PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of October 16, 2017 No. 376

About measures for enhancement of control (supervising) activities

For the purpose of optimization of control (supervising) activities in the Republic of Belarus, I decide decrease in impact from the controlling (supervising) bodies on subjects of business activity:

1. Bring in 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 following changes:

1.1. be reworded as follows Items 1-23:

"1. Determine that the state control (supervision) is exercised by the controlling (supervising) bodies (1).

The state control (supervision) is exercised in forms:

selective checks;

unscheduled inspections;

actions technical (technological, testing) nature;

the measures of preventive and precautionary nature specified in part five of Item 3 of this Decree.

The controlling (supervising) body has the right to perform if this body is included in the list of the controlling (supervising) bodies, authorized to perform, and spheres of their control (supervising) activities, approved by this Decree.

It can be performed by the controlling (supervising) body concerning the checked subjects (2).

Questions which check is performed by the controlling (supervising) body shall correspond to competence of this body.

Delegation by the controlling (supervising) bodies of the control (supervising) powers to other legal entities and individual entrepreneurs, and also implementation of checks, monitorings and actions technical (technological, testing) nature the commercial organizations is not allowed, except for the case provided by part seven of this Item.

The national production association of power industry Belenergo, the national production association on fuel and gasification Beltopgaz, the republican unitary enterprises of power industry Brestenergo, Vitebskenergo, Gomelyenergo, Grodnoenergo, Minskenergo and Mogilevenergo, the production republican unitary enterprises "Brestoblgaz", "Vitebskoblgaz", "Grodnooblgaz", "Mingaz", "Minskoblgaz" and "Mogilevoblgaz", the republican production unitary enterprise "Gomelyoblgaz" has the right to exercise till January 1, 2019 energy and gas supervision in the form of actions technical (technological, testing) nature.

Features of control (supervision) by Administration of the President of the Republic of Belarus and the organizations subordinated to it are determined by the President of the Republic of Belarus.

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(1) for the purposes of this Decree the controlling (supervising) bodies are understood as state bodies (their structural divisions with the rights of the legal entity (further – structural divisions), the territorial authorities subordinated to the organization) and other organizations authorized by legal acts or regulatory legal acts of the Government of the Republic of Belarus on control (supervision).

(2) for the purposes of this Decree the subjects (checked by subjects) are understood as the organizations, their separate divisions having accounting number of the payer (further – separate divisions), representative offices of the foreign organizations, individual entrepreneurs, notaries, and also persons performing lawyer activities individually, craft activity, activities in the field of agroecotourism, the interim (anti-recessionary) managers who are not legal entities or individual entrepreneurs (further, unless otherwise specified, – subjects, the checked subjects).

2. Requirements of this Decree are obligatory for all controlling (supervising) bodies and subjects.

3. Illegal intervention in activities of the checked subject is forbidden and attracts involvement of officials of the controlling (supervising) bodies to the responsibility established by legal acts.

The checked subject is recognized honesty performing requirements of the legislation, other is not proved yet.

In case of ambiguity or illegibility of instructions of the act of the legislation decisions shall be made for benefit of the checked subject.

Checks shall not break production economic activity of the checked subjects.

Control (supervising) activities are performed with use of the measures of preventive and precautionary nature realized by the controlling (supervising) bodies in interaction with the subjects which are subject to control (supervision) including way:

carrying out monitoring, the direction of recommendations about elimination and non-admission of the shortcomings revealed as a result of monitoring;

carrying out explanatory work about procedure for observance of requirements of the legislation, application of its provisions in practice;

informing subjects (including use of means of the global computer Internet, mass media) about the typical violations revealed during checks by the controlling (supervising) bodies;

holding seminars, round tables and another.

4. Collection by the controlling (supervising) bodies of payment from the checked subjects for implementation of checks is not allowed, except for compensations (payment) in the cases and procedure determined by Council of Ministers of the Republic of Belarus, the costs connected with carrying out researches, testing, engineering certifications, examinations, involvement of experts, specialists, sampling and it is model.

5. In the form of conducting checks labor unions, their organizational structures, merging of such unions and their organizational structures in the cases and procedure established by other legal acts have the right to exercise public control.

Implementation of public control in the form of conducting checks by other organizations, except specified in part one of this Item, and also physical persons is forbidden.

6. Actions technical (technological, testing) nature have precautionary and preventive focus.

Carrying out selective and unscheduled inspections on the questions relating to actions technical (technological, testing) nature, is not allowed.

By results of holding actions technical (technological, testing) nature the controlling (supervising) bodies within the competence:

in case of identification in the territory and (or) objects of the subject of violations take out the requirement (instruction) about their elimination at the scheduled time;

in case of identification of the violations of the law creating threat of homeland security, damnification of life and to health of the population, the environment:

hand (direct) the offer on suspension you (will lock) activities of the subject (its workshops, production sites), construction object, the equipment (further – the offer on suspension of operations) before elimination of the violations which formed the basis of delivery (direction) of such offer;

take out the requirement (instruction) about suspension you (will lock) productions and (or) sales of goods (works, services), operation of vehicles before elimination of the violations which formed the basis for pronouncement of such requirement (instruction).

About elimination of the violations which formed the basis for pronouncement of the requirement (instruction), the subject within the term established in the requirement (instruction) in writing reports the controlling (supervising) body which took out this requirement (instruction) with appendix of supporting documents, and also gives to this controlling (supervising) body opportunity to make sure on site of elimination of violations.

In case of accomplishment at the scheduled time by the subject of requirements (instructions) about elimination of violations, suspension you (will lock) productions and (or) sales of goods (works, services), operation of vehicles of measure of responsibility for these violations to the subject and (or) his officials are not applied.

In case of not elimination of the revealed violations, identification of the further violations which are earlier established during the actions technical (technological, testing) nature, and also in case of identification of violations which elimination is impossible measures of responsibility are applied according to the procedure, established by the legislation.

The subject informs the controlling (supervising) body no later than one working day following behind day of receipt of such offer on the decision accepted based on the offer on suspension of operations.

In case of adoption by the subject of the decision on inexpediency of suspension of operations the controlling (supervising) body has the right to take a legal action with the statement for establishment of such suspension.

Suspension (will lock) productions and (or) sales of goods (works, services), operation of vehicles can be applied by the controlling (supervising) body only if such powers of the controlling (supervising) body are directly established by this Decree or other legal acts.

7. Prohibit, except as specified, provided in Item 8 of this Decree, conducting checks within two years from the date of:

state registration – the organizations (except created according to the procedure of reorganization), individual entrepreneurs;

assignments of accounting number of the payer – separate divisions of the organizations (except created according to the procedure of reorganization);

creations – representative offices of the foreign organizations;

commissioning of construction object – regarding activities of the checked subject concerning this object;

initial issue of the registration certificate – persons performing lawyer activities individually;

initial payment of collection for implementation of craft activity, collection for implementation of activities for rendering services in the field of agroecotourism – persons performing craft activity, activities in the field of agroecotourism.

8. During the term established in Item 7 of this Decree unscheduled inspections can be appointed:

at the request of the President of the Republic of Belarus;

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