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THE ORDER OF OPERATIONAL ANALYTICAL CENTER IN CASE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS

of March 3, 2018 No. 22

About approval of criteria for evaluation of risk degree for selection of the checked subjects when carrying out selective check of accomplishment by licensees of the legislation on licensing, licensed requirements and conditions of implementation of activities for technical and (or) cryptographic information security

Based on part three of Item 9 of the Presidential decree of the Republic of Belarus of October 16, 2009 No. 510 "About enhancement of control (supervising) activities in the Republic of Belarus" PRIKAZYVAYU:

1. Approve the enclosed criteria for evaluation of risk degree for selection of the checked subjects when carrying out selective check of accomplishment by licensees of the legislation on licensing, licensed requirements and conditions of implementation of activities for technical and (or) cryptographic information security.

2. This order becomes effective after its official publication.

Chief

A. Yu. Pavlyuchenko

Approved by the Order of Operational analytical center in case of the President of the Republic of Belarus of March 3, 2018 No. 22

Criteria for evaluation of risk degree for selection of the checked subjects when carrying out selective check of accomplishment by licensees of the legislation on licensing, licensed requirements and conditions of implementation of activities for technical and (or) cryptographic information security

1. These criteria for evaluation of risk degree for selection of the checked subjects when carrying out selective check of accomplishment by licensees of the legislation on licensing, licensed requirements and conditions of implementation of activities for technical and (or) cryptographic information security (further – criteria) are developed according to part three of Item 9 of the Presidential decree of the Republic of Belarus of October 16, 2009 No. 510 "About enhancement of control (supervising) activities in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 253, 1/11062) and based on technique of forming of system of assessment of the risk degree approved by the resolution of Council of Ministers of the Republic of Belarus of January 22, 2018 No. 43 "About technique of forming of system of assessment of risk degree" (The national legal Internet portal of the Republic of Belarus, 25.01.2018, 5/44727).

2. In these criteria terms in the values determined in the Presidential decree of the Republic of Belarus of October 16, 2009 No. 510, the Presidential decree of the Republic of Belarus of September 1, 2010 No. 450 "About licensing of separate types of activity" are used (The national register of legal acts of the Republic of Belarus, 2010, No. 212, 1/11914), the resolution of Council of Ministers of the Republic of Belarus of January 22, 2018 No. 43.

3. According to criteria the list of the subjects having high risk of violation of the licensed legislation (further – the list), from among the licensees having special permission (license) for activities for technical and (or) cryptographic information security is created (further – the license).

4. The list is created step by step according to the procedure, provided in criteria.

5. At the first stage the subjects determined according to Item 13 of appendix 1 to the Regulations on licensing of separate types of activity approved by the Presidential decree of the Republic of Belarus of September 1, 2010 No. 450, are distributed on the risk degree depending on the complexity and importance making the licensed type of activity of works and (or) services (activities for technical and (or) cryptographic information security).

The risk degree of each subject is estimated taking into account the total amount of points charged depending on complete structure of the works and (or) services constituting the licensed type of activity and fixed in the license with use of the point appropriated to each criterion for evaluation of risk degree according to appendix.

6. At the second stage the risk degree of subjects is determined by the following criteria for evaluation of risk degree:

availability of information on unremovable violations of the law about licensing, licensed requirements and conditions – on each fact of violation is charged 15 points;

availability of regular removable violations of the law about licensing, licensed requirements and conditions (two facts within 12 months in a row or two facts within 36 months) – on each fact of violation is charged 10 points.

7. At the third stage the risk degree of each subject which is calculated as score, added to subjects at the first and second stages is determined.

8. At the fourth stage the list of subjects with high risk is created.

Reference of the subject to group of subjects with high risk is performed if the risk degree appropriated to the subject exceeds the indicator of high risk which is calculated by formula

Формула к Критериям утв. Приказом от 03.03.2018 №22

where IV – the indicator of high risk;

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