PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of April 17, 2013 No. 197

About modification and amendments in the Presidential decree of the Republic of Belarus of September 7, 2007 No. 413

For the purpose of enhancement of system of accounting of citizens at the place of residence and the place of stay I decide:

1. Bring in the Regulations on registration of citizens at the place of residence and the place of stay approved by the Presidential decree of the Republic of Belarus of September 7, 2007 No. 413 "About enhancement of system of accounting of citizens at the place of residence and the place of stay" (The national register of legal acts of the Republic of Belarus, 2007, No. 223, 1/8873; 2009, No. 67, 1/10532; No. 146, 1/10770; 2010, No. 144, 1/11694; 2011, No. 74, 1/12651; No. 113, 1/12967), following changes and amendments:

1.1. in item 4:

1.1.1. subitem 4.1 in paragraph three "sixteen-year-old" to replace the word with the word of "fourteen-year-old";

1.1.2. in subitem 4.2:

to state the paragraph of the sixth in the following edition:

"the document confirming the related relations, recognition by the family member, marriage or establishment of guardianship (guardianship) (the certificate of birth (for foreign citizens and stateless persons to which the status of the refugee is provided or the shelter in the Republic of Belarus is granted, - in the presence), the written agreement about recognition by the family member, or the certificate on marriage (for foreign citizens and stateless persons to which the status of the refugee is provided or the shelter in the Republic of Belarus, - in the presence), or the certificate on adoption (adoption) or the copy (the statement is granted from) the judgments about adoption (adoption), or the reference of the body registering acts of civil status, containing data from civil registrations, confirming the related relations, marriage, or the decision of guardianship and custody body on establishment of guardianship (guardianship) and appointment of a guardian (custodian) or the decision of guardianship and custody body on creation of foster home, orphanage of family type or the certificate on the right of representation of interests of the ward), - for registration of the citizens listed in Items 71 and 9 of this provision at the place of residence or the place of stay;";

in paragraph nine of the word "medical and educational organization" and "lechebnovospitatelny organization" to replace respectively with words "special lechebnovospitatelny facility, educational colony, the arestny house" and "special medical and educational facility, educational colony, the arestny house";

in paragraph ten of the word "children's village (town)" shall be replaced with words "child care residential care facility" in the corresponding case;

to exclude from the paragraph of the eleventh word "or to the place of stay";

in the paragraph the twelfth:

words "stationary", "stationary", "stationary" to exclude;

after words "transfer of the citizen" to add with the words "on stationary social servicing";

1.2. in paragraph three of Item 5 of the word "legal representatives" shall be replaced with words "parents, adoptive parents (adopters), guardians (custodians) (further, unless otherwise specified, - legal representatives)";

1.3. part the second Item 6 after the word "uses" to add with words "premises of special office housing stock,";

1.4. in Item 7:

1.4.1. in part one:

from paragraph one of the word "except for the minors specified in part six of this Item" to exclude;

in the paragraph the second words of "legal representatives" shall be replaced with words "parents, adoptive parents (adopters) (further, unless otherwise specified, - parents)";

in paragraph three of the word "legal representative" to replace with the word "parent" in the corresponding case and number;

add part with the paragraph the fourth the following content:

"in the location of premises, including the living rooms assigned to minors in the procedure established by the legislation.";

1.4.2. in paragraph one of part two of the word "parts seven" shall be replaced with words "the paragraph third parts five";

1.4.3. in part three:

from paragraph one of the word", except for" to exclude the minors specified in part six of this Item;

in paragraphs second and third to replace the words "legal representative" with the word "parent" in the corresponding case and number;

the fourth to state the paragraph in the following edition:

"not at the place of residence of his parents - with the consent of parents;";

add part with the paragraph the fifth the following content:

"in the location of premises, including the living rooms assigned to minors in the procedure established by the legislation.";

1.4.4. in part four:

in paragraph one of the word "parts seven" shall be replaced with words "paragraphs the third and fifth parts five";

word in paragraph four "parts five and the seventh" shall be replaced with words "parts six";

1.4.5. the fifth or eighth to state parts in the following edition:

"Registration of minors in the place of stay is obligatory in the relation:

minors from another town aged from fourteen up to eighteen years enlisted in organizations of education for education in day form of education;

the minors determined in child care residential care facilities (including special teaching and educational facilities, special lechebnovospitatelny facilities);

the minors arranged on education in tutorial families, foster homes, orphanages of family type;

the minors determined in educational colonies and arestny houses.

Without the consent of legal representatives are registered in the place of stay:

the minors from another town aged from fourteen up to eighteen years enlisted in organizations of education for education in day form of education;

the minors placed in special teaching and educational facilities, special medical and educational facilities, educational colonies and arestny houses.

The minors from another town aged from fourteen up to eighteen years enlisted in organizations of education for education in day form of education are registered in the place of stay according to the procedure, established in Item 30 of this provision, on education date of receipt.

The minors determined in child care residential care facilities (except special teaching and educational facilities, special medical and educational facilities), are registered in the place of stay according to the procedure, established in Chapter 3 this provision, in the location of these organizations for a period of up to attainment of majority.";

1.4.6. add Item with parts of the ninth or fourteenth of the following content:

"The minors arranged on education in tutorial families, foster homes, orphanages of family type are registered in the place of stay according to the procedure, established in Chapter 3 this provision, at the place of residence or the place of stay of guardians, custodians, adoptive parents, parents tutors for a period of up to attainment of majority.

The minors placed in special teaching and educational facilities, special medical and educational facilities are registered in the place of stay according to the procedure, established in Chapter 3 this provision, in the location of these organizations for the term of stay in these organizations.

The minors placed in educational colonies and arestny houses are registered in the place of stay according to the procedure, established in Items 34 and 36 of this provision, for the term of serving sentence.

Registration of minors at the place of residence is performed:

parents at the place of residence no later than one month from the date of registration of the birth or from the date of arrival on the new residence;

adoptive parents (adopters) at the place of residence no later than one month from the date of the introduction in legal force of the judgment about adoption (adoption) if earlier minors were registered at the place of residence not at the place of residence of adoptive parents (adopters), or from the date of arrival on the new residence.

In case of absence at parents of registration at the place of residence in the case provided in part two of Item of 31 this provision, parents shall register minors in the place of stay in the place of stay no later than one month from the date of registration of the birth or from the date of arrival on the new place of stay.

In case of receipt of information on violation of the requirement specified in parts twelve and the thirteenth this Item, guardianship and custody body at the place of residence or the place of stay of parents, adoptive parents (adopters) (one of them) sends to the person responsible for registration, at the place of residence of parents, adoptive parents (adopters) (one of them) information on minors for their registration at the place of residence of parents, adoptive parents (adopters) (one of them). In case of absence at parents of registration at the place of residence in the case provided in part two of Item of 31 this provision, the guardianship and custody body in the place of stay of parents (one of them) sends to body of registration in the place of stay of parents (one of them) information on minors for their registration in the place of stay of parents (one of them). In case of registration of parents, adoptive parents (adopters) at the place of residence, the place of stay to different addresses minors are registered respectively at the place of residence, the place of stay of that parent, adoptive father (adopter) with which they actually live.";

1.5. add the Provision with Item of 71 following contents:

"71. Participants of common ownership, employers of premises are registered at the place of residence or the place of stay in these premises without consent according to other participants of common ownership, other employers of these premises (if they are presented according to the employment contract of premises to several employers) and full age members of their families living together with them.

Registration of the spouse (spouse), parents and children of the owner of premises at the place of residence or the place of stay in these premises is performed from written consent of such owner and without the consent of full age members, the former members of his family living together with it.

Registration of the spouse (spouse), parents and children of the participant of common ownership or the employer of premises of the state housing stock (the employer of premises of private housing stock if lessor is the organization) at the place of residence or the place of stay in premises, the right of possession and use of which is provided to them by this participant of common ownership or the employer, is performed from written consent of such participant of common ownership or the employer and without the consent of other participants of common ownership, other employers of these premises (if it is provided according to the employment contract of premises to several employers) and full age members of their families living together with them.

Registration of the spouse (spouse), parents and children of the employer of premises of private housing stock if lessor is the citizen, at the place of residence or the place of stay in these premises is performed from written consent of such employer, and also the lessor, except for the case provided in part twelve of this Item.

Registration of other citizens, except the spouse (spouse), parents and children of the participant of common ownership, at the place of residence or the place of stay in the premises belonging to this participant of common ownership is performed from written consent of such participant of common ownership, other participants of common ownership.

Brothers and sisters, the grandfather, the grandma and grandsons, and also other relatives, cousins-in-laws and disabled dependents of the owner of premises who signed the written agreement with it about recognition by the family member if other is not established by legal acts, are registered at the place of residence or the place of stay in these premises from written consent of such owner, and also all full age members, the former members of his family who are living together with it and having share in the property right to these premises.

Brothers and sisters, the grandfather, the grandma and grandsons, and also other relatives, cousins-in-laws and disabled dependents of the employer of premises of the state housing stock (private housing stock, if the lessor is the organization) who signed the written agreement with it about recognition by the family member are registered at the place of residence or the place of stay in these premises from written consent of such employer, all full age members of his family living together with it and also from written consent of other employers of premises if it is provided according to the employment contract of premises to several employers.

Brothers and sisters, the grandfather, the grandma and grandsons, and also other relatives, cousins-in-laws and disabled dependents of the employer of premises of private housing stock, if lessor is the citizen, signed with this employer the written agreement about recognition by the family member, are registered at the place of residence or the place of stay in these premises from written consent of the lessor, and also from written consent of this employer, all full age members of his family living together with it, other employers of premises if it is provided according to the employment contract of premises to several employers.

Registration of citizens at the place of residence or the place of stay in premises, the right of possession and use of which is provided to these citizens by the members who were the members of the family of the employer of premises of the state housing stock (the employer of premises of private housing stock, if the lessor is the organization of non-state pattern of ownership) jointly living with it it is allowed from written consent of this employer and the full age members of his family living together with it, and also other employers of premises if it is provided according to the employment contract of premises to several employers, except for the case provided in part twelve of this Item.

Registration of citizens at the place of residence or the place of stay in premises, the right of possession and use of which is provided to these citizens by members of the family of the employer of premises of private housing stock if lessor is the citizen, jointly living with the employer, it is allowed from written consent of the lessor, the employer of premises and the full age members of his family living together with it, and also other employers of premises if it is provided according to the employment contract of premises to several employers, except for the case provided in part twelve of this Item.

Registration of members of the family of the subtenant of premises at the place of residence or the place of stay in these premises is allowed from written consent of the lessor and the employer according to the employment contract of premises, this subtenant and the full age members of his family living together with it, except for the case provided in part twelve of this Item.

Minors are registered in premises at the place of residence or the place of stay of their legal representatives or one of them without the consent of owners, lessors, employers of these premises and full age members of their families living together with them.

In cases of fixing with decisions of local executive and administrative organs to minors of premises registration of these persons at the place of residence in the premises assigned to them, including after attainment of majority, is performed without the consent of owners, participants of common ownership, employers, and also other citizens registered in these premises.";

1.6. in Item 9:

1.6.1. in part one:

after paragraph two to add part with the paragraph of the following content:

"orphan children and children without parental support, and also persons from among orphan children and children without parental support, - in the location of the premises assigned to them;";

the third or twelfth to consider paragraphs respectively paragraphs chetvertymtrinadtsaty;

the fifth to state the paragraph in the following edition:

"minors - respectively at the place of residence or the place of stay of their parents;";

to exclude the paragraph of the seventh;

the eighth or thirteenth to consider paragraphs respectively paragraphs sedmymdvenadtsaty;

to state the paragraph of the eighth in the following edition:

"minors over which are established guardianship or custody, - on registration in the place of stay at the place of residence or the place of stay of guardians or custodians, adoptive parents, parents tutors, except for heads of child care residential care facilities;";

1.6.2. in part two:

after paragraph two to add part with the paragraph of the following content:

"orphan children and children without parental support, and also persons from among orphan children and children without parental support, - in the location of the premises assigned to them;";

the third or tenth to consider paragraphs respectively paragraphs the fourth or eleventh;

the fifth to state the paragraph in the following edition:

"minors - at the place of residence of their parents;";

the seventh and ninth to exclude paragraphs;

paragraphs the eighth, tenth and eleventh to consider respectively paragraphs the seventh or ninth;

1.7. add Item 12 with part three of the following content:

"The Ministry of Education establishes form of the message on need of removal from registration accounting of the minor.";

1.8. in Item 13:

1.8.1. in part one:

in the paragraph the second:

shall be replaced with words the word "installation" ", and also Item of 71 this provision installation";

the word", full age members of his family," shall be replaced with words "and other citizens living together with it and (or)";

word in paragraph four "the representative of the citizen who is registered at the place of residence" shall be replaced with words "representatives of citizens";

in paragraphs the seventh or ninth to replace the words "legal representative" with the word "parent" in the corresponding case and number;

1.8.2. in part three:

replace the words "legal representative" with the word "parent" in the corresponding case and number;

"ninth and tenth" shall be replaced with words words "eighth and ninth";

1.9. in Item 18:

1.9.1. add Item with words ", except for the case provided in part two of this Item";

1.9.2. add Item with part two of the following content:

"If as a result of adoption (adoption) the residence, and also surname, own name and (or) middle name (if that is available) the minor changes, the guardianship and custody body which was involved in consideration of the case about adoption (adoption) within ten working days from the date of the introduction sends the message on need of removal from registration accounting of the minor to legal force of the judgment to person responsible for registration, still the residence of this minor.";

1.10. in Item 22:

1.10.1. in part one:

in the paragraph the second:

shall be replaced with words the word "installation" ", and also Item of 71 this provision installation";

the word", full age members of his family," shall be replaced with words "and other citizens living together with it and (or)";

word in paragraph four "the representative of the citizen who is registered in the place of stay" shall be replaced with words "representatives of citizens";

1.10.2. in part two "eighth" to replace the word with the word "seventh";

1.11. in Item 30 of the word "The Citizens Who Arrived from Other Settlement for Education in the Organizations of Education and the Organizations Implementing" shall be replaced with words "The nonresident citizens enlisted on training in the organizations of education and the organization implementing";

1.12. in part two of Item 31 of the word "third, the fourth, sixth, ninth" shall be replaced with words "third or fifth and eighth";

1.13. in Item 35-1:

1.13.1. in part one:

word in paragraph one", made the decision on assignment to the child" shall be replaced with words "in the place of initial acquisition by the child";

word in paragraph five "to the child" shall be replaced with words assignments "initial acquisition by the child";

add part with the paragraph the sixth the following content:

"if the child after the termination of guardianship (guardianship) has no property right to premises and there are (it is lost, acknowledged not to the relevant health and technical requirements imposed to premises or is absent on other bases) no premises assigned to it.";

1.13.2. after part one to add Item with part of the following content:

"Guardianship and custody bodies register persons from among orphan children and children without parental support, at the place of residence on street address of the office building of local executive and administrative organ in the place of initial acquisition by such persons of the status of orphan children and children without parental support, or on street address of the office building of local executive and administrative organ in the place of provision of the first workplace by it after the termination of guardianship (guardianship) if they have no property right to premises and there are (are lost, acknowledged not corresponding to the health and technical requirements imposed to premises or are absent on other bases) no premises assigned to them.";

the second to consider part part three;

1.13.3. third to state part in the following edition:

"Registration of persons specified in parts one and the second this Item is performed by entering of information about them into card of registration and putting down of stamp about registration at the place of residence in the identity document, in case of its availability.";

1.14. in Item 37:

1.14.1. "body of registration" to exclude from paragraph one of the word;

1.14.2. to add paragraph two after the word "Belarus" with words ", except for the case provided in paragraph three of this Item";

1.14.3. after paragraph two to add Item with the paragraph of the following content:

"changes in result of adoption (adoption) of the residence, and also surname, own name and (or) middle name (if that is available) the minor - based on the message of guardianship and custody body on need of removal from registration accounting of the minor;";

the third or tenth to consider paragraphs respectively paragraphs the fourth or eleventh;

1.15. add Item 38 with part two of the following content:

"Removal of the minor from registration accounting at the place of residence according to the paragraph to third Item 37 of this provision is performed by person responsible for registration, within five working days after receipt of the message on need of removal from registration accounting of the minor.";

1.16. in paragraph one of Item 39 and Item 40 of the word "third or tenth" shall be replaced with words "fourth or eleventh";

1.17. in Item 41:

1.17.1. in part two word "fifth, seventh or ninth" shall be replaced with words "sixth, eighth or tenth";

1.17.2. in part three "pole" to replace the word with the word "seventh";

1.18. in appendices 1 and 2 to this Provision:

1.18.1. the words "name, middle name" shall be replaced with words "own name, middle name (if that is available)";

1.18.2. words "full age members of the family of the owner or the employer," shall be replaced with words "other citizens living together with the owner or the employer and (or)";

1.19. in appendices 2-1 and 3 to this Provision of the word "name, middle name" shall be replaced with words "own name, middle name (if that is available)".

2. To Council of Ministers of the Republic of Belarus in a month:

2.1. provide reduction of acts of the legislation in compliance with this Decree;

2.2. take other measures for implementation of this Decree.

3. This Decree becomes effective after its official publication.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info