LAW OF THE REPUBLIC OF BELARUS

of January 10, 2015 No. 242-Z

About modification and amendments in some laws of the Republic of Belarus concerning ensuring public and boundary safety

It is accepted by the House of Representatives on December 17, 2014

Approved by Council of the Republic on December 18, 2014

Article 1. In paragraph eight of part two of article 11 of the Law of the Republic of Belarus of December 30, 1997 in edition of the Law of the Republic of Belarus of August 7, 2003 "About mass actions in the Republic of Belarus" (Vedamastsi Natsyyanalnaga to descent of Respubliki Belarus, 1998, No. 2, Art. 6; 2003, No. 93, 2/982) of the word "under masks" shall be replaced with words the National register of legal acts of the Republic of Belarus ", including with use of masks, other objects and (or) means for difficulty of establishment of their personality".

Article 2. Bring in the Criminal code of the Republic of Belarus of July 9, 1999 (The national register of legal acts of the Republic of Belarus, 1999, No. 76, 2/50) the following amendments and changes:

1. Add the Code with Article 228-1 of the following content:

"Article 228-1. Illicit movement of goods through customs border

1. Movement of goods through customs border of the Customs union out of the places determined by the legislation or in the unspecified working hours of customs authorities in these parts in the absence of essential elements of offense, stipulated in Article 228th of this Code (illicit movement of goods through customs border) made within year after imposing of administrative punishment for the same violation

it is punished by penalty, either arrest, or restriction of freedom for a period of up to two years, or imprisonment for the same term.

2. The illicit movement of goods through customs border which is commited by person previously convicted for the crimes provided by this Article or article 228 of this Code

it is punished by penalty, either arrest, or restriction of freedom for a period of up to three years, or imprisonment for the same term.

3. The illicit movement of goods through customs border made by organized group

it is punished by restriction of freedom for a period of up to five years or imprisonment for a period of two up to five years.".

2. The name and paragraph one of part 1 of Article 453 to state in the following edition:

"Article 453. Abuse of regulations of execution of the border service or implementation of border control

1. The abuse of regulations of execution of the border service or implementation of border control by person who is part of the job specification on protection of Frontier of the Republic of Belarus, which created real threat of approach of effects for which prevention this job specification is appointed, or entailed such effects -".

Article 3. Bring in the Code of penal procedure of the Republic of Belarus of July 16, 1999 (The national register of legal acts of the Republic of Belarus, 2000, No. 77-78, 2/71; 2011, No. 140, 2/1877; National legal Internet portal of the Republic of Belarus, 03.07. 2014, 2/2163) the following amendments and changes:

1. Item 6 of part 1 of article 37 after the word to "smuggling" to add with words "illicit movement of goods through customs border,".

2. 182 figures "228," and the words "371 and" to exclude 2 Articles from part.

Article 4. Bring in the Maritime Code of the Republic of Belarus of November 15, 1999 (The national register of legal acts of the Republic of Belarus, 1999, No. 90, 2/96; 2007, No. 305, 2/1397) the following changes and amendments:

1. State Article 146 in the following edition:

"Article 146. General terms of maritime transport of passengers

The carrier shall:

1) prior to maritime transport of passengers to bring the vessel to the state suitable for swimming and safe transportation of passengers, to properly staff it by crew, to equip and supply with all necessary and to contain it in such condition during maritime transport of passengers;

2) if the Republic of Belarus is the state of appointment or transit, prior to maritime transport of passengers to be convinced that passengers have the documents necessary for entry into the Republic of Belarus;

3) to organize servicing of passengers and to provide them with exact and timely information on movement of courts and the provided services.

When implementing maritime transport of passengers the carrier has the right to check the documents necessary for entry into the state of appointment, transit at passengers.

The passenger has the right on:

1) free conveyance and cabin baggage within the established regulations;

2) free or preferential transportation of children.

Regulations of free conveyance and cabin baggage are established by republican state body in the field of sea transport.

Rules of free or preferential transportation of children are established by republican state body in the field of sea transport.

The passenger shall show upon the demand of carrier to it the documents necessary for entry into the state of appointment, transit.".

2. Add Article 148 with Items 5-7 of the following content:

"5) refusal of the passenger to show to carrier the documents necessary for entry into the state of appointment, transit;

6) violations by the passenger of the rules established by competent authorities of the foreign state which is the state of departure, appointment or transit according to the legislation of this state;

7) availability at carrier of data on what will be refused to the passenger entry into the Republic of Belarus if the Republic of Belarus is the state of appointment or transit.".

Article 5. Bring in the Code of inland water transport of the Republic of Belarus of June 24, 2002 (The national register of legal acts of the Republic of Belarus, 2002, No. 76, 2/867; 2007, No. 305, 2/1397) following changes and amendments:

1. In Article 106:

to state the name of Article in the following edition:

"Article 106. Obligations and rights of carrier";

add Article with the paragraph the tenth the following content:

"if the Republic of Belarus is the state of appointment or transit, prior to the transportation of passengers by inland water transport assuming crossing by passengers of Frontier of the Republic of Belarus (further - international delivery of passengers), to be convinced that passengers have the documents necessary for entry into the Republic of Belarus.";

add Article with part two of the following content:

"When implementing international delivery of passengers the carrier has the right to check the documents necessary for entry into the state of appointment, transit at passengers.".

2. The second Article 107 to state part in the following edition:

"The passenger shall:

follow instructions for use the courts of inland water transport, and also other objects located ashore and intended for servicing of passengers;

upon the demand of the carrier performing international delivery of passengers to show it the documents necessary for entry into the state of appointment, transit.".

3. In Article 109:

in the name of Article of the word "Early Termination or Change by Carrier" shall be replaced with words "Refusal of carrier of execution";

in part one:

in paragraph one of the word "terminate the agreement" shall be replaced with words "refuse agreement performance";

add part with paragraphs the sixth or eighth the following content:

"refusal of the passenger to show to the carrier performing the international delivery of passengers, documents necessary for entry into the state of appointment, transit;

violations by the passenger of the rules established by competent authorities of the foreign state which is the state of departure, appointment or transit according to the legislation of this state (when implementing international delivery of passengers);

availability at the carrier performing international delivery of passengers, data on what will be refused to the passenger entry into the Republic of Belarus if the Republic of Belarus is the state of appointment or transit.";

in part two of the word "termination" and "is caused" to replace respectively with the words "refusal of carrier of execution" and "is caused".

Article 6. Bring in the Code of the Republic of Belarus about administrative offenses of April 21, 2003 (The national register of legal acts of the Republic of Belarus, 2003, No. 63, 2/946; No. 87, 2/980; 2005, No. 74, 2/1112; No. 120, 2/1128; 2006, No. 78, 2/1207, 2/1212; No. 111, 2/1242; No. 112, 2/1244; 2007, No. 4, 2/1296; No. 160, 2/1343; No. 263, 2/1376; No. 305, 2/1397, 2/1401; 2010, No. 16, 2/1651; No. 300, 2/1750; 2011, No. 4, 2/1777; No. 127, 2/1861; National legal Internet portal of the Republic of Belarus, 27.07.2013, 2/2062) following amendments and changes:

1. To add part 7 of Article 2.4 with Item 13-1 of the following content:

"13-1) violation of boundary regime (Article 23. 30);".

2. Add Article 12.27 with part 6 of the following content:

"6. Movement on the territories of border area or borderland, storage within the specified territory physical persons, including the individual entrepreneurs who do not have the right to implementation of wholesale, retail trade by tobacco products or the rights to storage of tobacco products (as type of business activity), more than one thousand cigarettes, more than one thousand grams of tobacco or other tobacco products in the absence of signs of illegal business activity

attract imposing of penalty in the amount of ten up to fifty basic sizes with confiscation of the moved, stored tobacco products.".

3. In the paragraph the second Article 23.29 of the word "to fifty" shall be replaced with words "from ten to hundred".

4. State Article 23.30 in the following edition:

"Article 23.30. Violation of boundary regime

1. Violation of procedure for entrance (entrance), temporary stay, movement of physical persons and vehicles in border area and borderland, accounting, content, swimming and finding of water vessels in internal waters of the Republic of Belarus within border area and borderland, content and use in border area and borderland of the motorized vehicles which are not subject to operation on roads, floating objects and aircraft, and also procedure of economic and other activity in border area and borderland, and is equal attempt at such violations

attract the prevention with deportation or without deportation or imposing of penalty in the amount up to fifty basic sizes with deportation or without deportation, and on the legal entity - from fifty up to hundred basic sizes.

2. The acts provided by part of 1 this Article committed repeatedly within one year after imposing of administrative punishment for the same violations,

attract imposing of penalty in the amount of ten up to hundred basic sizes with deportation or without deportation, and on the legal entity - from seventy up to hundred fifty basic sizes.".

5. In Article 23.31:

in part 4:

in paragraph one to replace the word of "maintaining" with the word of "implementation";

in the paragraph the second to replace the word of "thirty" with the word of "fifty";

add Article with part 5 of the following content:

"5. The acts provided by parts 1-3 of this Article committed repeatedly within one year after imposing of administrative punishment for the same violations,

attract imposing of penalty in the amount of ten up to hundred basic sizes with deportation or without deportation.".

6. In Article 23.32:

in paragraph one:

shall be replaced with words the word "Violation" "1. Violation";

add Article with part 2 following of content:

"2. The acts provided by part of 1 this Article committed repeatedly within one year after imposing of administrative punishment for the same violations,

attract imposing of penalty in the amount of ten up to hundred basic sizes with deportation or without deportation.".

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