RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of February 29, 2008 No. 308

About compulsory national insurance

Based on Item 9 of article 66 of the Law of the Republic of Belarus of May 8, 2007 No. 220-Z "About prosecutor's office of the Republic of Belarus", parts nine of article 40 of the Law of the Republic of Belarus of July 17, 2007 No. 263-Z "About law-enforcement bodies of the Republic of Belarus", article 29 of the Law of the Republic of Belarus of July 16, 2008 No. 414-Z "About bodies of financial investigations of the State Control Committee of the Republic of Belarus", parts nine of article 31 of the Law of the Republic of Belarus of July 16, 2009 No. 45-Z "About bodies and divisions for emergency situations of the Republic of Belarus", parts nine of article 22 of the Law of the Republic of Belarus of July 1, 2010 No. 142-Z "About the State Control Committee of the Republic of Belarus and its territorial authorities", parts nine of article 29 of the Law of the Republic of Belarus of July 13, 2012 No. 403-Z "About the Investigative Committee of the Republic of Belarus", Item 10 of article 245 of the Law of the Republic of Belarus of January 10, 2014 No. 129-Z "About customs regulation in the Republic of Belarus", parts nine of article 29 of the Law of the Republic of Belarus of July 15, 2015 No. 293-Z "About the State committee of judicial examinations of the Republic of Belarus", Items 1 and 9 of article 109 of the Tax Code of the Republic of Belarus, Item 60 of the Regulations on diplomatic service of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of May 15, 2008 No. 276, Council of Ministers of the Republic of Belarus DECIDES:

1. Approve Regulations on compulsory national insurance it (is applied).

2. Determine that obligations on implementation of insurance payments in connection with damnification of life, to health and (or) property of staff of the Investigative Committee, employees and faces of civil personnel from among court experts of the State committee of judicial examinations, the staff of law-enforcement bodies, public prosecutor's workers, employees of bodies and divisions on emergency situations, the employees of bodies of financial investigations of the State Control Committee by types of compulsory national insurance who arose before entry into force of this resolution are performed on conditions which were effective to its introduction in force.

3. Recognize invalid:

the resolution of Council of Ministers of the Republic of Belarus of March 18, 1993 No. 156 "About the national compulsory personal insurance of faces of the private and the commanding structure of law-enforcement bodies" (the joint venture of the Republic of Belarus, 1993, No. 8, the Art. 137);

the resolution of Council of Ministers of the Republic of Belarus of May 6, 1993 No. 289 "About the national compulsory personal insurance of public prosecutor's workers of the Republic of Belarus" (the joint venture of the Republic of Belarus, 1993, No. 13, the Art. 241);

the resolution of the Cabinet of Ministers of the Republic of Belarus of October 31, 1994 No. 152 "About modification of the resolution of Council of Ministers of the Republic of Belarus of March 18, 1993 No. 156" (Collection of presidential decrees and resolutions of the Cabinet of Ministers of the Republic of Belarus, 1994, No. 10, the Art. 252);

the resolution of the Cabinet of Ministers of the Republic of Belarus of June 8, 1995 No. 295 "About introduction of amendments to the resolution of Council of Ministers of the Republic of Belarus of May 6, 1993 No. 289" (Collection of presidential decrees and resolutions of the Cabinet of Ministers of the Republic of Belarus, 1995, No. 17, the Art. 39);

subitem 1.1 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of December 31, 1998 No. 2020 "About entering of amendments and changes into some orders of the Government of the Republic of Belarus";

subitem 1.1 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of May 20, 1999 No. 731 "About entering of amendments into some orders of the Government of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 1999, No. 42, 5/866);

Item 1 of the resolution of Council of Ministers of the Republic of Belarus of December 29, 2001 No. 1899 "About modification and amendments in some orders of the Government of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2002, No. 6, 5/9717).

4. This resolution becomes effective after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of February 29, 2008 No. 308

Regulations on compulsory national insurance

1. This Provision determines procedure and conditions of payment of insurance sums (the amounts of insurance coverage) on compulsory national insurance of employees, and also the government civil servants of the Investigative Committee performing the powers provided by the procedural legislation, the employees and faces of civil personnel from among court experts of the State committee of judicial examinations, the staff of law-enforcement bodies, public prosecutor's workers, employees of bodies and divisions on emergency situations, the employees of bodies of the State Control Committee, officials of the tax authorities which are performing and (or) who are directly providing control activities according to appendix, officials of customs authorities in case of damnification of their life, to health and (or) property, property of their relatives (members of their families) and also diplomatic workers and workers of administrative technicians the members of their families directed to work in diplomatic representations and consular establishments of the Republic of Belarus, and jointly living with them abroad (further if other is not determined, – employees of foreign institutions and members of their families) in case of damnification of their life and to health.

2. For the purposes of this provision the following terms and their determinations are used:

the insurer – the State committee of judicial examinations, the Ministry of Internal Affairs, the Prosecutor General's Office, the Ministry of Emergency Situations, the State Control Committee, the Ministry of Taxes and Tax Collection, the State Customs Committee, the Ministry of Foreign Affairs;

the insurer – the Belarusian republican unitary insurance enterprise Belgosstrakh;

insured person – employees, and also the government civil servants of the Investigative Committee performing the powers provided by the procedural legislation, employees and faces of civil personnel from among court experts of the State committee of judicial examinations, the staff of law-enforcement bodies, public prosecutor's employees, employees of bodies and divisions for emergency situations, employees of bodies of the State Control Committee, officials of tax authorities according to appendix, officials of customs authorities, employees of foreign institutions and members of their families;

family of the died (dead) – persons connected among themselves by the moral and material community and support, maintaining general economy, the rights and obligations following from scrap, close relationship, adoption and in case of death (death) of insured person recognized in accordance with the established procedure as his heirs (further – the beneficiary);

relatives – the spouse (spouse), parents (adoptive parents), children (including adopted (adopted), brothers and sisters, the grandfather, the grandma, grandsons;

insurance payment – the cash amount paid to insured person, and in case of his death (death) in case of loss occurrence – to the beneficiary;

insurance premium – the funds transferred by the insurer to the insurer for implementation of insurance payment for compulsory national insurance and covering of expenses of the insurer on settlement of insured event;

the activities of insured person, previous before dismissal, – activities of insured person for the period, directly prior to its dismissal during which person was insured;

members of the family of the worker – the spouse (spouse), minor children including adopted (adopted) stepsons and stepdaughters, and also disabled full age children who are in its dependence including adopted (adopted) stepsons and stepdaughters.

3. Insured events on compulsory national insurance are:

3.1. death (death) of insured person if it came:

owing to criminal infringement of his life or health in connection with implementation of office activities by it (execution of service duties), or owing to acceptance of measures for prevention (suppression) of crime, administrative offense by it, or owing to damnification of his life or to health in connection with execution of service duties in case of liquidation of emergency situations, including on the specified bases within one year after the termination of service;

when implementing office activities, on duty;

3.2. causing to insured person of bodily harm:

owing to criminal infringement of his life or health in connection with implementation of office activities by it (execution of service duties), or owing to acceptance by it of measures for prevention (suppression) of crime, administrative offense, or owing to damnification of his life or to health in connection with execution of service duties in case of liquidation of emergency situations;

when implementing office activities, on duty;

3.3. establishment to insured person of disability:

owing to criminal infringement of his life or health in connection with implementation of office activities by it (execution of service duties), or owing to acceptance of measures for prevention (suppression) of crime, administrative offense by it, or owing to damnification of his life or to health in connection with execution of service duties in case of liquidation of emergency situations, including on the specified bases within one year after the termination of service;

when implementing office activities, on duty;

3.4. destruction or damage of the property belonging to insured person and (or) his relatives (members of his family) (except for employees of foreign institutions and members of their families), owing to criminal infringement of his life or health in connection with implementation of office activities by it (execution of service duties) or owing to acceptance of measures for prevention (suppression) of crime, administrative offense by it. At the same time payment of insurance indemnity in case of destruction or damage of property is made only to insured persons from number of persons employed of the Investigative Committee, employees and faces of civil personnel from among court experts of the State committee of judicial examinations, the staff of law-enforcement bodies and (or) to their relatives, public prosecutor's workers and (or) to their relatives, employees of bodies of the State Control Committee and (or) to their relatives, officials of customs authorities and (or) to members of their families;

3.5. for members of families of employees of foreign institution – cases of death (death), causing bodily harm, the disability establishments which came owing to criminal infringement of their life and health or emergency situation during stay in the territory of foreign state and also cases of death (death), the disability establishments which came on the specified bases within one year after the termination of implementation by employees of foreign institution of office activities (execution of service duties) in the territory of foreign state;

3.6. other events determined by legal acts.

4. Insurance payments for compulsory national insurance are made to insured persons from number:

employees, and also the government civil servants of the Investigative Committee performing the powers provided by the procedural legislation according to article 29 of the Law of the Republic of Belarus "About the Investigative Committee of the Republic of Belarus";

the staff of law-enforcement bodies, employees of bodies of financial investigations of the State Control Committee and (or) to their beneficiaries according to article 40 of the Law of the Republic of Belarus "About law-enforcement bodies of the Republic of Belarus";

employees and faces of civil personnel from among court experts of the State committee of judicial examinations and (or) to their beneficiaries according to article 29 of the Law of the Republic of Belarus "About the State committee of judicial examinations of the Republic of Belarus";

the public prosecutor's employees, employees of the State Control Committee and its territorial authorities which are performing and (or) directly providing control activities according to the list determined by the Chairman of the State Control Committee in coordination with the President of the Republic of Belarus (further – employees of the State Control Committee and its territorial authorities according to the list), and (or) to their beneficiaries according to article 66 of the Law of the Republic of Belarus "About prosecutor's office of the Republic of Belarus", article 22 of the Law of the Republic of Belarus "About the State Control Committee of the Republic of Belarus and its territorial authorities";

employees of bodies and divisions on emergency situations and (or) their beneficiaries according to article 31 of the Law of the Republic of Belarus "About bodies and divisions for emergency situations of the Republic of Belarus";

officials of tax authorities according to appendix and (or) to their beneficiaries according to article 109 of the Tax Code of the Republic of Belarus;

officials of customs authorities and (or) to their beneficiaries according to article 245 of the Law of the Republic of Belarus "About customs regulation in the Republic of Belarus";

employees of foreign institutions and members of their families and (or) to their beneficiaries according to Items 60 and 64 of the Regulations on diplomatic service of the Republic of Belarus and article 15 of the Law of the Republic of Belarus of January 4, 2010 No. 100-Z "About the status of the military personnel".

For the purposes of calculation of insurance payments to employees of foreign institutions and to members of their families taking into account length-of-service allowances are equated to salary of monetary pay of the military personnel:

official pay rate of the diplomatic employee of foreign institution in Belarusian rubles on the equated diplomatic position in the Ministry of Foreign Affairs taking into account allowances for the appropriated diplomatic rank or class of the government civil servant, length of service, special conditions of public service;

salary of the worker of administrative technicians of foreign institution in Belarusian rubles on the equated employee's position in the Ministry of Foreign Affairs taking into account the allowances established by the legislation.

5. Insurance payment is made if the insured event attacked during the period from the date of acceptance service (work) to the corresponding position of insured person and about day of its dismissal, and also within one year after dismissal of insured person if damnification of his life, to health and (or) property (insured person and (or) close (family members) came owing to criminal infringement of his life or health in connection with implementation of office activities by it, in connection with execution of service duties or owing to acceptance by it of measures for prevention (suppression) of crime, administrative offense, liquidation of emergency situations in connection with implementation of the office activities, previous before dismissal, with execution of service duties.

6. Cases do not belong to insured events and insurance payment is not made if death (death) of insured person, damnification to health and (or) destruction and (or) damage of property of insured person came owing to:

violations by it of safety regulations, fire safety, traffic, and also crime execution or administrative offense;

its intentional actions, except for the actions directed to protection of interests of the personality, society and state, and also made in condition of emergency and for the purpose of self-defense;

its suicides if the specified actions were not caused by disease state of insured person or finishing it before suicide and are not in causal relationship with implementation of office activities, execution of service duties;

alcoholic, drug or toxic intoxication of the insured person which voluntarily brought itself to such state.

7. Insurance payment is determined:

7.1. for employees, and also the government civil servants of the Investigative Committee performing the powers provided by the procedural legislation, the employees and faces of civil personnel from among court experts of the State committee of judicial examinations, the staff of law-enforcement bodies, employees of bodies and divisions on emergency situations, employees of bodies of financial investigations of the State Control Committee proceeding from:

the size of salary of monetary pay and length-of-service allowance (salary) established according to the legislation on the date of loss occurrence;

the basic size established on the date of loss occurrence;

7.1-1. for officials of customs authorities proceeding from:

the size of official pay rate, the allowance for personal rank and length-of-service allowances established according to the legislation on the date of loss occurrence;

the basic size established on the date of loss occurrence;

7.2. for public prosecutor's employees, employees of the State Control Committee and its territorial authorities according to the list, officials of tax authorities according to appendix proceeding from:

the salary size (cash allowance) established according to the legislation on the date of loss occurrence;

the basic size established on the date of loss occurrence;

7.3. for diplomatic workers proceeding from:

official pay rate in Belarusian rubles on the equated diplomatic position in the Ministry of Foreign Affairs taking into account allowances for the appropriated diplomatic rank or class of the government civil servant, length of service, special conditions of public service on the date of loss occurrence;

the basic size established on the date of loss occurrence;

7.4. for workers of administrative technicians of foreign institutions proceeding from:

salary in Belarusian rubles on the equated employee's position in the Ministry of Foreign Affairs taking into account the allowances established by the legislation on the date of loss occurrence;

the basic size established on the date of loss occurrence;

7.5. for members of families of employees of foreign institutions proceeding from the payments provided in subitems 7.3 and 7.4 of this Item for employees of foreign institutions.

In case of loss occurrence within one year after dismissal of insured person insurance payment for the staff of the Investigative Committee, employees and faces of civil personnel from among court experts of the State committee of judicial examinations, the staff of law-enforcement bodies, employees of bodies and divisions on emergency situations, employees of bodies of financial investigations of the State Control Committee is determined proceeding from the size of salary of monetary pay and length-of-service allowance (salary), for public prosecutor's employees, employees of the State Control Committee and its territorial authorities according to the list, officials of tax authorities according to appendix – proceeding from the salary size (cash allowance), for officials of customs authorities – proceeding from the size of official pay rate, salary by personal rank and length-of-service allowances, acting on the date of approach of insurance event.

In case of loss occurrence within one year after the termination of implementation by employees of foreign institution of office activities (execution of service duties) in the territory of foreign state insurance payment is determined proceeding from official pay rate (salary) in Belarusian rubles by the equated diplomatic position (the employee's position) in the Ministry of Foreign Affairs which was held earlier by the worker, taking into account the allowances established by the legislation including to diplomatic workers, for the appropriated diplomatic rank or class of the government civil servant, length of service, the special conditions of public service operating on the date of loss occurrence.

In case of destruction or damage of the property belonging to insured person and (or) his relatives (members of his family) owing to criminal infringement of his life or health in connection with implementation of office activities by it (execution of service duties) or owing to acceptance of measures for prevention (suppression) of crime, administrative offense by it, insurance payment is made in the amount of damage suffered, but not over actual value of the destroyed or damaged property.

8. The cause of death and severity of the received bodily harm of insured person are determined by the State committee of judicial examinations on a grant basis according to the procedure, established for determination of severity of bodily harms when conducting forensic medical examination.

Establishment of group and the reason of disability, date of approach and term of disability of insured person (except for employees of foreign institutions and members of their families) is made by medico-rehabilitation commissions of experts.

Establishment of causal relationship of death (death), bodily harms (wound, contusion, injury, mutilation) with implementation of office activities, execution of service duties of insured person (except for employees of foreign institutions and members of their families) is carried out by the regular Central military-medical commission, the military-medical commissions.

In case of impossibility of departure of insured person from number of persons employed of foreign institutions and members of their families from the state of stay severity of the received bodily harm is determined by the State committee of judicial examinations based on the medical and other documents submitted by foreign institution containing exhaustive data on nature of damages and their clinical current, and also other data necessary for determination of severity of the received bodily harms which shall be followed by the translation into the Russian (Belarusian) language certified by the head of foreign institution.

Determination of group of disability and establishment of causal relationship of death (death), bodily harms (wound, contusion, injury, mutilation) with implementation of office activities, execution of service duties by employees of foreign institutions, and also determination of group of disability and establishment of causal relationship of death (death) of members of families of employees of foreign institutions, the bodily harm sustained them or other damnification to health with criminal infringement of life and health or emergency situation during their stay in the territory of foreign state are performed by medico-rehabilitation commissions of experts in place of registration of the employee of foreign institution and the member of his family according to the procedure, established by the legislation.

9. For receipt of insurance payments insured person (beneficiary) represents to the insurer in the place of the residence:

statement of insured person (beneficiary);

identity document of insured person (beneficiary);

copies of death certificates and about the right to inheritance – in case of death (death) of insured person;

copy of the resolution of criminal prosecution authority or sentence (resolution) of court;

the documents confirming actual value of property – in case of property tort.

In case of loss occurrence, the Item provided in subitem 3.4 3 this provision, for receipt of insurance payment are submitted the documents confirming the status of close (family members) of insured person.

10. Other data and (or) documents necessary for decision making on purpose of insurance payments, the insurer will independently request state bodies and other organizations, at the same time state bodies and other organizations shall according to its requirement provide the information and (or) documents, including:

the conclusion by results of functional audit check approved by the head (chief) of the Investigative Committee, management of the Investigative Committee on the area Minsk), district (interdistrict), city, district department of the Investigative Committee in the city, organization of formation of the Investigative Committee, the State committee of judicial examinations, management of the State committee of judicial examinations on area, Minsk, district (interdistrict), city, district (interdistrict) department of the State committee of judicial examinations in Minsk, law-enforcement bodies, on emergency situations, bodies of the State Control Committee, prosecutor's office, customs authorities, the Ministry of Taxes and Tax Collection, inspectorates of the Ministry of Taxes and Tax Collection for areas Minsk), about circumstances of loss occurrence;

the certificate of the sizes of salary of monetary pay and length-of-service allowance of insured person (for public prosecutor's employees, employees of the State Control Committee and its territorial authorities according to the list, the government civil servants of the Investigative Committee performing the powers provided by the procedural legislation, faces of civil personnel from among court experts of the State committee of judicial examinations, officials of tax authorities according to appendix – about the salary size (cash allowance), for officials of customs authorities – about the size of official pay rate, the allowance for personal rank and length-of-service allowances) on the date of loss occurrence;

the certificate of the sizes of salary of monetary pay and length-of-service allowance of insured person (for public prosecutor's employees, employees of the State Control Committee and its territorial authorities according to the list, the government civil servants of the Investigative Committee performing the powers provided by the procedural legislation, faces of civil personnel from among court experts of the State committee of judicial examinations, officials of tax authorities according to appendix – about the salary size (cash allowance), for officials of customs authorities – about the size of official pay rate, the allowance for personal rank and length-of-service allowances) operating on the date of approach of insurance event if the insured event occurred within one year after dismissal;

the statement (copy) from medical documents of the regular Central military-medical commission, the military-medical commissions on causal relationship of death (death) with execution of service duties, implementation of office activities – in case of death (death) of insured person;

the statement (copy) from medical documents of the regular Central military-medical commission, the military-medical commissions on causal relationship of bodily harms (wound, contusion, injury, mutilation) with execution of service duties, implementation of office activities, the conclusion of the State committee of judicial examinations about severity of bodily harm – in case of causing to insured person of bodily harms;

the conclusion (copy) or the statement from medical documents of medico-rehabilitation commission of experts on group and the reason of disability, date of approach and term of disability – in case of establishment to insured person of disability;

the copy of the order on the termination of the office activities of insured person, previous before dismissal, if the insured event came within one year after dismissal of this person;

the statement from the order of the Ministry of Foreign Affairs on appointment of the employee of foreign institution;

the statement from the order of the Ministry of Foreign Affairs on dismissal of the employee of foreign institution if the insured event came within one year after the termination of implementation by the employee of foreign institution of office activities (execution of service duties) in the territory of foreign state;

the conclusion of medico-rehabilitation commission of experts providing determination of group of disability and establishment of causal relationship of death (death), bodily harms (wound, contusion, injury, mutilation) with implementation of office activities, execution of service duties by employees of foreign institutions, or criminal infringement of life and health of members of the family of employees of foreign institutions, or emergency situation during their stay in the territory of foreign state;

the medical certificate which is drawn up by medical institution of the state of stay which shall be followed by the translation into the Russian (Belarusian) language certified by the head of foreign institution and the conclusion about severity of bodily harm issued by the State committee of judicial examinations (medical institution of the state of stay), and also if necessary the statement (copy) from medical documents which shall be followed by the translation into the Russian (Belarusian) language certified by the head of foreign institution;

the certificate of the size of official pay rate in Belarusian rubles on the equated diplomatic position in the Ministry of Foreign Affairs taking into account allowances for the appropriated diplomatic rank or class of the government civil servant, length of service, special conditions of public service for the diplomatic worker on the date of loss occurrence;

the certificate of the salary size in Belarusian rubles on the equated employee's position in the Ministry of Foreign Affairs taking into account the allowances established by the legislation for the worker of administrative technicians on the date of loss occurrence;

the certificate of the size of official pay rate in Belarusian rubles on the equated diplomatic position in the Ministry of Foreign Affairs which was held earlier by the diplomatic worker, taking into account allowances for the appropriated diplomatic rank or class of the government civil servant, length of service, the special conditions of public service operating on the date of approach of insurance event if the insured event occurred within one year after the termination of implementation by the employee of foreign institution of office activities (execution of service duties) in the territory of foreign state;

the certificate of the salary size in Belarusian rubles on the equated employee's position in the Ministry of Foreign Affairs which was held earlier by the worker of administrative technicians, taking into account the allowances established by the legislation on the date of approach of insurance event if the insured event occurred within one year after the termination of implementation by the employee of foreign institution of office activities (execution of service duties) in the territory of foreign state.

11. In the absence of documents on recognition of event insured event or the documents confirming cause and effect relationship of insured event with effects of its approach, issues of purpose of insurance payment are resolved judicially.

12. The insurer after obtaining on specific insured event of all necessary documents within 5 working days makes the decision on insurance payment according to the procedure, established by this Provision, or on refusal in insurance payment. In case of decision making about refusal in insurance payment to insured person (beneficiary) within 5 days from acceptance date of this decision the written message with motivation of refusal goes.

13. The insurer in case of decision making about insurance payment to insured person (beneficiary) constitutes calculation of insurance premium (taking into account actual expenses of the insurer) and sends accounts about the added amounts of insurance payments and expenses of the insurer on settlement of insured event to the insurer for payment of insurance premium by it to the insurer.

14. Transfer to the insurer of the insurance premiums including expense amount of the insurer on settlement of insured event in the amount of 6 percent of the amount of insurance payment is made at the expense of means republican or the local budgets provided on content of state bodies, state-financed organizations.

15. Collection of paid amounts from the faces guilty of damnification of life, to health, property of insured person and (or) his relatives (members of his family), beneficiaries, is made in the procedure established by the legislation.

16. Payment of insurance sum (the amounts of insurance coverage) is made by the insurer to insured person (beneficiary) by money transfer on its bank account or by transfer by mail during 5 banking days from the date of obtaining by the insurer of the insurance premiums including expense amounts of the insurer on settlement of insured event.

17. Payment of insurance sum to employees of foreign institutions and to members of their families and (or) their beneficiaries on the same insured event is made less the insurance sums which are earlier received by them.

Appendix

to Regulations on compulsory national insurance

The officials of tax authorities who are performing and (or) directly providing control activities, subject to compulsory national insurance

Chiefs of inspectorates of the Ministry of Taxes and Tax Collection for areas Minsk), areas, the cities and areas in the cities and their deputies supervising control activities.

Heads, their deputies, consultants, the main state inspectors of taxes, the chief state inspectors of taxes, the state inspectors of taxes, the leading reviewers, assistants of divisions of examination, divisions of operational actions and cameral control of the Ministry of Taxes and Tax Collection, inspectorates of the Ministry of Taxes and Tax Collection for areas Minsk), areas, the cities and areas in the cities.

 

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