Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of April 12, 2018 No. 135

About obligatory legal examination of technical regulatory legal acts

(as amended on 17-11-2020)

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, obligation of observance of which by legal entities and individual entrepreneurs is provided by drafts of legal acts and resolutions of Council of Ministers of the Republic of Belarus;

technical regulatory legal acts in the field of technical regulation and standartizatsii1 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 if the authorized state body realizing state policy in the respective sphere (area) establishes obligation of their observance by the act of the legislation;

______________________________

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, observed sets, 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 statistical observations and departmental reporting, nation-wide and statistical 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 electronic copies of documents on papers 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.

The technical regulatory legal acts containing office information of limited distribution before implementation of the system intended for transfer of electronic documents and providing observance of the requirements to protection of the specified information established by the legislation go to the National center of legal information in the form of the original and one its copy on paper with simultaneous appendix of the file with the text of this act corresponding to the text of the original on paper;

______________________________

2 Except as specified, provided in part two of subitem 1.7 of Item 1 of this Decree.

1.5. The national center of legal information by results of conducting examination of technical regulatory legal act takes out:

the positive conclusion containing valid conclusion about compliance of technical regulatory legal act to the established criteria and admissibility of its inclusion in the National register of legal acts of the Republic of Belarus;

the negative conclusion containing valid conclusion about discrepancy of technical regulatory legal act to the established criteria and inadmissibility of its inclusion in the National register of legal acts of the Republic of Belarus;

1.6. the technical regulatory legal act concerning which the positive conclusion is taken out is subject to inclusion in the National register of legal acts of the Republic of Belarus and official publication on the National legal Internet portal of the Republic of Belarus, and also to placement on other information resources in global computer network Internet3;

1.7. inclusion in legal acts and resolutions of Council of Ministers of the Republic of Belarus of references to technical regulatory legal acts in the field of technical regulation and standardization is allowed, only if by results of conducting examination of such acts the positive conclusion is taken out.

Technical regulatory legal acts in the field of technical regulation and standardization which did not pass the examination, podlezhat4 earlier:

to the direction for examination by preparation of drafts of the legal acts or resolutions of Council of Ministers of the Republic of Belarus containing references to them;

to inclusion in the National register of legal acts of the Republic of Belarus and publication on the National legal Internet portal of the Republic Belarus3 along with the legal acts or resolutions of Council of Ministers of the Republic of Belarus containing references to them.

______________________________

3 If other is not established by the international obligations of the Republic of Belarus.

4 If other is not provided by the President of the Republic of Belarus.

2. Make changes to presidential decrees of the Republic of Belarus according to appendix.

3. To Council of Ministers of the Republic of Belarus to take measures for implementation of this Decree.

4. This Decree becomes effective after its official publication.

President of the Republic of Belarus

A. Lukashenko

Appendix

to the Presidential decree of the Republic of Belarus of April 12, 2018 No. 135

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.