The Constitutional Court of the Republic of Belarus comprising the Presiding Officer – Chairman of the Constitutional Court P.P. Miklashevich, Deputy Chairman A.V. Maryskin, judges S.Y. Danilyuk, V.P. Isotko, L.G. Kozyreva, V.V. Podgrusha, L.M. Ryabtsev, O.G. Sergeeva, A.G. Tikovenko, S.P. Chigrinov

on the basis of part one of Article 116 of the Constitution of the Republic of Belarus, subpoint 1.1 of point 1 and point 3 of the Decree of the President of the Republic of Belarus of June 26, 2008 No. 14 «On Certain Measures to Improve the Activities of the Constitutional Court of the Republic of Belarus»

in the exercise of obligatory preliminary control considered in open court the constitutionality of the Law of the Republic of Belarus «On Legal Status of Foreign Nationals and Stateless Persons in the Republic of Belarus».

Having heard the reporting judge S.P. Chigrinov, having analysed the provisions of the Constitution of the Republic of Belarus (hereinafter – the Constitution), the Law of the Republic of Belarus «On Legal Status of Foreign Nationals and Stateless Persons in the Republic of Belarus», other legislative acts of the Republic of Belarus, the Constitutional Court of the Republic of Belarus found the following:

The Law of the Republic of Belarus «On Legal Status of Foreign Nationals and Stateless Persons in the Republic of Belarus» (hereinafter – the Law) was adopted by the House of Representatives of the National Assembly of the Republic of Belarus on December 11, 2009, approved by the Council of the Republic of the National Assembly of the Republic of Belarus on December 17, 2009 and submitted for signature by the President of the Republic of Belarus.

Provisions of the Law specify the constitutional rights, freedoms and duties of foreign nationals and stateless persons (hereinafter – foreigners) in the Republic of Belarus, determine the order of their entry, stay and departure from the Republic of Belarus, the mechanism for appeals against decisions and actions of bodies and officials that are related to the execution of the Law. The Law also contains provisions on making alterations and addenda to some laws of the Republic of Belarus regarding the legal status of foreigners.

When examining the constitutionality of the Law the Constitutional Court proceeds from the following.

1. According to Article 11 of the Constitution, foreign nationals and stateless persons in the territory of Belarus shall enjoy rights and liberties and execute duties on equal terms with the citizens of the Republic of Belarus, unless otherwise specified in the Constitution, the laws and international treaties.

In accordance with the first part of Article 3 of the Law, the legislation of the Republic of Belarus regarding the legal status of foreigners in the Republic of Belarus is based on the Constitution and includes this Law and other legislative acts of the Republic of Belarus as well as international treaties of the Republic of Belarus.

By identifying the constitutional and legal meaning of the norms contained in the first part of Article 3 of the Law, the Constitutional Court notes the following.

The legal status of a foreigner is the entirety of his rights, freedoms, responsibilities, benefits, privileges, as well as forms and procedures for their application. The legal status of foreigners is regulated by legal acts of different levels. The Constitution stipulates that foreigners shall enjoy rights and liberties and execute duties on equal terms with the citizens of the Republic of Belarus. The rights, freedoms and duties of foreigners find their further development in laws and other legal acts that determine their benefits and privileges, principles, forms and methods of legal regulation of rights and freedoms of foreigners, the execution of their duties, as well as the competence of state bodies in regulating the legal status of foreigners. The procedure for exercising rights, freedoms, benefits, privileges and the duties of foreigners, as well as procedures for exercising state bodies’ competence in regulating the legal status of foreigners may be set in by-laws. The restriction of rights and freedoms of foreigners in by-laws is inadmissible.

2. The Law stipulates guaranties to ensure following rights and freedoms of foreigners: personal rights and freedoms; right to move freely and choose the place of stay (residence); right to participate in political parties and other social organisations; social and economic rights; right to work or to be engaged in business and other activities; property and personal non-property rights; right to healthcare; right to education; right to preserve national culture and respect the national dignity (Articles 7-15).

The Constitutional Court notes that the norms of the above articles of the Law develop the provisions of articles 24-31, 36, 42-50 of the Constitution.

3. Articles 19-21 of the Law impose restrictions on foreigners that are related to the exercise of rights to participate in elections and referenda, to take certain offices, as well as to perform the military duty. Provisions of Articles 22, 23 of the Law provide for foreigners’ obligation to observe the laws of the Republic of Belarus and respect its national traditions, but also the obligation of registration.

The Constitutional Court considers that the establishment of these restrictions and responsibilities conforms to articles 37-39, 52, 57 of the Constitution.

4. The Constitutional Court notes that the legal regime for entry and exit of foreigners in the territory of the Republic of Belarus, determined by the Law, conforms to point 1 of Article 2 of the Declaration of Human Rights Who Are not Nationals of the Country in Which They Live, adopted by the resolution of the UN General Assembly on December 13, 1985. According to this point, no provision in this Declaration shall be interpreted as restricting the right of any State to promulgate laws and regulations concerning the entry of foreigners and the terms of their stay or to establish differences between nationals and foreigners; however, such laws and regulations shall comply with the international legal obligations of that State, including those in the field of human rights.

The rules for the entry and exit of foreigners in the territory of the Republic of Belarus, defined by the Law, comply with international legal obligations of the State. Restrictions that are imposed thereat do not violate fundamental rights and freedoms stipulated in international treaties on human rights. They take into account the principle of proportionality, while ensuring national security, public order, protection of the morals, public health, rights and freedoms of other persons.

5. Article 65 of the Law provides that an alien may be expelled from the Republic of Belarus in the interests of national security of the Republic of Belarus, public order, protection of the morals, public health, rights and freedoms of citizens of the Republic of Belarus and other persons, if he/she may not be subject to deportation (part one); the expulsion shall be decided by the body of internal affairs or state security (part two), the expulsion may be realized through a voluntary or compulsory departure from the Republic of Belarus (part three).

Article 71 of the Law stipulates that foreigners and their representatives have the right to appeal against decisions and actions (inaction) of state bodies and officials of the Republic of Belarus related to the execution of this Law, a higher state body, a higher official (part one); appellation against decisions and actions (inaction) of state bodies and officials of the Republic of Belarus related to the execution of this Law shall be made according to the civil procedural legislation of the Republic of Belarus after the appeal against such decisions and actions (inaction) to a higher state body, higher official (part two).

The Constitutional Court notes that these rules conform to Article 13 of the International Covenant on Civil and Political Rights, under which an alien lawfully in the territory of a State may be expelled therefrom only in pursuance of a decision reached in accordance with the law and shall, except where compelling reasons of national security otherwise require, be allowed to submit reasons against his expulsion and to have his case reviewed by , and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.

6. The second part of Article 3 of the Law specifies that if an international treaty of the Republic of Belarus establishes other rules than those provided for in the Law, the rules of international treaty shall be applied.

The Constitutional Court considers that the above legal norm complies with the requirements of the Vienna Convention on the Law of Treaties of May 23, 1969, to which the Republic of Belarus joined according to the Decree of the Presidium of the Supreme Council of the Republic of Belarus of April 10, 1986. According to article 26 of the Convention, every treaty in force is binding upon the parties to it and must be performed by them in good faith.

In view of the foregoing, the Constitutional Court deems that by the content of norms the Law does not contradict the Constitution, and is aimed to develop the norms and principles thereof.

By the form of the normative legal act the Law meets the requirements of point 2 of part one of Article 97 and the first part of Article 104 of the Constitution, the first part of Article 15 and the first part of Article 16 of the Law «On Normative Legal Acts of the Republic of Belarus».

The law was adopted by the House of Representatives of the National Assembly of the Republic of Belarus within their competence according to point 2 of part one of Article 97 of the Constitution, approved by the Council of the Republic of the National Assembly of the Republic of Belarus according to the point 1 of part one of Article 98 of the Constitution.

Thus, the Constitutional Court finds that by the content of norms, the form and the adoption procedure the Law conforms to the Constitution.

Being guided by parts one, seven of Article 116 of the Constitution of the Republic of Belarus, parts eight, thirteen, fourteen of Article 24 of the Code of the Republic of Belarus on Judicial System and Status of Judges, subpoint 1.1 of point 1 and point 3 of the Decree of the President of the Republic of Belarus of June 26, 2008 No. 14 «On Certain Measures to Improve the Activities of the Constitutional Court of the Republic of Belarus» the Constitutional Court of the Republic of Belarus

RULED:

1. To find the Law of the Republic of Belarus «On Legal Status of Foreign Nationals and Stateless Persons in the Republic of Belarus» conforming to the Constitution of the Republic of Belarus.

2. The present decision shall come into legal force from the date of its adoption.

3. To publish the present decision according to the legislation.

Presiding Officer- Chairman of the Constitutional Court of the Republic of Belarus P.P.Miklashevich