RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of May 23, 2024 No. 364

About change of resolutions of Council of Ministers of the Republic of Belarus

Council of Ministers of the Republic of Belarus DECIDES:

1. Make changes to the following resolutions of Council of Ministers of the Republic of Belarus:

1.1. in Regulations on the procedure and conditions of appointment, financing (transfer), the order and use of means of the family capital approved by the resolution of Council of Ministers of the Republic of Belarus of February 24, 2015 No. 128:

from part one of Item 3 of the word", approved by the Decree" to exclude;

state Items 5 and 5-1 in the following edition:

"5. The district, city executive committee in the shortest possible time, but no later than five calendar days from the date of registration of a statement about purpose of the family capital requests the documents and (or) data provided in Item 50 of appendix to the resolution of Council of Ministers of the Republic of Belarus of September 18, 2020 No. 541 "About the documents requested when implementing ministerial procedures".

5-1. Availability of the right to purpose of the family capital is determined according to No. Provision Items 3 and 4 572, Items 3 and 4 of the Provision No. 345.

In case of determination of availability of the right to purpose of the family capital in the family composition considered on birth date (adoptions, adoptions) third or the subsequent children, are considered:

mother (stepmother), father (stepfather), adoptive father (adopter);

the children aged up to 18 years (including day of achievement of age by them 18 years) raised in family, including adopted (adopted) stepsons and stepdaughters.

Both parents (mother (stepmother), the father (stepfather) are considered in family composition, if on birth date (adoptions, adoptions) third or the subsequent children they consisted in the registered scrap.

Children are considered in family composition under condition if for date of filing of application about purpose of the family capital they constantly live in the Republic of Belarus.

In case of annulment of marriage children are considered in family composition of the parent on which education they are according to the documents and (or) data specified in Item 52 this provision. The children born out of scrap are considered in family composition of mother if according to the court decree, determination about the writ other is not established (about the place of residence of children, collection of the alimony for their content and other bases).

If children were considered in case of purpose of the family capital according to the Decree No. 572 or the Decree No. 345 in one family, in other family they are not considered.

The adopted (adopted) children who at the time of adoption (adoption) were not stepsons or stepdaughters of person who adopted (adopted) them are considered in family composition of adoptive parents (adopters) regardless of the fact that they were considered as a part of other family in case of purpose of the family capital before their adoption (adoption).

In case of determination of availability of the right to purpose of the family capital in the family composition considered on birth date (adoptions, adoptions) third or the subsequent children, children are not considered:

concerning which parents (the single parent) are deprived of the parent rights;

over which guardianship (guardianship) is established;

selected from family by a court decision;

which parents (parent) refused;

concerning which adoption (adoption) is cancelled;

the dead, acknowledged it is unknown absent, declared the dead.";

state Item 5-3 in the following edition:

"5-3. The bases for decision making about refusal in purpose of the family capital are:

lack of the right to its appointment;

the expiration of 18 years since the birth of (adoptions, adoptions) third or the subsequent children;

cases, the stipulated in Article 25 Laws of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures".";

add the Provision with Item 5-4 of the following content:

"5-4. In case of the request for purpose of the family capital in connection with the birth (adoption, adoption) of the fourth or the subsequent children in case of simultaneous availability of the right to purpose of the family capital in connection with the birth (adoption, adoption) of third or the subsequent children the family capital is appointed in the amount of, provided in connection with the birth (adoption, adoption) of one of these children at the choice of family.";

in Item 6 part two to replace the word of "seven" with the word of "five";

add Item 7 with parts of the following content:

"In case of establishment of illegal decision making rural, settlement, district, city executive committees within five working days make the decision on cancellation on purpose of the family capital (cancellation, recognition by invalid) decisions on purpose of the family capital.

Copies of decisions (the statement from decisions) about modification of the decision on purpose of the family capital, about cancellation (cancellation, recognition by invalid) decisions on purpose of the family capital no later than ten working days from the date of adoption of the relevant decisions, except as specified, specified in parts four and heel of this Item go to citizens and to open joint stock company "Belarusbank savings bank (further – JSC ASB Belarusbank) for return of the means of the family capital enlisted into the account on accounting of contribution (deposit) "Family capital" or for their additional transfer (with indication of the amount which is subject to return or additional transfer).

The decisions specified are issued or go to citizens no later than three working days from the date of their acceptance to the parts two of this Item accepted according to administrative claims and go to JSC ASB Belarusbank in time and for the purposes specified in part three of this Item.

Decisions (statements from decisions) about modification of the decision on purpose of the family capital are issued or go to citizens no later than five working days from the date of their acceptance and go to JSC ASB Belarusbank in time and for the purposes specified in part three of this Item.";

add the Provision with Item 7-1 of the following content:

"7-1. JSC ASB Belarusbank according to decisions of rural, settlement, district, city executive committees on modification of the decision on purpose of the family capital, on cancellation (cancellation, recognition by invalid) decisions on purpose of the family capital:

sends to the Ministry of Labour and Social Protection the request for money transfer from the republican budget in JSC ASB Belarusbank for additional transfer in deposits (deposits) "Family capital" of the amounts of the family capital no later than ten working days from the date of receipt of the copy of the decision (the statement from the decision) about modification of the decision on purpose of the family capital attracting additional transfer of means of the family capital. Money transfer of the family capital into the account of JSC ASB Belarusbank and their transfer in deposits (deposits) "Family capital" are performed in the terms specified in parts four and heel of Item 10 of this provision;

returns in the republican budget unreasonably appointed amounts of means of the family capital taking into account the added percent for the period of the actual storage of means of the family capital on the account on accounting of contribution (deposit) "Family capital" to the terms specified in Items 37 and 38 of this provision.";

exclude Item 8;

state Item 9 in the following edition:

"9. The citizen to whom the family capital is appointed addresses to the division of JSC ASB Belarusbank performing transactions on deposits (deposits) "Family capital" with the statement for opening of the account on accounting of contribution (deposit) "Family capital".

The application form about opening of the account on accounting of contribution (deposit) "Family capital" and the list of the divisions performing transactions on deposits (deposits) "Family capital" are determined by JSC ASB Belarusbank. The list of the specified divisions is posted on the official site of JSC ASB Belarusbank.

Together with the statement for opening of the account on accounting of contribution (deposit) "Family capital" by the citizen are represented:

identity document;

the copy of the decision (the statement from the decision) about purpose of the family capital;

the statement from the decision on modification of the decision on purpose of the family capital in case of its introduction.

JSC ASB Belarusbank signs the agreement of contribution (deposit) "Family capital" and opens the account on accounting of contribution (deposit) "Family capital" in day of submission of the corresponding statement by the citizen with the documents specified in part three of this Item.";

state Item 13 in the following edition:

"13. Means of the family capital can be used ahead of schedule (irrespective of time which passed from the date of purpose of the family capital) in the Republic of Belarus in full or in parts via bank transfer according to Item part three 2, No. Provision Items 2-1 and 2-2 572, Item part three 2, Items 2-1 and 2-2 of the Provision No. 345.

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