| The following pages are intended to be used as a reference guide and as general information about police and judicial systems in Interpol member countries in the European region. To facilitate understanding and make comprehension and comparison easier, the data from all contributing countries is presented in the same format. Police officers involved in international law enforcement matters especially should be aware of the many differences in police and judicial systems in Europe. This information will serve to aid this endeavour and hopefully promote greater efficiency in international police co-operation. |
1.1
Location
Belarus is located in the eastern part of Europe, bordered by Poland to the
west, by Latvia and Lithuania to the north, by Russia to the east and by Ukraine
to the south.
1.2
Area - Population - Language
- 207600 km²
- 10,3 million
- Belarusian, Russian
Territorial divisions: 6 regions (Brest, Vitebsk, Grodno, Gomel, Minsk, Moguilev)
and the capital city, Minsk.
1.3
Government
According to Article 1 of its Constitution, the Republic of Belarus is a unitary
democratic social legal state with three branches of power: Executive, Legislative
and Judiciary. The Executive Branch is headed by the President, the Legislative
Branch is composed of the two-chamber Parliament and the Judiciary Branch comprises
the courts.
2.1
Law enforcement bodies
The Ministry of Internal Affairs of the Republic of Belarus is the organ of
public administration that is authorised to control and co-ordinate all activities
in the following fields: counter crime activities, law and order, and the maintenance
of public security.
The Ministry is at the head of the country's system of internal government
bodies and services.
2.2
Belarus - Police Organization Chart
Under construction.
2.3
NCB structure
NCB Minsk was founded in November, 1993. The head of NCB is appointed by the
Minister of Internal Affairs.
The Bureau has 3 divisions:
- Division 1: General Crime Department
Tasks:
- To process and exchange official and confidential information on international
criminal activities
- To forward information to competent law enforcement agencies in Belarus
or the corresponding NCBs of other Interpol member countries
- Division 2: Organizational and Operations Section
Tasks:
- To analyse general information and statistics
- To be the contact point for communications with the Interpol General
Secretariat
- To undertake urgent translations
- Division 3: Data Processing Department
Tasks:
- To receive and transmit police intelligence
- To collect incoming/outgoing records
- To update the NCB and national police databases
- To supervise general document turnaround
- To provide the NCB with modern computer software
2.4
International investigations
In accordance with national legislation, all investigations on the territory
of the Republic of Belarus shall be carried out by competent national law enforcement
agencies.
A request for legal assistance, letters rogatory or request for any judicial
proceeding should be sent through diplomatic channels to the Ministry of Justice
or the Prosecutor's Office of the Republic of Belarus.
All other requests that require criminal intelligence checks, registration,
data, identification of individuals, verification of information etc., i.e.
check that do not require judicial authorisation should be sent through Interpol
channels to NCB Minsk.
Where a country has an international treaty for police co-operation with the
Republic of Belarus, the latter can render police assistance at any level. Belarus
has close police ties with all C.I.S. countries, Lithuania, Latvia and Poland.
Belarusian police carry out operations and act in concert with the law enforcement
agencies of Russia and Ukraine, resulting from their history of structured co-operation.
2.5
Pre-trial police and judicial powers
|
Police
|
Prosecutor
|
Magistrate/Judge
|
| Identity check |
Y
|
-
|
-
|
| Arrest |
Y
|
Y
|
Y
|
| Questioning |
Y
|
Y
|
Y
|
| Detention by police |
72 hrs
|
-
|
-
|
| Custody (on judicial order) |
-
|
12 months (*)
|
Y
|
| Search of person |
Y
|
Y
|
Y
|
| Search of premises |
Y (limited)
|
Y
|
Y
|
| Confiscation of property |
-
|
-
|
Y
|
(*) may be extended to 18 months.
3.1
General
The judicial system in Belarus is based upon the principles of territory and
specialisation. The creation of extraordinary courts is prohibited. The judicial
system acts in accordance with the law. Judges are independent and are subject
only to the law.
The system has 2 levels:
- Courts of common law
- the Supreme Court
- Regional Courts
- The Court of Minsk city
- District Courts
- Military Courts
- Economic Courts
- the Supreme Economic Court
- Regional Economic Courts
- the Economic Court of Minsk city
All court examinations are held on the basis of territorial principle.
An appeal against a District Court decision can be heard by the Regional Court.
The Supreme Court usually examines appeals over decisions of Regional or District
Courts.
A Constitutional Court exercises control over the conformity of legal instruments
with the Constitution.
3.2
Prosecution
The centralized prosecution system is headed by the Prosecutor General, who
is proposed by the Parliament and appointed by the Head of State. The prosecution
system is similar to the judicial system described, although it is distinguished
by the existence of some inter-regional and military offices.
| 4. Investigation possibilities and international
co-operation |
|
|
4.1
Possibilities
|
Y/N
|
Remarks
|
Telephone tracing
|
Y
|
|
Telephone tapping
|
Y
|
|
Bugging public premises
|
Y
|
|
Bugging other premises
|
Y
|
|
Bugging homes
|
Y
|
|
Electronic tracking
|
Y
|
(*) |
Surveillance
|
Y
|
|
Pseudo-buying
|
Y
|
(*) |
Controlled delivery
|
Y
|
(*) |
Infiltration
|
Y
|
(*) |
| Witness protection |
Y
|
|
(*) All options are possible under national legislation, but those asterisked
are most frequently used by the police.
4.2
Access to files (through NCB)
|
Y/N
|
Response time
|
Remarks
|
|
Wanted persons
|
Y
|
2-24 hrs |
on-line |
|
Missing persons
|
Y
|
2-24 hrs |
on-line |
|
Stolen motor vehicles
|
Y
|
2-24 hrs |
on-line |
|
Stolen property
|
Y
|
1 day |
on-line |
|
Criminal records
|
Y
|
1 day |
on-line |
|
Fingerprints
|
Y
|
1 day |
on-line |
|
Photographs of criminels
|
Y
|
1 day |
on-line |
| Serving prisoners |
Y
|
1 day |
on-line |
|
Listed telephone subscribers
|
Y
|
1 day |
on-line |
|
Unlisted telephone subscribers
|
Y
|
1 day |
on-line |
|
Vehicle owners and registrations
|
Y
|
1 week |
decentralized |
|
Passports
|
Y
|
1 week |
on-line |
Company registers
|
Y
|
2 weeks |
decentralized |
Driving licences
|
Y
|
1 week |
decentralized |
National register / Electoral roll
|
Y
|
1 week |
decentralized |
Bank accounts
|
Y
|
2-4 weeks |
through NCB if urgent |
| Tax information |
N
|
- |
diplomatic channels |
4.3
Liaison officers
4.3.1 Belarusian Liaison officers posted abroad
C.I.S. countries, Ukraine, Lithuania, Poland.
4.3.2 Foreign Liaison officers posted to Belarus
Germany, Belgium, Scandinavian countries (for Belgium and Scandinavian countries:
the same officer is posted for Russia and Belarus).
| 5. Police/Customs co-operation |
|
|
Police and customs co-operation is mutually beneficial and although these two
official state activities are implemented by two different departments, co-operation
between them is constant and effective. Customs officers can investigate criminal
cases, arrest suspects and seize goods obtained illegally. The Police can request
information on customs examinations, customs receipts, vehicle border crossings,
etc on demand.
6.1
Public holidays
| January 1 |
New Year's Day |
| January 7 |
Orthodox Christmas |
| March 8 |
Womens Day |
| May 1 |
Labour Day |
| May 9 |
Victory Day (WW 2) |
| July 3 |
Independence Day |
| December 25 |
Catholic Christmas |
| Regional activities - European police and judicial systems
|
|