of October 28, 2008 No. 433-Z
About bases of ministerial procedures
Accepted by the House of Representatives on October 2, 2008
Approved by Council of the Republic on October 9, 2008
1. Ministerial procedure - actions of authorized body for establishment (provision, the certificate, confirmation, registration, providing), change, suspension, preserving, transition or the termination of the rights and (or) obligations, made based on the statement of the interested person and coming to an end with adoption of the executive decision.
2. Authorized body - state body, other organization, their structural divisions, interdepartmental or other commission 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. Body regulator - state body, other organization within which competence realization of state policy in the respective sphere of the public relations is.
9. Implementation of ministerial procedure electronically - the complex of actions allowing to give (to withdraw) the application of the interested person to receive the executive decision (to notify on the made executive decision), to give (to withdraw) the administrative claim through the single portal of electronic services, to use information exchange.
10. Information exchange - form of interdepartmental interaction between authorized bodies, other state bodies, organizations for the purpose of implementation of ministerial procedure with use of information resources (systems) integrated with the nation-wide automated information system.
11. Digitalization of ministerial procedure - the maximum use of information technologies in the course of implementation of ministerial procedure, including by realization by bodies regulators, other state bodies, organizations of package of measures for transfer of implementation of ministerial procedure to electronic form.
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 and the right to introduction of offers to Vsebelorussky people's assembly citizens of the Republic of Belarus;
the relations regulated by the civil legislation regarding contractual and other commitments, the budget, bank law (including connected with certification (qualification confirmation), the special certification, assessment of conformity to qualification requirements and requirements to goodwill, other requirements established by the legislation, physical persons and legal entities which is carried out by National Bank), the legislation on insolvency settlement, 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);
implementation of notarial activities;
the relations connected with purpose of pensions, monthly monetary pay;
the relations in education, the employment and related relationships, receipt, passing and the termination of the public civil, alternative, military service, service in paramilitary organizations, except the cases provided by legal acts and resolutions of Council of Ministers of the Republic of Belarus;
the relations connected with inclusion in the register of associations of employers and exception of it, decision making about recognition of republican consolidation of employers by Confederation of employers of the Republic of Belarus and cancellation of the specified decision;
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;
the relations connected with use of airspace of the Republic of Belarus (except for constructions of high-rise constructions), implementation of activities in the field of aircraft in the territory of the Republic of Belarus, ensuring control of safety of flights of aircrafts, aviation safety;
the activities connected with specific goods (works, services);
the relations connected with withdrawal and provision of the parcels of land;
the relations connected with ensuring nuclear and radiation safety when implementing activities for use of atomic energy in case of construction and operation of the Belarusian nuclear power plant;
the relations connected with liquidation of emergency situations;
the relations in the sphere of the state secrets;
the relations connected with state registration and liquidation (the activities termination) of legal entities and individual entrepreneurs;
other relations in cases established by the President of the Republic of Belarus.
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.
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. The list of the ministerial procedures performed by authorized bodies concerning citizens except individual entrepreneurs, affirms the President of the Republic of Belarus.
The list of the ministerial procedures performed by authorized bodies concerning legal entities and individual entrepreneurs affirms Council of Ministers of the Republic of Belarus.
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