Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of October 28, 2008 No. 1599

About features of carrying out the public biddings (biddings) on realization of the parcels of land which are mortgage subject

(as amended on 12-05-2017)

According to part three of Item 1 of article 41 of the Law of the Republic of Belarus of June 20, 2008 "About mortgage" the Council of Ministers of the Republic of Belarus DECIDES:

1. Determine that:

1.1. the public biddings (biddings) on realization of the parcels of land which are mortgage subject are carried out according to the legislation on enforcement proceeding and the civil legislation:

legal executives concerning the parcels of land on which collection by a court decision is turned;

pawnbrokers concerning the parcels of land on which collection is turned based on notarially certified agreement of the pawnbroker with the pledger on satisfaction of requirements of the pawnbroker at the expense of the parcel of land which is mortgage subject without appeal to the court concluded to or after emergence of the bases for the address of collection established by the legislation on this parcel of land;

1.2. the pawnbroker who holds the public auction (biddings) or the legal executive shall notify in writing pawnbrokers, data on whom concerning the implementable parcel of land contain in the single state register of real estate, the rights to it and transactions with it, and to publish notices on the held public auction (biddings) in in the printing mass media determined by Council of Ministers of the Republic of Belarus.

Information on the held public auction (biddings) and the implementable parcels of land in addition can be placed in other printing mass media;

1.3. starting price of the parcel of land which is subject of mortgage and realized at the public biddings (biddings) is determined by the judgment according to the procedural legislation in case of the address of collection on the parcel of land which is mortgage subject, judicially or the agreement of the pawnbroker and pledger in case of the address of collection on the parcel of land which is mortgage subject without appeal to the court if other is not provided by legal acts, and cannot be below the cadastral cost of the parcel of land for date of the conclusion of the agreement on mortgage if other is not established by the President of the Republic of Belarus;

1.4. the public biddings (biddings) on realization of the parcels of land which are mortgage subject are carried out in the form of open auctions;

1.5. means from carrying out the public biddings (biddings) arrive into the deposit account of court - when carrying out these biddings by the legal executive or to the pawnbroker holding the public auction (biddings);

1.6. from the means obtained from realization of the parcel of land which is mortgage subject:

obligations to the pawnbrokers who declared the requirements to the pledger before carrying out the public biddings (biddings) taking into account privileges of the requirement are settled;

the satisfactions of all requirements which remained later of funds (are transferred to the pledger in case of their availability);

1.7. the decision on distribution of the means obtained from realization of the parcel of land which is mortgage subject is accepted and signed by the pawnbroker holding the public auction (biddings) or the legal executive within 3 working days after carrying out the public biddings (biddings);

1.8. the decision on distribution of the means obtained from realization of the parcel of land which is mortgage subject can be appealed by pawnbrokers in court within 30 working days from decision date about distribution of means;

1.9. money transfer, specified in subitem 1.6 of this Item, is performed after 30 working days from decision date about distribution of means.

2. This resolution becomes effective since December 27, 2008.

First Deputy Prime Minister of the Republic of Belarus

V. Semashko

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.