RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of September 30, 2023 No. 643

About payments in bankruptcy of the capitalized time payments to physical person

Based on subitem 1.7 of Item 1 of Article 12 and part five of Item 2 of article 143 of the Law of the Republic of Belarus of December 13, 2022 "About insolvency settlement" the Council of Ministers of the Republic of Belarus DECIDES: No. 227-Z

1. Approve Regulations on payment procedure in bankruptcy of the capitalized time payments to physical person for damnification of life or to health, not connected with labor accident or occupational disease it (is applied).

2. Financing of expenses on payment in bankruptcy of the capitalized time payments to physical person for damnification of life or to health, not connected with labor accident or occupational disease, according to part five of Item 2 of article 143 of the Law of the Republic of Belarus "About insolvency settlement", and also expenses on ensuring their delivery is performed at the expense of the means of the republican budget provided to the Ministry of Labour and Social Protection on these purposes.

3. Recognize invalid:

the resolution of Council of Ministers of the Republic of Belarus of December 13, 2012 No. 1145 "About approval of the Regulations on payment procedure of time payments to physical person for damnification of life or to health which are not connected with labor accident or occupational disease in case of liquidation of the debtor – the legal entity or the termination of activities of the individual entrepreneur owing to recognition by their economically insolvent (bankrupts)";

subitem 1.33 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of June 30, 2014 No. 630 "About introduction of amendments to some resolutions of Council of Ministers of the Republic of Belarus and recognition voided separate resolutions and structural element of the resolution of Council of Ministers of the Republic of Belarus".

4. This resolution becomes effective since October 1, 2023.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of September 30, 2023 No. 643

Regulations on payment procedure in bankruptcy of the capitalized time payments to physical person for damnification of life or to health, not connected with labor accident or occupational disease

1. This Provision determines procedure for execution by the Republic of Belarus for obligations of the debtor to physical person on payment of the capitalized time payments (further, if is not established other, – time payments) for damnification of life or to health who is not connected with labor accident or occupational disease (further – harm), in case of the liquidation of the legal entity or the termination of activities of the individual entrepreneur responsible for damnification, owing to recognition by their bankrupts (further if other is not established, – the debtor).

2. In case of refusal of the physical person having the right to indemnification (further – physical person), in the case specified in Item of 1 this provision, from receipt of time payments, expressed in the declaration of abandonment in receipt of the capitalized time payments in form according to appendix 1, obligation on satisfaction of requirements of physical person passes from the debtor to the Republic of Belarus in the amount of such payments according to part five of Item 2 of article 143 of the Law of the Republic of Belarus "About insolvency settlement".

Payment of time payments to physical person is performed in the amount of the time payments transferred by the anti-recessionary managing director into the republican budget.

3. After acceptance by the court considering economic cases concerning the debtors responsible for damnification, the decision on recognition of the debtor – the legal entity the bankrupt and opening of liquidating production or the decision on recognition of the debtor – the individual entrepreneur the bankrupt with the termination of business activity and opening of liquidating production the anti-recessionary managing director in two weeks:

makes calculation of amount of the capitalized means for ensuring payment of time payments (further – amount of the capitalized means) according to this Provision;

transfers the available amount of time payments into the republican budget;

represents to management (department) of work, employment and social protection of city, district executive committee, management (department) of social protection of local administration of the area in the city (further – body for work, employment and social protection) at the place of residence of physical person of the data on the amount of the time payments which are subject to payment and also the documents specified in subitem 8.2 of Item 8 of this provision.

Payment of time payments is made by body for work, employment and social protection for the residence of physical person.

4. The amount of the capitalized means of V (c) is determined in terms of money and calculated by formula

V (c) = (D + SE) x (100% + R),

where D – the size of requirements of physical person to the debtor on indemnification (further – the size of requirements of physical person);

SE – the amounts of compensation of additional expenses awarded by court for future time according to Item 2 of Article 961 of the Civil code of the Republic of Belarus on which payment due date comes in the opening day the court considering economic cases, liquidating production or later (further – the amounts of compensation of additional expenses);

R – the rate for services in pension payment and other social payments through objects of mail service (as a percentage) established for the settlement in which the physical person lives (further – rate for services).

5. The size of requirements of physical person (D) is determined by formula

D = B x t,

where In – the size of monthly payment to physical person in indemnification which is subject to payment in month based on the judgment (further – monthly payment);

t – the period of time in months determined as difference between:

For 840 months (70 years) and age (in complete months) physical person, before which otvetstven the debtor, but at least 180 months (15 years);

For 276 months (23 years) and age (in complete months) being dependent on the died supporter of his children, grandsons, brothers, sisters except for recognized as handicapped children, disabled people since the childhood;

168 months (14 years) and age (in complete months) by one of the family members who were dependent on the died supporter of his children, grandsons, brothers and sisters, for which perform leaving.

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