RESOLUTION OF THE MINISTRY OF EMERGENCY SITUATIONS OF THE REPUBLIC OF BELARUS

of April 4, 2023 No. 19

About approval of regulations of ministerial procedures

Based on part one of Item 5 of Article 3, of the paragraph of third of article 9-1 of the Law of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures", subitem 9.4 of Item 9 of the Regulations on the Ministry of Emergency Situations of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of November 14, 2022 No. 405, of Item 3 of the resolution of Council of Ministers of the Republic of Belarus of February 27, 2023 No. 154 "About licensing" the Ministry of Emergency Situations of the Republic of Belarus DECIDES:

1. Approve:

The regulations of the ministerial procedure performed concerning subjects of managing according to the subitem * 19.6.1 "Receipt of license for activities in the field of industrial safety" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 19.6.2 "Change of license for activities in the field of industrial safety" (are attached).

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* For the purposes of this resolution the subitem is understood as the subitem of Item of the single list of the ministerial procedures performed concerning subjects of the managing approved by the resolution of Council of Ministers of the Republic of Belarus of September 24, 2021 No. 548.

2. Declare invalid the resolution of the Ministry of Emergency Situations of the Republic of Belarus of February 22, 2022 No. 21 "About approval of regulations of ministerial procedures".

3. This resolution becomes effective after its official publication.

Approved by the Resolution of the Ministry of Emergency Situations of the Republic of Belarus of April 4, 2023, No. 19

Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 19.6.1 "Receipt of license for activities in the field of industrial safety"

1. Features of implementation of ministerial procedure:

1.1. the name of authorized body (jurisdiction of ministerial procedure) - the Ministry of Emergency Situations;

1.2. the name of state body, other organization, performing acceptance, preparation for consideration of the applications of interested persons and (or) issue of executive decisions, adoption of executive decisions about refusal in adoption of statements of interested persons, - Department on supervision of safe operation in the industry of the Ministry of Emergency Situations (further - the Gospromnadzor);

1.3. the regulatory legal acts, the international agreements of the Republic of Belarus, the international legal acts containing the obligations of the Republic of Belarus regulating procedure of ministerial procedure:

The law of the Republic of Belarus "About bases of ministerial procedures";

The law of the Republic of Belarus of October 14, 2022 No. 213-Z "About licensing";

the resolution of Council of Ministers of the Republic of Belarus of September 24, 2021 No. 548 "About the ministerial procedures performed concerning subjects of managing";

the resolution of Council of Ministers of the Republic of Belarus of February 27, 2023 No. 154 "About licensing";

the resolution of the Ministry of Emergency Situations of the Republic of Belarus of December 14, 2022 No. 76 "About approval of the Regulations on procedure for conducting examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements in the field of industrial safety";

1.4. other available features of implementation of ministerial procedure:

1.4.1. the additional bases for refusal in implementation of ministerial procedure in comparison with the Law of the Republic of Belarus "About bases of ministerial procedures" are determined in paragraphs the second or eighth part two of Item 3 of Article 21, in the paragraph the second part two of Item 5 of Article 31, in paragraphs the second and fourth article 87 of the Law of the Republic of Belarus "About licensing";

1.4.2. before adoption of the executive decision about provision (refusal in provision) the Gospromnadzor appoints licenses and carries out expertize of compliance of opportunities of the license applicant to dolitsenzionny requirements;

1.4.3. ministerial procedure is performed concerning the works and (or) services specified in subitems 2.1 and 2.2 of Item 2 of article 86 of the Law of the Republic of Belarus "About licensing";

1.4.4. ministerial procedure is performed concerning the legal entities of the Republic of Belarus and the foreign organizations created according to the legislation of foreign states;

1.4.5. personal submission of the documents and (or) data specified in part one of subitem 2.1 of Item 2 of these Regulations is performed by the interested person or his authorized representative with simultaneous production of documents, the determined Item 10 of the Regulations on procedure for representation and lists of the documents and (or) data necessary for decision making concerning licensing, requirements to the submitted documents and (or) data, the Council of Ministers of the Republic of Belarus approved by the resolution of February 27, 2023 No. 154;

1.4.6. appeal of the executive decision is performed judicially.

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