Ministry of Justice of the Republic of Belarus
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Address:
220014 Minsk, Kollektornaya street, 10
www.minjust.by
Opening hours:
Mon - Fri from 9.00 to 18.00
Break time: from 13.00 to 14.00
Contacts:
Tel/fax: + 375 17 200 86 87
Hotline: + 375 17 306 37 30
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Obligatory Legal Expertise of Normative Legal Acts

Obligatory legal expertise is carried out by:

  • the Ministry of Justice in relation to normative legal acts of the State Control Committee, the Office of the President of the Republic of Belarus, the Investigative Committee, the State Forensic Examination Committee, the State Security 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 containing state secrets or other information, the dissemination and (or) provision of which is limited, normative legal acts containing exclusively digital indicators, normative legal acts on the official interpretation of normative legal acts of republican government bodies subordinate to the Council of Ministers of the Republic of Belarus, technical normative legal acts, other regulatory 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, including the validity of the application of reference and blank rules.

The normative legal acts of law-making bodies during an obligatory legal expertise are also evaluated:

  • priority and completeness of legal regulation of relevant public relations by regulatory legal acts;
  • the validity of the choice of the type of regulatory legal act and the method of registration of the regulatory legal act, including in the form of a new regulatory legal act or a new edition of the regulatory legal act;
  • the need to amend and invalidate regulatory legal acts in connection with the adoption of a new regulatory legal act.

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 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 criteria and its inadmissibility for inclusion to the National Register of Legal Acts of the Republic of Belarus.
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