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RESOLUTION OF THE MINISTRY OF ANTI-MONOPOLY REGULATION AND TRADE OF THE REPUBLIC OF BELARUS

of June 28, 2017 No. 30

About approval of the Instruction about procedure for consideration by the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of claims when implementing public procurements

Based on pstatya part two "About public procurements of goods (works, services)" the Ministry of anti-monopoly regulation and trade of the Republic of Belarus DECIDES: 55 Laws of the Republic of Belarus of July 13, 2012

1. Approve the enclosed Instruction about procedure for consideration by the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of claims when implementing public procurements.

2. Recognize invalid:

the resolution of the Ministry of Trade of the Republic of Belarus of May 23, 2014 No. 45 "About modification of the resolution of the Ministry of Trade of the Republic of Belarus of June 26, 2013 No. 12" (The national legal Internet portal of the Republic of Belarus, 11.06. 2014, 8/28745);

the resolution of the Ministry of Trade of the Republic of Belarus of January 21, 2015 No. 3 "About modification and amendments in the resolution of the Ministry of Trade of the Republic of Belarus of June 26, 2013 No. 12" (The national legal Internet portal of the Republic of Belarus, 13.02. 2015, 8/29612).

3. This resolution becomes effective after its official publication.

Minister

V. V. Koltovich

Approved by the Resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of June 28, 2017 No. 30

The instruction about procedure for consideration by the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of claims when implementing public procurements

Chapter 1. General provisions

1. This Instruction determines procedure for consideration by the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of claims to actions (failure to act) and (or) decisions of the customer (organizer), the commission and (or) its members, commodity exchange, the operator of electronic trading platform, the operator of the official site when implementing the public procurements (further - the claim) given by participants or other legal entities or physical persons, including individual entrepreneurs in case of violation of their rights and legitimate interests.

2. For the purposes of this Instruction the terms and their determinations containing in the Law of the Republic of Belarus of July 13, 2012 "About public procurements of goods (works, services)" are used (The national legal Internet portal of the Republic of Belarus, 21.07. 2012, 2/1971).

Chapter 2. Commission on consideration of claims

3. For consideration of claims in the Ministry of anti-monopoly regulation and trade of the Republic of Belarus the commission on consideration of claims which chairman, the vice-chairman and other members are determined by the order of the Minister of anti-monopoly regulation and trade of the Republic of Belarus is created.

The number of members of the commission on consideration of claims shall not be less than five people.

4. The commission on consideration of claims is competent to consider the claim if at its meeting there is at least a half from total number of her members. The decision is made by the commission on consideration of claims by a simple majority vote of her members who were present at meeting. If the member of the commission on consideration of claims does not agree with the decision, he states in writing special opinion which is integral part of the protocol.

5. On commission session on consideration of claims the minutes are taken. The meeting taking the minutes, and also shorthand, audio-or videos of meeting is entrusted to chairmen to one of members of the commission on consideration of claims.

Chapter 3. Persons participating in consideration of claims

6. Persons participating in consideration of the claim are:

the applicant - the participant or other legal entity or physical person, including the individual entrepreneur who made the complaint;

the defendant - the customer (organizer), commodity exchange, the operator of electronic trading platform, operator of the official site, the complaint is made about actions (failure to act) and (or) solutions of which;

other participants and persons - other participants and persons, except the applicant which rights and legitimate interests can be infringed in result of consideration of the claim.

7. Persons participating in consideration of the claim having the right to perform the rights and obligations independently or through representatives. Powers of representatives shall be confirmed with the power of attorney or other document supporting their powers.

8. The audio recording, photo and video filming of commission session on consideration of claims by persons participating in consideration of the claim are allowed with the permission of the chairman on commission session on consideration of claims. In case of implementation of audio recording, photo and video filming of commission session on consideration of claims in the minutes the corresponding mark becomes about it.

Chapter 4. Consideration of claims

9. The claims submitted to the Ministry of anti-monopoly regulation and trade of the Republic of Belarus are subject to registration in day of receipt. The order of the Minister of anti-monopoly regulation and trade of the Republic of Belarus determines the structural division providing preparation of materials for consideration and decision making according to claims (further - structural division).

10. The claim is not subject to consideration and returns to the applicant who submitted it within three working days following behind day of its receipt in cases, stipulated in Item the 7th article 55 of the Law of the Republic of Belarus "About public procurements of goods (works, services)".

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