LawtrendMonitor #8

Dear Readers, This LawtrendMonitor presents an overview of the situation with freedom of association and the situation of civil society organisations in August 2023, as well as an overview by CSO METER for 2022. The newsletter traditionally presents information on new normative legal acts relating to civil society organisations adopted in the Republic of Belarus. We would like to inform our readers on the update of information materials on the Lawtrend website in the section «Legal Regulation of NGOs.»

Situation of Civil Society Organizations

1. Lawtrend experts prepared a review of the situation of freedom of association and the environment for civil society organizations in Belarus in August 2023. It is available on the Lawtrend website.

Legislative News

2. The resolution of the Council of Ministers of the Republic of Belarus No. 539 of 17 August  2023 «On the Implementation of the Law of the Republic of Belarus No. 256-3 of 9 March 2023 «On the Amendmending the Codes on Criminal Liability»’ approved the Regulation on a Child-Friendly Interrogation Room.

According to the document, a child-friendly interrogation room is a specially equipped room in which a prosecuting body interrogates a minor victim or witness under the age of 16 in criminal cases concerning crimes against personal liberty, honour and dignity, life and health, as well sexual offences.

A child-friendly room shall be created on the basis of a social and pedagogical centre upon an order issued by the chairman of a relevant local governing body at the region or basic territorial level. Premises of the State Forensic Examination Committee and the Investigative Committee may be used as child-friendly rooms by decision of their heads, subject to the requirements set out in the Regulation.

The Regulation entered into force on 20 August 2023.

3. The resolution of the Ministry of Internal Affairs of the Republic of Belarus and the Ministry of Foreign Affairs of the Republic of Belarus No. 140/10 of 23 June 2023 «On Providing Information on Documents of a Foreign State» approved the Instruction on the procedure for providing information by citizens of the Republic of Belarus on their nationality of a foreign state, residence permit, or other document of a foreign state granting the right to benefits and other advantages in connection with their political and religious views, or national affiliation.

According to the Regulation, providing information on such a foreign document is carried out in one of the following ways:

Via its posting by a citizen in her or his account on the unified portal of electronic services of the nationwide automated information system platform.gov.by;

By personal appeal of an applicant:

By direct appeal to an internal affairs body or a diplomatic body;

Through the state unified (integrated) republican information system of registration and processing of citizens and legal entities` appeals. In the absence of technical possibility of entering information on foreign documents in this way, it is allowed to send it to the bodies of the diplomatic service by e-mail in the domain name mfa.gov.by;

By sending a written appeal of a citizen to a body of internal affairs or a body of the diplomatic service.

The Resolution entered into force on 9 August 2023.

4. From 16 August 2023, the public association Belarusian Society of Hunters and Fishermen was transformed into the Republican State Public Association Belarusian Society of Hunters and Fishermen (RSPA «BSHF»).г.

Lawtrend website: updates.

5.  We would like to inform our readers that, due to amendments to the law on non-profit organisations in Belarus, Lawtrend experts continue their systematic work on updating information materials in the website sections «Legal Regulation of NPOs» and «Sample Documents.» In particular, the information concerning unregistered organisations and legal addresses of non-profit organisations was updated.

CSO METER: overview of Belarus in 2022.

6. CSO Meter Belarus 2022 country report was published reflecting changes in the legal environment for civil society organisations in Belarus during 2022.

This monitoring review examines developments and trends in legal regulation and law enforcement practice that have significantly affected the legal environment for CSOs in Belarus over the past year. The indicators show that there has been no improvement and approximation to international standards in any of the 11 legal areas monitored.