Introduced by the Council of Ministers
of the Republic of Belarus

LAW OF THE
REPUBLIC OF BELARUS
On State Statistics

<

On State Statistics

Adopted by the Chamber of Representatives 29 October 2004
Approved by the Council of the Republic 10 November 2004

SECTION 1

GENERAL PROVISIONS

Article 1. Main terms applied for the purposes of the present Law,  and their definitions

For the purposes of the present Law, the following terms and definitions shall apply:

state statistics – the system of collection, processing, compilation, accumulation, storage, protection, presentation, dissemination, and use by state statistics authorities and authorized state organizations of primary statistical data and summary statistical data (information) on economic, demographic, social, and ecological situation in the Republic of Belarus (hereinafter referred to as statistical data (information);

state statistical activity – activity related to the development, improvement, and use of statistical methodology as well as to the organization and maintenance of state statistics;

state statistical observations – collection and processing of primary statistical data carried out by state statistics authorities and authorized state organizations;

non-centralized state statistical observations – collection and processing of primary statistical data carried out by authorized state organizations;

state statistics authorities – central governmental authority in the field of state statistics and territorial bodies of state statistics created by it;

primary statistical data – statistical data on a concrete respondent submitted to state statistics authorities and authorized state organizations through the forms of state statistical observations;

keeping primary records – registration of objects, facts, events, and processes in a primary record document, which is the source of information for accounting;

plan of the summary statistical information release - the list of statistical books, bulletins, and other information and analytical materials on economic, demographic, social, and ecological situation in the Republic of Belarus, the dates of release by the central governmental authority in the field of state statistics being indicated;

plan of statistical work – the list of state statistical observations and other statistical activities organized by state statistics authorities, their execution period being indicated;

user – state bodies, legal entities and natural persons, including individual entrepreneurs, foreign citizens, persons without citizenship, foreign and international legal entities that use statistical data (information);

respondent – subject of legal relations in the field of state statistics, primary statistical data on which being the object of state statistical observations in the manner prescribed by the legislation of the Republic of Belarus.

summary statistical data (information) – the information on economic, demographic, social, and ecological situation in the Republic of Belarus obtained through processing and compiling primary statistical data;

statistical methodology – the set of methods, rules and techniques that are used for the organization and maintenance of state statistics;

statistical indicator – an indicator either contained in the forms of state statistical observations or calculated on the basis of methods approved by the central governmental authority in the field of state statistics;

statistical register – the list of respondents containing the information required for the organization of state statistical observations;

authorized state organizations – state bodies (organizations), excluding state statistics authorities, that maintain state statistics related to the organizations subordinate to them (under their authority) as well as to the issues falling within their competence;

centralized state statistical observations – collection and processing of primary statistical data performed by state statistics authorities.

Article 2. Relations regulated by the present Law

The present Law shall specify the manner of the organization and maintenance of state statistics in the Republic of Belarus, and regulate the relations associated with the performance of state statistical activity.

Article 3. Legislation of the Republic of Belarus

on state statistics

1. The legislation of the Republic of Belarus on state statistics shall be based on the Constitution of the Republic of Belarus and shall consist of the present Law and other acts of legislation of the Republic of Belarus.

2. In case the international agreements, to which the Republic of Belarus is a party, establish regulations other than those contained in the present Law, the regulations of the international agreements shall apply.

Article 4. Main tasks of state statistics

The main tasks of state statistics shall be as follows:

development of science-based methodology and its improvement in compliance with the national and international standards in the field of statistics;

collecting, processing, compiling, accumulation, storage and protection of statistical data (information) on the basis of statistical methodology;

dissemination of summary statistical data (information).

Article 5. Main principles of state statistics

The main principles of state statistics shall be as follows:

scientific validity and objectivity of statistical data (information);

relevance and timeliness of statistical data (information);

confidentiality of primary statistical data;

comparability of statistical data (information);

accessibility and openness of summary statistical data (information);

professionalism and independence in performing state statistical activity.

Article 6. International co-operation in the field

of state statistics

1. International co-operation in the field of state statistics shall be effected in compliance with the legislation of the Republic of Belarus on the basis of observance of the generally recognized principles and norms of the international law.

2. The central governmental authority in the field of state statistics, in the established by the legislation of the Republic of Belarus manner, shall represent and protect the interests of the Republic of Belarus in the field of state statistics, and effect co-operation in the field of statistics with statistical agencies of other states and international organizations.

SECTION 2

SUBJECTS OF LEGAL RELATIONS IN THE FIELD OF STATE

STATISTICS, THEIR RIGHTS AND OBLIGATIONS

Article 7. Subjects of legal relations in the field

of state statistics

  1. Subjects of legal relations in the field of state statistics shall be as follows:
    1. state statistics authorities;
    2. authorized state organizations;
    3. respondents:

legal entities and their separate subdivisions that are situated in the territory of the

Republic of Belarus;

legal entities and their separate subdivisions that were created with the participation of

legal entities of the Republic of Belarus and are situated outside of its territory;

representations of foreign organizations that are situated in the territory of the Republic of Belarus.

2. Natural persons, including individual entrepreneurs, foreign citizens and persons without citizenship shall be respondents only of special state statistical observations (one-time recording, censuses, surveys), unless otherwise prescribed by the legislative acts of the Republic of Belarus.

Article 8. System of state statistics

  1. The system of state statistics shall include:
    1. central governmental authority in the field of state statistics;
    2. territorial bodies of state statistics.
  2. The central governmental authority in the field of state statistics shall pursue the

policy of the state, govern the state statistics in the Republic of Belarus, and co-ordinate the activities in this field.

3. Territorial bodies of state statistics shall be bodies created by the central governmental authority in the field of statistics in the corresponding administrative-territorial units. Territorial bodies of state statistics shall include regional statistical offices and the Minsk city statistical office.

4. The structure of regional statistical offices and the Minsk city statistical office shall include statistical offices in districts, cities ant towns (districts of the Minsk-city).

5. Territorial bodies of state statistics shall be subordinate to the central governmental authority in the field of state statistics and act in conformity with the provisions that shall be approved by this authority.

6. The central governmental authority in the field of state statistics, to exercise the functions vested in it, may create organizations in the manner prescribed by the legislation of the Republic of Belarus.

Article 9. Rights and obligations of state statistics authorities

1. State statistics authorities shall have the right to:

1.1. engage legal entities and natural persons in conducting state statistical observations in the manner prescribed by the central governmental authority in the field of state statistics;

1.2. receive from respondents, in the manner prescribed by the central governmental authority in the field of state statistics, primary statistical data to the extent and within the deadlines indicated in the state statistical observation forms;

1.3. verify the integrity of primary statistical data by comparing them to the data in primary records; visit for this purpose production, service, and other buildings and premises of legal entities and their separate subdivisions as well as buildings and premises where individual entrepreneurs carry out their entrepreneurial activities;

1.4. provide respondents with mandatory instructions on how to eliminate the detected distortions in the data of state statistical observations, and make the corresponding changes to summary statistical data (information);

1.5. draw up, within their competence, protocols on administrative violations in the manner prescribed by the legislative acts of the Republic of Belarus;

1.6. make decisions, within their competence, that shall be binding upon respondents;

1.7. obtain, in the manner prescribed by the legislation of the Republic of Belarus, the information from the Single State Register of Legal Entities and Individual Entrepreneurs and other registers (records) that are maintained by the central governmental authorities and other state bodies subordinate to the Council of Ministers of the Republic of Belarus;

1.8. develop and keep a statistical register;

1.9. receive from state bodies (organizations) the information required for the organization and conducting of state statistical observations and compilation of summary statistical data (information);

1.10. provide clarifications, including those in the mass media, on the organization and maintaining of state statistics in the Republic of Belarus;

1.11. effect co-operation in the field of statistics with statistical offices of other countries and international organizations;

1.12. disseminate summary statistical data (information) on a payment basis, unless otherwise prescribed by the legislation of the Republic of Belarus, and render other information services in the manner prescribed by the legislation of the Republic of Belarus.

2. State statistics authorities shall be obliged to:

2.1. develop and improve statistical methodology in compliance with national and international standards in the field of statistics;

2.2. organize and conduct state statistical observations;

2.3. provide methodological guidance for the organization and conducting of centralized state statistical observations;

2.4. process primary statistical data using modern information technologies;

2.5. provide users with summary statistical data (information) in the manner prescribed by the legislation of the Republic of Belarus;

2.6. exchange summary statistical data (information) with statistical agencies of other states as well as provide international organizations with summary statistical data (information) in compliance with the international agreements of the Republic of Belarus;

2.7. provide respondents on a gratis basis with blank forms of centralized state statistical observations together with the instructions on their completing in a quantity required to submit the forms to the addresses indicated in them;

2.8. ensure accumulation, storage and protection of statistical data (information);

2.9. ensure confidentiality of primary statistical data and their use for the purposes of state statistics;

2.10. preserve state secrets as well as commercial, personal, and other secrets protected by the legislation of the Republic of Belarus.

3. State statistics authorities shall also enjoy other rights and exercise other duties provided for by other acts of legislation of the Republic of Belarus.

Article 10. Non-interference into state statistical activity

Illegal interference into the state statistical activity shall not be permitted.

Article 11. Rights and obligations of authorized state organizations

1. Authorized state organizations shall have the right to:

1.1. engage legal entities and natural persons in conducting state statistical observations in the manner prescribed by the central governmental authority in the field of state statistics;

1.2. receive from respondents, in the manner prescribed by the central governmental authority in the field of state statistics, primary statistical data to the extent and within the deadlines indicated in the state statistical observation forms;

1.3. verify the integrity of primary statistical data provided by respondents by comparing them to the data in primary records.

2. Authorized state organizations shall be obliged to:

2.1. develop draft forms of non-centralized state statistical observations and instructions for their completing, and submit them to the central governmental authority in the field of state statistics for approval;

2.2. provide methodological guidance for the organization and conducting of non-centralized state statistical observations;

2.3. collect and process primary statistical data using the forms of non-centralized state statistical observations;

2.4. provide state statistics authorities, upon their request, with summary statistical data (information) obtained as a result of non-centralized state statistical observations;

2.5. provide respondents on a gratis basis with blank forms of non-centralized state statistical observations together with the instructions on their completing in a quantity required to submit the forms to the addresses indicated in them;

2.6. ensure accumulation, storage and protection of statistical data (information);

2.7. exercise control over primary records in the organizations that are subordinate to them (under their supervision) and are respondents;

2.8. ensure confidentiality of primary statistical data;

2.9. preserve state secrets as well as commercial, personal, and other secrets protected by the legislation of the Republic of Belarus.

3. Authorized state organizations shall also enjoy other rights and exercise other duties provided for by other acts of legislation of the Republic of Belarus.

Article 12. Rights and obligations of respondents

1. Respondents shall have the right to:

1.1. obtain on a gratis basis from state statistics authorities and authorized state organizations blank forms of state statistical observations together with the instructions on their completing in a quantity required to submit the forms to the addresses indicated in them;

1.2. obtain from state statistics authorities and authorized state organizations, in the manner prescribed by them, primary statistical data accumulated on the respective respondent;

1.3. obtain and make use of summary statistical data (information) in the manner prescribed by the present Law and other acts of legislation of the Republic of Belarus.

2. Respondents shall be obliged to:

2.1. provide primary statistical data on a gratis basis for the purposes of state statistical observations unless otherwise prescribed by the legislation of the Republic of Belarus,;

2.2. submit reliable primary statistical data signed by the persons responsible for the compilation and submission of these data, to the extent, within the deadlines, and to the addresses indicated in the state statistical observation forms;

2.3. implement the decisions of state statistics authorities and authorized state organizations made within their competence.

3. Respondents shall also enjoy other rights and exercise other duties provided for by other acts of legislation of the Republic of Belarus.

SECTION 3

PERFORMANCE OF STATE STATISTICAL ACTIVITY

Article 13. Maintaining state statistics

1. State statistics in the Republic of Belarus shall be maintained by state statistics authorities and authorized state organizations in conformity with their jurisdiction.

2. State statistics authorities shall maintain state statistics on the basis of the forms of centralized state statistical observations in conformity with the instructions on their completing, methods of the compilation and calculation of statistical indicators, and instructions on the organization and conducting of incomplete (sample) state statistical observations that shall be approved by the central governmental authority in the field of state statistics.

3. Authorized state organizations shall maintain state statistics within their competence using the developed by them forms of non-centralized state statistical observations and instructions on their completing that should be approved by the central governmental authority in the field of state statistics.

Article 14. Planning the activity of state statistics authorities

The activity of state statistics authorities shall be performed on the basis of the plan of statistical work and plan of the summary statistical information release that shall be approved in the manner prescribed by the Council of Ministers of the Republic of Belarus.

Article 15. Financing the activity of state statistics authorities

1. The activity of state statistics authorities shall be financed from the funds of the republican budget and other sources that are not prohibited by the legislation of the Republic of Belarus.

2. Centralized state statistical observations that are not included into the plan of statistical work and plan of the summary statistical information release, shall be organized and conducted from the funds envisaged for the state bodies for these purposes, in conformity with the legislation of the Republic of Belarus, as well as from the funds of organizations that initiate these observations.

Article 16. State statistical observations

1. State statistical observations shall be conducted on the basis of the forms of state statistical observations in conformity with the instructions on their completing, methods of the compilation and calculation of statistical indicators, and instructions on the organization and conducting of incomplete (sample) state statistical observations.

2. Centralized and non-centralized state statistical observations, depending on the procedure of collecting and processing primary statistical data, can be either total or incomplete (sample), systematic (conducted on a regular basis), and special.

3. The forms of state statistical observations shall be:

3.1. a state statistical reporting form;

3.2. an inquiry form;

3.3. a questionnaire;

3.4. an enumeration form;

3.5. other forms of state statistical observations that shall be approved by the central governmental authority in the field of state statistics.

4. Legal entities and natural persons can be engaged into the state statistical observation activity in the manner prescribed by the central governmental authority in the field of state statistics.

SECTION 4

SUBMISSION, DISSEMINATION AND USE

OF STATISTICAL DATA (INFORMATION)

Article 17. Submission of primary statistical data

1. Respondents shall submit primary statistical data through the forms of state statistical observations.

2. On conducting state statistical observations, the provision of primary statistical data shall be binding upon respondents and shall be performed on a gratis basis, unless otherwise prescribed by the legislation of the Republic of Belarus.

Article 18. Dissemination and use of statistical data (information)

1. State statistics authorities and authorized state organizations shall disseminate summary statistical data (information) among uses in the manner prescribed by the present Law and other acts of legislation of the Republic of Belarus.

2. The following categories may also be subject to dissemination:

2.1. depersonalized primary statistical data that do not allow identifying individual respondents;

2.2. information on the name, location, telephone numbers, types of activity, and ownership forms of legal entities and their separate subdivisions.

3. Primary statistical data shall be confidential and shall be used for compiling summary statistical data (information). Dissemination of primary statistical data shall be permitted upon condition that the written consent of the respondent who submitted these data is given.

4. Summary statistical data (information) shall be used for the purposes of state administration, scientific research, and for informing users.

5. Statistical data (information) that contain state secrets as well as commercial, personal and other secrets protected by the legislation of the Republic of Belarus shall not be subject to disclosure and shall be protected in the manner prescribed by the legislation of the Republic of Belarus.

Article 19. Compiling and keeping statistical register

State statistics authorities shall compile and keep a statistical register on the basis of the information submitted in the manner prescribed by the present Law and other legislation of the Republic of Belarus as well as obtained from the Single State Register of Legal Entities and Individual Entrepreneurs, and other registers (records) that are kept by the central governmental authorities and other state bodies subordinate to the Council of Ministers of the Republic of Belarus.

SECTION 5

LIABILITY FOR VIOLATING THE LAW OF THE REPUBLIC OF BELARUS

IN THE FIELD OF STATE STATISTICS

Article 20. Liability for infringing the procedure of data submission

and distorting the data of state statistical reporting

Officials and other authorized persons as well as individual entrepreneurs shall bear liability, in conformity with the legislation of the Republic of Belarus, for infringing the procedure of data submission, and distorting the data of state statistical reporting.

Article 21. Liability for violations committed while performing

state statistical activity

Officials and other employees of state statistics authorities and authorized state organizations shall bear liability, in conformity with the legislation of the Republic of Belarus, for violations committed while performing state statistical activity.

SECTION 6

FINAL PROVISIONS

Article 22. Coming into force

The present Law shall come into force ten days after its official publication.

Article 23. Bringing the acts of legislation of the Republic of Belarus

into conformity with the present Law

To the Council of Ministers of the Republic of Belarus: to ensure bringing the acts of legislation of the Republic of Belarus into conformity with the present Law within six months after the present Law comes into force.

Article 24. Recognition of the legislative act as ceased to be in force

In connection with the adoption of the present Law, the Law of the Republic of Belarus of 17 February 1997 “On state statistics” (Journal of National Assembly of the Republic of Belarus, 1997, Ή7, article 164) shall be recognized as ceased to be in force.

 

President of the Republic of Belarus                                                                                         Alexander G. Lukashenko