freedoms and obligations of foreign citizens and persons without citizenship in the Republic of Belarus

Article 9.

Foreign citizens and persons without citizenship, staying in the Republic of Belarus in accordance with the Constitution and the laws of the Republic of Belarus are guaranteed with the personal and dwelling immunity, other personal rights and freedoms.

Foreign citizens or persons without citizenship detained or arrested should be urgently informed in the language understandable to them about the reasons of their detention or arrest, rights, which they have in accordance with the legislation of the Republic of Belarus.

The body, detained or arrested a foreign citizen, informs the Ministry of Foreign Affairs of the Republic of Belarus about it for notifying the diplomatic or consular representation of the state of which the detained or arrested is a citizen, of the accident.

Article 10.

Foreign citizens and persons without citizenship, residing permanently or temporary in the territory of the Republic of Belarus, may move across the territory of the Republic of Belarus and choose a residence in the Republic of Belarus in accordance with the Rules of stay of foreign citizens and persons without citizenship in the Republic of Belarus, approved by the Council of Ministers of the Republic of Belarus.

Limitations in moving and selecting a residence are allowed only in the order established by the legislation.

Article 11.

Foreign citizens and persons without citizenship, permanently residing in the Republic of Belarus, may deal with labour, economic or other activities, if such activated are not prohibited by the legislation of the Republic of Belarus, or for execution of such activities an obligatory condition, connected with the belonging to the citizenship of the Republic of Belarus, is not stipulated.

Foreign citizens and persons without citizenship, temporary residing in the territory of the Republic of Belarus, have the right of dealing with labour, economic and other activities only upon receipt of a special permit, issued by the State bodies, authorized by the Council of Ministers of the Republic of Belarus.

Article 12.

Foreign citizens and persons without citizenship, permanently residing in the Republic of Belarus and dealing with labour, economic or other activities on the legal grounds, have all social and economic rights, which the citizens of the Republic of Belarus enjoy, including the rights of social security.

The social and economic rights of foreign citizens and persons without citizenship, temporary residing in the territory of the Republic of Belarus and dealing with labour, economic and other activities on the legal grounds, are determined by the current legislation.

Article 13.

Foreign citizens and persons without citizenship have the right of getting an education in the Republic of Belarus in accordance with the order, set by the legislation of the Republic of Belarus.

Article 14.

Foreign citizens and persons without citizenship, permanently residing in the Republic of Belarus, have the right of joining on the general grounds with the citizens of the Republic of Belarus the professional unions and other public associations, if this doesn’t contradict their Statutes and the legislation of the Republic of Belarus.

Article 15.

Foreign citizens and persons without citizenship in the Republic of Belarus may contract or dissolve a marriage with the citizens of the Republic of Belarus or other persons in accordance with the legislation of the Republic of Belarus.

Foreign citizens and persons without citizenship in the Republic of Belarus enjoy the rights and fulfil obligations in the marriage and family relations equally with the citizens of the Republic of Belarus.

Article 16.

Foreign citizens and persons without citizenship can’t elect or be elected to the elective bodies of the Republic of Belarus, as well as take part in referenda.

Article 17.

Foreign citizens and persons without citizenship can’t occupy offices, appointment to which in accordance with the legislation is connected with the belonging to the citizenship of the Republic of Belarus.

Article 18.

Foreign citizens and persons without citizenship, staying in the Republic of Belarus, are exempted from the general conscription.

III. Entry of foreign citizens and persons without citizenship into the Republic of Belarus and leaving the Republic of Belarus

Article 19.

Foreign citizens and persons without citizenship may enter the Republic of Belarus and leave the Republic of Belarus only by the valid passports or documents substituting them, issued in the established order.

Article 20.

Foreign citizens and persons without citizenship may be refused in entering the Republic of Belarus:

1. if it’s necessary for protecting the rights and legal interests of the citizens of the Republic of Belarus and other persons;

2. in the interests of providing the State security, protection of the public order and health of the population;

3. if during the former stay in the Republic of Belarus the facts of infringement by a person of the legislation of the legal status of foreign citizens and persons without residence in the Republic of Belarus, the customs, currency or other legislation were detected;

4. if upon initiation of the petition of entry a person has informed about himself false data or hasn’t submitted necessary documents.

5. if a foreign citizen or a person without citizenship entering the territory of the Republic of Belarus don't possess means necessary for covering expenses for staying at the territory of the Republic of Belarus and for leaving outside the Republic of Belarus. Certain amount of means necessary for payment of mentioned expenses shall be determined by the Council of Ministers of the Republic of Belarus.

6. if a foreign citizen or a person without citizenship were included in the List of individuals who are forbidden or undesirable to enter the territory of the Republic of Belarus. Rules of including of foreign citizens and persons without citizenship in the List of individuals who are forbidden or undesirable to enter the territory of the Republic of Belarus as well as the order of conduct of this List shall be determined by the Council of Ministers of the Republic of Belarus;

7. in other cases envisaged by laws of the Republic of Belarus.

Article 21.

A right of leaving by foreign citizens or persons without citizenship the Republic of Belarus may be restricted in the cases:

1. in relation to them the legal criminal proceedings have been initiated, - until completion of their settlement by that body, in the production of which they are;

2. if they have been convicted for committing a crime - until completion of serving of a sentence or exemption from serving;

3. if they haven’t fulfil their property obligations to the Republic of Belarus or property obligations having arisen out of the family and marriage relations, as well as other property obligations set by the effective decisions of the court - until fulfilment of the obligations;

4. if their leaving contradicts the interests of the National security - until termination of validity of the obligations contradicting leaving.

A right of leaving by foreign citizens or persons without citizenship the Republic of Belarus may be restricted in other cases envisaged by laws of the Republic of Belarus.

Article 22.

Foreign citizens and persons without citizenship, passing through the territory of the Republic of Belarus on transit, move to the border point of leaving from the Republic of Belarus along the route set in accordance with the Rules of transit passage, approved by the Council of Ministers of the Republic of Belarus.

Such persons may stay in the territory of the Republic of Belarus upon availability of a permit issued in the established order.

IV. Responsibility of property of foreign citizens and persons without citizenship in the Republic of Belarus

Article 23.

Foreign citizens and persons without citizenship, having committed administrative and other infringements of a law, crimes in the territory of the Republic of Belarus, bear responsibility in accordance with the legislation of the Republic of Belarus.

Article 24.

The period of stay set in the Republic of Belarus may be reduced for foreign citizens or persons without citizenship having infringed the legislation of legal status of foreign citizens or persons without citizenship in the Republic of Belarus.

The period of stay of foreign citizens and persons without citizenship in the Republic of Belarus may be also reduced in the cases, if the grounds of their further stay in the Republic of Belarus have become invalid.

Article 25.

Foreign citizens and persons without citizenship may be deported outside the Republic of Belarus:

1. if it’s necessary for protection of health, rights and legal interests of the citizens of the Republic of Belarus and other persons;

2. if their actions contradict the interests of the State security or observance of the public order;

3. if they have severely infringed the legislation of the legal status of foreign citizens and persons without citizenship in the Republic of Belarus, the customs, currency or other legislation and there are no grounds for their attraction to criminal responsibility;

4. in other cases envisaged by laws of the Republic of Belarus.

Article 26.Foreign citizens and persons without citizenship are obliged to leave the Republic of Belarus within the period, specified in the decision of deportation, made in the established order. Foreign citizens or persons without citizenship, who evade from leaving or if there are enough reasons to suspect these persons in evading of execution of the decision on deportation, are subject to the procurator’s sanction of detention and deportation. Detention is allowed for the period necessary for deportation.

V. Concluding provision

Article 27.

The present Law doesn’t cover the privileges and immunities of the managers and employees of the foreign diplomatic and consular representations and members of their families, set by the legislation of the Republic of Belarus on the basis of the International treaties of the Republic of Belarus.

Article 28.

The order of providing foreign citizens and persons without citizenship with the right of asylum and of recognition them as refugees is envisaged by the legislation of the Republic of Belarus.

Article 29.

If the International treaty of the Republic of Belarus sets other rules, then the rules of the International treaty are applied.

© National Centre of Legal Information of the Republic of Belarus, 1998-2002.

 

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