New licensing rules in Belarus

From 1 October 2019 a set of amendments to licensing rules apply in Belarus

From now on, minor or formal violations cannot be grounds for suspension or termination of a licence.

As before, if the licensing authority detects violations of licensing requirements, it issues an order to eliminate them within a set period (no more than 6 months). However, from 1 October 2019 only in cases of gross violations has it the right to suspend a licence. At the same time, gross violations are those specified for the particular type of activity to be licensed and that cause or may cause harm to public or state interests, the environment, life, health, the rights and interests of citizens and legal entities, as well as violation of special licensing requirements, which are also laid down for each type of licensing activity. The violation should still exist by the time of its detection or inspection.

Thus, if violations of licensing requirements have not been eliminated by the set deadline or written notification of elimination has not been received by the licensing authority, the licence could be suspended (for up to 6 months).

If the licensing authorities detect the same violation during the 12 months following the notice to eliminate the last one, the new rules entitle them to decide what measure should be applied: either issuance of an order to eliminate a violation, or suspension of licence or termination of licence.

The following may lead to termination of the licence:
– failure to eliminate a violation that led to licence suspension;
– failure to notify the licensing authority of elimination of that violation;
– continuing to carry out the licenced activity if the licence has been suspended.
For comparison, previously, a licence could be terminated even in the case of a single gross violation. The new rules provide such an opportunity only for an exhaustive list of cases specified for certain types of activity.

The new rules also abolish the need to license some types of activity, for instance:
– protection by a legal entity of its employees and property;
– TV relaying;
– storing precious metals and stones.

The Electronic register of licences containing information on all issued licenses is envisaged to be accessible for users from 1 July 2020. It will allow businesses and state authorities to confirm or verify the validity of licences.

Source: National legal internet portal of the Republic of Belarus (NLIP) 04.09.2019, 1/18545


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