PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of September 19, 2022 No. 330

About the order property

For the purpose of enhancement of procedure for the order property I decide:

1. According to the decision of the President of the Republic of Belarus to perform:

1.1. alienation, and also pledge being in property of the Republic of Belarus:

companies;

shares (share in authorized funds) of economic societies (partnerships);

1.2. transfer of the companies which are in property of the Republic of Belarus to trust management, including with the right of their redemption;

1.3. leasing of the companies which are in property of the Republic of Belarus with the right of their redemption;

1.4. acquisition in property of the Republic of Belarus at the expense of means of the republican budget:

real estate;

shares (share in authorized funds) of economic societies (partnerships).

2. According to the decision of Council of Ministers of the Republic of Belarus to perform:

2.1. acquisition in property of the Republic of Belarus is non-paid, including from municipal property, the companies, shares (share in authorized funds) of economic societies (partnerships);

2.2. transfer without transition of the property right of the companies which are in property of the Republic of Belarus, and also their leasing without repurchase right;

2.3. transfer without transition of the property right of shares (share in authorized funds) of economic societies (partnerships) which are in property of the Republic of Belarus and also transfer of such shares (shares) in trust management if other is not established by legal acts.

3. According to the decision of state bodies and organizations to perform:

3.1. concerning the property which is in property of the Republic of Belarus and assigned on the right of economic maintaining or operational management to state bodies and the organizations and (or) given by them to free use to non-state legal entities:

alienation of real estate, except for the companies and the property included in the list of not used and inefficiently used property which is in property of the Republic of Belarus (further - the list). If the cost of unit of real estate exceeds 10 thousand basic sizes, its alienation is performed in coordination with regional (To the Minsk city) executive committees taking into account territorial accessory of real estate;

alienation of personal estate;

pledge of real and personal estate;

transfer without transition of the property right of real estate (except for the companies) and personal estate;

3.2. leasing (coordination of delivery in the sublease), transfer to free use being in property of the Republic of Belarus and assigned on the right of economic maintaining or operational management to state bodies and the organizations of real estate (except for the companies, the incomplete preserved and not preserved capital structures), its parts and personal estate;

3.3. concerning the property which is in property of the Republic of Belarus and assigned on the right of economic maintaining or operational management to territorial authorities of state bodies and the organizations, structural divisions of state bodies and the organizations with the rights of the legal entity, diplomatic representations and consular establishments of the Republic of Belarus, structural divisions of local executive committees with the rights of the legal entity, republican legal litsami*:

alienation of real estate, except for the companies and the property included in the list. If the cost of unit of real estate exceeds 10 thousand basic sizes, its alienation is performed in coordination with regional (To the Minsk city) executive committees taking into account territorial accessory of real estate;

pledge of real estate;

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* The order the property which is in property of the Republic of Belarus and assigned on the right of economic maintaining or operational management to the organizations subordinated to the President of the Republic of Belarus, function and power of the founder the common directorship activities (activities coordination) of which are performed by Administration of the President of the Republic of Belarus, it is made according to the procedure, established for the republican legal entities subordinated to Administration of the President of the Republic of Belarus.

3.4. acquisition in property of the Republic of Belarus, including from municipal property:

gratuitously - real estate (except for the companies) with its receipt in economic maintaining or operational management of the state bodies and organizations or organizations specified in paragraph one of subitem 3.3 of this Item;

with receipt in economic maintaining or operational management of state bodies and organizations:

at the expense of own means - real estate, shares (share in authorized funds) of economic societies (partnerships);

gratuitously - personal estate.

4. According to the decision of territorial authorities of state bodies and organizations, structural divisions of state bodies and organizations with the rights of the legal entity, diplomatic representations and consular establishments of the Republic of Belarus, structural divisions of local executive committees with the rights of the legal entity to perform republican legal entities:

4.1. concerning the property which is in property of the Republic of Belarus and assigned to them on the right of economic maintaining or operational management and (or) given by them to free use to non-state legal entities:

alienation and pledge of personal estate;

transfer without transition of the property right of real estate (except for the companies) and personal estate;

4.2. leasing (coordination of delivery in the sublease), transfer to free use being in property of the Republic of Belarus and assigned to them on the right of economic maintaining or operational management of real estate (except for the companies, the incomplete preserved and not preserved capital structures), its parts and personal estate;

4.3. acquisition in property of the Republic of Belarus, including from municipal property, with receipt in their economic maintaining or operational management:

at the expense of own means - real estate, shares (share in authorized funds) of economic societies (partnerships);

gratuitously - personal estate.

5. Alienation of the real estate which is in property of the Republic of Belarus in private property on a grant basis is performed in coordination with the State committee on property.

In the cases established by state bodies and the organizations, the order property, its acquisition according to item 4 of this Decree are performed in coordination with state bodies and the organizations.

6. Leasing with repurchase right of the real estate which is in property of the Republic of Belarus (except for the companies, the incomplete preserved and not preserved capital structures) is performed according to the solution of the lessor to which this property is assigned on the right of economic maintaining or operational management, and in coordination with state body (organization), part (system) of which the lessor is.

Leasing with repurchase right of the real estate (except for the companies, the incomplete preserved and not preserved capital structures) which is in property of the Republic of Belarus and free use of the economic societies created according to the legislation on privatization (their legal successors) and republican state public associations is performed according to the solution of loaner.

The duration of the agreement of lease with repurchase right shall not exceed 12 months. After this term the decision on alienation of the real estate leased with the right of its redemption is not accepted.

When leasing real estate according to parts one both the second this Item and availability in subsequent refusal of the lessee of its redemption the lease agreement with repurchase right of this real estate after effective period is considered terminated.

7. The economic societies created according to the legislation on privatization (their legal successors) and republican state public associations to which the Republic of Belarus which is in property real estate is transferred to free use (except for the companies, the incomplete preserved and not preserved capital structures) its parts and personal estate, perform their leasing (coordination of delivery in the sublease) and (or) transfer to free use in coordination with loaners if other is not established in part two of this Item and part two of Item 6 of this Decree.

The cession of property, this Item specified in part one, in free use to other economic societies created according to the legislation on privatization (their legal successors) and republican state public associations, including in case of its alienation, is performed according to solutions of loaners (with the consent of loan recipients).

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