On Combating Organized Crime. Law of the Republic of Belarus. No Z of 27 June, 2007 CHAPTER I GENERAL PROVISIONS

Transcription

1 On Combating Organized Crime Law of the Republic of Belarus No Z of 27 June, 2007 The present Law establishes legal basis of state policy of counteraction to organized crime on matters of protection of the rights and legal interests of person, society and state. CHAPTER I GENERAL PROVISIONS Article 1. Basic Terms and Their Definitions Used in This Law The next basic terms and their definitions are used in the present Law: organized crime an injurious to the public social phenomenon expressed in creation of organized criminal groups, including bands, criminal organizations, exercising criminal activity, characterized with the features, determined in the Criminal Code of the Republic of Belarus; organization, assisting to the organized group, criminal organization, an organization, in attitude to which in accordance with the legislation of the Republic of Belarus (hereinafter the legislation) have been received authentic information on deliberate provision of settlement accounts by this organization, manufacturing or other area, vehicles and other technical means to the member (members) of organized group, criminal organization in matters of preparation or exercising of criminal activity, as well as an organization, assisting suppression of vestiges of criminal activity of organized group, criminal organization; organization, created using the funds of organized group, criminal organization organization, in respect of which in accordance with the legislation the reliable information that its statutory fund was knowingly formed (increased) with attracting funds received in the result of criminal activity of organized group, criminal organization have been received Article 2. Legal Basis of Activity on Combating Organized Crime The legal basis of activity on combating organized crime are formed with the Constitution of the Republic of Belarus, present Law, edicts and decrees of the President of the Republic of Belarus, United Nations Convention against Transnational Organized Crime of November 15, 2000 and its protocols, ratified by the Republic of Belarus, other international treaties, valid for the

2 Republic of Belarus (hereinafter the treaties) and other acts of legislation of the Republic of Belarus. If treaty establishes other rules than those provided by the present Law the rules of the treaty should be used. Article 3. Purposes of Combating Organized Crime The main purposes of combating organized crime are: the protection of person, society and state from organized crime; the prevention, revelation and suppression of criminal activity of organized groups and criminal organizations (their members); the revelation and elimination of reasons and conditions, assisting rising and development of organized crime; the barring of penetration of organized crime into the system of state bodies. Article 4. Principles of Combating Organized Crime The combating organized crime basis on the next principles: legality; respect and following the right and freedoms of a person; consistency and succession; inevitability of responsibility; combination of public and private methods of activity. Article 5. The Main Courses of Combating Organized Crime To the main courses of combating organized crime refer: the prevention, revelation and suppression of criminal activity of organized groups and criminal organizations (their members), exercising: terrorist activity; illegal encroachment on human s health and life;

3 activity connected with human trafficking as well as sexual exploitation or involving in prostituting; illegal migration; theft or illegal turnover of nuclear materials or radioactive substances; illegal turnover of drugs, psychotropic substances and its precursors, weapons and its ammunition, blasting equipment and explosive substances; legalization of profits, received illegally; illegal encroachment on vehicles; contraband; manufacturing, keeping or realization of artificial money or artificial securities, manufacturing or realization of other artificial means of payment, as well as other criminal activity; development of international cooperation, directed on prevention, revelation and suppression of crimes having transnational character. Article 6. System of Measures for Combating Organized Crime The combating organized crime is exercised via: provision of appropriate legal regulation of activity on combating organized crime; system analysis of processes, occurring in criminal sphere; planning, organization and coordination of activity of state bodies and other organizations on combating organized crime; prevention and suppression of financing of organized crime; improvement of organization and tactics of activity of state bodies, exercising combating organized crime; improvement of system of information, financial, material-technical and other provision of activity on combating organized crime; provision of control and supervision over activity on combating organized crime. CHAPTER 2

4 ORGANIZATION OF ACTIVITY ON COMBATING ORGANIZED CRIME Article 7. General Managing the Activity on Combating Organized Crime General managing the activity on combating organized crime is exercised by the President of the Republic of Belarus as well as the Council of Ministers of the Republic of Belarus within the powers delegated by the President of the Republic of Belarus. Article 8. State Bodies Exercising Combating Organized Crime Combating organized crime is carried out by the bodies of internal affairs, bodies of state security and bodies of prosecutor's offices (hereinafter the bodies of internal affairs, state security and prosecutor's offices). The state respective body on combating organized crime is the Ministry of internal affairs of the Republic of Belarus. To provide organization of combating organized crime the Ministry of internal affairs of the Republic of Belarus shall: accumulate information on crime activity of organized groups and criminal organizations as well as exercised abroad the Republic of Belarus; analyze efficacy of taken measures for counteraction organized crime and submits in the established order proposals on its perfection; exercise science-methodical provision of activity of special subdivisions for combating organized crime. Article 9. Special Subdivisions for Combating Organized Crime The special subdivisions for combating organized crime shall be founded within the bodies of internal affairs, state security and prosecutor s office in the order established by the President of the Republic of Belarus. The special subdivisions for combating organized crime while exercising entrusted mission shall have the right: to engage the staff of law-enforcement, control and other state bodies for participation in special arrangements by agreement with the head of the appropriate body; to fully or partially suspend for the term of 10 days with prosecutor s or his deputy s sanction financial operations of legal and natural persons as well as to restrict the right of property

5 arrangement, if there are sufficient groundings to suppose that funds or (and) other property have been received in the result of criminal activity of organized groups, criminal organizations; to start before the initiation of criminal proceeding with the prosecutor s or his deputy s sanction the examination of finance-economic activity, property status of organization, assisting organized group, criminal organization or founded at the expenses of organized group, criminal organization, as well as property status of natural person in attitude to whom in accordance with the legislation have been received authentic information on his belonging to organized crime; to freely get to the check points of the State border of the Republic of Belarus and to the places of boundary control having official certificate and pass, given by the State Border Troops Committee of the Republic of Belarus or by the commanding officer of formations or units of border troops of the Republic of Belarus; to submit, in the order established by the legislation, proposals on entry ban into the Republic of Belarus of natural persons participating in international organized crime, as well as on organization of entry-exit control of natural persons participating in organized crime; to involve, in the order established by the legislation, experts and specialists to carry out examinations and researches; to receive from state bodies and other organizations necessary information and documents in the order established by the legislation free of charge; to submit, in the order established by the legislation, to the state bodies and other state organizations, empowered to execute licensing of separate kinds of activity, statements on annulment of special permissions (licenses) on exercising of appropriate kinds of activity; to apply to corresponding prosecutor with proposals on bringing an action on considering dealings invalid in the order established by the legislation. Other rights as well as obligations of special subdivisions for combating organized crime are defined by the present Law and other legislative acts of the Republic of Belarus. Article 10. State Bodies and Other Organizations, Participating in Combating Organized Crime The Committee of state control of the Republic of Belarus and its bodies, State customs committee of the Republic of Belarus and customs of the Republic of Belarus, State border troops committee of the Republic of Belarus and border troops of the Republic of Belarus, Ministry for taxes and duties of the Republic of Belarus and its inspections, Ministry of finance of the Republic of Belarus and its territorial bodies, National bank of the Republic of Belarus and other banks, non-bank credit-financial organizations, as well as other state bodies and other organizations are taking part in combating organized crime within their competence according to the legislation.

6 Article 11. Coordination of Activity on Combating Organized Crime Coordination of activity of state bodies exercising combating organized crime, state bodies and other organizations participating in combating organized crime is carried out by the Interdepartmental commission for combating crime, corruption and narcotism at the Security Council of the Republic of Belarus as well as bodies of prosecutor s office within frames coordinating conferences for combating crime and corruption, acting in the order determined by the President of the Republic of Belarus. Article 12. Assistance to the State Bodies Exercising Combating Organized Crime, State Bodies and Other Organizations Participating in Combating Organized Crime State bodies, other organizations and their officials within their competence must assist state bodies exercising combating organized crime, state bodies and other organizations participating in combating organized crime by submitting them necessary information and documents. The officials of state bodies and other organizations must without delay, and if not possible within three days, fulfill the demands of state bodies exercising combating organized crime on submission of necessary information and documents. The submission of information and documents containing state, bank or other law-protected secrets shall be exercised in the order provided by the legislation. Natural persons are entitled on a voluntary basis to assist state bodies, exercising combating organized crime, state bodies and other organizations participating in combating organized crime. Article 13. Cooperation of State Bodies Exercising Combating Organized Crime with Other State Bodies and Other Organizations The procedure and conditions of cooperation of state bodies, exercising combating organized crime with other state bodies and other organizations shall be determined by them jointly. State bodies exercising combating organized crime shall exchange necessary information with the bodies of foreign countries, exercising activity for combating organized crime, on the basis of international treaties of the Republic of Belarus. Article 14. Information Provision of Activity for Combating Organized Crime On matters of collection, storing, summarizing and analyze of information on persons, participating in organized crime, events and facts having attitude to organized crime, state bodies exercising combating organized crime shall create and keep operative stock. In the Ministry of internal affairs of the Republic of Belarus are kept databanks on state of combating organized crime that are formed on the basis of information submitted by the state bodies exercising combating organized crime. Submission of information from the named

7 databanks shall be exercised in the order established by the Ministry of internal affairs of the Republic of Belarus by the agreement with the General Prosecutor s Office of the Republic of Belarus and State Security Committee of the Republic of Belarus. Article 15. Responsibility of Organization Assisting Organized Group, Criminal Organization or Founded at the Expenses of Organized Group, Criminal Organization Organization assisting organized group, criminal organization or founded at the expenses of organized group, criminal organization shall be liquidated on the basis of the Decision of Supreme Court of the Republic of Belarus. The application on liquidation of organization, assisting organized group, criminal organization or founded at the expenses of organized group, criminal organization shall be submitted to the Supreme Court of the Republic of Belarus by the Prosecutor-general of the Republic of Belarus or by his deputy. Should the Supreme Court of the Republic of Belarus take decision on liquidation of organization assisting organized group, criminal organization or founded at the expenses of organized group, criminal organization the property of belonging to the liquidated organization left after satisfaction of creditors demands (if not participated in organized crime) shall be revenue of the state. Article 16. Following the Rights and Legal Interests of Organizations and Natural Persons Should the state bodies exercising combating organized crime, state bodies and other organizations, participating in combating organized crime violate rights and legal interests of organizations and natural persons, these organizations and natural persons have the right to appeal the activity (inactivity) of the named bodies and organizations to the upstanding bodies (organizations), prosecutor or court. The information on organizations and natural persons that is not connected with their criminal activity, received by the state bodies exercising combating organized crime, state bodies and other organizations, participating in combating organized crime is not to be disclosed and the documents and materials consisting it shall be destroyed within three month from the day of their receiving if other is not provided by the legislative acts. Harm made by illegal actions of state bodies exercising combating organized crime, state bodies and other organizations, participating in combating organized crime (their officials) is to be compensated in the order established by the legislation. CHAPTER 3 CONTROL AND SUPERVISION OVER THE ACTIVITY ON COMBATING ORGANIZED CRIME

8 Article 17. Control Over the Activity on Combating Organized Crime The control over the activity of bodies of internal affairs, state security and prosecutor s office on combating organized crime is correspondingly exercised by the Minister of Internal Affairs of the Republic of Belarus, the Chairman of State Security Committee of the Republic of Belarus and Prosecutor General of the Republic of Belarus. Article 18. Supervision over Execution of Legislation in the Sphere of Combating Organized Crime Supervision over uniform and precise execution of legislation in the sphere of combating organized crime is exercised by Prosecutor General of the Republic of Belarus and subordinated to him prosecutors within their competence.