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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of October 16, 2009 No. 510

About enhancement of control (supervising) activities in the Republic of Belarus

(The last edition from 04-09-2019)

For the purpose of enhancement of control (supervising) activities in the Republic of Belarus, determinations of single procedure for its carrying out, creation of additional terms for development of effective forms of managing:

1. Determine that the state control (supervision) is exercised by the controlling (supervising) bodies (1).

The state control (supervision) is exercised in forms:

selective checks;

unscheduled inspections;

actions technical (technological, testing) nature;

the measures of preventive and precautionary nature specified in part five of Item 3 of this Decree.

The controlling (supervising) body has the right to perform if this body is included in the list of the controlling (supervising) bodies, authorized to perform, and spheres of their control (supervising) activities, approved by this Decree.

It can be performed by the controlling (supervising) body concerning the checked subjects (2).

Questions which check is performed by the controlling (supervising) body shall correspond to competence of this body.

Delegation by the controlling (supervising) bodies of the control (supervising) powers to other legal entities and individual entrepreneurs, and also implementation of checks, monitorings and actions technical (technological, testing) nature the commercial organizations is not allowed, except for the case provided by part seven of this Item.

The national production association of power industry Belenergo, the national production association on fuel and gasification Beltopgaz, the republican unitary enterprises of power industry Brestenergo, Vitebskenergo, Gomelyenergo, Grodnoenergo, Minskenergo and Mogilevenergo, the production republican unitary enterprises "Brestoblgaz", "Vitebskoblgaz", "Grodnooblgaz", "Mingaz", "Minskoblgaz" and "Mogilevoblgaz", the republican production unitary enterprise "Gomelyoblgaz" has the right to exercise till April 1, 2019 energy and gas supervision in the form of actions technical (technological, testing) nature.

Features of control (supervision) by Administration of the President of the Republic of Belarus and the organizations subordinated to it are determined by the President of the Republic of Belarus.

______________________________

(1) for the purposes of this Decree the controlling (supervising) bodies are understood as state bodies (their structural divisions with the rights of the legal entity (further – structural divisions), the territorial authorities subordinated to the organization) and other organizations authorized by legal acts or regulatory legal acts of the Government of the Republic of Belarus on control (supervision).

(2) for the purposes of this Decree the subjects (checked by subjects) are understood as the organizations, their separate divisions having accounting number of the payer (further – separate divisions), representative offices of the foreign organizations, individual entrepreneurs, notaries, and also persons performing lawyer activities individually, craft activity, activities in the sphere of agroecotourism, the interim (anti-recessionary) managers who are not legal entities or individual entrepreneurs (further, unless otherwise specified, – subjects, the checked subjects).

2. Requirements of this Decree are obligatory for all controlling (supervising) bodies and subjects.

3. Illegal intervention in activities of the checked subject is forbidden and attracts involvement of officials of the controlling (supervising) bodies to the responsibility established by legal acts.

The checked subject is recognized honesty performing requirements of the legislation, other is not proved yet.

In case of ambiguity or illegibility of instructions of the act of the legislation decisions shall be made for benefit of the checked subject.

Checks shall not break production economic activity of the checked subjects.

Control (supervising) activities are performed with use of the measures of preventive and precautionary nature realized by the controlling (supervising) bodies in interaction with the subjects which are subject to control (supervision) including way:

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