Obligatory Legal Expertise of Normative Legal Acts

The obligatory legal expertise of normative legal acts is regulated by the Law of the Republic of Belarus dated July 17, 2018 No. 130-Z "On Normative Legal Acts", the Decree of the President of the Republic of Belarus dated December 30, 2010 No. 711 "On Certain Issues Regarding Obligatory Legal Expertise of Normative Legal Acts", the Resolution of the Council of Ministers of the Republic of Belarus dated September 23, 2006 No. 1244 "On Obligatory Legal Expertise of Normative Legal Acts", the Resolution of the Ministry of Justice of the Republic of Belarus dated October 12, 2006 No. 62 "On the Implementation of the Resolution of the Council of Ministers of the Republic of Belarus dated September 23, 2006 No. 1244", the Resolution of the Ministry of Justice of the Republic of Belarus dated October 10, 2018 No. 193 "On Certain Requirements for Drawing up of Normative Legal Acts and Cooperation of the Ministry of Justice with the National Center for Legal Information".

Obligatory legal expertise is carried out by:

  • the Ministry of Justice in relation to normative legal acts of the National Bank, the State Control Committee, the Office of the President of the Republic of Belarus, the Investigative Committee, the State Forensic Examination Committee, the National Academy of Sciences of Belarus, ministries, other republican government bodies, regional, Minsk City Councils of Deputies, regional executive committees, Minsk City Executive Committee;
  • the Central Departments of Justice of the Regional Executive Committees in relation to normative legal acts of local Councils of Deputies, executive and administrative bodies of the basic territorial level.

Normative legal acts of the outlined state bodies are subject to obligatory legal expertise, with the exception of normative legal acts comprising state secrets or other information, protected by law, technical normative legal acts, other normative legal acts in cases, stipulated by legislative acts, as well as non-normative (individual) legal acts and local legal acts.

Obligatory legal expertise of normative legal acts is carried out by the Ministry of Justice within 5 working days, by the Central Departments of Justice of the Regional Executive Committees within 10 working days.

The criteria for evaluation of normative legal acts of law-making bodies during an obligatory legal expertise by the Ministry of Justice, the Central Departments of Justice of Regional Executive Committees are:

  • correspondence with the Constitution of the Republic of Belarus;
  • correspondence with normative legal acts of the President of the Republic of Belarus, laws of the Republic of Belarus, other normative legal acts of higher legal force in relation to the normative legal act under evaluation, as well as those establishing the requirements for rule-making technique.

According to the results of an obligatory legal expertise of a normative legal act, the Ministry of Justice, the Central Departments of Justice of the Regional Executive Committees bring one of the following conclusions:

  • a conclusion, containing a justified decision on the conformity of a normative legal act with criteria, established by the Decree of the President of the Republic of Belarus dated December 30, 2010 No. 711 "On Certain Issues Regarding Obligatory Legal Expertise of Normative Legal Acts", and the admissibility of its inclusion in the National Register of Legal Acts of the Republic of Belarus;
  • a conclusion containing a justified decision that the normative legal act is not in conformity with the Decree of the President of the Republic of Belarus dated December 30, 2010 No. 711 "On Certain Issues Regarding Obligatory Legal Expertise of Normative Legal Acts" and its inadmissibility for inclusion to the National Register of Legal Acts of the Republic of Belarus.

The procedure for submitting of normative legal acts for obligatory legal expertise

Normative legal acts are submitted to the Ministry of Justice, the Central Departments of Justice of the Regional Executive Committees for obligatory legal expertise no later than three working days from the day following the day of their issuance.

The date of submission of normative legal acts for legal expertise is the date of registration of their receipt at the Ministry of Justice, the Central Departments of Justice of the Regional Executive Committees.

Normative legal acts in accordance with legislation requirements for obligatory legal expertise are submitted to the Ministry of Justice and the Central Departments of Justice of the Regional Executive Committees in the form of electronic documents or electronic copies of paper documents by means of an automated information system, that ensures the formation of the National Register of Legal Acts of the Republic of Belarus (hereinafter – AIS NRLA).

In exceptional cases, if normative legal acts may not be introduced by AIS NRLA for reasons beyond the control of State bodies, normative legal acts are submitted in the form of the original (originals by the number of rule-making bodies) and two copies of it (them) on paper with the simultaneous submission of files containing the texts of these normative legal acts, corresponding to the texts of the paper originals.

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