In accordance with article 13 of the Constitution of the Republic of Belarus “The State shall grant equal rights to all to conduct economic and other activities other than those prohibited by law…”. One of the forms of state regulations of entrepreneurial activity is licensing.
Main acts of legislation of the Republic of Belarus regulating the licensing issues are the following:
1. Civil Code of the Republic of Belarus of December 7, 1998 (hereinafter - CC);
2. Edict of the President of the Republic of Belarus of September 1, 2010 No. 450 “On Licensing of Some Kinds of Activity”
Besides the above-mentioned legal acts there are several dozens of legal acts setting forth peculiarities of issuing licenses for certain kinds of activity.
Licenses are special permits issued by the state to the economic entities in order they can carry out some kinds of activity that can damage the interests of the Republic of Belarus, environment or endanger human health.
A license is an administrative act of an authorized state agency or local body that is issued for a certain term and for a certain kind of activity.
Issue of licenses to economic entities regardless of their ownership to carry out the activity subject to licensing is carried out by the ministries, state committees and departments as well as executive committees of local Council of Deputies at the place of the entities’ registration. When the economic entity is registered abroad, the license is issued by the executive committee of the Council of Deputies at the place where the entity carries out this kind of activity or by the ministry, state committee or department. The procedure of licensing is provided by the Regulations on Licensing of Some Kinds of Activity.
When economic entity violates the special terms and rules for carrying the activity mentioned in the license, the issuing authority, based on the recommendation of relevant controlling bodies, motivated complaints of other legal persons or citizens, or based on the results of the inspections made by this authority, can suspend the validity of the license till the violations are eliminated or to suspend it for indefinite period of time or to give an instruction to eliminate the violations without suspending the license.
In case of a repeat or serious violation of the rules for the licensed activity, the license may be cancelled by the decision of the issuing authority.
Besides, the issuing authority may deprive the economic entity of the license without any prior notice for violations of legislation or actions which result in a threat of emergencies, catastrophes, people life threat or threat to their health or other serious consequences. For violating the procedure for advertising of the licensed activity the license issued to the advertiser may be suspended or it can be revoked by the decision of the issuing authority or the Ministry of Economy of the Republic of Belarus.
When the economic entity is deprived of the right to enjoy the license, it returns the license to the issuing authority.