of March 25, 2022 No. 30
About approval of regulations of ministerial procedures
Based on the paragraph of third of article 9-1 of the Law of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures", subitem 5.9 of Item 5 of the Regulations on the Ministry of Transport and Communications of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 31, 2006 No. 985, the Ministry of Transport and Communications of the Republic of Belarus DECIDES:
1. Approve:
______________________________
* For the purposes of this resolution the subitem is understood as the subitem of Item of the single list of the ministerial procedures performed concerning subjects of the managing approved by the resolution of Council of Ministers of the Republic of Belarus of September 24, 2021 No. 548.
1-1. Determine form of data on vehicles with which use it will be performed the licensed type of activity, according to appendix (is performed).
2. This resolution becomes effective after its official publication.
|
Minister |
A. N. Avramenko |
|
It is approved Ministry of Economics of the Republic of Belarus |
|
|
Ministry of Foreign Affairs of the Republic of Belarus |
|
|
Ministry of Taxes and Tax Collection of the Republic of Belarus |
|
|
State boundary committee of the Republic of Belarus |
|
|
State boundary committee of the Republic of Belarus |
|
Appendix
to the Resolution of the Ministry of Transport and Communications of the Republic of Belarus of March 25, 2022 No. 30
Form
_________________________________________________________________________________________________________________
(the name of the legal entity, surname, own name, middle name (if that is available) – for the individual entrepreneur)
|
№ |
Name |
Type |
Brand |
Model |
Number of the chassis (body) |
The register - |
Complete weight |
Quantity the passenger - |
Year of release |
Effective period of permission to the admission to participation in traffic |
Information on the vehicle equipment control device (tachograph) |
Notes |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
|
Head of the legal entity |
___ ______________ 20 __. | |||
|
(signature, initials, surname) |
Approved by the Resolution of the Ministry of Transport and Communications of the Republic of Belarus of March 25, 2022, No. 30
1. Features of implementation of ministerial procedure:
1.1. the name of authorized body (jurisdiction of ministerial procedure) – the Ministry of Transport and Communications;
1.2. the name of state body, other organization, performing acceptance, preparation for consideration of the applications of interested persons and (or) issue of executive decisions, adoption of executive decisions about refusal in adoption of statements of interested persons, – public institution "Transport inspection of the Ministry of Transport and Communications of the Republic of Belarus" (further – Transport inspection);
1.3. the regulatory legal acts, the international agreements of the Republic of Belarus, the international legal acts containing the obligations of the Republic of Belarus regulating procedure of ministerial procedure:
Tax code of the Republic of Belarus;
The law of the Republic of Belarus "About bases of ministerial procedures";
The law of the Republic of Belarus of October 14, 2022 No. 213-Z "About licensing";
The decree of the President of the Republic of Belarus of May 7, 2012 No. 6 "About stimulation of business activity in the territory of averages, small residential locations, the rural zone";
The European agreement concerning work of crews of the vehicles making the international motor transportations (ESTR);
the resolution of Council of Ministers of the Republic of Belarus of June 30, 2008 No. 970 "About approval of Rules of motor transportations of loads";
the resolution of Council of Ministers of the Republic of Belarus of June 30, 2008 No. 971 "About establishment of requirements to persons responsible for the organization and accomplishment of motor transportations, and approval of the Regulations on procedure for confirmation of professional competence of persons responsible for the organization and accomplishment of the international motor transportations, and also the drivers who are carrying out the international motor transportations of loads, and issues of appropriate certificates";
the resolution of Council of Ministers of the Republic of Belarus of June 30, 2008 No. 972 "About some questions of motor transportations of passengers";
the resolution of Council of Ministers of the Republic of Belarus of September 24, 2021 No. 548 "About the ministerial procedures performed concerning subjects of managing";
the resolution of Council of Ministers of the Republic of Belarus of February 27, 2023 No. 154 "About licensing";
the resolution of the Ministry of Transport and Communications of the Republic of Belarus of September 5, 2023 No. 36 "About assessment of conformity";
1.4. other available features of implementation of ministerial procedure:
1.4.1. ministerial procedure is performed concerning legal entities of the Republic of Belarus (further – the legal entity) and the individual entrepreneurs registered in the Republic of Belarus (further – the individual entrepreneur);
1.4.2. ministerial procedure is performed concerning the services specified in Item 2 of article 59 of the Law of the Republic of Belarus "About licensing".
Ministerial procedure is not performed concerning the services specified in Item 3 of article 59 of the Law of the Republic of Belarus "About licensing";
1.4.3. personal submission of the documents and (or) data specified in part one of subitem 2.1 of Item 2 of these Regulations is performed by the license applicant or his authorized representative with simultaneous production of documents, determined in Item 10 of the Regulations on procedure for representation and lists of the documents and (or) data necessary for decision making concerning licensing, requirements to the submitted documents and (or) data, the Council of Ministers of the Republic of Belarus approved by the resolution of February 27, 2023 No. 154 (further – the Provision);
1.4.4. before decision making about provision (refusal in provision) licenses the Transport inspection carries out assessment of conformity of opportunities of the license applicant to dolitsenzionny requirements;
1.4.5. the additional bases for refusal in implementation of ministerial procedure in comparison with the Law of the Republic of Belarus "About bases of ministerial procedures" are determined in paragraphs the second or eighth part two of Item 3 of article 21 of the Law of the Republic of Belarus "About licensing";
1.4.6. appeal of the executive decision is performed judicially.
2. Documents and (or) data necessary for implementation of ministerial procedure:
2.1. represented by the interested person:
|
Name of the document and (or) data |
Requirements imposed to the document and (or) data |
Form and procedure for submission of the document and (or) data |
|
Statement for provision of the license |
in form according to appendix 1 to the Provision |
written: personally by means of mail service electronically in the form of the electronic document * with use of system of interdepartmental electronic document management of state bodies of the Republic of Belarus, national post electronic system or e-mail |
|
The document confirming payment of the state fee (except as specified payments of the state fee by means of the automated information system of single settlement and information space) |
the document shall conform to the requirements determined in Item 6 of article 287 of the Tax Code of the Republic of Belarus | |
|
The constituent or other organizational and administrative documents of the legal entity determining the status of separate division (branch) of this legal entity (in case of intention to perform the licensed type of activity in separate division (branch) |
copies | |
|
Data on vehicles with which use the licensed type of activity will be performed |
in form according to appendix to the resolution which approved these Regulations | |
|
The documents confirming availability on the property right or other legal cause at least one vehicle or structure of the vehicles corresponding to the service assumed to rendering, meeting the requirements of regulatory legal acts, obligatory for observance, including requirements of technical regulatory legal acts, obligatory for observance, the European agreement concerning work of crews of the vehicles making the international motor transportations (ESTR), Rules of motor transportations of loads, No. approved by the resolution of Council of Ministers of the Republic of Belarus of June 30, 2008 970, of Rules of motor transportations of the passengers approved by the resolution of Council of Ministers of the Republic of Belarus of June 30, 2008 No. 972: registration certificate of the vehicle agreement of leasing lease agreement (subleases) agreement of free use (loan) purchase and sale agreement delivery-acceptance certificate |
copies |
|
|
The balance sheet (for final date of the period for which it is constituted) or in case of its absence in the cases determined by the legislation, other document confirming availability in property, economic maintaining or operational management of fixed assets or other non-current assets (for date of creation of the document) the license applicant on accomplishment of the international motor transportations of loads, the confirming compliance of its financial condition to requirements of the European agreement concerning work of crews of the vehicles making the international motor transportations (ESTR), Rules of motor transportations of loads (for the services specified in subitem 2.4 of Item 2 of article 59 of the Law of the Republic of Belarus "About licensing") |
copies |
|
|
The order on appointment of person responsible for the organization and accomplishment of motor transportations (it is represented the license applicant – the individual entrepreneur in case of absence at it appropriate level of professional training, and also the license applicant – the legal entity) |
copy |
|
|
The documents confirming compliance of the professional training level of person responsible for the organization and accomplishment of motor transportations of the license applicant – the individual entrepreneur to the requirements established by the resolution of Council of Ministers of the Republic of Belarus of June 30, 2008 No. 971: the certificate on the termination of rate on accomplishment of motor transportations; certificate on professional competence of the international automobile carrier |
copies |
______________________________
* The electronic document shall be signed by the digital signature developed with use of personal key which certificate of open key is published by republican certification center of the State management system open keys of verification of the digital signature of the Republic of Belarus.
In case of filing of application personally in writing the authorized body has the right to demand from the interested person the documents provided in paragraphs the second or seventh part one of Item 2 of article 15 of the Law of the Republic of Belarus "About bases of ministerial procedures";
2.2. required (received) by authorized body independently:
|
Name of the document and (or) data |
The name of state body, other organization from which are requested the document and (or) data, or the state information resource (system) from which the necessary information in the automatic and (or) automated mode by means of the nation-wide automated information system shall be provided to authorized body (turn out) |
|
Data concerning the license applicant |
Single state register of legal entities and individual entrepreneurs |
|
The data confirming availability at the license applicant on the property right of vehicles (structure of the vehicles) specified the Provision Item 20 in paragraph three |
the automated information system of the State automobile inspection of the Ministry of Internal Affairs |
3. Other actions made by authorized body on execution of the executive decision: entering of data on provision of the license into the state information system "Unified Register of Licenses".
4. Type and the amount of the payment levied when implementing ministerial procedure or the list of the costs connected with implementation of ministerial procedure: the state fee in the amount of 10 basic sizes.
Privileges by the amount of the payment levied when implementing ministerial procedure are established in paragraph three of part one of subitem 1.1 of Item 1 of the Decree of the President of the Republic of Belarus of May 7, 2012 No. 6.
Approved by the Resolution of the Ministry of Transport and Communications of the Republic of Belarus of March 25, 2022, No. 30
1. Features of implementation of ministerial procedure:
1.1. the name of authorized body (jurisdiction of ministerial procedure) – the Ministry of Transport and Communications;
1.2. the name of state body, other organization, performing acceptance, preparation for consideration of the applications of interested persons and (or) issue of executive decisions, adoption of executive decisions about refusal in adoption of statements of interested persons, – public institution "Transport inspection of the Ministry of Transport and Communications of the Republic of Belarus" (further – Transport inspection);
1.3. the regulatory legal acts, the international agreements of the Republic of Belarus, the international legal acts containing the obligations of the Republic of Belarus regulating procedure of ministerial procedure:
Tax code of the Republic of Belarus;
The law of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures";
The law of the Republic of Belarus of October 14, 2022 No. 213-Z "About licensing";
The presidential decree of the Republic of Belarus of June 25, 2021 No. 240 "About the ministerial procedures performed concerning subjects of managing";
The decree of the President of the Republic of Belarus of May 7, 2012 No. 6 "About stimulation of business activity in the territory of averages, small residential locations, the rural zone";
The European agreement concerning work of crews of the vehicles making the international motor transportations (ESTR);
the resolution of Council of Ministers of the Republic of Belarus of June 30, 2008 No. 970 "About approval of Rules of motor transportations of loads";
the resolution of Council of Ministers of the Republic of Belarus of June 30, 2008 No. 972 "About some questions of motor transportations of passengers";
the resolution of Council of Ministers of the Republic of Belarus of September 24, 2021 No. 548 "About the ministerial procedures performed concerning subjects of managing";
the resolution of Council of Ministers of the Republic of Belarus of February 27, 2023 No. 154 "About licensing";
the resolution of the Ministry of Transport and Communications of the Republic of Belarus of September 5, 2023 No. 36 "About assessment of conformity";
1.4. other available features of implementation of ministerial procedure:
1.4.1. ministerial procedure is performed concerning legal entities of the Republic of Belarus (further – the legal entity) and the individual entrepreneurs registered in the Republic of Belarus (further – the individual entrepreneur);
1.4.2. ministerial procedure is performed concerning the services specified Item 2 of article 59 of the Law of the Republic of Belarus "About licensing".
Ministerial procedure is not performed concerning the services specified in Item 3 of article 59 of the Law of the Republic of Belarus "About licensing";
1.4.3. personal submission of the documents and (or) data specified in part one of subitem 2.1 of Item 2 of these Regulations is performed by the license applicant or his authorized representative with simultaneous production of documents, determined in Item 10 of the Regulations on procedure for representation and lists of the documents and (or) data necessary for decision making concerning licensing, requirements to the submitted documents and (or) data, the Council of Ministers of the Republic of Belarus approved by the resolution of February 27, 2023 No. 154 (further – the Provision);
1.4.4. before decision making about change (refusal in change) licenses the Transport inspection carries out assessment of conformity of opportunities of the licensee to licensed requirements;
1.4.5. the additional bases for refusal in implementation of ministerial procedure in comparison with the Law of the Republic of Belarus "About bases of ministerial procedures" are determined in paragraphs by second or pole of part two of Item 3 of article 25 of the Law of the Republic of Belarus "About licensing";
1.4.6. appeal of the executive decision is performed judicially.
2. Documents and (or) data necessary for implementation of ministerial procedure:
2.1. represented by the interested person:
|
Name of the document and (or) data |
Requirements imposed to the document and (or) data |
Form and procedure for submission of the document and (or) data |
|
Statement for change of the license |
in form according to appendix 2 to the Provision |
written: personally by means of mail service electronically in the form of the electronic document ** with use of system of interdepartmental electronic document management of state bodies of the Republic of Belarus, national post electronic system or e-mail |
|
The document confirming payment of the state fee (except as specified payments of the state fee by means of the automated information system of single settlement and information space) |
shall conform to the requirements determined in Item 6 of article 287 of the Tax Code of the Republic of Belarus | |
|
The transfer act (the separation balance sheet, constituent documents), other documents from which the fact of reorganization of the licensee – the legal entity and transition of the license to the legal entity – to the applicant (evidently follows in case of change of the license in connection with reorganization of the licensee – the legal entity) |
copy | |
|
The constituent or other organizational and administrative documents of the legal entity determining the status of separate division of this legal entity (in case of change of the list of separate divisions, including their names and (or) the location, reorganization of the licensee) |
copies | |
|
Data on vehicles with which use the licensed type of activity * is performed |
in form according to appendix to the resolution which approved these Regulations |
|
|
The documents confirming availability on the property right or other legal cause at least one vehicle or structure of the vehicles corresponding to the service assumed to rendering, meeting the requirements of regulatory legal acts, obligatory for observance, including requirements of technical regulatory legal acts, obligatory for observance, the European agreement concerning work of crews of the vehicles making the international motor transportations (ESTR), Rules of motor transportations of loads, No. approved by the resolution of Council of Ministers of the Republic of Belarus of June 30, 2008 970, of Rules of motor transportations of the passengers approved by the resolution of Council of Ministers of the Republic of Belarus of June 30, 2008 No. 972*: registration certificate of the vehicle agreement of leasing lease agreement (subleases) agreement of free use (loan) purchase and sale agreement delivery-acceptance certificate |
copies |
|
|
The balance sheet (for final date of the period for which it is constituted) or in case of its absence in the cases determined by the legislation, other document confirming availability in property, economic maintaining or operational management of fixed assets or other non-current assets (for date of creation of the document) the licensee, the confirming compliance of its financial condition to requirements of the European agreement concerning work of crews of the vehicles making the international motor transportations (ESTR), Rules of motor transportations of loads (for the services specified in subitem 2.4 of Item 2 of article 59 of the Law of the Republic of Belarus "About licensing") * |
copies |
In case of filing of application personally in writing the authorized body has the right to demand from the interested person the documents provided in paragraphs the second or seventh part one of Item 2 of article 15 of the Law of the Republic of Belarus "About bases of ministerial procedures";
2.2. required (received) by authorized body independently:
|
Name of the document and (or) data |
The name of state body, other organization from which are requested the document and (or) data, or the state information resource (system) from which the necessary information in the automatic and (or) automated mode by means of the nation-wide automated information system shall be provided to authorized body (turn out) |
|
Data concerning the licensee |
Single state register of legal entities and individual entrepreneurs |
|
The data confirming availability at the licensee on the property right of vehicles (structure of the vehicles) specified the Provision Item 20 in paragraph three * |
the automated information system of the State automobile inspection of the Ministry of Internal Affairs |
______________________________
* Except for changes of the license in the cases provided by the paragraph the second Provision Item 8.
** The electronic document shall be signed by the digital signature developed with use of personal key which certificate of open key is published by republican certification center of the State management system open keys of verification of the digital signature of the Republic of Belarus.
3. Other actions made by authorized body on execution of the executive decision: entering of data on change of the license into the state information system "Unified Register of Licenses".
4. Type and the amount of the payment levied when implementing ministerial procedure or the list of the costs connected with implementation of ministerial procedure: the state fee in the amount of 5 basic sizes.
Privileges by the amount of the payment levied when implementing ministerial procedure are established in paragraph three of part one of subitem 1.1 of Item 1 of the Decree of the President of the Republic of Belarus of May 7, 2012 No. 6, subitem 10.20 of Item 10, Item 14 of article 285 of the Tax Code of the Republic of Belarus.
Approved by the Resolution of the Ministry of Transport and Communications of the Republic of Belarus of March 25, 2022, No. 30
1. Features of implementation of ministerial procedure:
1.1. the name of authorized body (jurisdiction of ministerial procedure) – public institution "Transport inspection of the Ministry of Transport and Communications of the Republic of Belarus";
1.2. the regulatory legal acts, the international agreements of the Republic of Belarus, the international legal acts containing the obligations of the Republic of Belarus regulating procedure of ministerial procedure:
The law of the Republic of Belarus "About bases of ministerial procedures";
The rules of motor transportations of passengers approved by the resolution of Council of Ministers of the Republic of Belarus of June 30, 2008 No. 972;
the resolution of Council of Ministers of the Republic of Belarus of March 7, 2018 No. 188 "About approval of the Regulations on procedure for issue to automobile carriers of permission to accomplishment of the international motor transportations of passengers in the regular message";
the resolution of Council of Ministers of the Republic of Belarus of September 24, 2021 No. 548 "About the ministerial procedures performed concerning subjects of managing";
1.3. other available features of implementation of ministerial procedure – automobile carriers can also address for implementation of ministerial procedure in case of the termination of effective period of permission to accomplishment of the international motor transportations of passengers in the regular message and need of continuation of accomplishment of the international motor transportations of passengers for the regular message along route for issue of new permission not later than one month before expiration of earlier issued permission.
2. Documents and (or) data necessary for implementation of ministerial procedure:
2.1. represented by the interested person:
|
Name of the document and (or) data |
Requirements imposed to the document and (or) data |
Form and procedure for submission of the document and (or) data |
|
statement |
the statement shall contain the data meeting the requirements of paragraphs two, third, the fifth, seventh or tenth, twelfth part one of Item 5 of article 14 of the Law of the Republic of Belarus "About bases of ministerial procedures" |
in writing: |
|
the scheme of route (scheme of routes) of the international motor transportations of passengers in the regular message |
shall conform to the requirements provided by the paragraph the second Item 116 of Rules of motor transportations of passengers | |
|
the schedule of movement of vehicles along route of the international motor transportations of passengers in the regular message approved with owners of the passenger terminals located in the territory of the Republic of Belarus |
shall conform to the requirements provided by Items 44-46 and the paragraph third Item 116 of Rules of motor transportations of passengers | |
|
tables of fare of passengers and conveyance |
||
|
working schedule of drivers |
shall conform to the requirements provided by the paragraph the fourth Item 116 of Rules of motor transportations of passengers | |
|
copies of contracts with foreign partners on the organization of international carriages of passengers in the regular message |
In case of filing of application the authorized body has the right to demand from the interested person the documents provided in paragraphs the second or seventh part one of Item 2 of article 15 of the Law of the Republic of Belarus "About bases of ministerial procedures";
2.2. required (received) by authorized body independently:
|
Name of the document and (or) data |
The name of state body, other organization from which are requested the document and (or) data, or the state information resource (system) from which the necessary information in the automatic and (or) automated mode by means of the nation-wide automated information system shall be provided to authorized body (turn out) |
|
approval in need of the check point and time of crossing of Frontier of the Republic of Belarus specified in the schedule of movement of vehicles provided by automobile carrier along route of the international motor transportations of passengers in the regular message approved with owners of the passenger terminals located in the territory of the Republic of Belarus |
State boundary committee |
3. Data on the reference or other document issued (accepted, approved, approved) authorized body by results of implementation of ministerial procedure:
|
Name of the document |
Effective period |
Representation form |
|
permission to accomplishment of the international motor transportations of passengers in the regular message |
5 years, and in case of continuation of accomplishment of the international motor transportations of passengers in the regular message – according to the term specified by automobile carrier in the statement, but no more than 5 years |
written |
Other actions made by authorized body on execution of the executive decision, – transfer of data on the issued permissions interested, and also approval of the schedule of movement of vehicles along route of the international motor transportations of passengers in the regular message.
4. Procedure for giving (response) for the administrative claim:
|
The name of the state body (other organization) considering the administrative claim |
Form of giving (response) of the administrative claim (electronic and (or) written form) |
|
Ministry of Transport and Communications |
written |
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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