RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 14, 2013 No. 1081

About modification and amendments in Regulations on procedure for functioning of single state system of registration and accounting of offenses

Council of Ministers of the Republic of Belarus DECIDES:

1. Bring in the Regulations on procedure for functioning of single state system of registration and accounting of offenses approved by the resolution of Council of Ministers of the Republic of Belarus of July 20, 2006 No. 909 (The national register of legal acts of the Republic of Belarus, 2006, No. 130, 5/22725; 2008, No. 15, 5/26598; No. 54, 5/26865; 2009, No. 14, 5/29066; No. 131, 5/29780), changes and amendments, having been reworded as follows it it (is applied).

2. This resolution becomes effective since January 1, 2014.

 

Approved by the Resolution of Council of Ministers of the Republic of Belarus of July 20, 2006 No. 909

(in edition of the Resolution of Council of Ministers of the Republic of Belarus of December 14, 2013 No. 1081)

Regulations on procedure for functioning of single state system of registration and accounting of offenses

Section I General provisions

Chapter 1 Basic provisions

1. This Provision determines procedure for assignment of registration number to offense, fixing of data on offense and their transfers to law-enforcement bodies, and also procedure for the room of data on offenses to single national bank of data on offenses, their storages, destruction and provision.

2. In this Provision terms in the values determined in the Law of the Republic of Belarus of January 9, 2006 "About single state system of registration and accounting of offenses" are used (The national register of legal acts of the Republic of Belarus, 2006, No. 9, 2/1191), and also the following terms and their determinations:

databank of registration information on offenses - the information and technical system which is under authority of criminal prosecution authorities, the bodies conducting administrative process and courts, the including set of data on the offenses registered by them;

filling of registration card - fixing in registration card of data on offense, registration and accounting of offense;

the bodies and organizations performing punishment - criminal and executive inspections, inspectorates for cases of minor law-enforcement bodies, organizations of criminal executive system, pre-trial detention centers, garrison guardrooms, and also military units, organizations, bodies and military forming in which the military personnel condemned to punishment in the form of restriction on military service serves;

registration card - the document intended for fixing of data on offense;

accounting division - information division of managements, Departments of Internal Affairs of city, district executive committees (local administrations), Departments of Internal Affairs on transport;

fixing of data on offenses - entering of data on offenses into magazines of registration of offenses, registration cards and (or) databanks of registration information on offenses.

3. If the termination of terms of registration or accounting of offenses, provisions of data on the offenses provided by this Provision falls on non-working day, then the first working day following it is considered last afternoon of the termination of term.

4. Requirements to the electronic document for exchange of data on offenses between the criminal prosecution authorities, bodies conducting administrative process, courts and law-enforcement bodies are determined by the Ministry of Internal Affairs in coordination with the interested state bodies not later than three months before their application.

Chapter 2 the State bodies and officials performing registration and accounting of offenses

5. Registration of administrative offenses is performed by state bodies and other organizations (their territorial structural subdivisions or bodies) which officials according to the legislation are given authority on creation of protocols on administrative offenses or hearing of cases about administrative offenses, and also courts.

6. Registration of crimes is performed by bodies of pretrial investigation, bodies of inquiry (including the bodies and organizations performing punishment), prosecutors and courts.

7. Accounting of offenses is performed by information divisions of law-enforcement bodies.

Section II Procedure for Assignment of Registration Number to offense

Chapter 3 Procedure for assignment of registration number to administrative offense

8. Registration number is assigned to administrative offense by registering body - state body or other organization (their territorial structural subdivision or body) which officials constitute the protocol on administrative offense or issues the decree on imposing of administrative punishment according to parts 3 and 3-1 of article 10.3 of the Procedural and executive code of the Republic of Belarus about administrative offenses (further - registering body, the code), no later than three days after pronouncement of the resolution on imposing of administrative punishment, except for the case provided in Item 9 of this provision.

9. If case on administrative offense is subject to transfer for consideration to other body conducting administrative process, or court registration number is assigned to administrative offense by registering body in the terms determined in article 10.30 of the Procedural and executive code.

10. Registration number is assigned to administrative offense by the Arab figures with increase within calendar year and fixed on the protocol on administrative offense or the resolution on imposing of the administrative punishment which is taken out according to parts 3 and 3-1 of article 10.3 of the Procedural and executive code and also in the magazine of registration of administrative offenses according to appendix 1.

The structure of the registration number assigned to administrative offenses by subordinate registering bodies is determined by higher state body and shall include permanent number of signs (at least five) and begin with two last figures of year of registration of administrative offense.

11. The magazine of registration of administrative offenses is laced up, numbered, sealed, kept within calendar year and upon completion of year is stored within three years.

Based on decisions of higher state bodies maintaining data by subordinate registering bodies of magazines in electronic form using the state information systems with the subsequent printout and lacing upon completion of calendar year is allowed.

Chapter 4 Procedure for assignment of registration number to crime

12. Registration number is assigned to crime:

body of pretrial investigation, body of inquiry, the prosecutor - no later than one days after pronouncement of resolutions on initiation of legal proceedings, about refusal in initiation of legal proceedings in the cases provided in Items 3, of 4, of 7, 10 parts 1 of Article 29 of the Code of penal procedure of the Republic of Belarus (further - the Code of penal procedure), about acceptance to production of the criminal case which arrived from competent authority of foreign state about allocation of criminal case;

court - no later than three days after the introduction in legal force of conviction of court on criminal case of private prosecution or return of this criminal case from court of cassation instance.

13. Registration number is assigned to crime by the Arab figures with increase within calendar year on structure of registration number of crime according to appendix 2 and fixed by body of pretrial investigation, body of inquiry, the prosecutor on resolutions on initiation of legal proceedings, on refusal in initiation of legal proceedings in the cases provided in Items 3, of 4, of 7, 10 parts 1 of Article 29 of the Code of penal procedure about acceptance to production of the criminal case which arrived from competent authority of foreign state about allocation of criminal case, and also in the magazine of registration of crimes according to appendix 3.

By transfer of criminal case on competence, acceptance of criminal case to production by the prosecutor registration number of crime does not change. Data on crime on this case with indication of earlier assigned registration number body of pretrial investigation, body of inquiry, by the prosecutor are fixed in the magazine of registration of crimes no later than one days after removal by the investigator, person making inquiry or the prosecutor of the resolution on acceptance of criminal case to production.

In case of cancellation of the proceeding decisions specified in Item 12 of this provision, their repeated acceptance attracts assignment to this crime of new registration number.

14. The magazine of registration of crimes is laced up, numbered, sealed, kept within calendar year and upon completion of year is stored within 15 years.

Based on decisions of higher state bodies conducting pretrial investigation by subordinate divisions, bodies of inquiry and prosecutor's offices of data of magazines in electronic form using the state information systems with the subsequent printout and lacing upon completion of calendar year is allowed.

Section III Procedure for Fixing of Data on Offence

Chapter 5 General requirements to filling of registration cards

15. Data on administrative offense are fixed in registration cards:

about the administrative offense made by physical person, forms 1-AP (further - registration card of form 1-AP) according to appendix 4;

about the administrative offense made by the legal entity, forms 3AP (further - registration card of form 3-AP) according to appendix 5;

about results of appeal (protest) of the resolution which took legal effect on the case of administrative offense of form 2-AP (further - registration card of form 2-AP) according to appendix 6.

Data on crime are fixed in registration cards:

about form 1 crime (further - registration card of form 1) according to appendix 7;

about the physical person injured with crime, forms 1-P (further - registration card of form 1-P) according to appendix 8;

about the suspect, the person accused of form 1-L (further - registration card of form 1-L) according to appendix 9;

about the course of preliminary inquiry of form 2 (further - registration card of form 2) according to appendix 10;

about the end of preliminary inquiry of form 3 (further - registration card of form 3) according to appendix 11;

about person who committed crime, forms 3-L (further - registration card of form 3-L) according to appendix 12;

about supervision (control) of investigation of crime of form 4 (further - registration card of form 4) according to appendix 13;

about the course of consideration of criminal case in court of form 5 (further - registration card of form 5) according to appendix 14;

about the person taken into custody, condemned forms 6 (further - registration card of form 6) according to appendix 15;

about the location of the convict of form 7 (further - registration card of form 7) according to appendix 16.

16. Based on decisions of state bodies Sections I and II of registration cards of forms 1-AP, 2-AP and 3-AP can be added with other details containing the data on offenses provided in the Law of the Republic of Belarus "About single state system of registration and accounting of offenses". Such data are not transferred to accounting divisions.

17. Coding of the concepts applied in registration cards is performed with use of the qualifiers placed in the text of registration cards, and also given in the list of the qualifiers used in registration cards of single state system of registration and accounting of offenses according to appendix 18.

Qualifiers are developed, if necessary are supplemented with the Ministry of Internal Affairs taking into account offers of the interested state bodies and not later than two months before their application are reported on electronic data transmission channels to these authorities. In case of adoption of the acts of the legislation requiring change (amendment) of qualifiers, their transfer to the interested state bodies is performed not later than three working days before entry into force of these acts.

18. Registration cards are, as a rule, filled with use of the computer equipment directly in databanks of registration information on offenses then are unpacked on papers in the cases provided by this Provision.

Filling of registration cards by hand is allowed by ink or paste. Surnames, own names, middle names (if those are available) physical persons, the name of legal entities, circumstance of making of offense register printing letters.

In registration cards corrections are prohibited. In the text only the commonly accepted abbreviations, reducings and terms according to appendix 17 can be used. The fixed data on offenses shall reflect precisely contents of the made proceeding decisions, correspond strictly established according to the procedure, provided by legal acts, to the facts and events and to be confirmed by case papers.

19. The adjusting registration card is filled in cases:

detection of the inaccuracies allowed when filling primary registration card, - (stored at) which criminal case (case on administrative offense) at the time of detection of inaccuracies, at the request of heads of these bodies is person, filled it, other authorized employee of registering body or the official of body of pretrial investigation, body of inquiry, court, the prosecutor, in production;

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