DECREE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS

of November 23, 2017 No. 7

About development of entrepreneurship

For the purpose of development of entrepreneurial initiative, stimulation of business activity and according to part three of article 101 of the Constitution of the Republic of Belarus I decide:

1. Determine that interaction of state bodies, other state organizations (further if other is not provided, – state bodies), their officials with legal entities and individual entrepreneurs (further if other is not provided, – subjects of managing) is based on the following principles:

presumptions of conscientiousness of subjects of managing;

self-regulation of business and minimization of intervention of state bodies, their officials in business and other economic activity (further – economic activity) subjects of managing;

combinations of the declarative principle of state registration of subjects of managing and notifying procedure for the beginning of implementation of separate types of economic activity;

need of receipt of special permission (license) only for implementation of the economic activity which is potentially integrated to damnification threats to the state or public concerns, to the environment, life, health, the rights and legitimate interests of citizens;

priority orientation of work of the controlling (supervising) bodies on prevention of offenses, but it is not exclusive on accountability for the violations made by subjects of managing;

personalisation of responsibility of the head for the proper organization of activities of the subject of managing excluding damnification to the state or public concerns, the environment, life, health, the rights and legitimate interests of citizens;

proportionalities of punishment to nature of the managing of offense made by the subject and to the effects which were caused its making;

the maximum use of information technologies in all processes of interaction of state bodies, their officials and subjects of managing;

openness and availability to subjects of managing of texts of regulatory legal acts, including texts of the technical regulatory legal acts, obligatory for observance, regulating procedure and conditions of implementation of economic activity.

2. Approve:

2.1. the list of types of economic activity about which beginning of implementation by the subject of managing the notification in local executive and administrative organ is submitted (further – the list) (is attached);

2.2. general requirements of fire safety to content and operation of capital structures (buildings, constructions), the isolated rooms and other objects belonging to subjects of managing (are attached);

2.3. general sanitary and epidemiologic requirements to content and operation of capital structures (buildings, constructions), the isolated rooms and other objects belonging to subjects of managing (are attached);

2.4. general requirements in the field of environmental protection to content and operation of capital structures (buildings, constructions), the isolated rooms and other objects belonging to subjects of managing (are attached);

2.5. general requirements in the field of veterinary science to content and operation of capital structures (buildings, constructions), the isolated rooms and other objects belonging to subjects of managing (are attached).

3. Determine that:

3.1. the subject of managing intending to perform type of economic activity, included in the list notifies on it local executive and administrative organ by means of submission of the written notice through service "one window" or the directions by its registered mail with the assurance of receipt or with use of the single portal of electronic services. In the notification information on compliance of the subject of managing, his workers performed by it activities and the parcels of land, held for use in the course of its implementation, capital structures (buildings, constructions), the isolated rooms, the equipment, vehicles and other objects to requirements, stipulated by the legislation is specified.

The notification form, procedure for its direction in local executive and administrative organ, and also accounting treatment for notifications are established by Council of Ministers of the Republic of Belarus.

Information on the received notifications (1) it is posted by local executive and administrative organs on their official sites on the global computer Internet no later than three working days from the date of receipt of such notifications;

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(1) Except for the notifications directed with use of the single portal of electronic services.

3.2. from the date of, the direction of the notification following behind day, the subject of managing has the right to begin implementation of the type of economic activity declared in the notification irrespective of inclusion of information on this subject, its activities and the objects belonging to it in registers, registers, bases and databanks, information systems and other information resources, implementation of other ministerial procedures taking into account the requirements provided by this subitem.

The subject of managing which directed the notification on implementation of activities for production of food products shall address within a month from the date of the direction of such notification to the bodies and organizations exercising the state sanitary inspection behind receipt of the sanitary and hygienic conclusion issued by results of conducting the state sanitary and hygienic examination. This expertize is carried out only regarding compliance of activities of the subject of managing to requirements of this Decree.

The procedure and conditions of conducting the state sanitary and hygienic examination are established by Council of Ministers of the Republic of Belarus.

By legal acts or according to them need of passing by the subject of managing of other ministerial procedures after the beginning of implementation of the declared type of economic activity can be provided;

3.3. in case of the termination, suspension or renewal of implementation of the type of economic activity included in the list, the subject of managing notifies on it local executive and administrative organ;

3.4. receipt of special permission (license), inclusion of information on this subject or the objects belonging to it in registers, registers, bases and databanks, information systems and other information resources, and also implementation of other ministerial procedures can be required by the subject of managing to start implementation of the types of economic activity which are not included in the list.

The single list of the ministerial procedures performed by state bodies and other organizations concerning subjects of managing affirms the President of the Republic of Belarus;

3.5. subjects of managing in the course of implementation of economic activity shall observe general requirements of fire safety, sanitary and epidemiologic requirements, requirements in the field of environmental protection, requirements in the field of veterinary science to content and operation of capital structures (buildings, constructions), the isolated rooms and other objects belonging to subjects of managing.

Other requirements of fire safety, sanitary and epidemiologic requirements, requirements in the field of environmental protection, the requirements in the field of veterinary science to content and operation of capital structures (buildings, constructions), the isolated rooms and other objects belonging to subjects of managing containing in technical regulatory legal acts (2), are subject to application at the discretion of subjects of managing. These requirements can not be observed by subjects of managing on condition of providing in the course of economic activity of the safety excluding damnification to the state or public concerns, the environment, life, health, the rights and legitimate interests of citizens if other is not provided by this Decree and other decisions of the President of the Republic of Belarus.

At the same time subjects of managing provide normal conditions for accomplishment by workers of regulations of work according to Article 89 of the Labor code of the Republic of Belarus;

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(2) Except for the requirements provided by technical regulations of the Republic of Belarus.

3.6. technical regulatory legal acts (3), the Republic of Belarus which is according to legal acts and resolutions of Council of Ministers subjects of managing, obligatory for observance, is subject:

to the obligatory legal expertize which is carried out by the National center of legal information regarding their compliance to legal acts and resolutions of Council of Ministers of the Republic of Belarus, and also availability in them of the provisions requiring settlement at the level of the regulatory legal acts which are not technical. The procedure for conducting such examination is determined by Council of Ministers of the Republic of Belarus in coordination with Administration of the President of the Republic of Belarus (4);

to inclusion in the National register of legal acts of the Republic of Belarus;

to official publication on the National legal Internet portal of the Republic of Belarus, and also to placement on other information resources on the global computer Internet (5);

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(3) Except for the technical regulatory legal acts approved by subjects of managing.

(4) Provisions of paragraph two of subitem 3.6 of Item 3 are not applied to the technical regulations of the Republic of Belarus and technical regulatory legal acts containing the state secrets.

(5) If other is not established by the international obligations of the Republic of Belarus.

3.7. technical regulations of the Republic of Belarus are developed only concerning products (6), products included in the single list concerning which requirements, obligatory for observance, within the Eurasian Economic Union are established, and concerning which did not become effective or to which technical regulations of the Customs union and Eurasian Economic Union do not extend.

From the date of the entry into force of technical regulations of the Customs union and the Eurasian Economic Union establishing requirements to products, subjects of managing have the right not to apply the technical regulatory legal acts of the Republic of Belarus establishing requirements to such products, obligatory for observance, irrespective of the fact and date of recognition their voided (7);

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(6) for the purposes of this Decree products are understood as the result of activities provided in material and material form and intended for further use in economic and other purposes including object of construction activities.

(7) Except as specified if other is provided in transitional provisions of technical regulations of the Customs union and Eurasian Economic Union and (or) acts of the Eurasian economic commission.

3.8. technical regulations of the Republic of Belarus shall contain only fundamental technical requirements imposed to products or to products and processes connected with product lifecycle (8).

Other technical requirements to products, processes connected with product lifecycle including technical descriptions on processes of its production, technical requirements to techniques (methods) of control, carrying out testing and researches, accomplishment of measurements, can join in state standards of the Republic of Belarus or technical codes of common practice;

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(8) for the purposes of this Decree the processes connected with product lifecycle are understood as processes of development, designing, researches, productions, constructions, installation, adjustment, operation (use), storage, transportation (transportation), realization and utilization of products.

3.9. technical codes of common practice will be obligatory for observance by subjects of managing only in case of the reference to them in legal acts, technical regulations of the Republic of Belarus, other regulatory legal acts of Council of Ministers of the Republic of Belarus, and is equal if subjects of managing in voluntary procedure declared obligation of their observance. State standards of the Republic of Belarus will be obligatory for observance by subjects of managing only in case of the reference to them in technical regulations of the Republic of Belarus, and is equal if subjects of managing in voluntary procedure declared obligation of their observance (9);

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(9) concerning technical codes of common practice and state standards in the military sphere, the sphere of protection of the state secrets and other information of limited distribution, in the field of use of atomic energy, ensuring nuclear and radiation safety, telecommunication, obligation of their observance by subjects of managing can be also established by the act of the legislation adopted (published) authorized state body realizing state policy in the respective sphere (area).

3.10. regulatory legal acts of the USSR and BSSR, including the technical regulatory legal acts of the USSR and BSSR regulating procedure and conditions of implementation of economic activity are not obligatory for application (observance) in the territory of the Republic of Belarus (10);

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(10) Except for the legal acts of the USSR establishing requirements to safety when implementing activities for use of atomic energy.

3.11. subjects of managing have the right not to use seals (11).

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(11) Except as specified, provided by international treaties of the Republic of Belarus.

4. Subjects of managing when implementing economic activity:

4.1. in spheres of trade, public catering, consumer services of the population:

create stationary shopping facilities, objects of public catering, shopping centers regardless of availability of such objects on schemes of placement of the stationary shopping facilities, objects of public catering, shopping centers, the markets developed and approved by local executive and administrative organs if at the same time requirements of town-planning documentation are not violated;

independently set operating mode of the retail shopping facilities belonging to them, objects of public catering, subjects to consumer services, operating mode without (out of) shopping facilities, subjects to consumer services, shopping centers, the markets without approval of local executive and administrative organs, other state bodies and provide its observance. The exception constitutes operating mode of such objects after 23:00 and to 7.00, which is subject to approval of local executive and administrative organs in the location of such objects;

has the right to create objects of public catering without division them on types and classes, and also to develop for them assortment lists of products of public catering without the requirements of the list of products of public catering and goods which are subject to inclusion in such lists, the anti-monopoly regulation approved by the Ministry and trade;

independently determine procedure for registration and accounting of accounts when calculating waiters (bartenders) of buyers in objects of public catering;

more than 7 percent by mixing and (or) insisting of ready alcoholic beverages with other foodstuff have the right to make and sell in objects of public catering products of public catering with volume fraction of ethyl alcohol. Production of such products does not require receipt of special permission (license) for the activities connected with production of alcoholic, non-food alcohol-containing products and non-food ethyl alcohol. The specified products are not subject to obligatory confirmation of conformity;

independently determine markup of public catering on the alcoholic beverages with a strength over 28 percent made and realized in the territory of the Republic of Belarus in objects of public catering in pouring;

do not represent data on the retail and (or) wholesale turnover for inclusion in the Trade register of the Republic of Belarus. At the same time the subjects of managing performing trade by means of the organization of retail chain stores or large shop (12), independently calculate the share of the retail turnover of food products in borders of area, Minsk, the cities of regional subordination, areas for the previous financial year;

independently determine procedure for order placement on household services and material accounting, used in case of their rendering (13);

has the right to use garage as workshop for rendering services in maintenance and repair of vehicles without the consent of general meeting of members (meeting of authorized members) of garage cooperative;

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(12) for the purposes of this Decree the large shop is understood as shop with the floor space three thousand and more square meters.

(13) Except for household services in dry cleaning, coloring and (or) intensification of color of products, in the field of production of jewelry and similar products, on repair of jewelry, maintenance and repair of motorized vehicles.

4.2. in the field of the organization and holding exhibitions and fairs:

will independently organize and hold exhibitions in the territory of the Republic of Belarus;

will organize and hold fairs in coordination with local executive and administrative organs in the place of their carrying out;

4.3. in the field of production and the product circulation:

perform commissioning, issue of products, and also accomplishment of the processes connected with product lifecycle:

a) conforming to safety requirements (14);

b) conforming to requirements of the technical regulations of the Republic of Belarus, the Customs union and Eurasian Economic Union accepted (approved) and become effective;

c) the procedures of obligatory confirmation of conformity, obligatory assessment of conformity which underwent if necessary in other forms. Obligatory confirmation of conformity can be provided only by technical regulations of the Republic of Belarus, the Customs union and Eurasian Economic Union or is entered by the President of the Republic of Belarus or according to the procedure, determined by it, due to the need of initiation of efficient measures of state regulation. Other forms of obligatory assessment of conformity can be provided only by technical regulations of the Customs union or Eurasian Economic Union;

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(14) for the purposes of this Decree safety is understood as lack of unacceptable risk of possible damnification to the state or public concerns, the environment, life, health, the rights and legitimate interests of citizens.

4.4. in the field of construction:

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