of July 17, 2018 No. 130-Z
About regulatory legal acts
Accepted by the House of Representatives on June 27, 2018
Approved by Council of the Republic on June 29, 2018
1. This Law determines system and types of the regulatory legal acts adopted (published) by rule-making bodies (officials) establishes procedure for their preparation, conducting examinations, acceptances (edition), publication (promulgation), entry into force, action, interpretation and systematization, except cases, stipulated in Item 2 these Articles.
2. This Law does not extend to acts of Vsebelorussky people's assembly, the Constitutional Court of the Republic of Belarus, the Supreme Court of the Republic of Belarus, substandard (individual) legal acts (further – substandard legal acts), local legal acts of rule-making bodies (officials) (further if other is not determined, – local acts), the international agreements of the Republic of Belarus (further – the international agreements) and other international legal acts containing obligations of the Republic of Belarus (further – international legal acts) if other is not provided by this Law, and also on technical regulatory legal acts in the field of technical regulation and standardization in the part settled by the legislation on technical regulation and standardization.
1. Acts of the legislation - the regulatory legal acts constituting the legislation.
2. Analogy of the law - application to the public relations owing to lack of the rules of law governing these public relations, the rules of law governing the similar public relations.
3. Analogy of the right - application to the public relations owing to lack of the rules of law regulating not only this, but also the similar public relations, the general beginnings and sense of the legislation, industry, cross-industry and all-legal principles.
4. The legislative initiative - official introduction by the person of law of the legislative initiative established by the Constitution of the Republic of Belarus, the bill in the House of Representatives of National assembly of the Republic of Belarus.
5. Legal acts - Constitution of the Republic of Belarus, laws, decrees and presidential decrees of the Republic of Belarus.
6. Legislative activities - state and imperious activities for planning, realization of power to initiate legislation, preparation, conducting examinations, acceptance, official publication, change, official interpretation, suspension, renewal, prolongation and cancellation of the laws.
7. Legislative process - the procedure of implementation of legislative activities.
8. Regulatory legal act - the official document of the established form accepted (published) by rule-making body (official) within its competence or referendum with observance of the stipulated by the legislation procedure which is directed to establishment, change, official interpretation, suspension, renewal, prolongation and cancellation of rules of law as obligatory rules of conduct permanent or temporality, expected individually not certain group of people and numerous application.
9. Rule-making activities - state and imperious activities for planning, realization of rule-making initiative, preparation, conducting examinations, acceptance (edition), official publication, change, official interpretation, suspension, renewal, prolongation and cancellation of regulatory legal acts.
10. Rule-making initiative - official entering by the subject of rule-making initiative into rule-making body (official) of the project of regulatory legal act or the motivated offer on need of acceptance (edition), change, official interpretation, suspension, renewal, prolongation and cancellation of regulatory legal act (its structural elements).
11. The rule-making equipment – system of rules, acceptances and means of preparation of projects of regulatory legal acts.
12. Rule-making body (official) - the state body (organization) (official) authorized by this Law and other legal acts on acceptance (edition) of regulatory legal acts.
13. Rule-making process - the procedure of implementation of rule-making activities.
14. Legal uncertainty - the lack of clarity, accuracy and logical coordination of rules of law including caused by availability of gaps in the legislation (legal regulation) and collisions of regulatory legal acts that generates possibility of ambiguous understanding of rules of law and their not uniform application.
15. Gaps in the legislation (legal regulation) - lack of regulatory legal acts (rules of law) governing the public relations which need of legal regulation is caused by essence and content of the operating system of law of the state, the conventional principles and rules of international law, economic, political and social processes.
16. Subjects of rule-making activities - state bodies, other organizations (officials), the citizens of the Republic of Belarus and also who are temporarily staying, temporarily or the foreign citizens and persons without citizenship who are constantly living in the Republic of Belarus, including individual entrepreneurs (further if other is not determined, - citizens), in the procedure established by the legislation taking part in rule-making activities.
17. The text of regulatory legal act in control condition - the edition of the text of regulatory legal act operating for certain date prepared based on the initial text of regulatory legal act and texts of the regulatory legal acts making changes to this regulatory legal act placed in reference databank of legal information of the Republic of Belarus.
18. Legal force of regulatory legal act - the characteristic of regulatory legal act determining obligation of its application to the corresponding public relations and also its place in hierarchy of regulatory legal acts.
1. The legislation - the system of regulatory legal acts which is characterized by their internal coordination, hierarchy and providing legal regulation of the public relations.
2. The legislation draw up the following regulatory legal acts:
Constitution of the Republic of Belarus;
the decisions made by republican referendum;
laws of the Republic of Belarus;
decrees, presidential decrees of the Republic of Belarus;
resolutions of Council of Ministers of the Republic of Belarus;
resolutions of the House of Representatives of National assembly of the Republic of Belarus; resolutions of Council of the Republic of National assembly of the Republic of Belarus; regulatory legal acts of the Supreme Court of the Republic of Belarus, Prosecutor General's Office, rule-making bodies, subordinate (accountable) to the President of the Republic of Belarus;
regulatory legal acts of the ministries, other republican state bodies;
the decisions made by local referendum, decisions of local councils of deputies, executive and administrative organs;
regulatory legal acts of other rule-making bodies (officials);
technical regulatory legal acts.
The decisions of Vsebelorussky people's assembly made on the questions provided by Items 1, of 2, of the 8 and 11 article 89-3 of the Constitution of the Republic of Belarus are part of the legislation.
3. Regulatory legal acts are adopted published) by rule-making body (official) within its competence established by the Constitution of the Republic of Belarus and other acts of the legislation.
4. Structural divisions of state bodies (organizations) (their heads) have no right to accept (to publish) regulatory legal acts if other is not provided by legal acts.
1. The substandard legal act - the official document of the established form accepted (published) by rule-making body (official) within its competence or referendum with observance of the stipulated by the legislation procedure which does not contain rules of law and for the purpose of use of existing rules of the right establishes obligatory instructions of administrative and (or) organizational nature, including concerning individually certain persons (changes or terminates these instructions), and (or) is expected single application.
2. Treat substandard legal acts:
orders of chairmen of chambers of National assembly of the Republic of Belarus;
orders of the Prime Minister of the Republic of Belarus;
the legal acts of administrative and (or) organizational nature accepted according to the Electoral code of the Republic of Belarus;
legal acts about approval of projects of the international technical assistance, about provision of the free (sponsor's) aid to specific citizens and legal entities;
other legal acts having the signs specified in Item 1 of this Article.
1. The local act - the official document accepted (published) by rule-making body (official), establishing obligatory rules of conduct for the purpose of regulation of questions of the organization of internal activities of this rule-making body (its territorial authorities) subordinated to it (which are its part, system) the organizations.
Treat local acts:
acts which operation is limited to rule-making body (its territorial authorities) subordinated to it (which are its part, system) the organizations, including in cases if the territorial authorities subordinated to it (which are its part, system) the organizations are not determined directly in texts of such acts;
the acts extending the action it is exclusive on employees of rule-making body (its territorial authorities) subordinated to it (which are its part, system) the organizations, and also on persons serving (military service) in these bodies and the organizations, including in cases if these workers and persons are individually not determined in texts of such acts;
the acts providing creation and (or) determining procedure for activities of structural divisions, commissions and other forming of rule-making body (its territorial authorities) subordinated to it (which are its part, system) the organizations;
the acts having the signs specified in paragraphs the second or fourth to this part, which however are subject according to the legislation to joint acceptance or coordination with the state body realizing state policy in certain sphere of the public relations;
other acts having the signs specified in part one of this Item.
At the same time operation of local acts shall not affect the rights, freedoms and obligations of other citizens and legal entities.
2. Local acts shall correspond to regulatory legal acts.
3. Inclusion in local acts of the provisions worsening legal status of citizens and legal entities to whom operation of local acts extends in comparison with the legislation is not allowed.
4. State bodies (organizations) together with the National center of the legislation and legal information provide forming and maintaining the databanks containing local acts, according to the procedure, established by the legislation.
1. Rule-making activities are performed on the basis of the following principles:
constitutionality (legality);
priority of the conventional principles of international law;
humanity;
protection of the rights, freedoms and legitimate interests of citizens, legal entities, interests of society and state, social justice;
publicity;
scientific character;
digitalizations;
social and economic conditionality;
systemacity and complexity of legal regulation of the public relations;
stability of legal regulation of the public relations.
2. The principle of constitutionality (legality) is provided:
rule of the Constitution of the Republic of Belarus in rule-making activities, direct action of its regulations;
acceptance (edition) of regulatory legal act by authorized rule-making body (official) within its competence according to the procedure and in form, established by the Constitution of the Republic of Belarus and other acts of the legislation;
compliance of regulatory legal act of the Constitution of the Republic of Belarus and to regulatory legal acts of bigger legal force;
coordination of regulatory legal acts of identical legal force.
3. The Republic of Belarus recognizes priority of the conventional principles of international law and provides compliance to them of the legislation.
4. The principle of humanity is expressed in recognition of the inherent fundamental rights of citizens to human dignity and free development of the personality, self-determination, to personal and public (solidary) liability of citizens for the moral and material welfare.
5. The principle of protection of the rights, freedoms and legitimate interests of citizens, legal entities, interests of society and state, social justice means that rule-making bodies (officials) during the planning, preparation, acceptance (edition) and realization of regulatory legal acts consider opinion of the population and interests of its various groups, political parties, religious organizations and other public associations, provide proper balance in legal regulation of their rights, freedoms and obligations taking into account national traditions and social values of the Belarusian people, guarantee realization and protection of these rights, freedoms and obligations for the purpose of social justice and achievement of sustainable development of the Republic of Belarus.
6. The principle of publicity is provided:
informing citizens and legal entities on activities of rule-making bodies (officials) prepared by them projects of regulatory legal acts, the adopted (published) regulatory legal acts according to the procedure, established by the legislation;
official publication of regulatory legal acts, promulgation by their different ways according to the procedure, provided by this Law and other legal acts.
7. The principle of scientific character is provided:
use of results of scientific research, involvement of scientists to project development of regulatory legal acts, including when carrying out obligatory legal, criminological and other examinations of projects of regulatory legal acts;
evidence-based planning of preparation of projects of regulatory legal acts;
forecasting of legal, social and political, financial and economic, social, criminogenic, ecological and other consequences of acceptance (edition) of regulatory legal acts.
7-1. The principle of digitalization is provided with broad use of information technologies at all stages of rule-making process, including due to development of electronic document management, the maximum use of digital tools in the course of rule-making activities.
8. The principle of social and economic conditionality is provided with compliance of the adopted (published) regulatory legal acts to social and economic requirements and opportunities of society and state, and also the sustainable development goals containing in international legal acts and legal acts of program nature (further – sustainable development goals).
9. The principle of systemacity and complexity of legal regulation of the public relations is provided:
availability of the complete and approved set of regulatory legal acts, lack of the gaps in the legislation (legal regulation) excluding or complicating realization of the adopted (published) regulatory legal acts;
lack of collisions of regulatory legal acts;
preparation and acceptance (edition) of packet of the regulatory legal acts directed to system and complex legal regulation of certain sphere of the public relations providing realization of new regulatory legal act, including providing change, recognition voided the interconnected regulations containing in various regulatory legal acts;
accumulating, generalization of offers on modification of regulatory legal act and their systematization in the complex project of regulatory legal act for its subsequent entering into rule-making body (official);
acceptance by rule-making bodies (officials), other subjects of rule-making activities of measures for consolidation of provisions of projects of the regulatory legal acts which are at identical stage of preparation which provide change of the same regulatory legal acts (their structural elements).
10. The principle of stability of legal regulation of the public relations is provided with acceptance by rule-making bodies (officials), other subjects of rule-making activities of measures for ensuring proper quality of regulatory legal acts, completeness and efficiency of legal regulation of the public relations, and also on restriction of frequent adjustments of regulatory legal acts.
1. According to the decision of the President of the Republic of Belarus, other person of law of the legislative initiative, rule-making body (official) or state body (organization) performing preparation of the project of regulatory legal act (further if other is not determined, – the organizer of public discussion), the project of regulatory legal act can be taken out on public (public or professional) discussion on the global computer Internet on the website "Legal Forum of Belarus", and also by parliamentary hearings, in mass media or different ways which are not contradicting the legislation. Information on carrying out public discussion of the project of regulatory legal act is placed on the National legal Internet portal of the Republic of Belarus, and also on the official sites of state bodies (organizations) (further – the websites), other information resources on the global computer Internet determined by the organizer of public discussion in mass media.
The organizer of public discussion provides consideration of the arrived notes and (or) offers.
2. As a rule, are subject to public discussion:
the drafts of legal acts and resolutions of Council of Ministers of the Republic of Belarus which are affecting the rights, freedoms and obligations of citizens and legal entities and establishing the new or essentially changing existing approaches to legal regulation of certain sphere of the public relations;
drafts of acts of the legislation which can have significant effect on conditions of implementation of business activity;
the drafts of acts of the legislation which are not specified in paragraphs second and third to this part at the request of the President of the Republic of Belarus, Council of Ministers of the Republic of Belarus, Administration of the President of the Republic of Belarus or at the initiative of the organizer of public discussion.
Public discussion of projects of other regulatory legal acts and feature of procedure for its carrying out can be provided by legal acts.
Requirements of part one of this Item do not extend to projects of regulatory legal acts:
the organizations of external relations prepared in connection with the conclusion, execution, suspension of action or the termination of international treaties, and also concerning;
the governing public relations in the field of ensuring defense and homeland security, protection of the state secrets, military and technical cooperation, export control, licensing of the types of activity connected with specific goods (works, services), the budget, foreign exchange legislation;
about establishment, introduction, change and cancellation of republican taxes, charges (duties) and local taxes and charges;
directed to realization of the main directions of monetary policy;
the containing state secrets, and also other information, distribution and (or) provision of which it is limited;
preparation term at the request of which President of the Republic of Belarus, Council of Ministers of the Republic of Belarus, Administration of the President of the Republic of Belarus constitutes less than 15 calendar days.
The term of public discussion of projects of regulatory legal acts is determined by the organizer of public discussion, proceeding from specifics of the regulated public relations, and constitutes at least 10 calendar days.
Information on results of public discussion of the project of regulatory legal act and consideration of the notes and (or) offers which arrived at the same time joins in reasons for need of acceptance (edition) for regulatory legal act.
3. The procedure for carrying out public discussion of projects of regulatory legal acts is determined by Council of Ministers of the Republic of Belarus.
1. The rule-making body (official) has the right to accept (to publish) regulatory legal act according to the procedure of experiment, limiting its action in time and certain territory and (or) around persons, or to delegate such powers to other rule-making bodies (officials) if it does not contradict the Constitution of the Republic of Belarus, this Law and other legal acts.
2. Upon termination of experiment:
the analysis of practice of application of regulatory legal act, the adopted (published) according to the procedure experiment, positive and negative consequences of experiment, social and other factors which exerted impact on application of such act, the made expenses and the gained income in connection with carrying out experiment is carried out;
the forecast of positive and negative consequences, expenses and income which will appear after acceptance (edition) of regulatory legal act without restriction of its action in time and certain territory and (or) around persons, proved by data on the social and economic results achieved during the experiment is performed.
3. Based on information on results of experiment the rule-making body (official) makes the decision on feasibility of acceptance (edition) of regulatory legal act without restriction of its action in time and certain territory and (or) around persons or other measures for enhancement of the legislation in the respective sphere of the public relations and practice of law enforcement are taken.
1. Reorganization of state body (change of structure of its governing bodies), transfer of function on acceptance (edition) of regulatory legal acts to other state body (its governing body) (official), abolition or renaming of state body (its governing body) (reducing or renaming of position) do not attract automatic cancellation earlier adopted (published) them regulatory legal acts if other is not stipulated by the legislation.
2. In case of reorganization of state body (change of structure of its governing bodies) or transfer of function on acceptance (edition) of regulatory legal acts to other state body (its governing body) (official) within its competence together with the right to accept (to publish) regulatory legal acts pass powers on change, official interpretation, suspension, renewal, prolongation and cancellation of earlier adopted (published) regulatory legal acts to the legal successor if other is not stipulated by the legislation.
3. In case of abolition of state body (its governing body) (reducing position) or its reorganization by which the legal successor is not given the right to accept (to publish) the corresponding regulatory legal acts powers on change, official interpretation, suspension, renewal, prolongation and cancellation of earlier adopted (published) regulatory legal acts pass to higher or other authorized state body (organization) (official) if other is not stipulated by the legislation.
4. In case of renaming of state body (its governing body) or its reorganization which attracts change of the name of this state body (its governing body) (position) the regulatory legal acts containing the former name are subject to change regarding renaming of the state body (its governing body) (position) specified in texts of these acts. At the same time the renaming of state body (its governing body) (position) in regulatory legal acts which does not have significant effect on practice of law enforcement can be performed when entering into these acts of complex changes. Before introduction of such changes action of the regulatory legal acts containing the former name extends to the renamed state body (its governing body) (official) in full if other is not stipulated by the legislation.
5. In case of reorganization of state body (change of structure of its governing bodies) which attracts separation of powers on acceptance (edition) of regulatory legal acts it shall be provided in the decision on reorganization in what amount of power on acceptance (edition) of new regulatory legal acts, change, official interpretation, suspension, renewal, prolongation and cancellation of earlier adopted (published) regulatory legal acts pass to other state body (its governing body).
The regulatory legal acts directed to implementation of international treaties and other international legal acts are accepted (are published) in cases if execution of international treaties and other international legal acts is impossible without acceptance (edition) of the corresponding regulatory legal acts or if need of acceptance (edition) of the corresponding national regulatory legal acts follows from contents of international treaties and other international legal acts.
1. Terms in rule-making process can be determined calendar date or the period of time estimated for years, half-year, quarters, months, weeks or days. Term can be determined also by specifying on event which shall come or take place, or on action which shall be made.
2. The current of the term estimated for years, half-year, quarters, months, weeks or days begins next day after calendar date or approach of event or making of action which determine its beginning if other is not provided by Items 12, of the 14 and 15 appendix to this Law and other acts of the legislation, and comes to an end at 24 o'clock the last day of term.
In time, determined by period of time, Saturdays, Sundays, and also the public holidays and holidays announced by non-working days join if other not stipulated in Item the 15th appendices to this Law and other acts of the legislation.
If the last day of term falls on non-working day, the next working day following it is considered day of the termination of term if other is not provided by Items 13 and 15 of appendix to this Law and other acts of the legislation.
Action for which making the fixed term, can be made till 24 o'clock the last day of term.
If action be made in the organization in which making of such actions on statutory rules (schedule) comes to an end before 24 hours, term expires in that hour when in this organization for statutory rules (schedule) making of the corresponding actions stops.
The documents directed by the courier (courier), the mailing or with use of other means of communication till 24 o'clock the last day of term are considered performed in time.
3. The term determined calendar date or specifying on event which shall come or take place, or on action which shall be made expires respectively in day of approach of calendar date or event or making of action.
The term estimated for years expires in the corresponding month and number of the last year of term. At the same time year, except for calendar year, any period of time consisting of twelve following of in a row calendar months is recognized.
Rules of calculation of term in months are applied to the term estimated half-year. At the same time half a year is considered to the equal six following to in a row calendar months.
The term estimated quarters expires in the last day of the last month of term. At the same time quarter is considered to equal three months, counting of quarters is conducted since the beginning of calendar year.
The term estimated for months expires in the corresponding number of the last month of term. If the termination of term falls on month in which there is no corresponding number, term expires in the last day of this month.
The term estimated for weeks expires in the corresponding day of the last week of term. At the same time the period of time consisting of seven following of in a row calendar days is recognized week if other is not stipulated by the legislation.
Constitution of the Republic of Belarus – The fundamental Law of the Republic of Belarus having the highest legal force and direct action in all territory of the Republic of Belarus, establishing the fundamental principles and regulations of legal regulation of the major public relations.
1. The decision made by republican referendum - the regulatory legal act directed to the solution of the major questions of the state and public life of the Republic of Belarus.
2. The decision made by local referendum - the regulatory legal act directed to the solution of the questions which are essential for the population of the corresponding administrative and territorial unit and carried to competence of the deputies corresponding local council, executive and administrative organ.
3. The procedure for decision making by referendum is established by the Constitution of the Republic of Belarus and the Electoral code of the Republic of Belarus.
1. The law – the regulatory legal act establishing the principles and regulations of legal regulation of the most important public relations.
The law adopted by the House of Representatives and approved by Council of the Republic of National assembly of the Republic of Belarus is submitted to the President of the Republic of Belarus for the signature.
The bill, except as specified, established by the Constitution of the Republic of Belarus, after acceptance by the House of Representatives and approval of the Republic of National assembly of the Republic of Belarus by Council becomes the law which finds legal force after signing by the President of the Republic of Belarus if other is not established by the Constitution of the Republic of Belarus.
2. The law can be adopted in the form of the code which is the backbone regulatory legal act establishing the principles and regulations of legal regulation of the most important public relations and providing the most complete legal regulation of certain sphere of the public relations.
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