RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of April 9, 2010 No. 551

About approval of the Regulations on determination of cases and procedure for compensation (payment) for the costs connected with carrying out researches, testing, engineering certifications, examinations, involvement of experts, specialists, sampling it is also model, and also the sizes of the amounts which are subject to payment to the expert, the specialist

According to Item 16 of the Presidential decree of the Republic of Belarus of October 16, 2009 No. 510 "About enhancement of control (supervising) activities in the Republic of Belarus" and part two of Item 53 of the Regulations on procedure for the organization and the conducting checks approved by this Decree, the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve Regulations on determination of cases and procedure for compensation (payment) for the costs connected with carrying out researches, testing, engineering certifications, examinations, involvement of experts, specialists, sampling and it is model, and also the sizes of the amounts which are subject to payment to the expert, to the specialist it (is applied).

2. To the Ministry of Finance when forming the republican budget for the next financial year to provide in accordance with the established procedure funds for payment of cost of the costs connected with carrying out researches, testing, the examinations appointed by the controlling (supervising) bodies, involvement of experts, specialists, sampling and it is model.

4. This resolution becomes effective in 10 days after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of April 9, 2010 No. 551

Regulations on determination of cases and procedure for compensation (payment) for the costs connected with carrying out researches, testing, engineering certifications, examinations, involvement of experts, specialists, sampling it is also model, and also the sizes of the amounts which are subject to payment to the expert, the specialist

1. This Provision determines cases and procedure for compensation (payment) for the costs connected with carrying out researches, testing, engineering certifications, examinations, involvement of experts, specialists, sampling and is exemplary, and also the sizes of the amounts which are subject to payment to the expert, the specialist.

Action of this provision does not extend to cases and procedure for compensation (payment) for the costs connected with carrying out researches, testing, engineering certifications, examinations which conducting is regulated by other legal acts.

2. Involvement of the expert, specialist for carrying out researches, testing, engineering certifications, examinations is performed based on the civil contract for performance of works (rendering services) (further - the agreement). The agreement is signed by the head of the controlling (supervising) body performing (his deputy), and the head (his deputy) of the organization directing the expert, the specialist or physical person (including the individual entrepreneur) the expert, the specialist.

In the agreement taking into account the requirements established by legal acts and this Provision are specified:

the list of the questions raised before the expert, the specialist;

amounts of the researches which are subject to carrying out, testing, engineering certifications, examinations, samplings and samples;

terms of performance of works (rendering services);

the procedure for compensation (payment) for the costs connected with carrying out researches, testing, engineering certifications, examinations, involvement of experts, specialists sampling is also model;

responsibility of the parties.

3. In case of involvement of physical person (individual entrepreneur) as the expert, the specialist for carrying out researches, testing, engineering certifications, examinations remuneration is established in each hour of performance of works (rendering the services) determined in the agreement at the rate to 10 percent of the basic size established by the Government of the Republic of Belarus.

In case of involvement of government employees, employees of the organizations financed from the budget as the expert, the specialist directed by the organization employer, payment of costs (expenses) connected with their participation and also payment of remuneration is not made.

4. The basis for remuneration payment to the expert, specialist for the performed works (the rendered services) on the agreement is the act of delivery (acceptance) of the performed works (the rendered services) which is drawn up according to the legislation.

5. Payment of cost of the performed works (the rendered services) connected with carrying out researches, testing, engineering certifications, examinations, involvement of experts, specialists, sampling it is also model, it is performed by the checked subject if on the date of the termination of completion date of the obligation on payment violations on questions on which researches, testing, engineering certifications, examinations were appointed are established, the expert, the specialist was attracted, sampling was made and it is model, or at the expense of means of the relevant budgets provided on content controlling (supervising) body if such violations on the date of the termination of completion date of the obligation on payment are not established.

In case of identification of the specified violations after fixed term of obligation fulfillment on payment of cost of the performed works (the rendered services) cost recovery of production of researches, testing, engineering certifications, examinations, the costs connected with involvement of experts, specialists, sampling it is also model, it is performed by the checked subject in ten-day time from the date of the proper notice its controlling (supervising) body.

In case of non-payment (untimely payment) by the checked subject of the costs (expenses) incured by the controlling (supervising) body they are subject to collection according to the legislation.

6. The tests and samples which are selected for conducting examinations, researches, testing, engineering certifications after their use are subject to return by regulatory (supervising) authority to the checked subject, except as specified, if the technique of research of samples according to acts of the legislation, including technical regulatory legal acts, does not assume their preserving or costs (expenses) on return of samples exceed their cost.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info