PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of November 26, 2015 No. 475

About modification and amendments in presidential decrees of the Republic of Belarus

1. Make changes and additions to the following presidential decrees of the Republic of Belarus:

1.1. in the Presidential decree of the Republic of Belarus of October 16, 2009 No. 510 "About enhancement of control (supervising) activities in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 253, 1/11062; National legal Internet portal of the Republic of Belarus, 31.07.2012, 1/13654):

the fourteenth the columns "Sphere of Control (Supervision)" of Item 24 of the list of the controlling (supervising) bodies and spheres of their control (supervising) activities approved by this Decree to state the paragraph in the following edition:

"control of development and production of forms of securities and documents with certain degree of protection, and also documents with certain degree of protection and special materials for protection them from counterfeit";

the paragraph one of the column "Criteria of Reference of the Checked Subject to Risk Group for Purpose of Scheduled Inspections" of Item of 17 criteria of reference of the checked subjects to risk group for purpose of the scheduled inspections approved by this Decree to state in the following edition:

"implementation of activities for development and production of forms of securities and documents with certain degree of protection, and also documents with certain degree of protection and special materials for protection them from counterfeit";

1.2. in Regulations on the licensing of separate types of activity approved by the Presidential decree of the Republic of Belarus of September 1, 2010 No. 450 "About licensing of separate types of activity" (The national register of legal acts of the Republic of Belarus, 2010, No. 212, 1/11914; 2012, No. 69, 1/13557; No. 72, 1/13579; National legal Internet portal of the Republic of Belarus, 15.12. 2012, 1/13939; 10:01. 2013, 1/13981; 09:07. 2013, 1/14368; 10:10. 2013, 1/14560; 29.11. 2013, 1/14639; 05:09. 2014, 1/15258):

in Item 1:

the fifth after words "state bodies" to add the paragraph with the word "(organizations)";

add Item with part two of the following content:

"Types of activity which implementation can create threat of causing damage to the interests specified in part one of this Item and which regulation cannot be provided with other methods, except as licensing belong to licensed.";

in Item 2:

third to add the paragraph with the offer of the following content: "Requirements about compliance with law in the corresponding field of activity in general, requirements of the legislation which observance is obligation of any subject of managing, the requirement to the specific types and amount issued or planned to production and also requirements to amount of the performed works, the rendered services cannot be carried to licensed requirements and conditions;";

from the paragraph of the fourth word", prolongation of effective period of licenses" to exclude;

after the paragraph of the sixth to add Item with the paragraph of the following content:

"separate division - branch and (or) other separate division of the legal entity located out of the location of the legal entity which status is determined by the legislation, constituent or other organizational and administrative documents of this legal entity;";

the seventh or ninth to consider paragraphs respectively paragraphs the eighth or tenth;

after the paragraph eight add Item with the paragraph of the following content:

"the written notice of the license applicant (licensee) of the made decision concerning licensing - delivery by the licensing body to the license applicant (licensee) or his authorized representative under list or the direction to the license applicant (licensee) by mail the registered mail with the custom notification on obtaining or by e-mail in the form of the electronic document of the notification on the made decision concerning licensing;";

paragraphs nine and ten consider as paragraphs ten and eleven respectively;

word in paragraph ten "prolongation of effective period of licenses, the termination of their action," shall be replaced with words "cancellation";

after the paragraph of the tenth to add Item with paragraphs of the following content:

"the decision concerning licensing - the decision of the licensing body on issue (refusal in issue) the license, introduction (refusal in introduction) in it changes and (or) amendments, suspension, renewal, cancellation, cancellation of the license;

the data necessary (important) for decision making about licensing, entering into the license of changes and (or) amendments, - data on compliance of the license applicant (licensee) to the established licensed requirements and conditions;";

the eleventh to consider the paragraph the paragraph the thirteenth;

Item in paragraph three 3, the paragraph the fourth Item 23, Items 28, of 78, of 188, the paragraph the second subitem 273.2 and the paragraph the second subitem 273.3 of Item 273 of the word "separate division, including branch" shall be replaced with words "separate division" in the corresponding case and number;

from Item 5 of the word"," to exclude prolongation of effective period of the license (except as specified its prolongation in case of renewal of action of the license in connection with recognition by court of the decision on suspension, cancellation or cancellation of the license passed by the licensing body illegal);

in part two of Item 7 of the word "about issue (refusal in issue) licenses, introduction in it of changes and (or) amendments, suspension, renewal, prolongation of effective period of the license, the termination of its action, cancellation of the license (further-decisions concerning licensing)" shall be replaced with words "concerning licensing";

add Item 8 with part two of the following content:

"In case of the direction to the license applicant (licensee) of the notification on the made decision concerning licensing by mail or in the form of the electronic document such notification goes respectively on the last known licensing body to the postal address, the location address (to registration at the place of residence) or to the last e-mail address of the license applicant (licensee) known to the licensing body and it is considered the received license applicant (licensee) after 3 working days from the date of the direction of this notification.";

in Item 9:

words of "receipt of the license, prolongation of term of its action" shall be replaced with words "receipts of the license (its duplicate)";

after the words "and (or) amendments" to add Item with words ", about the termination of implementation of the licensed type of activity";

add the Provision with Items 10-1 and 13-1 of the following content:

"10-1. The statement (with the documents attached to it according to this Provision) about licensing, receipt of the duplicate of the license, entering into the license of changes and (or) amendments, and also the notification on adoption by the licensee of the decision on the termination of implementation of the licensed type of activity are represented to the licensing body personally by the license applicant (licensee) or his authorized representative or go the license applicant (licensee) by mail the registered mail with the custom notification on obtaining or in the form of the electronic document.

Personal submission of the documents specified in part one of this Item is performed by the license applicant (licensee) or his authorized representative with simultaneous presentation:

the identity document, and the document confirming powers of the head of the legal entity (the order on position assignment of the head, or the statement from the decision of general meeting, board or other governing body of the legal entity, either the employment contract (contract), or the civil agreement), - the head of the legal entity;

the identity document, and the power of attorney issued by the foreign organization - the head of representative office of the foreign organization;

the identity document, - the physical person petitioning for provision to it the occupation rights the lawyer activities or activities connected with collecting and exhibiting of weapon and ammunition, the individual entrepreneur;

the identity document, and the power of attorney - the authorized representative of the license applicant (licensee).

The direction of the documents specified in part one of this Item by mail or in the form of the electronic document is performed by the license applicant (licensee) with appendix to them:

for the legal entity - the information about the head of the legal entity (surname, own name, middle name (in case of its availability), data of the identity document (series (in the presence), number when also by whom it is issued, registration at the place of residence), and also the document (its copy) confirming it powers (the order on position assignment of the head, or the statement from the decision of general meeting, board or other governing body of the legal entity, either the employment contract (contract), or the civil agreement);

for the foreign organization - the information about the head of representative office of the foreign organization (surname, own name, middle name (if that is available), data of the identity document (series (in the presence), number when also by whom it is issued, registration at the place of residence, the place of the actual temporary stay), and also powers of attorney (its copy) issued to it by the foreign organization.";

"13-1. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Provision then are applied rules of the international treaty.";

in Item 15:

in subitem 15.1 part one:

in the paragraph the second words of "separate divisions, including branches", "separate divisions, including branches" and "separate division, including branch" to replace respectively with words of "separate divisions", "separate divisions" and "separate division";

in paragraph three the word "middle names" shall be replaced with words "middle names (if that is available)";

after the paragraph of the fourth to add part with paragraphs of the following content:

"dates of state registration and registration number of the license applicant - the legal entity, the individual entrepreneur in the Single state register of legal entities and individual entrepreneurs, names of registering body;

the postal address, contact phone number, the e-mail address (in case of its availability) the license applicant;";

to consider paragraphs of the fifth or eighth respectively paragraphs the seventh or tenth;

exclude subitem 15.2;

exclude Item 16;

second and third Item 18 after the word "documents" to add parts with the word of "(data)";

state Item 19 in the following edition:

"19. If this Provision does not provide other, the notarial attestation is not required:

the documents submitted to the licensing body of copies if such copies are provided along with presentation of originals of documents or notarially attested copies;

the documents sent to the licensing body in the form of the electronic document.";

state Item 21 in the following edition:

"21. The documents submitted for receipt of the license are accepted according to the inventory which copy with mark about date of acceptance of these documents:

in case of personal submission of such documents - in day of acceptance it is handed under list to the license applicant or his authorized representative;

in case of submission of such documents by mail or in the form of the electronic document - no later than 3 working days following behind day of receipt them in the licensing body goes to the license applicant by mail the registered mail with the custom notification on obtaining or by e-mail in the form of the electronic document.

In case of specifying in the statement for licensing not of all data listed in subitem 15.1 of Item 15 of this provision, or submission not of all documents provided by this Provision or non-presentations (non-presentation) of the relevant document specified in part two of Item 10-1 of this provision, the licensing body refuses acceptance of this statement to consideration. Motivated refusal in reception of an application about licensing to consideration:

in case of personal submission of such statement - in day of giving it is handed together with this statement and documents attached to it to the license applicant or his authorized representative under list;

in case of submission of such statement by mail - no later than 3 working days following behind day of receipt it in the licensing body goes together with this statement and documents attached to it to the license applicant by mail the registered mail with the custom notification on obtaining;

in case of submission of such statement in the form of the electronic document - no later than 3 working days following behind day of receipt it in the licensing body goes to the license applicant to the e-mail address in the form of the electronic document.";

in Item 24 part one:

add paragraph two with words ", necessary (important) for decision making about licensing";

after the paragraph of the fifth to add part with the paragraph of the following content:

"finding of the license applicant in the course of liquidation (the activities termination), acceptance by court concerning the license applicant of the decision on bankruptcy with liquidation of the debtor - the legal entity (the termination of activities of the debtor - the individual entrepreneur);";

the sixth or ninth to consider paragraphs respectively paragraphs the seventh or tenth;

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