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Belarusian nationality law: Difference between revisions

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{{short description|none}} <!-- "none" is preferred when the title is sufficiently descriptive; see [[WP:SDNONE]] -->
[[Image:Coat of arms of Belarus.svg|right|200px]]
{{refimprove|date=June 2022}}
{{Infobox legislation
|short_title = Belarusian Citizenship Act
|legislature = [[Parliament of Belarus]]
|image = Coat of arms of Belarus (2020).svg
|imagesize =
|imagealt =
|caption =
|long_title = An Act relating to Belarusian citizenship
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|enacted_by = [[Government of Belarus]]
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'''Belarusian citizenshipnationality law''' isregulates membershipthe manner in thewhich politicalone communityacquires, ofor theis eligible to acquire, [[Belarus|RepublicBelarusian]] ofnationality, Belarus]]citizenship. Belarusian citizenscitizenship holdis [[citizenship]]membership in the [[Unionpolitical State|Union Statecommunity of Russiathe andRepublic of Belarus]].
 
Belarusian citizenship is acquired and terminated in accordance with the [[Citizenship]] Act of the [[Republic of Belarus]] (2002), as well as international treaties to which [[Belarus]] is a party. --These Treatytreaties withinclude [[Ukraine]]a (1999),1998 Treatytreaty with [[Kazakhstan]] (1998), Treatya between1999 treaty with [[RussiaUkraine]], and a 1999 treaty with [[Kazakhstan]], [[Kyrgyzstan]] and [[BelarusRussia]] (1999).
 
Only a person who is a Belarusian citizen by birth can be the President of the Republic of Belarus.
 
==History==
 
===Belarusian citizenship infrom 1917- to 1991===
Regulations regarding Belarusian citizenship were issued by the Belarusian government from 1917-1991 and by the government of the [[USSR|Soviet Union]] from 1924-1991.
 
The ''Aliens Decree'' was issued on 4 August 4, 1922, by the [[Sovnarkom]] of the [[Belarusian SSR|Belarusian Soviet Socialist Republic]]. According to this decree, all subjects of the former [[Russian Empire]] who had permanent residence in the Byelorussian SSR, including refugees, were recognized as citizens of the Byelorussian SSR. Citizens of other Soviet Republics (such as the [[Russian Soviet Federative Socialist Republic]]) shared common rights and obligations with citizens of the Byelorussian SSR. All adults (except in the cases listed below) could apply for Belarusian SSR citizenship, and the children younger than 14 years of age of those who were granted Belarusian SSR citizenship acquired Byelorussian SSR citizenship automatically; the consent of children over 14 was necessary. Additionally, anyone could renounce citizenship. The following groups of people were deprived of citizenship (unless they received passports in consulates of Soviet Republics before 1 January 1, 1923):
* persons who left the country without proper permission of Soviet government
* persons who struggled against the Soviet government
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The Citizenship Act of the USSR (1930) and the Citizenship Act of the USSR (1931) declared that citizens of the USSR who lived in the territory of a Soviet Republic would become citizens of that Republic, unless they chose citizenship of another Soviet Republic in connection with their ethnic origin.
 
Up to the dissolution of Soviet Union, citizenship legislation became increasingly centralizedcentralised. Legal norms regarding Belarusian citizenship by birth were revoked in order to bring Belarusian family law in accordance with the [[Family in the Soviet Union|Principles of Legislation on Marriage and the Family of the USSR and the Union Republics]] (1968).
 
===Belarusian citizenship infrom 1991- to 2002===
 
The first citizenship act after the Belarusian declaration of independence was adopted on October 18, October 1991.
 
The Citizenship Act (1991) has not declared succession of citizenship of the [[Byelorussian SSR]].
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* by birth
* by naturalization
* by registration (since amendments of June 15,1993 1993amendments)
 
Citizenship by birth could be acquired if both of the parents were citizens of the [[Republic of Belarus]]. The same applied if only one of the parents was a citizen of Belarus and at the same time the child was born in Belarus, or in the case where at least one of his parents had permanent residence in Belarus. Citizenship was also granted to a child that was born in Belarus to stateless parents.
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Citizenship by naturalization could be gained if the applicant:
* had permanent residence in Belarus for 7 years preceding application
* had sufficient knowledge of one of the state languages ([[Belarusian language|Belarusian]] or [[Russian language|Russian]])
* had a legal source of income in Belarus
 
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Citizenship by naturalization can be gained if the applicant:
* had permanent residence in Belarus for 7 years preceding the application
* has enough knowledge of one of the state languages (Belarusian or Russian)
* has legal income
* has no foreign citizenship, or will lose the foreign citizenship after acquisition of Belarusian citizenship, or has renounced his citizenship
 
The required period of residence can be reduced for several categories of people, including ethnic Belarusians, the descendants of ethnic Belarusians born abroad, people who held Belarusian citizenship in the past, and people who have made significant contributions to development of [[Belarus]]).
 
Citizenship by registration can be acquired by:
* people who holdheld [[USSR]] citizenship and were born in [[Belarus]], or had a place of residence in [[Belarus]] before 12 November 12, 1991, as well as their spouses who hold citizenship ofheld [[USSR|Soviet]], citizenship and their descendants
* a child of a Belarusian citizen
* an adopted child
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===Termination of citizenship===
 
Belarusian citizenship can be terminated by: [[renunciation of citizenship|renunciation]] and [[loss of citizenship]], such as by entering the military service, police service or government service in another state.
 
* [[renunciation of citizenship]]
According to the Nationality Act, only persons 18 years and older may renounce their citizenship, as long as they possess another citizenship or guarantee of acquisition thereof, do not have any debts or unfulfilled obligations and are not under criminal prosecution. Under 18s must have a renouncing application submitted by their parent(s).
* loss of citizenship, such as by entering the military service, police service or government service in another state.
 
In practice, not [[conscription|military service]] can be used as grounds for refusing renunciation, even for minors, as it is considered an 'unfulfilled obligation'.<ref>{{cite web | url=https://news.zerkalo.io/life/61604.html | title=Украинец и белоруска хотели вывести ребенка из белорусского гражданства. Власти нашли удивительный повод для отказа | date=20 February 2024 }}</ref>
 
==Visa requirements==
{{main|Visa requirements for Belarusian citizens}}
[[File:Visa requirementsRequirements for Belarusian citizensCitizens.png|thumbnailsvg|400px|rightthumb|Visa requirements for Belarusian citizens{{legend|#324063|Belarus}}{{legend|#4aa657|Visa free}}{{legend|#b5e61d|Visa issued upon arrival}}{{legend|#d3f07d|Electronic authorization or eVisa}}{{legend|#9ff17c|Visa-free for groups}}{{legend|#c3c3c3|Visa required prior to arrival}}]]
{{legend|#002377|Belarus}}
In 2015, Belarusian citizens had visa-free or visa on arrival access to 62 countries and territories, ranking the [[Belarusian passport]] 72nd in the world according to the [[Visa (document)#Visa Restrictions Index|Visa Restrictions Index]].
{{legend|#1191E5|Free movement ([[Union State]])}}
 
{{legend|#22B14C|Visa free access}}
==External links==
{{legend|#B5E61D|Visa on arrival}}
*[http://www.mfa.gov.by/en/ Ministry of Foreign Affairs]
{{legend|#61C7A1|[[eVisa]]}}
*[http://www.scipio.fatal.ru/bssr.html Aliens Decree 1922 (in Russian)]
{{legend|#79D343|Visa available both on arrival or online}}
*[http://www.pravo.by/webnpa/text_txt.asp?RN=H10200136 Citizenship Act 2002 (in Russian)]
{{legend|#ABABAB|Visa required prior to arrival}}]]
*[http://www.uvd-mo.gov.by/services/pvs/ppvzak/uprcitiz/ Treaty with Ukraine, Treaty between Russia, Kazakhstan, Kyrgyzstan and Belarus (in Russian)]
In 20152024, Belarusian citizens had visa-free or visa on arrival access to 6281 countries and territories, ranking the [[Belarusian passport]] 72nd66th in theterms worldof travel freedom according to the [[VisaHenley_Passport_Index]]. (document)#VisaPossession Restrictionsof Index|Visaa RestrictionsBelarusian Index]]passport is compulsory under the law.
 
==See also==
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*[[Visa requirements for Belarusian citizens]]
 
==References==
<br/>{{Belarus topics}}
<references />
 
==External links==
*[http://www.mfa.gov.by/en/ Ministry of Foreign Affairs]
*[https://web.archive.org/web/20060821224251/http://www.scipio.fatal.ru/bssr.html Aliens Decree 1922 (in Russian)]
*[http://www.pravo.by/webnpa/text_txt.asp?RN=H10200136 Citizenship Act 2002 (in Russian)]
*[https://web.archive.org/web/20050317072900/http://www.uvd-mo.gov.by/services/pvs/ppvzak/uprcitiz/ Treaty with Ukraine, Treaty between Russia, Kazakhstan, Kyrgyzstan and Belarus (in Russian)]
 
<br/>{{Belarus topics}}
{{Nationality laws}}
 
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[[Category:Nationality law]]
[[Category:History of nationality]]
[[Category:BelarusianSociety societyof Belarus]]
[[Category:BelarusianLaw lawof Belarus]]