of March 15, 2012 No. 133
About questions of service in law-enforcement bodies of the Republic of Belarus
1. Approve Regulations on service in law-enforcement bodies of the Republic of Belarus it (is applied).
2. The staff of law-enforcement bodies of the Republic of Belarus (further – law-enforcement bodies) having the documents granting the rights to the privileges and benefits in connection with political, religious views or national identity received from foreign states within 5 days shall transfer them for the period of service in law-enforcement bodies in relevant organ of internal affairs.
3. Recognize invalid the Decree and separate provisions of presidential decrees of the Republic of Belarus according to appendix.
4. In six-months time to provide to Council of Ministers of the Republic of Belarus reduction of regulatory legal acts in compliance with this Decree and to take other measures for its realization.
5. This Decree becomes effective in three months after its official publication, except for Items 2, 4 and this Item, becoming effective from the date of official publication of this Decree.
President of the Republic of Belarus
A. Lukashenko
Appendix
to the Presidential decree of the Republic of Belarus of March 15, 2012 No. 133
1. The presidential decree of the Republic of Belarus of November 13, 2001 No. 671 "About approval of the Regulations on service in law-enforcement bodies of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2001, No. 111, 1/3239).
2. Subitem 2.4 of Item 2 of the Presidential decree of the Republic of Belarus of July 2, 2002 No. 345 "About enhancement of procedure for posting of the military personnel, faces of the private and the commanding structure of the Investigative Committee, law-enforcement bodies, financial investigations of the State Control Committee, bodies and divisions for emergency situations to state bodies and other organizations" (The national register of legal acts of the Republic of Belarus, 2002, No. 77, 1/3816).
3. Item 1 of the Presidential decree of the Republic of Belarus of May 22, 2006 No. 341 "About modification and amendments in some presidential decrees of the Republic of Belarus concerning service in law-enforcement bodies and military service" (The national register of legal acts of the Republic of Belarus, 2006, No. 86, 1/7607).
4. Subitem 14.2 of Item 14 of the Presidential decree of the Republic of Belarus of August 28, 2006 No. 542 "About sanatorium treatment and improvement of the population" (The national register of legal acts of the Republic of Belarus, 2006, No. 143, 1/7882).
5. Subitem 1.3 of Item 1 of the Presidential decree of the Republic of Belarus of January 30, 2007 No. 63 "About modification and amendments concerning certification in some presidential decrees of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2007, No. 31, 1/8320).
6. Subitem 1.2 of Item 1 of the Presidential decree of the Republic of Belarus of January 14, 2008 No. 21 "About entering of amendments and changes into some presidential decrees of the Republic of Belarus on the questions connected with discharge from position" (The national register of legal acts of the Republic of Belarus, 2008, No. 15, 1/9361).
7. Subitem 2.2 of Item 2 of the Presidential decree of the Republic of Belarus of July 10, 2008 No. 380 "About some measures for enhancement of procedure for passing of military service and service in paramilitary organizations" (The national register of legal acts of the Republic of Belarus, 2008, No. 172, 1/9871).
8. Subitem 4.2 of item 4 of the Presidential decree of the Republic of Belarus of February 11, 2009 No. 87 "About measures for enhancement of activities of bodies of financial investigations of the State Control Committee" (The national register of legal acts of the Republic of Belarus, 2009, No. 43, 1/10472).
9. Subitem 1.2 of Item 1 of the Presidential decree of the Republic of Belarus of April 2, 2009 No. 171 "About entering of amendments into some presidential decrees of the Republic of Belarus concerning provision of leaves" (The national register of legal acts of the Republic of Belarus, 2009, No. 84, 1/10591).
10. Subitem 1.2 of Item 1 of the Presidential decree of the Republic of Belarus of February 15, 2010 No. 68 "About changes, amendments and recognition voided some regulatory legal acts of the President of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2010, No. 42, 1/11375).
Approved by the Presidential decree of the Republic of Belarus of March 15, 2012 No. 133
1. This Provision establishes procedure and conditions of service by the staff of law-enforcement bodies of the Republic of Belarus (further - law-enforcement bodies) if other is not determined by the President of the Republic of Belarus.
2. The service in law-enforcement bodies (further – service) is the type of public service representing professional activity of staff of law-enforcement bodies (further if other is not determined, – employees) on accomplishment of tasks on protection of life, health, honor, advantage, the rights, freedoms and legitimate interests of citizens, interests of society and state against criminal and other illegal encroachments, the organization of execution and serving sentence and other measures of criminal liability, administrative punishments, and also other tasks determined by legal acts.
3. Service includes acceptance on service, position assignment, certification, assignment of special rank, dismissal from service, and also other circumstances (events) which according to the legislation determine office legal status of employees.
4. The legal basis of service the Constitution of the Republic of Belarus, the Law of the Republic of Belarus of July 17, 2007 constitute No. 263-Z "About law-enforcement bodies of the Republic of Belarus", this Provision and other acts of the legislation.
5. Employees are the employed citizens of the Republic of Belarus (further - citizens) which in accordance with the established procedure gives the special ranks.
6. The employees for the first time employed take the Oath which text affirms the President of the Republic of Belarus.
The procedure for bringing of the Oath is determined by the Minister of Internal Affairs (далееМинистр).
7. In law-enforcement bodies positions of the private and commanding (younger, average, senior and the highest) structure are established.
Lists of positions ordinary, younger, average, the senior commanding structure of law-enforcement bodies and special ranks corresponding to these positions affirm the Minister.
The list of positions of the highest commanding structure of law-enforcement bodies and special ranks corresponding to these positions affirms the President of the Republic of Belarus.
The extreme number of positions in law-enforcement bodies to which there correspond special ranks "militia colonel", "colonel of internal service" is determined by the President of the Republic of Belarus.
8. The dress code and signs of distinction on special ranks approved by the President of the Republic of Belarus and also the official ID and counter with personal number which samples are established by the Minister are in accordance with the established procedure issued to employees.
Procedure for assignment to employees of personal numbers, issues, accounting and use of counters with personal numbers, and also procedure for registration, issue, accounting and use of official IDs are determined by the Minister.
9. On employees personal records according to the procedure, determined by the Minister are drawn up.
10. Employees bear liability for the material damage caused to the state on duty according to Regulations on financial responsibility of faces of the private and the commanding structure of law-enforcement bodies of the Republic of Belarus, the approved Council of Ministers of the Republic of Belarus, and also other responsibility in the cases and procedure established by legal acts.
10-1. Employees are forbidden to get from foreign states the documents granting the rights to privileges and benefits in connection with political, religious views or national identity, and equally to take such privileges and advantages if other does not follow from international treaties of the Republic of Belarus.
11. The beginning of service is considered for:
the citizens employed - the date of entry into force of the contract on service in law-enforcement bodies (further - the contract on service) or day of position assignment (for the employees who are earlier employed without the conclusion of the contract on service);
the citizens who arrived in the institutions of higher education subordinated to the Ministry of Internal Affairs and also other paramilitary organizations or military forming determined in Item 47 of this provision which arrived in organizations of education on military faculties in institutes without the right of the legal entity, military institutes without the right of the legal entity of institutions of higher education, in the foreign organizations for the benefit of the Ministry of Internal Affairs (further if other is not determined, - organizations of formation of the Ministry of Internal Affairs) for receipt of general higher or vocational higher education in day form of education, - day of acceptance (transfer) in these organizations of education;
the military personnel (except the military personnel of compulsory military service), faces of the private and the commanding structure of the Investigative Committee, the State committee of judicial examinations, bodies of financial investigations of the State Control Committee (further - bodies of financial investigations), the bodies and divisions for emergency situations recalled (translated) in accordance with the established procedure to law-enforcement bodies - the day specified in the instruction about arrival to the new duty station.
12. Service life is estimated from the date of the beginning of service.
For the employees serving under the contract on service, service life is established in this contract.
13. Service life stops in day of the expiration of the contract on service, except the cases established by this Provision.
14. In the afternoon of the termination (last afternoon) services day of exception of the employee of lists of staff of law-enforcement body (its division) (further – law-enforcement body) the order of the Minister or other chief (commander) of law-enforcement body (further – the chief) according to the competence determined by the Minister of communication is considered:
with dismissal from service;
with transfer for further service (military service) in other paramilitary organizations or military forming determined in Item 47 of this provision;
with getting out of nationality or loss of nationality of the Republic of Belarus, acquisition of nationality (citizenship) of foreign state;
with death (death);
with recognition it is unknown absent or the announcement the dead.
The employee serving under the contract on service shall be excluded from lists of staff of law-enforcement body in day of the expiration of the contract on service, except the cases established by this Provision.
15. Determination of general service life of the employee is made in calendar calculation (including in case of calculation of length of service for payment of length-of-service allowance and for determination of duration of the main leave).
In some cases, provided by the President of the Republic of Belarus, general service life of employees is determined in preferential calculation.
The procedure for calculation of length of service for payment of length-of-service allowance is determined by the Minister.
Calculation of length of service in the cases determined in Items 62, of 108, 155 and 171 this provision and also for determination of duration of the main leave provided in Item 128 of this provision is performed on the conditions established for calculation to the employee of length of service on pension. At the same time training time in organizations of secondary vocational, higher education, except for training in specialties for Armed Forces, other troops and military forming, the Investigative Committee, State committee of judicial examinations, law-enforcement bodies, bodies of financial investigations, bodies and divisions on emergency situations, and also length of service in length of service are not set off.
16. Under the contract on service full age citizens are employed on voluntary basis, except the cases provided in the part three of this Item capable on the personal, moral and business qualities, the state of health, level of the main education to carry out the tasks assigned to law-enforcement bodies.
To positions of the private and commanding (younger, average and senior) structure citizens, as a rule, are accepted 28 years are not more senior.
In organizations of formation of the Ministry of Internal Affairs for receipt of general higher or vocational higher education in day form of education citizens can be accepted if by it in year of receipt it is performed or 17 years were already performed, but 28 years are not more senior.
Procedure for candidate screen for receipt in organizations of formation of the Ministry of Internal Affairs, feature of acceptance (transfer) in organizations of formation of the Ministry of Internal Affairs for education on specialties for law-enforcement bodies, the procedure and conditions of emergence of the corresponding educational relations are determined by the Ministry of Internal Affairs if other is not established by the President of the Republic of Belarus.
Age restrictions for citizens, earlier dismissed from service, military service, service in the Investigative Committee, the State committee of judicial examinations, from bodies of financial investigations, bodies and divisions on emergency situations, prosecutor's offices and employed, are determined proceeding from requirements of part two of this Item.
17. The citizens employed represent the declaration on the income and property to the Minister or other chief according to the competence determined by the Minister.
Declarations on the income and property to the Minister or other chief according to the competence determined by the Minister are represented by employees and other persons according to legal acts.
18. Concerning the citizen employed special inspection, and in the cases determined by the Minister - also the procedure of execution of the admission to the state secrets is carried out.
19. For determination of the validity of the citizen for health reasons to service, and also its individual psychological and psychophysiological qualities medical examination of the citizen and professional psychophysiological selection of law-enforcement bodies by the military-medical commissions are carried out (further - the military-medical commissions).
20. Citizens cannot be employed in cases:
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