New in the Law "On Operational-Investigative Activities"
Since January 25, 2016, the new Law of the Republic of Belarus "On Operational-Investigative Activities", adopted by the country's parliament on July 15, 2015, has entered into force.
According to this Law, only eight state law enforcement agencies are authorized to engage in operational-investigative activities (OIA) in our country, including internal affairs bodies, state security bodies, financial investigation bodies, border service bodies, and customs bodies. The list of these bodies is exhaustive, therefore no other organizations, including private agencies and other structures, can engage in such activities.
The new Law defines the rights and obligations of bodies carrying out operational-investigative activities, guarantees of citizens' rights and freedoms during its implementation, as well as the legal status of citizens assisting these law enforcement agencies.
The list of operational-investigative measures that OIA entities are authorized to conduct, the conditions and procedures for their implementation have been changed, although this primarily concerns the bodies themselves engaged in OIA and the prosecutor's offices, which are authorized by the Law to supervise compliance with legality during its implementation. Both of these norms of the Law are known and are already successfully applied, therefore we would like to inform about those norms of the Law that concern citizens and other legal entities who, to one degree or another, may be involved in the conduct of OIA.
Part 2 of Article 11 of the new Law "On Operational-Search Activities" for the first time defines the obligations of other organizations in connection with the conduct of operational-search activities, which was not the case in the previously applicable legislation. Thus, organizations are obliged to provide, free of charge, data from databases they possess to bodies conducting operational-search activities, to make changes to them at the request of subjects of operational-search activities, to prepare necessary documents at their written request, and to assist in the creation and functioning of legendary organizations. At the same time, the use of covert information gathering (recording) tools by third-party organizations is prohibited by the Law.
The new Law, unlike the previous one, defines measures to ensure the security of citizens who provide or have provided confidential assistance to bodies conducting operational-search activities. In particular, it provides for the use of personal protection, protection of housing and property, temporary placement in a safe place, relocation to another place of residence, change of personal data, and other security measures. At the same time, each of these measures is detailed in separate articles of the Law.
The rule on including the period of confidential cooperation of a citizen with an operational-search body on a contractual basis in the work record has been preserved in the new Law.
As a measure of social protection, a specific amount of one-time benefit has been determined for the family of a citizen who provided confidential assistance to an operational-search body on a contractual basis and died while fulfilling this contract, which is 10 years of monetary maintenance. In case of bodily harm to such a citizen, which precludes further confidential cooperation with the operational-search body, the benefit amount is determined up to 5 years of monetary maintenance. Funds for these payments are provided for in the republican budget.
In general, the new Law "On Operational-Search Activities" has regulated its implementation in more detail and specifically, and will contribute to increasing the effectiveness of law enforcement agencies in detecting and suppressing crimes, protecting the constitutional system of the Republic of Belarus, and the rights and freedoms of its citizens.
Senior Assistant Prosecutor of the Region
for Supervision of Legislation Enforcement
on State Security V.N. Belous