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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of August 29, 2019 No. 575

About change of resolutions of Council of Ministers of the Republic of Belarus concerning insurance

(as amended on 27-08-2021)

Based on Items 285 and 295 of the Regulations on insurance activity in the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of August 25, 2006 No. 530, and subitem 9.1 of Item 9 of the Presidential decree of the Republic of Belarus of May 11, 2019 "About insurance" the Council of Ministers of the Republic of Belarus DECIDES: No. 175

1. Approve:

The regulations on order of registration (re-registration) of insurers on compulsory insurance from labor accidents and occupational diseases (are applied);

The regulations on surcharge procedure to average earnings of the insured, temporarily translated in connection with damage health as a result of insured event on easier below-paid work (are applied).

2. Make changes to the following resolutions of Council of Ministers of the Republic of Belarus:

2.1. in Item 6 of the List of payments on which contributions on the national social insurance are not assessed, including on professional pension insurance, in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus and for compulsory insurance from labor accidents and occupational diseases in the Belarusian republican unitary insurance enterprise Belgosstrakh approved by the resolution of Council of Ministers of the Republic of Belarus of January 25, 1999 No. 115, the word "average monthly" to replace with the word of "average";

2.2. in Regulations on the Ministry of Finance of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1585:

to add subitem 4.53 of item 4 with words ", to assistants to insurance broker";

in subitem 7.17 of Item 7:

to exclude from paragraph one of the word "The Ministry of Finance Has the Right";

in the paragraph the sixteenth shall be replaced with words words of "types of insurance" "the works and services constituting insurance activity and (or) types of compulsory insurance";

2.3. in Regulations on the payment procedure to the insurer of insurance premiums on compulsory insurance from labor accidents and occupational diseases approved by the resolution of Council of Ministers of the Republic of Belarus of October 10, 2003 No. 1297:

second and third Item 2 to state parts in the following edition:

"Object for charge of insurance premiums for the insured persons working at the basis of civil agreements are the remunerations for performance of works, rendering services added in their advantage or creation of intellectual property items in the places provided by insurers. Compensation of documentary confirmed costs of insured person for performance of works, rendering services, creation of intellectual property items is excluded from object for charge of insurance premiums.

Are not object for charge of insurance premiums of payment, made for benefit of persons who are on maternity leaves in connection with adoption (adoption) of the child aged up to three months, on child care before achievement of age of three years by it, except cases when such persons during the specified leaves work at conditions of other employment contract (contract), perform work on the civil agreement (render services, create intellectual property items) at the insurer.";

from paragraphs two and third "the document confirming state registration and" to exclude parts one of item 4 of the word;

exclude Items 8 and 9;

state Item 10 in the following edition:

"10. Bank details of the insurer for transfer of insurance premiums, penalties, penalty fee are posted on its official site on the global computer Internet.";

exclude Items 14 and 15;

state Item 18 in the following edition:

"18. Money, mistakenly or excessively arrived to the insurer, is subject to offsetting on account of repayment of the debt which is registered for the insurer, and in case of absence of debt - to offsetting on account of the forthcoming payment of insurance premiums or to return to the insurer within 5 working days after submission of the written application by it in separate division of the insurer in place of registration constituted in the form established by the insurer.";

Item 19 after words of "insurance premiums" to add with words "penalties, penalty fee, it is wrong or";

2.4. in the resolution of Council of Ministers of the Republic of Belarus of October 10, 2003 No. 1302 "About approval of the Regulations on procedure for compensation by the Belarusian republican unitary insurance enterprise Belgosstrakh to Social Security Fund of the population of the Ministry of Labour and Social Protection of the expenses on pension payment made by it on disability and on the occasion of loss of the supporter in connection with labor accidents and occupational diseases when cases of indemnification are resolved since July 1, 1999":

in the name of the word to "Social Security Fund of the population of the Ministry of Labour and Social Protection" shall be replaced with words "in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus";

in Item 1:

exclude the word "enclosed";

to "Social Security Fund of the population of the Ministry of Labour and Social Protection" shall be replaced with words words "in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus";

add Item with the word" it (is applied).";

in Regulations on procedure for compensation by the Belarusian republican unitary insurance enterprise Belgosstrakh to Social Security Fund of the population of the Ministry of Labour and Social Protection of the expenses on pension payment made by it on disability and on the occasion of loss of the supporter in connection with labor accidents and occupational diseases when cases of indemnification are resolved since July 1, 1999, approved by this resolution:

in the name of the word to "Social Security Fund of the population of the Ministry of Labour and Social Protection" shall be replaced with words "in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus";

in Item 1 of the word "To Social Security Fund of the population of the Ministry of Labour and Social Protection (further - Fund)" shall be replaced with words "in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus (further - the budget of fund)";

in Items 2-4 and 7 to "Fund" shall be replaced with words the word "in the budget of fund";

to add part one of Item 5 and Item 6 after the word of "Fund" with words of "social protection of the population of the Ministry of Labour and Social Protection";

in signature stamp of appendix to this Provision of the word to "Social Security Fund of the population of the Ministry of Labour and Social Protection" shall be replaced with words "in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus";

2.5. in Rules of investigation and accounting of the labor accidents and occupational diseases approved by the resolution of Council of Ministers of the Republic of Belarus of January 15, 2004 No. 30:

from Item 1-1 of the word "About Insurance Activity" (National register of legal acts of the Republic of Belarus, 2006, No. 143, 1/7866; National legal Internet portal of the Republic of Belarus, 19.04. 1/14942)" to exclude 2014,;

in subitem 2.4 of Item 2:

the paragraph one to add with words "(further - working)";

and "performing" to add subitem 2.4.2 after the words which are respectively with words "(being)" and "(performing)";

in subitem 2.4.3:

words "organizations of any forms of business;" shall be replaced with words "production cooperatives";

shall be replaced with words the word of "property" "their property, earning (earning) reward for work from such work";

state subitem 2.4.5 in the following edition:

"2.4.5. containing (containing) in the organizations of criminal executive system (further - OUIS) which are (being) in medical and labor dispensaries (further - LTP) and attracted (involved) to accomplishment paid works;";

subitem 2.4.8 after the words "working" also "are" to add respectively with words of "(working)" and "(were)";

state subitem 2.4.9 in the following edition:

"2.4.9. being (being) according to article 30 of the Code of the Republic of Belarus about education by students (except for cadets and listeners) and involved (attracted) in paid works in the organizations during practical training, the inservice training, training and also which is (being) the specialists doctors, persons who got the higher medical education outside the Republic of Belarus, and involved (attracted) in paid works during preparation in clinical internship (further - students).";

in Item 3:

the paragraph one to state in the following edition:

"3. According to these rules the accidents which happened with working in the organization *, at the insurer during working hours, during periods of time prior to the beginning of and after completion of work are investigated:";

to exclude from subitem 3.1 of the word "in case of accomplishment of office task" and "or made actions for the benefit of the organization, the insurer";

state subitems 3.2 and 3.3 in the following edition:

"3.2. when following to place of employment or from place of employment on the transport provided by the organization, the insurer;

3.3. in case of movement on the individual transport used for needs of the organization, insurer according to the agreement (agreement) signed in accordance with the established procedure between working and the organization, the insurer or conditions of the employment contract (contract);";

in subitem 3.4 of the word of "the order of the organization, the insurer" shall be replaced with words "tasks of the organization, the insurer (her (his) authorized officer)";

the fourth subitem 3.10 to state the paragraph in the following edition:

"on the individual transport used for needs of the organization, insurer according to the agreement (agreement) signed in accordance with the established procedure between working and the organization, the insurer or conditions of the employment contract (contract);";

state Item 24 in the following edition:

"24. Accident is drawn up by the act of non-productive accident of form of NP (further - the act of form of NP) if damage of health, the death of the victim:

24.1. occurred owing to the established court or body conducting administrative process, illegal act of the victim, committed intentionally;

24.2. occurred owing to intentional damnification to the health;

24.3. occurred under circumstances when the single reason of damage of health, the death of the victim its stay in alcohol intoxication or in the condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances, supported by the document issued in accordance with the established procedure by the organization of health care was;

24.4. are caused only by the disease of the victim which was available for it before damage of health, death of the supported document issued by the organization of health care or other competent organization (body) authorized according to the legislation on issue of the conclusions about disease availability at the victim or about the reasons of his death;

24.5. occurred in case of simultaneous observance of the following conditions:

not in case of execution by the victim of labor obligations or not in case of performance of work on the instructions of the organization, the insurer (her (his) authorized officer);

not under the circumstances provided in subitems 3.2-3.6 and 3.10 of Item 3 of these rules;

not when following on the territory of the organization, insurer to workplace and back during periods of time before the beginning and after completion of work, not in case of arrangement of the equipment, tools, devices and individual protection equipment and not in case of accomplishment of other actions provided by employment policies and procedures before the beginning and after completion of work.

The statement of form of NP is drawn up by persons specified in Item 23 of these rules, in four copies.";

add Rules with Item 24-1 of the following content:

"24-1. The decision on registration by the act of form of NP of the accidents which happened under the circumstances specified:

in subitem 24.2 and part one of subitem 24.5 of Item 24 of these rules, is accepted if as a result of investigation it is not determined that accident happened when making by the victim of the lawful actions directed to prevention of catastrophic crash, production accident, accident, destruction or spoil of property of the insurer or other property;

in subitem 24.3 of Item 24 of these rules, is accepted if as a result of investigation organizational, technical, sanitary and hygienic, psychophysiological and other reasons, and also harmful production factors influencing the victim at the time of accident which led to deterioration in health of the victim are not revealed.";

Item 33 part one after the words "containing in OUIS" to add with the words "being in";

2.6. the third and fourth subitem 1.1 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of December 4, 2009 "About the amount of assignments from insurance premiums on compulsory insurance from labor accidents and occupational diseases" to state paragraphs to No. 1584 in the following edition:

"on expenses on conducting case in the amount of 6 percent from the amount of insurance premiums on this type of insurance;

on payment of compulsory insurance premiums in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus according to the Law of the Republic of Belarus of February 29, 1996 No. 138-XIII "About compulsory insurance premiums in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus" in their actual size;";

2.7. in Item 30 of the Visa rules of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 15, 2010 No. 1065:

third after words to Republic of Belarus to add part with words ", or the notification reproduced on paper in case of the conclusion of the agreement of compulsory medical insurance in electronic form";

after part three to add Item with part of the following content:

"The notification confirming the conclusion of the agreement of compulsory medical insurance in electronic form can not be represented to bodies of issue of entrance visas for consideration of the petition for issue of visa in the presence at the called bodies of information on the agreement of compulsory medical insurance obtained from insurance company.";

2.8. in the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, No. 156 approved by the resolution of Council of Ministers of the Republic of Belarus of February 17, 2012:

the fourth to exclude the paragraph from the column "Name of Ministerial Procedure" of Item 15.7;

to state the column "Name of Ministerial Procedure" of Item 15.10 in the following edition:

"15:10. Coordination of rules of voluntary insurance, the changes and (or) additions made to rules of insurance";

exclude Item 15.11;

in Item 15.13:

to exclude from the column "Name of Ministerial Procedure" of the word of "(insurance premiums)";

from paragraphs two and third to exclude the columns "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" of the word "1-SU" and "(insurance premiums)";

in Item 15.14-2:

add the column "Name of Ministerial Procedure" with words "(further in this Item - the register), exception of the register";

state the column "The List of the Documents and (or) Data Represented by Interested Persons to Authorized Body for Implementation of Ministerial Procedure" in the following edition:

"in case of inclusion of the foreign insurance (reinsurance) organization in the register:

statement

the statement from the trade register of the country of the location of the foreign organization or other equivalent proof of legal position of the foreign organization according to the legislation of the country of its organization, the submissions of documents issued no later than three months about one day for inclusion in the register, or the petition of the body exercising supervision of activities of the foreign insurance (reinsurance) organization

in case of exception of the register - the statement of the insurance (reinsurance) organization of the Republic of Belarus or the foreign insurance (reinsurance) organization with indication of the exception reasons";

2.9. in the resolution of Council of Ministers of the Republic of Belarus of April 25, 2014 No. 393 "About approval of the Regulations on procedure for providing with temporary disability benefits in connection with labor accidents and occupational diseases":

to exclude from preamble of the word "About Insurance Activity";

in Item 1:

exclude the word "enclosed";

add Item with the word "(is applied)";

To be reworded as follows the regulations on procedure for providing with temporary disability benefits in connection with labor accidents and occupational diseases approved by this resolution it (is applied);

2.10. in the resolution of Council of Ministers of the Republic of Belarus of June 24, 2014 No. 613 "About approval of the Regulations on the register of insurance agents of the Ministry of Finance and entering of amendments into the resolution of Council of Ministers of the Republic of Belarus of February 17, 2012 No. 156":

state preamble in the following edition:

"Based on part two of Item 35 of the Regulations on insurance activity in the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of August 25, 2006 No. 530, Council of Ministers of the Republic of Belarus DECIDES:";

in Item 1:

exclude the word "enclosed";

add Item with the word "(is applied)";

in Regulations on the register of insurance agents of the Ministry of Finance approved by this resolution:

in subitem 2.2 of Item 2 of the word "within calendar year" shall be replaced with words "in 12 months preceding date of the appeal to the Ministry of Finance with the written application about inclusion in the register";

to add Item 5 after the paragraph of third with the paragraph of the following content:

"representation by the organization of the letters confirming intention about cooperation with the organization from several insurance companies performing the types of insurance which are not relating to life insurance;";

state Item 11 in the following edition:

"11. The insurance agent - the organization shall inform in ten-day time the Ministry of Finance by submission of the written application with application of documents, stipulated by the legislation on ministerial procedures:

about change of the name and (or) the location of insurance agent - the organization;

about change of type of activity of insurance agent - the organization;

about the conclusion (termination) of the civil contract with insurance company on behalf of which insurance agent - the organization has the right to perform intermediary activities for insurance.

Based on the received documents Ministry of Finance within 10 days enters the corresponding record in the register.";

add Item 12 with the paragraph of the following content:

"non-executions of the obligation provided in paragraph four of part one of Item 11 of this provision - in case of implementation of intermediary activities for insurance upon name of one insurance company.";

state Item 13 in the following edition:

"13. The Ministry of Finance performs exception of insurance agent - the organization from the register:

within 10 calendar days from the date of receipt of the written application of insurance agent - the organization;

on the basis specified in paragraph four of Item 12 of this provision according to information which arrived from the State Control Committee;

on the basis specified in paragraph five of Item 12 of this provision according to information which arrived from insurance company.

Information on exception of insurance agent - the organization from the register with indication of date of exception goes the Ministry of Finance to this insurance agent - the organization, insurance companies on behalf of which it performed intermediary activities for insurance, and is posted on the official site of the Ministry of Finance on the global computer Internet.";

2.11. in the resolution of Council of Ministers of the Republic of Belarus of June 30, 2014 No. 637 "About approval of the Regulations on payment procedure of the additional expenses connected with damage of health insured, on compulsory insurance from labor accidents and occupational diseases, modification and amendments in some resolutions of Council of Ministers of the Republic of Belarus and recognition voided some resolutions of Council of Ministers of the Republic of Belarus and their separate provisions":

to exclude subitem 2.3 of Item 2;

in Regulations on payment procedure of the additional expenses connected with damage of health insured, on compulsory insurance from labor accidents and occupational diseases, approved by this resolution:

to add the paragraph of the seventh of item 4 after the words "Republic of Belarus" with the words "in the free direction his insurer on such treatment";

in Item 25 of the word "within five working days from the date of decision making about purpose of payment" shall be replaced with words "no later than the 15th following after month in which the insurer makes the decision on purpose of payment of additional expenses, by transfer (delivery) by mail or transfers to the bank account (according to the data specified in the statement for payment of additional expenses)";

in Item 40:

add Item with words ", and also expenses on payment of the compensation payments and other charges entered by local government bodies";

add Item with part of the following content:

"The insurer offers insured for the choice of the permit in the sanatorium organizations performing treatment on profile in which needs of insured are determined. At the same time conditions of accommodation and food proceeding from which the cost of the permit offered by the insurer is determined are determined by the insurer in the procedure established by him.";

add Item 41 with words ", and also expenses on payment of the compensation payments and other charges entered by local government bodies";

third parts four of Item 42 to add the paragraph with words ", or insured he does not agree with conditions of accommodation and food on the permit offered by the insurer";

2.12. in the resolution of Council of Ministers of the Republic of Belarus of July 19, 2017 No. 538 "About approval of report form about means on compulsory insurance from labor accidents and occupational diseases and Regulations on procedure for its creation and representation":

to exclude from preamble of the word "About Insurance Activity";

in Item 1:

to exclude the word "enclosed" from paragraph one;

paragraphs two and third to add with the word "(is applied)";

the report form about means on compulsory insurance from labor accidents and occupational diseases approved by this resolution to be reworded as follows it (is applied);

in Regulations on the procedure for creation and submission of the report on means on compulsory insurance from labor accidents and occupational diseases approved by this resolution:

in item 4:

in part one:

words of "cancellation of the decision on investment of separate division of the legal entity with the right to payment of insurance premiums" shall be replaced with words "the terminations of powers of separate division of the legal entity on maintaining separate balance, decision making about charge of insurance premiums and financing of expenses on their payment for other persons";

words of "cancellation of the specified decision" shall be replaced with words "the terminations of the specified powers, entries into force of the relevant decision";

in part two:

word in paragraph one of "cancellation of the decision on investment of separate division of the legal entity with the right to payment of insurance premiums" shall be replaced with words "the terminations of powers of separate division of the legal entity on maintaining separate balance, entry into force of the decision on charge of insurance premiums and financing of expenses on their payment for other persons";

third after the words "in the decision of the legal entity about" to add the paragraph with words "completion of the procedure";

the fourth to state the paragraph in the following edition:

"date with which powers of separate division of the legal entity on maintaining separate balance stop;";

add part with the paragraph of the following content:

"the date of entry into force of the decision on charge of insurance premiums and financing of expenses on their payment for other persons.";

in part three:

word in paragraph three of "the right to payment of insurance premiums" shall be replaced with words "powers on maintaining separate balance";

add part with the paragraph of the following content:

"according to the legal entity on whom the decision on charge of insurance premiums and financing of expenses on their payment by the other person is made, - person who performs charge of insurance premiums and financing of expenses on their payment, or his representative.";

in Item 5:

part one after the words "expirations" and "not being individual entrepreneur," to add respectively with words "(the terminations, termination)" and "or the insurer - the foreign organization";

the second to state part in the following edition:

"For the purposes of this Item month of liquidation, termination of activities, opening of bankruptcy proceedings, expiration (the termination, termination) employment and civil contracts is understood as month on which it falls respectively:

receipt date of the petition for dissolution of the legal entity (the termination of activities of the individual entrepreneur) in registering body;

acceptance date registering body of the decision on liquidation of the legal entity (termination of activities of the individual entrepreneur);

the date of entry into force of the court order considering economic cases about liquidation of the legal entity (the termination of activities of the individual entrepreneur);

the date of entry into force of the court order considering economic cases about opening of bankruptcy proceedings;

decision date about the termination of activities of representative office of the foreign organization;

expiry date (terminations, termination) last employment or civil contract.";

state Item 6 in the following edition:

"6. The report can not be submitted in the following cases:

6.1. if in the accounting period at the same time following conditions are complied:

the insurer did not charge payments for benefit of citizens whose life and health is subject to compulsory insurance from labor accidents and occupational diseases on which insurance premiums are assessed;

the insurer did not pay insurance premiums, penalties, penalty fee on compulsory insurance from labor accidents and occupational diseases (further - insurance premiums, penalties, penalty fee respectively);

the insurer did not make offsetting of excessively arrived insurance premiums on account of repayment of the debt on penalties, penalty fee which is registered for the insurer or return of excessively paid insurance premiums;

were not collected from the insurer insurance premiums, penalties, penalty fee in forced (indisputable) procedure (were not written off);

6.2. if the court order, considering economic cases, about liquidation of the legal entity (the termination of activities of the individual entrepreneur) became effective;

6.3. if month in which there came circumstances for submission of the report on reorganization falls on December. In this case the report for calendar year is not submitted, the insurer shall submit only the report on reorganization;

6.4. if one of the dates specified in paragraphs the second or fifth part two of Item 5 of this provision falls on the period from January 1 to January 25. In this case the report for calendar year is not submitted, the insurer shall submit only the report on liquidation including if the term of submission of the report on liquidation falls on the period after January 25.";

in Item 7:

after the words "in the established form" to add Item with the words "or with violation of method or procedure for its representation";

the words "reduced" and "or the signature of the head of the insurer (insurer) or representative of the insurer authorized on creation of the report is not put down" to exclude;

to exclude from the name of Chapter 2 of the word "and the number of the victims as a result of labor accidents and got occupational diseases";

in Item 11:

in part one of the word "Abbreviated name" to replace with the word "Name";

to exclude the word "reduced" from part two;

the second to exclude part from Item 13;

exclude Items 17 and 18;

in Item 20:

in part one of figure "04" to replace with figures "02";

in part three of the word "paid to insured persons" shall be replaced with words "paid by insured persons";

in Item 21:

replace figures "05" with figures "03";

replace the words "quarter" and "quarters" respectively with the words "month" and "months";

in Item 22:

in part one of figure "06", "07" and "12" to replace respectively with figures "04", "05" and "10";

in part two of figure "07" to replace with figures "05";

in part three of figure "08" and "09" to replace respectively with figures "06" and "07";

in part four of figure "10" to replace with figures "08";

in part five of figure "11" and "12" to replace respectively with figures "09" and "10";

exclude Items 23 and 24;

in Item 25 of the word "In the Lines 17-21" shall be replaced with words "In the lines 11-15";

in Item 26:

in part one:

replace figures "22", "23" and "25" respectively with figures "16", "17" and "19";

exclude the words "from the reorganized legal entity";

the second to state part in the following edition:

"In the lines 17, 18 and 19 the debt (overpayment) on insurance premiums, penalties and penalty fee which passed in the accounting period to the insurer according to the procedure pravopreemstva* is specified respectively. The debt is reflected with plus, excessively paid means - with minus sign.

______________________________

* The debt (overpayment) on insurance premiums, penalties and penalty fee which passed according to the procedure of legal succession is understood as debt (overpayment) transferred to the legal successor in accordance with the established procedure from the reorganized legal entity, separate division of the legal entity on whom the decision on liquidation or the termination of powers of separate division of the legal entity on maintaining separate balance, from the insurer on whom the decision on charge of insurance premiums and financing of expenses on their payment by the other person is made is made.";

state Item 27 in the following edition:

"27. On line 20 the total amount of means which is subject to payment is reflected. On line 21 the amount of insurance premiums which is subject to payment is specified. In the lines 22 and 23 are specified according to the amount of penalties and penalty fee which are subject to payment.";

in Item 28:

replace figures "30", "31", "32" and "33" respectively with figures "24", "25", "26" and "27";

"quarters" to replace the word with the word "months";

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