Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of August 1, 2019 No. 288

About special premises

For the purpose of streamlining of use of special premises of the state housing stock in office and public buildings of bodies and divisions for emergency situations, including in buildings of fire stations (further - special premises):

1. Determine that:

1.1. employment contracts of special premises of the state housing stock (further - the employment contract) according to the procedure and on the conditions determined in appendix consist with the employers who were employers living in the specified premises for August 1, 2019 (further - employers) from among citizens:

not consisting for April 1, 2014 in the employment (office) relationships with bodies and divisions for emergency situations (except for the citizens who stopped the employment (office) relations on the bases recognized by the discrediting circumstances of dismissal) or being for the specified date pensioners *;

dismissed for April 1, 2019 with pension entitlement from service from bodies and divisions for emergency situations for age, disease, in connection with disease, on the limited state of health;

______________________________

* The employment contract is signed with pensioners after the termination of the employment (office) relationships by them with bodies and divisions for emergency situations.

1.2. use of special premises and agreement cancelation of hiring are performed according to the procedure and on the conditions determined in appendix.

2. To Council of Ministers of the Republic of Belarus to take measures for implementation of this Decree.

3. To provide to the Ministry of Emergency Situations till October 1, 2019 the conclusion with employers of employment contracts according to this Decree.

4. Provide to local executive and administrative organs recovery on accounting of the housing conditions needing improvement at the place of residence of employers on whom the decision on removal from this accounting or transfer of priority in connection with accommodation in special premises, from the date of their initial statement on such accounting is made.

5. This Decree becomes effective after its official publication.

President of the Republic of Belarus

A. Lukashenko

Appendix

to the Presidential decree of the Republic of Belarus of August 1, 2019 No. 288

Procedure and conditions of the conclusion, agreement cancelation of hiring and use of special premises

1. Employment contracts are signed with employers for five-year term.

2. Condition of the conclusion of the employment contract is absence at the employer and (or) family members living together with it in property and (or) in ownership and use of the normalized premises and the facts of deterioration in the housing conditions within five years to the conclusion of the employment contract.

3. The employment contract for new term is signed with the employer of special premises who was properly fulfilling the duties after the duration of the agreement of hiring.

4. The body or division for emergency situations in which operational management there are special premises (further - the lessor), informs the employer on need of the conclusion of the employment contract the registered mail with the return notification or transfers it this notice under list.

The employer notified on need of the conclusion of the employment contract or his representative, the representative in accordance with the established procedure, within fifteen calendar days from the date of receipt of the notice shall file to the lessor the written application about the conclusion of the employment contract. In case of submission of this statement by the employer documents according to the procedure, the housing conditions needing the improvement established for acceptance of citizens on accounting are requested and submitted.

The specified term is prolonged for the period during which the employer had reasonable excuse interfering it to address the lessor (disease, stay outside the settlement, other reasonable excuse), in case of its documentary confirmation.

5. Not address of the employer or his representative to the lessor within fifteen calendar days from the date of receipt of the notice, and also the refusal of receipt of the notice fixed in the procedure established by the legislation are considered as refusal of the employer of the conclusion of the employment contract.

6. From the date of the conclusion of employment contracts earlier signed employment contracts stop the action.

7. In case of lack of the bases for the conclusion of the employment contract according to this Decree or refusal of the employer of the conclusion of the employment contract it shall exempt the occupied special premises with all family members living together with it from the date of the proper notice the lessor about release of these premises in a month.

The proper notice is the direction to the employer in the location of special premises the registered mail with the return notification of the requirement about release of special premises or delivery of this requirement to the employer under list.

In case of refusal of release of special premises the citizens specified in part one of this Item are subject to eviction judicially without provision of other premises.

8. The employment contract is subject to termination, and the citizens living in special premises are subject to eviction judicially without provision of other premises in cases:

acquisition in property and (or) obtaining in ownership and use of the employer and (or) the members of the family of the normalized premises living together with it;

deteriorations by employers and (or) the members of the family of the housing conditions living together with them.

9. In case of the death of the employer, recognition by its court it is unknown absent or announcements the contract of hiring is withdrawn by the dead and the employment contract for five-year term according to the procedure and on the conditions established by this Decree is signed with one of the full age family members living together with it.

10. For use of special premises the payment using decreasing coefficients is levied. The procedure for determination of the amount of the specified payment is established by Council of Ministers of the Republic of Belarus.

The obligation on introduction of payment for use of special premises arises at employers since October 1, 2019.

The payment for use of special premises is performed taking into account the privileges established in article 16 of the Law of the Republic of Belarus of June 14, 2007 No. 239-Z "About the state social privileges, the rights and guarantees for separate categories of citizens".

The refusal of the conclusion of the employment contract or contract for rendering the main housing and communal services does not exempt employers from introduction of payment for use of special premises and payment for actually rendered main housing and communal services.

The payment for use of special premises and payment for the rendered main housing and communal services are brought by the employer before date of the actual release of special premises.

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