SEE PART 1 FOR BEGINNING
ARTICLE 69.
Coordination of specific measures by an enterprise when preparing its plans When planning and exercising its economic activities, an enterprise, irrespective of its form of ownership, shall coordinate with a relevant local Soviet of Deputies those measures, which may cause ecological, social, demographic and other consequences, affecting the interests of the population of the territory.

CHAPTER 19.Economic relations between an enterprise and other enterprises, organizations and citizens

ARTICLE 70. Economic relations between an enterprise and other enterprises, organizations and citizens Relations of an enterprise with other enterprises, organizations and citizens in all spheres of economic activities shall be based on contracts. Enterprises shall be free to choose the object of a contract, determine obligations and any other terms and conditions of economic relations, that do not contradict the legislation in force.

ARTICLE 71. Limiting free realization of certain types of products, work and services The list of certain types of products, work and services, which cannot be freely used for one's own needs, or realized or exchanged, shall be established by the legislation of the Republic of Belarus.

ARTICLE 72. Relations between an enterprise and a user (consumer) In its activities an enterprise shall take into account user's (consumer's) interests, as well as its demands to the quality of products, work and services. Interests and rights of the user (consumer) shall be protected by the legislative acts of the Republic of Belarus.

CHAPTER 20. Procurement

ARTICLE 73. Procurement An enterprise shall analyze the market conjuncture, possibilities of potential partners and price movement data so as to organize procurement for its own production and capital construction through purchasing resources at a market of commodities and services. An enterprise shall purchase resources at a market of commodities and services by means of direct contracts, or by means of wholesale trade, including fairs, auctions and from procurement organizations, as well as from other agencies. Logistic support for work and supplies for state needs shall be exercised by bodies of the state contract system, which function as a state agent. Procurement for enterprises of public organizations of invalids shall be made from centralized republican resources.

CHAPTER 21. Prices and price formation

ARTICLE 74. Procedures for price formation An enterprise shall realize its products, work and services, and industrial wastes at prices and tariffs, established independently or on a contractual basis, and in the cases, envisaged by the legislation of the Republic of Belarus, - at state-imposed prices and tariffs. It shall be allowed for the state to regulate prices for the products of enterprises, that have a monopoly position at the market of commodities, as well as for the resources, which determine the scale of prices and tariffs in the economy and the social protection of citizens.

ARTICLE 75. Responsibility of an enterprise for violation of state-imposed prices and their limits and tariffs If an enterprise violates state-imposed prices and their limits, and tariffs for its products, work and services, the surplus amount shall be expropriated to the income of the Republican budget. Besides, an enterprise shall be fined, according to the procedures and in the amounts, established by the legislative acts of the Republic of Belarus.

CHAPTER 22. Financial and credit relations

ARTICLE 76. Sources of formation of financial resources of an enterprise Sources of formation of financial resources of an enterprise shall be profits, depreciation deductions, means, gained from the sale of securities, share and other contributions of members of a labour collective, enterprises, organization, citizens, as well as other receipts.

ARTICLE 77. Use of a bank credit An enterprise shall use a bank credit on a commercial contractual basis.

ARTICLE 78. Procedures for opening bank accounts by an enterprise An enterprise shall have the right to open a current and other accounts in any bank, so as to keep its pecuniary means and make all kinds of payment, credit and cash operations.

ARTICLE 79. Procedures for making payment by an enterprise All payments by an enterprise, including budgetary payments and remuneration payments, shall be made according to a calendar order of receiving payables (payments schedule). As a rule, an enterprise shall pay for its obligations to other enterprises through bank institutions without using cash (by written order). Payments in cash to enterprises and citizens shall be made according to the rules of payment and cash operations.

ARTICLE 80. Products supply, work fulfillment and service rendering by credit contracts. Responsibility of an enterprise for compliance with credit contracts and payment discipline An enterprise may supply products, fulfil work and render services on credit, for which buyers (users) pay interest as in the case of loans. To arrange such trade operations an enterprise may use bills. An enterprise shall be fully responsible for compliance with credit contracts and payment discipline. An enterprise, that repeatedly does not fulfil its payment obligations, may be declared bankrupt by the bank. Measures and ways of their application in respect of such enterprises shall be determined by banks in accordance with the legislative acts of the Republic of Belarus.

CHAPTER 23. Foreign economic activities of an enterprise

ARTICLE 81. Exercising foreign economic activities An enterprise shall have the right to exercise independently foreign economic activities in accordance with the current legislation.

ARTICLE 82. Currency receipts and deductions Currency receipts shall be credited to currency accounts of an enterprise and used by it independently. Currency deductions for the disposal of the Republic and local Soviets of Deputies shall be made from currency receipts of an enterprise after deducting direct currency expenses, made by the given enterprise from its currency means. Rates of deductions for the benefit of the Republic and local Soviets of Deputies shall be regulated by the legislative acts of the Republic of Belarus. It shall not be allowed to make other types of expropriation of currency means of an enterprise.

CHAPTER 24. Social activities of an enterprise

ARTICLE 83. Procedures for solving issues of social development Issues of social development, including improvement of conditions of labour, life and health, guarantees of compulsory medical insurance of members of a labour collective and of their families, shall be solved by the labour collective together with the administration of the enterprise in accordance with the legislative acts of the Republic of Belarus.

ARTICLE 84. Providing safe labour conditions by an enterprise An enterprise shall provide for all its employees safe labour conditions and shall be responsible for the damage, caused to their health and ability to work, according to the procedures, established by the legislation.

ARTICLE 85. Rights of pensioners, retired from the enterprise, for social services and benefits Pensioners, who retired from the enterprise, shall enjoy, like its employees, possibilities, available to the enterprise, for medical care, housing and accommodation in medicoprophylactic institutions, and - by a decision of a general meeting (conference) of the collective - for other social services and benefits.

ARTICLE 86. Benefits for women, employed at an enterprise An enterprise shall constantly improve conditions of labour and living of its women employees; provide the women, having small children, with work mainly during day shifts and with shortened working hours; transfer pregnant women to easy work without hazardous conditions; as well as provide women with other benefits, envisaged by the legislation. Enterprises with hazardous labour conditions may arrange special shops and bays for providing women with easier work, if there is consent from the labour collective.

ARTICLE 87. Social benefits for the workers of an enterprise A labour collective shall independently arrange additional leaves, reduced working days and other social benefits within its revenues, assigned for consumption. An enterprise shall create conditions for employment and professional training of persons under eighteen, and provide them with benefits in accordance with the legislation of the Republic of Belarus.

ARTICLE 88. Material incentives for the workers of institutions and organizations, servicing the labour collective of an enterprise An enterprise may provide material incentives for workers of enterprises, institutions and organizations, which service the labour collective and are not part of it.

ARTICLE 89. Consideration of requests and appeals of citizens to an enterprise Consideration of requests and appeals of citizens on issues, related to the activities of an enterprise, and taking relevant decisions shall be an exclusive responsibility of the administration of the enterprise.

SECTION 6. An enterprise and the state

CHAPTER 25. Guarantees of rights and interests of an enterprise

ARTICLE 90. Guarantees of rights and interests of an enterprise The state shall guarantee the observance of rights and legitimate interests of an enterprise. When carrying out economic and other activities, an enterprise shall have the right to take, at its own initiative, any decisions, that do not contradict the current legislation. It shall not be allowed for the state, public or other bodies to interfere in economic and other activities of an enterprise, unless it concerns the rights of the state bodies to exercise control over the activities of an enterprise, which are envisaged by the current legislation.

ARTICLE 91. Responsibilities of bodies of state power and administration or of other bodies and of their officials for violating the rights of an enterprise Bodies of state power and administration and of public organizations and their officials, when taking decisions, concerning an enterprise, and exercising their relations with it, shall be responsible for the observance of the provisions of this Law. Bodies of state power and administration and management, and of public organization and their officials may give orders to an enterprise only within their competence, established by the legislation. When such bodies or officials issue an act, that does not correspond to their competence or to the requirements of the legislation, an enterprise shall have the right to appeal to a court of justice or to the state arbitration for them to recognize such an act invalid. Losses, caused to an enterprise as a result of the fulfillment of orders, issued by bodies of state power and administration and management and of public organizations and their officials, which violated the rights of the enterprise, as well as losses, caused by improper exercising by such bodies or their officials of their obligations towards the enterprise, as envisaged by the law, shall be compensated by these bodies. Disputes, concerning compensation of losses shall be solved by a court of justice or the state arbitration in accordance with their competence.

ARTICLE 92. Guaranteeing by the state of legal and economic conditions for carrying out economic activities of an enterprise The state shall guarantee to an enterprise, irrespective of its form of ownership, equal legal and economic conditions for its activities. The state shall facilitate the development of the market, regulating it by means of economic levers and incentives, implement anti-monopoly measures, provide social protection of the working people. The state shall create favorable conditions for enterprises, that carry out technical modernization of their production, and above all, for those, which introduce into their practice discoveries, inventions and innovations. Bodies of state management shall arrange their relations with an enterprise through the use of economic levers: interest on loans and investment, incomes from securities, prices and taxes, tax benefits and economic sanctions, special grants and subsidies, currency exchange rates, depreciation deduction rates, social, ecological and other standards and norms. When the Supreme Soviet of the Republic of Belarus declares the state of emergency, an enterprise shall be obliged to fulfil the orders of the Government of the Republic of Belarus.

CHAPTER 26. Accountancy and reporting

ARTICLE 93. Accountancy and reporting of an enterprise An enterprise shall carry out operative reporting and accountancy of its operations, and provide statistical reports.

ARTICLE 94. Procedures for presenting statistical reports Forms of state statistical reports shall be established by the bodies of state statistics and include only actual data, as well as addresses and timing for their presentation. It shall be banned to demand statistical reports with violations of the procedures, established by the present Law. Data, that are not envisaged by the state statistical reports, may be presented by an enterprise on a contractual basis or according to the procedures, stipulated by the legislation of the Republic of Belarus.

ARTICLE 95. Responsibility for misrepresenting of the state statistic reports Officials of an enterprise shall bear disciplinary, material and criminal responsibility for misrepresentation of the state statistical reports, as stipulated by the legislation.

CHAPTER 27. Commercial secret of an enterprise

ARTICLE 96. Definition of a commercial secret A commercial secret of an enterprise shall be data, that are not state secrets, and that are related to production, technology information, management, finance and other activities of the enterprise, and letting out (transfer, leakage) of which may be detrimental to its interests.

ARTICLE 97. Procedures for determining the composition and the volume of data, constituting a commercial secret The composition and the volume of data, that constitute a commercial secret, and the way of their protection shall be determined by the head of an enterprise in accordance with the legislation of the Republic of Belarus. Officials of state bodies authorized to audit activities of an enterprise shall have the right to learn, in accordance with their competence, data constituting a commercial secret of the enterprise, provided they are responsible for letting out said data.

ARTICLE 98. Responsibility for letting out data, constituting a commercial secret Responsibility for letting out data, constituting a commercial secret of an enterprise, and violating the procedures of protection of such data, shall be determined by the legislative acts of the Republic of Belarus.

CHAPTER 28. Responsibilities of an enterprise

ARTICLE 99. Responsibilities for violation of rules of carrying out economic activities For conducting activities demanding specific permission (lisence)without it an enterprise shall be fined and devoid of profits acquired from this sort of activity. The profit shall be directed to the Republican budget. For violation of contractual obligations, credit repayment and tax discipline, requirements placed on the quality of products, as well as for violations of other rules of carrying out economic activities an enterprise shall bear full responsibility by its property, as stipulated by the current legislation. Payment of fines and forfeits for violations of contractual terms and conditions, as well as compensation for the losses caused shall not free an enterprise, without the consent of the user, from the fulfillment of its obligations for supplying products, doing work and rendering services.

ARTICLE 100. Responsibilities for violations of rules of the use of nature, production safety rules, sanitary and hygienic norms and requirements An enterprise shall be liable to compensate for the damage, caused as a result of nonobservance of requirements for rational use of land and other natural resources, for protection of the environment from pollution and other hazardous effects, by violations of production safety rules, sanitary and hygienic norms and requirements for the protection of health of its workers, as well as shall pay a fine in the amount established by the legislation. Activities of an enterprise, violating the established rules of the use of nature, may be suspended according to the procedures, stipulated by the legislative acts of the Republic of Belarus, until the above violations have been eliminated.

CHAPTER 29. Enterprise supervision

ARTICLE 101. Auditing of financial and economic activities of an enterprise Comprehensive auditing of financial and economic activities of an enterprise may be made at the initiative of the property owner, but with a minimum interval of one year. The results of the auditing shall be reported to the enterprise.

ARTICLE 102. Supervision of specific activities of an enterprise Tax and other state bodies, that are made responsible by the legislative acts of the Republic of Belarus for supervising specific activities of an enterprise, may carry out such supervision when necessary and strictly within their competence. An enterprise shall have the right to neglect demands of these bodies, related to the issues, which are not within their competence, and to withhold materials, that are not related to the object of the supervision. The results of the inspections shall be reported to the enterprise. Enterprises, organizations, institutions and public unions, which have organized their cooperatives, shall exercise financial supervision of their activities.

CHAPTER 30. Relation between an enterprise and bodies of state administration and local self-government

ARTICLE 103. Relations between an enterprise and bodies of state administration and self-government Relations between an enterprise and bodies of state administration and local self-government shall be arranged in accordance with the present Law and other legislative acts of the Republic of Belarus, which establish the competence of these bodies.

ARTICLE 104. Participation of an enterprise in forming nonbudgetary special financial funds An enterprise shall have the right to participate, on a strictly voluntary basis, in formation of nonbugetary special financial funds of the Republic and of the local Soviets of Deputies.

ARTICLE 105. Participation of an enterprise in a complex economic and social development of the territory An enterprise shall participate in operations to implement the complex economic and social development of the territory, carried out by the local Soviet of Deputies using the means of the local budget. On a decision of the local Soviet of Deputies or of another state body an enterprise shall create from the means, provided by the above bodies, additional jobs, including specialized jobs for persons with limited ability to work, for employing citizens, who receive additional employment guarantees from the state.

SECTION 7. Liquidation and reorganization of an enterprise

CHAPTER 31. Terms and conditions of liquidation and reorganization of an enterprise

ARTICLE 106. Terms and conditions of liquidation and reorganization of an enterprise Activities of an enterprise may be terminated by means of its reorganization or liquidation. Liquidation and reorganization (merging, association, breakdown, separation, reformation) of an enterprise shall be done on a decision of its property owner or of a body, authorized to form such enterprises, or by a decision of a court of justice or the state arbitration. Reorganization of an enterprise, that may cause ecological, social, demographic and other consequences, affecting the interests of the population of the territory, shall be coordinated with a relevant local Soviet of Deputies. An enterprise shall be liquidated also in the following cases: when it is declared bankrupt; if a decision has been taken to ban the activities of an enterprise due to noncompliance with terms and conditions, established by the legislation, and it has not been able to comply with the above terms and conditions or change the type of its activities within the time period, established by the decision; if a court of justice has decided that the founding acts on the formation of the enterprise are invalid; on other grounds, stipulated by the legislative acts of the Republic of Belarus. An enterprise shall be deemed as reorganized or liquidated as of the day, it is excluded from the state Register of the Republic of Belarus.

ARTICLE 107. Guaranteeing rights of the workers dismissed When an enterprise is reorganized or liquidated, the rights and interests of the workers dismissed shall be guaranteed in accordance with the current legislation.

ARTICLE 108. Reorganization (merging, association, breakdown, separation, reformation) of an enterprise In the case, when an enterprise is merged with another enterprise, all property rights and obligations of each of them shall be transferred to an enterprise, formed as a result of merging. When an enterprise is associated to another enterprise, the latter shall receive all property rights and obligations of the associated enterprise. In the case of a breakdown of an enterprise the new enterprises, formed as a result of this breakdown, shall receive the property rights and obligations of the reorganized enterprise in accordance with the act of breakdown (balance sheet) and in relevant parts. When one or more new enterprises are separated from an enterprise, each of them shall receive property rights and obligations of the reorganized enterprise in accordance with the act of separation (balance sheet) and in relevant parts. When one enterprise is reformed into another enterprise, the newly formed enterprise shall receive all property rights and obligations of the prior enterprise.

ARTICLE 109. Liquidation commission Liquidation of an enterprise shall be carried out by a liquidation commission, organized by the body which has taken a decision on its liquidation. On its decision liquidation may be carried out by the enterprise itself, represented by its body of management. A body, authorized to form enterprises, that has taken a decision on the liquidation of an enterprise, shall establish the procedures and the timing for the liquidation, as well as the timing for creditors to make their claims, that shall constitute at least two months from the day, when liquidation was announced. A liquidation commission or another body, that carries out the liquidation of an enterprise, shall report about this within ten days to the Ministry of Finance of the Republic of Belarus and to the State Committee of the Republic of Belarus on Statistics and Analysis for excluding the enterprise from respective state registers of the Republic of Belarus, and make an official press publication in the area where the enterprise is located about its liquidation and about the procedures and the timing for creditors to make their claims. Together with this publication a liquidation commission or a body, that carries out the liquidation, shall do the necessary work, so as to recover receivables and disclose claims of creditors and inform the latter about the liquidation of the enterprise. A liquidation commission or body, that carries out the liquidation, shall estimate the value of the property, owned by the enterprise, being liquidated, settle with its creditors, compile a liquidation balance sheet and submit it to the property owner or the body, which has appointed the liquidation commission.

CHAPTER 32. Meeting claims of creditors

ARTICLE 110. Procedures for meeting claims Claims of creditors to an enterprise, being liquidated, shall be met with the property of this enterprise. In so doing, priority shall be given to budgetary debts and compensation of expenses, incurred for the recultivation of the lands, that were used by the enterprise, being liquidated. Claims, disclosed and made after the expiration of the time, determined for such claims, shall be met with the property of the enterprise, which was left after meeting priority claims, disclosed claims, and claims, made in due time. Claims, that have not been met due to lack of property, shall be deemed as covered. Claims, that have not been recognized by a liquidation commission or a body, carrying out the liquidation, shall be deemed as covered, if creditors, within one month from the day they received a notice of full or partial non-recognition of their claims, have not presented claims to a court of justice or the state arbitration to have their demands met.

ARTICLE 111.- Excluded

ARTICLE 112.-Excluded

ARTICLE 113. Assignment of rights of an enterprise, being reorganized When an enterprise is being reorganized, its rights and liabilities shall be assigned to its assignees.

DECREE OF THE SUPREME SOVIET OF THE REPUBLIC OF BELARUS

On the entry into force of the Law of the Republic of Belarus

"On Enterprises in the Republic of Belarus"

of 14 December 1990 Minsk The Supreme Soviet of the Republic of Belarus decrees the following:

1. The Law of the Republic of Belarus "On Enterprises in the Republic of Belarus" enters into force as of 1 January 1991; the second part of Article 70 for state-owned enterprises enters into force as of 1 January 1992.

2. Until the legislation of the Republic of Belarus has been brought into conformity with the Law of the Republic of Belarus "On Enterprises in the Republic of Belarus", the current legislation shall apply, unless it contradicts this Law; Until the legislative acts, regulating the issues of destatization, have been adopted, it is not allowed to change the status of a state-owned enterprise.

3. The Council of Ministers of the Republic of Belarus is charged to: by 1 January 1991, ensure that the ministries, state committees and departments of the Republic of Belarus review and annul the standard acts, that contradict the above Law; by 1 February 1991, work out and submit to the Supreme Soviet of the Republic of Belarus the procedures for the delegation of the rights of the property owner of a state-owned enterprise to the boards of management of these enterprises; by 1 March 1991, establish the list of types of economic activities, which require a permit (a license), as well as the procedures for acquiring licenses by enterprises; work out and adopt the list of types of products, work and services, which enterprises cannot freely use for their own needs, realize or exchange; by 1 June 1991, submit to the Supreme Soviet of the Republic of Belarus proposals on making the current legislative acts of the Republic of Belarus correspond to the Law of the Republic of Belarus "On Enterprises in the Republic of Belarus"; make the decrees and orders of the Government of the Republic of Belarus correspond to this Law; ensure the re-registration of the enterprises, which began their activities before the Law of the Republic of Belarus "On Enterprises in the Republic of Belarus" has entered into force.

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