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RESOLUTION OF THE MINISTRY OF COMMUNICATIONS AND INFORMATIZATION OF THE REPUBLIC OF BELARUS

of August 3, 2012 No. 16

About approval of the Instruction about procedure for evaluating and (or) examination of compliance of opportunities of the job seeker of special permission (license) (licensee) to licensed requirements and conditions and modification of the resolution of the Ministry of Communications and Informatization of the Republic of Belarus of November 25, 2010 No. 23

Based on Items 31 and 35 of the Regulations on licensing of separate types of activity approved by the Presidential decree of the Republic of Belarus of September 1, 2010 No. 450 "About licensing of separate types of activity" of the Presidential decree of the Republic of Belarus of June 21, 2012 "About modification and amendments in some presidential decrees of the Republic of Belarus" the Ministry of Communications and Informatization of the Republic of Belarus DECIDES: No. 284

1. Approve the enclosed Instruction about procedure for evaluating and (or) examination of compliance of opportunities of the job seeker of special permission (license) (licensee) to licensed requirements and conditions.

2. Item 2 of the resolution of the Ministry of Communications and Informatization of the Republic of Belarus of November 25, 2010 No. 23 "About some measures for implementation of the Presidential decree of the Republic of Belarus of September 1, 2010 No. 450" (2010, No. 302, 8/23059) to exclude the national register of legal acts of the Republic of Belarus.

3. This resolution becomes effective after its official publication.

Minister N. P. Panteley

Approved by the Resolution of the Ministry of Communications and Informatization of the Republic of Belarus of August 3, 2012 No. 16

The instruction about procedure for evaluating and (or) examination of compliance of opportunities of the job seeker of special permission (license) (licensee) to licensed requirements and conditions

1. This Instruction is developed based on Items 31 and 35 of the Regulations on licensing of separate types of activity approved by the Presidential decree of the Republic of Belarus of September 1, 2010 No. 450 "About licensing of separate types of activity" (The national register of legal acts of the Republic of Belarus, 2010, No. 212, 1/11914), and determines procedure for evaluating and (or) examination of compliance of opportunities of the job seeker of special permission (license) (licensee) to licensed requirements and conditions.

2. Before decision making concerning licensing the Ministry of Communications and Informatization of the Republic of Belarus (further - the Ministry of Communications) has the right to carry out assessment and (or) to appoint conducting examination of compliance of opportunities of the job seeker of special permission (license) (licensee) to licensed requirements and conditions.

3. Assessment and (or) examination of compliance of opportunities of the job seeker of special permission (license) (licensee) to licensed requirements and conditions are carried out based on the order of the Ministry of Communications.

4. Assessment and (or) examination of compliance of opportunities of the job seeker of special permission (license) (licensee) to licensed requirements and conditions are performed by studying of documents and materials, if necessary - with departure on the location of the job seeker of special permission (license) (licensee), including its branches, and also objects on which it is going to perform activities in the field of communication, regarding compliance of opportunities of the job seeker of special permission (license) (licensee) to the licensed requirements and conditions established in Items 148-150 of the Regulations on licensing of separate types of activity (are performed).

5. For evaluating compliance of opportunities of the job seeker of special permission (license) (licensee) to licensed requirements and conditions of the Ministry of Communications the commission on assessment of conformity of opportunities of the job seeker of special permission (license) (licensee) to licensed requirements and conditions (daleekomissiya) as a part of at least 3 people is created. The chief of structural division of the Ministry of Communications supervising telecommunication or mail service is appointed the commission chairman.

The decision of the commission is made by open voting by a simple majority vote of members of the commission. In case of equality of votes of members of the commission the decision for which its chairman voted is deemed accepted.

6. If according to the decision of the commission made by a simple majority vote members of the commission for assessment of conformity of opportunities of the job seeker of special permission (license) (licensee) to licensed requirements and conditions special knowledge in the field of science, the equipment and other fields of activity is required and in other cases provided by Regulations on the licensing of separate types of activity, according to the procedure determined by this Instruction examination of compliance of opportunities of the job seeker of special permission (license) (licensee) to licensed requirements and conditions is appointed.

7. Taking into account the offer of the commission expertize can be carried out by the Ministry of Communications 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.

8. For conducting examination of compliance of opportunities of the job seeker of special permission (license) (licensee) to licensed requirements and conditions between person who will carry out the corresponding expertize and the job seeker of special permission (license) (licensee) signs the agreement on the conducting examination of compliance of opportunities of the job seeker of special permission (license) (licensee) to licensed requirements and conditions according to the procedure provided by Regulations on licensing of separate types of activity.

9. By results of assessment and (or) examination of compliance of opportunities of the job seeker of special permission (license) (licensee) to licensed requirements and conditions the conclusion about compliance or discrepancy of opportunities of the job seeker of special permission (license) (licensee) to licensed requirements and conditions which is signed by the commission chairman or person who was carrying out expertize is constituted.

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