Law of the Republic of Belarus on Citizenship (1991, as amended 1995) (English)
LAW OF THE REPUBLIC OF BELARUS ON CITIZENSHIP OF THE REPUBLIC OF BELARUS
Adopted on 18 October 1991
SECTION I. GENERAL PROVISIONS
Article 1. Citizenship of the Republic of Belarus
Citizenship of the Republic of Belarus shall be an inseparable attribute of state sovereignty of the Republic of Belarus that determines the relationship of a person to the state and regulates the complexity of a person's rights and responsibilities and his/her protection by the Republic of Belarus.
Article 2. Citizens of the Republic of Belarus
Citizens of the Republic of Belarus shall be:
1. persons who permanently reside within the territory of the Republic of Belarus on the date of enactment of this Law;
2. persons who acquire citizenship of the Republic of Belarus in accordance with this Law.
Article 3. Equal Citizenship
Citizenship of the Republic of Belarus shall be equal for all citizens of the Republic of Belarus regardless of the grounds for its acquisition.
Article 4. Right to Citizenship
A citizen of the Republic of Belarus may neither be denied citizenship of the Republic of Belarus nor the right to change his/her citizenship.
Article 5. Protection by the State of the Rights and Lawful Interests of Citizens of the Republic of Belarus
The state shall protect the rights and lawful interests of citizens of the Republic of Belarus within its territory and beyond its borders.
If in the country where there are citizens of the Republic of Belarus there is no diplomatic representation or consular offices of the Republic of Belarus, protection of the rights and lawful interests of citizens of the Republic of Belarus may be carried out by the appropriate authorities of other countries in accordance with international treaties with the Republic of Belarus.
Article 6. Foreign Citizens and Stateless Persons
Foreign citizens in the Republic of Belarus shall be recognized as those persons who are not citizens of the Republic of Belarus and who have evidence of citizenship of another country.
Stateless persons in the Republic of Belarus shall be recognized as those persons who are not citizens of the Republic of Belarus and who have no evidence of citizenship of another country.
The legal status of foreign citizens and stateless persons in the territory of the Republic of Belarus shall be regulated by the laws of the Republic of Belarus.
Article 7. Document Certifying Citizenship of the Republic of Belarus
A passport of a citizen of the Republic of Belarus shall be the document certifying citizenship of the Republic of Belarus.
The form of the passport of a citizen of the Republic of Belarus and the procedure and terms of its issuance shall be determined by the Cabinet of Ministers of the Republic of Belarus.
SECTION II. ACQUISITION AND RETENTION OF CITIZENSHIP OF THE REPUBLIC OF BELARUS
Article 8. Grounds for Acquisition of Citizenship of the Republic of Belarus
Citizenship of the Republic of Belarus shall be acquired:
1. by birth;
2. by way of registration;
3. as a result of admission to citizenship of the Republic of Belarus.
Article 9. Citizenship of a Child whose Parents are Citizens of the Republic of Belarus
A child whose parents are citizens of the Republic of Belarus at the time of the child's birth, shall be a citizen of the Republic of Belarus regardless of the child's place of birth.
Article 10. Citizenship of a Child, one of whose Parents is a Citizen of the Republic of Belarus
A child, one of whose parents is a citizen of the Republic of Belarus at the time of the child's birth, shall be a citizen of the Republic of Belarus subject to the following:
1. a child is born in the territory of the Republic of Belarus;
2. a child is born outside the Republic of Belarus, one or both of whose parents was/were permanently residing in the territory of the Republic of Belarus at the time of the child's birth.
If at the time of a child's birth, the parents, one of whom is a citizen of the Republic of Belarus, are permanently residing outside the Republic of Belarus, citizenship of the child born outside the Republic of Belarus shall be determined by the parents' decision, presented in writing.
If at the time of a child's birth, one of the parents is unknown or stateless and the other is a citizen of the Republic of Belarus, the child shall be a citizen of the Republic of Belarus regardless of the child's place of birth.
Article 11. Acquisition of Citizenship of the Republic of Belarus by a child whose parents are stateless persons
A child born in the territory of the Republic of Belarus whose parents are stateless persons, shall be a citizen of the Republic of Belarus.
Article 12. Citizenship of a Child whose Parents are Unknown
A child who is in the territory of the Republic of Belarus, whose parents are unknown, shall be a citizen of the Republic of Belarus.
Article 13. Admission Requirements for Citizenship of the Republic of Belarus
Citizenship of the Republic of Belarus may be granted to a person if such person:
1. assumes the obligation to follow and respect the Constitution and laws of the Republic of Belarus;
2. is capable of communicating in the state language of the Republic of Belarus;
3. has permanently resided in the territory of the Republic of Belarus for the last 7 years;
4. has a legitimate source of income;
5. does not have citizenship of another state.
Article 14. Acquisition and Retention of Citizenship of the Republic of Belarus upon Marriage or Divorce
Marriage or divorce between a citizen of the Republic of Belarus and a foreign citizen or a stateless person shall not change the citizenship of the wife and husband.
A person married to a citizen of the Republic of Belarus shall be granted citizenship of the Republic of Belarus if such person so desires, subject to the provisions of Article 13 of this Law.
Article 15. Retention of Citizenship of the Republic of Belarus
If a citizen of the Republic of Belarus resides in the territory of another country, this shall not result, in itself, in the loss of citizenship of the Republic of Belarus.
Article 16. Non-Extradition of a Citizen of the Republic of Belarus to another Country
A citizen of the Republic of Belarus may not be extradited to another country unless otherwise provided for by international treaties with the Republic of Belarus.
Article 17. Retention of the Right to Acquire Citizenship of the Republic of Belarus
The right to acquire citizenship of the Republic of Belarus shall be retained by persons who permanently resided in the territory of the Republic of Belarus, but were forcefully removed from its territory of left the territory prior to the enactment of this Law. The same right shall be also retained by descendants of such persons.
The same right to acquire citizenship of the Republic of Belarus shall be granted to Belarusians and persons identifying themselves as Belarusians and their children born outside the current territory of the Republic of Belarus.
Such persons shall be granted citizenship if there are their desire and conditions provided for in paragraphs 1 and 2 of Article 13 of the present Law.
Article 17-1.
The right to get citizenship of the Republic of Belarus by way of registration, shall have the persons who permanently resided in the territory of the Republic of Belarus but left it prior to enactment the present Law as well as their spouse and descendants.
This Article shall apply to the persons who have proofs of being a citizen of the former USSR and who do not have citizenship of another state.
SECTION III. TERMINATION OF CITIZENSHIP OF THE REPUBLIC OF BELARUS
Article 18. Grounds for the Termination of Citizenship of the Republic of Belarus
Citizenship of the Republic of Belarus shall be terminated:
1. as a result of surrendering citizenship of the Republic of Belarus;
2. as a result of loss of citizenship of the Republic of Belarus.
Article 19. Surrendering Citizenship of the Republic of Belarus
Surrendering citizenship of the Republic of Belarus shall not allowed if the person who petitions regarding such surrender is indicted or is participating as a defendant in criminal court proceedings. or there is a court sentence in legal force that shall be implemented in respect to such person, or such person defaulted in taxes or other outstanding debts and obligations in respect to the Republic of Belarus.
Article 20. Loss of Citizenship of the Republic of Belarus
Citizenship of the Republic of Belarus shall be lost:
1. as a result of acquisition of citizenship of another state, unless otherwise provided for by international treaties with the Republic of Belarus;
2. if citizenship of the Republic of Belarus is acquired as a result of perjury or submission of false documents.
Loss of citizenship shall be effective from the date of registration of such loss by appropriate government authorities listed in Articles 31 and 32 of this Law.
Article 21 is deleted (amendment of 8 September 1995)
SECTION IV. SPECIAL CASES OF CHANGE, RETENTION OR LOSS OF CITIZENSHIP
Article 22. Change of Citizenship of a Child whose Parents Changed their Citizenship
If both parents of a child under 16, or one parent if the second parent is unknown, changed citizenship - the child's citizenship shall be appropriately changed.
A child under 16 may retain citizenship of the Republic of Belarus upon consent by both parents who changed citizenship, or only one parent if the second parent is not known.
Article 23. Retention of Citizenship of the Republic of Belarus by a child under 16 who has a guardian or trustee
If both parents or one of the parents of a child who resides in the territory of the Republic of Belarus surrendered or lost citizenship of the Republic of Belarus and at the same time did not participate in raising their child and the child had citizens of the Republic of Belarus appointed as guardians or trustees, such child shall retain citizenship of the Republic of Belarus.
Article 24. Acquisition of Citizenship of the Republic of Belarus by a Child under 16 one of whose Parents Acquired Citizenship of the Republic of Belarus
If one of the parents acquired citizenship of the Republic of Belarus and the other parent remains a citizen of a foreign country, their child may acquire citizenship of the Republic of Belarus upon submission by the parents of a mutual petition.
If one of the parents acquires citizenship of the Republic of Belarus and the other parent remains stateless, their child residing in the territory of the Republic of Belarus, shall become a citizen of the Republic of Belarus.
Article 25. Retention by a Child under 16 of Citizenship of the Republic of Belarus if one of the Parents Surrenders or Loses Citizenship of the Republic of Belarus
If one of the parents surrenders or loses citizenship of the Republic of Belarus and the other parent remains a citizen of the Republic of Belarus, their child shall retain citizenship of the Republic of Belarus. Upon submission by the parents of an appropriate petition, such child may be allowed to surrender citizenship of the Republic of Belarus.
Article 26. Acquisition of Citizenship of the Republic of Belarus by a Child under 16 in Case of Adoption
A child who is a citizen of another country or is stateless shall become a citizen of the Republic of Belarus upon adoption by citizens of the Republic of Belarus.
A child who is a citizen of another country upon adoption by spouses, one of whom is a citizen of the Republic of Belarus and the other one of whom is stateless, shall become a citizen of the Republic of Belarus.
A child who is stateless, upon adoption by spouses one of whom is a citizen of the Republic of Belarus, shall become a citizen of the Republic of Belarus.
A child who is a citizen of another country upon adoption by spouses, one of whom is a citizen of the Republic of Belarus and the other of whom is a citizen of a foreign country, shall become a citizen of the Republic of Belarus upon consent of the adoptive parents.
Article 27. Retention of Citizenship of the Republic of Belarus by a child under 16 in Case of Adoption
A child who is a citizen of the Republic of Belarus and who is adopted by citizens of another country or who is adopted by spouses, one of whom is a citizen of the Republic of Belarus and the other of whom is a citizen of another country, shall retain citizenship of the Republic of Belarus. Upon submission of an appropriate petition by adoptive parents, such child may be allowed to surrender citizenship of the Republic of Belarus.
A child who is a citizen of the Republic of Belarus and who is adopted by stateless persons or who is adopted by spouses, one of whom is a citizen of the Republic of Belarus and the other of whom is stateless, shall retain citizenship of the Republic of Belarus.
Article 28. Change of Citizenship of Children between 16 and 18
Change of citizenship of children between 16 and 18, in the case of a change of citizenship by their parents or in the case of adoption, shall be allowed only upon consent of such children.
SECTION V. ENTITIES AUTHORIZED TO MAKE DECISIONS AND EXECUTE DOCUMENTS RELATED TO CITIZENSHIP OF THE REPUBLIC OF BELARUS
Article 29. Decisions Related to Granting and Termination of Citizenship of the Republic of Belarus
In the Republic of Belarus the President of the Republic of Belarus shall make decisions related to granting and termination of citizenship of the Republic of Belarus.
Article 30. Entities Preparing and Executing Documents Related to Citizenship of the Republic of Belarus
The preparation and execution of documents related to citizenship of the Republic of Belarus shall be carried out by the Ministry of Internal Affairs of the Republic of Belarus in the territory of the Republic of Belarus and by the Ministry of Foreign Affairs of the Republic of Belarus abroad.
Article 31. Authority of Entities of Internal Affairs
The Ministry of Internal Affairs of the Republic of Belarus, its Departments and local entities shall:
accept applications related to issues of citizenship from persons permanently residing in the
territory of the Republic of Belarus and submit them along with other required documents to the President of the Republic of Belarus;
determine the relationship of persons permanently residing in the Republic of Belarus in respect to citizenship of the Republic of Belarus;
resolve questions of acquisition of citizenship of the Republic of Belarus by way of registration;
register the loss of citizenship of the Republic of Belarus by persons permanently residing in the territory of the Republic of Belarus.
Article 32. The Authority of the Ministry of Foreign Affairs of the Republic of Belarus, Diplomatic Representations and Consular Offices of the Republic of Belarus
The Ministry of Foreign Affairs of the Republic of Belarus, diplomatic representations and consular offices of the Republic of Belarus shall:
accept applications related to issues of citizenship of the Republic of Belarus from persons
permanently residing abroad and submit them along with other required documents to the President of the Republic of Belarus;
determine the relationship of persons permanently residing abroad in respect to citizenship of the Republic of Belarus;
resolve questions of acquisition of citizenship of the Republic of Belarus by way of registration;
register the loss of citizenship of the Republic of Belarus by persons permanently residing abroad;
register citizens of the Republic of Belarus permanently residing abroad.
SECTION VI. PROCEDURE FOR SUBMISSION AND CONSIDERATION OF DOCUMENTS RELATED TO ISSUES OF CITIZENSHIP OF THE REPUBLIC OF BELARUS
Article 33. Substance of Documents Related to Issues of Citizenship of the Republic of Belarus
The issues of admittance to and surrendering citizenship of the Republic of Belarus shall be considered only upon submission by an interested person of a written application.
The application shall be accompanied by the documents, a list of which shall be determined in accordance with the present Law by the President of Republic of Belarus.
In cases mentioned in Section IV of this Law, applications related to issues of citizenship of the Republic of Belarus shall be submitted by parents or other lawful representatives.
Article 34. Procedure for Submission of Documents Related to Issues of Citizenship
The documents related to issues of citizenship shall be submitted to the President the Republic of Belarus through entities of internal affairs at places of permanent residence of applicants, and for persons permanently residing abroad - through the Ministry of Foreign Affairs of the Republic of Belarus or through diplomatic representations or consular offices of the Republic of Belarus.
A person who is a citizen of a country having a treaty with the Republic of Belarus on the prevention of double citizenship shall submit a document reflecting the opinion of this country regarding the intention of such person to change citizenship.
Article 35. Procedure for Consideration of Documents Related to Issues of Citizenship
Documents submitted from the government authorities listed in Article 30 of this Law shall be examined by the President of the Republic of Belarus. A procedure for consideration of these documents shall be determined by the President of the Republic of Belarus.
The Commission shall be entitled to request materials and documents related to the case examined by the Commission from appropriate state entities and public organizations, which shall submit requested information within the period of time determined by the Commission.
The Commission shall submit to the Presidium of the Supreme Soviet of the Republic of Belarus its proposals on each application or submission.
The decision by the Commission shall be executed in the form of a protocol signed by those members of the Commission who participated in its meeting.
Article 36. Decision Making on Issues of Citizenship of the Republic of Belarus and the Provision of Information Regarding Decisions on such matters
The President of the Republic of Belarus shall issue decrees on granting citizenship of the Republic of Belarus and on the termination of citizenship of the Republic of Belarus.
The President of the Republic of Belarus shall issue directives in cases of denial of petitions on granting citizenship of the Republic of Belarus and withdrawal from citizenship of the Republic of Belarus.
Decrees and directives shall be published in the Bulletin of decrees of the President and of resolutions of the Cabinet of Ministers of the Republic of Belarus.
Changes in citizenship shall be effective from the date of enactment of a Decree of the President of the Republic of Belarus.
Article 37. Consideration Period for an Application Related to Issues of Citizenship
Consideration period for applications on issues of citizenship must not exceed one year.
Consideration period for applications on acquisition of citizenship by way of registration must not exceed two months, and on withdrawal from citizenship of the Republic of Belarus - six months.
Article 38. Secondary Examination of Petitions Related to Issues of Citizenship of the Republic of Belarus
Secondary petitions by persons on the granting of citizenship, on the reinstatement of citizenship of the Republic of Belarus, and on the surrendering of citizenship of the Republic of Belarus shall be considered not earlier than one year after the previous decision was made. The secondary application may be considered earlier if new important circumstances to the case arise that were unknown and could not have been known to the petitioner.
SECTION VII. IMPLEMENTATION OF DECISIONS ON ISSUES OF CITIZENSHIP
Article 39. Authorities Implementing Decisions on Issues of Citizenship
Decisions on issues of citizenship in respect to persons residing in the territory of the Republic of Belarus shall be implemented by the Ministry of Internal Affairs of the Republic of Belarus and Departments and local entities of internal affairs; and in respect to persons residing abroad - by the Ministry of Foreign Affairs of the Republic of Belarus, diplomatic representations, and consular offices of the Republic of Belarus.
Article 40 is deleted (amendment of 8 September 1995)
Article 41 is deleted (amendment of 8 September 1995)
SECTION VIII. APPEALS OF DECISIONS ON ISSUES OF CITIZENSHIP
Article 42. Appeals against Decisions on Issues of Citizenship
Decisions on issues of citizenship made by the President of the Republic of Belarus may be appealed against to the Supreme Court of the Republic of Belarus, which accepts such cases as a court of the first instance.
Groundless denial of applications on issues of citizenship, violation of terms of consideration of applications, and other illegal actions by authorized personnel on issues of citizenship, may be appealed against in court.
Article 43 is deleted (amendment of 8 September 1995)
SECTION IX. INTERNATIONAL TREATIES
Article 44. Application of International Treaties
Rules of an international treaty shall apply if the international treaty of the Republic of Belarus provides for rules other than those contained in this Law.