PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of October 16, 2009 No. 510

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

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 controlling (supervising) organami1.

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 checked subjektov2.

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.

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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 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:

carrying out monitoring, the direction of recommendations about elimination and non-admission of the shortcomings revealed as a result of monitoring;

carrying out explanatory work about procedure for observance of requirements of the legislation, application of its provisions in practice;

informing subjects (including use of means of the global computer Internet, mass media) about the typical violations revealed during checks by the controlling (supervising) bodies;

holding seminars, round tables and another.

4. Collection by the controlling (supervising) bodies of payment from the checked subjects for implementation of checks is not allowed, except for compensations (payment) in the cases and procedure determined by Council of Ministers of the Republic of Belarus, the costs connected with carrying out researches, testing, engineering certifications, examinations, involvement of experts, specialists, sampling and it is model.

5. In the form of conducting checks labor unions, their organizational structures, merging of such unions and their organizational structures in the cases and procedure established by other legal acts have the right to exercise public control.

Implementation of public control in the form of conducting checks by other organizations, except specified in part one of this Item, and also physical persons is forbidden.

6. Actions technical (technological, testing) nature have precautionary and preventive focus.

Carrying out selective and unscheduled inspections on the questions relating to actions technical (technological, testing) nature, is not allowed.

By results of holding actions technical (technological, testing) nature the controlling (supervising) bodies within the competence:

in case of identification in the territory and (or) objects of the subject of violations take out the requirement (instruction) about their elimination at the scheduled time;

in case of identification of the violations of the law creating threat of homeland security, damnification of life and to health of the population, the environment:

hand (direct) the offer on suspension you (will lock) activities of the subject (its shops, production sites), construction object, the equipment (further – the offer on suspension of operations) before elimination of the violations which formed the basis of delivery (direction) of such offer;

take out the requirement (instruction) about suspension you (will lock) productions and (or) sales of goods (works, services), operation of vehicles before elimination of the violations which formed the basis for pronouncement of such requirement (instruction).

About elimination of the violations which formed the basis for pronouncement of the requirement (instruction), the subject within the term established in the requirement (instruction) in writing reports the controlling (supervising) body which took out this requirement (instruction) with appendix of supporting documents, and also gives to this controlling (supervising) body opportunity to make sure on the place of elimination of violations.

In case of accomplishment at the scheduled time by the subject of requirements (instructions) about elimination of violations, suspension you (will lock) productions and (or) sales of goods (works, services), operation of vehicles of measure of responsibility for these violations to the subject and (or) his officials are not applied.

In case of not elimination of the revealed violations, identification of the further violations which are earlier established during the actions technical (technological, testing) nature, and also in case of identification of violations which elimination is impossible measures of responsibility are applied according to the procedure, established by the legislation.

The subject informs the controlling (supervising) body no later than one working day following behind day of receipt of such offer on the decision accepted based on the offer on suspension of operations.

In case of adoption by the subject of the decision on inexpediency of suspension of operations the controlling (supervising) body has the right to take a legal action with the statement for establishment of such suspension.

Suspension (will lock) productions and (or) sales of goods (works, services), operation of vehicles can be applied by the controlling (supervising) body only if such powers of the controlling (supervising) body are directly established by this Decree or other legal acts.

7. Prohibit, except as specified, provided in Item 8 of this Decree, conducting checks within two years from the date of:

state registration – the organizations (except created according to the procedure of reorganization), individual entrepreneurs;

assignments of accounting number of the payer – separate divisions of the organizations (except created according to the procedure of reorganization);

creations – representative offices of the foreign organizations;

commissioning of construction object – regarding activities of the checked subject concerning this object;

initial payment of collection for implementation of craft activity – persons performing craft activity;

adoptions by district executive committee of the decision on implementation of activities for rendering services in the sphere of agroecotourism.

8. During the term established in Item 7 of this Decree unscheduled inspections can be appointed:

at the request of the President of the Republic of Belarus;

The State Control Committee (or according to its order) in the presence at it information testimonial of making of financial transactions with violation of requirements of the legislation (illegal financial transactions (3)) on the amount exceeding 1000 basic sizes;

The State Control Committee (or according to its order territorial authorities of the State Control Committee, territorial authorities of financial investigations), the State Customs Committee (or according to its order customs), the Ministry of Taxes and Tax Collection (or according to its order territorial authorities of this Ministry) concerning subjects on which the Department of financial investigations of the State Control Committee constitutes the conclusions about establishment of the bases specified in item 4 of article 33 of the Tax Code of the Republic of Belarus, attracting adjustment of tax base and (or) amount of subject to payment (offsetting, return) of tax (collection) (further - the conclusion) and also other checked subjects - in the presence of data on transactions (transactions) with subjects concerning which the conclusions are constituted;

at the request of criminal prosecution authorities on the brought criminal case;

in case of establishment of the infectious disease connected with activities of the checked subject;

National Bank within carrying out supervision of banking activity, including on the consolidated basis, supervision of activities of "Development Bank of the Republic of Belarus" open joint stock company, and also within monitoring procedure behind observance by the non-profit microfinancial organizations operating in the form of consumer cooperative, the legislation regulating procedure for provision and attraction of microloans and within the monitoring procedure behind compliance with law regulating procedure and conditions of implementation of activities for making of the transactions initiated by physical persons and legal entities with non-deliverable off-exchange financial instruments (activities in the Forex curb market);

uses (expenditure) the checked subject of budgetary funds, means of the state trust budget and off-budget funds, state-owned property, measures of the state support;

for confirmation of justification of the arguments stated in objections under the act (reference) of check or in the claim to the decision of the controlling (supervising) body (official), the requirement (instruction) about elimination of violations, studying of additional questions on the cases which arrived in criminal prosecution authorities, courts except earlier approved checking (the head of check) and officials of criminal prosecution authorities on the brought criminal case, courts on the cases which are in their production, or because of non-compliance checking (the head of check) of established procedure of conducting checks (further – additional check).

Unscheduled inspections according to part one of this Item are appointed by the head of the controlling (supervising) body (including territorial authority, structural division, the subordinate organization) or his authorized deputy within competence of the controlling (supervising) body with observance of other requirements of this Decree.

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(3) for the purposes of this Decree the term "financial transaction" matters, determined in the Law of the Republic of Belarus of June 30, 2014 "About measures for prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction".

9. After the term determined in Item 7 of this Decree concerning the checked subject it can be performed in case of its inclusion in the plan of selective checks (further – selective check).

Selective check is appointed taking into account criteria for evaluation of risk degree for selection of the checked subjects when carrying out selective check and based on analysis results available the controlling (supervising) body of information testimonial of high risk of violations of the law and impossibility of their identification and (or) elimination other forms of the state control (supervision). In case of purpose of selective check by the controlling (supervising) body information is considered, including:

provided by the checked subject according to the control list of questions (check sheet), administrative data, audit opinion (in case of its availability);

received during implementation of measures of preventive and precautionary nature;

received from criminal prosecution authorities on the brought criminal case, courts on the cases which are in their production;

received from state body, foreign state, other organization or physical person.

Criteria for evaluation of risk degree for selection of the checked subjects when carrying out selective check are determined by state bodies (organizations) specified in part one of Item 15 of the Regulations on procedure for the organization and the conducting checks approved by this Decree in coordination with Interdepartmental council on control (supervising) activities based on technique of forming of system of risk assessment.

The technique of forming of system of risk assessment affirms Council of Ministers of the Republic of Belarus in coordination with the State Control Committee and the Prosecutor General's Office.

10. Selective checks of one checked subject within calendar year can be performed by several controlling (supervising) bodies only in the form of joint check. Carrying out several selective checks of the same checked subject within calendar year is not allowed.

Carrying out within three calendar years of several selective checks of the same checked subject by both this body, and its higher body, their structural divisions (the territorial authorities subordinated by the organizations) is not allowed.

Carrying out within calendar year of selective check of separate division of the organization does not exclude possibility of carrying out in the same calendar year of selective check of this organization, and also its other separate division.

For purpose of selective check the calendar periods are estimated in the controlling (supervising) body taking into account the established sphere of control (supervising) activities since year of the termination previous selective (planned, carried out till January 1, 2018) the check (including this year) which is carried out by both this body, and its higher body, their structural divisions (the territorial authorities subordinated by the organizations). In the absence of previous selective (planned, carried out till January 1, 2018) checks selective check can be appointed after the expiration provided in Item 7 of this Decree. The procedure for establishment of terms of conducting joint checks is determined by the State Control Committee.

11. During unscheduled inspection only those questions (spheres) to which the facts and circumstances revealed concerning the specific checked subjects and which formed the basis for purpose of this unscheduled inspection belong are subject to studying.

Carrying out several unscheduled inspections of the same checked subject within calendar year by the controlling (supervising) body, its higher body, their structural divisions (the territorial authorities subordinated by the organizations) is allowed only according to the decision of state bodies (officials) specified in subitem 12.1 and part one of subitem 12.2 of Item 12 of this Decree, except for checks, appointed according to the paragraph the fourth subitem 12.3 of this Item.

12. Unscheduled inspections are appointed:

12.1. at the request of the President of the Republic of Belarus;

12.2. at the request of Council of Ministers of the Republic of Belarus, this concerning the specific checked subject;

The chairman of the State Control Committee and its deputies, chairmen of the State Control Committees of areas, chiefs of managements of Department of financial investigations of the State Control Committee on areas, across the Minsk region and Minsk within their competence;

The Attorney-General and his deputies, prosecutors of areas, Minsk within competence;

the head of other controlling (supervising) body (except territorial authority, structural division, the subordinate organization) and one of the deputies authorized by it within competence of the controlling (supervising) body.

The assignment on carrying out unscheduled inspection can be given, unscheduled inspection – is appointed by persons listed in part one of this subitem on the following bases:

availability at the controlling (supervising) body of information including received from law enforcement, other state body, foreign state, other organization or physical person testimonial of the made (committed) violation of the law or about the facts of emergence of threat of causing or damnification of life, to health of citizens, animal and flora, the environment, safety of the state, historical and cultural values, property of legal entities and physical persons;

use (expenditure) the checked subject of budgetary funds, means of the state trust budget and off-budget funds, state-owned property, measures of the state support;

essential deterioration in indicators of activities of the banks or non-bank credit and financial organizations which are not banks (further – banks), legal entities, not being banks and recognized being part of bank holding (5), "Development Bank of the Republic of Belarus" open joint stock company proceeding from data of the balance sheet and other forms of the reporting; failure to carry out of the instruction of National Bank; need of efficiency evaluation of the actions for improvement of financial condition which are carried out by these legal entities; probability of origin in bank of provision which can entail its insolvency or create threat to maintenance of banking system stability and (or) to interests of investors and other creditors; need of check of readiness of such legal entities for implementation of new approaches to implementation and the organization of activities, to risks assessment and management of them, to assessment of sufficiency of the normative capital, creation of the reporting, establishment of new prudential requirements and (or) procedures or assessment of results of approbation in practice of perspective methodological approaches (including the projects approved according to the procedure of experiment), and also on other bases determined by National Bank for the purpose of carrying out by National Bank supervision of banking activity, including on the consolidated basis, supervision of activities of "Development Bank of the Republic of Belarus" open joint stock company.

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