PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of September 1, 2010 No. 450

About licensing of separate types of activity

For the purpose of debureaucratization of activities of state bodies, improvements of the entrepreneurial and investment climate in the country, and also simplifications of procedures of licensing of separate types of activity I decide:

1. Approve the enclosed Regulations on licensing of separate types of activity. 

2. Determine that licensing of separate types of business and other economic activity (further - activities) is performed only for the purpose of ensuring protection of the state and public concerns, lives, health, the rights and legitimate interests of citizens, the environment provided that these objectives cannot be achieved otherwise, except licensing.

3. Licensing is performed on the principles:

determinations of the list of the licensed types of activity, works and services constituting them it is exclusive proceeding from need of achievement of stated purposes;

determinations of the exhaustive list of the licenses shown to job seekers and licensees of requirements and conditions taking into account their rationality, proportionality and economic justification;

independence of licensing authorities in decision making concerning licensing, including in the course of control of activities of licensees;

inadmissibility of suspension and cancellation of the license for insignificant violations and formal offenses;

inadmissibility of collection from job seekers of licenses and licensees of payment for licensing implementation, except for payments of the state fee in the sizes and procedure established by the legislation and also the expenses connected with conducting examination;

the maximum use of information technologies in the course of interaction of licensing authorities, job seekers of licenses and licensees;

openness and availability of information on procedure for licensing, including about the licenses shown to job seekers and licensees requirements and conditions, and also about the subjects which are meeting such requirements and conditions and who obtained licenses.

4. Since July 1, 2020 confirmation of availability of the license can be performed by the addressing the Unified register of licenses (further - the Register) by means of the global computer Internet through the single portal of electronic services nation-wide automated information sistemy*. The Register joins data on the licenses existing for July 1, 2020, and also on all the granted licenses.

For the licenses granted since July 1, 2020, day of entering into the Register of data on the corresponding license is considered day of receipt of the license.

______________________________

* The register is integrated with the nation-wide automated information system.

5. The operator of the nation-wide automated information system provides the round-the-clock open entry to data of the Register on the global computer Internet on a grant basis.

Ministry of Economics:

is the owner Reestra, provides its forming and functioning together with licensing authorities according to the procedure, determined by Council of Ministers of the Republic of Belarus;

coordinates work of licensing authorities on entering of data into the Register.

6. The general project organization and general contract organization for creation and development of the Register is the scientific and engineering republican unitary enterprise "Institute of Applied Program Systems". Creation, operation and program and technical support, including upgrade of the software, Register are performed at the expense of means of the republican budget and other sources according to the legislation.

7. To Council of Ministers of the Republic of Belarus till January 1, 2011:

7.1. provide reduction of acts of the legislation in compliance with this Decree;

7.2. take other measures for implementation of this Decree, and also explain questions of its application.

8. To local executive and administrative organs till January 1, 2011 to bring the decisions into accord with this Decree.

9. Recognize invalid regulatory legal acts and separate provisions of regulatory legal acts of the President of the Republic of Belarus according to appendix.

10. This Decree becomes effective since January 1, 2011, except for Item 5, becoming effective since July 1, 2010, subitem 2.2.1 of Item 2, of Items 6-8 and this Item which are becoming effective from the date of official publication of this Decree.

Appendix

to the Presidential decree of the Republic of Belarus of September 1, 2010 No. 450

List of invalid regulatory legal acts and separate provisions of regulatory legal acts of the President of the Republic of Belarus

2. The decree of the President of the Republic of Belarus of May 3, 2004 No. 2 "About entering of amendments and changes into the Decree of the President of the Republic of Belarus of July 14, 2003 No. 17" (The national register of legal acts of the Republic of Belarus, 2004, No. 71, 1/5490).

3. The decree of the President of the Republic of Belarus of October 14, 2004 No. 9 "About modification of the Decree of the President of the Republic of Belarus of July 14, 2003 No. 17" (The national register of legal acts of the Republic of Belarus, 2004, No. 161, 1/5931).

4. The decree of the President of the Republic of Belarus of November 8, 2004 No. 13 "About introduction of amendments to decrees of the President of the Republic of Belarus of December 23, 1998 No. 24 and of July 14, 2003 No. 17" (The national register of legal acts of the Republic of Belarus, 2004, No. 176, 1/5987).

5. Ceased to be valid according to the Decree of the President of the Republic of Belarus of 13.02.2012 No. 1

6. Ceased to be valid according to the Presidential decree of the Republic of Belarus of 28.05.2012 No. 242

7. The decree of the President of the Republic of Belarus of June 18, 2005 No. 7 "About entering of amendment into the Decree of the President of the Republic of Belarus of July 14, 2003 No. 17" (The national register of legal acts of the Republic of Belarus, 2005, No. 103, 1/6560).

8. Ceased to be valid according to the Presidential decree of the Republic of Belarus of 16.01.2014 No. 39

9. Ceased to be valid according to the Presidential decree of the Republic of Belarus of 28.05.2012 No. 242

10. The decree of the President of the Republic of Belarus of December 8, 2005 No. 16 "About some measures for enhancement of state regulation in the field of environmental management and entering of amendment and changes into the Decree of the President of the Republic of Belarus of July 14, 2003 No. 17" (The national register of legal acts of the Republic of Belarus, 2005, No. 193, 1/6990).

11. The decree of the President of the Republic of Belarus of August 3, 2006 No. 11 "About entering of amendments into the Decree of the President of the Republic of Belarus of December 8, 2005 No. 16" (The national register of legal acts of the Republic of Belarus, 2006, No. 125, 1/7792).

12. Subitem 1.6 of Item 1 of the Decree of the President of the Republic of Belarus of September 4, 2006 No. 15 "About introduction of amendments to some decrees of the President of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2006, No. 145, 1/7907).

13. The decree of the President of the Republic of Belarus of December 31, 2006 No. 22 "About modification of the Decree of the President of the Republic of Belarus of July 14, 2003 No. 17" (The national register of legal acts of the Republic of Belarus, 2007, No. 4, 1/8208).

14. Ceased to be valid according to the Decree of the President of the Republic of Belarus of 13.02.2012 No. 1

15. The paragraph of the sixth of item 4 of the Presidential decree of the Republic of Belarus of October 25, 2007 No. 534 "About measures for enhancement of security activities" (The national register of legal acts of the Republic of Belarus, 2007, No. 262, 1/9048).

16. The decree of the President of the Republic of Belarus of November 26, 2007 No. 7 "About entering of amendments and changes into the Decree of the President of the Republic of Belarus of July 14, 2003 No. 17" (The national register of legal acts of the Republic of Belarus, 2007, No. 287, 1/9146).

17. Item 6 of the Decree of the President of the Republic of Belarus of April 10, 2008 No. 6 "About single questions of the organization and holding video interactive games" (The national register of legal acts of the Republic of Belarus, 2008, No. 92, 1/9606).

18. The decree of the President of the Republic of Belarus of October 6, 2008 No. 20 "About modification of the Decree of the President of the Republic of Belarus of July 14, 2003 No. 17" (The national register of legal acts of the Republic of Belarus, 2008, No. 248, 1/10090).

19. The decree of the President of the Republic of Belarus of December 19, 2008 No. 23 "About licensing of activities for rendering psychological assistance" (The national register of legal acts of the Republic of Belarus, 2008, No. 305, 1/10312).

20. The paragraph the tenth Item 6 of the Decree of the President of the Republic of Belarus of January 16, 2009 No. 1 "About state registration and liquidation (the activities termination) of subjects of managing" (The national register of legal acts of the Republic of Belarus, 2009, No. 17, 1/10418).

 

Approved by the Presidential decree of the Republic of Belarus of September 1, 2010 No. 450

Regulations on licensing of separate types of activity

Section I. General questions of licensing

Chapter 1. General provisions

1. This Provision governs the relations on the licensing of separate types of activity performed for the benefit of homeland security, public order, protection of the rights and freedoms, morality, health of the population and environmental protection according to the list of types of activity on which implementation special permissions (licenses), and the state bodies and the state organizations authorized on their issue according to appendix 1, except for are required:

the activities connected with specific goods (works, services);

foreign economic activity on import and (or) export of separate goods;

the activities licensed by National Bank;

the activities performed by National Bank and other state bodies (organizations) within their competence certain in accordance with the established procedure, and also military units (organizations) of Armed Forces and other military forming, law-enforcement bodies, bodies and divisions on emergency situations, the State committee of judicial examinations, storage bases of medical equipment and property of the Republic of Belarus according to the tasks assigned to them by the legislation;

activities in the field of use of atomic energy and sources of ionizing radiation.

Types of activity which implementation can create threat of causing damage to the interests specified in part one of this Item and which regulation cannot be provided with other methods, except as licensing belong to licensed.

2. In this Provision the following main terms and determinations are used:

gross violation of the legislation on licensing, licensed requirements and conditions – the violation provided by this Provision as that for specific type of activity and which entailed damnification to the state or public concerns, the environment, life, health, the rights and legitimate interests of citizens, subjects of managing or created threat of causing such harm, and is equal violation of special licensed requirements;

the licensee – the legal entity of the Republic of Belarus, the individual entrepreneur registered in the Republic of Belarus, the foreign legal entity, the foreign organization, the lawyer, the physical person performing the activities connected with collecting and exhibiting of weapon and ammunition which have special permissions (licenses) (further – licenses);

licensed requirements and conditions – set of the requirements and conditions shown to the license applicant in case of its issue and to the licensee when implementing of activities by it on which the license is required established by this Provision. Requirements about compliance with law in the corresponding field of activity in general, requirements of the legislation which observance is obligation of any subject of managing, the requirement to the specific types and amount issued or planned to production and also requirements to amount of the performed works, the rendered services cannot be carried to licensed requirements and conditions;

licensing – complex of the measures realized by the state connected with issue of licenses, their duplicates, entering into licenses of changes and (or) amendments, suspension, renewal, the termination of their action, cancellation of licenses, control of observance by licensees when implementing of the licensed types of activity of the relevant licensed requirements and conditions;

licensing authorities – the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus the local executive and administrative organs, other state bodies authorized according to this Provision to perform licensing;

the license – special permission to the implementation of type of activity in case of obligatory observance of licensed requirements and conditions issued by the licensing body to the license applicant;

separate division – branch and (or) other separate division of the legal entity located out of the location of the legal entity which status is determined by the legislation, constituent or other organizational and administrative documents of this legal entity;

special licensed requirements and conditions – licensed requirements and conditions, data on which are specified in the license;

the written notice of the license applicant (licensee) of the made decision concerning licensing – delivery by the licensing body to the license applicant (licensee) or his authorized representative under list or the direction to the license applicant (licensee) by mail the registered mail with the custom notification on obtaining or by e-mail in the form of the electronic document of the notification on the made decision concerning licensing;

register of licenses – The unified register of licenses containing data on the granted licenses, introduction of changes in them and (or) amendments, suspension, renewal, cancellation, cancellation of licenses and other data, stipulated by the legislation;

the decision concerning licensing – the decision of the licensing body on issue (refusal in issue) the license, introduction (refusal in introduction) in it changes and (or) amendments, suspension, renewal, cancellation, cancellation of the license;

the data necessary (important) for decision making about licensing, entering into the license of changes and (or) amendments, – data on compliance of the license applicant (licensee) to the established licensed requirements and conditions;

the license applicant – the legal entity of the Republic of Belarus, the individual entrepreneur registered in the Republic of Belarus, the foreign legal entity and the foreign organization which filed in the licensing body petition with appendix of necessary documents for receipt of the license or the physical person petitioning for provision to it the occupation rights the lawyer activities or activities connected with collecting and exhibiting of weapon and ammunition.

3. Is illegal and implementation is forbidden:

types of activity, and also the works and (or) services constituting types of activity, specified in appendix 1 to this Provision without licenses;

the type of activity, works and (or) services constituting type of activity on which the license is granted separate division of the licensee – the legal entity if the license does not contain data on this separate division or the works and (or) services constituting the licensed type of activity performed by it for such separate division in the license are not specified;

the type of activity, works and (or) services constituting type of activity on which the license is granted, on other, in addition to the territory determined in it if this Provision provides that the license for the corresponding type of activity acts on the part of the territory of the Republic of Belarus specified in it.

4. The right to the license if other is not provided by this Provision, have:

legal entities of the Republic of Belarus;

the individual entrepreneurs registered in the Republic of Belarus if by legal acts it is not determined that the right to implementation of the licensed types of activity, and also the separate works and (or) services constituting the corresponding type of activity only legal entities have;

the foreign legal entities and the foreign organizations created according to the legislation of foreign states in the presence of the representation opened in accordance with the established procedure in the territory of the Republic of Belarus (further - the foreign organizations) if by legal acts it is not determined that the right to implementation of the licensed types of activity, and also the separate works and (or) services constituting the corresponding type of activity only legal entities of the Republic of Belarus and (or) individual entrepreneurs registered in the Republic of Belarus have;

the physical persons petitioning for provision of the occupation right by it the lawyer activities or activities connected with collecting and exhibiting of weapon and ammunition.

5. For licensing, introduction in it of changes and (or) amendments (except as specified their introduction in connection with change of the legislation), issue of the duplicate of the license the state fee according to the procedure and the sizes established by legal acts is collected.

6. Compensation to licensing authorities of the expenses connected with licensing is performed at the expense of the means of the republican budget and the corresponding local budgets provided on financing of these bodies, and also other sources determined by legal acts.

7. In the cases provided by this Provision, separate powers of the licensing body can be assigned to its structural divisions, territorial authorities subordinated to the organization.

Decisions concerning licensing are made by collegiate organ of the licensing body and drawn up by orders (decisions) of the licensing body.

8. The decision made by the licensing body concerning licensing can be appealed by the license applicant (licensee) judicially in a month from the date of its acceptance and in case this Provision provides obligation of the licensing body about the written notice of the license applicant (licensee) of the made decision, - in a month from the date of receipt of the adequate notice by the license applicant (licensee).

In case of the direction to the license applicant (licensee) of the notification on the made decision concerning licensing by mail or in the form of the electronic document such notification goes respectively on the last known licensing body to the postal address, the location address (to registration at the place of residence) or to the last e-mail address of the license applicant (licensee) known to the licensing body and it is considered the received license applicant (licensee) after 3 working days from the date of the direction of this notification.

9. The documents (their copy) submitted by the license applicant (licensee) for receipt of the license (its duplicate), introduction in it of changes and (or) amendments on the termination of implementation of the licensed type of activity, and also other documents relating to activities licensing are stored in the licensing body which granted the license, or its structural divisions authorized in accordance with the established procedure by this licensing body, territorial authorities, the subordinate organizations.

10. The documents specified in Item 9 of this provision are stored in the licensing body which granted the license or other representatives in accordance with the established procedure by this licensing body its structural divisions, territorial authorities, the subordinate organizations within five years from the date of decision making about refusal in licensing, cancellation of the license or its cancellation, and after this term are transferred to storage to archives of licensing authorities according to the procedure, established by acts of the legislation.

10-1. The statement (with the documents attached to it according to this Provision) about licensing, receipt of the duplicate of the license, entering into the license of changes and (or) amendments, and also the notification on adoption by the licensee of the decision on the termination of implementation of the licensed type of activity are represented to the licensing body personally by the license applicant (licensee) or his authorized representative or go the license applicant (licensee) by mail the registered mail with the custom notification on obtaining or in the form of the electronic document.

Personal submission of the documents specified in part one of this Item is performed by the license applicant (licensee) or his authorized representative with simultaneous presentation:

the identity document, and the document confirming powers of the head of the legal entity (the order on position assignment of the head, or the statement from the decision of general meeting, board or other governing body of the legal entity, either the employment contract (contract), or the civil agreement), - the head of the legal entity;

the identity document, and the power of attorney issued by the foreign organization - the head of representative office of the foreign organization;

the identity document, - the physical person petitioning for provision to it the occupation rights the lawyer activities or activities connected with collecting and exhibiting of weapon and ammunition, the individual entrepreneur;

the identity document, and the power of attorney - the authorized representative of the license applicant (licensee).

The direction of the documents specified in part one of this Item by mail or in the form of the electronic document is performed by the license applicant (licensee) with appendix to them:

for the legal entity - the information about the head of the legal entity (surname, own name, middle name (in case of its availability), data of the identity document (series (in the presence), number when also by whom it is issued, registration at the place of residence), and also the document (its copy) confirming it powers (the order on position assignment of the head, or the statement from the decision of general meeting, board or other governing body of the legal entity, either the employment contract (contract), or the civil agreement);

for the foreign organization - the information about the head of representative office of the foreign organization (surname, own name, middle name (if that is available), data of the identity document (series (in the presence), number when also by whom it is issued, registration at the place of residence, the place of the actual temporary stay), and also powers of attorney (its copy) issued to it by the foreign organization.

11. Officials of licensing authorities for violation of requirements of this provision, including for not entering into the license of the data provided in Item of 41 this provision are brought to disciplinary, administrative or criminal responsibility according to legal acts.

12. The regulatory legal acts which are not regulating questions of licensing in general, as a rule, shall not contain the regulations determining its procedure and conditions.

13. In case of discrepancy of regulations of this provision with other legal acts regulating implementation of separate types of activity based on licenses the this provision regulations are applied if other is not provided by this Provision or is not established by the President of the Republic of Belarus.

13-1. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Provision then are applied rules of the international treaty.

Chapter 2. Licensing

14. The license is granted on specific type of activity with indication of the works and (or) services constituting this type of activity if they are determined by this Provision.

15. For receipt of the license her job seeker or his authorized representative represents to the relevant licensing organ:

15.1. the statement for licensing with indication of:

for the legal entity of the Republic of Belarus – the name and the location of this legal entity, and also its separate divisions in which the license applicant intends to perform the licensed type of activity (further – separate divisions), the works and (or) services constituting the corresponding licensed type of activity if they are determined by this Provision, for each separate division;

for the physical person petitioning for provision to it the occupation rights the lawyer activities or activities connected with collecting and exhibiting of weapon and ammunition, the individual entrepreneur registered in the Republic of Belarus – surnames, own name, middle name (if that is available), passport details of the citizen of the Republic of Belarus or the residence permit in the Republic of Belarus (series, number, date of issue, the name of the state body which issued the passport or the residence permit, registration at the place of residence);

for the foreign organization – the name and the location of this organization, and also its representation opened in accordance with the established procedure in the territory of the Republic of Belarus;

dates of state registration and registration number of the license applicant – the legal entity, the individual entrepreneur in the Single state register of legal entities and individual entrepreneurs, names of registering body;

the postal address, contact phone number, the e-mail address (in case of its availability) the license applicant;

the licensed type of activity, and also the works and (or) services constituting the corresponding licensed type of activity if they are determined by this Provision which the license applicant intends to perform;

the territory in which the license applicant intends to perform the licensed type of activity if this Provision provides that the license for the corresponding type of activity acts on the part of the territory of the Republic of Belarus specified in it;

names and addresses of tax authority in the place of statement of the license applicant on accounting, accounting number of the payer of the license applicant (in case of its availability);

other data provided by this Provision for the specific licensed type of activity or determined by the President of the Republic of Belarus.

In the statement for licensing it is also specified that the data stated in this application and documents attached to it are authentic;

15.2. No. 475 is excluded according to the Presidential decree of the Republic of Belarus of 26.11.2015

15.3. the legalized statement from the trade register of the country in which the foreign organization is founded, or other equivalent proof of legal position of the foreign organization according to the legislation of the country of its organization;

15.4. document on payment of the state fee for licensing;

15.5. other documents provided by this Provision for the specific licensed type of activity or the Republic of Belarus determined by the President.

16. No. 475 is excluded according to the Presidential decree of the Republic of Belarus of 26.11.2015

17. It is forbidden to demand from the license applicant of submission of the documents or data which are not provided by this Provision and also documents which can be requested by the licensing body at other state bodies and other organizations independently if other is not established by the President of the Republic of Belarus.

18. In need of obtaining according to this Provision and taking into account requirements of Item 17 of this provision of documents (data) the licensing body requests such documents (data) from other state body and other organization according to their competence no later than the working day following behind day of receipt in the licensing body of the documents determined in Item 15 of this provision.

The documents (data) requested by the licensing body shall be submitted by other state bodies and other organizations within 5 working days from the date of receipt of the corresponding request.

In case of filing of application about licensing her job seeker has the right to submit the documents (data) specified in Item 17 of this provision independently.

19. If this Provision does not provide other, the notarial attestation is not required:

the documents submitted to the licensing body of copies if such copies are provided along with presentation of originals of documents or notarially attested copies;

the documents sent to the licensing body in the form of the electronic document.

20. It is forbidden to demand from job seekers of licenses and licensees of the appeal to commercial and non-profit organizations for rendering the services connected with preparation and (or) document creation, other works on licensing to them except the cases provided by legal acts.

21. The documents submitted for receipt of the license are accepted according to the inventory which copy with mark about date of acceptance of these documents:

in case of personal submission of such documents - in day of acceptance it is handed under list to the license applicant or his authorized representative;

in case of submission of such documents by mail or in the form of the electronic document - no later than 3 working days following behind day of receipt them in the licensing body goes to the license applicant by mail the registered mail with the custom notification on obtaining or by e-mail in the form of the electronic document.

In case of specifying in the statement for licensing not of all data listed in subitem 15.1 of Item 15 of this provision, or submission not of all documents provided by this Provision or non-presentations (non-presentation) of the relevant document specified in part two of Item 10-1 of this provision, the licensing body refuses acceptance of this statement to consideration. Motivated refusal in reception of an application about licensing to consideration:

in case of personal submission of such statement - in day of giving it is handed together with this statement and documents attached to it to the license applicant or his authorized representative under list;

in case of submission of such statement by mail - no later than 3 working days following behind day of receipt it in the licensing body goes together with this statement and documents attached to it to the license applicant by mail the registered mail with the custom notification on obtaining;

in case of submission of such statement in the form of the electronic document - no later than 3 working days following behind day of receipt it in the licensing body goes to the license applicant to the e-mail address in the form of the electronic document.

22. The application for licensing shall be considered by the licensing body within 15 working days from the date of documents acceptance determined in Item 15 of this provision.

The term specified in part one of this Item can be extended for the period of evaluating and (or) examination of compliance of opportunities of the license applicant to licensed requirements and conditions, but no more than for 10 working days if other is not provided by this Provision or other legal acts.

23. The licensing body for results of consideration of the application about licensing and the documents attached to it, and also materials by results of assessment and (or) examination of compliance of opportunities of the license applicant to licensed requirements and conditions accepts one of the following decisions:

about licensing to her job seeker;

about refusal in licensing to her job seeker;

about refusal in licensing to her job seeker on one or several separate divisions concerning one or several components the corresponding licensed type of activity of works and (or) services and licensing to her job seeker on other separate divisions concerning other components the corresponding licensed type of activity of the works and (or) services specified by the license applicant in the statement for its issue.

24. If other is not provided by this Provision, the licensing body makes the decision specified in paragraphs three and the fourth Item 23 this provision in case of:

availability in the submitted application for licensing and documents of the false information necessary (important) attached to it for decision making about licensing;

discrepancy of the submitted documents to requirements of this provision;

availability of the conclusion about discrepancy of the opportunities of the license applicant to licensed requirements and conditions on results which are carried out according to this Provision of assessment and (or) examination of compliance of opportunities of the license applicant to licensed requirements and conditions;

refusal of the license applicant of evaluating and (or) examination of compliance of opportunities of the license applicant to licensed requirements and conditions according to this Provision;

finding of the license applicant in the course of liquidation (the activities termination), acceptance by court concerning the license applicant of the decision on bankruptcy with liquidation of the debtor – the legal entity (the termination of activities of the debtor – the individual entrepreneur);

the request for receipt of the license before the expiration of one year from the date of:

acceptances by the licensing body of the decision on refusal in licensing on the basis provided in Item part two 34 this provision;

cancellation or cancellations of the license (except as specified cancellation of the license on the bases provided in the paragraph the second Item 83, paragraphs second and third Item part one 84 this provision, cancellations of the license in connection with its issue with violation by the licensing body of the procedure established by this Provision).

The refusal in licensing based on inexpediency of implementation by the license applicant of the licensed type of activity is not allowed.

25. The licensing body in writing notifies the license applicant within 3 working days from the date of adoption of this decision on the decision accepted according to Item 23 this provision.

26. The license is granted to her job seeker or his authorized representative in case of production of documents, specified in part two of Item 10-1 of this provision.

27. When licensing her job seeker or his authorized representative shall be informed of the legislation determining licensed requirements and conditions of implementation of type of activity about what the corresponding mark in the license becomes.

28. In separate divisions of the legal entity, on shopping and other facilities (in places) where the licensed type of activity is performed, there shall be copies of the license ratified the head of the legal entity or the individual entrepreneur and also information on the place of acquaintance with the original of the license.

29. In case of loss of the license its duplicate can be issued to the licensee.

For receipt of the duplicate of the license the licensee or his authorized representative shall provide to the relevant licensing organ:

statement for receipt of the duplicate of the license;

the document confirming payment of the state fee for issue of the duplicate of the license.

The duplicate of the license is issued within 3 working days from the date of submission of the documents specified in part two of this Item.

Before issue of the duplicate of the license the license is not suspended.

Chapter 3. Assessment and examination of compliance of opportunities of the license applicant (lizenziat) to licensed requirements and conditions

30. In the cases provided by this Provision the licensing body or its structural divisions authorized by this licensing body, territorial authorities, the subordinate organizations has the right to carry out assessment of conformity of opportunities of the license applicant (licensee) to the licensed requirements and conditions established for the licensed type of activity and also for the works and (or) services constituting the corresponding licensed type of activity, specified by the license applicant in the statement for licensing (performed by the licensee) (further for the purposes of this Chapter - assessment).

31. The procedure for evaluating is determined by this Provision, regulatory legal acts of Council of Ministers of the Republic of Belarus, and also licensing authorities.

32. By results of assessment the licensing body which was carrying out it or the authorized this licensing body on evaluating by its structural division, territorial authority, subordinate organization constitute the conclusion about compliance or discrepancy of opportunities of the license applicant (licensee) to licensed requirements and conditions which is signed by the official of this body authorized in accordance with the established procedure (structural division, the organization).

33. If for assessment of conformity of opportunities of the license applicant (licensee) to licensed requirements and conditions special knowledge in the field of science, the equipment and other fields of activity, and also in other cases provided by this Provision is required, the licensing body appoints examination of compliance of opportunities of the license applicant (licensee) to the licensed requirements and conditions established for the licensed type of activity and also for the works and (or) services constituting the corresponding licensed type of activity, specified by the license applicant in the statement for licensing (performed by the licensee) (further for the purposes of this Chapter - examination).

34. Expertize is carried out by the licensing body or the legal entity irrespective of form of business incorporating the specialists of the corresponding qualification, or physical person of the corresponding specialty and qualification confirmed by the diploma, the certificate, the certificates certifying receipt of proper education and the documents certifying length of service on certain specialty which according to the legislation grants the right to carrying out certain type of examination.

Have no right to perform examination the legal entities and physical persons which are in civil and (or) employment relationships with the license applicant (licensee). In case of detection of such facts examination is recognized invalid that it is the basis for acceptance by the licensing body of the decision on refusal in licensing and in case the license was granted, - decisions on its cancellation.

35. The procedure for conducting examination is determined by this Provision, regulatory legal acts of Council of Ministers of the Republic of Belarus, and also licensing authorities.

36. For conducting examination between person specified in Item part one 34 this provision to whom the corresponding expertize will be carried out and the license applicant (licensee) the agreement on conducting examination is signed.

The agreement on conducting examination shall contain data on object of examination, terms of its carrying out, expense budget on conducting examination, examination payment procedure, responsibility of the parties and other conditions by agreement of the parties.

37. During conducting examination the license applicant (licensee) has the right:

be present when conducting examination and give explanations, necessary for the expert;

submit additional documents;

get acquainted with results of examination.

38. Results of examination shall testify to compliance or discrepancy of opportunities of the license applicant (licensee) to licensed requirements and conditions.

39. The expenses connected with conducting examination are compensated by the license applicant (licensee) according to the procedure, the established agreement on conducting examination.

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