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On Political Parties

Law of the Republic of Belarus

No. 3266-XII of October 5, 1994

(Wording of July 19, 2005 No 35-3)

Chapter 1. General Provisions.

Article 1. Notion of the Political Party.

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

The union (association) of political parties (hereinafter - the union) is a voluntary association of political parties created on the basis of the constituent contract between parties for coordination of their authorized activity, representation and protection of their common legitimate interests.

Political parties, unions are noncommercial organizations.

Article 2. The Right for Union into the Political Parties.

The citizens of the Republic of Belarus have the right for freedom of association to the political parties.

Article 3. Prohibition of the Limitation of Rights and Freedoms of Citizens Due to Their Belonging or Non-Belonging to the Political Parties.

Belonging or non-belonging of the citizen to the political party cannot be the reason for limitation of his rights and freedoms or for prevention from execution of the obligations set up in the law, except for the cases foreseen in the part four and five of the Article 13 of the present Law.

Belonging or non-belonging of the citizen to the political party cannot be the reason for providing or non-providing of benefits and advantages by the state.

The requirement of indication of the membership in either political party in the official documents is not allowed, except for the cases provided by legislation.

Ideology of political parties cannot be mandatory for citizens.

Article 4. Main Principles of the Activity of Political Parties.

Political parties, unions acts on the basis of the principles of freedom of associations, democracy, legality, publicity, self-management and equality of all political parties.

Article 5. Legal Base of the Political Parties, Unions Activity.

The legal base of political parties`, unions` activity consists of the Constitution of the Republic of Belarus, the present Law and other legislative acts.

Political parties carry out the activity according to their charters and programs.

The unions carry out the activity according to their charters and constituent contracts.

Article 6. The State and Political Parties.

The state is to guarantee protection of the rights and legal interests of political parties, unions.

Interference of state bodies and officials with political parties`, unions’ activity, as well as interference of political parties, unions with state bodies` and officials` activity is prohibited with the exceptions, provided by legislation.

Article 7. Limitations of Establishment and Activity of Political Parties.

Political parties of other states and their territorial units cannot be established and fulfill their activity on the territory of the Republic of Belarus.

It is forbidden to establish and lead the activity of the political parties, unions having their aim of the forced change of the constitutional system or performing the propaganda of war, national, religious and racial hostility.

Activity of the unregistered political parties, unions on the territory of the Republic of Belarus is prohibited.

Article 8. Methods of Activity of Political Parties.

The political parties achieves their aims and objects through:

Chapter 2. Procedure of Establishment of Political Parties, Unions.

Article 9. Founders of Political Parties, Unions.

Citizens of the Republic of Belarus reached the age of 18 years, having the right of voting are entitled to act as the founders of the political parties.

Political parties decided to form a union have the right to create it.

Article 10. Conditions of Establishment of Political Parties.

To create the political party and to realize its activity there has to be at least 1000 founders (members) from the majority of regions of the Republic of Belarus and Minsk city.

To create the union and to realize its activity there has to be at least two political parties as founders (members).

The political party is formed only by territorial principle and should 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 charter of political party, in six months term from the date of the state registration of political party.

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

Founders of the union convoke constituent congress, either conference or other constituent assembly on which make a decision on creation of the union, approve its name and the charter, elect bodies of the union and conclude the constituent contract.

Article 11. Constituent documents of Political Parties, Unions.

The constituent document of political party is its charter.

The constituent documents of union are charter and constituent contract.

The charters of the political party, union must be open for acquaintance by all and they are must contain the following provisions:

The charter may foresee other provisions concerning the creation and activity of political party and not contradicting to the legislation.

The constituent contract of the union must consist of:

Other conditions can be included in constituent contract of the union by the founders agreement.

It is not allowed to point on superiority of any race, nationality, religion or social group in constituent documents of the union and in program of political party.

Article 12. Authorities of the Political Party, Union. Organizational Structures and its authorities of the Political Party.

The congress is supreme authority of the political party.

The supreme authority of the union is congress, conference or other meeting of the political parties representatives, which are founders of this union and other members of the union.

The supreme authority of the political party, union:

The supreme authority of political party, union accepts the political party’s program, brings in amendments and (or) changes.

Administrative body of political party must consist of not less than three members of political party.

Administrative body of union must consist of not less than three members of political party, which is part of this union.

Administrative body of the political party between the sessions (convocation) of supreme authority have the right to brings in changes and (or) amendments to the charter of political party on changes of political party’s legal address (location place of administrative body) or changes and (or) amendments by the new legislation.

Political party can (and in cases, stipulated by the part 3 Article 10 of this Law party is obliged) create its organizational structures, which its structural subdivisions according to the charter by the territorial principle and which acting by charter of the political party.

Organizational structures which are structural subdivisions of the political party according to the charter of this party can be provided with the rights of legal entity.

According to the charter of political party its supreme body of the organizational structure is conference, constituent assemble or other meeting.

The supreme body of the organizational structure:

Administrative and control and audit bodies of political party, its organizational structures, union is elective bodies. In elective bodies of political party, its organizational structures only members of this political party can be selected. In elective bodies of the union only members of the political parties entering into this union can be selected. It is not allowed to be a member of political party and a member of administrative and control and audit bodies of political party, union, its organizational structures simultaneously.

The political party, its organizational structures, union have the right to form bodies to realize activity by party charter. The order of formation of such bodies, their competence and the order of acceptance of decisions by them are determined by constituent documents of political party, union.

Article 13. Membership in Political Parties, Unions.

Political parties have the fixed membership.

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

Members of the union are the political parties forming this union.

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 any political parties for the term of their duties.

Judges, public prosecutor's, employees of law-enforcement bodies, Committee of the state control of the Republic of Belarus, security services, military personnel cannot be members of political parties.

The member of political party has the right to exit freely the political party.

The citizen of the Republic of Belarus can be a member of only one political party. The member of political party can be only in one organizational structure of his political party on place of his residence as a rule.

The document confirming membership status in political party is granted to the member by charter’s established way of this party.

Article 14. Title and Symbols of Political Parties, Unions.

The title of the political party must include the words “political party” or “party”. The title of its organizational structure must indicate on the name of this political party.

The title of the union must indicate on main subject of its activity and activity of its members and have the words “union” or “association”.

It is not allowed to have in the title of political party, union:

The political party, union can have a flag, a hymn, an emblem, a badge, a pendant, a tie, breast and recognition symbols (further - symbolic if other is not stipulated by this Law), which are approved in the way established by the legislation and party, union constituent documents.

State symbols of the Republic of Belarus and (or) symbols of the foreign state or pre-existed state must not be used as symbolic of political party, union.

The titles of the political party, union including the abbreviated ones, and their symbols must differ from the titles and symbols of those political parties, unions, public associations registered in the Republic of Belarus or which have been liquidated by the court decision and must not contradict this Law, other legal acts, constituent documents of the political party, union and must not violate intellectual property laws.

The titles and symbols of the political parties may not serve for the propaganda of the aims of violent change of constitutional system or for the propaganda of war or social, national, religious and race wars.

Chapter 3. State Registration of Political Parties, Unions, Its Symbols, Changes and (or) Amendments to their Charters. Reorganization and Liquidation of Political Parties, Unions.

Article 15. Procedure of State Registration of Political Parties, Unions, Its Symbols, Changes and (or) Amendments to Their Charters.

The state registration of political party, union, their hymns, badges, pendants, ties, changes and (or) the amendments to the charter of political party, union, is carried out by the Ministry of Justice of the Republic of Belarus (hereinafter - the Ministry of Justice).

The hymn, badge, pendant and tie are the subjects to the state registration simultaneously with the state registration of political party, union or separately from it by the established way for the state registration of political party, union.

The state registration of flags, emblems, gorget and identification symbols of political party, union is carried out according to the legislation on the state registration of official heraldic symbols.

For the state registration of political party, union during one month from the date of constituent congress, conference or other constituent assembly to the Ministry of Justice must be represented:

For the state registration of hymn, gorget, pendant and tie of political party, the union (if the presence of such attributes is stipulated by charters of political party, union) the following must be represented to the Ministry of Justice:

In case if applications for the state registration of political party, union or of a hymn, gorget, pendant and tie of political party, union have submitted two or more political parties, two or more unions having same name and (or) same hymn, gorget, pendant and tie, the preference will be given to the political party, union, which submit this application in the first place and for the other political parties, unions a change of the name and (or) a hymn, gorget, pendant and tie are offered.

For the state registration of changes and (or) amendments to the charter of political party, union during a month from the date of its entering the Ministry of Justice the following should be represented:

For the state registration of changes and (or) amendments to the charter of political party, union and concerning full and (or) abbreviated name of political party, union, changes except for the documents specified in Part Seven of this Article, the following must be represented to the Ministry of Justice:

For the state registration of changes and (or) amendments to the charter of political party, union concerning changes of purposes, tasks, subject and methods of activity of political party, union, except for the documents specified in Part Seven of this Article the certificate of the state registration of political party, union must be represented to the Ministry of Justice.

Article 16. The Order of Processing the Documents Represented for the State Registration of Political Party, Union, their Hymns, Gorgets, Pendants, Ties, Changes and (or) Amendments to the Charter of Political Party, Union. The Republican Commission on Registration (re-registration) of Public Associations.

The Ministry of Justice consider the applications for the state registration of political party, union, their hymns, gorgets, pendants, ties, changes and (or) amendments to the charter of political party, union in a month from the date of its receipt.

The Ministry of Justice has the right to carry out the check up of reliability of the documents represented for the state registration of political party, union, their hymns, gorgets, pendants, ties, changes and (or) the amendments to the charter of political party, union.

After revising the presented documents for the state registration of political party, union the Ministry of Justice directs them to the Republican commission on registration (re-registration) of public associations and during five days from the day of reception decide about possibility of such registration and directs its the conclusion to the Ministry of Justice.

The structure of the Republican commission on registration (re-registration) of public associations approved by the President of the Republic of Belarus.

The decision of the state registration of political party, union is accepted by the Ministry of Justice on the basis of the conclusion of the Republican commission on registration (re-registration) of public associations.

By results of consideration of the presented documents for the state registration, the Ministry of Justice makes one of following decisions:

Records of the state registration of political party, union and of the state registration of changes and (or) amendments to the charter of political party, union, are brought in the State register of political parties, unions by the Ministry of Justice in the way established by legislation.

The certificates on the state registration of political party, union, their hymns, badges, pendants, ties and one copy of the charter of political party, union with the mark about the state registration of political party, union are granted to the registered political party, union. On state registration of changes and (or) amendments to the charter of political party, union the mark about the state registration of changes and amendments is made on the charter of this political party, union

On state registration of changes and (or) amendments to the charter of political party, union, concerning changes of full and abbreviated name, purposes, tasks, subject and methods of activity of political party, union, in the State register of political parties, unions a new record about the state registration is made, the previous record is excluded and the new certificate on the state registration of political party, the union is issued.

The certificate can be given to the head of the registered political party, union in the way established by Council of Ministers of the Republic of Belarus.

Article 17. Adjournment of State Registration of Political Party, Union, their Hymns, Gorgets, Pendants, Ties, Changes and (or) Amendments to the Charter of Political Party, Union.

The decision of adjournment of the state registration of political party, union, their hymns, gorgets, pendants, ties, changes and (or) amendments to the charter of political party, union, for one month can be made by the Ministry of Justice on violation of the established order of creation of political party, union, of the statement of their hymns, gorgets, pendants, ties or changes and (or) amendments to the charter of political party, union if this violation can be eliminated.

On elimination by political party, union during establishing term of violations formed the basis for adjournment of the state registration of political party, union, their hymns, gorgets, pendants, ties, changes and (or) amendments to the charter of political party, union, the restatement for the state registration is considered in the way established by the this Law.

The decision on refusal in the state registration of political party, union is made in case of:

Decision to refuse the state registration of hymns, gorgets, pendants, ties of political party, union is made in case of:

Political party, union can receive refusal in the state registration of changes and (or) amendments to the charter of political party, union, in case of violations of the order of its bringing in, discrepancy between these changes and (or) amendments to requirements and the legislation or failing to accomplish the requirements specified in the decision on adjournment of the state registration of these changes and (or) amendments within a month.

During five days from the date of adjournment the state registration or on refusal in the state registration of political party, union, their hymns, gorgets, pendants, ties, changes and (or) amendments to the charter of political party, union the Ministry of Justice informs in writing about its decision supervising body of political party, union with the matters for such adjournment or refusal.

If the state registration of political party, union, their hymns, gorgets, pendants, ties, changes and (or) amendments to the charter of political party, union, is made in time established by the this Law, or the decision on refusal in the state registration by motives considered by founders (supervising body) of political party, union as unfair, they can appeal within a month from the date of reception.

The decision of the Ministry of Justice should be appealed to the Supreme Court of the Republic of Belarus.

Article 18. The Order of the State Registration of Political Party’s Organizational Structures.

The political party’s organizational structure with the rights of the legal entity, are subject to the state registration.

The state registration of political party’s organizational structure is made by department of justice of regional, Minsk city executive committee by the location of supervising body of this organizational structure (hereinafter – corresponding department of justice) in the order, established by this Law and by other legislation acts.

For the state registration of political party’s organizational structure its supervising body must presents the following within a month from the date of acceptance the decision of creation of this organizational structure to the corresponding department of justice:

If all of the documents stipulated by part three of this article are not presented by the political party, corresponding department of justice has the right to refuse in state registration. After reviewing the documents within a month corresponding department of justice must decide to permit the state registration, to postpone it, to refuse it. Corresponding department of justice can postpone the state registration of political party for one month if the presented documents have the violations, which can be eliminated and concerns the its filling

The decision to refuse the state registration of political party’s organizational structure is made in case of:

Corresponding department of justice within five days from the date of making the decision to postpone the state registration of political party’s organizational structure or to refuse the state registration informs about decision the supervising body of political party with the reasons of such postponement or refusal in writing.

If the state registration of political party’s organizational structure are not carried out in time, stipulated by this Law, or the decision on refusal in the state registration of political party’s organizational structure considered as unfair by supervising body of political party, within a month such decision can be appealed in court.

The decision corresponding department of justice must be appealed in regional, Minsk city courts.

The registration of political parties` organizational structures is made by corresponding department of justice in special log-books of organizational structures of political parties samples of which are established by the Ministry of Justice.

Activity of the unregistered political parties` organizational structures on the territory of the Republic of Belarus is prohibited.

Article 20. The Order of Reorganization and Liquidation of Political Party, Union.

Reorganization of political party, union is carried out by the decision of its supreme body. The state registration of the reorganized political parties, unions is carried out in the way established by this Law for the state registration of political parties, unions. Liquidation of political party, the union is carried out:

Money resources and other property of the liquidated political party, union after full satisfaction of all creditors` requirements are used on the purposes stipulated by constituent documents of this political party, union if its money resources and other property shouldn’t be confiscated to the state budget.

The decision of the supreme body of political party, union or of the Supreme Court of the Republic of Belarus on liquidation of political party, union goes to the Ministry of Justice and must be published by political party, union in the periodic printed mass media, defined by the legislation.

On the basis of the decision of the supreme body of political party, union or of the Supreme Court of the Republic of Belarus on liquidation of political party, union the Ministry of Justice must excludes political party, union from the State register of political parties, unions. Liquidation of political party involves liquidation of political party’s organizational structures. Thus corresponding department of justice exclude the records of state registration of political party’s organizational structures from the log-books of political parties` organizational structures.

Chapter 4. Rights and Conditions of the Activity of Political Parties, Unions.

Article 21. Rights of the Political Parties, Unions.

Political parties from the day of their state registration have the rights:

The unions have the rights, stipulated by this article for political parties, except for the rights stipulated by paragraphs seven and nine of the first part of this article.

Political parties, unions can have other rights stipulated by this Law and other legal acts.

Article 22. Property of Political Party, Union.

Political party, union can have any property necessary to support its activity, stipulated by their constituent documents, except for objects which can to be only in state property, according to the law.

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 handle of property of political party within the limits defined by the charter of this political party.

Organizational structures of political party, which have the rights of legal entity, can have separate balance and the bank account, and also could have other banks` accounts, accounts in non-banking financial organizations registered on the territory of the Republic of Belarus.

Sources of money resources and other property of political party, union can be:

Members of political party, union have no rights to this property, including money resources of political party, union.

Political party is not responsible by the members` obligations. Members are not responsible by the obligations of their party.

Union is not responsible by the members` obligations. Members can be responsible subsidiary by the obligations of their union in the limits, stipulated by constituent documents of the union.

Article 25. Production, Economic and Commercial Activity of Political Parties, Unions.

Political parties, unions cannot be founder of the commercial organization, except for the cases stipulated in paragraph four part one Article 21 of this Law and to carry on the commercial activity, except for the production and sale of the public and political literature, other propagandist and promotion materials, souvenirs with the own symbols.

Article 24. Limitations in Financing the Political Parties, Unions.

Financing of the parties is not allowed from the state budget.

The bodies of the state power and administration, state enterprises, institutions and organizations have no right of financing the political parties.

Political parties, unions and legal entities, created by them are prohibit obtain the funds and other property directly or indirectly from:

Money resources of political party, union can be placed to the accounts of banks and of non-banking financial organizations, both registered in Belarus only.

It is prohibit for political parties, unions to keep money resources, precious metals and other valuables in banks, non-banking financial organizations, both situated on the territory of the foreign states.

Political parties have no right to obtain any profits from shares and other securities.

Any money resources and other properties, received by political parties, unions and legal entities, created by them from the sources prohibited by this Article must be confiscated to the state budget in order established by the legislation.

Article 25. Protection of Rights and Legal Interests of Political Parties, Unions.

Protection of rights and legal interests of political parties is carried out according to the legislation.

Chapter 5. Supervision and Control over the Compliance of the Activity of Political Parties, Unioins with the Legislation.

Article 26. The Supervision over Compliance of the Activity of Political Parties with the Legislation

Supervision over the compliance by political parties, unions of laws, decrees, edicts and other legal acts is to be executed by the General Procurator of the Republic of Belarus and his subordinate public prosecutors.

Article 27. Control Over the Compliance of the Activity of Political Parties, Its Organizational Structures, Unions With the Legislation and Their Constituent Documents.

Control over the compliance of the activity of the political parties, unions with the Constitution of the Republic of Belarus, other legislation acts and their charters is executed by the corresponding department of justice.

Control over the compliance of the activity of the political parties` organizational structures with the Constitution of the Republic of Belarus, other legislation acts and their charters is executed by the corresponding departments of justice.

The officials of the Ministry of Justice and corresponding departments of justice within their official duties are entitled to participate in all events of the political parties, unions inquire and receive the information on the issues of their charter activity and the quantity composition of the political parties, its organizational structures, unions` composition, to familiarize with their documents, decisions.

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

Political party, union in case of change of the legal address of political party, union (the location of supervising body) are obliged within a month presents to the Ministry of Justice all the documents necessary for the state registration of changes and (or) the amendments to the charter of political party, union.

Political party, union annually till March 1st must present to the Ministry of Justice:

Annually the organizational structure of political party till March 1st represents to the corresponding department of justice:

The information stipulated by part seven of this Article, concerning subordinate organizational structures is represented to corresponding department of justice of Minsk city and regional organizational structures of political party, and in case of absence of regional organizational structure of political party - regional and city organizational structures of political party. In case of absence on the region’s territory of higher organizational structure of political party necessary information is represented to corresponding department of justice by organizational structure of the political party created in territory of area directly.

Article 28. Control of the Financial and Economic Activity of Political Parties, Unions.

The state bodies, other state organizations in the area of their competence, carry out control over the financial and economic activity of the political parties, unions.

Chapter 6. Responsibility of Political Parties, Unions.

Article 29. Responsibility for Violation of the Legislation.

For the violations of Articles of the Constitution of the Republic of Belarus, of this Law, of other legislation acts and constituent documents concerning political party, union following measures of the responsibility can be applied:

The political party, union harmed the person or property of the citizen, and also property of the legal entity, is obliged to compensate it in the way established by the legislation.

By the legal acts on fighting against terrorism and extremism other measures of the responsibility and the order of their application can be established for political parties, unions.

Article 30. The Written Warning.

In case of commitment by a political party, union of the actions in violation of the Constitution of the Republic of Belarus, the present Law, other legislative acts of the Republic of Belarus and/or constituent documents, except for cases when violation draw liquidation of political party, union by court decision, the Ministry of Justice issues the written warning to the political party, union.

The warning is to be declared or mailed to the leading body of the political party,union not later then 3 days after its issue.

The written warning can be appealed to the Supreme Court of the Republic of Belarus.

The political party, union are obliged to inform the Ministry of Justice in writing on elimination of the violations and present the confirming documents in three days term after the term of elimination of infringements established in the written warning.

Article 31. Suspension of the Activity of Political Party, Union.

Activity of political party, union can be suspended for one to six months by the decision of the Supreme Court of the Republic of Belarus under the application of the Ministry of Justice if its gives to political party, union the written warning and political party, union in established dates have not eliminated the violations, or have not informed to registering body about elimination of violations with representation of confirming documents.

The Ministry of Justice has the right to submit to the Supreme Court of the Republic of Belarus the statement of suspending the activity of political party, union if the written warning has not been appealed against in the Supreme Court of the Republic of Belarus in the established order or has been appealed and recognized as proved by the Supreme Court of the Republic of Belarus.

Suspending of the activity of political party during the period from the date of official publication of the decision of presidential elections in 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 by the decision of the Supreme Court of the Republic of Belarus, political party, union is prohibit to carry out any activity, except for the activity to eliminate of infringements entails its activity.

It is forbidden for political party, its organizational structures, union to use in case of suspension of their activity any banks accounts or accounts of non-banking credit and financial organizations, except for realization of calculations on civil and labor contracts, payments in the budget, target budgetary and off-budget funds, and also of the calculations connected with compensation of harm, caused by actions of political party, its organizational structures, union.

If during term of suspension of the activity of political party, union established by the decision of the Supreme Court of the Republic of Belarus, the infringements will be eliminated, then political party, union after the end of this term can resume their activity under condition of the written message to the Ministry of Justice not later than ten days before the termination of term of suspension of the activity of political party, union of elimination of the specified infringements with representation 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 can be liquidated by the decision of the Supreme Court of the Republic of Belarus in case of:

The political party, union can be liquidated by the decision of the Supreme Court of the Republic of Belarus for unitary violation of the legislation about mass actions in the cases stipulated by legislative acts, and also for receiving of foreign free aid.

The statement on liquidation of political party, union must be presented to the Supreme Court of the Republic of Belarus by the Ministry of Justice or Prosecutor Office of the Republic of Belarus.

Chapter 7. International Relations of Political Parties, Unions. International Treaties.

Article 33. International Relations of Political Parties, Unions.

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

Article 34. International Treaties.

If an international treaty of the Republic of Belarus states other rules than are contained in the present Law, the rules of the international treaty are to be applied.