Lukashenka Secretly Adopted ‘Law’ On Belarusians’ Property Confiscation

The “law” was published tonight.

Belarus has adopted a law “On confiscation of property”. They did it secretly. On the night of January 6, it was published on the National Legal Internet Portal.

The portal zerkalo.io briefly told who it can affect, what property will be seized, and how.

It is noted that the law was adopted “taking into account the need for an urgent and effective response to existing threats to the national interests of the Republic of Belarus in the regime of special restrictive measures” and is aimed at “ensuring the national security of the Republic of Belarus, its economic stability, protecting the rights and legitimate interests of Belarusian legal and (or ) individuals, the interests of society and the state”.

It also states that the seizure occurs “for the reasons of the state’s necessity”.

Who is affected by this law?

First of all — foreign states, but not only them. In short, all those who committed “unfriendly actions” or pushed foreign states to such actions in relation to Belarus. This applies to both individuals and legal entities, the place of registration does not matter, namely:

“affiliated persons — legal entities and (or) individuals who directly and (or) indirectly (through other legal entities and (or) individuals) determined the decision to commit unfriendly actions or influenced the adoption of such a decision by foreign states <...> as well as legal and (or) individuals dependent on the decisions of persons from such states and included in the list determined by the Council of Ministers of the Republic of Belarus”;

“persons from foreign states committing unfriendly actions are foreign persons associated with foreign states <...> committing unfriendly actions against Belarusian legal entities and (or) individuals <...> and persons who are under the control of these foreign persons, regardless of the place of their registration or the place of their primary conduct of economic activity.”

At the same time, the law does not specify what kind of actions fall under the concept of “unfriendly”, and how to determine whether a person is “under the control of foreign persons”.

However, it is noted that the seizure of property will take place “exclusively as a response measure to the commission of unfriendly actions against the Republic of Belarus, its legal entities and (or) individuals.”

What is the mechanism for the seizure of property?

It is indicated that the basis for the seizure of objects of property rights is “committing unfriendly actions against the Republic of Belarus, as well as its legal entities or individuals.”

The decision on the need for withdrawal is made by the government. After that, the State Property Committee must apply to the Economic Court of Minsk with a statement.

The court must consider such an application within a month. Its decision can be appealed in the “order established by the law”.

“Seized objects of property rights, in respect of which no registration and (or) accounting is required, become the property of the Republic of Belarus from the date of the decision of the court,” the law says.

And for example, the money goes directly to the republican budget.

What property can be seized

Seems like any property.

The law lists cash, stocks, bonds, securities, real estate, vehicles and “other objects of ownership”.

When will the law come into force?

The law comes into force 10 days after its official publication. However, the government was given six months to take steps to implement it.

The bill was adopted by the “house of representatives” and the “council of the republic” on December 21, 2022. At the same time, the press services of the lower and upper “houses of parliament”, as well as the state media, did not report on it.

Lukashenka’s press service did not mention it either, although it usually diligently announces the signing of any decrees or bills by him.

The bill was also not published in a special database on the National Legal Internet Portal, where all draft laws end up sooner or later.

The document, which, after Lukashenka's signature and its official publication, received the status of a law, appeared on the National Legal Internet Portal on the night of December 6.