RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of May 26, 2026 No. 260

About questions of implementation of functions on guardianship and custody

Based on Article part three 143, of article 165 of the Code of the Republic of Belarus about scrap and family, part two of Item 2 of article 73 of the Housing code of the Republic of Belarus, the paragraph of the fourth of part one of Item 12 of the Regulations on registration of citizens at the place of residence and the place of the stay approved by the Presidential decree of the Republic of Belarus of September 7, 2007 No. 413, Council of Ministers of the Republic of Belarus DECIDES:

1. Approve:

The regulations on procedure for property management of wards (are applied);

The instruction about order of interaction of state bodies and organizations in case of decision making about consent on alienation or about refusal in alienation of premises (is attached).

2. Make changes to resolutions of Council of Ministers of the Republic of Belarus according to appendix 1.

3. Recognize invalid resolutions of Council of Ministers of the Republic of Belarus according to appendix 2.

4. Certificates on the right of representation of interests of the full age citizens recognized by court incapacitated or it is limited capable, issued to guardians, custodians before entry into force of this resolution, are effective during the term of accomplishment of the obligations by them.

5. This resolution becomes effective after its official publication.

Appendix 1

to the Resolution of Council of Ministers of the Republic of Belarus of May 26, 2026 No. 260

The list of the changes made to resolutions of Council of Ministers of the Republic of Belarus

1. In the Regulations on guardianship and custody bodies approved by the resolution of Council of Ministers of the Republic of Belarus of October 28, 1999 No. 1676:

in Item 7:

state subitem 7.4-1 in the following edition:

"7.4-1. in case of need make the decision on appointment of a guardian over property or on release its (discharge) from obligations or cession of property of the ward on storage;";

add Item with subitems 7.4-2 and 7.4-3 of the following content:

"7.4-2. reveal property of persons recognized as incapacitated, it is limited by capable, keep its account, perform storage * property;

______________________________

* For the purposes of this provision storage of property is understood as the actions directed to protection of property against spoil, loss, control of safety of property, providing its proper condition including ensuring sanitary and technical condition of real estate and the adjacent territories and other actions.

7.4-3. take measures for further use of real estate (leasing (for rent), carrying out repair work, recognition of premises not conforming to the health and technical requirements established for accommodation, unsuitable for accommodation and another);";

state subitem 7.17 in the following edition:

"7.17. make the decision on prohibition on alienation without the consent of guardianship and custody body of premises in which minor members, the former members of families of owners of premises, acknowledged being in socially dangerous provision or recognized as persons in need in the state protection live, or the citizens recognized incapacitated or limited in capacity to act to court or the premises assigned to orphan children or children without parental support and also make the decision on removal of prohibition on alienation of such premises;";

add Item with subitems 7.26-7.28 of the following content:

"7.26. perform the analysis of activities of bodies and organizations when implementing of functions by them on guardianship and custody;

7.27. bring in the bodies and the organizations performing functions on guardianship and custody, offers on elimination of violations when implementing functions on guardianship and custody, accountability of their officials;

7.28. determine algorithm of actions of the interested bodies, the organizations for identification of the full age persons needing establishment of guardianship and custody and bring it to the specified bodies, the organizations.";

to add subitem 8-1.1 of Item 8-1 with words ", makes the decision on prohibition on alienation without the consent of guardianship and custody body of premises in which minor members, the former members of families of owners of premises live, acknowledged being in socially dangerous provision or recognized as persons in need in the state protection, and also makes the decision on removal of prohibition on alienation of such premises";

add Item 9 with subitems 9.5 and 9.6 of the following content:

"9.5. provide possibility of passing by candidates for guardians, custodians of medical examination with receipt of the medical certificate within seven working days from the date of their address, and in need of performing additional diagnostics and (or) medical consultation – within fifteen working days;

9.6. inform the structural divisions of district, city executive committees, local administrations of areas in the cities performing state powers of authority in the field of work, employment and social protection, the territorial centers of social servicing of the population:

about initiation of recognition of the citizen to incapacitated, it is limited by capable – no later than seven working days from the date of filing of application in court for the purpose of initiation of efficient measures for matching of candidates for guardians, custodians;

about the facts of non-execution, improper execution by the guardian, custodian of the obligations assigned to them elicited by health workers – no later than two working days from the date of identification by health workers of these facts.";

in Item 10:

in subitem 10.2 of the word to "appendix 3" shall be replaced with words to "appendices 3 and 3-1";

add Item with subitem 10.7 of the following content:

"10.7. take part in consideration of offers of the guardianship and custody bodies, bodies and organizations performing functions on guardianship and custody for use of real estate of persons recognized as incapacitated it is limited capable, and development of agreed decision on use of real estate.";

in Item 10-1:

in subitem 10-1.3:

in the paragraph the second shall be replaced with words the words "about storage of property of the ward and management of it" "on property management of the full age ward and his storage";

third to state the paragraph in the following edition:

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