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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of November 17, 2020 No. 415

About increase in efficiency and quality of rule-making activities

Quality and stability of the legislation are the most important factors of ensuring activity of the population, functioning of economy, basis for forward development of the country and growth in prosperity of citizens. These parameters are reached due to forecast and analytical, expert and scientific study of rule-making initiatives, planning of bill activities, public discussion of projects of regulatory legal acts.

At the same time experience of response to world and interstate challenges requires immediate adoption of the major rule-making decisions without damage to quality and stability of legal regulation. Accomplishment of this task shall be reached first of all by means of constructive interaction of state bodies (organizations) by preparation and acceptance (edition) of regulatory legal acts.

For the purpose of increase in overall performance of state bodies (organizations) in rule-making process, and also further enhancement of rule-making activities I decide:

1. It is the widest to use planning tools in rule-making activities. For this purpose:

1.1. the legal acts and resolutions of Council of Ministers of the Republic of Belarus (further, if is not established other, - regulatory legal acts) for the first time establishing regulation of the public relations, systemically changing the existing legal regulation, the providing new obligations or the attracting additional financial expenses of citizens and subjects of managing, are developed, as a rule, on the basis of annual plans;

1.2. when implementing rule-making activities and its planning adjustment of regulatory legal acts is allowed not more often than once in two years, except as specified, when modification is necessary for operational regulation of the most important issues, and also based on requirements of regulatory legal acts of bigger legal force;

1.3. inclusion of offers on preparation of projects of regulatory legal acts (further if other is not established, - the project) in the plan is, as a rule, performed by results of the carried-out legal monitoring;

1.4. plans of preparation of projects of regulatory legal acts:

The president of the Republic of Belarus are developed by the National center of the legislation and legal researches according to the procedure, determined for planning of preparation of bills;

The governments of the Republic of Belarus are developed according to the procedure, determined by Council of Ministers of the Republic of Belarus;

1.5. the approved plans of preparation of projects are placed in open access on the National legal Internet portal of the Republic of Belarus;

1.6. the National center of the legislation and legal researches on the order of the Head of state, the Chief of Presidential Administration of the Republic of Belarus or the Presidentns deputy chief of staff of the Republic of Belarus coordinating activities of the called Center can be involved in development of planned and other projects of regulatory legal acts of the President of the Republic of Belarus.

2. Provide preparation in the shortest possible time of projects of the most important regulatory legal acts on the questions requiring operational regulation. For this purpose:

2.1. the decision on preparation of urgent projects is made by the President of the Republic of Belarus, and also the Chief of Presidential Administration of the Republic of Belarus, the Prime Minister of the Republic of Belarus or their first deputies;

2.2. preparation of urgent projects is performed in the accelerated procedure (including in format of meetings) according to requirements of this Decree;

2.3. aggregate term of preparation of urgent projects, including their coordination with interested and carrying out obligatory legal and other examinations, cannot exceed 10 working days.

3. Increase efficiency of rule-making activities of state bodies (organizations) and responsibility of their heads for regulation of the public relations. For this purpose:

3.1. The Council of Ministers of the Republic of Belarus has the right to adopt the regulatory legal acts necessary for realization of the tasks and functions assigned to it by legal acts without special fixing of powers on adoption of the specific act. At the same time such acts shall correspond to the Constitution of the Republic of Belarus, decisions of the President of the Republic of Belarus and the laws;

3.2. state body (organization) - developer of the project:

provides in the procedure established by the legislation acceptance of all measures for preparation of the project, including its planning, development, expert and scientific maintenance, implementation of forecasting of consequences of its acceptance, carrying out public discussion, coordination;

takes measures for development of the approved line item for the notes and offers which arrived on the project then gives assessment to the notes and offers which remained unaccounted with motivated reasons for the line item on each of them;

3.3. heads of state bodies (organizations) participating in work on the project bear the personal responsibility for accepted during its preparation, coordination, carrying out obligatory legal and other examinations of the decision, including for observance of established procedure and terms of adoption of such decisions.

4. Provide digitalization of rule-making activities and broad use of information technologies at all stages of preparation and acceptance (edition) of regulatory legal acts. For this purpose:

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