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LAW OF THE REPUBLIC OF BELARUS

of October 14, 2022 No. 213-Z

About licensing

Accepted by the House of Representatives on September 26, 2022

Approved by Council of the Republic on September 26, 2022

Section I. General provisions

Chapter 1. Basic provisions

Article 1. The main terms used in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are used:

gross violation of the legislation on licensing – the violation provided by this Law as that for specific type of activity and which entailed damnification to the state or public concerns, life, health, the rights and legitimate interests of citizens, the environment or created threat of causing such harm;

the activities connected with specific goods (works, services) – the activities connected with military products, cryptographic information security and means of secret receipt of information;

dolitsenzionny requirements – set of the requirements established by this Law to which there shall correspond license applicant for decision making about provision of the license;

The unified register of licenses (further – ERL) – placed on the global computer Internet (further – the Internet) and the state information system "Unified Register of Licenses" containing information on the provided licenses, their change, suspension, renewal, the termination, and also other data provided by this Law integrated with the nation-wide automated information system;

the licensee – person to whom the license is provided;

licensed requirements – set of the requirements established by this Law imposed to the licensee when implementing of the licensed type of activity. Requirements about compliance with law in the corresponding field of activity in general cannot be carried to licensed requirements;

licensing – complex of the measures realized by the state connected with provision of licenses, their change, suspension, renewal, the termination, control over the implementation by licensees of the legislation on licensing including licensed requirements;

licensing authorities – the state bodies and other organizations authorized according to this Law to perform licensing;

the license – the right to the implementation of the type of activity carried to the licensed type of activity by this Law, provided according to the decision of the licensing body according to the procedure, established by this Law;

separate division – the division of the legal entity located out of the location of the legal entity (including located in the territory of the settlement which is the location of this legal entity) which status is determined by the legislation, constituent or other organizational and administrative documents of this legal entity;

assessment of conformity of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements – determination of observance by the license applicant of dolitsenzionny requirements, the licensee of licensed requirements;

the data necessary (important) for decision making about provision, change of the license, – data on compliance of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements;

the license applicant – person who filed in the licensing body petition for provision of the license;

examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements – determination of observance by the license applicant of dolitsenzionny requirements, the licensee of licensed requirements with use of special knowledge in the field of science, the equipment and other fields of activity.

Article 2. Coverage of this Law

1. This Law governs the relations in the field of licensing, determines the list of the licensed types of activity, establishes procedure for their licensing.

2. This Law, except for articles 3 and 8 of this Law, does not extend on:

2.1. the activities connected with specific goods (works, services);

2.2. activities in the field of use of atomic energy and sources of ionizing radiation;

2.3. foreign trade activity;

2.4. the activities licensed by National Bank.

Article 3. Legal regulation of the relations in the field of licensing

1. The relations in the field of licensing are governed by the legislation on licensing, and also the international treaties of the Republic of Belarus and other international legal acts containing obligations of the Republic of Belarus.

2. The legislation on licensing is based on the Constitution of the Republic of Belarus and consists of this Law and other acts of the legislation.

3. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 4. Licensing purposes

Licensing is performed for the purpose of ensuring protection of the state and public concerns, life, health, the rights and legitimate interests of citizens, the environment.

Article 5. Criteria of reference of types of activity by licensed

Licensing is performed concerning types of activity:

posing the increased hazard to life and health of citizens;

the state and public concerns connected with high risk of violation, the rights and legitimate interests of citizens;

constituting the increased danger to the environment;

which licensing is provided by the international treaties of the Republic of Belarus and other international legal acts containing obligations of the Republic of Belarus.

Article 6. Principles of licensing

Licensing is performed on the principles:

priority of protection of the state and public concerns, life, health, rights and legitimate interests of citizens, environment;

equal rights of license applicants and licensees;

prohibition of use of licensing of types of activity for competition restriction;

determinations of the list of the licensed types of activity, the list of the works and (or) services constituting the licensed type of activity it is exclusive proceeding from need of goal achievement, the stipulated in Article 4 presents of the Law, and compliance to criteria, the stipulated in Article 5 these Laws;

determinations of the exhaustive list of dolitsenzionny and licensed requirements taking into account their rationality, proportionality and economic justification;

independence of licensing authorities in decision making concerning licensing, including in the course of control of accomplishment by licensees of the legislation on licensing, including licensed requirements;

inadmissibility of suspension and the termination of the license for insignificant violations and formal offenses *;

inadmissibility of collection from job seekers of licenses and licensees of payment for licensing implementation, except for payments of the state fee according to the procedure and the sizes established by legal acts and also payments under the agreement on conducting examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements;

the maximum use of information technologies in the course of interaction of licensing authorities, job seekers of licenses and licensees;

openness and availability of information on procedure for licensing, and also about licensees.

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* For the purposes of this Law insignificant violation is understood as the violation which did not do harm to the state and public concerns, to life, health, the rights and legitimate interests of citizens, the environment and did not create threat of causing such harm. Formal offense is understood as violation of procedure for submission of the reporting, other data or documents, stipulated by the legislation, not done harm to the state or public concerns, to life, health, the rights and legitimate interests of citizens, the environment and not created threat of causing such harm.

Chapter 2. State regulation and management in the field of licensing

Article 7. State regulation and management in the field of licensing

State regulation and control in the field of licensing exercise the President of the Republic of Belarus, Council of Ministers of the Republic of Belarus, the Ministry of Economics, the Ministry of anti-monopoly regulation and trade, licensing authorities within the competence determined by this Law and other legal acts.

Article 8. Powers of the President of the Republic of Belarus in the field of licensing

The president of the Republic of Belarus in the field of licensing:

determines single state policy;

determines procedure for licensing of the activities connected with specific goods (works, services), the works constituting it and services and powers of the state bodies performing licensing of these types of activity;

determines procedure for licensing of activities in the field of use of atomic energy and sources of ionizing radiation;

establishes features of legal regulation;

performs other powers according to the Constitution of the Republic of Belarus, this Law and other legal acts.

Article 9. Powers of Council of Ministers of the Republic of Belarus in the field of licensing

Council of Ministers of the Republic of Belarus in the field of licensing:

provides carrying out single state policy;

determines procedure for forming and functioning of ERL;

determines procedure for representation and lists of the documents and (or) data necessary for decision making concerning licensing represented by the license applicant, the licensee, and also requested by the licensing body or authorized by this licensing body its territorial authority, the subordinate organization, the organization which is part (system) of the licensing body at other state bodies and other organizations;

establishes requirements to storage locations of oil products and gas stations for implementation of wholesale trade by oil products, wholesale trade by import oil products, retail trade by oil products;

performs other powers according to the Constitution of the Republic of Belarus, this Law and other legal acts.

Article 10. Powers of the Ministry of Economics in the field of licensing

The Ministry of Economics in the field of licensing:

generalizes practice of application of the legislation on licensing;

develops suggestions for improvement of the legislation on licensing;

approves projects of regulatory legal acts;

performs coordination of activities of licensing authorities for general questions of licensing;

is the owner of ERL.

Article 11. Powers of the Ministry of anti-monopoly regulation and trade in the field of licensing

The ministry of anti-monopoly regulation and trade in the field of licensing of wholesale trade and storage of alcoholic, non-food alcohol-containing products, non-food ethyl alcohol and tobacco products, and also in the field of licensing of retail trade by alcoholic beverages, tobacco products, not tobacco nicotinocontaining tobacco products, liquids for electronic systems of smoking including which are in electronic systems of smoking (further – liquids for electronic systems of smoking):

generalizes practice of application of the legislation concerning licensing;

performs coordination of activities of licensing authorities;

develops suggestions for improvement of the legislation.

Article 12. Powers of licensing authorities

1. The licensing body:

1.1. makes decisions concerning licensing (except as specified when adoption of such decision this Law is referred to competence of court);

1.2. determines procedure for evaluating and (or) examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements, qualification examination;

1.3. enters in ERL information on the provided licenses, their change, suspension, renewal, the termination, and also other data provided by this Law;

1.4. creates in the cases provided by this Law, the commission on questions of licensing, the qualification commission for holding qualification examination (further, unless otherwise specified, – the qualification commission), the qualification commission on questions of lawyer activities in the Republic of Belarus, is established by procedure for activities and power of such commissions;

1.5. exercises control over the implementation by licensees of the legislation on licensing, including licensed requirements;

1.6. performs other powers in the field of licensing provided by this Law and other legal acts.

2. In the cases provided by this Law, separate powers of the licensing body perform structural divisions of the licensing body, its territorial authorities, the subordinate organizations, the organizations which are its part (system).

Information on assignment of separate powers shall be posted on the official site of the licensing body on the Internet.

Chapter 3. Licensing scope

Article 13. The list of the licensed types of activity

Types of activity according to appendix 1 are subject to licensing.

Article 14. Restrictions of scope of licensing

1. The activities performed by National Bank, military units (organizations) of Armed Forces of the Republic of Belarus both other troops and military forming, law-enforcement bodies, bodies and divisions on emergency situations, the State committee of judicial examinations, other state bodies, storage bases of medical equipment and property of the Republic of Belarus according to the tasks assigned to them by legal acts and resolutions of Council of Ministers of the Republic of Belarus are not subject to licensing.

2. This Law, the President of the Republic of Belarus can provide that separate types of activity, the works and (or) services constituting these types of activity are not subject to licensing in the relation:

2.1. certain categories of physical persons and legal entities;

2.2. implementation of the activities which are not entrepreneurial;

2.3. other cases provided by this Law.

Article 15. Licensing cancellation, change of the name of the licensed type of activity

1. In case of cancellation of licensing of type of activity the licensing body loses powers of the licensing body, and the licenses provided on implementation of this type of activity stop.

In case of cancellation of licensing of the works and (or) services constituting the licensed type of activity, licenses stop concerning the specified works and (or) services.

Licenses continue to be effective concerning the works and (or) services which are constituting the licensed type of activity, subject to licensing according to this Law.

2. In cases of change of the name of the licensed type of activity, the works and (or) services constituting this type of activity, allocations in the separate licensed type of activity of such works and (or) services, the subject of this type of activity, the license for implementation of this licensed type of activity which is not leading to change, the works and (or) services constituting this type of activity remain.

Chapter 4. Decisions concerning licensing

Article 16. Decisions concerning licensing

1. Decisions concerning licensing are decisions on provision, on refusal in provision, about change, about refusal in change, about suspension, about renewal, about the termination of the license.

2. Decisions concerning licensing are made by collegiate organ of the licensing body and drawn up by orders (decisions) of the licensing body, and in the cases provided by this Law – the licensing body based on decisions (conclusions) created by the licensing body of the commission on questions of licensing, the qualification commission on questions of lawyer activities in the Republic of Belarus if other is not established by this Law or the President of the Republic of Belarus.

3. The termination of the license is by a court decision performed in cases, stipulated in Item 3 articles 39 of this Law.

4. The notification on the made decision concerning licensing within three working days from the date of its acceptance goes to the license applicant, the licensee on the last known licensing body to the postal address, the location address by means of mail service, including the registered mail with the custom notification on obtaining, or in the form of the electronic document * through the single portal of electronic services of the nation-wide automated information system (further – the single portal of electronic services).

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* The electronic document shall be signed by the digital signature developed with use of personal key which certificate of open key is published by republican certification center of the State management system open keys of verification of the digital signature of the Republic of Belarus.

5. The notification on the made decision concerning licensing is considered the received license applicant, the licensee after three working days from the date of the direction of this notification and also if:

5.1. the addressee refused receipt of the notification and such refusal is documentary fixed;

5.2. the addressee was not behind receipt of the notification sent it by means of mail service in accordance with the established procedure about what there is message of the organization of mail service;

5.3. the notification sent to the license applicant, the licensee on the last known licensing body to the postal address, the location address by means of mail service is not handed due to the lack of the addressee to the specified address about what there is message of the organization of mail service.

Article 17. Appeal of the decision concerning licensing

1. The decision made by the licensing body concerning licensing can be appealed by the license applicant, the licensee judicially in a month.

2. Monthly term is estimated from the date of when the notification on the made decision concerning licensing is considered the received license applicant, the licensee.

 

Chapter 5. Licensees. Receipt of the license. Procedure and bases of provision, change of licenses. Effects of reorganization of the licensee – the legal entity

Article 18. Licensees. Receipt of the license

1. Obtain the license if other is not established by this Law, can:

1.1. physical persons (only on the lawyer activities and activities connected with collecting and exhibiting of weapon and ammunition);

1.2. legal entities of the Republic of Belarus (further, unless otherwise specified, – legal entities);

1.3. the individual entrepreneurs registered in the Republic of Belarus (further, unless otherwise specified, – individual entrepreneurs);

1.4. the foreign organizations created according to the legislation of foreign states (further, unless otherwise specified, – the foreign organizations);

1.5. the individual entrepreneurs who are foreign citizens and stateless persons, registered in foreign state – the member of the Eurasian Economic Union (only on activities in the field of rail transport public).

2. Separate divisions perform the licensed type of activity, perform works and (or) render the services constituting the licensed type of activity based on the license granted to the legal entity.

3. For receipt of the license and implementation of the licensed type of activity in the territory of the Republic of Belarus the foreign organizations do not need opening of representations in the territory of the Republic of Belarus.

Article 19. Collection of the state fee for provision, change of the license and compensation to licensing authorities of the expenses connected with licensing

1. For provision, change of the license the state fee according to the procedure and the sizes established by legal acts is collected.

2. The expenses of licensing authorities connected with licensing are performed for the account and within means republican or the local budgets which are annually provided on content of relevant organs, and also other sources which are not prohibited by the legislation.

Article 20. Filing of application about provision of the license

1. The statement for provision of the license with the documents necessary for decision making on provision of the license attached to it, can be submitted to the licensing body personally by the license applicant or is directed by means of mail service or submitted electronically through the single portal of electronic services.

2. The application for provision of the license is electronically submitted through the single portal of electronic services after receipt of access to it with use:

2.1. the unique identifier of the license applicant (except cases when license applicant is the legal entity). The procedure for receipt of the unique identifier is established by Council of Ministers of the Republic of Belarus;

2.2. personal key of the digital signature which certificate of the corresponding open key is published by republican certification center of the State management system open keys of verification of the digital signature of the Republic of Belarus.

3. The documents and (or) data necessary for decision making on provision of the license, can be received by the licensing body or in the cases provided by this Law, its territorial authority, the subordinate organization, the organization which is part (system) of the licensing body at other state bodies and other organizations by means of:

the nation-wide automated information system from the state registers, registers, inventories, lists, catalogs, bases and databanks, other information resources and information systems integrated with the nation-wide automated information system;

the directions of requests and receipt of answers in the form of electronic documents with use of system of interdepartmental electronic document management of state bodies;

directions of requests and receipt of answers in writing;

other methods established by the legislation.

In case of the direction the licensing body or in the cases provided by this Law, its territorial authority, the subordinate organization, the organization which is part (system) of the licensing body of request documents and (or) data shall be provided by other state bodies and other organizations within five working days from the date of its obtaining.

4. In case of filing of application about provision of the license her job seeker has the right to submit independently the documents and (or) data requested by the licensing body or in the cases provided by this Law, its territorial authority, the subordinate organization, the organization which is part (system) of the licensing body at other state bodies and other organizations.

Article 21. Consideration of the application about provision of the license

1. The application for provision of the license shall be considered by the licensing body:

1.1. within 25 working days from the date of its acceptance if this Law provides evaluating or examinations of compliance of opportunities of the license applicant to dolitsenzionny requirements, qualification examination;

1.2. within 15 working days from the date of its acceptance in other cases.

2. The licensing body for results of consideration of the application about provision of the license and the documents necessary for decision making on provision of the license, and also materials attached to it by results of assessment or examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, qualification examination accepts one of the following decisions:

2.1. about provision of the license to her job seeker;

2.2. about refusal in provision of the license to her job seeker;

2.3. about refusal in provision of the license to her job seeker on one or several separate divisions, concerning one or several works and (or) services constituting the licensed type of activity, one or several shopping and other facilities, rooms, vehicles, the territories and about provision of the license to her job seeker on other separate divisions concerning other works and (or) services constituting the licensed type of activity, the shopping and other facilities, rooms, vehicles, the territories specified by the license applicant in the statement for its provision.

3. The licensing body makes the decision specified in subitem 2.2 of Item 2 of this Article, in liquidation cases (the activities termination), the death of the license applicant.

The licensing body makes the decision specified in subitems 2.2 or 2.3 of Item 2 of this Article, in case:

availability in the statement for provision of the license and the documents necessary for decision making on provision of the license, the facts of unauthenticity of the data necessary (important) attached to it for decision making about provision of the license;

absence at the license applicant of the right to the license according to this Law (if to the license applicant it was not refused reception of an application about provision of the license);

inclusions of the license applicant in lists of the organizations, forming, individual entrepreneurs and citizens involved in extremist activities, the list of the organizations and physical persons the, including individual entrepreneurs involved in terrorist activities, according to the procedure and the cases established by the legislation;

discrepancies of the submitted documents and (or) data to the requirements determined by Council of Ministers of the Republic of Belarus;

availability of the conclusion about discrepancy of opportunities of the license applicant to dolitsenzionny requirements constituted by results of carried out according to this Law of assessment or examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, qualification examination;

refusal in writing or evasion * the license applicant from passing of assessment or examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, qualification examination;

findings of the license applicant in the course of liquidation (the activities termination).

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* For the purposes of this Law evasion is understood as absence of the head, head of separate division or other worker of the license applicant – the legal entity, the licensee, the license applicant – physical person, including the individual entrepreneur, on qualification examination, non-presentation to the licensing body of information necessary for evaluating compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements, not conclusion of the agreement on conducting examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements in the terms determined for consideration of the application about provision of the license.

4. The licensing body notifies the license applicant on the decision accepted according to part two of Item 3 of this Article.

Article 22. Bases of change of the license

1. The licensee shall address to the licensing body behind change of the license in case:

1.1. changes of the name, the location of the licensee – the legal entity, the licensee – the foreign organization or surname, own name, middle name (if that is available), registration at the place of residence (the residence of the foreign citizen or the stateless person) of the licensee – physical person, including the individual entrepreneur;

1.2. need of change of the data specified in ERL in connection with reorganization of the licensee – the legal entity;

1.3. changes of the legislation attracting need of change of the license (except as specified, stipulated in Item 2 articles 15 of this Law);

1.4. changes of the list of the works and (or) services constituting the licensed type of activity including in each separate division, shopping and other facility, the room, the vehicle;

1.5. changes of the territory in which the licensee performs the licensed type of activity, the list of separate divisions, shopping and other facilities, rooms, vehicles in which (with which use) the licensed type of activity will be performed;

1.6. changes of other information about the licensee specified in ERL if other is not established by this Law.

2. The licensee, the legal entity to which the license passed address for change of the license in a month from the date of:

2.1. changes of the location of the licensee – the legal entity;

2.2. state registration of the changes and (or) additions made to the constituent document of the licensee – the legal entity, including in connection with its reorganization in the form of allocation, transformation, state registration of the changes made to the certificate on state registration of the licensee – the individual entrepreneur;

2.3. state registration of the legal entity created as a result of reorganization of the licensee – the legal entity in the form of separation, allocation or merge, the termination of activities of the licensee – the legal entity as a result of reorganization in the form of accession;

2.4. issues of the document on change (change) of surname, own name, middle name (if that is available), changes in the identity document, information on registration on the residence (the residence of the foreign citizen or stateless person) of the licensee – physical person;

2.5. entries into force of the regulatory legal act attracting need of change of the license if the corresponding regulatory legal act does not establish other;

2.6. changes of other information about the licensee specified in ERL.

Article 23. Filing of application about change of the license

1. The statement for change of the license with the documents necessary for decision making on change of the license attached to it, can be submitted to the licensing body personally the licensee or is directed by means of mail service or submitted electronically through the single portal of electronic services.

2. In case of change of the location (registration at the place of residence) the licensee involving change of the licensing body, the application for change of the license is directed by the licensee to the licensing body for the new location (to registration at the place of residence) the licensee.

The licensing body for the new location (to registration at the place of residence) the licensee no later than the working day following behind day of receipt of the statement for change of the license requests from the licensing body still to the location (to registration at the place of residence) the licensee electronic documents, electronic copies of documents on papers, necessary for decision making about change of the license if they are not included in ERL archive.

The documents requested according to part two of this Item shall be submitted within five working days from the date of receipt of request.

Article 24. Effects of reorganization of the licensee – the legal entity

1. By reorganization of the licensee – the legal entity in the form of transformation the created legal entity has the right to perform activities based on the license provided to the reorganized legal entity.

2. By reorganization of the licensee – the legal entity in the form of allocation of one or more legal entities to perform activities based on the license provided to the reorganized legal entity, the having the right reorganized legal entity or one of the created legal entities on condition of its compliance to licensed requirements. Such transition of the license shall be provided by the separation balance sheet.

It is not required the notification by the reorganized legal entity of the licensing body about the termination of implementation of the licensed type of activity in connection with transition of the license to the created legal entity.

3. By reorganization of the licensee – the legal entity in the form of separation has the right to perform the licensed type of activity based on the license provided to the reorganized legal entity one of the created legal entities on condition of its compliance to licensed requirements. Such transition of the license shall be provided by the separation balance sheet.

4. By reorganization of the licensee – the legal entity in the form of merge to perform the licensed type of activity based on the license provided to the reorganized legal entity, the having the right created legal entity on condition of its compliance to licensed requirements.

5. In case of joining of the licensee – the legal entity to other legal entity who has the license for similar type of activity the last of them has the right to continue implementation of the corresponding licensed type of activity based on earlier provided license.

In case of joining of the licensee – the legal entity to other legal entity who has no similar license the last of them on condition of its compliance to licensed requirements has the right to perform the licensed type of activity based on the license provided to the attached legal entity.

6. In case of intention to perform the licensed type of activity the reorganized legal entity, the created legal entity to whom the license of the reorganized legal entity did not pass the stipulated in Clause 20 these Laws address for receipt of the license according to the procedure.

7. In case of the request for change of the license in need of change of the data specified in ERL in connection with reorganization of the licensee – the legal entity the reorganized legal entity, the created legal entity to whom the license of the reorganized legal entity passed before decision making by the licensing body perform the licensed type of activity based on earlier provided license on condition of observance of licensed requirements.

8. If the licensee or the legal entity to whom the license passed did not address in time, stipulated in Item 2 articles 22 of this Law, for change of the license in need of change of the data specified in ERL in connection with reorganization of the licensee – the legal entity, the license stops from the date of state registration of the legal entity created as a result of reorganization of the licensee – the legal entity in the form of separation, allocation or merge, the termination of activities of the licensee – the legal entity as a result of reorganization in the form of accession.

Article 25. Consideration of the application about change of the license

1. The application for change of the license shall be considered by the licensing body:

1.1. within 25 working days from the date of its acceptance if this Law provides evaluating or examinations of compliance of opportunities of the licensee to licensed requirements, qualification examination;

1.2. within 15 working days from the date of its acceptance in other cases.

2. The licensing body for results of consideration of the application about change of the license and the documents necessary for decision making on change of the license, and also materials attached to it by results of assessment or examination of compliance of opportunities of the licensee to licensed requirements, qualification examination accepts one of the following decisions:

2.1. about change of the license;

2.2. about refusal in change of the license;

2.3. about refusal in change of the license on one or several separate divisions, concerning one or several works and (or) services constituting the licensed type of activity, one or several shopping and other facilities, rooms, vehicles, the territories and about change of the license on other separate divisions concerning other works and (or) services constituting the licensed type of activity, the shopping and other facilities, rooms, vehicles, the territories specified by the licensee in the statement for change of the license.

3. The licensing body makes the decision specified in subitem 2.2 of Item 2 of this Article, in liquidation cases (the activities termination), the death of the licensee.

The licensing body makes the decision specified in subitems 2.2 or 2.3 of Item 2 of this Article, in case:

availability in the statement for change of the license and the documents necessary for decision making on change of the license, the facts of unauthenticity of the data necessary (important) attached to it for decision making about change of the license;

discrepancies of the submitted documents and (or) data necessary for decision making on change of the license, to the requirements established according to this Law;

availability of the conclusion about discrepancy of opportunities of the licensee to licensed requirements constituted by results of carried out according to this Law of assessment or examination of compliance of opportunities of the licensee to licensed requirements, qualification examination;

refusal in writing or evasion of the licensee from passing of assessment or examination of compliance of opportunities of the licensee to licensed requirements, qualification examination;

findings of the licensee in the course of liquidation (the activities termination).

4. The licensing body notifies the licensee on the decision accepted according to part two of Item 3 of this Article.

Chapter 6. ERL

Article 26. Inclusion of data in ERL

1. Within three working days after decision making about provision of the license by the licensing body the following data join in ERL:

1.1. the name of the licensing body;

1.2. license number;

1.3. the information about the licensee (the name and the location of the legal entity, the foreign organization, surname, own name, middle name (if that is available), registration at the place of residence of physical person, including individual entrepreneur, registration number in the Single state register of legal entities and individual entrepreneurs or accounting number of the payer (if those are available));

1.4. date and number of the decision on provision of the license;

1.5. the name of the licensed type of activity;

1.6. the works and (or) services constituting the licensed type of activity on which implementation the license is provided if they are determined by this Law;

1.7. names and the locations of separate divisions with indication of the works and (or) services constituting the licensed type of activity if they are determined by this Law (data join on each separate division);

1.8. the territory in which the licensee will perform the licensed type of activity, shopping and other facilities, rooms, vehicles in which (with which use) the licensed type of activity will be performed if this Law provides their specifying in ERL;

1.9. other data provided by this Law for the specific licensed type of activity.

2. The licensing body data in ERL within three working days change after:

2.1. acceptances by the licensing body of the decision on change, about suspension, about renewal, about the termination of the license, including date and number of the decision concerning licensing, the decision making bases, the period for which the license, date with which the license is stopped is suspended;

2.2. receipts of the judgment about the termination of the license, and it is equal about recognition illegal the decision on suspension, on the termination of the license passed by the licensing body;

2.3. entries into force of the regulatory legal act attracting need of change of the license according to Item 2 of article 15 of this Law.

3. In the cases provided by subitems 1.1-1.3 and 1.5 of Item 1 of article 39 of this Law, information on the termination of the license is entered in ERL in the procedure established by the licensing body without adoption by this body of the decision on the termination of the license.

4. The licensing body for the purposes of maintaining ERL has the right to request from the Register of the population of the data on death, and also about recognition incapacitated, about restriction in capacity to act, about recognition is unknown absent, about the announcement the dead of the licensee – physical person.

Article 27. Access to data to ERL

1. Information, including personal data containing in ERL is public, except for the information about the physical persons having licenses for the right of collecting and exhibiting of weapon and ammunition, and also other information, distribution and (or) provision of which is limited to legal acts.

2. By the licensing body for the statement of the licensee confirmation of provision of the license on paper in form and according to the procedure, the established Council of Ministers of the Republic of Belarus can be issued.

3. Access to data to ERL is provided round the clock through the Internet without collection of payment.

4. In case of access to data to ERL by means of the nation-wide automated information system the payment is not levied with:

4.1. licensing authorities, their structural divisions, territorial authorities, the subordinate organizations, the organizations which are part (system) of the licensing body to which separate powers of the licensing body according to Item 2 of article 12 of this Law, for inclusion and receipt of data are assigned;

4.2. other controlling (supervising) bodies (further – the controlling (supervising) bodies), the law enforcement agencies and other persons addressing ERL for receipt of information necessary for them, for its obtaining.

Chapter 7. Action of the license

Article 28. Action of the license in space

The license acts on all territory of the Republic of Belarus or its part specified in the license if this Law provides that the license for the corresponding type of activity acts on the part of the territory of the Republic of Belarus specified in it.

Article 29. Action of the license around persons

1. The licensed type of activity can be performed, and works can be performed and be rendered the services constituting the licensed type of activity, only the licensee without transfer of the right to their implementation to other legal entity or physical person, except as specified, the stipulated in Article 24 presents of the Law.

2. When implementing of the licensed type of activity within the agreement of particular partnership the right to implementation of this type of activity belongs to his participant (the legal entity or the individual entrepreneur who are participants of this partnership) having the corresponding license.

Article 30. Action of the license on time

1. The licensee has the right to perform in accordance with the established procedure the licensed type of activity, and also to perform works and (or) to render the services constituting the licensed type of activity from the date of acceptance by the licensing body of the decision on provision, about change of the license if other is not established by legal acts.

2. Action of the license term is not limited.

Chapter 8. Assessment, examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, licensee to licensed requirements. Qualification examination

Article 31. Assessment, examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, licensee to licensed requirements

1. In the cases provided by this Law, the licensing body:

1.1. assessment of conformity of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements is carried out. By this Law on evaluating compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements structural divisions of the licensing body, its territorial authorities, the subordinate organizations, the organizations which are part (system) of the licensing body can be authorized;

1.2. examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements is appointed. By this Law on purpose of examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements structural divisions of the licensing body, its territorial authorities, the subordinate organizations, the organizations which are part (system) of the licensing body can be authorized.

2. By results of assessment of conformity of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements carrying out by its licensing body or authorized by this Law on its carrying out by structural division the licensing body, its territorial authority, the subordinate organization, the organization which is part (system) of the licensing body the conclusion about compliance or discrepancy of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements is constituted.

3. Examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements is carried out by the legal entity having in staff of specialists of the corresponding qualification or physical person of the corresponding specialty and qualification (further – the expert).

In the cases provided by this Law examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements is carried out by structural divisions, territorial authorities of the licensing body, other organizations having in their staff of specialists of the corresponding qualification.

4. For conducting examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements between the legal entity incorporating specialists of the corresponding qualification or the expert who will carry out this expertize and the license applicant, the licensee sign the agreement on its carrying out.

The agreement on conducting examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements shall contain data on object of examination, terms of its carrying out according to requirements of Item 2 of article 32 of this Law, expense budget on conducting this examination, procedure for its payment, responsibility of the parties and other conditions by agreement of the parties.

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