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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of December 23, 2019 No. 475

About ensuring activities of state-financed organizations

For the purpose of enhancement of legal regulation of financial and economic activities of state-financed organizations *, increases in efficiency of use of budgetary funds:

1. Determine that:

1.1. executive committees of regional and basic territorial levels (further - executive committees) have the right to create public institutions (further - the centers) for ensuring activities (by implementation of the types of activity specified in subitem 1.6 of this Item and appendix) the following state-financed organizations:

organizations (organizations) of health care, education, culture, physical culture and sport, social servicing and other subordinates to executive committees of the organizations;

structural divisions of executive committees and local administrations of areas in the cities with the rights of the legal entity;

the executive committees of primary territorial level which are in the territory of the corresponding administrative and territorial units.

Lists of state-financed organizations which ensuring activities is performed by the centers (further - the organizations included in lists) affirm executive committees;

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* For the purposes of this Decree terms "state-financed organization", "manager of budgetary funds", "receiver of budgetary funds" are used in the values determined by the Budget code of the Republic of Belarus.

1.2. functioning of the centers, including their interaction with the organizations included in lists when carrying out public procurements, is performed based on the service provision agreement which standard form is established by Council of Ministers of the Republic of Belarus;

1.3. sources of financing of activities of the centers are means of local budgets, means from the activities of the centers which are bringing in incomes, including the money specified in subitem 1.5 of this Item and also other sources according to the legislation.

The centers have the right to perform the activities which are bringing in incomes according to the procedure, established by the legislation;

1.4. ensuring organization activity, included in lists, is made by the centers on a grant basis if other is not established in part one of subitem 1.5 of this Item;

1.5. by the agreement called in subitem 1.2 of this Item the obligation of the organizations specified in the paragraph the second to part one of subitem 1.1 of this Item * annually from the means from the activities which are bringing in incomes remaining at their order after the taxation to allocate money to the centers as remuneration for accomplishment of the functions assigned to them ** can be provided.

This money is not the free (sponsor's) aid, is not included non-operating incomes of the centers and goes them for material stimulation of the workers according to the legislation on work;

1.6. the centers are legal representatives of the organizations included in lists * in the relations regulated by the tax legislation, and also representatives of such organizations for other matters referred to these centers according to the service provision agreement.

The centers carry out obligations of the organizations included in lists in the amount determined by the agreement called in subitem 1.2 of this Item and bear the responsibility including established by legal acts for the organizations and their officials within the obligations transferred to them under this agreement, functions, documents, property and property rights;

______________________________

* Except for the organizations keeping financial accounting independently.

** The amount of the provided means is determined annually in profit and loss budgets of extrabudgetary funds of state-financed organizations. At the same time the cumulative size of means within calendar year shall not exceed 2 percent from revenue (income) received from implementation of the activities which are bringing in incomes in the current financial year by each organization.

1.7. executive committees include the centers in lists of administrators of budget receipts, establish their powers and assign to them sources of the income of local budgets.

2. Determine that:

2.1. standard rates of number of employees of the centers, and also lists, the sizes and procedure it the stimulating and compensating payments, except for the payments established according to Items 2, of 3, paragraphs the fourth and fifth Item 7, Item 8 of the Presidential decree of the Republic of Belarus of January 18, 2019 No. 27 "About compensation of employees of state-financed organizations" are determined by Council of Ministers of the Republic of Belarus;

2.2. in case of adoption by executive committees of decisions on transfer to the centers of the functions connected with ensuring organization activity, included in lists, the corresponding number of staff of workers is subject to exception of the staff list of state body.

Transfer of function according to part one of this subitem is not the basis for dismissal in connection with reducing number or staff of employees of state body to which transfer to the center is offered.

In case of refusal from transfer to the center employment relationships with workers stop for cause of failure from further work in connection with change of essential working conditions;

2.3. increase in the number of staff of the workers occupied with ensuring activities and (or) maintenance of the organizations included in lists during creation of the centers is not allowed;

2.4. local executive and administrative organs assist in employment of the faces which are earlier occupied with ensuring organization activity, included in lists on the available vacancies and workplaces created in the centers.

3. To Council of Ministers of the Republic of Belarus, local executive and administrative organs till January 1, 2020 to take measures for implementation of this Decree.

4. This Decree becomes effective in the following procedure:

Items 1 and 2 - since January 1, 2020;

other provisions of this Decree - after its official publication.

President of the Republic of Belarus A. Lukashenko

Appendix

to the Presidential decree of the Republic of Belarus of December 23, 2019 No. 475

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