An individual may be temporarily prohibited in Belarus to travel abroad. Such cases are regulated by law, and the list is clearly defined. This article consider situations when a citizen of the Republic of Belarus may be temporarily restricted from travelling abroad and how to find out about such a restriction in advance.
What are the resons for restriction from travelling abroad in Belarus
When a person knows information that constitutes a state secret
State secret – information, the dissemination or loss of which may have serious consequences for the national security of the Republic of Belarus. When travel from Belarus is temporarily restricted on this basis, a notification is sent to the person. The period for which travel is limited is established by the decision of the state body that classifies information as state secrets. The citizen is also notified if the temporary travel restriction is cancelled.
Participation in criminal proceedings
In case of suspicion or accusation of a crime
When a person passes as a suspect or accused in a criminal case, they are restricted from leaving until their status is clarified. In this case, the investigator, the prosecutor, and the court limit the departure.
When bringing to criminal responsibility
When, by a court decision, a person is convicted of committing a crime, he is temporarily restricted from leaving Belarus for a period that does not exceed the period of serving his sentence or release from punishment. The travel ban is not applied:
- To convicts without sentencing.
- To those sentenced to punishment in the form of deprivation of the right to hold certain positions or engage in certain activities.
When establishing preventive supervision
Persons who have been released from prison and are under the supervision of internal affairs agencies are temporarily restricted from leaving Belarus. In this case, the departure is limited by a court decision until the end of preventive supervision.
Participation in other lawsuits
Features of the temporary restriction of the right to leave for persons who participate in the judicial process:
- The court restricts departure not on its initiative but on the initiative of other persons: at the petition of the plaintiff in the case, the bailiff, or the party’s lawyer.
- Travel is not restricted to all trial participants but only to those who have debts to other persons or may become debtors under a court order that will be adopted. This includes, for example, cases where such persons are sued.
Non-execution of court orders and executive documents
When, by a court decision, a person is involved in the performance of duties, payments of amounts in favour of other persons, the state and does not comply with such a decision, the court, at the request of the creditor, may limit the debtor’s right to leave Belarus. In this case, they restrict travel until the debtor executes a court order. The court also acts when the debtor does not perform the enforcement document without valid reasons. Such cases include failure to comply with court orders to collect debts on loans, debts to other persons, failure to fulfil the obligation to reimburse tuition fees, and the obligation to pay child support.
In this case, the court may restrict the right to leave to a company official who does not comply with the bailiff’s requirements without good reason.
Participation in cases as a defendant
When a person is sued in civil or economic proceedings, a court decision restricts the defendant from leaving.
Participation in the bankruptcy case
In this case, the exit is restricted to the debtor in the bankruptcy case or to the head of the debtor company.
Participation in the case of the return of the child
The defendant is restricted from leaving Belarus in the case:
- Of the return of a child illegally imported or held in Belarus.
- On exercising access rights about such a child.
Participation in the case of disagreement on the departure of a child
In cases involving the dispute of one of the parents on the departure of a child abroad, the court may favour the dissenting parent. In this case, the court will restrict the child’s travel abroad.
Participation in the administrative process
Travel is restricted to persons participating in the administrative process who have violated the management procedure until payment of a fine imposed by the court.
The list of such offences is extensive – about 58 compositions. These include:
- Failure to comply with the requirements of government officials on the elimination of violations, suspension or prohibition of production, sales, operation of transport, and failure to inform officials about the fulfilment of such requirements.
- Obstruction of verification by government officials.
- Disobedience to public officials in the performance of their duties.
- Insulting an official of a State body or organisation in performing his duties.
- Failure to submit a declaration of income and property by persons who must submit such a declaration by anti-corruption requirements or the unreliability of such a declaration.
- Failure of the company or individual entrepreneur to submit documents for verification to the authorized state body.
- Illegal crossing of the state border or an attempt to cross it violates the border regime.
- Violation of the procedure for holding mass events.
- Accommodation without identity documents.
- Illegal acceptance of identity documents as collateral.
- Violations related to the illegal stay of foreigners in Belarus.
When evading military duty
The military enlistment office may restrict the right to leave Belarus to those persons who are liable for military service:
- They received notifications to report for military service or service in the reserve and did not attend.
- They are not registered in the military when they are obliged to.
- Travel is restricted until the performance of military duties.
Preventive accounting in the KGB
The State Security Committee puts on preventive record persons who may threaten State Security. Check-out is limited until it is removed from the preventive register.
The KGB can also ban those whose departure is contrary to national security interests for up to 6 months.
How to find out about the restriction of the right to leave
The Ministry of Internal Affairs of Belarus maintains a database of persons whose departure from Belarus is temporarily restricted. Information from this bank is received daily at border checkpoints. When crossing the border, they check whether persons leaving Belarus are included in this data bank.
If you have doubts about your right to leave Belarus, you can check whether you are included in the database. An individual can check information about himself and those whose legal representative is a person for free: about children, wards, and adopted children.
You can check the presence of yourself or represented persons in the data bank as follows:
Method 1
To come personally to the internal affairs body at the place of residence with a passport – when you need information about yourself. When you need information about the person you represent, you will need his documents and documents confirming the basis on which you represent this person.
The internal affairs body issues a certificate or statement within one working day.
Belarusian citizens who are abroad can contact the diplomatic or consular service for such information. They will receive a certificate or statement within 10 working days.
Method 2
You will only be able to check information about yourself in this way. To do this, you need to register or log into your account on the Ministry of Internal Affairs of Belarus website. In the menu, select the section “individuals” and in the submenu – “checking restrictions on departure from the Republic of Belarus”. You will need to confirm that you are not a bot and click “Submit”. You will receive the information online immediately.
How to contact us
For more information or advice on issues related to the temporary ban on travelling abroad, do not hesitate to contact us. We are here to help and support you.
Phone and e-mail communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@spex.by.
