ДЕКРЕТ ПРЕЗИДЕНТА РЕСПУБЛИКИ БЕЛАРУСЬ

Decree of the President of the Republic of Belarus

February 24, 2012 No 3

[Amended as of January 24, 2014]

 

On certain issues of publication and entry into force of legal acts of the Republic of Belarus

With a view to improving the procedure of publication and entry into force of legal acts of the Republic of Belarus with the use of modern information technologies:

1. To establish that:

1.1. official publication of legal acts being included in the National Register of Legal Acts of the Republic of Belarus is bringing these legal acts to public knowledge through the placement of their texts, in full conformity to the signed originals, on the National Legal Internet Portal of the Republic of Belarus.

The date of official publication of a legal act being included in the National Register of Legal Acts of the Republic of Belarus is deemed to be the date of its placement on the National Legal Internet Portal of the Republic of Belarus;

1.2. legal acts included in the National Register of Legal Acts of the Republic of Belarus may be promulgated (published) in the following official periodical printed editions:

the Collection of legal acts "The National Register of Legal Acts of the Republic of Belarus";

the newspaper "Sovietskaia Belorussia" – decisions adopted by a republican referendum, decrees, edicts, executive orders of the President of the Republic of Belarus, interstate and intergovernmental treaties the consent of the Republic of Belarus to be bound by which was expressed in the form of an edict of the President of the Republic of Belarus or a resolution of the Council of Ministers of the Republic of Belarus, resolutions of the Plenum of the Supreme Court; 

the newspaper "Zwiazda" – laws of the Republic of Belarus, resolutions of the House of Representatives and of the Council of the Republic of the National Assembly of the Republic of Belarus, treaties the consent of the Republic of Belarus to be bound by which was expressed in the form of a law, conclusions and judgements of the Constitutional Court (in Belarusian);

the newspaper "Narodnaia Gazeta" – laws of the Republic of Belarus, resolutions of the House of Representatives and of the Council of the Republic of the National Assembly of the Republic of Belarus, treaties the consent of the Republic of Belarus to be bound by which was expressed in the form of a law, conclusions and judgements of the Constitutional Court (in Russian);

the newspaper "Respublika" – resolutions of the Council of Ministers of the Republic of Belarus, executive orders of the Prime Minister of the Republic of Belarus, normative legal acts of the National Bank, the Committee of State Control, the Investigative Committee, the State Committee of Forensic Examinations, the Administration of Affairs of the President of the Republic of Belarus, the National Academy of Sciences of Belarus, ministries and other republican bodies of state administration, treaties of the Republic of Belarus of an interdepartmental nature;

periodical printed editions determined in accordance with the legislation by regional and the Minsk city councils of deputies, by regional and the Minsk city executive committees, by local councils of deputies, by executive and administrative bodies of the base territorial level – normative legal acts of these bodies, decisions adopted by a regional, Minsk city, district-wide, city-wide (of cities subordinated to regions) referendum;

1.3. promulgation (publication) of legal acts, provided for by sub-clause 1.2 of this clause is unofficial.

The official publication of legal acts on the National Legal Internet Portal of the Republic of Belarus and promulgation (publication) of legal acts in the Collection of legal acts "The National Register of Legal Acts of the Republic of Belarus" are carried out in full conformity to the signed originals in the official language (languages) in which they are adopted (issued) and with regard to the requirements established by legislative acts.

Promulgation (publication) of legal acts in the editions specified in indents three – seven of sub-clause 1.2 of this clause must be carried out by means of a precise reproduction of texts of legal acts with indication of their mandatory requisites ( type of the act, its title, date of adoption (issue), registration number, official capacity, initials (initial of the first name) and name of the official (officials) who signed the legal act).

Promulgation (publication) of legal acts in the editions specified in indents two – seven of sub-clause 1.2 of this clause is allowed in an incomplete exposition with the notice "(Extracts)", with the exception of instances provided by part five of sub-clause 1.4 of this clause.

Publication of legal acts in the editions not specified in sub-clause 1.2 of this clause is carried out with observance of requirements set for the activity on dissemination (submission) of legal information, only after the official publication of respective legal acts and in conformity to officially published texts of these acts;

1.4. legal acts are forwarded for promulgation (publication) in the editions specified in indents three – six of sub-clause 1.2 of this clause by state bodies (officials)  submitting such acts to the National Center of Legal Information of the Republic of Belarus for inclusion in the National Register of Legal Acts of the Republic of Belarus in accordance with part two of clause 6 of the Regulations on the National Register of Legal Acts of the Republic of Belarus approved by the Edict of the President of the Republic of Belarus of July 20, 1998 No. 369, except for instances provided by parts two and five of this sub-clause.

Normative legal acts of the National Bank, the Committee of State Control, the Investigative Committee, the State Committee of Forensic Examinations, the Administration of Affairs of the President of the Republic of Belarus, the National Academy of Sciences of Belarus, ministries and other republican bodies of state administration, regional and the Minsk city councils of deputies, regional and the Minsk city executive committees, local councils of deputies, executive and administrative bodies of the base territorial level are forwarded for promulgation (publication) in official periodical printed editions by bodies which adopted them.

Forwarding of legal acts from promulgation (publication) in accordance with parts one and two of this sub-clause is carried out by state bodies (officials) within three days after the inclusion of these acts in the National Register of Legal Acts of the Republic of Belarus.

Legal acts arrived from state bodies (officials) must be made public (published) by the editions specified in indents three – seven of sub-clause 1.2 of this clause within a time-limit of not later than five working days from the day of their arrival, with the exception of decisions adopted by a republican referendum, laws of the Republic of Belarus and decrees of the President of the Republic of Belarus, which are subject to the immediate promulgation (publication) in the next issue of a respective edition.

Legal acts concerning rights, freedoms and duties of citizens, individual entrepreneurs and legal persons, forwarded by the President of the Republic of Belarus, by the Administration of the President of the Republic of Belarus, by norm-creating bodies (officials), which adopted (issued) them, with an instruction to make public (publish) in the editions specified in indents two – seven of sub-clause 1.2 of this clause must be made public (published) in these editions within the time-limits according to the instruction; 

1.5. official publication of normative legal acts of local councils of deputies, executive and administrative bodies of the base territorial level, of decisions adopted by a regional, Minsk city, district-wide, city-wide (of cities subordinated to regions) referendum is carried out by means of the reproduction of texts of these acts in full conformity to the signed originals in official periodical printed editions determined in accordance with the legislation by these councils of deputies, executive and administrative bodies, and/or on their decision by means of the reproduction of texts of normative legal acts in full conformity to the signed originals (as a copy of the original) on official sites of these state bodies in the global computer network Internet or on respective pages of official sites of superior state bodies (later on – internet sites).

Normative legal acts of local councils of deputies, executive and administrative bodies of the base territorial level are forwarded for official publication by bodies which adopted them, and decisions adopted by a city-wide (of cities subordinated to districts), settlement-wide, rural referendum – by respective local councils of deputies, within tree days after the adoption of these acts.

Normative legal acts received from the state bodies specified in part two of this sub-clause must be officially published by the respective editions within the time-limit of not later than 5 working days from the day of receipt of these acts.

Local councils of deputies, executive and administrative bodies of the base territorial level ensure the placement of normative acts adopted by them, and also of decisions adopted by a city-wide (of cities subordinated to districts), settlement-wide, rural referendum, on Internet sites within 5 days from the day of adoption of these acts, but not later than on the day preceding the day of their entry into force, in the instance when they took a decision about official publication of these acts on Internet sites. In this instance, information about the placement of the text of the normative legal acts on an Internet site is published in a respective issue of the official edition determined in accordance with the legislation by the local council of deputies or executive and administrative body.

The date of official publication of normative legal acts of local councils of deputies, executive and administrative bodies of the base territorial level, and also of decisions adopted by a city-wide (of cities subordinated to districts), settlement-wide, rural referendum is deemed to be, respectively, the date of their publication in official periodical printed editions determined in accordance with the legislation by these councils of deputies, executive and administrative bodies or the date of their placement on Internet sites, which is indicated upon the official publication of the normative legal act on an Internet site. In case of placement of a legal normative act in an official periodical printed edition and on the Internet site at different times, the date of official publication of the legal act is determined on the date of initial placement.

Identity of the texts of legal normative acts with the signed originals is ensured by respective local councils of deputies, executive and administrative bodies, which adopted and placed the texts of legal normative acts on the Internet site.

Official publication of normative legal acts on an Internet site is carried out with observance of requirements for official publication of normative legal acts established by legislative acts.

There must be ensured an unhindered and free access to the texts of legal normative acts officially published on Internet sites. In this instance, removal of texts of the said acts from these sites is not allowed;

1.6. legal acts which are not subject to be included in the National Register of Legal Acts of the Republic of Belarus, including non-normative legal acts of local councils of deputies, executive and administrative bodies of the base territorial level, and also decisions adopted by a city-wide (of cities subordinated to districts), settlement-wide, rural referendum, must be brought in a timely manner to the knowledge of organizations and citizens, the interests of which they concern, by norm-creating bodies (officials) or other authorized bodies (organizations).

1.7. non-normative legal acts, conclusions and judgments of the Constitutional Court, resolutions of the Plenum of the Supreme Court, and also legal acts which are not subject to be included in the National Register of Legal Acts of the Republic of Belarus with the exception of those specified in part two of this sub-clause, enter into force from the day of their adoption (issue), unless these acts establish another time-limit.

Normative legal acts of local councils of deputies, executive and administrative bodies of the base territorial level, and also decisions adopted by a city-wide (of cities subordinated to districts), settlement-wide, rural referendum, concerning the rights, freedoms and duties of citizens, enter into force only after their official publication. The specified normative legal acts concerning the rights, freedoms and duties of individual entrepreneurs and legal persons enter into force after their official publication, unless otherwise provided by legislative acts.

2. [Not given]

3. The Council of Ministers of the Republic of Belarus shall:

till May 1, 2012, ensure bringing the legislation in compliance with this Decree and take other measures necessary for its implementation

annually, during the formation of the draft of the republican budget, to provide means to finance the expenses connected with promulgation (publication) of legal acts by official periodical printed editions specified in indents two – six of sub-clause 1.2 of clause 1 of this Decree;

take other measures for implementation of this Decree.

4. Regional executive committees shall, till July 1, 2012, ensure a possibility of the official publication of normative legal acts of local councils of deputies, executive and administrative bodies of the base territorial level, and also decisions adopted by a city-wide (of cities subordinated to districts), settlement-wide, rural referendum, on sites of superior state bodies.

5. This Decree enters into force from July 1, 2012, with the exception of clauses 3, 4 and this clause which enter into force from the day of its official publication, is temporary and according to part three of Article 101 of the Constitution of the Republic of Belarus is to be presented for consideration of the National Assembly of the Republic of Belarus.

This Decree is effective till the entry into force of the Law of the Republic of Belarus "On legal acts of the Republic of Belarus".

 

President of the Republic of Belarus

A. Lukashenko

 

* unofficial translation *