of June 11, 2015 No. 485
About identification of the victims of human trafficking
Based on part two of item 4 of article 17-1 of the Law of the Republic of Belarus of January 7, 2012 "About counteraction to human trafficking" (further – the Law) the Council of Ministers of the Republic of Belarus DECIDES: No. 350-Z
2. Determine the Ministry of Internal Affairs responsible for coordination of activities of state bodies and other organizations in case of identification of the victims of human trafficking.
3. This resolution becomes effective since June 22, 2015.
Prime Minister of the Republic of Belarus
A. Kobyakov
Approved by the Resolution of Council of Ministers of the Republic of Belarus of June 11, 2015 No. 485
1. This Provision determines procedures for identification of the victims of human trafficking, procedure for filling and form of the questionnaire of the citizen, single for state bodies and other organizations, who could suffer from human trafficking or the related crimes, procedure for provision of the data containing in it.
2. For the purposes of this provision terms and their determinations in the values provided by the Law are applied.
3. Identification of the victims of human trafficking is performed by law-enforcement bodies, the state security agencies, bodies of the border service, bodies of prosecutor's office, the Investigative Committee.
4. The state bodies specified in Item 3 this provision perform identification of the victims of human trafficking in case of identification of the citizen who could suffer from human trafficking or the related crimes (further, unless otherwise specified, - the citizen).
5. The basis for implementation of identification of the victims of human trafficking is information containing in the questionnaire of the citizen who could suffer from human trafficking or the related crimes, in form according to appendix 1 (further – the questionnaire).
6. Identification of the victims of human trafficking is performed within 30 days from the date of filling of the questionnaire.
7. In case of identification of the citizen who could suffer from human trafficking or the related crimes, the state bodies specified in Item 3 this provision:
7.1. find out whether the citizen needs translation service, and provide such services in case of need;
7.2. find out whether participation of his legal representative is required to the citizen (further - the representative), and provide such participation in case of need;
7.3. interview the citizen;
7.4. enter data in the questionnaire during which filling:
inform the citizen on its right to application concerning it of measures for protection and recovery of victims of human trafficking, stipulated in Item 1 article 18 of the Law (further - measures for protection and rehabilitation), including the right to application concerning it died these within 30 days from the date of filling of the questionnaire regardless of its consent to passing of the procedure of identification of the victims of human trafficking, participation in criminal procedure, and also on procedures of protection and rehabilitation, data on the state and other organizations which are authorized to apply measures for protection and rehabilitation, need of data transmission about it in these organizations in case of application concerning it of measures for protection and rehabilitation;
find out what types of the help are necessary for the citizen, determine the state or other organizations specified in Items 2 and 3 of article 20 of the Law which give appropriate assistance direct and if necessary accompany the citizen in these organizations for application concerning it of measures for protection and rehabilitation about what do mark in the questionnaire;
7.5. start identification of the victims of human trafficking.
7-1. Identification of the victims of human trafficking is performed with the consent of the citizen who could suffer from human trafficking or the related crimes, the representative (in case of its availability). The consent of the citizen, representative (in case of its availability) to undergo identification of the victims of human trafficking it shall be adopted only after complete explanation by it procedures of identification of the victims of human trafficking which is reflected in the questionnaire.
7-2. About consent or disagreement of the citizen, representative (in case of its availability) on passing of the procedure of identification of the victims of human trafficking in the questionnaire the mark which is with own hand certified by the citizen, the representative (in case of its availability), except as specified, provided in Item 19-1 of this provision becomes.
7-3. In case of refusal the citizen from passing of identification of the victims of human trafficking behind it the right to application concerning it of measures for protection and rehabilitation within 30 days from the date of filling of the questionnaire remains.
8. During implementation of identification of the victims of human trafficking the state bodies specified in Item 3 this provision:
8.1. check the data entered in the questionnaire by information collection, the human trafficking allowing to establish or confute the fact of making or the related crimes, including by conducting investigation and search operations, investigative and other legal proceedings;
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