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Passed by the House of Representatives on January 24, 2000.
Approved by the Council of the Republic on January 31, 2000.
In accordance with the Constitution of the Republic of Belarus the present Law establishes the competence, structural organization and the order of activity of the Committee of State Control of the Republic of Belarus and its local bodies.
Article 1. The Committee of State Control of the Republic of Belarus
The Committee of State Control of the Republic of Belarus (further referred to as the Committee of State Control) is the body that exercises state control over implementation of the national budget, the use of public property and implementation of laws and acts of the President of the Republic of Belarus, the Parliament of Republic of Belarus, the Council of Ministers of the Republic of Belarus, and of other state bodies governing public property relationships and economic, financial and tax relations.
The Committee of State Control shall be formed by the President of the Republic of Belarus, The Committee of State Control and its local bodies are legal entities. They have seals with the coat of arms of the Republic of Belarus and their denomination.
Article 2. The Main Directions of the Activity of the Committee of State Control and of its Local Bodies
The Committee of State Control and its local bodies within their competence exercise state control over:
1. the republican budget execution, observance of the legislation in the field of financial and tax relations in the system of local budgets and state special budget and non-budget funds;
2. the spending of the republican and local funds on the maintenance of State bodies, the Safety and use of state property;
3. the execution of legislation acts on lease, nationalization, privatization and other alienation of object of state property;
4. the observance of investment activity legislation acts by state bodies and other legal entities (including residents of free economic zones);
5. the legality of the use of state resources by legal entities and individual entrepreneurs;
6. the observance of the legislation on the use of credit and currency resources by state bodies and banks;
7. the state of audit work in state bodies, the performance of audits of other legal entities and individual entrepreneurs;
8. the financial and economic activity of state bodies, representation organizations and institutions of the Republic of Belarus acting abroad and financed by means of the republican budget;
9. the observance of the legislation on receiving, expenditure registration and storage of precious metals and precious stones of all forms and kinds, as well as on collecting and passing their scrap and waste of the State Fund of Precious Metals and Precious Stones of the Republic of Belarus;
10. the observance of the legislation on ferrous and non-ferrous metals utilization, the observance of the order of collection, registration, storage, utilization, distribution and processing of ferrous and non-ferrous metals, their scrap and waste;
11. the execution of the legislation on the relations of state property, economic, financial and tax relations by the National Bank of the Republic of Belarus and other banks, insurance and non-bank financial organizations;
12. the observance of the legislation on emission, investment and circulation of securities by stock market members, the National Bank of the Republic of Belarus and other legal entities which exercise regulating activity over stock market;
13. the delivery of goods for state needs;
14. the observance of the legislation by legal entities and individual entrepreneurs on the following issues:
the rules of trade and service, the order of fixing prices on goods (works, services) and the stability of prices in distribution of goods (works, services), the quality of goods manufactured and traded (works performed, services provided), their safety to life, health and property of consumers, the protection of consumers' market and their rights;15. the execution of the legislation on the order of foreign trade performance by state bodies. other legal entities and individual entrepreneurs, as well as the legality of state resources use in foreign trade activity;
16. the observation of the legislation on the order of currency operations on the territory of the Republic of Belarus;
The Committee of State Control and its local bodies have the right to establish and keep direct contacts with audit institutions of other states and international organizations, to conclude agreements with them.
Article 3. The Legal Base of the Activity of the Committee of State Control and its Local Bodies
The Committee of State Control and its local bodies are guided in their activity by the Constitution of the Republic of Belarus, the present Law, other laws, decrees, orders and directions of the President of the Republic of Belarus and other legislation acts of the Republic of Belarus, as well as by international agreements of the Republic of Belarus.
Article 4. The Principles of Structural Organization and Activity of the Committee of State Control and its Local Bodies
The Committee of State Control and its local bodies:
1. form a single centralized system with the subordination of the inferior bodies to the superior ones;
2. work on the basis of collegiate discussion of the result of adults, the necessary measures on prevention and elimination of the violations elicited, the amenability of persons or bodies that have committed infringements of the legislation of the Republic of Belarus;
3. implement their powers within their competence in close cooperation with the Council of Ministers of the Republic of Belarus, executive and administrative bodies;
4. in cooperation with law-enforcement bodies, the National Bank of the Republic of Belarus and other state bodies of the Republic of Belarus implement their powers on restoration of violated rights of legal entities and physical persons and institute legal proceedings against persons and bodies that have committed infringement of the legislation;
5. perform their activity on the basis of strict observance of legality, state interests protection, rights and freedom of citizens;
6. act openly and publicly unless it is not contrary to the demands of the legislation on the protection of personal rights and freedoms, on state secrets and other information protected by the legislation;
The Committee of State Control performs its functions on the whole territory of the Republic of Belarus, and its local bodies function on the territory of the corresponding local units.
Article 5. The Guarantees of the Independence of the Employees of the Committee of State Control and its Local Bodies
While performing their official duties the employees of the Committee of State Control and its local bodies are representatives of State authority and are protected by the State. The members of their families and their property are also protected by the State.
No one has the right to interface in the official activity of the employees of the Committee of State Control and its local bodies except for the State bodies and officials empowered for that by the legislation of the Republic of Belarus.
Non-performance or obstruction to the execution of legal demands of the employees of the Committee of State Control or its local bodies, offence to their honor or dignity, acts of violence towards them, infringement on their life, health and property or threat of such violence and infringement, as well as other actions that hinder the performance of duties entrusted to them entail amenability according to the legislation of the Republic of Belarus. The employees of the Committee of State Control and its local bodies may not be members of political parties and other voluntary organizations pursuing political aims.
Article 6. The Activity of the Committee of State Control and its Local Bodies and the Rights of Citizens
According to the legislation of the Republic of Belarus the Committee of State Control and its local bodies within their competence consider the incoming appeals of citizens that include information on the infringement of the legislation on the relations of state property, economic, financial and tax relations.
The Chairman of the Committee of State Control exercises control over the execution of the legislation that regulates the order of considering the appeals of citizens by the Committee of State Control and its local bodies.
A person or body that considers the actions of the employees of the Committee of State Control and its local bodies infringe upon their rights and legal interests have the right to lodge a complaint to the prosecutor or to the court in the order prescribed.
The employees of the Committee of State Control and its local bodies have no right to divulge the information that may harm the rights and legal interests of a citizen if other regulations are not stipulated by legislation acts.
Article 7. The System of the Bodies of the Committee of State Control
The system of the bodies of the Committee of State Control is formed by the Committee of State Control and its local bodies (committees of state control of the regions and the city of Minsk).
According to the decision of the President of the Republic of Belarus the local bodies of the Committee of State Control may be formed in the cities and districts of the Republic of Belarus.
The structure and the amount of personnel of the Committee of State Control are to be ^approved by the President of the Republic of Belarus.
Article 8. The Administration of the Committee of State Control
The Committee of State Control is headed by the Chairman who is appointed and relieved of his position by the President of the Republic of Belarus.
The Chairman of the Committee of State Control is personally responsible for the fulfillment of tasks entrusted to the Committee of State Control and its local bodies.
The first deputy and other deputies of the Chairman of the Committee of State Control are appointed and relieved of their positions by the President of the Republic of Belarus on the proposal of the Chairman of the Committee of State Control. ,
Article 9. The Administration of the local bodies of the Committee of State Control
The chairmen of the local bodies of the Committee of State Control except for the municipal chairmen and chairmen of districts are appointed and relieved of their positions by the Chairman of the Committee of State Control of the Republic of Belarus with consent of the President of the Republic of Belarus.
The order of appointment and dismissal of the chairmen of district and municipal local bodies of the Committee of State Control is fixed by the President of the Republic of Belarus.
Article 10. The Boards of the Committee of State Control and its Local Bodies
The Committee of State Control forms a board including the Chair of the Committee of State Control (the chair), the first deputy and other deputies (according to their positions) and other employees of the Committee of State Control and its local bodies. The amount of the board members is approved by the President of the Republic of Belarus on the proposal of the Chair of the Committee of State Control.
The local bodies of the Committee of State Control except for district and municipal ones form boards including the chair of the committee (the chair), deputies (according to their positions) and other officials of the local bodies of the Committee of State Control. The amount of the board members is approved by the Chair of the Committee of State Control on the proposal of the heads of the corresponding local bodies of the Committee of State Control.
Article 11. The Powers of the Chairman of the Committee of State Control
According to the legislation of the Republic of Belarus the Chairman of the Committee of State Control has the following powers:
Article 12. The Powers of the Chairmen of the Local Bodies of the Committee of State Control
The chairmen of the local bodies of the Committee of State Control supervise the activity of the bodies which they head, issue orders, give directions corresponding to the demands of the legislation and obligatory for execution by all the subordinate employees.
Article 13. The Boards of the Committee of State Control and its Local Bodies
The meetings of the boards of the Committee of State Control and its local bodies consider the most important issues on the performance of state control that need discussion and work out coordinated decisions. At the meetings of the boards of the Committee of State Control reports and explanations of the heads of state bodies and other officials on the issues within the competence of the Committee of State Control may be heard.
At the meetings of the board of a local body of the Committee of State Control reports and explanations of the heads of state bodies and other officials of the corresponding local units on the issues within the competence of the given local body of the Committee of State Control may be heard.
Decisions of the board are made by the majority of voices of the members present at the meeting. If the amount of the voices is equal the decision is made in favor of the side including the voice of the chair.
In cases when the infringement of the legislation, non-performance of the decisions of state bodies made within their competence or infringement of the state discipline entailed considerable harm to the rights and legal interests of citizens, state or social interests, the boards of the Committee of State Control and its local bodies have the right to propose to the corresponding bodies and officials dismissal of the guilty officials of state bodies and other legal entities.
Decisions are made in the form of directions.
Article 14. The Competence of the Committee of State Control and its Local Bodies
The Committee of State Control and its local bodies have the right:
1. to receive from state bodies, other legal entities and individual entrepreneurs the information necessary for the conduct of audits;
2. to receive from the National Bank of the Republic of Belarus and other banks the documents and information necessary for the conduct of audits: reports, accounting and statistical information, information on transactions and the state of accounts, as well as certificates and copies of the documents on transactions of the objects audited:
3. to use data bases or slate bodies and other state legal entities free of charge;
4. to perform audits of the activity of state bodies, other legal entities, as well as of individual entrepreneurs:
5. to inquire the officials of state bodies, other legal entities and individual entrepreneurs about the causes of the infringements elicited through the audits;
6. to involve in the conduct of audits the representatives of law-enforcement agencies, audit institutions and experts from other state institutions and other legal entities of the Republic of Belarus regardless of the form of their subordination in the order prescribed by the legislation;
7. within the competence to make decisions obligatory for the officials of state bodies and other legal entities, as well as for individual entrepreneurs, that concern:
8. to send the results of audits to state bodies for their examination and for taking the necessary measures:
9. to apply to authoritative bodies under strong reason to institute an action of closing down the legal entities, to suspend the activities of individual entrepreneurs or to cancel the corresponding permits (licenses);
10. to monitor the conduct of currency transactions including the receipt of export currency proceeds in the Republic of Belarus, import delivery of commodities (works, services), purchase and sale and use of foreign currency;
11. to suspend or prohibit the production (distribution) of commodities, performance of works (provision of services) in cases of violations of the legislation regulations on the safety to life, health or property of consumers or environment;
12. to conduct the selection of samples in accordance with the established procedure and send them for examination to research institutions, laboratories of republican administration bodies or of other legal entities in order to estimate the quality of goods;
13. in accordance with the established procedure to withdraw samples of low-quality goods, commodities, raw materials, testifying to misuse and violation of the regulations;
14. to perform checks of purchases made, place orders on chargeable services in order to check the accuracy of payments;
15. to prohibit the use of defective weighing measurement instrumentation, or instrumentation without trade-marks by legal entities and physical persons;
16. to participate in consideration and coordination of standards drafts, technical specifications and other reference documentation for consumer goods;
17. to keep records of administrative violations of law within the competence of the Committee of State Control and its local bodies;
18. to coordinate the appointment and dismissal of the heads of state bodies and other state legal entities;
19. to decide upon the adequacy of state bodies officials to the positions they occupy;
20. to put forward propositions to administrative authorities of the corresponding legal entities about instituting legal proceedings against the guilty officials in cases of the legislation violations;
21. when deficits of money, deliberate destruction of or damage to property, larceny including that of money or other kinds of state property as well as other misuse are elicited in audits to send the materials to law enforcement bodies in order for them to take measures in accordance with the legislation;
22. to put forward propositions for the consideration of the corresponding state authorities and the heads of legal entities to make cancellations (alterations) in the acts adopted, which regulate the relations of state property, economic, financial and tax relations, in cases of discrepancy of the acts with the current legislation;
23. upon request of the President of the Republic of Belarus or, when needed, to inform the President of the Republic of Belarus about untimely or improper execution of the instructions of decrees, edicts, orders and other decisions of the President of the Republic of Belarus.
Other powers of the Committee of State Control and its local bodies may also be established by the legislation.
Article 15. The Participation of the Committee of State Control and its Local Bodies * Representatives in the Meetings of State Bodies
The Chairman of the Committee of State Control, chairmen of the local bodies of the Committee of State Control, their deputies or their representatives have the right to participate in the meetings of the boards of ministries, other republican bodies of state administration, local executive and administrative bodies, in sessions of local Councils of deputies on consideration of issues that concern the competence of the Committee of State Control or its local bodies, with the consent of the heads of these bodies.
Article 16. The Powers of the Committee of State Control and its Local Bodies Concerning the Protection of Rights and Legal Interests of the State and State Legal Entities
The Committee of State Control and its local bodies within their competence have the right to bring legal actions concerning the protection of rights and legal interests of the state and state legal entities.
The Committee of State Control or its corresponding local body sends a writ to court concerning the protection of rights and legal interests of a state legal entity at the instance or by approbation of the person, who participates later in the case as a claimant (applicant). On the cases instituted on the claims of the Committee of State Control or its local bodies concerning the protection of interests of the Republic of Belarus or of its local units, the claimants acting on behalf of the Republic of Belarus or its local units are the commissioners of the state bodies in the order established by the legislation.
Article 17. The Rights of the Officials of the Committee of State Control and its Local Bodies while Conducting Audits
The officials of the Committee of State Control and its local bodies while conducting audits have the right to:
1) present the direction for conducting the audit and the document proving the identity of the Committee of State Control official, the type of the document being determined by the legislation. The officials have the right:
The access to enterprises, institutions, organizations, the entry to which is limited according to the legislation acts and the access to the data containing state secrets, is provided in conformity with the legislation of the Republic of Belarus;
2) demand from the heads of state institutions and other officials:
3) to seal up the cash or the cashier's office, warehouses, archives as well as to withdraw the corresponding documents including the original documents in cases and in the order established by the legislation;
4) to ask the officials to make explanations with regard to the elicited infringements of the legislation;
5) to demand from the officials income and property statements in cases established by the legislation;
6) to point out the defects made by the officials, to oblige them to eliminate violations, to send the materials of the infringements for the consideration of labor groups and state bodies.
Article 18. The Powers of the Committee of State Control and its Local Bodies for the Application of Economic Sanctions and Administrative Measures
The Committee of State Control and its local bodies have the right to apply economic sanctions stipulated by the legislation as well as administrative measures for the elicited violations in state property, economic, financial and tax relations in accordance with the order established by the legislation.
The Chairman of the Committee of State Control and its local bodies, the heads of the main administration and inspection offices of the Committee of State Control and their deputies, the chairmen of the local committees of state control and of the city of Minsk and their deputies within their competence have the right to apply economic sanctions and administrative measures stipulated by the legislation on behalf of the Committee of State Control if other procedure is not specified by the acts of the President of the Republic of Belarus.
Considering the financial state of the infringes the scale of the damage caused and the nature of the violations committed and on the basis of the resolutions of the boards of the Committee of State Control and its local bodies, the legal entities and individual entrepreneurs can be fully or partially exempt from the payment of economic sanctions or by the decision of the officials stated in part two of the present Article they can be granted adjournment of payment in the period not exceeding six months.
Article 19. The Order of Application of Economic Sanctions and Administrative Measures
The order of application of economic sanctions and administrative measures by the Committee of State Control and its local bodies is established by the legislation acts.
Article 20. The Implementation of the Decisions of the Committee of State Control and its Local Bodies
The charge collected through economic sanctions which is not paid voluntarily by the guilty legal entity or individual entrepreneur is written in indisputable way off the accounts of the guilty on the ground of the decisions of the Committee of State Control or its local bodies. The implementation of the decisions of the Committee of State Control and its local bodies concerning property recoveries is conducted by the officers of economic courts in accordance with the procedure established by the legislation of the Republic of Belarus.
Article 21. The Order of Appealing to the Decisions of the Committee of State Control and its Local Bodies
The decisions of the Committee of State Control, its local bodies and their officials may be appealed against judicially or otherwise if specified by the established legislation.
Article 22. The Resources of Financial Support of the Committee of State Control and its Local Bodies
The resources of financial support of the Committee of State Control and its local bodies are earmarked from the republican budget. The amount of these financial resources is established annually at the procedure of the budget approval of the Republic of Belarus.
Article 23. The Expenses of the Committee of State Control and its Local Bodies
The expenses for the payments to specialists and other persons enlisted to fulfil tasks entailed to them by the officials of the Committee of State Control and its local bodies, as well as the expenses for the payment of salaries of the persons called to the Committee of State Control to give explanations are earmarked from the republican budget.
Article 24. The Property of the Committee of State Control and its Local Bodies
The buildings and other premises, as well as the means of office equipment, communication, vehicles and other kinds of property necessary for the activity of the Committee of State Control and its local bodies are in the operational use of the Committee of State Control and cannot serve a different purpose.
Article 25. The Employees of the Committee of State Control and its Local Bodies
The employees of the Committee of State Control and its local bodies may be only the citizens of the Republic of Belarus, their professional training corresponding to the existing requirements established by the legislation. They shall possess the necessary personal, professional and moral qualities.
The employees of the Committee of State Control and its local bodies, except for the persons responsible for technical maintenance and for the proper functioning of these bodies, are state officials.
Article 26. The Measures of Legal and Social Protection of the Employees of the Committee of State Control and its Local Bodies
The employees of the Committee of State Control and its local bodies are subject to mandatory personal insurance covered by means of the republican budget for the cases of death, injury (concussion), maiming, diseases received while performing official duties. The order and the conditions of insurance are established by the legislation of the Republic of Belarus.
Being sent to a business trip the employees of the Committee of State Control and its local bodies have the right to make ticket reservations and the right to receive hotel rooms without prior reservations and to obtain travel passes for all means of transport.
Other conditions of social protection and social security of the employees of the Committee of State Control and its local bodies are determined by the legislation of the Republic of Belarus.
Article 27. The Institutions and Organizations of the Committee of State Control
With the cousin of the President of the Republic of Belarus and in accordance with the legislation the Committee of State Control may establish training institutions, publish printed ' materials which are supported financially from the resources of the republican budget.
Article 7.8. The Duty to Cooperate with Committee of State Control and its Local Bodies
State bodies are obliged to cooperate with the officials of the Committee of State Control and its local bodies while the latter perform their functions, as well as assist in conducting audits. The officials of state bodies, of other state legal entities are obliged to inform the Committee of State Control and its local bodies about the measures taken to eliminate the elicited violations of the legislation.
The officials who impede in the conduct of audits, do not provide the necessary working conditions for the employees of the Committee of State Control and its local bodies or do not fulfill their mandatory instructions bear responsibility in accordance with the established legislation.
Article 29. The Responsibility of the Officials and Other Employees of the Committee of State Control and its Local Bodies
The employees of the Committee of State Control and its local bodies are obliged to fulfill their duties within the limits of their powers granted to them by the present Law and other legislation acts.
The employees of the Committee of State Control and its local bodies bear responsibility in accordance with the established legislation for non-execution or for improper execution of their duties, the abuse of power, exceeding of their powers and other violations of the legislation.
The damage caused by the illegal deeds of the officials and other employees of the Committee of State Control and its local bodies is remunerated in the order and on the conditions stipulated by the legislation of the Republic of Belarus.
Article 30. The Supervision of the Activities of the Committee of State Control and its Local Bodies
The supervision of the activities of the Committee of State Control and its local bodies is conducted by the President of the Republic of Belarus.
Article 31. The present Law in force
The present Law comes into force from the day it is published.
Before the legislation of the Republic of Belarus is put in conformity with the present Law only the part of it not contradicting with the present Law is used if other regulations are not specified by the Constitution of the Republic of Belarus.
Article 32. The Conformity of the Legislation Acts with the Present Law
Within three months from the date the present Law came into force the Council of Ministers of the Republic of Belarus is obliged to:
Article 33. The Recognition of Some Legislation Acts as Null and Void
In view of the adoption of the present Law the following documents shall be recognized as null and void:
the Law of the Republic of Belarus of March 13, 1992 "On The Control Chamber of The Republic of Belarus" (Registers of the Supreme Council of the Republic of Belarus 1992, No 12, art.2O3);
the Resolution of the Supreme Council of the Republic of Belarus of March 13, 1992 "On Entry into Force of The Law of The Republic of Belarus 'On The Control Chamber of The Republic of Belarus" (Registers of the Supreme Council of the Republic of Belarus 1992, .No 12, art. 204);
the Resolution of the Presidium of the Supreme Council of the Republic of Belarus of June 19, 1992 "On Provision Draft about The Control Chamber of The Republic of Belarus" (Registers of the Supreme Council of the Republic of Belarus 1992, No 21, art, 362);
the Law of the Republic of Belarus of January 28, 1993 "On Amendments and Supplements to The Law of The Republic of Belarus 'On The Control Chamber of The Republic of Belarus" (Registers of the Supreme Council of the Republic of Belarus 1993, No 13, art. 124);
the Resolution of the Supreme Council of the Republic of Belarus of January 28, 1993 "On Entry into Force of The Law of The Republic of Belarus 'On Amendments and Supplements to The Law of The Republic of Belarus 'On The Control Chamber of The Republic of Belarus" (Registers of the Supreme Council of the Republic of Belarus 1993, No 13, art. 125);
the Resolution of the Supreme Council of the Republic of Belarus of January 28, 1993 "On Approval of the Resolution on the Control Chamber of the Republic of Belarus" (Registers of the Supreme Council of the Republic of Belarus 1993, No l3, art.131);
the Resolution of the Presidium of the Supreme Council of the Republic of Belarus of 18 May 1994 "On the Establishment of the Council for Coordination of the Activity of Audit Bodies Conducting Financial Control over the National Economy Affiliated to the Control Chamber of the Republic or Belarus" (Registers of the Supreme Council of the Republic of Belarus 1994. No l9.art.338)
The President of the Republic of Belarus A. LUKASHENKO
