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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of April 19, 2007 No. 190

About evaluation procedure of cost of cultural values

(as amended on 14-03-2017)

For the purpose of regulation of evaluation procedure of cost of the cultural values making Library stock of the Republic of Belarus, National Archive Fund of the Republic of Belarus or included in Museum fund of the Republic of Belarus, and also offered in accordance with the established procedure for giving of the status of historical and cultural values to them I decide:

1. Approve the enclosed Regulations on evaluation procedure of cost of cultural values.

2. Determine that operation of this Decree does not extend much value assessments of the material historical and cultural values or cultural values making Library stock of the Republic of Belarus, National Archive Fund of the Republic of Belarus or included in Museum fund of the Republic of Belarus, and also offered in accordance with the established procedure for giving of the status of historical and cultural values to them performed for the purpose of their insurance.

3. In three-months time to provide to Council of Ministers of the Republic of Belarus reduction of regulatory legal acts in compliance with this Decree, to take other measures for its realization.

4. This Decree becomes effective since May 20, 2007.

President of the Republic of Belarus

A. Lukashenko

Approved by the Presidential decree of the Republic of Belarus of April 19, 2007 No. 190

Regulations on evaluation procedure of cost of cultural values

1. This Provision is developed according to subitem 4.1 of item 4 of the Presidential decree of the Republic of Belarus of October 13, 2006 No. 615 "About estimative activities in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2006, No. 168, 1/7999).

This Provision determines evaluation procedure of cost of the material historical and cultural values or cultural values making Library stock of the Republic of Belarus, National Archive Fund of the Republic of Belarus or included in Museum fund of the Republic of Belarus, and also offered in accordance with the established procedure for giving of the status of historical and cultural values to them (further - cultural values if other is not provided by this Provision).

2. For the purposes of this provision the following main terms and their determinations are used:

internal assessment - the value assessment of cultural values conducted independently by legal entities and physical persons including individual entrepreneurs, based on own decision without involvement of the contractor of assessment;

the customer of assessment - the legal entity or physical person, including the individual entrepreneur which signed the civil contract with the contractor of assessment for evaluating cost of cultural values, law enforcement agencies or court in case of acceptance according to the decision, the resolution on need of evaluating;

the contractor of assessment - the Ministry of Culture providing evaluating cultural values according to this Provision Belarusian republican scientific and methodical glad concerning historical and cultural heritage under the Ministry of Culture, and also republican, regional, city, district library (further - the state library), the republican, regional, zone Public Records Office (further - the Public Records Office), the state museum of republican or regional subordination (further - the state museum), providing evaluating cultural values by the commissions created by them;

evaluation method - method of calculation of cost of cultural values;

law enforcement agencies - bodies of prosecutor's office, internal affairs, state security, financial investigations of the State Control Committee, the Investigative Committee, and also other state bodies and officials performing within the competence according to the Code of penal procedure of the Republic of Belarus pre-judicial production.

3. Evaluating cost of cultural values is obligatory:

in case of the conclusion of civil agreements on alienation, acquisition or guarantee of cultural values, one of the parties of which is the Republic of Belarus, administrative and territorial unit of the Republic of Belarus or the state organization;

in case of determination of the extent of harm in case of their loss, plunder, destruction, damage;

in other cases established by legal acts.

4. The value assessment of material historical and cultural values, and also the cultural values offered in accordance with the established procedure for giving of the status of historical and cultural values to them is made Belarusian republican scientific and methodical glad concerning historical and cultural heritage under the Ministry of Culture.

5. The value assessment of the cultural values making Library stock of the Republic of Belarus, National Archive Fund of the Republic of Belarus or included in Museum fund of the Republic of Belarus, except for specified in item 4 of this provision is made by the commissions created according to the decision of heads corresponding state libraries, archive, the museum. The commissions are created on permanent basis.

The commissions heads and specialists of the corresponding profile state libraries, archive, the museum are included. In necessary cases of the commissions specialists of other organizations, including based on the civil agreement can be involved.

6. The basis for evaluating cost of cultural values is the civil agreement signed between the contractor of assessment and the customer of assessment, the court decree or the decision of law enforcement agencies.

Under the contract for evaluating cost of cultural values the contractor of assessment shall carry out it on the instructions of the customer estimates, and the customer of assessment - to pay this service.

Payment of the independent assessment which is carried out according to the court order, the decision of law enforcement agencies is performed in accordance with the established procedure after its carrying out.

7. The contract for evaluating cost of cultural values is signed in writing. In it shall be specified:

name of cultural values and their individual signs;

subject of the agreement;

cost of services of the contractor of assessment, term and procedure for their payment;

term of representation of result of assessment;

value assessment purpose;

date of value assessment;

the name of currency in which the value assessment is carried out;

rights and obligations of the Parties;

responsibility of the parties for non-execution or improper execution of the obligations provided in the agreement.

8. The result of value assessment is represented to the customer in the form of the conclusion about value assessment of cultural values with appendix of the report on such assessment.

9. The conclusion about value assessment of cultural values shall contain:

full name of the contractor of assessment;

number and date of the conclusion of the contract for evaluating cost or acceptance date of the court decree, decision of law enforcement agencies;

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