PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of October 16, 2017 No. 376

About measures for enhancement of control (supervising) activities

For the purpose of optimization of control (supervising) activities in the Republic of Belarus, I decide decrease in impact from the controlling (supervising) bodies on subjects of business activity:

1. Ceased to be valid according to the Presidential decree of the Republic of Belarus of 06.06.2025 No. 227

2. Requirements of this Decree are obligatory for all controlling (supervising) bodies and subjects.

3. Illegal intervention in activities of the checked subject is forbidden and attracts involvement of officials of the controlling (supervising) bodies to the responsibility established by legal acts.

The checked subject is recognized honesty performing requirements of the legislation, other is not proved yet.

In case of ambiguity or illegibility of instructions of the act of the legislation decisions shall be made for benefit of the checked subject.

Checks shall not break production economic activity of the checked subjects.

Control (supervising) activities are performed with use of the measures of preventive and precautionary nature realized by the controlling (supervising) bodies in interaction with the subjects which are subject to control (supervision) including way:

carrying out monitoring, the direction of recommendations about elimination and non-admission of the shortcomings revealed as a result of monitoring;

carrying out explanatory work about procedure for observance of requirements of the legislation, application of its provisions in practice;

informing subjects (including use of means of the global computer Internet, mass media) about the typical violations revealed during checks by the controlling (supervising) bodies;

holding seminars, round tables and another.

4. Collection by the controlling (supervising) bodies of payment from the checked subjects for implementation of checks is not allowed, except for compensations (payment) in the cases and procedure determined by Council of Ministers of the Republic of Belarus, the costs connected with carrying out researches, testing, engineering certifications, examinations, involvement of experts, specialists, sampling and it is model.

5. In the form of conducting checks labor unions, their organizational structures, merging of such unions and their organizational structures in the cases and procedure established by other legal acts have the right to exercise public control.

Implementation of public control in the form of conducting checks by other organizations, except specified in part one of this Item, and also physical persons is forbidden.

6. Actions technical (technological, testing) nature have precautionary and preventive focus.

Carrying out selective and unscheduled inspections on the questions relating to actions technical (technological, testing) nature, is not allowed.

By results of holding actions technical (technological, testing) nature the controlling (supervising) bodies within the competence:

in case of identification in the territory and (or) objects of the subject of violations take out the requirement (instruction) about their elimination at the scheduled time;

in case of identification of the violations of the law creating threat of homeland security, damnification of life and to health of the population, the environment:

hand (direct) the offer on suspension you (will lock) activities of the subject (its workshops, production sites), construction object, the equipment (further – the offer on suspension of operations) before elimination of the violations which formed the basis of delivery (direction) of such offer;

take out the requirement (instruction) about suspension you (will lock) productions and (or) sales of goods (works, services), operation of vehicles before elimination of the violations which formed the basis for pronouncement of such requirement (instruction).

About elimination of the violations which formed the basis for pronouncement of the requirement (instruction), the subject within the term established in the requirement (instruction) in writing reports the controlling (supervising) body which took out this requirement (instruction) with appendix of supporting documents, and also gives to this controlling (supervising) body opportunity to make sure on site of elimination of violations.

In case of accomplishment at the scheduled time by the subject of requirements (instructions) about elimination of violations, suspension you (will lock) productions and (or) sales of goods (works, services), operation of vehicles of measure of responsibility for these violations to the subject and (or) his officials are not applied.

In case of not elimination of the revealed violations, identification of the further violations which are earlier established during the actions technical (technological, testing) nature, and also in case of identification of violations which elimination is impossible measures of responsibility are applied according to the procedure, established by the legislation.

The subject informs the controlling (supervising) body no later than one working day following behind day of receipt of such offer on the decision accepted based on the offer on suspension of operations.

In case of adoption by the subject of the decision on inexpediency of suspension of operations the controlling (supervising) body has the right to take a legal action with the statement for establishment of such suspension.

Suspension (will lock) productions and (or) sales of goods (works, services), operation of vehicles can be applied by the controlling (supervising) body only if such powers of the controlling (supervising) body are directly established by this Decree or other legal acts.

7. Prohibit, except as specified, provided in Item 8 of this Decree, conducting checks within two years from the date of:

state registration – the organizations (except created according to the procedure of reorganization), individual entrepreneurs;

assignments of accounting number of the payer – separate divisions of the organizations (except created according to the procedure of reorganization);

creations – representative offices of the foreign organizations;

commissioning of construction object – regarding activities of the checked subject concerning this object;

initial issue of the registration certificate – persons performing lawyer activities individually;

initial payment of collection for implementation of craft activity, collection for implementation of activities for rendering services in the field of agroecotourism – persons performing craft activity, activities in the field of agroecotourism.

8. During the term established in Item 7 of this Decree unscheduled inspections can be appointed:

at the request of the President of the Republic of Belarus;

The State Control Committee (or according to its order) in the presence at it information testimonial of making of financial transactions with violation of requirements of the legislation (illegal financial transactions (3)) on the amount exceeding 1000 basic sizes;

The State Control Committee (or according to its order territorial authorities of the State Control Committee, territorial authorities of financial investigations), the State Customs Committee (or according to its order customs), the Ministry of Taxes and Tax Collection (or according to its order territorial authorities of this Ministry) concerning the subjects included in the register of the commercial organizations and individual entrepreneurs with the increased risk of making of offenses in the economic sphere (4) (further – the register), and also other checked subjects – in the presence of data on transactions (transactions) with the subjects included in the register;

at the request of criminal prosecution authorities on the brought criminal case;

in case of establishment of the infectious disease connected with activities of the checked subject;

National Bank within carrying out supervision of banking activity, including on the consolidated basis, supervision of activities of "Development Bank of the Republic of Belarus" open joint stock company, and also within monitoring procedure behind observance by the non-profit microfinancial organizations operating in the form of consumer cooperative, the legislation regulating procedure for provision and attraction of microloans and within the monitoring procedure behind compliance with law regulating procedure and conditions of implementation of activities for making of the transactions initiated by physical persons and legal entities with non-deliverable off-exchange financial instruments (activities in the Forex curb market);

uses (expenditure) the checked subject of budgetary funds, means of the state trust budget and off-budget funds, state-owned property, measures of the state support;

for confirmation of justification of the arguments stated in objections under the act (reference) of check or in the claim to the decision of the controlling (supervising) body (official), the requirement (instruction) about elimination of violations, studying of additional questions on the cases which arrived in criminal prosecution authorities, courts except earlier approved checking (the head of check) and officials of criminal prosecution authorities on the brought criminal case, courts on the cases which are in their production, or because of non-compliance checking (the head of check) of established procedure of conducting checks (further – additional check).

Unscheduled inspections according to part one of this Item are appointed by the head of the controlling (supervising) body (including territorial authority, structural division, the subordinate organization) or his authorized deputy within competence of the controlling (supervising) body with observance of other requirements of this Decree.

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