RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of August 31, 2022 No. 118

About change of the resolution of the Ministry of Justice of the Republic of Belarus of May 24, 2012 No. 143

Based on Article part one 10, of parts six and the seventh Article 18 and part two of article 25 of the Law of the Republic of Belarus of November 25, 2011 No. 323-Z "About archiving and clerical work" and the paragraph of the sixth subitem 6.30 of Item 6 of the Regulations on the Ministry of Justice of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1605, the Ministry of Justice of the Republic of Belarus DECIDES:

1. Bring in the resolution of the Ministry of Justice of the Republic of Belarus of May 24, 2012 No. 143 "About approval of Rules of work of archives of state bodies and other organizations" the following changes:

state preamble in the following edition:

"Based on Article part one 10, of parts six and the seventh Article 18 and part two of article 25 of the Law of the Republic of Belarus of November 25, 2011 No. 323-Z "About archiving and clerical work" and the paragraph of the sixth subitem 6.30 of Item 6 of the Regulations on the Ministry of Justice of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1605, the Ministry of Justice of the Republic of Belarus DECIDES:";

in Rules of work of archives of the state bodies and other organizations approved by this resolution:

in Item 1 part two to replace the word of "organization" with the word to "providing";

in item 4:

from word part two", documents in electronic form" to exclude;

add Rules with Item 4-1 of the following content:

"4-1. The procedure for use of the documents which are stored in archives of state bodies, other organizations is established by their heads according to the legislation.

The decision on restriction of access to the documents which are stored in archives of state bodies, other organizations is accepted by heads of these state bodies, other organizations. About restriction of access to the documents which are stored in archives of state bodies, other organizations it is reported to citizens or the organizations in seven-day time from the date of receipt of request.";

the fifth Item 5 after the word of "documents" to add the paragraph with words "National Archive Fund of the Republic of Belarus (further – National Archive Fund)";

in Item 6:

the tenth and twelfth after the word "regional" to add paragraphs with words "(The Minsk city)";

the eleventh after the word "documents" to add the paragraph with words of "National Archive Fund";

add Item 8 with part of the following content:

"The regulations on archive of the organization affirm the head of the organization. The regulations on archive of the organization which is source of completing of the Public Records Office are approved with the relevant Public Records Office, other organization – with TsEK of superior organization.";

state Item 9 in the following edition:

"9. In the organization in which establishment of established posts of the serving employees of archive is not provided accomplishment of functions on implementation of acceptance, storage, accounting and use of archive documents is assigned to person appointed by the order (other administrative document) of the head of the organization (further – person responsible for archive).";

the second Item 11 to state part in the following edition:

"In archive of the organization are constituted:

the work plan for year;

the schedule of acceptance put in archive of the organization (in the presence of structural divisions);

the passport of archive of the organization (for the organizations which are sources of completing of the Public Records Offices).";

in the first offer of Item 15 of the word "about accomplishment of the work plan for year" shall be replaced with words "about work of archive of the organization in year in form according to appendix 3-1";

to add the name of Chapter 4 after the word of "DOCUMENTS" with the words "Also PUT";

in Item 18:

add part one with words of "documents and cases when changing the head of the organization for form according to appendix 5-1";

the second after the words "In the Delivery-acceptance Certificate" to add part with words of "documents and cases in case of change of the head of the organization";

in Item 19:

in part three:

state paragraph two in the following edition:

"availability and the state of affairs according to the procedure, established by Chapter 38 of these rules, and insurance copies of documents in archive of the organization;";

"seals and" to exclude from the paragraph of the fourth word;

the fourth after words of "documents" and "documents" to add part respectively with the words "also put" and "also put";

in Item 20 shall be replaced with words the word of "documents" "cases (documents)";

exclude the Section II;

state Item 50 in the following edition:

"50. Expertize of value of documents in the organization is carried out annually based on regulatory legal acts, local legal acts establishing the list of standard documents with indication of storage durations and (or) lists of the documents which are formed in the course of activities of the state bodies, other state organizations and subordinated to them (which are part, system) the bodies and (or) the organizations, with indication of storage durations (further if other is not determined, – departmental lists of documents with indication of storage durations), lists of the documents which are formed in the course of activities of the non-state organizations and subordinated to them (which are part, system) the organizations, with indication of storage durations (further – lists of documents of the non-state organizations with indication of storage durations), and also other acts of the legislation.";

add Rules with Items 50-1 and 50-2 of the following content:

"50-1. Departmental lists of documents with indication of storage durations of state bodies, other state organizations are established by the local legal act of state body or other state organization.

50-2. Drafts of departmental lists of documents with indication of storage durations of state bodies, other state organizations go to the Ministry of Justice for consideration and approval.

Drafts of departmental lists of documents with indication of storage durations of the state organizations subordinated to the Government of the Republic of Belarus are approved with the central expert and methodical commission of Department on archives and clerical work of the Ministry of Justice.

Drafts of lists of documents of the non-state organizations with indication of storage durations are approved with the Public Records Offices which sources of completing are these non-state organizations.

If the non-state organizations are not sources of completing of the Public Records Offices, then drafts of lists of documents of the non-state organizations with indication of storage durations are approved only with TsEK of the non-state organization (in case of its availability) or EK of the non-state organization.";

to add Item 52 after part one with part of the following content:

"EK of structural division of the organization is created according to the decision of the head of the organization depending on the number of the documents which are formed in its activities.";

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