LAW OF THE REPUBLIC OF BELARUS

of November 25, 2011 No. 323-Z

About archiving and clerical work

Accepted by the House of Representatives on October 20, 2011

Approved by Council of the Republic on November 8, 2011

Chapter 1. General provisions

Article 1. Coverage of this Law

This Law governs the relations connected with activities of state bodies, other organizations, and also citizens of the Republic of Belarus, the foreign citizens and persons without citizenship who are constantly living in the territory of the Republic of Belarus including individual entrepreneurs (further if other is not determined, - citizens), on ensuring accumulating, storage, accounting and use of documents irrespective of information medium type, including documents in electronic form, including electronic documents (further if other is not determined, - documents), and equally in the relations connected with creation and activities of archives and the relations in the field of management of archiving and clerical work.

Operation of this Law extends also to representative offices of the foreign organizations performing the activities in the territory of the Republic of Belarus (further - representative offices of the foreign organizations), regarding establishment of requirements for ensuring accumulating, storage, accounting and use of the documents which are formed in the course of their activities for staff of employees of these representations.

Article 2. The main terms applied in this Law and their determinations

In this Law the following main terms and their determinations are applied:

archive - the organization or structural division of the organization if other is not provided by part four of article 13 of this Law, the performing acceptance, storage, accounting and use of archive documents;

archiving - activities for creation and completing of archives, stores organizations, accounting and use of archive documents;

the archive document - the document which is stored in archive owing to its importance for citizens, society and the state;

archive fund - the part of documentary fund which passed in accordance with the established procedure the examination of value and arrived on storage in archive;

the owner of documents (further - the owner) - the state body, other organization or the citizen performing ownership and use of documents and exercising the order right them in the limits set by their owners;

temporary document storage - document storage by state bodies, other organizations and individual entrepreneurs during fixed terms until their destruction;

temporary document storage of National Archive Fund of the Republic of Belarus (further - National Archive Fund) - document storage of National Archive Fund by state bodies, other organizations and individual entrepreneurs during the terms established by this Law until their transfer on permanent storage;

the public archive institutions - the Public Records Offices, other organizations which are logging in the public archive institutions, approved by Council of Ministers of the Republic of Belarus;

clerical work - activities for ensuring documentation and the organization of work with documents;

the document - the information on the material carrier having the details allowing to identify it, created, received and saved in the course of activities of state body, other organization, the official and also throughout the citizen's life;

documentary fund - set of the documents formed in the course of activities of state body, other organization and also throughout the citizen's life;

the document in electronic form - the document created, received and saved by means of technical, program and software and hardware tools;

the document of National Archive Fund - the document which is on permanent storage or subject to permanent storage owing to its importance for citizens, society and the state;

documents on staff - the documents created in case of employment (election, approval, position assignment), transfer (movement), dismissal (release from post) of the worker on leave provision, sending, encouragement, salary payment, the appropriated qualification category, class, qualification, discharge, rank, other documents which can be used for confirmation of the period of work (service) and (or) study, post of the employee (the worker's profession), and also in other purposes connected with providing the rights and legitimate interests of citizens;

sources of completing of the Public Records Offices - state bodies, other organizations, and also citizens, in the course of activities or throughout life of which are formed the documents of National Archive Fund which are subject to transfer on permanent storage to the Public Records Offices;

the copy of the archive document as the original - the copy which is reproducing information and external signs of the archive document which is in property of other states, and also organizations and citizens, and subject to permanent storage;

scientific and technical document handling - complex of works on conducting examination of value of documents, to their registration and the description;

National Archive Fund - historically developed and constantly replenished set of the documents having historical, scientific, social, economic, political or cultural value which is reflecting material and spiritual life of the Belarusian people subject to permanent storage;

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