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Licensing in Belarus

Licensing affects certain types of activities in the Republic of Belarus. Licensing is provided for by the Decree of the President of the Republic of Belarus “On Licensing Certain Types of Activities” dated September 01, 2010. No. 450 (hereinafter - the Decree). A person who has special permission is called a licensee.

According to the aforementioned Decree: "A license is a special permit to carry out a type of activity subject to 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. So a legal entity can be liquidated by decision of a state body, and the activity of an individual entrepreneur is terminated. Consequently, income derived from activities without a license is allocated to the budget.

COST OF LICENSING SERVICES
Obtaining a license From 500 Euro (€)

 

The procedure for obtaining a license in the Republic of Belarus.

Licensing accepts legal entities and individuals as subjects, including foreign legal entities and foreign organizations registered in the Republic of Belarus. For the issuance, introduction of amendments and additions, extension of the term, renewal of the license, as well as the issuance of its duplicate, a state fee shall be levied. The decision to issue or refuse to issue a license is made out by order (decision) of the licensing authority.

A decision made by the licensing authority may be appealed in court. However, for this, the applicant has only one month from the day the decision was made, and if a written notice is provided by the licensing authority within one month from the date of receipt of such a notification by the license applicant.

Obtaining a license is carried out for a specific type of activity. Therefore, it indicates the work and (or) services performed. The list of documents required to obtain a license is set out in Chapter 2 of the Decree.

This document establishes that it is forbidden 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. The submitted documents are accepted according to the inventory with the date of receipt of the documents. A copy of the inventory is handed to the applicant.

An authorized person can represent the interests of the applicant by proxy or on the basis of constituent documents. An application for obtaining a license in the Republic of Belarus must be considered by the licensing authority within 15 (fifteen) business days from the date of receipt of documents from the authorized person. If it is necessary to conduct an assessment and examination, the period may be extended up to 10 (ten) business days.

What should be remembered after obtaining a license in Belarus?

The licensee has the right to carry out licensed activities from the date of receipt of the license. Currently, licenses in the Republic of Belarus are issued indefinitely.

In case of loss of a license, a duplicate may be issued to the licensee. It is issued within 3 (three) business days from the date of submission of all necessary documents. In the period of loss of a duplicate and until its issuance, the license is not suspended.

List of activities subject to licensing.

Licensing covers the following activities:

  • Lawyer;
  • Veterinary
  • Automobile transport;
  • Broadcasting;
  • Use of atomic energy and sources of ionizing radiation;
  • Industrial Safety;
  • Communication
  • Gambling business;
  • Procurement (purchase) of scrap and waste of ferrous and non-ferrous metals;
  • Ensuring fire safety;
  • The provision of psychological assistance;
  • Development and production of strict reporting, as well as special materials to protect them from falsification;
  • Technical and (or) cryptographic protection of information;
  • Environmental impact;
  • Activities related to precious metals and precious stones;
  • Activities related to the trafficking of narcotic drugs, psychotropic substances and their precursors;
  • Improving children abroad;
  • Controlling radioactive contamination;
  • Employment outside the Republic of Belarus, collection and dissemination (including in the global computer network of the Internet) information about individuals in order to meet them;
  • Production of alcoholic, non-food alcohol-containing products, non-food ethyl alcohol and tobacco products;
  • Production of aluminum, lead, zinc, tin, copper and casting of finished products and semi-finished products from aluminum and heavy non-ferrous metals;
  • Activities related to service and civilian weapons and ammunition, collecting and exhibiting weapons and ammunition;
  • Medical activities;
  • Educational activities;
  • Provision of legal services;
  • Wholesale and retail trade in petroleum products;
  • Wholesale trade and storage of alcoholic, non-food alcohol-containing products, non-food ethyl alcohol and tobacco products;
  • Security activities;
  • Printing activity;
  • Professional and stock exchange securities activities;
  • Retail trade in alcoholic beverages and (or) tobacco products;
  • Insurance activity;
  • Forensic expertise;
  • Pharmaceutical activities.

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Difficulties in obtaining a license in the Republic of Belarus.

The issue of obtaining a license arises immediately after the registration of a legal entity. Consequently, at this stage, novice businessmen decide whether they should apply for legal services or legal assistance to obtain a license in the Republic of Belarus. It should be noted here that the complexity of obtaining one or another type of license depends a lot on the type of activity. For example, the simplest licenses are a license for international cargo transportation, as well as a license for the retail sale of alcohol and tobacco products.

One of the most complex activities subject to licensing is the licensing of activities in the field of industrial safety. Some varieties of this license cannot be obtained with the help of a lawyer alone. Therefore, here it may be necessary to involve specialists of various profiles, mainly technical ones.

In no case should you abuse the receipt of such a license in an expedited manner, flattered by the ease of preparing documents. After all, obtaining a license in an expedited manner involves a subsequent inspection by the licensing authority. Consequently, if your organization is found to be inconsistent with the licensing requirements, then the license is canceled with the withdrawal of the profit received from the licensed activity in favor of the state budget.

Unlicensed permits.

It should not be forgotten that the fact that there is no licensing of activities does not mean that it can be carried out simply within the framework of the general legal capacity of a commercial organization. So, the following areas of activity can be distinguished, where it is necessary to obtain permission in a manner other than that provided for by the Decree. This list is not exhaustive:

  • construction activities;
  • the activity of the forex exchange;
  • the activities of the operator of the crypto platform;
  • activities of the ICO operator;
  • some types of production;
  • import and export of certain goods.

Thus, when starting the implementation of this or that activity, you should get the advice of a lawyer or a state body providing legal services for obtaining a license.

For professional legal advice, call +375291102388 or e-mail: info@legaltime.by.

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