Law of the Republic of Belarus

No. 3266-XII of October 5, 1994

[Amended as of June 4, 2015]

On Political Parties

This Law is aimed at realization of the constitutional right of citizens to freedom of association in political parties and also at establishment of organizational and legal bases for creation, activity, reorganization and/or liquidation of political parties, unions (associations) of political parties.

CHAPTER 1
GENERAL PROVISIONS

Article 1. Notion of political party, union (association) of political parties

Political party is a voluntary public association, pursuing political aims, assisting to reveal and express citizens` political will and participating in elections.

Union (association) of political parties (hereinafter - union) is a voluntary association of political parties being created for coordination of their statutory activity, representation and protection of their common legitimate interests.

Political parties, unions are non-commercial organizations.

Article 2. Right freedom of association in political parties

Citizens of the Republic of Belarus have the right to freedom of association in political parties.

Article 3. Prohibition of the restriction of rights and freedoms of citizens due to their belonging or non-belonging to a political party

Belonging or non-belonging of the citizen to a political party may not be a ground for restriction of his rights and freedoms or for prevention from execution by him of obligations set up in the law, except for the cases provided in part four and five of the Article 13 of this Law.

Belonging or non-belonging of the citizen to a political party may not be a ground for providing or non-providing of benefits and advantages by the state.

Requirement about indication of belonging or non-belonging to one or another political party in the official documents is not allowed, with the exception of cases provided by legislative acts.

Ideology of political parties may not be mandatory for citizens.

Article 4. Main principles of activity of political parties

Political parties, unions operate on the basis of principles of freedom of association, democracy, legality, transparency, self-government and equality of all political parties, unions.

Article 5. Legal basis of activity of political parties, unions

The legal basis of political parties`, unions` activity consists of the Constitution of the Republic of Belarus, this Law and other acts of legislation.

Political parties carry out activity according to their statutes and programs.

Unions carry out activity according to their statutes.

Article 6. State and Political Parties

The state shall guarantee protection of rights and legitimate interests of political parties, unions.

Interference of state bodies and officials into activity of political parties, unions, as well as interference of political parties, unions into activity of state bodies and officials is not allowed, except for the cases provided for by the legislation.

Article 7. Restrictions for establishment and activity of political parties

Political parties of other states and their separate divisions may not be established and operate in the territory of the Republic of Belarus.

Creation and operation of political parties, unions aimed at carrying out propagation of war or extremist activities are prohibited.

Activity of non-registered political parties, unions in the territory of the Republic of Belarus is prohibited.

Article 8. Methods of activity of political parties

Political parties achieves their aims and tasks by means of:

development and propaganda of political programs, addresses and declarations;

holding congresses, conferences and other assemblies;

participation in elections;

activation of the citizens` participation in governing state and public affairs, also in forming representative bodies;

influencing the public opinion by other methods within the framework of the legislation.

CHAPTER 2
ESTABLISHMENT ACTIVITY OF POLITICAL PARTIES, UNIONS

Article 9. Founders of political parties, unions

Citizens of the Republic of Belarus who reached the age of eighteen years and having voting right have the right to act as founders of a political party.

Political parties which have taken the decision to create a union have the right to act as founders of the union.

Article 10. Conditions of establishment and activity of political party, union

Political party may be created at a constituent congress of the political party or through transformation of a public association into a political party.

For creation and activity of political parties, at least 1000 founders (members) are necessary from the majority of regions of the Republic of Belarus and the city of Minsk.

For creation and activity of union, at least two political parties are necessary acting as its founders (members).

Political party is formed only by a territorial principle and must have Minsk city organizational structures and regional organizational structures in the majority of regions of the Republic of Belarus created in the way established by the legislation and the statute of the political party, within six months term from the day of the state registration of political party.

Founders of political party convoke a constituent congress on which adopt a decision on creation of the political party, approve its name and the statute, adopt the program and elect bodies of the political party.

Founders of the union convoke a constituent congress or conference, or another constituent assembly on which adopt a decision on creation of the creation of union, approve its name and the statute, elect bodies of the union.

In the event of transformation of a public association into a political party, the supreme body of the public association shall adopt a decision on transformation of the public association into a political party, transformation of organizational structures of that public association into organizational structures of a political party or on liquidation thereof, on the order of disposal of monetary means and other property of the public association in relation to the transformation thereof into a political party. After adoption of mentioned decisions, the supreme body of the public association acquires the status of the supreme body of the political party and carries out its activity in accordance with this Law.

By the moment of adoption of a decision on transformation into a political party, the public association may not be founder of commercial organizations, with the exception of those on which functions of the editorial board of mass media are imposed.

Upon creation of a political party by means of transformation of a public association, a political party is deemed to be created from the day of entering a respective record in the Unified Register of Legal Persons and Individual Entrepreneurs.

Article 11. Constituent documents of political party, union

The constituent document of a political party is the political party's statute, the constituent document of a union is the union's statute.

The statute of political party, union must be open for public acquaintance and contain:

full and abbreviated name of party, union;

objectives, tasks, subject matter and methods of activity of political party, union;

conditions and procedure for obtaining and losing political party or union membership, rights and duties of members and order of their recording;

order of managing activity of political party, union; name, composition, order of election, order and time schedule of convocation, terms of office of bodies of political party, union, bodies of organizational structures of political party and their competence; order for adoption and appealing of decisions of bodies of political party, union, bodies of organizational structures of political party;

sources and order of formation of monetary means and other property of political party, union, rights of its bodies to dispose of the property, limits of disposal of the property of political party by its organizational structures;

procedure of introduced of changes and(or) additions into the statute of political party, union, and also into the program of political party;

procedure of reorganization and liquidation of political party, union and procedure of disposal of property remaining after liquidation of political party, union;

legal address of political party, union (location place of the governing body);

structure of political party, conditions and procedure for creation and termination of activity of its organizational structures (only for political party’s statute).

The statute of political party, union may contain other provisions concerning creation and activity of political party and not contradicting the legislation.

It is allowed to indicate to superiority of any race, ethnicity, religion or social group in the statute of political party, union and also in the program of political party.

Article 12. Bodies of political party, union. Organizational structures political party and their bodies

The congress is the supreme body of a political party.

The supreme body of a union is the congress, conference or another assembly of representatives of political parties being its founders and other members of the union.

The supreme authority of political party, union shall:

approve the name and the statute of political party, union;

elect the governing body of political party, union which carries out government of the activity of political party, union between the sessions (convocations) of the supreme body of political party, union;

elect control-and-audit body of political party, union, which carries out internal examination of financial and economic activity of political party, union and also internal control over correspondence of the party activity to the legislation and their statutes;

introduce changes and (or) additions into the statute of political party, union, unless otherwise provided by this Article;

take decisions on reorganization or liquidation of the political party, union, unless otherwise provided by this Law;

take other decisions binding for all bodies and members of political party, union.

The supreme body of political party, union shall also adopt the political party’s program, introduce changes and (or) additions therein.

The governing body of political party shall consist of not less than three members of political party.

The governing body of union shall consist of not less than three members of political parties belonging to the union.

The governing body of political party has the right, between the sessions (convocation) of the supreme body of political party, to introduce changes and (or) additions into the statute of political party connected with change of the political party’s legal address (location place of the governing body) or changes and (or) addictions related to changes in the legislation.

Political party may, and in the instance provided by part three of Article 10 of this Law party is obliged to, create its organizational structures, which are understood its structural subdivisions being created in accordance with the statute of that political party on a territorial principle and which operated on the basis of the statute of the political party structural subdivisions of which they are.

Organizational structures of political party may be provided with the rights of legal person in accordance with the statute of political party the structural subdivisions of which they are.

The supreme body of an organizational structure of political party in the accordance with the statute of political party shall be conference, general meeting or another assembly.

The supreme body of the organizational structure shall:

elect, in the order specified by the statute of the political party, governing body of the organizational structure that manages the activity of the organizational structure, between sessions (convocations) of its supreme body;

elect control-and-audit body of the organizational structure;

take decisions binding for all bodies of the organizational structure and members of political party belonging thereto.

Governing and control and audit bodies of political party, its organizational structures shall be elected bodies. Only members of political party may be elected to the elected bodies of that political party, its organizational structures . Only members of political parties belonging to union may be elected to the elected bodies of that union. It is not allowed that a member of political party simultaneously has positions in the governing and control-and-audit bodies of political party, its organizational structures, union.

Political party, its organizational structures, union are entitled to form other bodies necessary for carrying out statutory activity. The formation procedure of such bodies, their competence and the procedure of decision-making are to be specified by the statute of political party, union.

Article 13. Membership in political parties, unions

Political parties have a fixed membership.

Members of political parties may be only citizens of the Republic of Belarus having active legal capacity and who reached eighteen-year age.

Membership in political party may not be restricted according to professional, social, racial, ethnic, linguistic or religious belonging, and also dependent on the gender and material situation, with the exception of the instances provided by parts five and six of this Article.

Members of a union are political parties belonging to that union.

Founders of political party, union become members of the political party, union after the state registration of the political party, union and obtain respective rights and duties.

The President of Republic of Belarus, members of the Central Commission of the Republic of Belarus on Elections and Republican Referendums must suspend their membership in political parties for the term of their offices.

Judges, public prosecutor's office employees, officers of bodies of internal affairs, Committee of State Control of the Republic of Belarus, security bodies, servicemen may not be members of political parties.

Member of political party has the right to exit freely from political party.

Citizen of the Republic of Belarus may be a member of only one political party. Member of political party may be put on record only in one organizational structure of that political party, as a rule at the place of his residence.

Member of political party shall be given, in the order determined by the statute of political party, a document confirming his membership in that political party.

Article 14. Name and symbols of political party, union

Name of political party must include the words 'political party' or 'party'. Name of organizational structure of political party must contain indication to the name of the political party the structural subdivision of which it is.

The name of a union should contain indication to the main subject matter of its activity and the activity of its members and include the words 'union' or 'coalition'.

It is not allowed to make use in the name of political party, its organizational structures, union of:

words 'Republic of Belarus', 'Belarus', 'national', 'people's', unless otherwise determined by President of the Republic of Belarus;

official names (both full and abbreviated) of foreign states or former states;

name of a citizen - when there is no declaration of that citizen (in case of his death - declaration of his heirs) about giving the consent to use the name of that citizen in the name of political party, union;

indication to the superiority of any race, nationality, religion, or social group.

Political party , union may have their own flag, hymn, emblem, badge, pennon, tie, lapel and recognition badges (hereinafter - symbols, unless otherwise provided by this Law) that are to be approved in the order established by the legislation and their statutes.

The use of state symbols of the Republic of Belarus and (or) symbols of a foreign state or a states that existed earlier as symbols of the political party, union is not allowed.

The name of political party, union, including the abbreviated one, and their symbols must differ from the names and symbols of other political parties, unions, other public associations, unions (coalitions) thereof, registered in the Republic of Belarus or liquidated by the court decision and may not contradict this Law, other acts of legislation, the statute of the public association, union, and also infringe on intellectual property rights.

Name and symbols of a political party, union should not serve the objective of carrying out propagation of war or extremist activities.

CHAPTER 3
STATE REGISTRATION OF POLITICAL PARTIES, UNIONS, ITS SYMBOLS, CHANGES AND (OR) ADDITIONS INTRODUCED INTO STATUTES OF POLITICAL PARTIES, UNIONS. REORGANIZATION AND LIQUIDATION OF POLITICAL PARTIES, UNIONS

Article 15. Procedure of state registration of political parties, unions, its symbols, changes and (or) additions introduced into statute of political party, union

State registration of political party, union, their hymns, badges, pendants, ties, changes and (or) additions introduced into the statute of political party, union is carried out by the Ministry of Justice of the Republic of Belarus (hereinafter - the Ministry of Justice).

Hymn, badge, pennon, tie are subject to state registration simultaneously with the state registration of political party, union or apart from it in the order established for state registration of political party, union.

State registration of flags, emblems, lapel and recognition badges of political party, union is carried out in accordance with the legislation on state registration of official heraldic symbols.

For state registration of political party, union, there must, within one month from the date of constituent congress, conference or another constituent assembly, must be presented to the Ministry of Justice:

application for state registration of political party, union, signed by the head of political party, union or by another person authorized therefor in accordance with the statute of political party, union;

statute of political party, union in duplicate, without notarial certification, its electronic copy;

protocol of constituent congress, conference or another constituent assembly;

payment document confirming the payment of the state duty (except the cases of the exemption from its payment, provided for by legislative acts);

for political party - program, list of founders of political party which indicates surname, own name, patronymic, date of birth, citizenship, place of residence and home telephone number, place of work (studies) and office phone number, as well as personal signature of each of its founders;

for union - extracts from protocols of governing bodies` sessions of political parties at which they decided to act as founders of the union;

lists of members of elected bodies of political party, union with indication of surname, own name, patronymic, date of birth, citizenship, place of residence and home phone number, place of work (studies) and office phone number, position in those elected bodies;

declaration of a citizen (in the case of his death - declaration of his heirs) giving the consent to use the name of that citizen in the name of political party, union (when including the name of that citizen into the name of the political party, union only);

document confirming existence of the legal address of political party, union (place of location of governing body);

document confirming the payment for notification about the state registration of political party, union in the annex to the law scientific and practical journal 'Yustitsia Belarusi'.

For a political party created by means of transformation of a public association into a political party, along with documents specified in part four of this Article, there shall be additionally presented:

protocol of a session of the supreme body of public association at which a decision about transformation of that public association into a political party has been adopted;

transfer act of the public association drawn up in accordance with requirements established by Article 55 of the Civil Code of the Republic of Belarus;

originals of the certificate of state registration of the public association being transferred and its statute.

For state registration of hymn, badge, pennon, tie of the political party, union if their existence is provided for by statute of the political party, union the following should be presented to the Ministry of Justice:

application for state registration of hymn, badge, pennon, tie of the political party, union signed by the head of the political party, union or by another person authorized therefor in accordance with the statute of the political party, union;

text and musical redaction (printed music) of hymn of the political party, union;

images of badge, pennon, tie of political party, union by the size of 10x10 in four copies, as well as their detailed description;

decision of authorized bodies of the political party, union on approving hymn, badge, pennon, tie of political party, union;

payment document confirming payment of state duty (except the cases of the exemption from its payment, provided for by legislative acts) - at the state registration of hymn, badge, pennon, tie of political party, union apart from state registration of the state registration of the political party, union.

In case if applications for state registration of a public association, union or state registration of hymn, badge, pennon, tie of the political party, union were submitted by two or more political parties, two or more unions having the same name, and (or) the same hymn, badge, pennon, tie, preference is given to the political party, union that submitted the application for state registration under that name or about the state registration of the hymn, badge, pennon, tie earlier than others, and other political parties, unions shall be proposed to change the name and (or) hymn, badge, pennon, tie.

For the state registration of changes and (or) additions introduced into the statute of political party, union there shall be submitted, within one-month time limit from the day of introduction thereof, to the Ministry of Justice:

application for state registration of changes and/or additions introduced into the statute of political party, union signed by the head of the political party, union or by another person authorized therefor in accordance with the statute of political party, union;

minutes of the session of the body authorized to introduce changes and (or) additions into the statute of the political party, union;

original of the statute of political party, union;

changes and (or) additions in duplicate, formalized as an annex to the statute without notarial certification, the electronic copy of that annex. If changes and (or) additions are introduced as a annex to the statute more than three times, and also if changes and (or) additions being introduced make more than half of the text of the statute, for the state registration submission of the statute in a new wording without notarial certification, its electronic copy, is required. The statute may be submitted in a new wording also on the own initiative of the political party, union;

payment document confirming the payment of the state duty (except the cases of the exemption from its payment, provided for by legislative acts).

For state registration of changes and (or) additions introduced into the statute of the political party, union concerning changes of the full and (or) abbreviated name of the political party, union along with documents indicated in part eight of this Article the following should be presented to the Ministry of Justice:

certificate of state registration of political party, union;

declaration of a citizen (in the case of his death - declaration of his heirs) giving the consent to use the name of that citizen in the name of political party, union (when including the name of that citizen into the name of the political party, union only);

document about the payment for notification about the change of the full and (or) abbreviated name of political party, union in the annex to the law scientific and practical journal 'Yustitsia Belarusi'.

Article 16. Order of consideration of documents submitted for state registration of political party, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of political party, union

Application for state registration of political party, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of political party, union shall be considered by the Ministry of Justice within one month from the day of their receipt.

The Ministry of Justice is entitled to verify the authenticity of the documents presented for state registration of political party, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of political party, union, submitted for state registration.

According to the results of examination the documents submitted for state registration, the Ministry of Justice makes one of the following decisions:

on state registration of political party, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of political party, union;

on refusal of state registration of political party, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of political party, union.

Records on state registration of political party, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of political party, union shall be entered in the State Register of Political Parties, Unions and the Unified Register of Legal Persons and Individual Entrepreneurs by the Ministry of Justice on the day of taking decision on the state registration in the order established by the legislation.

The Ministry of Justice shall, within five working days from the day of entering the record on state registration of political party, union into the Unified State Register of Legal Persons and Individual Entrepreneurs, issue the documents confirming the putting on record with the tax bodies, bodies of state statistics, bodies of the Fund of Social Protection of Population of the Ministry of Labour and Social Protection of the Republic of Belarus, registration in the Belarusian Republican Unitary Insurance Enterprise “Belgosstrakh”, in the order determined by the Council of Ministers of the Republic of Belarus.

The registered political party, union shall be issued certificates of state registration of political party, union, their hymns, badges, pennons, ties and one copy of the statute of the political party, union on which a note about state registration of the political party, union is made. Upon state registration of changes and (or) additions introduced into the statute of political party, union, a note about state registration of changes and (or) additions is to be put on the statute of that political party, union.

Upon state registration of changes and (or) additions introduced into the statute of the political party, union concerning changes of the full and (or) abbreviated name of the political party, union, a new record about the state registration of political party, union shall be entered into the State Register of Political Parties, Unions while the previous one is excluded, and a new certificate of state registration of political party, union is to be issued.

The head of the registered political party, union may be issued a certificate in the order established by the Council of Ministers of the Republic of Belarus.

Article 17. Suspension of state registration, refusal of state registration of political party, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of political party, union

State registration of political party, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of political party, union may be suspended by the Ministry of Justice for a term of up to one month in case of non-compliance of the submitted documents and (or) data with requirements of the legislation, if such violation has eliminable nature.

Upon elimination , within the established term, of violations being the grounds for suspension of state registration of political party, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of political party, union, consideration by the Ministry of Justice of presented documents shall be carried out in the order established by this Law.

The decision on refusal of the state registration of political party, union is to be taken in the event of:

violation of the established order for creation of political party, union;

incompliance of the statute of political party, union with requirements of the legislation;

submission by the political party, union of counterfeit, falsified or invalid documents;

non-compliance of the name of political party, union including abbreviated name, their symbols, as well as conditions for membership in political party, union with the requirements of the legislation and (or) their statutes;

failure to eliminate, within the term established by the Ministry of Justice, violations which have given ground for suspension of state registration of political party, union.

Decision on refusal of state registration of hymns, badges, pennons, ties of political party, union is made in case of:

violation of the established procedure of approval of hymn, badge, pennon, tie;

non-compliance of hymn, badge, pennon, tie with the requirements of the legislation and (or) their statutes;

failure to eliminate, within the term established by the Ministry of Justice, violations which have given ground for suspension of state registration of hymn, badge, pennon, tie;

refusal to fulfil a legitimate proposal of the Ministry of Justice to change hymn, badge, pennon, tie.

Political party, union may be refused the state registration of changes and (or) additions introduced into the statute of political party, union, in the case of violation of their introduction procedure, non-compliance of those changes and (or) additions with requirements of the legislation or failure to eliminate, within the term established by the Ministry of Justice, the violations being the grounds for suspension of state registration of those changes and (or) additions.

The Ministry of Justice shall, within five days from the day of suspension of state registration or making the decision on refusal of state registration of political party, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of political party, union, inform in a written form the governing body of the political party, union about the decision with indication of grounds for the suspension or refusal.

If state registration of political party, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of political party, union is not carried out within the term provided by this Law, or a decision on refusal of state registration is made based on reasons that are considered to be groundless by founders (governing body) of political party, union, they may appeal against the decision by judicial means within a month from the day of its receipt.

Decision of the Ministry of Justice is appealed to the Supreme Court of the Republic of Belarus.

Refusal of state registration of political party, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of political party, union shall not be an obstruction for repeat submission of documents necessary for state registration subject to elimination of violations being the ground for refusal.

Repeat submission of application for state registration of political party, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of political party, union and adoption of the decision concerning that application are carried out in the order established by this Law.

Article 18. State registration, putting on record and termination of activities of organizational structures of political party

Political party’s organizational structures provided with the rights of legal person are subject to state registration. Political party’s organizational structures not provided with the rights of legal person are subject to putting on record.

State registration, putting on record of political party’s organizational structure is carried out by main department of justice of a regional, Minsk city executive committee at the location of the governing body of that organizational structure (hereinafter – appropriate department of justice) in the order, established by this Law and by other acts of legislation.

For state registration, putting on record of political party’s organizational structure the governing body of that political party shall present the following within a month from the date of adoption of the decision on creation of the organizational structure, transformation of a public association's organizational structure not created on a territorial principle into a political party's organizational structure to the appropriate department of justice:

application for state registration, putting on record of political party’s organizational structure, signed by the head of the political party or another person authorized therefor in accordance with the statute of political party;

lists of members of elected bodies of the organizational structure of political party with indication of their positions in those elected bodies;

document confirming availability of legal address of the organizational structure of political party (location of the governing body of that organizational structure);

payment document confirming the payment of the state duty (except the cases of the exemption from its payment, provided for by legislative acts).

In the instance of failure of the political party to present all documents provided by part three of this Article, the appropriate department of justice shall refuse in accepting the application for state registration, putting on record of the political party's organizational structure.

For state registration, putting on record of the political party's organizational structure created by means of transformation of a public association's organizational structure created on a territorial principle, the governing body of that political party shall, within one month from the day of adoption in the established order of such a decision, present to the appropriate department of justice application for state registration, putting on record of the political party's organizational structure, signed by the head of the political party or another person authorized therefor in accordance with the statute of political party. In that instance if the public association's organizational structure has been registered, put on record by a district, city executive and administrative body, then the appropriate department of justice shall request documents therefrom concerning registration, putting on record of that public association's organizational structure.

Appropriate department of justice requests, if necessary, an electronic copy of the statute of political party from the Ministry of Justice. The governing body of political party is entitled to present a copy of the statute on own initiative.

According to results of consideration of documents submitted for state registration, putting on record of political party's organizational structure appropriate department of justice shall take one of the following decisions within one-month term from the day of filing the respective application by the governing body of the political party:

on state registration, putting on record of political party's organizational structure;

on refusal of state registration, putting on record of political party's organizational structure.

Within ten working days after state registration of the political party's organizational structure that has been given rights of legal person, the appropriate department of justice shall report it to tax bodies, bodies of state statistics, bodies of the Fund of Social Protection of Population of the Ministry of Labour and Social Protection of the Republic of Belarus.

The political party's organizational structure registered or put on record is issued the certificate on state registration, putting on record.

State registration, putting on record of political party's organizational structure may be suspended by the appropriate department of justice for a term of up a month in case of non-compliance of submitted documents with requirements of the legislation, if such violation has an eliminable nature.

Decision on refusal of state registration, putting on record of political party's organizational structure shall be taken in case of:

violation of the established procedure of creation of the organizational structure;

non-compliance of submitted documents with the requirements of the legislation, if such violation has an irremovable nature;

non-compliance of the name of the organizational structure with the requirements of the legislation and (or) statute of political party;

failure to eliminate, within a term established by the appropriate department of justice, violations being the ground for suspension of state registration, putting on record of political party's organizational structure.

The appropriate department of justice shall, within five days from the day of suspension of state registration, putting on record of political party's organizational structure or adopting a decision on refusal of state registration, putting on record of political party's organizational structure, inform in a written form the governing body of the political party about the decision with indication of grounds for suspension or refusal.

If state registration, putting on record of political party's organizational structure is not performed within the term provided by this Law or if the decision on refusal of state registration, putting on record of political party's organizational structure has been taken based on the reasons that are considered to be groundless by the governing body of the political party, it may appeal against the decision by judicial means within a month from the day of its receipt.

Decision of the appropriate department of justice is appealed, respectively, to the regional, Minsk city court.

Refusal of state registration, putting on record of political party's organizational structure is not an obstruction for a repeat submission of documents necessary for state registration of that political party's organizational structure, subject to elimination of violations being the reason for refusal.

A repeat submission of application for state registration of political party's organizational structure and adoption of a decision concerning that application are carried out in the order established by this Law.

Records of organizational structures of public associations are maintained by an appropriate department of justice in the order established by the Council of Ministers of the Republic of Belarus.

Activities in the territory of the Republic of Belarus of unregistered organizational structures of political parties or organizational structures which have not been put on record are prohibited.

Termination of activities of organizational structures of political parties is carried out:

in case of liquidation (reorganization) of the political party;

according to a decision of the body of political party authorized therefor by its statute, on liquidation of the political party's organizational structure.

The order of termination of activities of organizational structures of political parties is determined by the Council of Ministers of the Republic of Belarus.

Article 19. [Excluded]

Article 20. Order of reorganization and liquidation of political party, union

Reorganization of a political party, union is performed on the decision of the supreme body of the political party, union in the order established by legislative acts. State registration of reorganized political parties, unions is carried out in the order established by this Law for state registration of political parties, unions.

Liquidation of political party, union is carried out:

by the decision of the supreme body of political party, union;

by the decision of the Supreme Court of the Republic of Belarus in cases stipulated by Article 32 of this Law.

Performance of operations on accounts of political party, union in relation to which a decision about liquidation has been adopted, performance of other actions by them not related to the liquidation are not allowed.

Monetary means and other property of a liquidated political party, union, after full satisfaction of all claims of creditors, are used for purposes provided by statutes of those political party, union, if their monetary means and other property are not subject to appropriation into the income of the state in accordance with legislative acts.

Decision of the Supreme Court of the Republic of Belarus on liquidation of political party, union shall be sent to the Ministry of Justice.

In case of liquidation of political party, upon a decision of their supreme body, within three working days after the date of adoption of the decision on liquidation of the political party, union, the liquidation commission (liquidator) is obliged to notify about it in a written form the Ministry of Justice with enclosure of a copy of such a decision with indication therein of the data on the order and the time limits of liquidation, appointment of the liquidation commission, its composition or about appointment of the liquidator.

The data about the fact that political party, union is in the process of liquidation, about the order and term of declaration of claims by their creditors shall be placed in the global computer network Internet on the official site of the law scientific and practical journal 'Yustitsia Belarusi' with subsequent publication in the annex to the mentioned journal in the order established by the Council of Ministers of the Republic of Belarus.

On the basis of documents specified in part six of this Article, the Ministry of Justice shall:

within three working days from the day of receipt of those documents, enter the data that the political party, union is in the process of liquidation into the Unified State Register of Legal Persons and Individual Entrepreneurs;

not later than on the working day following the day of receipt of those documents, send a notification about the beginning of the procedure of liquidation of political party, union to tax and customs bodies, to bodies of the Fund of Social Protection of Population of the Ministry of Labour and Social Protection of the Republic of Belarus, to the Belarusian Republican Unitary Insurance Enterprise 'Belgosstrakh' (its separate subdivision), archives of local executive and administrative bodies (another archive in accordance with the legislation on archives). The mentioned bodies (organizations) shall submit to the Ministry of Justice documents provided by indents three and four of part ten of this Article, in the order established by the Council of Ministers of the Republic of Belarus.

After the approval of the liquidation balance sheet, the liquidation commission (liquidator) shall submit to the Ministry of Justice:

application about exclusion of political party, union from the Unified State Register of Legal Persons and Individual Entrepreneurs;

liquidation balance sheet signed by the members of the liquidation commission (liquidator) and approved by the governing body of the political party, union;

originals of the statute of political party, union and the certificate of state registration of political party, union or a statement about the loss thereof with enclosure of the data about publishing announcements about the loss thereof;

seal of the political party, union or a statement that the seal has not been made or the data about publishing an announcement about the loss thereof.

The Ministry of Justice shall enter records in the Unified State Register of Legal Persons and Individual Entrepreneurs and in the State register of public associations, unions about exclusion therefrom of the political party, union in the presence of all of the following conditions:

the liquidation commission (liquidator) has submitted documents necessary for liquidation of political party, union, specified by part nine of this Article;

tax bodies, bodies of the Fund of Social Protection of Population of the Ministry of Labour and Social Protection, customs bodies, the Belarus Republic Unitary Insurance Enterprise 'Belgosstrakh' (its separate division) have not submitted a statement on availability (absence) of the indebtedness of political party, union before the budget, including on payments collected by customs bodies, bodies of the Fund of Social Protection of Population of the Ministry of Labour and Social Protection, on compulsory insurance against accidents at workplace and occupational diseases, information on availability of pending obligations before customs bodies, and and not less than thirty-five working days have passed from the day of sending by the Ministry of Justice of the notification about the commencement of the procedure of liquidation of political party, union or statements have been presented about the absence of the respective indebtedness and the information about the absence of obligations terminated before the customs authorities;

archives of local executive and administrative bodies (another archive in accordance with the legislation on archives) have presented the data about about delivery for storage of the documents of political party association, union, including those concerning personnel.

When political party, union has outstanding indebtedness, obligations before tax and customs bodies, bodies of the Fund of Social Protection of Population of the Ministry of Labour and Social Protection, the Belarus Republic Unitary Insurance Enterprise 'Belgosstrakh' (its separate division), the exclusion of political party, union is performed only after submission of documents confirming the repayment of such indebtedness or termination of obligations before the customs bodies.

In the event of presentation to the Ministry of Justice, within the time limit indicated by indent three of part ten of this Article by bodies (organisations), specified in part eleven of this Article of the information about impossibility to present corresponding statements, data, the political party, union may not be excluded from the Unified State Register of Legal Persons and Individual Entrepreneurs within six months from the day of receipt by those bodies (organization) of the notification about the commencement of the procedure of liquidation of the political party, union. If upon the expiry of that period the documents provided by indent three of part ten of this Article have not been presented, the Ministry of Justice shall take the decision about entering into the Unified State Register of Legal Persons and Individual Entrepreneurs the record about the exclusion therefrom of the political party, union.

The Ministry of Justice shall, within ten-day period from the date of taking the decision about entering into the Unified State Register of Legal Persons and Individual Entrepreneurs the record about the exclusion therefrom of political party , union, notify about that tax bodies, bodies of state statistics, bodies of the Fund of Social Protection of Population of the Ministry of Labour and Social Protection of the Republic of Belarus, the Belarusian Republican Unitary Insurance Enterprise 'Belgosstrakh' (its separate subdivision).

CHAPTER 4
RIGHTS AND CONDITIONS OF THE ACTIVITY OF POLITICAL PARTIES, UNIONS

Article 21. Rights of political parties, unions

Political parties from the day of their state registration have the right to:

distribute freely the information about their activity, promote its ideas, objectives and decisions;

use state mass media in the order established by the legislation;

create their own mass media and carry out publishing activity in the order established by the legislation;

hold meetings, demonstrations and other mass actions in the order established by the legislation;

protect rights and legitimate interests, as well as to represent legitimate interests of their members in state bodies and other organizations;

participate in elections in the order established by the legislation;

maintain contacts with other political parties, unions, other public associations, their unions (coalitions);

create unions.

Unions have the rights provided by this Article for political parties, except for the rights provided by indents seven and nine of part one of this Article.

Political parties, unions may have other rights provided by this Law and other legislative acts.

Article 22. Property of political party, union

Political party, union may have in the ownership any property that is necessary for material support of activities stipulated by their statutes, except for objects that, according to the law, may be only in the ownership of the state.

Political party is the owner of its property, including property of political party’s organizational structures. Organizational structures of political party have the right to dispose of property of political party within the limits defined by the statute of that political party.

Political party's organizational structures provided with the rights of legal person have separate balance sheet and current (settlement) bank account, and also may have other accounts in banks, non-bank credit and financial organizations registered in the territory of the Republic of Belarus.

Sources of monetary means and other property of political party, union may be:

entrance and membership fees;

earnings from events held for statutory purposes;

incomes form using property, publishing activity, distribution of printed editions and publications;

donations and gifts;

other source not prohibited by the legislation.

Members of political party, union have no rights to property, including monetary means, of political party, union.

Political party is not liable for its members` obligations. Political party members are not liable for obligations of political party members of which they are.

Union is not liable for obligations of its members. Members of the union bear subsidiary liability for its obligations in the order and in the amount provided by the statute of the union.

Article 23. Entrepreneurial activity of political parties, unions

Political parties, unions have no right to act as founders of commercial organization, except for the cases provided for in indent four of part one of Article 21 of this Law, and to be engaged in entrepreneurial activity, with the exception of production and sale of public and political literature, other propagandist and promotion materials, souvenirs with own symbols.

Article 24. Restrictions in financing political parties, unions

Financing of political parties, unions at the expense of means of republican and (or) local budgets is not allowed.

State bodies and other state organizations are not entitled to finance political parties, unions.

Political parties, unions and legal persons created by them are prohibited to obtain monetary means and other property directly or indirectly from:

foreign states, foreign organizations, international organizations, foreign citizens and stateless persons;

organizations founders (participants, property owners) of which are foreign states, foreign organizations, international organizations, foreign citizens and stateless persons;

organizations that received in the course of the year preceding the day of making the donation a foreign gratuitous aid from foreign states, foreign organizations, international organizations, foreign citizens and stateless persons, and also from anonymous donors, unless the foreign gratuitous aid received by these organizations was returned by them to foreign states, foreign organizations, international organizations, foreign citizens and stateless persons, which provided it, or in the event of impossibility of the return was remitted (transferred) in the income of the state prior to the day of making donation to political party;

anonymous donors;

citizens who have not reached the age of eighteen;

legal persons registered in the established order less than one year before the day of making donation;

religious organization and also legal persons founded by religious organizations.

It is not considered as illegal receipt of means the participation of representatives of political parties, unions in congresses, scientific conferences and other events at the cost of the receiving party.

Monetary resources of political party, union may be placed only on accounts of banks and of non-bank credit and financial organizations registered in Belarus.

Political parties, unions are prohibited to keep monetary means, precious metals and other valuables in banks, non-bank credit and financial organizations, situated in the territory of foreign states.

Political parties are not entitled to obtain profits from shares and other securities.

Monetary means and other property, received by political parties, unions and legal persons created by them from sources prohibited by this Article must be transferred in income of the state. Upon refusal from the voluntary transfer, those means and property are collected in income of the state through court proceedings on the application of state bodies which carry out state control over the intended use of foreign gratuitous aid.

Article 25. Protection of rights and legitimate interests of political parties, unions

Protection of rights and legitimate interests of political parties, unions is carried out in the order established by the legislation.

CHAPTER 5
SUPERVISION OF EXECUTION OF LEGISLATION BY POLITICAL PARTIES, UNIONS.
CONTROL OVER COMPLIANCE OF ACTIVITY OF POLITICAL PARTIES, UNIONS WITH THE LEGISLATION AND THEIR STATUTES

Article 26. Supervision of execution of legislation by political parties, unions

Supervision of strict and uniform execution of laws, decrees, edicts and other normative legal acts by political parties, unions is imposed on the General Prosecutor of the Republic of Belarus and prosecutors subordinated to him.

Article 27. Control over compliance of activity of political parties, their organizational structures, unions with the legislation and their statutes

Control over compliance of activity of political parties, unions with the Constitution of the Republic of Belarus, other acts of legislation and statutes is carried out by the Ministry of Justice.

Control over compliance of activity of organizational structures of political parties with the Constitution of the Republic of Belarus, other acts of legislation and statutes of political parties is carried out by appropriate departments of justice.

Officials of the Ministry of Justice and appropriate departments of justice, within the limits of their powers, have the right to participate in events held for statutory purposes by political parties, their organizational structures, unions, to request and obtain information about issues of their statutory activity and about membership numbers of political parties, their organizational structures, composition of unions, to get acquainted with their documents and decisions.

Political party, union must inform the Ministry of Justice about session (convocation) of its supreme body not later than seven days before.

Political party, union are obliged in case of change of the legal address of political party, union (the location of the governing body) within a month to present to the Ministry of Justice all documents necessary for state registration of changes and (or) additions introduced into the statute of political party, union.

Political party, union shall annually present to the Ministry of Justice till March 1 the following:

information about the continuation of its activity with indication of location of the governing body;

lists of members of elected bodies of the political party, union, which indicate surname, own name, patronymic, date of birth, citizenship, place of residence and home phone number, place of work (studies) and office phone number, position in those elected bodies and the date of election of each member with enclosure of appropriate protocols. In case of changes of the composition of elected bodies of political party, union, necessary data are to be presented to the Ministry of Justice within a ten-day term from the day of making such a decision;

information on numerical strength of political party, union, its organizational structures, composition of union;

information on the events held for statutory purposes by political party, union during the year.

Organizational structure of political party shall annually, till March 1, present to the appropriate department of justice:

information about the continuation of its activity with indication of location of the governing body;

lists of members of elected bodies of organizational structure, which indicate surname, own name, patronymic, date of birth, citizenship, place of residence and home phone number, place of work (studies) and office phone number, position in those elected bodies and the date of election of each member with enclosure of appropriate protocols. In case of changes of the composition of elected bodies of political party's organizational structure necessary data are to be presented to the appropriate department of justice within a ten-day term from the day of making such a decision;

information on numerical strength of organizational structure;

information on the events held for statutory purposes by organizational structure during the year.

Information provided by part seven of this Article, concerning subordinate organizational structures shall be presented to appropriate department of justice by Minsk city and regional organizational structures of political party, and in case of absence of regional organizational structure of political party - by district and city organizational structures of political party. In case of absence in the region’s territory of higher organizational structure of political party, necessary information shall be presented to appropriate department of justice directly by political party's organizational structure created in the territory of the region.

Article 28. Control over financial and economic activity of political parties, unions

State bodies and other state organizations, within the limits of their competence, exercise control over financial and economic activity of political parties, unions.

CHAPTER 6
LIABILITY OF POLITICAL PARTIES, UNIONS

Article 29. Measures of liability

For violation of the Constitution of the Republic of Belarus, this Law, and other acts of legislation and (or) statute, the following measures of liability may be applied in respect of a political party, union:

written caution;

suspension of activity of political party, union;

liquidation of political party, union.

Political party, union which has caused damage to a person or property of a citizen, as well as property of a legal person, are obliged to compensate it in the order established by the legislation.

Other measures of liability and the procedure of their application may be established in respect of political parties, unions by legislative acts on fighting against terrorism and on counteraction of extremism.

Article 30. Written caution

In case of committing by political party, union actions violating the Constitution of the Republic of Belarus, this Law, other acts of legislation and (or) the statute of political party, union, except for the cases when violation entails the liquidation of the political party, union on the decision of the court, the Ministry of Justice shall issue a written caution to the public association, union.

A written caution shall be handed out or sent to the governing body of political party, union not later than in the term of three days after its issuance with the indication of committed violations and the term given for their elimination.

A written caution may be appealed against, within the term of one month after its receipt, to the Supreme Court of the Republic of Belarus.

Political party, union are obliged to inform the Ministry of Justice in writing about the elimination of violations which have given ground for the issuance of the written caution and present confirming documents not later than three day term after the expiration of the term for the elimination of violations stated in the written caution.

Article 31. Suspension of activity of political party, union

Activity of political party, union may be suspended for the term of one to six months by the decision of the Supreme Court of the Republic of Belarus upon an application of the Ministry of Justice in the political party, union has been issued written caution and the political party, union failed to eliminate violations which have given ground for the issuance of the written caution within the established term or to inform the registering body of their elimination with presentation of confirming documents.

The Ministry of Justice is entitled to file an application for suspension of activities of political party, union to the Supreme Court of the Republic of Belarus if the written caution has not been appealed in the established order to the Supreme Court of the Republic of Belarus or has been appealed and recognized as substantiated by the Supreme Court of the Republic of Belarus.

Suspension of activities of political party within the period from the day of official publication of the decision on appointment of elections of the President of the Republic of Belarus, deputies of the House of Representatives of the National Assembly of the Republic of Belarus, deputies of local councils of deputies till the day of official publication of the results of elections is not allowed.

In case of suspension of the activity of political party, union for the term established by the decision of the Supreme Court of the Republic of Belarus, political party, union is prohibited to carry out any activity, with the exception of activity to eliminate violations being grounds for suspension of the activity.

Political party, its organizational structures, union are forbidden to use accounts in banks and non-banking credit and financial organizations in the case of suspension of their activity, except for making settlements on civil and labour contracts, payments to the republican and (or) local budgets, including state special-purpose budget funds, to state non-budget funds, as well as settlements connected with compensation of damages caused by actions of political party, its organizational structures, union.

If violations which have given grounds for suspension of activity of political party, union are removed within the term of suspension of activity of political party, union established by the decision of the Supreme Court of the Republic of Belarus, then upon expiration of the established term, the political party, union renew their activity subject to a written notification to the Ministry of Justice, not later than ten days before expiration of the period of suspension of activity of political party, union about the elimination of indicated violations with submission of confirming documents.

Article 32. Liquidation of political party, union by the decision of the Supreme Court of the Republic of Belarus

Political party, union shall be liquidated by the decision of the Supreme Court of the Republic of Belarus in case:

of carrying out by political party, union propaganda of war or extremist activities;

of violation by political party, union of the legislation and (or) their statutes within a year after issuance of a written caution;

if, at the state registration of the political party, union founders, committed violations of this Law and (or) other acts of legislation that have irremovable nature;

if the numerical strength of political party does not correspond to requirements of part two of Article 10 of this Law, the composition of the union – to requirements of part three of Article 10 of this Law;

of failure to eliminate violations being the ground for suspension of activity of political party, union in the term established by the decision of the Supreme Court of the Republic of Belarus;

failure of political party, union to submit during three consecutive years, within the established term, data provided by part six of Article 27 of this Law.

Political party, union may be liquidated by the decision of the Supreme Court of the Republic of Belarus for one violation of the legislation on mass actions in the cases provided by legislative acts, and also for receipt by political party, its organizational structure, union of foreign free aid.

The application for liquidation of political party, union must be presented to the Supreme Court of the Republic of Belarus by the Ministry of Justice or by the General Prosecutor's Office of the Republic of Belarus.

CHAPTER 7
INTERNATIONAL RELATIONS OF POLITICAL PARTIES, UNIONS.
TREATIES

Article 33. International relations of political parties, unions

Political parties in accordance with their statutes are entitled to maintain relations with political parties, international and other public organizations of foreign states and international organizations.

Article 34. Treaties

If treaties of the Republic of Belarus establish other rules than those contained in this Law, the rules of the treaties are applied.

 

 

President of the Republic of Belarus

A. Lukashenko

 

*unofficial translation*