Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of May 15, 2008 No. 267

About some questions of implementation of account transactions and introduction of amendments and changes in the Presidential decree of the Republic of Belarus of June 29, 2000 No. 359

(as amended on 07-05-2015)

For the purpose of enhancement of the relations arising in case of suspension of account transactions in bank or the non-bank credit and financial organization (further - bank) and seizure of the money which is on accounts in bank deposits (deposits):

1. Determine that during operation of the resolution (determination) on seizure of the money which is on accounts available in bank, in bank deposits (deposits), accepted (taken out) by court (judge), the prosecutor or his deputy, criminal prosecution authority, the official of the body conducting administrative process, the legal executive (further – the resolution (determination) on seizure), and (or) the decision (resolution) on suspension of transactions according to such bank accounts made (taken-out) body State Control Committee, tax, customs authority, the Ministry of Finance, its territorial authority, local financial body, city, district and district department in the cities regional Minsk city Social Security Fund of the population of managements of the Ministry of Labour and Social Protection, the legal executive (further – the decision on suspension of account transactions), account account transactions (and in case of availability in bank only of the resolution (determination) on seizure with indication of the amount which it is seized – account account transactions within the amount which it is seized) stop, except for:

the transactions connected with implementation of payments in the budget, including in the state trust budget funds, and also state non-budgetary funds (further – payments in the budget), according to obligations of person whose account transactions are suspended and (or) on being on accounts in bank deposits (deposits) money of which it is seized;

the transactions connected with execution by bank of decisions of tax authority on tax collection, collection (duty), penalty fee and (or) resolutions of city, district and district departments in the cities regional, Minsk city Social Security Fund of the population of the managements of the Ministry of Labour and Social Protection about indisputable collection of shortage added by penalty fee in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus (further – the budget of fund) at the expense of means of debtors of the payer (other obliged person) – the organizations, in case of absence in bank of the decision on suspension of account transactions made by body of the State Control Committee, and (or) resolutions (determinations) on seizure;

other transactions which are not provided in paragraphs second and third this part (including the transactions called in paragraph three of this part, in the presence in bank of the decision on suspension of account transactions made by body of the State Control Committee, and (or) the resolution (determination) on seizure and also the transactions performed based on the unexecuted payment instructions which are in bank).

The transactions specified in paragraph four of part one of this Item are performed in the presence of permissions of all bodies (officials), the made (passed) decision on suspension account transactions, and (or) bodies (officials) who accepted (issued) the decree (determination) on seizure.

The permission specified in part two of this Item is issued based on the written application of the account holder (person having the right to dispose of the money which is on the account) or the claimant of payment, and in case of return of the money enlisted as a result of technical mistake of bank the account of the inadequate receiver which account transactions are suspended and (or) on the money of which which is on accounts in bank deposits (deposits) it is seized, – the written application of bank. Reasons for need of implementation of payment with appendix of supporting documents are specified in the statement.

Permission or motivated refusal in such permission of body (official) who made (passed) the decision on suspension of account transactions and (or) the resolution (determination) on seizure goes to the person who submitted the application for receipt of permission according to part three of this Item and to bank within ten working days from the date of receipt of the statement.

The account transactions connected with implementation of the payments specified in paragraphs the second or fourth to part one of this Item are made based on the payment instructions performed according to the procedure of calendar receipt them in bank, at the same time:

payments in the budget for executive documents of courts are made in relation to other payments in first-priority procedure, and on the relation to each other – according to the procedure of calendar receipt of payment instructions in bank;

payments of legal entities and individual entrepreneurs on account of debt repayment on salary payment in the amounts corresponding to 1,5 of the size of the budget of subsistence minimum for the able-bodied population corrected during the period between approvals of its sizes on consumer price index on each worker taking into account coefficients of increase in the tariff charges of workers in accordance with the established procedure proceeding from payroll number of workers and to the amount of payment of leaves, payments of insurance premiums for these amounts for compulsory insurance from labor accidents and occupational diseases, compulsory insurance premiums, fees on professional pension insurance on these amounts of the budget of fund, the dismissal wages, the alimony and payments on expense recovery spent by the state for content of the children who are on the state providing, benefits on the national social insurance, the income tax from physical persons estimated from these amounts of the income, taxable, and also payments on return of the money enlisted as a result of technical mistake of bank the account of the inadequate receiver which account transactions are suspended and (or) on the money of which which is on accounts in bank deposits (deposits) it is seized, on account of urgent needs are performed out of turn.

2. Bring in the procedure of payments between legal entities, individual entrepreneurs in the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of June 29, 2000 No. 359 (The national register of legal acts of the Republic of Belarus, 2000, No. 64, 1/1403; 2003, No. 79, 1/4767; 2006, No. 53, 1/7389; No. 142, 1/7845), following amendments and change:

2.1. in Item 1:

after paragraph one to add Item with the paragraph of the following content:

"calculations made from the current (settlement) accounts of legal entities and individual entrepreneurs at the expense of the means of bank loan received on the purpose according to the credit agreement;";

the second or fourth to consider paragraphs respectively paragraphs the third or fifth;

after the paragraph of the fourth to add Item with the paragraph of the following content:

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