Licensing (obtaining a license) in Belarus

1. The right to obtain a license
2. License validity
3. Activities that require a license

Certain types of activities in the Republic of Belarus are subject to licensing. This is stipulated by the Decree of the President of the Republic of Belarus "On licensing of certain types of activities" dated September 01, 2010 No. 450 (hereinafter referred to as the Decree). A person who has a special permit is called a licensee. According to the above-mentioned Decree: License is a special permit to carry out a type of activity with mandatory compliance with licensing requirements and conditions, issued by the licensing authority to the license applicant. Conducting activities that are subject to licensing without a license is illegal. Business entities should pay attention to the responsibility for conducting activities without a license. Thus, a legal entity can be liquidated by a decision of a state body, and the activity of an individual entrepreneur is terminated. The income received as a result of activities without a license is sent to the budget.

The right to obtain a license

Legal entities, individual entrepreneurs and individuals, including foreign legal entities and foreign organizations registered in the Republic of Belarus, have the right to obtain a license. A state fee is charged for the issuance, introduction of amendments and additions, extension of the term, renewal of the license, as well as the issuance of its duplicate. The decision to issue or refuse to issue a license is issued by an order (decision) of the licensing authority. The decision taken by the licensing authority may be appealed in court. To do this, the applicant is given only a month from the date of the decision, and if a written notification is provided by the licensing authority within a month from the date of receipt of such notification by the license applicant.

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Licensing

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License validity

The licensee has the right to carry out licensed activities from the date of receipt of the license. The validity period of the license is usually indefinite, unless otherwise established by legislative acts. The license validity period can be extended indefinitely. It is worth paying attention to the terms at the end of the license. Thus, the authorized representative is obliged to submit an application for extension of this period to the licensing authority no later than one month and no earlier than three months before the expiration of the license, as well as attach a document on payment of the state fee. In case of violation of these terms, the licensing authority refuses to accept the application, which will entail the preparation of documents for obtaining a license again. Within 10 working days, the licensing authority decides to extend the validity of the license. Upon receipt of a license on a new form, the licensee is obliged to hand over the old original to the licensing authority.

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Activities for which a license is required

The license specifies the work and (or) services performed. The list of necessary documents for obtaining a license is set out in chapter 2 of the Decree. This document establishes that it is prohibited to require documents and information from the applicant that are not provided for by the provision approved by the Decree. Notarized copies are not required if the documents are submitted in the original. Submitted documents are accepted according to the inventory with the date of receipt of documents. A copy of the inventory is handed to the applicant. An authorized person may represent the interests of the applicant by proxy or on the basis of constituent documents. The license application must be reviewed by the licensing authority within 15 (fifteen) working days from the date of receipt of documents from the authorized person. If it is necessary to conduct an assessment and examination, the term can be extended to 10 (ten) working days. In case of loss of the license, the licensee may be issued a duplicate. It is issued within 3 (three) working days from the date of submission of all necessary documents. During the period of loss of the duplicate and until the moment of its issuance, the license is not suspended.

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