The Law of April 15, 2026, “On Amendments to Codes on Issues of Administrative Liability” has supplemented the Code of Administrative Offenses with several provisions related to the exercise of freedom of association. These provisions entered into force two months after the official publication of the law, i.e., on June 19, 2026.
As reported in previous CSO Meter updates, the law amended the Code of Administrative Offences to introduce administrative liability under Article 19.16 for the so-called “propaganda” of homosexual relationships, gender transition, childlessness, as well as for disseminating information about the acceptability of pedophilia. The law also contains provisions that directly affect the legal framework for the receipt of domestic sponsorship assistance.
Besides this concerning provision of the law, the strengthening and broadening of liability for violations related to the receipt of domestic financial aid, gratuitous (sponsorship) assistance, are also significant for the activities of a wide range of civil society organisations.
Liability expands in several areas
The revised Article 24.53 of the Code of Administrative Offenses significantly expands the scope of liability for violations of legislation on gratuitous (sponsorship) assistance:
- Unlike the previous version, which established liability only for the provision and use of assistance prohibited by law, the new provision also covers receipt of such assistance. This means that liability now applies not only to donors (sponsors) and organisations that distribute resources, but also to the recipients of aid themselves, including CSOs-recipients, even if they did not actually use the assistance they had received.
- Second, the wording of the offense has been changed: instead of the narrower criterion of “providing aid prohibited by legislative acts,” a broader, more vaguely defined category is used:“providing, receiving, and using aid in cases prohibited by legislative acts.” This broadens the scope of application of the provision, as it can cover any situation in which legal requirements are violated. It extends to a broader and not clearly defined range of “cases prohibited by legislative acts” (in the Belarusian legal hierarchy, not only laws but also presidential edicts are classified as legislative acts).
- Third, the forms of assistance are explicitly listed (funds, property, works, services).
- The new edition of the Article 24.53 explicitly extends liability to legal entities, which were not previously explicitly covered. Previously, the article did not explicitly mention the liability of organisations, it now provides for separate sanctions for them (including the different forms of CSOs).
- Additionally, a separate offense has been established by the second paragraph of the Article 24.53: misuse of gratuitous (sponsorship) assistance, which allows liability even when funds were lawfully received but their use is deemed inconsistent with designated purposes (its means for improper use per se, without misappropriation). This means that even if funds are obtained legally, an organisation may be held liable if the use of those funds is deemed inconsistent with the purposes set forth in a contract, in legislation, or in the organisation's charter.
Effect on civil society and additional obligations
These changes significantly increase risks for CSOs receiving or distributing domestic funding. The expansion of offenses and the introduction of liability for receiving assistance, as well as for its misuse, create conditions for broader and potentially arbitrary application of the law, especially given the absence of clear criteria for assessing targeted use. The introduction of liability for legal entities and the detailing of sanctions increase the likelihood of penalties for formal violations.
The importance of properly documenting all stages of managing funding received from legal entities and individual entrepreneurs registered in the Republic of Belarus has increased significantly. Recipients must now document:
- Sources of funding;
- Purposes for which the assistance is used;
- All the expenses;
- Alignment of actual activities with stated objectives.
It is important for CSOs to clearly distinguish between sources of funding. Article 24.53 applies to gratuitous assistance provided by legal entities and individual entrepreneurs registered in Belarus. The legal regulation of the provision, receipt, and use of such assistance is governed by Edict № 300 of July 1, 2005, “On Gratuitous (Sponsorship) Aid.” Foreign assistance and donations from individuals residing in Belarus are regulated by another groups of provisions. Incorrect classification of the type of funding may lead to the application of incorrect requirements and, as a result, to a violation of the law.
Particular attention should be paid to the legal admissibility of receiving such assistance. Organisations must assess not only the source of funding itself but also the conditions under which it is provided, including its purposes, methods of use, and compliance with established restrictions. Proper formalisation of contractual relationships is of key importance. A written contract is required.
The legislation of Belarus on foreign gratuitous assistance is subject to regular amendments. In particular, significant amendments to Criminal Code adopted 17 February 2025 further tightened liability for violations related to the receipt and/or use of foreign gratuitous assistance. Unlike current new liability for violations involving domestic gratuitous (sponsorship) assistance, liability in the area of foreign aid is considerably more severe and is established under the criminal law. In particular, Article 3692 of the Criminal Code of Belarus provides for criminal liability, including a fine, arrest, restriction of liberty for a term of up to three years, or imprisonment for up to two years. Since 2025, criminal convictions for violating procedures related to receiving foreign aid serve as grounds for including persons in the list of those involved in extremist activity. These persons are subject to serious restrictions on their civil legal capacity, in addition to criminal punishment.