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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of October 21, 2019 No. 390

About approval of the Regulations on procedure of the state control in the sphere of the state secrets

For the purpose of enhancement of legal regulation of the relations in the sphere of the state secrets I decide:

1. Approve Regulations on procedure of the state control in the sphere of the state secrets it (is applied).

2. This Decree becomes effective in three months after its official publication.

President of the Republic of Belarus

A. Lukashenko

Approved by the Presidential decree of the Republic of Belarus of October 21, 2019 No. 390

Regulations on procedure of the state control in the sphere of the state secrets

1. This Provision determines procedure of the state control in the sphere of the state secrets by authorized state body by protection of the state secrets (further - authorized body).

2. The state control in the sphere of the state secrets (further - the state control) - the activities of authorized body aimed at ensuring compliance with the legislation on the state secrets, increase in efficiency of state regulation and management in the sphere of the state secrets.

3. The state control is exercised in forms:

checks of observance of requirements of the legislation on the state secrets (further - check);

documentary control;

taking measures of preventive and precautionary nature.

4. During checks the authorized body carries out assessment of sufficiency of application by the state bodies and other organizations given authority on reference of data to the state secrets (further - the checked subject), legal, organizational, technical and other measures of protection of the state secrets.

5. Documentary control is exercised by the analysis of data on condition of protection of the state secrets represented by the state security agencies, other state bodies and other organizations performing activities with use of the state secrets.

6. Measures of preventive and precautionary nature are implemented by carrying out explanatory work in the state bodies and other organizations performing activities with use of the state secrets about need of observance of requirements of the legislation on the state secrets, and also seminars, round tables and another.

7. Results of the state control are used for assessment of condition of homeland security in the information sphere concerning protection of the state secrets, and also for preparation of offers on forming of state policy and enhancement of protection of the state secrets.

8. When implementing the state control in the state bodies and other organizations performing activities with use of the state secrets, the authorized body solves the following problems:

receipt of complete and reliable information about condition of protection of the state secrets;

generalization, analysis and forecasting of condition of protection of the state secrets;

efficiency evaluation of the taken measures for ensuring protection of the state secrets and introduction of offers on their enhancement.

9. When implementing the state control results of control activities in the sphere of the state secrets of other state bodies can be considered.

10. Checks can be planned and unplanned.

11. Scheduled inspections are carried out according to the annual plan of checks of observance of requirements of the legislation on the state secrets (further - the annual plan of checks) approved by the head of authorized body or its deputy.

Data on scheduled inspections are led up to the checked subjects until the end of the year, their carrying out preceding year.

12. Unplanned (thematic and control) inspections are carried out without inclusion in the annual plan of checks.

Thematic inspections are carried out in case of receipt in authorized body of information specifying signs of violation of requirements of the legislation on the state secrets.

Control inspections are carried out for the purpose of studying by authorized body of quality and completeness of the measures for elimination of the revealed violations which are actually taken by the checked subject.

13. Checks in the state bodies providing activities of the President of the Republic of Belarus are carried out with the consent of the Head of state.

14. For conducting check by authorized body the commission as a part of at least two officials, including the commission chairman (further - checking), having the admission to the state secrets of the corresponding form is appointed.

15. It is performed based on the instruction on conducting check signed by the head of authorized body or its deputy and containing data on start date of check, term of its carrying out, structure of the commission, the admission to the state secrets checking and the questions which are subject to check. This instruction, and also official IDs checking before check are shown to the head of the checked subject or his deputy responsible for ensuring protection of the state secrets.

16. The head of the checked subject or his deputy responsible for ensuring protection of the state secrets determines workers in the presence of whom it will be performed (further - representatives of the checked subject).

17. Checking within the competence has the right:

enter service, production and other premises (objects) located in the territory of the checked subject for conducting check;

check identity documents at representatives of the checked subject;

within the questions which are subject to check to require and receive documents (their copy), necessary for check, from the checked subject;

demand written and oral explanations from representatives of the checked subject, other persons on the questions arising during check;

perform other powers, stipulated by the legislation about the state secrets.

18. Checking shall:

perform according to the instruction on its carrying out and the legislation on the state secrets;

before check to show to the representative of the checked subject the official ID, the instruction on conducting check;

perform in working hours of the checked subject;

require from representatives of the checked subject of submission only of those data and documents which belong to the questions which are subject to check;

acquaint the head of the checked subject with results of check;

take measures for the prevention and suppression of violations, introduction of offers on accountability of persons, actions (failure to act) of which entailed violations.

19. The checked subject, his representatives has the right:

refuse the admission of checking to conducting check in cases of lack of the instruction at them for its carrying out, official IDs, the expiration of check provided in this instruction;

not fulfill the requirement checking if they do not treat the questions which are subject to check;

offer explanations on the questions relating to check subject;

eliminate the revealed violations during conducting check;

appeal the decisions of officials of authorized body made by results of check, action (failure to act) of checking.

20. The checked subject, his representatives shall:

be convinced available at the checking official IDs, the instruction on conducting check;

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