Law of the Republic of Belarus on the Legal Status of Aliens and Stateless Persons (1993, as amended 2000) (English)
LAW OF THE REPUBLIC OF BELARUS
ON THE LEGAL STATUS OF ALIENS AND STATELESS PERSONS IN THE REPUBLIC OF BELARUS
Adopted on 3 June 1993
Amended 18 July 2000
I. GENERAL PROVISIONS
Article 1
In the Republic of Belarus, persons who are not citizens of the Republic of Belarus and who have proofs of their affiliation to citizenship of another state shall be qualified as aliens.
Aliens who have citizenship of two or more states shall be considered in the Republic of Belarus to be citizens of the state which issued documents for their entry to the territory of the Republic of Belarus.
In the Republic of Belarus, persons who are not citizens of the Republic of Belarus and who have no proofs of their affiliation to citizenship of another state shall be qualified as stateless persons.
Article 2
The legal status of aliens and stateless persons in the Republic of Belarus shall be determined by the present Law and by other legislative acts of the Republic of Belarus in accordance with the Constitution of the Republic of Belarus.
The legal status of aliens in the Republic of Belarus may be also determined by the international treaties of the Republic of Belarus.
Article 3
Aliens and stateless persons in the Republic of Belarus shall enjoy the same rights and freedoms and fulfil the same obligations as citizens of the Republic of Belarus unless the Constitution of the Republic of Belarus, the present Law and other legislative acts of the Republic provide for otherwise. The restrictions of rights and freedoms of aliens and stateless persons may be established only in cases when it is necessary to protect rights and fundamental freedoms of citizens of the Republic of Belarus, to ensure state security, to protect public order and health of inhabitants.
Aliens and stateless persons in the Republic of Belarus shall be equal before the law irrespective of origin, social and property status, race and ethnicity, sex, education, language, religion, occupation and other circumstances.
Realisation by aliens and stateless persons of their rights and freedoms in the Republic of Belarus must not be detrimental to interests of the Republic of Belarus, rights and legitimate interests of citizens of the Republic of Belarus and other persons.
Article 4
Provisions of the present Law in regard to aliens staying in the Republic of Belarus shall be applied on reciprocal basis. Where another state restricts or violates generally recognised standards of the legal status of aliens in regard to citizens of the Republic of Belarus, the Council of Ministers of the Republic of Belarus may reciprocally establish the respective restrictions of rights and freedoms in regard to citizens of that state.
Article 5
While in the Republic of Belarus, aliens and stateless persons shall be obliged to observe the Constitution and legislation of the Republic of Belarus, to respect customs and traditions of the people of the Republic of Belarus.
Article 6
Aliens and stateless persons may permanently or temporarily reside in the Republic of Belarus.
Article 7
Aliens and stateless persons shall be qualified as permanent residents in the Republic of Belarus if they have a permit for permanent residence in the Republic of Belarus issued by internal affairs bodies.
A permit for permanent residence in the Republic of Belarus shall be issued to aliens and stateless persons if they:
1) are immediate relatives of citizens of the Republic of Belarus;
2) marry a citizen of the Republic of Belarus.
A permit for permanent residence in the Republic of Belarus may be issued to aliens and stateless persons in other cases provided for by legislation of the Republic of Belarus.
A residence certificate for persons who have got a permission for permanent residence in the Republic of Belarus, shall be legalised in the manner established by the Council of Ministers of the Republic of Belarus.
Article 8
Aliens and stateless persons staying in the Republic of Belarus on other grounds, shall be qualified as temporary residents in the Republic of Belarus. The conditions of their stay on the territory of the Belarus Republic shall be determined by the Council of Ministers of the Republic of Belarus. Aliens and stateless persons who are qualified as temporary residents in the Republic of Belarus, must quit the Republic of Belarus upon expiration of the term determined for their stay.
II. FUNDAMENTAL RIGHTS, FREEDOMS AND OBLIGATIONS OF ALIENS AND STATELESS PERSONS IN THE REPUBLIC OF BELARUS
Article 9
In accordance with the Constitution and laws of the Republic of Belarus, aliens and stateless persons shall be guaranteed security of person and home and other personal rights and freedoms.
Detained or arrested aliens and stateless persons must be immediately informed, in the language they understand, about the reasons for their detention or arrest and the rights they have in accordance with legislation of the Republic of Belarus.
The body that has detained or arrested an alien shall inform about it the Ministry of Foreign Affairs of the Republic of Belarus, to notify about the case the diplomatic or consular mission of the State of which the detained or arrested person is a citizen.
Article 10
Aliens and stateless persons permanently or temporarily residing on the territory of the Republic of Belarus, may move within the territory of the Republic of Belarus and choose a place of residence in the Republic of Belarus in accordance with the Regulations for Stay of Aliens and Stateless Persons in the Republic of Belarus approved by the Council of Ministers of the Republic of Belarus.
Restrictions of movement and of choice of a place of residence shall be allowed only in the manner established by legislation.
Article 11
Aliens and stateless persons permanently residing in the Republic of Belarus may engage in labour, economic or other activity if such activity is not prohibited by the laws of the Republic of Belarus and if not exclusively citizens of the Republic of Belarus are permitted to engage in such activity.
Aliens and stateless persons temporarily residing on the territory of the Republic of Belarus shall have the right to engage in labour, economic or other activity only upon receiving a special permit issued by the State bodies duly authorised by the Council of Ministers of the Republic of Belarus.
Article 12
Aliens and stateless persons permanently residing in the Republic of Belarus and lawfully engaging in labour, economic or other activity, shall have the same social and economic rights as citizens of the Republic of Belarus including the right to social security.
Social and economic rights of aliens and stateless persons temporarily residing on the territory of the Republic of Belarus and lawfully engaging in labour, economic or other activity shall be determined by the legislation in force.
Article 13
Aliens and stateless persons shall have the right to education in the Republic of Belarus in accordance with the procedure established by the laws of the Republic of Belarus.
Article 14
Aliens and stateless persons permanently residing in the Republic of Belarus shall have the same right as citizens of the Republic of Belarus, to join trade unions and other public institutions if it does not contradict their statutes and the laws of the Republic of Belarus.
Article 15
Aliens and stateless persons in the Republic of Belarus may contract or dissolve marriage with citizens of the Republic of Belarus and other persons in accordance with the laws of the Republic of Belarus.
Aliens and stateless persons in the Republic of Belarus in their marital and family relations shall be entitled to the same rights and duties as citizens of the Republic of Belarus.
Article 16
Aliens and stateless persons may not elect and be elected to elective State bodies of the Republic of Belarus, as well as participate in referendums.
Article 17
Aliens and stateless persons may not hold the posts that under the legislation may be held only by citizens of the Republic of Belarus.
Article 18
Aliens and stateless persons staying in the Republic of Belarus shall not be subject to compulsory military service.
III. ENTRY OF ALIENS AND STATELESS PERSONS INTO THE REPUBLIC OF BELARUS AND EXIT FROM THE REPUBLIC OF BELARUS
Article 19
Aliens and stateless persons may enter the Republic of Belarus and depart from the Republic of Belarus only with a valid passport or document replacing it, provided they have a permission issued in the established manner.
Article 20
Aliens and stateless persons may be denied to enter the Republic of Belarus:
1) if it is necessary for protection of rights and legitimate interests of citizens of the Republic of Belarus and other persons;
2) in the interests of state security, protection of public order and health of inhabitants;
3) if during the previous stay in the Republic of Belarus the facts were established that a person had violated the legislation on legal status of aliens and stateless persons in the Republic of Belarus, as well as the customs, hard currency or other law;
4) if applying for entry a person has presented false information or has not submitted necessary documents;
5) if an alien or a stateless person entering the territory of the Republic of Belarus doesn’t dispose of means to cover the expenses for staying in the territory of the Republic of Belarus and departing from it. The amount of means to cover the above expenses shall be determined by the Council of Ministers of the Republic of Belarus;
6) if an alien or a stateless person is on the Watch List of persons whose entry to the territory of the Republic of Belarus is prohibited or undesirable. The rules of registering of aliens and stateless persons into the Watch List as well as the procedure of its maintaining shall be determined by the Council of Ministers of the Republic of Belarus;
7) in other cases provided for by the legislation of the Republic of Belarus.
Article 21
The right to exit of aliens or stateless persons from the Republic of Belarus may be restricted in the following cases:
1) if they have been charged with a crime - until the end of the investigation of the case;
2) if they have been sentenced for the committed crime - until they have served their term or until they are exempt from serving their term;
3) if they have not discharged their property obligations to the Republic of Belarus or property obligations arising from marriage or family relations, or any other property obligations established by enforced decisions of court, - until their obligations are fulfilled;
4) if their exit contradicts the interests of the state security – until the circumstances preventing their exit have ceased to be in effect.
The right to exit of aliens or stateless persons from the Republic of Belarus may be restricted in other cases provided for by the legislation of the Republic of Belarus.
Article 22
Aliens and stateless persons who transit the territory of the Republic of Belarus, shall move to the border point of exit from the Republic of Belarus along the itinerary established in accordance with the Rules for Transit approved by the Council of Ministers of the Republic of Belarus.
Such persons may stay on the territory of the Republic of Belarus, provided they have a permission issued in the established manner.
IV. RESPONSIBILITY OF ALIENS AND STATELESS PERSONS
Article 23
Aliens and stateless persons who have committed a crime, administrative or other offences, shall be accountable under the laws of the Republic of Belarus.
Article 24
The term established for stay of aliens and stateless persons in the Republic of Belarus may be reduced for those who have violated the legislation on legal status of aliens and stateless persons in the Republic of Belarus.
The term of stay of aliens and stateless persons in the Republic of Belarus may be also reduced if the grounds for their further stay in the Republic of Belarus have become invalid.
Article 25
Aliens and stateless persons may be deported from the Republic of Belarus:
1) if it is necessary for protection of health, rights and legitimate interests of citizens of the Republic of Belarus and of other persons;
2) if their actions contradict the interests of state security or protection of public order;
3) if they have flagrantly violated the legislation on legal status of aliens and stateless persons in the Republic of Belarus as well as customs, hard currency or other law, and there are no grounds to institute criminal proceedings against them;
4) in other cases provided for by the legislation of the Republic of Belarus.
Article 26
Aliens and stateless persons shall be obliged to quit the Republic of Belarus within the period of time indicated in the decision on deportation adopted in the established manner. The persons avoiding departure or those who are believed to have grounds to avoid it shall be, upon a prosecutor's order, subject to detention and compulsory deportation. The detention shall be allowed for the period necessary for deportation.
V. FINAL PROVISIONS
Article 27
The present Law shall not be applied to heads and officers of foreign diplomatic and consular missions and their family members who are entitled to privileges and immunities established by international treaties of the Republic of Belarus.
Article 28
The procedure for granting the right to asylum to aliens and stateless persons shall be determined by the legislation of the Republic of Belarus.
Article 29
If an international treaty of the Republic of Belarus establishes other regulations, the regulations of an international agreement shall be applied.