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LAW OF THE REPUBLIC OF BELARUS

of October 28, 2008 No. 433-Z

About bases of ministerial procedures

(as amended on 09-01-2017)

Accepted by the House of Representatives on October 2, 2008

Approved by Council of the Republic on October 9, 2008

Section I. General provisions

Chapter 1. Basic provisions

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

1. Ministerial procedure - the actions of authorized body made based on the statement of the interested person, for establishment (provision, the certificate, confirmation, registration, providing), to change, suspension, preserving, transition or the termination of the rights and (or) obligations, including which are coming to an end with issue of the reference or other document (its acceptance, coordination, approval) (further - issue of the reference or other document), either registration or accounting of the interested person, its property, or provision of money, other property and (or) services at the expense of means republican or local budgets, state non-budgetary funds, from the property which is in republican or municipal property.

2. Authorized body - state body, other organization and also interdepartmental and other commissions within which competence implementation of ministerial procedure is.

3. The interested person - the citizen of the Republic of Belarus, the foreign citizen or the stateless person, including the individual entrepreneur (if other is not determined, further - the citizen), or the legal entity of the Republic of Belarus, other organization (further - the legal entity) which addressed (addressing) for implementation of ministerial procedure.

3-1. The third party - the citizen or the legal entity, except the interested person which participation in implementation of ministerial procedure is provided by acts of the legislation and whose rights and (or) obligations are mentioned in the executive decision.

4. The statement of the interested person - the address of the interested person in written, oral or electronic form in authorized body behind implementation of ministerial procedure.

5. The executive decision - the decision of authorized body made in case of consideration of the application of the interested person.

6. The administrative claim - the claim to the made executive decision submitted in administrative (extrajudicial) procedure.

7. The single portal of electronic services - the subsystem of the nation-wide automated information system intended for ensuring electronic interaction of state bodies and organizations with other organizations, and also with citizens, including being single point of giving (response) of statements for implementation of ministerial procedures, receipts of executive decisions (notifications on the made executive decisions) and submissions (response) of administrative claims electronically.

8. Difficult and multistage ministerial procedure - the ministerial procedure consisting of several independent stages in which the interested person (the conclusion of the agreement, receipt of the conclusions and coordination included in lists of the documents and (or) data represented by interested persons to authorized bodies for implementation of ministerial procedures participates (further - lists of the documents and (or) data represented by interested persons), acceptance of objects in operation, etc.).

Article 2. Coverage of this Law

1. Operation of this Law extends to the relations arising when implementing ministerial procedures, except for:

the relations regulated by the legislation on the constitutional legal proceedings, the civil procedural, economic procedural, criminal procedure, criminal and executive legislation, the legislation determining procedure for administrative process, the legislation on enforcement proceeding, on operational search activities;

the relations regulated by the legislation on the electoral system and referendum, on rule-making activities, on procedure for realization of power to initiate legislation by citizens of the Republic of Belarus;

the relations regulated by the civil legislation regarding contractual and other commitments, the budget, bank law, the legislation on economic insolvency (bankruptcy), except the cases provided by legal acts and resolutions of Council of Ministers of the Republic of Belarus;

the organizations and conducting checks by the controlling (supervising) bodies (including tax audits);

making of notarial actions;

the relations connected with purpose of pensions;

the relations in education, the employment and related relationships, receipt, passing and the termination of the public, alternative and military service, service in law-enforcement bodies, the Investigative Committee of the Republic of Belarus, the State committee of judicial examinations of the Republic of Belarus, bodies and divisions on emergency situations, bodies of financial investigations of the State Control Committee of the Republic of Belarus, except the cases provided by legal acts and resolutions of Council of Ministers of the Republic of Belarus;

the relations connected with award of academic degrees and assignment of academic statuses, their deprivation (recovery), nostrification (equating) of documents on award of academic degrees and assignment of academic statuses, recertification of persons who received academic degrees or academic statuses in foreign states;

the relations connected with provision of social benefits, other measures of social support of the population according to decisions regional, Minsk city, district, city (the cities of regional subordination) Councils of deputies, regional, Minsk city, district, city (the cities of regional subordination) executive committees;

the relations connected with public procurements and also with provision of the rights, property and (or) services performed by means of carrying out tenders or auctions;

the relations connected with provision of privileges on taxes, charges (duties), change to legal entities and individual entrepreneurs of the due date for tax payment established by the legislation, charges (duties), penalty fee, except for taxes, charges (duties) levied by customs authorities and also with rendering to legal entities and individual entrepreneurs of the state support, including the state financial support;

the relations connected with registration of foreign free aid.

2. To the relations connected with consideration of the applications of interested persons and administrative claims, the legislation on addresses of citizens and legal entities is not applied.

3. This Law is applied to the foreign citizens and stateless persons which are temporarily staying, temporarily and constantly living in the Republic of Belarus, addressed (addressing) for implementation ministerial procedures to the authorized bodies which are in the Republic of Belarus if other is not provided by legal acts and international treaties of the Republic of Belarus.

Article 3. Legislation on ministerial procedures

1. The legislation on ministerial procedures is based on the Constitution of the Republic of Belarus and consists of this Law and other acts of the legislation.

2. Legal acts, resolutions of Council of Ministers of the Republic of Belarus, are determined:

names of ministerial procedures;

authorized bodies;

exhaustive lists of the documents and (or) data represented by interested persons;

terms of implementation of ministerial procedures;

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