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ON THE CENTRE
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RULE-MAKING ACTIVITY
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PREPARING OF DRAFTS OF LEGAL NORMATIVE ACTS
       Computer-aided system for preparing drafts of legal normative acts
       Methodical supervision of preparing drafts of legal acts
EXPERT EXAMINATION
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       Compulsory juridical expert examination
       Peculiarities of implementation of the compulsory juridical expert examination by the Centre
       Criminological expert examination
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       The Code of Laws
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INTERNATIONAL COOPERATION


 Criminological expert examination

On 29 May 2007 the President of the Republic of Belarus signed the Edict No 244 approving the regulations on the procedure of implementing the criminological expert examination of draft laws of the Republic of Belarus.

The criminological expert examination foresees a thorough analysis of draft laws of the Republic of Belarus from the point of view of their content in order to ascertain the presence of legal norms the implementation of which could entail criminogenic consequences in the financial and economic spheres relating to the areas of law enforcement (including the fighting against criminality and corruption), of public service, social care, public health, education, environmental protection, nature resources conservation and in other spheres.

The criminological expert examination of draft laws shall be carried out by the public institution Scientific and Practical Centre for issues of Strengthening Legality and Legal Order under the General Office of the Prosecutor of the Republic of Belarus.

The criminological expert examination of draft laws shall usually be carried out after implementing the compulsory juridical expert examination of any draft law. However, the criminological expert examination of draft laws submitted to the President of the Republic of Belarus for the subsequent forwarding (concordance of forwarding) to the House of Representatives of National Assembly of the Republic of Belarus should be carried out before their submitting to the Head of State in accordance with the established procedure.

The Statute on the procedure of the criminological expert examination of draft laws of the Republic of Belarus establishes the list of required documents enclosed to any draft law. There have also been established the terms of implementing the criminological expert examination as follows: a month term from the day of reception of the draft law with accompanying forms by the Scientific and Practical Centre unless otherwise stipulated by the President of the Republic of Belarus, by the Administration of the President of the Republic of Belarus; the implementing of the criminological expert examination of draft laws the consideration of which in the House of Representatives of National Assembly of the Republic of Belarus can or has been declared urgent, foresees a three days term from the day of reception of the draft law with accompanying forms by the Scientific and Practical Centre.

After summarizing the results of the criminological expert examination of draft law there shall be drawn up un expert opinion which should contain not only an assessment of draft law but also indications of presence or absence of legal norms the implementation of which could entail criminogenic consequences, as well as science-based proposals concerning the elimination of defects ascertained in the draft law (in case of presence of the above legal norms).

The expert opinion resulting from the criminological expert examination of a draft law shall be submitted to a compulsory consideration by the respective subject of legislative initiative (a State authority, the Administration of the President of the Republic of Belarus). In case when the above expert opinion contains indications to the presence of legal norms the implementation of which could entail criminogenic consequences the respective subject of legislative initiative (a State authority submitting the draft law to the consideration by the President of the Republic of Belarus) shall organize the completion of the draft law which is subsequently to be specified by interested State authorities and repeated juridical and criminological expert examinations curried out according to the Statute on the procedure of the criminological expert examination of draft laws. In case when the above expert opinion on the draft law with amendments and/or additions submitted to the House of Representatives of National Assembly of the Republic of Belarus and duly assigned for coordination to the legal subject of legislative initiative contains indications to the presence of legal norms the of implementation of which could entail criminogenic consequences, the respective legal subject of legislative initiative (the Administration of the President of the Republic of Belarus or an authority empowered by the President of the Republic of Belarus) shall lay down observations and proposals on completion (or abrogation) of corresponding dispositions of the draft law.

PRESENTATION

Contact information
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220050 Minsk
Republic of Belarus
tel.: +375-17-200 12 25
fax: +375-17-222 40 96
e-mail: center@pmrb.gov.by




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