RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 30, 2014 No. 637

About payment of the additional expenses connected with damage of health insured on compulsory insurance from labor accidents and occupational diseases

In pursuance of the paragraph of third subitem 7.1 of Item 7 of the Presidential decree of the Republic of Belarus of April 14, 2014 "About modification and amendments in presidential decrees of the Republic of Belarus concerning insurance activity" the Council of Ministers of the Republic of Belarus DECIDES: No. 165

1. Approve Regulations on payment procedure of the additional expenses connected with damage of health insured on compulsory insurance from labor accidents and occupational diseases it (is applied).

2. Make changes and additions to the following resolutions of Council of Ministers of the Republic of Belarus:

2.1. in the resolution of Council of Ministers of the Republic of Belarus of January 25, 1999 No. 115 "About approval of the List of payments on which contributions on the national social insurance, including on professional pension insurance, in Social Security Fund of the population of the Ministry of Labour and Social Protection and on compulsory insurance from labor accidents and occupational diseases in the Belarusian republican unitary insurance enterprise Belgosstrakh (The national register of legal acts of the Republic of Belarus, are not assessed 1999, to No. 9, 5/134; National legal Internet portal of the Republic of Belarus, 19.12. 2013, 5/38159):

in the name of the resolution and Item 1 of the word "in Social Security Fund of the population of the Ministry of Labour and Social Protection" shall be replaced with words "in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus";

in the List of payments on which contributions on the national social insurance are not assessed, including on professional pension insurance, in Social Security Fund of the population of the Ministry of Labour and Social Protection and on compulsory insurance from labor accidents and occupational diseases in the Belarusian republican unitary insurance enterprise Belgosstrakh, approved by this resolution:

in the name of the word "in Social Security Fund of the population of the Ministry of Labour and Social Protection" shall be replaced with words "in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus";

to exclude from Item 5 of the word "and medical care insured appears the state organizations of health care";

2.2. in Regulations on the Ministry of Finance of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1585 "Questions of the Ministry of Finance of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2001, No. 105, 5/9328; 2009, No. 82, 5/29515; 2010, No. 118, 5/31768; 2011, No. 11, 5/33160; National legal Internet portal of the Republic of Belarus, 25.01.2014, 5/38331):

to state subitem 3.9 of Item 3 in the following edition:

"3.9. state regulation of insurance activity, carrying out state policy in the field of insurance activity, supervision and control of insurance activity in the territory of the Republic of Belarus;";

in item 4:

add subitem 4.53 with words ", establishes the extreme size of all payment types to insurance agents and extreme amount of remuneration for the rendered services to insurance brokers";

in subitem 4.55 the word "charters" shall be replaced with words "constituent documents";

to state subitem 7.17 of Item 7 in the following edition:

"7.17. when implementing supervision and control of insurance activity the Ministry of Finance has the right:

perform observance by insurance companies, insurance brokers, their separate divisions having accounting number of the payer and also insurance agents of requirements of the legislation on insurance;

take out to insurance companies, insurance brokers the requirement (instruction), obligatory for accomplishment, about elimination of the revealed violations;

perform in the place of the stay based on studying of the documents and information received according to the legislation without reclamation from the checked subject of other documents (cameral checks), to take out the requirement (instruction) about elimination of the violations of the law revealed by results of cameral checks;

apply to insurance companies, insurance brokers, insurance agents, their officials of responsibility measure, provided by legal acts, for violations of the law about insurance;

make decisions on suspension, the termination, action renewal, cancellation at insurance companies of special permissions (licenses) for implementation of insurance activity;

in the cases provided by legal acts to appoint temporary administration on management of insurance company;

bring representation (offer) to the owner of property (founders, participants) of insurance company about holding actions for financial improvement of insurance company, replacement of its management;

make decisions on liquidation of insurance company, insurance broker in the cases established by legal acts;

appeal to economic court of area (Minsk) with the statement for economic insolvency (bankruptcy) of insurance company, insurance broker;

receive from insurance companies, insurance brokers the reporting under insurance and intermediary activity under insurance, and also other information on their financial and economic activities necessary for accomplishment of functions of supervision and control of insurance activity, including data on the income paid by insurance company, insurance broker to their workers, to address for receipt of such information in other state bodies, banks, the non-bank credit and financial organizations, other legal entities and physical persons;

if necessary without the consent of insurance company, insurance broker to act as the audit client of the reporting of insurance company, insurance broker at the expense of means of insurance company, insurance broker;

perform other actions according to the legislation;

apply enforcement measures for violation of the law about insurance, including:

collect in indisputable procedure the money which is on accounts of insurance companies in banks owing to their illegal deduction, evasion from their return, other delay in their payment in cases of failure to carry out of the requirement (instruction) of the Ministry of Finance by insurance company about elimination of violations of the law about insurance;

stop transactions of insurance companies on accounts in banks in case of violation of the regulatory legal acts governing the relations in the sphere of insurance by them and also when implementing insurance activity without special permission (license), types of insurance which are not specified in special permission (license), and the activities which are not connected with insurance and reinsurance;";

2.3. No. 575 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 29.08.2019

2.4. in Regulations on the payment procedure to the insurer of insurance premiums on compulsory insurance from labor accidents and occupational diseases approved by the resolution of Council of Ministers of the Republic of Belarus of October 10, 2003 No. 1297 (The national register of legal acts of the Republic of Belarus, 2003, No. 115, 5/13173; 2008, No. 162, 5/27970; 2009, No. 83, 5/29526; 2010, No. 2, 5/30974):

in Item 2:

in part one:

shall be replaced with words the words "in Social Security Fund of the population of the Ministry of Labour and Social Protection" "in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus";

after figures "5/134" to add part with words "; National legal Internet portal of the Republic of Belarus, 19.12. 2013, 5/38159";

the second to state part in the following edition:

"Object for charge of insurance premiums for the insured persons working at basis of membership (participation) in the organizations of any forms of business, and also being heads of peasant farms, heads of the organizations - the single owners of their property, is the income determined by them.";

in item 4:

in part one:

in paragraph one:

replace figures "244" with figures "273";

after figures "1/7866" to add the paragraph with words "; National legal Internet portal of the Republic of Belarus, 19.04. 2014, 1/14942";

state paragraph two in the following edition:

"the document confirming state registration and constituent documents - for insurers - public associations of disabled people and pensioners, children's villages (towns);";

word in paragraph three of "the certificate on state registration" shall be replaced with words "the document confirming state registration";

the fourth and fifth to exclude paragraphs;

in part four:

the paragraph one to state in the following edition:

"The privilege to insurance rate is provided from the first following behind day of submission of all documents specified in part one of this Item:";

to add paragraph two after the word of "pensioners" with words ", to children's villages (towns)";

the fourth and fifth to exclude paragraphs;

the sixth to exclude part;

the seventh to consider part part six;

to add Item 5 after the words "pay insurance premiums" with the words "in Belarusian rubles";

state Item 6 in the following edition:

"6. The amount of insurance premiums which is subject to payment by the insurer concerning each insured person shall be at least amount of these fees, the average salary of workers estimated from the size of 60 percent and serving in the Republic of Belarus in the month preceding month of their charge in proportion to worked time.

The condition about obligatory payment of minimum amount of insurance premiums is not applied in case of lack of object to charge of insurance premiums, and also in case of calculation of the specified contributions from payments assessed for benefit of insured persons: performing works on civil agreements; the paid works which are in correctional, medical and labor, educational and labor facilities and involved to accomplishment; working in the public and religious organizations (associations); being according to article 30 of the Code of the Republic of Belarus about education by students and involved in works in the organizations during practical training, inservice training, training, being clinical interns.";

state Item 8 in the following edition:

"8. Insurers - legal entities pay insurance premiums since quarter of their state registration.

Insurers - separate divisions of legal entities pay insurance premiums since quarter of entry into force of decisions of legal entities on investment of their separate divisions with the right to payment of insurance premiums.";

state Item 10 in the following edition:

"10. Insurance premiums are transfered to account, specified in the registration certificate granted by the insurer in the procedure established by the legislation to the insurer, the notice on registration issued by registering body or in the notification of the insurer.";

add the Provision with Item 12-1 of the following content:

"12-1. Charge of penalty fee for untimely payment of insurance premiums by the insurers financed from means republican and local budgets based on the budget estimate through territorial authorities is made from the date of, the actual obtaining following behind day in banks of funds for payments to insured persons.";

add Item 14 with part two of the following content:

"In case of implementation of the insurance payments specified in part one of this Item the insurer submits to separate division of the insurer in place of registration in time, provided in the paragraph the nineteenth Item 323 of the Regulations on insurance activity in the Republic of Belarus, the documents containing data on the performed insurance payments in the forms established by the insurer.";

"paid" to add Item 15 after the word with the word of "(appointed)";

in Item 16 of the word "are paid by insurers" and "the capitalized time payments-payment code 10004, the means compensated according to recourse (subrogated) requirements to persons responsible for the harm done to insured persons (except for insurers)" to replace respectively with words "(further - other payments) are paid" and "the means compensated to the insurer owing to realization by it of right to claim against person responsible for the harm done to life or health of insured person (except case if the insurer of this insured person is responsible for harm)";

state Item 17 in the following edition:

"17. Completion date insurer of the obligation on payment of insurance premiums and other payments is day:

submissions to bank during banking day on paper and (or) in electronic form the payment order on transfer of insurance premiums and other payments to the insurer in the presence on the current (settlement) bank account of the insurer of the money sufficient for its execution by bank;

execution by bank of the payment order of the insurer on transfer of the insurance premiums and other payments to the insurer which are earlier not performed on absence reason on the current (settlement) bank account of the insurer of the money sufficient for its execution;

entering of cash by the insurer into bank for transfer of the receivable amounts of insurance premiums and other payments to the insurer;

implementation of payment by the insurer with use of bank payment card according to the procedure, established by the legislation, on account of payment of receivable insurance premiums and other payments to the insurer;

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