Law No. 213-Z “On licensing”.
Country
Type of law
Legislation
Abstract
This Law regulates relations in the sphere of licensing, defines the list of licensed types of activities, and establishes the procedure for their licensing. Licensing is carried out in order to ensure the protection of state and public interests, life, health, rights and legitimate interests of citizens, and the environment. Licensing is carried out in relation to types of activities: (a) that pose an increased danger to the life and health of citizens; (b) that are associated with a high risk of violating state and public interests, rights and legitimate interests of citizens; (c) that pose an increased danger to the environment; and (d) the licensing of which is provided for by international treaties of the Republic of Belarus and other international legal acts containing obligations of the Republic of Belarus. It aims to enhance the legal framework related to licensing, ensuring compliance with both national laws and international agreements. It emphasizes the need for compliance with licensing requirements and the establishment of a clear procedure for issuing, amending, and revoking licenses related to electronic documentation. Licensing is carried out on the principles of: (a) priority of protecting state and public interests, life, health, rights and legitimate interests of citizens, the environment; (b) equality of rights of license applicants and licensees; (c) prohibition of the use of licensing of types of activity to restrict competition; (d) definition of the list of licensed types of activity, the list of works and (or) services that constitute the licensed type of activity and compliance with the licensing criteria; (e) definition of an exhaustive list of pre-licensing and licensing requirements taking into account their reasonableness, proportionality and economic feasibility; (f) independence of licensing authorities in making decisions on licensing issues, including in the process of monitoring the compliance by licensees with licensing legislation, including licensing requirements; (g) inadmissibility of suspension and termination of a license for minor violations and formal offenses; (h) inadmissibility of charging license applicants and licensees a fee for licensing, with the exception of payment of the state fee in the manner and amounts established by legislative acts, as well as a fee under an agreement on conducting an expert assessment of the compliance of the capabilities of the license applicant with pre-licensing requirements, and of the licensee with licensing requirements; (i) maximum use of information technology in the process of interaction between licensing authorities, license applicants and licensees; and (j) openness and accessibility of information on the licensing procedure, as well as on licensees. Additionally, it highlights the importance of ensuring that the legal framework aligns with international standards, particularly in the context of electronic signatures and document authenticity. The implementation plan involves the Ministry of Justice overseeing the licensing process, including the evaluation of compliance with pre-licensing requirements. The document specifies that the Ministry will establish procedures for the issuance and management of licenses, ensuring transparency and accountability. Secondary themes include the necessity for stakeholder engagement in the legislative process and the importance of adhering to procedural norms to facilitate effective enforcement of the new regulations. The document underscores the role of various governmental bodies in supporting the transition to a more digitized legal environment.
Attached files
Web site
Date of text
Entry into force notes
This Law enters into force in the following order: Articles 1–313 and 315 – from January 1, 2023; other provisions – after the official publication of this Law.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
ЗАКОН РЕСПУБЛИКИ БЕЛАРУСЬ 14 октября 2022 г. № 213-З О лицензировании.