RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of September 23, 2021 No. 547

About implementation of the Presidential decree of the Republic of Belarus of March 24, 2021 No. 116

In pursuance of part one of Item 36 of the Presidential decree of the Republic of Belarus of March 24, 2021 "About alienation of apartment houses in the rural zone and enhancement of work with the empty houses" the Council of Ministers of the Republic of Belarus DECIDES: No. 116

1. Make changes to resolutions of Council of Ministers of the Republic of Belarus according to appendix.

2. Approve:

The regulations on procedure for alienation by citizens of the operated apartment houses (are applied);

The regulations on procedure for creation and activities of the commission on inspection of condition of the apartment houses located in the territory of the corresponding administrative and territorial units of areas in the cities (are applied);

The regulations on operating procedure of local executive and administrative organs with the empty apartment houses (are applied);

The regulations on procedure for sale without holding auctions of the empty apartment houses, the organizations and holding auctions for their sale (are applied);

The regulations on procedure for cost recovery of the empty apartment house (are applied).

3. Determine that for the purposes of this resolution terms are used in the values established by the Presidential decree of the Republic of Belarus of March 24, 2021 No. 116.

4. Recognize invalid:

the resolution of Council of Ministers of the Republic of Belarus of December 6, 2018 No. 878 "About some measures for implementation of the Presidential decree of the Republic of Belarus of September 4, 2018 No. 357";

subitem 1.3 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of July 16, 2019 No. 466 "About change of resolutions of Council of Ministers of the Republic of Belarus";

Item 24 appendices to the resolution of Council of Ministers of the Republic of Belarus of April 2, 2020 No. 193 "About measures for implementation of the Presidential decree of the Republic of Belarus of December 26, 2019 No. 485".

5. This resolution becomes effective in the following procedure:

paragraphs the eighteenth, the twenty second, twenty third, sixty eighth, seventy third - the eighty fourth, hundred twenty fifth appendix item 4 - since December 1, 2021;

paragraphs of the thirty seventh and thirty eighth of Item 6 of appendix - since July 1, 2022;

Item of 1 appendix, paragraphs two - the twenty third, forty ninth appendix Item 6 - since January 1, 2023;

other provisions of this resolution - after its official publication.

Appendix

to the Resolution of Council of Ministers of the Republic of Belarus of September 23, 2021 No. 547

The list of the changes made to resolutions of Council of Ministers of the Republic of Belarus

1. To add part one of subitem 4.41 of item 4 of the Regulations on the State committee on property of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 958, with words ", and also coordinates work of local executive and administrative organs on forming and updating of the state information resource "The Unified Register of the Empty Houses".

2. To add Item 3 of the Regulations on procedure for preparation and issue of allowing documentation on construction of facilities approved by the resolution of Council of Ministers of the Republic of Belarus of February 20, 2007 No. 223, with the paragraph of the following content:

"demolition of the empty apartment house is not higher than two floors and (or) the economic constructions which are its accessories.".

3. Ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 25.03.2022 No. 175

4. In the resolution of Council of Ministers of the Republic of Belarus of July 12, 2013 No. 608 "About approval of the Regulations on procedure for carrying out the electronic biddings selling state-owned property, including the parcels of land, rights to contract of lease of state-owned property, including the parcels of land":

state the name in the following edition:

"About carrying out the electronic biddings";

state Item 1 in the following edition:

"1. Approve Regulations on procedure for carrying out the electronic biddings it (is applied).";

in Regulations on procedure for carrying out the electronic biddings selling state-owned property, including the parcels of land, rights to contract of lease of state-owned property, including the parcels of land, approved by this resolution:

state the name in the following edition:

"Provision on procedure for carrying out the electronic biddings";

state Item 1 in the following edition:

"1. This Provision establishes procedure for carrying out the electronic biddings on sale:

the property which is in state-owned property, including the parcels of land;

rights of the conclusion of lease agreements of state-owned property, including parcels of land;

rights of designing and construction of capital structures (buildings, constructions).

Action of this provision extends to not preserved apartment houses which are not finished by construction, dachas, terms of preservation and which completion of construction expired, according to the Presidential decree of the Republic of Belarus of February 7, 2006 No. 87 "About some measures for reducing not preserved apartment houses which are not finished by construction, dachas" (further if other is not provided, - the apartment houses which are not finished by construction, dachas) after adoption by court of the decision on withdrawal of the parcel of land and (or) not finished by construction of the apartment house, giving by the redemption administrative and territorial unit or transfers to the relevant local executive committee for sale from the public biddings.";

in Item 2:

the paragraph one to state in the following edition:

"2. For the purposes of this provision terms and their determinations in the values provided in appendix 1 to the Presidential decree of the Republic of Belarus of March 24, 2021 No. 116 "About alienation of apartment houses in the rural zone and enhancement of work with the empty houses" and also the following terms and their determinations are used:";

exclude paragraph two;

in paragraph four:

after the words "including parcels of land" to add the paragraph with words "the rights of designing and construction of capital structures (buildings, constructions),";

exclude the words "in accordance with the established procedure";

the ninth to state the paragraph in the following edition:

"the participant of the electronic biddings - the person who is wishing to take part in the electronic biddings, submitted the application for participation in the electronic biddings (further - the statement) and registered on electronic trading platform, brought sum of earnest money on the current (settlement) bank account specified in the notice and accepted terms of agreement about the rights, obligations and responsibility of the parties in the course of preparation and carrying out the electronic biddings (further - the agreement);";

state Item 3 in the following edition:

"3. Subject of the electronic biddings according to this Provision are:

3.1. being in state-owned property:

capital structures (buildings, constructions), the isolated rooms, parking places, the incomplete preserved capital structures, other real estate, and also the empty apartment houses (further if other is not provided, - real estate);

the incomplete not preserved capital structures;

shares in the property right to real estate and the incomplete not preserved capital structures (further - share in the property right);

machines, the equipment, vehicles, other personal estate relating to fixed assets (further - personal estate);

the parcels of land sold in private property of citizens of the Republic of Belarus for construction and servicing of the one-apartment, blocked apartment houses, collective gardening, country construction, and also non-state legal entities of the Republic of Belarus (further if other is not provided, - the parcels of land sold in private property);

3.2. right of the conclusion of lease agreements of the parcels of land;

3.3. the right of the conclusion of lease agreements of capital structures (buildings, constructions), the isolated rooms, parking places, their parts (further - the right of the conclusion of lease agreements of property);

3.4. the right of designing and construction by the legal entity or the individual entrepreneur of capital structure (the building, construction) on the provided parcel of land on which there are objects which are subject to demolition.";

in item 4:

add paragraph two with words ", the apartment houses which except for are empty";

the ninth to exclude the paragraph;

state Item 5 in the following edition:

"5. The electronic auction is held based on the decision on sale of subject of the electronic biddings. The electronic biddings are open. Persons who according to legal acts can have the property, property rights exposed on the electronic biddings on the property right or other corporeal right, except as specified, provided by this Provision can be participants of the electronic biddings.

The consolidated participants - two and more legal entities or physical persons, including the individual entrepreneur are allowed to participation in the electronic biddings.

For the purpose of participation in the electronic biddings as the consolidated participants physical persons, including individual entrepreneurs, legal entities sign the agreement on joint participation in the electronic biddings in which determine:

shares of the participation in acquisition of subject of the electronic biddings;

the mutual rights and obligations on participation in the electronic biddings;

the authorized person which will represent at the electronic biddings of the agreement party about joint participation in the electronic biddings to sign the agreement signed by results of the electronic biddings;

condition that agreement parties about joint participation in the electronic biddings bear joint liability according to the obligations connected with participation in the electronic biddings and also under the agreement signed by results of the electronic biddings;

the maximum size of the price which the authorized person has no right to exceed with participation in the electronic biddings.

Physical persons, including the individual entrepreneurs, legal entities who signed the agreement on joint participation in the electronic biddings issue to the authorized person the relevant powers of attorney.

The electronic auction is held on electronic trading platform according to the regulations determined by the operator of electronic trading platform with observance of requirements of this provision.";

to state part one of Item 6 in the following edition:

"6. Seller of subject of the electronic biddings (further - the seller) are:

6.1. the state legal entity to whom the property which is in state-owned property is assigned on the right of economic maintaining or operational management, or the loaner who signed the agreement of free use by the property which is in state-owned property - selling real estate, the incomplete not preserved capital structures, shares in the property right, personal estate;

6.2. the lessor - selling right to contract of lease of property;

6.3. The state committee on property - selling the property constituting treasury of the Republic of Belarus;

6.4. local executive committee - on sale:

the parcels of land in private property and the rights of the conclusion of lease agreements of the parcels of land;

the property constituting treasury of the corresponding administrative and territorial unit;

the apartment houses which are not finished by construction, dachas and the parcels of land necessary for servicing of the apartment houses which are not finished by construction, dachas, or the right of the conclusion of lease agreements of such parcels of land;

the empty apartment houses which carried over administrative and territorial unit;

the rights of designing and construction by the legal entity or the individual entrepreneur of capital structure (the building, construction) on the provided parcel of land on which there are objects which are subject to demolition.";

in Item 7 "legislation" shall be replaced with words the word "requirements of the legislation in the sphere of archiving and clerical work";

in Item 10:

after the words "specified in" to add Item with words "parts two of this Item,";

add Item with part of the following content:

"As the organizer of the electronic biddings selling property in the course of liquidation of the state legal entity the liquidation commission (liquidator) or the legal entity based on the agreement of the order signed with the liquidated legal entity act.";

in Item 12:

"the legislation or" to exclude from the paragraph of the fourth word;

in paragraph six "drawn up" to replace the word with the word of "concluded";

the ninth to exclude the paragraph;

the twelfth after words of "the electronic biddings" to add the paragraph with the words "or about cancellation of the decision on sale of subject of the electronic biddings to the applicant for purchase";

in Item 13:

in paragraph three to replace the word "approved" with the word "certain";

in paragraph four the word "approved" to replace with the word "certain";

to state paragraphs of the sixth and seventh in the following edition:

"performs reception of applications on participation in the electronic biddings, registration of participants of the electronic biddings according to the regulations determined by the operator of electronic trading platform with observance of requirements of this provision;

checks availability of sum of earnest money on the current (settlement) bank account specified in the notice;";

state Items 13-1 and 13-2 in the following edition:

"13-1. For participation in the electronic biddings person wishing to take part in them needs to submit the application, to attach to it the image of the document confirming transfer of deposit to the account specified in the notice to be registered by quality of the participant of the electronic biddings with the subsequent assignment to it unique number for participation in the electronic biddings.

Along with filing of application person wishing to take part in the electronic biddings accepts terms of agreement.

The application form, order of registration and conditions of participation of participants of the electronic biddings are established by the regulations determined by the operator of electronic trading platform with observance of requirements of this provision.

Person wishing to take part in the electronic biddings concerning several objects of the electronic biddings makes deposits in the amount of, established for each of these objects.

In case of failure to meet requirements, established in this Item, the operator of electronic trading platform sends the notification on remedial action by e-mail or by means of functionality of electronic trading platform to person wishing to take part in the electronic biddings. If this person until the termination of submission due date of the statement does not fulfill requirements for participation in the electronic biddings, the operator of electronic trading platform sends it the notification on refusal to registration as the participant of the electronic biddings by e-mail or by means of functionality of electronic trading platform.

13-2. The participant of the electronic biddings has the right prior to the electronic biddings to withdraw the application. In this case the amount of the made deposit returns to it the operator of electronic trading platform within five working days from the date of carrying out the electronic biddings.

The withdrawal of the statement is performed according to the regulations determined by the operator of electronic trading platform.";

exclude Items 13-3 and 13-4;

in Item 14:

from word paragraph two", determined by the legislation" to exclude;

from the paragraph of the third word", determined by the legislation," to exclude;

add Item with the paragraph of the following content:

"starting price of sale of right to contract of the lease of property determined according to Regulations on procedure for holding auctions for sale of the right of the conclusion of lease agreements of capital structures (buildings, constructions), the isolated rooms, parking places, their parts which are in state-owned property, the approved resolution of Council of Ministers of the Republic of Belarus of August 8, 2009 No. 1049, when carrying out the electronic biddings selling right to contract of lease of property.";

to exclude from part two of Item 17 of the word "according to the legislation";

in Item 18:

state part one in the following edition:

"18. The notice is subject to obligatory publication not later than 30 calendar days before date of the electronic biddings on sale:

the subject of the electronic biddings which is in republican property - on the official site of the State committee on property on the global computer Internet;

the subject of the electronic biddings which is in municipal property, the parcels of land or the right of the conclusion of lease agreements of the parcels of land - on the corresponding official sites of regional executive committees, the Minsk Gorispolkom and State committee on property on the global computer Internet;

the apartment houses which are not finished by construction, dachas, the right of designing and construction by the legal entity or the individual entrepreneur of capital structure (the building, construction) on the provided parcel of land on which there are objects which are subject to demolition - in the printing mass media determined by Council of Ministers of the Republic of Belarus and on the corresponding official sites of regional executive committees, the Minsk Gorispolkom and State committee on property on the global computer Internet.";

third to state the paragraph to part two in the following edition:

"the subject of the electronic biddings which is in municipal property, the apartment houses which are not finished by construction, dachas, the parcels of land or the right of the conclusion of lease agreements of the parcels of land, the right of designing and construction by the legal entity or the individual entrepreneur of capital structure (the building, construction) on the provided parcel of land on which there are objects which are subject to demolition - in the printing mass media determined by regional executive committees and the Minsk Gorispolkom.";

in Item 19 part one:

to exclude from paragraph two of the word "and time";

to exclude from the paragraph of the sixth word "according to the legislation";

in the paragraph the twelfth "drawn up" to replace the word with the word of "concluded";

in Item 20:

in part one:

to exclude from the paragraph of the tenth word "according to the legislation";

in the paragraph the eighteenth "drawn up" to replace the word with the word of "concluded";

after part two to add Item with part of the following content:

"Concerning the empty apartment houses in information placed on electronic trading platform, the data provided in part two of this Item are specified if the parcel of land on which such house is located is registered in the single state register of real estate, the rights to it and transactions with it (further - the register of the real estate).";

from paragraph two of part three and paragraph two of part four of the word", approved in accordance with the established procedure" to exclude;

after part four to add Item with parts of the following content:

"In case of sale of the apartment houses which are not finished by construction, dachas in information placed on electronic trading platform in addition are specified:

cadastral number and the address (location) of the parcel of land, its area, type of the corporeal right, purpose, and also purpose of the parcel of land according to single classification of purpose of real estate units;

the description not finished construction of the apartment house, giving, their components and accessories (economic and other constructions), and also in the presence - the area;

the characteristic of the engineering communications and constructions located on the parcel of land (in case of their availability) and in need of engineering-geological conditions;

conditions of engineering development of infrastructure of the built-up territory.

When carrying out the electronic biddings selling the right of designing and construction of capital structures (buildings, constructions) in information placed on electronic trading platform in addition are specified:

summary of the objects located on the parcels of land which are subject to demolition, of conditions of demolition and the approximate size of losses caused by seizure of land and demolition of the objects located on them;

closing dates of the contract for realization of the right of designing and construction of capital structures (buildings, constructions);

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