RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of July 12, 2013 No. 608

About carrying out the electronic biddings

Based on subitem 1.6 of Item 1 of the Presidential decree of the Republic of Belarus of May 5, 2009 No. 232 "About some questions of holding auctions (tenders)", the paragraph of the eleventh subitem 1.2 of Item 1 of article 10 of the Law of the Republic of Belarus of July 12, 2013 "About investments" the Council of Ministers of the Republic of Belarus DECIDES: No. 53-Z

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

2. This resolution becomes effective after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of July 12, 2013 No. 608

Regulations on procedure for carrying out the electronic biddings

Chapter 1. General provisions

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;

not preserved object of the construction in progress sold according to Item 3 of article 40 of the Law of the Republic of Belarus "About investments" in case of the termination of the investment agreement (further – not preserved object of construction in progress);

rights of the conclusion of lease agreements of state-owned property;

rights of lease of the 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.

2. For the purposes of this provision terms and their determinations in the values established in article 1 of the Law of the Republic of Belarus "About investments" and 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:

starting price of subject of the electronic biddings - the price of subject of the electronic biddings with which taking into account step of the electronic biddings the sale of subject of the electronic biddings determined according to the legislation begins;

operators of electronic trading platform - the legal entities according to appendix rendering services in carrying out the electronic biddings selling the property which is in state-owned property including the parcels of land, rights to contract of lease of state-owned property, the right of lease of the parcels of land, the rights of designing and construction of capital structures (buildings, constructions) providing functioning of electronic trading platform, attracted by organizers of the electronic biddings;

the organizer of the electronic biddings - the legal entity who according to this Provision will organize also holds the electronic auction with involvement of the operator of electronic trading platform;

subject of the electronic biddings - the property, property rights sold at the electronic biddings;

the winner of the electronic biddings - the participant of the electronic biddings who offered the highest price for subject of the electronic biddings;

the applicant for purchase - the single participant of the electronic biddings who expressed consent to acquisition of subject of the electronic biddings at the initial price increased by five percent according to this Provision;

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);

step of the electronic biddings - the size of increase in starting price of subject of the electronic biddings in the amount of five to fifteen percent from starting price;

the electronic trading platform - the information trade system intended for tendering electronically, access to which is provided via the website on the global computer Internet;

the electronic biddings - the auction held electronically by consecutive increase in starting price of subject of the electronic biddings by participants of the electronic biddings at the size equal to the size of step of the electronic biddings.

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, including the garden lodges recognized by court ownerless or being part of the heritable property recognized as escheated inheritance, and the apartment houses transferred to the possession of administrative and territorial unit, and also empty (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);

3.1-1. not preserved object of construction in progress;

3.2. right of lease 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.

4. Action of this provision does not extend to the organization and carrying out the electronic biddings for sale:

the apartment houses and premises including which are not finished by construction, being in state-owned property, apartment houses which except for are empty;

shares (share in authorized funds) of economic societies (partnerships) including which are in operational management or economic maintaining the state legal entities;

securities;

the property withdrawn, arrested, confiscated or turned into the income of the state otherwise;

property on which collection on account of the unexecuted tax liability, unpaid penalty fee is turned;

property on which collection in the course of forced execution of court decrees and other executive documents is turned;

state-owned property in insolvency proceedings or bankruptcy;

state-owned property in the course of privatization;

the released material resources of Armed Forces, other troops, military forming and paramilitary organizations of the Republic of Belarus in the form of personal estate and aircrafts, inland navigation vessels and courts of swimming "river sea".

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.

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:

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