of April 10, 2017 No. 112
About change of the Presidential decree of the Republic of Belarus
1. Bring in the Presidential decree of the Republic of Belarus of November 17, 1994 No. 209 "About approval of the Regulations on procedure for consideration of the questions connected with nationality of the Republic of Belarus and education in case of the President of the Republic of Belarus of the Commission on questions of nationality" the following changes:
1.1. To be reworded as follows the regulations on procedure for consideration of the questions connected with nationality of the Republic of Belarus, approved by this Decree it (is applied);
1.2. to be reworded as follows the structure of the Commission on questions of nationality in case of the President of the Republic of Belarus approved by this Decree it (is applied).
2. This Decree becomes effective since July 1, 2017.
President of the Republic of Belarus
A. Lukashenko
Approved by the Presidential decree of the Republic of Belarus of November 17, 1994 No. 209
(in edition of the Presidential decree of the Republic of Belarus of April 10, 2017 No. 112)
1. This Provision determines procedure for acceptance, registration and consideration of the applications concerning nationality of the Republic of Belarus (further if other is not determined, - the statement), acceptances, execution and cancellations of decisions by these questions, and also forms of statements and the list of the necessary documents and (or) materials which are the basis for acquisition and the termination of nationality of the Republic of Belarus.
2. The questions connected with nationality of the Republic of Belarus are considered according to the Constitution of the Republic of Belarus, the Law of the Republic of Belarus of August 1, 2002 "About nationality of the Republic of Belarus" (further - the Law), this Provision, other acts of the legislation, and also international treaties of the Republic of Belarus.
3. The president of the Republic of Belarus makes decisions:
about acceptance in nationality of the Republic of Belarus and getting out of nationality of the Republic of Belarus in the form of decrees;
about variation of applications for admission in nationality of the Republic of Belarus and getting out of nationality of the Republic of Belarus in the form of orders.
4. Head department, the Departments of Internal Affairs Minsk city, regional executive committees, managements, Departments of Internal Affairs of city, district executive committees (local administrations) (further if other is not determined, - law-enforcement bodies) accept from persons who are constantly living in the Republic of Belarus, statements check the facts and documents submitted to reasons for such statements resolve issues of acquisition of nationality of the Republic of Belarus according to the procedure of registration by persons who are constantly living in the territory of the Republic of Belarus, acquisition of nationality of the Republic of Belarus by children in case of adoption (adoption), changes of nationality on the bases provided by international treaties of the Republic of Belarus register loss of nationality of the Republic of Belarus by persons who are constantly living in the territory of the Republic of Belarus, determine accessory of persons which are in the territory of the Republic of Belarus to nationality of the Republic of Belarus, cancel decisions on acquisition or the termination
nationality of the Republic of Belarus on the bases and according to the procedure, certain Law and this Provision, exercise control of the termination of nationality (citizenship) of foreign state (further - nationality of foreign state) at persons accepted in nationality of the Republic of Belarus resolve other issues connected with nationality of the Republic of Belarus according to the legislation.
5. Diplomatic representations and consular establishments of the Republic of Belarus (further if other is not determined, - bodies of diplomatic service) accept from persons who are constantly living outside the Republic of Belarus, the statement check the facts and documents submitted to reasons for such statements resolve issues of acquisition of nationality of the Republic of Belarus by children in case of adoption (adoption), changes of nationality on the bases provided by international treaties of the Republic of Belarus register loss of nationality of the Republic of Belarus by persons who are constantly living outside the Republic of Belarus, determine belonging of persons which are outside the Republic of Belarus to nationality of the Republic of Belarus, cancel decisions on acquisition or the termination of nationality of the Republic of Belarus on the bases and according to the procedure, certain Law and this Provision, exercise control of the termination of nationality of foreign state at persons, accepted in nationality of the Republic of Belarus, resolve other issues connected with nationality of the Republic of Belarus according to the legislation.
6. Unreasonable refusal in reception of applications, violation of terms of their consideration, and also other wrongful acts (failure to act) of officials concerning nationality of the Republic of Belarus can be appealed in court.
7. Reception of applications is performed at the place of residence of applicants:
living in the Republic of Belarus, law-enforcement bodies;
living outside the Republic of Belarus, bodies of diplomatic service.
If in the state of permanent residence of person wishing to file petition there is no body of diplomatic service, the statement is taken cognizance in body of diplomatic service in other next foreign state.
8. The application is submitted by person which reached 18-year age, personally in writing with indication of date of its writing. Statements concerning nationality of the child or person which reached 18-year age over which guardianship is established (further - the ward) move their legal representatives.
In case of impossibility of the personal address of the applicant in connection with the circumstances having exclusive nature and documented, its statement and documents attached to it and (or) materials can be transferred for consideration through other person or are directed by mail. In these cases authenticity of the signature of the applicant and fidelity of copies of the relevant documents and (or) materials which representation is provided by this Provision, is witnessed by the notary or person authorized on making of notarial actions.
9. In case of personal filing of application about acquisition or the termination of nationality of the Republic of Belarus in law-enforcement body or body of diplomatic service by the applicant the document proving his identity and also the documents confirming availability or lack of nationality, the place of its accommodation, except for the documents issued in connection with office or professional activity of the applicant (the service (official) passport, the diplomatic passport, the national identity certificate of the seaman) shall be shown.
For implementation of check of the bases provided in parts four and heel of Item 14 of this provision and also for receipt of the data requested by law-enforcement bodies, the Ministry of Internal Affairs (further - the Ministry of Internal Affairs), bodies of diplomatic service, the Ministry of Foreign Affairs (further - the MFA) according to this Provision, the applicant gives the corresponding consent expressed in writing which is certified by the official who adopted the statement. In the cases specified in part two of Item 8 of this provision, such consent is certified by the notary or person authorized on making of notarial actions.
10. In case of change by the applicant of surname, own name or middle name (if that is available) the document confirming the fact of such change is submitted.
11. The official of law-enforcement body or body of diplomatic service shall find out opinion of the applicant and other parent, adoptive father (adopter) on change of nationality of his child.
If the location of other parent, adoptive father (adopter) is unknown or it is impossible to receive its consent to change of nationality of the child, except the cases specified in part three of this Item, the applicant one of the following documents is submitted:
the copy of the judgment about recognition of other parent, adoptive father (adopter) incapacitated;
the copy of the judgment about deprivation of other parent of the parent rights;
copy of the death certificate of other parent, adoptive father (adopter);
the copy of the judgment about the announcement of other parent, adoptive father (adopter) the dead;
the copy of the judgment about recognition of other parent, adoptive father (adopter) it is unknown absent;
the copy of the judgment about cancellation of adoption (adoption);
the document, confirmatory that other parent is wanted (in case of change of nationality of the child living outside the Republic of Belarus);
the reference of the body registering acts of civil status, archive of the body registering acts of civil status, head departments of justice Minsk city, regional executive committees, containing data from the birth statement if record about parents of the child is made according to article 55 of the Code of the Republic of Belarus about scrap and family, or its copy.
In case of change of nationality of the child living in the territory of the Republic of Belarus, other parent, the adoptive father (adopter) of which is not registered in the territory of the Republic of Belarus or is wanted, are performed by the official of law-enforcement body these facts and their results in the form of the reference join materials.
For confirmation of the fact that the location of other parent, the adoptive father (adopter) is unknown, or confirmations of impossibility of receipt of its consent to change of nationality of the child can be used the documents similar specified in the parts two of this Item issued by competent authorities of foreign states.
In case of change of nationality of the child aged from 14 up to 18 years its consent expressed in writing and certified notarially is represented.
12. The identity document of the applicant, documents confirming availability or absence at person of nationality and also the documents confirming the birth, the conclusion or annulment of marriage (marriages) return to the applicant. Their copies which compliance to originals is certified by the signature of the official who adopted the statement and seal of law-enforcement body or body of diplomatic service are enclosed to the application.
13. The statement is constituted in one of state languages of the Republic of Belarus.
The documents submitted together with the statement issued by competent authorities of foreign states are accepted in the presence of their legalization or putting down of apostille if other is not stipulated by the legislation, including international treaties of the Republic of Belarus.
The documents constituted in foreign language shall be followed by transfer into one of state languages of the Republic of Belarus. Fidelity of transfer and authenticity of the signature of the translator shall be certified by the notary or person authorized on making of notarial actions.
14. The statement is deemed accepted from the date of submission of all documents and (or) materials provided by this Provision.
If the applicant together with the statement does not submit all documents and (or) materials provided by this Provision or the conditions, necessary for the address with the statement, provided by the Law and this Provision are not complied, the official of law-enforcement body or body of diplomatic service makes in day of the address the decision on refusal in adoption of such statement in oral form, except the cases specified in part two of Item 8 of this provision and also when the applicant requires to draw up such decision in writing.
In the cases specified in part two of Item 8 of this provision and also when the applicant requires to draw up the decision on refusal in adoption of the statement in writing, the official of law-enforcement body or body of diplomatic service within three working days from the moment of receipt directs applications to the applicant the written answer with all the submitted documents and (or) materials in which causes of failure in adoption of the statement are specified.
The application for acquisition of nationality of the Republic of Belarus is not considered if the applicant:
it is condemned for crime execution against the world and safety of mankind, war crime, crime against the state;
has criminal record for crime execution in the territory of the Republic of Belarus or beyond its limits, recognized by that legislation of the Republic of Belarus;
is exposed to criminal prosecution in the Republic of Belarus or foreign state for the crimes recognized by those the legislation of the Republic of Belarus before decision making (the resolution of sentence) on criminal case;
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