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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of April 30, 2013 No. 336

About approval of the Regulations on procedure for transfer to utility property of objects in case of acceptance by state body decisions on impossibility of determination of the making organization (impossibility of acceptance of objects)

According to part nine of article 98 of the Law of the Republic of Belarus of July 13, 2012 "About economic insolvency (bankruptcy)" the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the enclosed Regulations on procedure for transfer to utility property of objects in case of adoption by state body of the decision on impossibility of determination of the accepting organization (impossibility of acceptance of objects).

2. This resolution becomes effective since May 1, 2013.

Prime Minister of the Republic of Belarus M. Myasnikovich

 

Approved by the Resolution of Council of Ministers of the Republic of Belarus of April 30, 2013 No. 336

Regulations on procedure for transfer to utility property of objects in case of acceptance by state body decisions on impossibility of determination of the making organization (impossibility of acceptance of objects)

1. This Provision determines procedure for transfer in the procedure of bankruptcy proceedings to utility property of objects in case of adoption by state body of the decision on impossibility of determination of the accepting organization (impossibility of acceptance of objects).

2. For the purposes of this Provision the terms "anti-recessionary managing director", "debtor" and "bankruptcy proceedings" are applied in the values established in the Law of the Republic of Belarus of July 13, 2012 "About economic insolvency (bankruptcy)" (The national legal Internet portal of the Republic of Belarus, 24.07. 2012, 2/1967), and also the following terms and their determinations are used:

objects - the objects of the state housing stock, objects which are only in property of the state and also the objects transferred to free use or lease according to the legislation on privatization being in republican property;

the state body - republican state body, other state organization subordinated to the Government of the Republic of Belarus the National Bank, Administration of the President of the Republic of Belarus, National academy of Sciences of Belarus, other state body, the organization subordinated to the President of the Republic of Belarus under supervision (structure) of which is the debtor or which are authorized to manage shares (shares in authorized funds) of the debtor (exercise possessory supervision);

the accepting organization - the organization which according to the decision of state body or regional executive committee (Minsk Gorispolkom) takes objects in economic maintaining, operational management or free use.

3. The state body which made the decision on impossibility of determination of the making organization (impossibility of acceptance of objects) no later than five days from the date of adoption of the specified decision sends its copy to the anti-recessionary managing director (in duplicate).

4. The anti-recessionary managing director no later than seven days from the date of receipt of the copy of the decision specified in Item 3 presents of the Provision shall send the notification on objects with application of a copy of this decision to regional executive committee (The Minsk Gorispolkom) in the territory of which there are objects.

5. The regional executive committee (The Minsk Gorispolkom) within thirty days from the date of receipt of the notification of the anti-recessionary managing director shall make the decision on determination of the accepting organization and no later than five working days from the date of its acceptance in writing to inform the anti-recessionary managing director and state body.

6. The decision on transfer of objects to utility property is made according to the procedure, the provided legal acts for the order by state-owned property, including the state housing stock and if concerning objects such procedure is not provided by legal acts, - state body. The state body sends the copy of the specified decision to the anti-recessionary managing director and to regional executive committee (The Minsk Gorispolkom).

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