Commentary to Decree No.340 of 23 July 2015
The President of the Republic of Belarus signed Decree No. 340 to establish a new procedure for the exemption of legal entities and individual entrepreneurs from administrative liability and payment penalties. An interdepartmental commission will be set up and will be vested with the appropriate authorities. Thus, the exemption of business entities from administrative liability will not require decision-making at the level of head of state.
The regulation has been approved to govern the procedure for exemption of legal entities and individual entrepreneurs from administrative penalties. The document establishes a more rigorous approach to this procedure. The confiscation of goods has been removed from the list of administrative penalties which may be subject to exemption. The practice has showed that giving the goods back to the applicant contributes to the increase in illegal trade. The document cancels the right to petition the exemption to the applicants who are in the process of liquidation (termination) and to those whose petition the commission dismissed before, and also in relation to the administrative penalty that has been paid (collected). Only the amounts not paid and to be recoverable will be considered.
At the same time the procedure has been simplified for the exemption of business entities from administrative penalties and payment of penalties. The number of necessary documents and related procedures has been reduced.
The procedure rules governing the review of applications by the interdepartmental commission have been optimized. In particular, the deadline for taking a decision is reduced to one month from the date of receipt of documents. The commission will hold meetings monthly. If the review of the application is delayed, it shall be considered at the next meeting of the commission.
In addition, the Decree has approved the membership of the interdepartmental commission for the exemption of legal entities and individual entrepreneurs from administrative penalties and the regulation on the commission which establishes the right of the commission to take a final decision on full or partial exemption of the applicant from penalties, on dismissal of a petition.
The Decree shall enter into force one month after its official publication.
The regulation has been approved to govern the procedure for exemption of legal entities and individual entrepreneurs from administrative penalties. The document establishes a more rigorous approach to this procedure. The confiscation of goods has been removed from the list of administrative penalties which may be subject to exemption. The practice has showed that giving the goods back to the applicant contributes to the increase in illegal trade. The document cancels the right to petition the exemption to the applicants who are in the process of liquidation (termination) and to those whose petition the commission dismissed before, and also in relation to the administrative penalty that has been paid (collected). Only the amounts not paid and to be recoverable will be considered.
At the same time the procedure has been simplified for the exemption of business entities from administrative penalties and payment of penalties. The number of necessary documents and related procedures has been reduced.
The procedure rules governing the review of applications by the interdepartmental commission have been optimized. In particular, the deadline for taking a decision is reduced to one month from the date of receipt of documents. The commission will hold meetings monthly. If the review of the application is delayed, it shall be considered at the next meeting of the commission.
In addition, the Decree has approved the membership of the interdepartmental commission for the exemption of legal entities and individual entrepreneurs from administrative penalties and the regulation on the commission which establishes the right of the commission to take a final decision on full or partial exemption of the applicant from penalties, on dismissal of a petition.
The Decree shall enter into force one month after its official publication.