Procedure for identifying minors who are foreign citizens

Minors who are foreign citizens or stateless persons and are in a socially dangerous situation, or who are in the territory of the Republic of Belarus without a legal representative, are identified by:

• guardianship and trusteeship authorities,
• educational institutions,
• health authorities,
• internal affairs authorities.

FOR REFERENCE:

Foreign citizens in the Republic of Belarus are persons who are not citizens of the Republic of Belarus and have evidence of their belonging to the citizenship of another state

Stateless persons in the Republic of Belarus are persons who are not citizens of the Republic of Belarus and do not have evidence of their belonging to the citizenship of another state.

A child acquires citizenship of the Republic of Belarus at birth if, on the day of the child's birth:

• at least one of the child's parents is a citizen of the Republic of Belarus, regardless of the place of birth of the child;
• the parents (sole parent) of the child, permanently residing in the territory of the Republic of Belarus, are stateless persons, provided that the child was born in the territory of the Republic of Belarus;
• the parents (sole parent) of the child, permanently residing in the territory of the Republic of Belarus, are foreign citizens, provided that the child was born in the territory of the Republic of Belarus, and the states of which their parents are citizens do not grant him their citizenship.

A child in the territory of the Republic of Belarus whose parents are unknown becomes a citizen of the Republic of Belarus.

Guardianship and trusteeship authorities identify the above-mentioned minors under the following circumstances:

• during the consideration of appeals from citizens;
• during the consideration of reports from educational institutions, health authorities, internal affairs authorities, labor and social protection, etc.;
• during counseling by socio-pedagogical institutions of citizens and specialists from educational, health, labor and social protection institutions.

FOR REFERENCE:

For example, an appeal to a socio-pedagogical center or to the department of education, sports and tourism of the district executive committee from a resident of the district who wants to take a minor relative (grandson, nephew, distant relative who previously lived in a foreign country, including in the territory of a CIS country) into their family. The basis for moving the child to the territory of the Republic of Belarus may be:

• the child's parents evading parenting,
• the location of the child's parents is unknown,
• death of parents or sole parent,
• the parents or the sole parent being in places of deprivation of liberty,
• illness of the parents preventing them from fulfilling their parental duties.

When applying, the applicant may express a desire to become the legal representative of a child relocated from another country.

Educational institutions also identify the above-mentioned minors under the following circumstances:

• by analyzing information about students enrolled in the educational institution during the calendar year;
• based on studying the living conditions and upbringing of minors in the family;
• analysis of parental participation in the life of educational institutions;
• analysis of appeals from close relatives, neighbors, and other citizens;
• accounting for minors' attendance at educational institutions.

FOR REFERENCE:

An official of an educational institution is obliged to immediately inform the department of education, sports, and tourism of the district executive committee about the enrollment of a child who is a foreign citizen or a person without citizenship, who does not have a legal representative. This information can be obtained by studying the student's personal file.

For example, in the personal file of such a student, there is no information about where their parents are and what legal relationship they have with the child: relatives or persons in whose family the child, a foreign citizen (person without citizenship), resides, do not present documents indicating that they are guardians (trustees), etc.

Healthcare authorities also identify the above-mentioned minors under the following circumstances:

• when registering women for pregnancy (if there are family and domestic conditions indicating potential difficulties for the pregnancy and the newborn);
• when discharging women from the maternity hospital who have abandoned their newborn child;
• during home visits by healthcare workers to newborns, young children, and disabled children;
• when seeking medical help at a healthcare facility or when calling a doctor to the child's home or to the child's legal representatives;
• when identifying children who have not been visited by their parents (legal representatives) in the hospital for a long time;
• during preventive examinations of children in educational institutions.

Health authorities that have information about these children inform the guardianship and trusteeship authority at the location of these children within the first day. About cases of children's обращения with injuries, suicide attempts among children and adolescents. When parents refuse treatment when a child's life is threatened, healthcare workers of any specialty inform the district pediatrician, who informs the guardianship and trusteeship authority of the city or district executive committee at any time of the day.

The internal affairs bodies also identify the aforementioned minors under the following circumstances:

• based on the study and analysis of the operational situation;
• conducting specialized raids;
• during the identification of foreign citizens who have arrived in the Republic of Belarus and do not have registration at the place of temporary stay;
• reports of minors leaving home, of their search;
• messages from other territorial internal affairs bodies;
• messages from the prosecutor's office, courts;
• information from educational institutions;
• information from healthcare institutions about cases of seeking medical assistance for children injured as a result of violence;
• reports in the media;
• letters, statements and information from citizens;
• reports from healthcare organizations about the hospitalization of children with injuries, poisonings, burns.

Internal affairs bodies that have information about these children immediately inform the guardianship and trusteeship authority at the location of the children, as well as in the event of the deportation of a foreign citizen and a person without citizenship who has minor children.

When identifying minor foreign citizens or persons without citizenship who are in a socially dangerous situation or without a legal representative in the territory of the Republic of Belarus, the following procedure for resolving the situation exists.

The department of education, sports and tourism of the city or district executive committee at the location of the child:

• informs the internal affairs bodies about the presence of an unaccompanied minor foreign citizen in the district (city);
• establishes the nationality of the child;
• studies the situation through conversations with the child, other family members in which he is, studying the available documents of the child, his parents. If during the conversation circumstances are revealed that require the establishment of guardianship, trusteeship, explains to the candidate for guardianship (trustee) the procedure for establishing international guardianship (trusteeship) and issues a list and forms of documents necessary for the establishment of guardianship (trusteeship);
• establishes the last place of residence of the child (his parents) in the country of citizenship of the foreign child, or in the country from which the child without citizenship arrived in the Republic of Belarus;
• promptly contacts the territorial guardianship authority of the child's country of citizenship and within three days from the moment it became known that the child needs guardianship, sends a written request to their address.

The request is sent in order to obtain written evidence of the parents' evasion from raising the child or the absence of parents (copies of the death certificate or court decision on deprivation of parental rights, recognition of parents as incapable, missing, declaration of death of a parent: a document confirming the entry of information about a parent on the words of another parent: a copy of the parents' statement of consent to the adoption of the child in case of refusal of the parents from the child in the form approved by the Ministry of Education of the Republic of Belarus (the consent form must be attached to the request).

If the whereabouts of the child's parents are unknown and it is impossible to establish them without the intervention of the internal affairs bodies, the department of education, sports and tourism of the district executive committee at the location of the child applies to the competent authorities of the child's country of citizenship or the last place of residence (location) of a stateless person, on the need to search for parents and submit to the guardianship and trusteeship authorities of the Republic of Belarus a certificate from the internal affairs bodies on the search for the parents (sole parent) of the child:

• obtaining written confirmations of the measures taken to preserve the property and housing of the child, as well as: copies of documents on the assignment, inheritance of housing, inventory of the child's property indicating the information about the person ensuring its safety and other documents characterizing the scope of state guarantees of the country of citizenship to this child;
• written confirmation by the competent authority of the child's country of citizenship, the country in whose territory was the last place of residence (location) of a stateless person, information on the presence (absence) of appropriate decisions on the appointment of monthly cash payments to the child (for loss of breadwinner, disability, etc.). If the necessary measures to ensure the safety of property, housing, appointment of cash payments (benefits) in relation to the child have not been taken, and there are legal grounds for this, it is necessary to apply to the competent authority of a foreign state to make appropriate decisions, and ask this authority to inform the guardianship and trusteeship authority of the Republic of Belarus in writing about the decisions made;
• obtaining written consent from the competent authority of the child's country of citizenship to establish international guardianship (trusteeship) in the territory of the Republic of Belarus over a child who is a foreign citizen.

The request must necessarily contain a request to provide an answer as soon as possible, indicating that according to Part 5 of Article 117 of the Code of the Republic of Belarus on Marriage and Family, an orphan child or a child left without parental care cannot remain without a legal representative for more than 1 month.

The request addressed to the competent authorities of the child's country of citizenship must be accompanied by the following documents certified by the guardianship and trusteeship authority:

• a copy of the child's birth certificate;
• a copy of the child's passport (if available), it is necessary to attach copies of the passport pages indicating the child's registration (residence) place;
• copies of parents' documents, absence of parents, statements (consent) of parents for the establishment of guardianship and trusteeship by relatives of children residing in the Republic of Belarus (if available);
• a copy of the document identifying the child's relative residing in the Republic of Belarus who wishes to establish guardianship or trusteeship over the child;
• copies of documents confirming the relationship of the candidate for guardianship (trusteeship) with the child (if available). If the candidate for guardianship (trusteeship) lacks documents confirming the relationship with the child, these documents are requested;
• an application from a candidate for guardianship residing in the Republic of Belarus expressing the intention to establish guardianship or trusteeship over a foreign child. The application must contain a request for written permission (from the competent authority of the child's country of citizenship) to establish such guardianship or trusteeship in the territory of the Republic of Belarus.

The procedure for sending requests to the competent authorities of foreign states is as follows.

The request is sent to the territorial competent authorities of the child's country of citizenship or through the diplomatic mission or consular office of the child's country of citizenship located in the Republic of Belarus, or the Consular Department of the Ministry of Foreign Affairs of the Republic of Belarus (220030 Minsk, K. Marx St., 37a, fax (8-017) 222-26-63).

The request must be signed by the head of the department of education, sports, and tourism of the district executive committee and certified with an official seal.

This procedure can also be applied in cases when, upon identifying a foreign child or a stateless child in the territory of the Republic of Belarus, a citizen of the Republic of Belarus expresses the intention to adopt the child.

Upon receipt from the competent authorities of the child's country of citizenship, or the country in which a stateless person had their last residence (location), of the requested documents (other documents provided for by the legislation of the Republic of Belarus), the decision on international adoption or establishment of international guardianship (custody) is made in the manner prescribed by Chapter 3 (Adoption) or Chapter 5 (Guardianship, Custody) of the Regulations on the Procedure for International Adoption, Establishment of International Guardianship and Custody over Children, approved by Resolution No. 122 of the Council of Ministers of the Republic of Belarus dated January 31, 2007, as well as in accordance with Article 3931"5 of the Civil Procedure Code of the Republic of Belarus (Adoption).

If the competent authority of the child's country of citizenship does not grant the guardianship and trusteeship authority the right to resolve the issue of the child's placement and makes another decision, interaction between the guardianship authorities of both countries should be carried out through negotiations, taking into account the norms of international treaties, the legislation of both countries, and the interests of the child.

In accordance with Article 37 of the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters dated October 7, 2002 (hereinafter referred to as the Convention), the institutions of the Contracting Party whose citizen the person in respect of whom guardianship or trusteeship is established or terminated is, are competent in matters of establishing or terminating guardianship and trusteeship, unless otherwise provided by this Convention.

In accordance with Article 38 of the Convention, if it is necessary to take measures of guardianship or trusteeship in the interests of a citizen of one Contracting Party, whose permanent place of residence, place of stay, or property is located in the territory of another Contracting Party, the institution of that Contracting Party shall immediately notify the institution competent in accordance with Article 37 of the Convention. In cases that do not tolerate delay, the institution of another Contracting Party may itself take the necessary temporary measures in accordance with its legislation. In doing so, it is obliged to immediately notify the institution competent in accordance with Article 37 of the Convention. These measures remain in force until the institution specified in Article 37 makes another decision.

The collection of missing documents necessary for the subsequent establishment of international guardianship, trusteeship, or international adoption in accordance with the legislation of the Republic of Belarus is carried out in the ordinary course of business through subsequent correspondence with the competent authorities of the child's country of citizenship.

In the event that a citizen of the Republic of Belarus, who is a relative of the child, due to age, state of health, and other factors does not meet the requirements established by the legislation of the Republic of Belarus for the candidacy of a guardian or trustee, or there are no grounds for establishing guardianship (trusteeship), the education, sports, and tourism department of the district executive committee initiates the issue of relocating the child (over 3 years old) to the country of citizenship through transit institutions of the Ministry of Internal Affairs system, through which the international transportation of minors is carried out, in accordance with the regulations of the Agreement on Cooperation between the CIS Participating States in the Issues of Returning Minors to Their States of Permanent Residence, signed in Chisinau on October 7, 2002 (entered into force for the Republic of Belarus on July 7, 2006).

State provision for orphaned children and children left without parental care who are foreign citizens or stateless persons and are located in the territory of the Republic of Belarus

Orphaned children and children left without parental care residing in the territory of the Republic of Belarus, regardless of their citizenship, have the right to receive all guarantees for social protection provided by the Law of the Republic of Belarus "On Guarantees for Social Protection of Orphaned Children, Children Left Without Parental Care, Persons from Among Orphaned Children and Children Left Without Parental Care," since:

• the said Law does not establish any restrictions related to the child's citizenship;
• Article 11 of the Constitution of the Republic of Belarus proclaims that foreign citizens and stateless persons in the territory of the Republic of Belarus enjoy rights and freedoms and fulfill duties on an equal basis with citizens of the Republic of Belarus, unless otherwise determined by the Constitution, laws, and international treaties;
• Article 6 of the Law of the Republic of Belarus "On the Rights of the Child" states that all children have equal rights regardless of origin, national and civil affiliation, social and property status, gender, language, education, attitude to religion, place of residence, state of health, and other circumstances relating to the child and his parents;
• Paragraphs 1 and 3 of Article 27 of the Convention on the Rights of the Child establish that the participating States of the said Convention:
• recognize the right of every child to a standard of living necessary for the physical, mental, spiritual, moral, and social development of the child;
• take all necessary measures to ensure the restoration of the child's maintenance by the parents or other persons financially responsible for the child, both within the participating State and from abroad;
• Article 36 of the Convention on the Rights of the Child stipulates that the establishment or termination of guardianship and trusteeship is carried out in accordance with the legislation of the Contracting Party whose citizen is the person in respect of whom guardianship or trusteeship is established or terminated. Legal relations between the guardian or trustee and the person under guardianship or trusteeship are regulated by the legislation of the Contracting Party whose authority appointed the guardian or trustee. The obligation to assume guardianship or trusteeship is established by the legislation of the Contracting Party whose citizen is the person appointed as guardian or trustee. A citizen of another Contracting Party may be appointed as a guardian or trustee of a person who is a citizen of one Contracting Party if he resides in the territory of the Contracting Party where guardianship or trusteeship will be exercised.

If a child is a foreign citizen (a person without citizenship) and/or his guardian (trustee) has expressed a desire (asked a question) about the possibility of acquiring citizenship of the Republic of Belarus by this child, the education, sports and tourism department of the district executive committee acquaints him (them) with the provisions of the Law of the Republic of Belarus "On Citizenship of the Republic of Belarus". In particular, Article 15 of the said Law establishes that children residing in the territory of the Republic of Belarus, whose sole known parent or both parents have died, been deprived of parental rights, refused to raise the child or gave consent to his adoption, have been declared incapable by a court order, are missing or declared dead, as well as incapable persons under guardianship or trusteeship, may acquire citizenship of the Republic of Belarus by registration upon application of the guardian (trustee) agreed with the guardianship and trusteeship authority.