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, including licensed requirements

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 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, including licensed requirements (are applied).

2. This order becomes effective after its official publication.

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, including licensed requirements

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, including licensed requirements (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 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.

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 Law of the Republic of Belarus of October 14, 2022 No. 213-Z "About licensing", the resolution of Council of Ministers of the Republic of Belarus of January 22, 2018 No. 43 are used.

3. According to criteria the list of the subjects having high risk of violation of the law about licensing including licensed requirements (further – the list), from among the licensees having license for activities on 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 licensees 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, including licensed requirements, – on each fact of violation is charged 15 points;

availability of regular removable violations of the law about licensing, including licensed requirements (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

where IV – the indicator of high risk;

The PC = 2,2 – the raising coefficient;

Kn – the number of subjects with identical risk degree;

KBN – the number of the points appropriated to each of subjects with identical risk degree;

OK – the number of the subjects with risk included in the list.

9. For forming of the plan of selective checks of Operational analytical center in case of the President of the Republic of Belarus from the list of subjects with high risk no more than 10 subjects with most high risk are selected.

10. These criteria are subject to revision in accordance with the established procedure taking into account practice of conducting checks of subjects no later than three years from the moment of approval of these criteria or in case of change of the legislation on licensing and control and supervising activities.

Appendix

to 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, including licensed requirements

The table of assignment of points depending on the works and (or) services constituting the licensed type of activity

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