RESOLUTION OF THE MINISTRY OF COMMUNICATIONS AND INFORMATIZATION OF THE REPUBLIC OF BELARUS

of May 17, 2023 No. 12

About procedure for evaluating

Based on subitem 1.2 of Item 1 of article 12 of the Law of the Republic of Belarus of October 14, 2022 No. 213-Z "About licensing", subitem 6.1 of Item 6 of the Regulations on the Ministry of Communications and Informatization of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of March 17, 2004 No. 302, the Ministry of Communications and Informatization of the Republic of Belarus DECIDES:

1. Approve the Instruction about procedure for evaluating compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements it (is applied).

2. Declare invalid the resolution of the Ministry of Communications and Informatization of the Republic of Belarus of August 3, 2012 No. 16 "About approval of the Instruction about procedure for evaluating and (or) examination of compliance of opportunities of the job seeker of special permission (license) (licensee) to licensed requirements and conditions and modification of the resolution of the Ministry of Communications and Informatization of the Republic of Belarus of November 25, 2010 for No. 23".

3. This resolution becomes effective after its official publication.

Approved by the Resolution of the Ministry of Communications and Informatization of the Republic of Belarus of May 17, 2023 No. 12

The instruction about procedure for evaluating compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements

1. This Instruction determines procedure for evaluating compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to the licensed requirements established for constituting the licensed type of activity of the services specified in Item 2 of article 96 of the Law of the Republic of Belarus "About licensing".

2. For the purposes of this Instruction the terms "dolitsenzionny requirements", "licensee", "assessment of conformity of opportunities of the license applicant to dolitsenzionny requirements, licensee to licensed requirements", "license applicant" are used in the values established respectively by paragraphs the fourth, the sixth, twelfth and fourteenth article 1 of the Law of the Republic of Belarus "About licensing".

3. Assessment of conformity of opportunities of the license applicant to dolitsenzionny requirements, the stipulated in Clause 97 Laws of the Republic of Belarus "About licensing", and the licensee to licensed requirements, the stipulated in Clause 98 Laws of the Republic of Belarus "About licensing" (further - assessment), is carried out by the Ministry of Communications and Informatization (further - the Ministry of Communications).

4. The decision on evaluating is drawn up by the order of the Ministry of Communications in which, among other, it is specified:

name and location of the license applicant (licensee);

license number (if that is available);

the name and the location of separate divisions with indication of the services constituting the licensed type of activity (data join on each separate division);

basis and purpose of evaluating;

staff of the commission created by the order of the Ministry of Communications;

start date of evaluating.

5. Assessment is carried out in time, stipulated in Item 2 articles 32 of the Law of the Republic of Belarus "About licensing".

6. During evaluating:

6.1. are studied:

the documents enclosed by the license applicant (licensee) to the application for provision or change of the license;

the documents and (or) data necessary for evaluating the license applicant received at other state bodies and other organizations by means of the methods established in part one of Item 3 of article 20 of the Law of the Republic of Belarus "About licensing";

6.2. if necessary departure to the place of intention of implementation (implementation) of the licensed type of activity and (or) the location of the license applicant (licensee) for assessment of the accuracy of the information specified in the documents enclosed to the application for provision or change of the license, and in such statement, and the actual readiness for implementation of the declared services in the licensed type of activity is performed.

7. Prior to evaluating members of the commission show to the license applicant (licensee) official IDs or identity documents, and the order on evaluating.

8. By results of assessment the conclusion about compliance or discrepancy of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements is constituted (further - the conclusion).

The conclusion is signed by all members of the commission. In case of availability at members of the commission of special opinion it is stated in this conclusion.

9. In the conclusion are specified:

the name or surname, own name, middle name (if that is available) the license applicant (licensee);

surnames, initials and positions of duly authorized officers on evaluating persons;

bases for evaluating;

employee's position, surname, initials of the authorized representative of the license applicant (licensee) *;

the data allowing to determine compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements;

other information which persons authorized on evaluating considered necessary to specify;

conclusion about compliance or discrepancy of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements.

______________________________

* It is specified when implementing assessment with departure to the place of intention of implementation (implementation) of the licensed type of activity and (or) the location of the license applicant (licensee).

10. The conclusion is attached to the documents submitted by the license applicant (licensee) for their consideration at meeting of board of the Ministry of Communications.

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