of March 7, 2008 No. 334
About measures for implementation of the Presidential decree of the Republic of Belarus of December 18, 2007 No. 657
According to item 4 of the Presidential decree of the Republic of Belarus of December 18, 2007 "About some questions of reconstruction of apartment houses" the Council of Ministers of the Republic of Belarus DECIDES: No. 657
1. Approve the enclosed Regulations on procedure for the organization and holding the auction on the right of carrying out reconstruction of the house in case of superstructure of premises of the increased comfort and (or) non-residential premises.
2. Recognize invalid:
the resolution of Council of Ministers of the Republic of Belarus of May 2, 1997 No. 432 "About measures for the organization of mansard construction" (Collection of decrees, presidential decrees and orders of the Government of the Republic of Belarus, 1997, No. 14, the Art. 510);
the resolution of Council of Ministers of the Republic of Belarus of April 15, 1999 No. 525 "About introduction of amendments to the resolution of Council of Ministers of the Republic of Belarus of May 2, 1997 No. 432" (The national register of legal acts of the Republic of Belarus, 1999, No. 32, 5/624).
Prime Minister of the Republic of Belarus
Approved by the Resolution of Council of Ministers of the Republic of Belarus of March 7, 2008 No. 334
1. This Provision determines procedure for the organization and holding auctions on the right of carrying out reconstruction low-rise (no more than three floors) and sredneetazhny (no more than five floors) apartment apartment houses (further - houses) in case of superstructure and extension (further - superstructure) premises of the increased comfort and (or) non-residential premises (further - auction), and also procedure for the conclusion of the agreement on realization of the right of designing and superstructure of premises of the increased comfort and (or) non-residential premises (further the agreement).
Subject of auction is the right of carrying out reconstruction of the houses operated by the municipal organizations.
2. Auctions are open.
3. Auctions are held by city (district) executive committee, administration of the area in the city (further - local executive committee).
4. Legal entities and individual entrepreneurs can be participants of auction.
5. By results of auction the agreement is signed with his winner.
6. Documentation and correspondence connected with the organization and holding the auction shall be constituted on Belarusian and (or) Russian. Statements and other documents submitted by the participant of auction can be constituted in other language provided that their notarized accurate translation on Belarusian and (or) Russian will be applied to them.
7. The auction is held based on the decision of local executive committee according to which the commission on holding the auction is created (further - the commission). The commissions are included representatives of territorial authority of architecture and town planning, bodies for economic development, construction and housing and communal services, and also representatives of other state bodies and organizations can join.
The commission can be created for holding one auction or for certain period.
8. Local executive committee:
creates and approves structure of the commission;
adopts statements for participation in auction and the documents specified in Item 15 of this provision;
determines the place, date and time of the beginning and the end of reception of applications about participation in auction, the place, date and time of holding the auction, leading of its results;
provides submission of lists of houses;
represents data on the cadastral cost of the parcel of land;
submits necessary documentation for acquaintance of participants of auction;
prepares and publishes in mass media of the notice on the held auction;
will organize search of potential customers (builders);
checks correctness of document creation for participation in auction, provided by legal entities and individual entrepreneurs;
determines sources of financing of actions for holding the auction;
determines and approves costs for the organization and holding the auction, including the expenses connected with production and provision to participants of documentation necessary for its carrying out;
performs technical and organizational support of work of the commission;
prepares the draft agreement;
signs with participants of auction the agreement on the rights, obligations and responsibility of the parties in the course of preparation and holding the auction (further - the agreement).
determines and approves starting price of subject of auction;
determines amount of deposit (to 10 percent from starting price of subject of auction) and approves holding the auction conditions;
establishes the size of the penalty paid by participants of auction according to part three of Item 15 of this provision and legal acts;
makes the decision on the admission of legal entities and individual entrepreneurs to participation in auction or on refusal in such admission and notifies them on the made decision;
makes reasoned decision on non-recognition of any of participants of auction by his winner;
holds auction and draws up its results;
resolves the disputes which arose in the course of holding the auction or in case of registration of its results.
10. The commission has the right to make decisions on condition of presence at meeting at least 2/3 of her members.
The decision is made by open voting of the members of the commission who are present at meeting, by a simple majority vote. In case of equality of votes the commission chairman has the right of casting vote. The decision of the commission is drawn up by the protocol which is signed by the chairman and members of the commission who were present at meeting.
11. Starting price of subject of auction is the cadastral cost of the parcel of land on which there is house.
Starting price of subject of auction is established in relation to each specific house.
12. To his potential participants of the complete information about auction subject the commission develops for holding the auction and provision and creates (draws up) packet of auction documentation which includes:
the holding the auction conditions approved by the commission;
copy of the decision of local executive committee on holding the auction;
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