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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 9, 2021 No. 319

About approval of operating mode of retail shopping facilities, objects of public catering, shopping centers and the markets after 23:00 and till 7:00

Based on Item 2 of article 17 of the Law of the Republic of Belarus of January 8, 2014 "About state regulation of trade and public catering" and in pursuance of the paragraph of third parts one of article 3 of the Law of the Republic of Belarus of January 4, 2021 No. 81-Z "About change of the Law of the Republic of Belarus "About state regulation of trade and public catering in the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: No. 128-Z

1. Approve Regulations on procedure and conditions of approval of operating mode of retail shopping facilities, objects of public catering, shopping centers and the markets after 23:00 and till 7:00 it (is applied).

2. This resolution becomes effective since July 8, 2021.

Prime Minister of the Republic of Belarus

R. Golovchenko

Approved by the Resolution of Council of Ministers of the Republic of Belarus of June 9, 2021 No. 319

Regulations on procedure and conditions of approval of operating mode of retail shopping facilities, objects of public catering, shopping centers and the markets after 23:00 and till 7:00

1. This Provision determines procedure and conditions of approval of operating mode of retail shopping facilities, objects of public catering, shopping centers and the markets (further, unless otherwise specified, - objects) after 23:00 and till 7:00.

2. Approval of operating mode of objects is performed by city, district executive committees, local administrations of areas in Minsk (further, unless otherwise specified, - local executive and administrative organs) in the location of objects.

3. For review object operating mode the subject of trade, the subject of public catering, administration of shopping center, administration of the market (further - the applicant) represent to the relevant local executive and administrative organ by the personal address or by mail the statement for approval of operating mode of object after 23:00 and till 7:00 (further - the statement) in form according to appendix.

4. The local executive and administrative organ no later than two working days from the date of receipt directs applications to the relevant territorial authority of internal affairs the order about evaluating compliance of object to the criteria of public safety established in part two of Item 5 of this provision to which the copy of the application is attached.

5. The territorial authority of internal affairs within three working days from the date of receipt of the documents specified in item 4 of this provision carries out assessment of conformity of object to the criteria of public safety established in part two of this Item by results of which constitutes the conclusion about compliance or discrepancy of object to criteria of public safety and sends it to the relevant local executive and administrative organ.

Criteria of public safety are availability in (on) object:

manual system of the disturbing alarm system, control of which during work of object * after 23:00 and till 7:00 is performed by division of Department of protection of the Ministry of Internal Affairs;

means of system of video surveillance behind condition of public safety ** or local system of video surveillance ***, connected to republican monitoring system of public safety, or the local system of video surveillance without such connection answering with certain regulations of functioning of republican monitoring system of public safety to requirements:

to the equipment of the automated workplace;

to technical characteristics, installation and additional requirements to different types of video cameras;

to providing the minimum list of zones of the overview and tasks of video surveillance depending on classification of object and types of video cameras.

______________________________

* Except for portable means of peddling trade.

** For the objects which are subject to the obligatory equipment means of system of video surveillance behind condition of public safety according to the Presidential decree of the Republic of Belarus of November 28, 2013 No. 527 "About questions of creation and use of system of video surveillance for the benefit of ensuring public order".

*** Except for portable means of peddling trade, portable shopping facilities and portable objects of public catering.

6. The local executive and administrative organ considers the application and the conclusion provided by territorial authority of internal affairs and within 15 working days from the date of receipt of the statement approves object operating mode after 23:00 and till 7:00 or refuses its approval.

7. The local executive and administrative organ refuses approval of operating mode of object after 23:00 and till 7:00 in the cases determined in article 25 of the Law of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures" and also in cases:

receipts from territorial authority of internal affairs of the conclusion about discrepancy of object to criteria of public safety;

requests for approval of operating mode of object after 23:00 and till 7:00 before the expiration of one year from the date of decision making about recognition voided approvals of operating mode of such object after 23:00 and till 7:00 on the bases provided in part one of Item 8 of this provision.

8. According to the decision of local executive and administrative organ approval of operating mode of object after 23:00 and till 7:00 terminates by recognition its voided in cases:

receipts from territorial authority of internal affairs of the conclusion about discrepancy of object to criteria of public safety;

systematic (rub also more time within calendar year) receipts in local executive and administrative organ of collective addresses of the citizens living in the territory, adjacent to object, in radius of 50 meters with reasonable complaints about functioning of such object after 23:00 and to 7.00, entailed infringement of the rights, freedoms and legitimate interests of citizens by results of which consideration the facts of making by the applicant or his official of the same violation of the law when implementing activities in object are documentary confirmed.

The decision on cancellation of approval of operating mode of object after 23:00 and till 7:00 is accepted by local executive and administrative organ from the date of receipt from territorial authority of internal affairs of the conclusion about discrepancy of object to criteria of public safety or collective addresses in quantity, certain in paragraph three of part one of this Item in a month.

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