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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of April 12, 2018 No. 135

About obligatory legal examination of technical regulatory legal acts

For the purpose of improvement of quality of preparation of technical regulatory legal acts, exception of excessive technical requirements to business and other economic activity, and also creations of proper legal conditions for work of subjects of managing:

1. Determine that:

1.1. are subject to obligatory legal examination (further - examination):

technical regulatory legal acts (1), the Republic of Belarus which is according to legal acts and resolutions of Council of Ministers legal entities and individual entrepreneurs, obligatory for observance;

technical regulatory legal acts (1) which obligation of observance by legal entities and individual entrepreneurs is provided by drafts of legal acts and resolutions of Council of Ministers of the Republic of Belarus;

______________________________

(1) Except for technical regulations of the Republic of Belarus, technical regulatory legal acts containing the state secrets and also the technical regulatory legal acts approved by subjects of managing.

1.2. expertize of technical regulatory legal acts is carried out by the National center of legal information according to the procedure, determined by Council of Ministers of the Republic of Belarus in coordination with Administration of the President of the Republic of Belarus;

1.3. criteria for evaluation of the technical regulatory legal acts provided for examination are:

compliance to their legal acts and resolutions of Council of Ministers of the Republic of Belarus;

inadmissibility of fixing in such acts of the provisions requiring settlement at the level of the regulatory legal acts which are not technical.

When conducting examination of technical regulatory legal acts assessment is not performed:

justification of the choice of type of technical regulatory legal act, and also feasibility, sufficiency and completeness of the legal regulation provided by it;

compliance of their provisions to requirements of the rule-making equipment, including to requirements to procedure for development, creation, statement and execution of texts of such acts;

compliance of such acts to other technical regulatory legal acts;

the indexes established in them, coefficients, classification groups, standard rates, limits and other indicators, and also formulas of their calculation;

justification and correctness of application of highly specialized terms, determinations and concepts, choice of techniques of accomplishment of measurements (researches), production (technology) and other processes;

International accounting standards and their Explanations, forms of the state and departmental reporting, nation-wide qualifiers, and also projects of zones of protection of immovable material historical and cultural values;

1.4. state bodies and the organizations (officials) who adopted (published) technical regulatory legal acts send them to the National center of legal information for conducting examination and inclusion by its results in the National register of legal acts of the Republic of Belarus:

in time no later than five working days from the date of their acceptance (edition) (2);

in the form of electronic documents or files with texts of these acts corresponding to texts of originals on the papers certified by the digital signature by means of the automated information system providing forming of the National register of legal acts of the Republic of Belarus, and in exceptional cases in case of impossibility of such representation for the reasons, independent of state bodies, - in the form of copies of the original on papers.

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