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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of March 24, 2005 No. 148

About urgent measures for support of entrepreneurship

(as amended on 31-10-2019)

For the purpose of creation of conditions for further development of entrepreneurship in the Republic of Belarus, providing guarantees of observance of the rights and legitimate interests of persons performing business activity, suppression of abuses in this sphere, expansions of commodity market and services, forming in the country of favorable economic climate:

1. Determine that:

1.1. ceased to be valid according to the Presidential decree RB of 29.03.2012 No. 150

1.2. it is excluded

1.3. it is excluded

1.4. it is excluded

1.5. it is excluded

1.6. it is excluded

1.7. No. 411 is excluded according to the Presidential decree of the Republic of Belarus of 31.10.2019

1.8.  No. 563 is excluded according to the Presidential decree RB of 01.12.2011

1.9. till January 1, 2006 are subject to return by the owner (lessor) of the trade place to the lessee - the individual entrepreneur the money paid within three years before entry into force of this Decree by this lessee to the owner (lessor):

based on the unilateral decision of the owner (lessor);

according to the bargain concluded on extremely unprofitable conditions for this lessee in comparison with those which the owner (lessor) used.

The called money which is not returned voluntarily till January 1, 2006 can be collected by the lessee - the individual entrepreneur judicially within three years from the date of entry into force of this Decree;

1.10. for the organization of interaction of individual entrepreneurs, owners (lessors) of trade places, local executive and administrative organs by individual entrepreneurs on shopping facilities councils of individual entrepreneurs are created (further - councils).

Council is elected secret vote from among the individual entrepreneurs who are lessees of trade places on this shopping facility in quantity from three to seven people for the term of at least two years.

The regulations on council providing its powers including on informing law enforcement and monitoring bodies on violation of the law when implementing checks of individual entrepreneurs and control of observance of the legislation by them, affirm Council of Ministers of the Republic of Belarus.

With members of councils early agreement cancelation of lease of trade places, except as specified systematic (two and more times within calendar year) not introduction of the rent by them is not allowed. The action for declaration about early agreement cancelation of lease of the trade place with the member of council can be submitted by the lessor to economic court of area (city of Minsk) only after obligatory preliminary consideration by the chairman (head of administration) of local executive and administrative organ of primary or basic level of the reasons of submission of this statement.

Disputes between individual entrepreneurs and lessors of trade places over the questions connected with the rent and other payments are permitted by economic court of area (city of Minsk) after their obligatory preliminary consideration by chairmen of regional executive committees and the Minsk Gorispolkom with participation of councils;

1.11. No. 411 is excluded according to the Presidential decree of the Republic of Belarus of 31.10.2019

2. Heads of local executive and administrative organs bear the personal responsibility for activities of shopping facilities on which as lessees individual entrepreneurs, and also support timely and comprehensive consideration of notes and proposals of individual entrepreneurs, councils, and also owners (lessors) of trade places.

3. Provide to individual entrepreneurs:

3.1. delay of the debt formed for March 1, 2005 in Social Security Fund of the population of the Ministry of Labour and Social Protection on payment of compulsory insurance premiums - till July 1, 2005, economic sanctions and penalty fee - till July 1, 2008.

3.2. repayment payment by installments from July 1, 2005 to June 30, 2008 debts on payment of compulsory insurance premiums in Social Security Fund of the population of the Ministry of Labour and Social Protection according to the schedules approved by bodies of this Fund.

Action of delay and (or) the payment by installments specified in subitems 3.1 and 3.2 of this Item stops:

after fixed term;

in case of early payment of the corresponding payments;

in case of failure to pay the current payments by individual entrepreneurs in Social Security Fund of the population of the Ministry of Labour and Social Protection.

In case of failure to pay at the scheduled time of payments on which delay and (or) payment by installments are granted the remained outstanding amount is collected according to the legislation with charge of penalty fee proceeding from the refunding rate of National Bank operating on the date of collection.

In case of payment of the current payments on compulsory insurance premiums in Social Security Fund of the population of the Ministry of Labour and Social Protection and complete repayment of the spread debt on payment of the specified fees the deferred debt on payment of economic sanctions and penalty fee is written off.

The amounts of economic sanctions and penalty fee irrespective of the term of their charge paid by individual entrepreneurs till January 1, 2006 are subject to offsetting on account of the available debt on payment of compulsory insurance premiums in Social Security Fund of the population of the Ministry of Labour and Social Protection, and in the absence of such debt - on account of the forthcoming payments on compulsory insurance premiums. The debt on payment of economic sanctions and penalty fee formed till January 1, 2006 is written off in case of complete repayment of the spread debt on payment of compulsory insurance premiums in this Fund.

4.  No. 563 is excluded according to the Presidential decree RB of 01.12.2011

5. To Council of Ministers of the Republic of Belarus:

cancel in accordance with the established procedure collection of payment for certification about the state hygienic regulation and registration for chemical and biological substances, materials and products from them, industrial goods, goods for personal (household) needs, food staples and foodstuff, and also on the materials and products applied to production, packaging, storage, transportation, sale or other methods of alienation of food staples and foodstuff and their use;

approve regulations on councils of the individual entrepreneurs created in the markets and shopping facilities of private pattern of ownership at which individual entrepreneurs speak as lessees;

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