DECREE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS

of July 14, 2003 No. 17

About licensing of separate types of activity

For the purpose of enhancement of state regulation of separate types of activity and according to part three of article 101 of the Constitution of the Republic of Belarus I decide:

1. For the benefit of homeland security, public order, protection of the rights and freedoms, morality, health of the population, environmental protection the right to implementation by legal entities and physical persons of the separate types of activity determined by this Decree can be realized after receipt in accordance with the established procedure of special permissions (licenses).

2. Approve enclosed:

Regulations on licensing of separate types of activity;

the list of types of activity on which implementation special permissions (licenses), and the state bodies and the state organizations authorized on their issue are required.

3. Determine that:

3.1. the types of activity connected with specific goods (works, services) on which implementation special permissions (licenses) are required and procedure for their licensing are determined by the President of the Republic of Belarus;

3.2. the state bodies and the state organizations authorized on issue of special permissions (licenses) since November 1, 2003 issue to legal entities and individual entrepreneurs, and also the physical persons performing lawyer and private notarial activities, special permissions (licenses) for types of activity according to the list of types of activity on which implementation special permissions (licenses), and the state bodies and the state organizations authorized on their issue, Regulations on licensing of separate types of activity, approved by this Decree are required;

3.3. special permissions (licenses) issued before entry into force of this Decree which effective period expires till November 1, 2003 are valid till May 1, 2004;

3.4. special permissions (licenses) in which modification and (or) amendments according to this Decree is not required are valid during the term for which they are issued;

3.4-1. special permissions (licenses) for implementation of separate types of activity issued to legal entities and individual entrepreneurs till November 1, 2003 whose effective period expires after April 30, 2004 and which issue according to this Decree is performed by the Ministry of Architecture, the Ministry of Emergency Situations (except for special permissions (licenses) for implementation of activities for ensuring fire safety) the Minsk Gorispolkom, city (including in the cities with district division) and district executive committees, are valid till January 1, 2005;

3.5. special permissions (licenses) for the types of activity which are not subject to licensing according to this Decree are valid till May 1, 2004;

3.6. issue of special permissions (licenses) for separate types of activity by the state bodies and the state organizations authorized on that stops (is resumed) according to the decision of the President of the Republic of Belarus;

3.7. the individual entrepreneurs performing activities based on special permissions (licenses) and attracting over three physical persons to implementation of business activity, having the right to create the commercial organization and to address for receipt of special permission (license) till May 1, 2004;

the individual entrepreneurs performing retail trade in the markets shall get special permissions (licenses) for retail trade (including alcoholic beverages and tobacco products) and public catering till January 1, 2005;

3.8. implementation without special permissions (licenses) of types of activity according to the list of types of activity on which implementation special permissions (licenses) are required and the state bodies and the state organizations authorized on their issue, the approved this Decree, is illegal since May 1, 2004, and in the cases provided in subitem 3.4-1 and the paragraph the second subitem 3.7 of this Item - since January 1, 2005;

3.9. in case of discrepancy of regulations of this Decree with other legal acts regulating implementation of separate types of activity based on special permissions (licenses) regulations of this Decree are applied if other is not established by this Decree;

3.10. officials of state bodies and state organizations, authorized to perform issue of special permissions (licenses), for violation of requirements of this Decree are brought in accordance with the established procedure to disciplinary, administrative or criminal responsibility.

4. To Council of Ministers of the Republic of Belarus:

4.1. till September 15, 2003 to introduce to the President of the Republic of Belarus the draft of regulatory legal act about procedure for licensing of the types of activity connected with specific goods (works, services);

4.2. till November 1, 2003 to provide reduction of acts of the legislation in compliance with this Decree and to take other measures for its realization;

4.3. explain questions of observance of procedure and conditions of licensing of the separate types of activity determined by this Decree.

5. To local executive and administrative organs till November 1, 2003 to bring the decisions into accord with this Decree.

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