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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 20, 2012 No. 247

About the organization of public discussion of projects of regulatory legal acts for development of entrepreneurship, questions of implementation of business activity and entering of amendments into the resolution of Council of Ministers of the Republic of Belarus of December 31, 2008 No. 2070

(as amended on 09-09-2019)

For the purpose of activation of dialogue of business and the state by strengthening of role of public and advisory (expert) councils in acceptance of the management decisions infringing on interests of business, further improvement of quality of preparation of the regulatory legal acts regulating business activity and according to subitem 9.4 of Item 9 of the Directive of the President of the Republic of Belarus of December 31, 2010 "About development of entrepreneurial initiative and stimulation of business activity in the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: No. 4

1. Determine that the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus (further – state bodies (organizations), shall provide:

1.1. in case of development of the projects of regulatory legal acts which are subject to public discussion which can have significant effect on conditions of implementation of business activity (further – projects of regulatory legal acts):

1.1.1. public discussion of projects of regulatory legal acts according to the procedure, established by the legislation;

1.1.2. consideration of projects of regulatory legal acts at meetings of the public and advisory (expert) councils on development of entrepreneurship created under state bodies (organizations).

The projects of regulatory legal acts containing the office information of limited distribution, data constituting the state secrets, and also concerning regulation of the relations in the area are not subject to consideration at meetings of public and advisory (expert) councils on development of entrepreneurship:

ensuring defense and homeland security, military and technical cooperation, export control;

licensing of the types of activity connected with specific goods (works, services).

Public discussion of projects of the regulatory legal acts raising the questions of environmental protection and rational use of natural resources is performed according to the procedure, the established legislation on environmental protection and rational use of natural resources;

1-1. Public discussion of projects of regulatory legal acts which can have significant effect on conditions of implementation of business activity, and also the problematic issues arising at legal entities and physical persons during implementation of business activity by regional executive committees and the Minsk Gorispolkom is provided within work of the councils on development of entrepreneurship created in case of them.

1.2. discussion at meetings of public and advisory (expert) councils on development of entrepreneurship within the competence of state body (organization) established by the legislation under which the called council, the problematic issues arising at legal entities and physical persons during implementation of business activity is created.

2. Approve the enclosed Standard regulations on public and advisory (expert) council on development of entrepreneurship.

3. To state bodies (organizations) to bring into accord with the Standard regulations on public and advisory (expert) council on development of entrepreneurship approved by this resolution, own regulations on public and advisory (expert) council on development of entrepreneurship taking into account features of the work.

4. In the Instruction about procedure for preparation of projects of regulatory legal acts by the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of December 31, 2008 No. 2070 "About some measures directed to increase in role and quality of work of legal services" (The national register of legal acts of the Republic of Belarus, 2009, No. 19, 5/29149; 2012, No. 9, 5/35086):

add Item 10 with subitems 10.11-1 and 10.11-2 of the following content:

"10.11-1. determination of terms of implementation of obligatory public discussion of drafts of acts which can have significant effect on conditions of implementation of business activity;

10.11-2. determination of terms of completion of drafts of acts which can have significant effect on conditions of implementation of business activity, by results of public discussion;";

add the Instruction with Item 18-1 of the following content:

"181. Drafts of acts concerning which obligatory public discussion is provided are posted on the website of state body and other organization, developing the draft of the act. In addition to approval which carrying out is provided by Regulations of Council of Ministers of the Republic of Belarus at the discretion of state body and other organization the developed draft of the act can be sent in writing for approval to the interested state bodies and other organizations, public associations of entrepreneurs.

The term of obligatory public discussion and approval of drafts of acts which can have significant effect on conditions of implementation of business activity is determined by the state body and other organization developing the draft of the act proceeding from specifics of the regulated public relations.

If by results of obligatory public discussion and approval of the draft of the act by the interested state bodies and other organizations, public associations of entrepreneurs state notes and the offers responsible for preparation of the draft of the act take measures for elimination of disagreements including by holding meetings for discussion of uncoordinated line items.

The draft of the act after elimination of the available disagreements or in case of their availability can be repeatedly posted on the website of state body and other organization, developing it, for public discussion and is sent in writing for approval to the interested state bodies and other organizations, public associations of entrepreneurs.

Drafts of acts concerning which the legislation provides obligatory public discussion are introduced in Council of Ministers of the Republic of Belarus with appendix to them of information on results of public discussion, including at meetings of public and advisory (expert) councils on development of entrepreneurship.".

5. This resolution becomes effective in month after its official publication, except for Item 3, becoming effective from the date of its acceptance.

Prime Minister of the Republic of Belarus

M. Myasnikovich

 

Approved by the Resolution of Council of Ministers of the Republic of Belarus of March 20, 2012 No. 247

Standard regulations on public and advisory (expert) council on development of entrepreneurship

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