Law of the Republic of Belarus “On State Statistics”

unofficial translation


LAW OF THE REPUBLIC OF BELARUS

November 28, 2004, No 345-З

On State Statistics



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

Amendments:

Law of the Republic of Belarus of January 4, 2008 No 309-3 (National Register of Legal Acts of the Republic of Belarus, 2008, Issue No 6, 2/1406);

Law of the Republic of Belarus of July 2, 2009 No 31-3 (National Register of Legal Acts of the Republic of Belarus, 2009, Issue No 161, 2/1583);

Law of the Republic of Belarus of July 13, 2016 No 397-З (National Legal Web Portal of the Republic of Belarus, 16.07.2016, 2/2395) – revised version

The present Law establishes the legal framework of the state statistics in compliance with the international principles of official statistics and aims at creating the conditions to meet the demand of the general public, the government and the international community for official statistical information.



CHAPTER 1
GENERAL PROVISIONS


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

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

Administrative data means documented information (except primary statistical data) collected by government bodies and other organisations while exercising their governmental and authoritative powers, administrative procedures, control (supervisory) and other functions vested in them by legal acts, that is used for the purposes of state statistical surveys and compilation of official statistical information;

State statistics means the system of collection, processing, storage and protection of primary statistical data, of compilation, accumulation, dissemination and presentation of official statistical information;

State statistical activities means the activities related to the maintenance of state statistics carried out by state statistics bodies and state organisations authorised to engage in state statistics (other producers of official statistical information) in compliance with the official statistical methodology;

State organisations authorised to engage in state statistics (other producers of official statistical information) means government bodies and other state organisations (except the state statistics bodies) that carry out state statistical activities in their respective area of competence;

State statistical surveys means the collections of primary statistical data undertaken by state statistics bodies and other producers of official statistical information for the purpose of compilation of official statistical information;

Unit of population under observation means a separate element of a population under observation whose characteristics are subject to state statistical survey;

Population under observation means selected in a certain order qualitatively homogeneous elements possessing characteristics subject to state statistical survey;

Decentralised state statistical surveys means the collections of primary statistical data undertaken by other producers of official statistical information;

Object of state statistical survey means a set of phenomena, processes, facts or events subject to state statistical survey;

Official statistical information means the information on economic, demographic, social and environmental situation in the Republic of Belarus compiled through the processing of primary statistical data and (or) administrative data in compliance with the official statistical methodology;

Official statistical methodology means a set of rules, methods and techniques employed for the purposes of state statistics;

Primary statistical data means statistical data about an individual respondent collected through state statistical survey forms;

Census means a special state statistical survey which collects primary statistical data as on specific date with a view to compile the official statistical information which comprehensively describes the object of state statistical survey;

User means a party to legal relations in state statistics who uses the official statistical information;

Statistical work programme means a list of state statistical surveys and official statistical information produced by state statistics bodies and other producers of official statistical information, with indication of timing of its preparation;

Respondent means a party to legal relations in state statistics, the primary statistical data thereon being the object of state statistical surveys;

Statistical classification means a systematised list of descriptions of a specific characteristic of an object of state statistical survey;

Statistical indicator means an indicator either contained in the state statistical survey forms or obtained by means of estimation on the basis of the official statistical methodology and reflecting a quantitative-qualitative characteristic of phenomena, processes, facts or events in the context of specific place and time;

Statistical register means a database containing a list of respondents along with the information about them required for the organisation and conducting of state statistical surveys and compilation of official statistical information;

Centralised state statistical surveys means the collections of primary statistical data undertaken by state statistics bodies.


Article 2. Relations regulated by the present Law

The present Law specifies the procedure of maintenance of state statistics and regulates the relations associated with the performance of state statistical activities.


Article 3. Legislation on state statistics

1. The legislation on state statistics is based on the Constitution of the Republic of Belarus and consists of the present Law and other acts of legislation.

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


Article 4. Main tasks of state statistics

The main tasks of state statistics shall be as follows:

  • Develop a sound official statistical methodology in compliance with the international statistical standards;

  • Carry out state statistical activities in compliance with the principles of state statistics;

  • Meet the needs of the general public, the government and the international community for official statistical information.


Article 5. Principles of state statistics

The principles of state statistics shall be as follows:

Independence in exercising state statistical activities;

Confidentiality of primary statistical data;

Soundness of official statistical methodology;

The burden on respondents should be proportionate to the user needs;

Relevance, timeliness, objectivity, accessibility and comparability of official statistical information.


Article 6. International co-operation in state statistics

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

2. The national public authority for state statistics, under the legally established procedure, shall represent the interests of the Republic of Belarus in the field of state statistics and shall effect co-operation in the field of statistics with statistical authorities of foreign states and international organisations.


Article 7. Interagency Council on State Statistics

1. In order to ensure the coordination of activities of the parties to legal relations in state statistics, the national public authority for state statistics shall set up the Interagency Council on State Statistics.

2. The Interagency Council on State Statistics shall be an advisory body. The statute of the Interagency Council on State Statistics and its personal membership shall be approved by the national public authority for state statistics.



CHAPTER 2
PARTIES TO LEGAL RELATIONS IN STATE STATISTICS,
THEIR RIGHTS AND OBLIGATIONS


Article 8. Parties to legal relations in state statistics

1. The parties to legal relations in state statistics shall be as follows:

1.1. State statistics bodies;

1.2. Other producers of official statistical information;

1.3. Respondents:

legal entities registered in the Republic of Belarus and their local units;

individual entrepreneurs registered in the Republic of Belarus;

representative offices of foreign organisations located in the territory of the Republic of Belarus;

citizens of the Republic of Belarus;

foreign citizens and stateless persons present in the territory of the Republic of Belarus;

1.4. Users:

government bodies;

other legal entities of the Republic of Belarus;

citizens of the Republic of Belarus, foreign citizens and stateless persons, including individual entrepreneurs;

foreign and international organisations.

2. Foreign citizens and stateless persons present in the territory of the Republic of Belarus shall be respondents of special state statistical surveys only (one-time surveys, censuses, surveys), unless otherwise prescribed by the legislative acts.


Article 9. System of state statistics bodies

1. The system of state statistics bodies shall consist of:

1.1. National public authority for state statistics;

1.2. Local state statistics bodies.

2.  The national public authority for state statistics shall pursue the state policy in the field of state statistics and exercise regulation, control and co-ordination of the activities of other government bodies and other organisations in this area.

3. The statistical departments of regions and Minsk City established by the national public authority for state statistics shall be the local state statistics bodies.

4. The structure of regional statistical departments shall include statistical units in districts and cities.

5. The local state statistics bodies shall be subordinate to the national public authority for state statistics and shall act in conformity with the statutes approved by this authority.

6. The national public authority for state statistics may set up, under the legally established procedure, organisations to:

6.1. ensure the functioning and maintenance of the information systems used by state statistics bodies;

6.2. disseminate the official statistical information and provide other information services on a payment basis;

6.3. perform other functions entrusted to state statistics bodies, except the functions associated with exercising governmental and authoritative powers.


Article 10. Rights and obligations of state statistics bodies

1. The state statistics bodies shall have the right to:

1.1. receive from government bodies and other organisations, free of charge, the information, including administrative data, required for the purposes of state statistical surveys and compilation of official statistical information;

1.2. receive, under the legally established procedure, the information from the Single State Register of Legal Entities and Individual Entrepreneurs, other registers (lists) and databases (databanks) maintained by government bodies and other state organisations; when carrying out checks, also from the databases (databanks) of the entities under check;

1.3. compile and maintain the Statistical Register;

1.4. receive from respondents, free of charge, unless otherwise provided for by legislation, primary statistical data, including the information the usage and/or provision of which is restricted, in the scope and on schedules specified in the state statistical survey forms;

1.5. collect, process and store personal data of individuals; receive personal data of individuals from government bodies and other organisations, as well as use such data without written consent of individuals, for the purposes of state statistical surveys and compilation of official statistical information;

1.6. receive from other producers of official statistical information, as prescribed by the national public authority for state statistics, free of charge, primary statistical data and official statistical information sourced from decentralised state statistical surveys;

1.7. check the validity of primary statistical data by matching them with primary records of accounting and other documents; visit for this purpose the grounds and premises (except residential premises) of government bodies, of other organisations (except organisations that enjoy diplomatic immunities under the international treaties to which the Republic of Belarus is a party) and local units thereof, as well as of individual entrepreneurs;

1.8. request from respondents required clarifications and materials in case data distortions are detected in state statistical reports;

1.9. provide respondents with mandatory instructions on how to rectify data distortions detected in state statistical reports and make corresponding revisions to the official statistical information;

1.10. take decisions, within the scope of their competence, that shall be binding on respondents, including changes in the procedure of primary data submission;

1.11. provide clarifications, including those in the mass media, on the organisation and maintaining of state statistics and the use of the official statistical methodology in the Republic of Belarus; comment on misuse or misinterpretation of official statistical information;

1.12. engage, under the legally established procedure, natural persons and legal entities in state statistical surveys;

1.13. effect co-operation in the field of statistics with statistical bodies of foreign states and international organisations;

1.14. disseminate official statistical information on a payment basis, unless otherwise prescribed by legislation, and provide other information services through organisations established by the national public authority for state statistics.

2. The state statistics bodies shall have the obligation to:

2.1. develop the official statistical methodology for centralised state statistical surveys and compilation of official statistical information in line with the international statistical standards;

2.2. organise and conduct centralised state statistical surveys;

2.3. provide respondents, free-of-charge, with blank forms (questionnaires) of centralised state statistical surveys and instructions for filling them out in a quantity required to submit the paper forms to the addresses specified therein, and/or provide respondents with the access to a specialised software for generating and submission of centralised state statistical survey forms in the form of electronic document;

2.4. exercise methodological guidance of centralised state statistical surveys;

 2.5. ensure confidentiality of primary statistical data and use thereof for the purpose of state statistics;

2.6. compile official statistical information;

2.7. provide official statistical information to government bodies as well as disseminate official statistical information among other users under the legally established procedure;

2.8. ensure equal access of users to official statistical information and methodology of its compilation;

2.9. exchange official statistical information with statistical authorities of foreign states as well as provide official statistical information under the international treaties to which the Republic of Belarus is a party;

2.10. ensure the maintenance of databases (databanks) of official statistical information.

3. The state statistics bodies shall also enjoy other rights and fulfil other duties provided for by the present Law and other acts of legislation.


Article 11. Rights and obligations of other producers of official statistical information

1. Other producers of official statistical information shall have the right to:

1.1. receive from respondents, free of charge, primary statistical data in the scope and on schedules specified in decentralised state statistical survey forms;

1.2. check the validity of primary statistical data provided by respondents in decentralised state statistical survey forms;

1.3. request from respondents required clarifications and materials in case data distortions are detected in state statistical reports;

1.4. provide respondents with mandatory instructions on how to rectify data distortions detected in state statistical reports and make corresponding revisions to the official statistical information;

2. Other producers of official statistical information shall have the obligation to:

2.1. develop the required official statistical methodology for decentralised state statistical surveys and compilation of official statistical information in line with the international statistical standards;

2.2. develop draft forms of decentralised state statistical surveys and instructions for filling them out, and submit them to the national public authority for state statistics for approval;

2.3. organise and conduct decentralised state statistical surveys;

2.4. exercise methodological guidance of decentralised state statistical surveys;

2.5. provide respondents, free-of-charge, with blank forms of decentralised state statistical surveys and instructions for filling them out in a quantity required to submit the paper forms to the addresses specified therein, and/or provide respondents with the access to a specialised software for generating and submission of decentralised state statistical survey forms in the form of electronic document

2.6. compile official statistical information;

2.7. transmit to state statistics bodies, free of charge, as prescribed by the national public authority for state statistics, primary statistical data and official statistical information drawn from conducted decentralised state statistical surveys;

2.8. ensure the maintenance of databases (databanks) of official statistical information;

2.9. ensure confidentiality of primary statistical data.

3. Other producers of official statistical information shall also enjoy other rights and fulfil other duties in the field of state statistics provided for by other acts of legislation.


Article 12. Rights and obligations of respondents

1. Respondents shall have the right to:

1.1. receive from state statistics bodies and other producers of official statistical information, free-of-charge, blank forms of state statistical surveys and instructions for filling them out in a quantity required to submit the paper forms to the addresses specified therein;

1.2. receive from state statistics bodies and other producers of official statistical information clarifications on the procedure of compilation and submission of primary statistical data.

2. Respondents shall have the obligation to:

2.1. provide, free of charge, unless otherwise prescribed for by legislation, primary statistical data in the course of state statistical surveys as prescribed by the national public authority for state statistics;

2.2. provide valid primary statistical data in the scope, on schedules, and to the addresses specified in state statistical survey forms, under the signature of persons responsible for the compilation and submission of these data, if the signature is required in the state statistical survey form;

2.3. make revisions to state statistical reports in case of data distortion in the manner prescribed by the national public authority for state statistics;

2.4. implement decisions of state statistics bodies and other producers of official statistical information taken within the scope of their competence.

3. Respondents shall also enjoy other rights and fulfil other duties provided for by the present Law and other acts of legislation.


Article 13. Rights and obligations of users

1. Users shall have the right to:

1.1. equal access to official statistical information and related official statistical methodology;

1.2. request and receive the official statistical information from state statistics bodies and other producers of official statistical information.

2. Users shall be obliged to use the official statistical information with mandatory indication of the data source.



CHAPTER 3
PERFORMANCE OF STATE STATISTICAL ACTIVITIES


Article 14. Planning of state statistical activities

1. In order to define the main areas of development of state statistics, the national public authority for state statistics shall develop, jointly with other producers of official statistical information, and approve the strategy for the development of state statistics, generally for a five-year term.

2. The state statistical activities shall be performed in compliance with the statistical work programme approved annually by the Council of Ministers of the Republic of Belarus.

3. The statistical work programme shall be developed by the national public authority for state statistics.

4. The decision on the introduction of amendments and/or additions to the statistical work programme shall be taken by the Council of Ministers of the Republic of Belarus on the proposal of the national public authority for state statistics.


Article 15. Financing of state statistical activities

1. The state statistical activities shall be financed from the national budget and from other sources not prohibited by legislation.

2. State statistical surveys that are not included in the statistical work programme shall be organised and conducted out of the funds envisaged for these purposes for the government bodies, in compliance with the legislation, as well as out of the funds of organisations initiating these surveys.


Article 16. Inadmissibility of interference into state statistical activities

Interference of government bodies and other legal entities, of officials and other natural persons in state statistical activities shall be prohibited.


Article 17. Maintenance of state statistics

1. State statistics in the Republic of Belarus shall be maintained by the state statistics bodies and other producers of official statistical information in compliance with their area of competence.

2. The state statistics bodies shall maintain state statistics on the basis of the forms of centralised state statistical surveys and instructions for filling them out and/or by using administrative data, as well as in compliance with the methods of compilation and calculation of statistical indicators and instructions for the organisation and conducting of state statistical surveys approved by the national public authority for state statistics, and/or in compliance with the international statistical standards and recommendations.

3. Other producers of official statistical information shall maintain state statistics within the scope of their competence using the forms of decentralised state statistical surveys and instructions for filling them out approved by the national public authority for state statistics and/or by using administrative data, as well as in compliance with the methods of compilation and calculation of statistical indicators and instructions for the organisation and conducting of state statistical surveys approved by them upon endorsement by the national public authority for state statistics, and/or in compliance with the international statistical standards and recommendations.

4. The procedure of submission of decentralised state statistical survey forms and associated instructions for approval; of endorsement of methods of compilation and calculation of statistical indicators and instructions for the organisation and conducting of state statistical surveys shall be established by the national public authority for state statistics.


Article 18. State statistical surveys

1. State statistical surveys shall be conducted by means of the of centralised and decentralised state statistical survey forms.

2. State statistical surveys can be exhaustive (covering all units of the population under observation) or sample (covering selected units of the population under observation), systematic (conducted on a regular basis) and special (ad-hoc, censuses, surveys).

The type of a state statistical survey is determined by the national public authority for state statistics.

Decisions on conducting censuses with the indication of the related date and timing shall be taken by the President of the Republic of Belarus on the proposal of the national public authority for state statistics.

3. The state statistical survey forms (i.e. questionnaires) shall be as follows:

3.1. State statistical report;

3.2. Self-completion questionnaire;

3.3. Questionnaire to be completed by interviewer;

3.4. Census questionnaire;

3.5. Other state statistical survey forms.

4. Legal entities and natural persons can be engaged in state statistical surveys under the legally established procedure.

5. In the course of state statistical surveys primary statistical data can be collected in the following ways:

5.1. provision of primary statistical data by respondents;

5.2. interview of respondents;

5.3. recording of primary statistical data.

6. The method of collection of primary statistical data shall be determined by the national public authority for state statistics.


Article 19. Use of classifications in state statistical activities

1. When organising and conducting state statistical surveys and compiling the official statistical information, international and interstate classifications, national classifications of the Republic of Belarus and statistical classifications shall be used.

2. The national public authority for state statistics shall:

2.1. develop, approve, maintain and use statistical classifications in accordance with the procedure established by this authority;

2.2. develop and maintain national classifications of the Republic of Belarus used in state statistical activities and assigned thereto;

2.3. endorse, within the scope of its competence, draft national classifications of the Republic of Belarus used in state statistical activities and assigned to other national government authorities, and changes thereto;

2.4. coordinate the use of national classifications of the Republic of Belarus in state statistical surveys and compilation of official statistical information.


Article 20. Compilation and maintenance of Statistical Register

1. For the purpose of state statistical surveys and compilation of official statistical information the state statistics bodies shall compile and maintain the Statistical Register.

2. The Statistical Register shall be maintained on the basis of the information provided in the manner prescribed by the present Law and other acts of legislation of the Republic of Belarus, including the information from the Single State Register of Legal Entities and Individual Entrepreneurs, other registers (lists) and databases (databanks) maintained by government bodies and other state organisations.


Article 21. Confidentiality of primary statistical data

1. Primary statistical data, except primary statistical data the access to, dissemination and (or) provision of which is not restricted under the legislative acts, shall be confidential and shall be used in state statistical activities.

2. Primary statistical data may be disseminated upon written consent of the respondent who provided these data.

3. Request of primary data from state statistics bodies and other producers of official statistical information by government bodies and other legal entities, officials and other natural persons without written consent of respondent shall be prohibited, except the following cases of primary data request:

3.1. anonymised data and data not allowing for identification of respondent, for research purposes;

3.2. in respect to subordinate (incorporated) state organisations as well as organisations whose equities (shares in statutory fund) are owned by the government and are placed under management;

3.3. primary data of a legal entity requested by regulatory (supervisory) body undertaking control of the compliance with the procedure of state statistical reports submission; by criminal prosecution authority or court on cases in charge.

4. The procedure of dissemination and (or) provision of primary statistical data by state statistics bodies in accordance with paragraphs 2 and 3 of the present Article as well as of their storage, protection and use shall be established by the national public authority for state statistics.

5. The officials of government bodies and other legal entities who have received primary statistical data as well as individuals who, by virtue of office or occupation, have had access to primary statistical data, may not disclose or disseminate primary statistical data to third parties without written consent of respondent, except for cases stipulated by the present Law, and may not use these data for the purposes not directly associated with their work and/or office duties.


Article 22. Dissemination and (or) provision of official statistical information

1. State statistics bodies and other producers of official statistical information shall disseminate and (or) provide the official statistical information to users in the manner prescribed by the present Law and other acts of legislation.

The official statistical information, except the information the dissemination and (or) provision of which is restricted, shall be publicly accessible.

The official statistical information shall be disseminated and (or) provided to users via statistical publications, mass media and official websites of state statistics bodies and other producers of official statistical information on the Internet as well as under the concluded contracts (agreements) and on user requests.

2. The procedure of dissemination and (or) provision to users of official statistical information compiled by the state statistics bodies shall be established by the national public authority for state statistics.



CHAPTER 4
LIABILITY FOR VIOLATION OF STATE STATISTICS LEGISLATION


Article 23. Liability for infringement upon submission procedure of state statistical reporting data

Officials and other authorised persons, individual entrepreneurs shall be liable, under legislative acts, for untimely submission, non-submission and misreporting of state statistical reporting data.


Article 24. Liability for breach of confidentiality of primary statistical data

Officials and other employees of state statistics bodies and other producers of official statistical information, officials of government bodies and other legal entities who have received primary statistical data, as well as other persons who by virtue of office or occupation have had access to primary statistical data shall be liable, under legislative acts, for their loss or disclosure.

President of the Republic of Belarus

A.Lukashenko


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