of September 24, 2008 No. 1408
About special premises of the state housing stock
Based on article 118 of the Housing code of the Republic of Belarus the Council of Ministers of the Republic of Belarus DECIDES:
1. Approve:
The regulations on special premises of the state housing stock (are applied);
the standard agreement of hiring of special premises of the state housing stock (is attached);
the standard agreement of hiring of special premises of the long-term accommodation located in the territory of foreign state (is attached);
the standard agreement of hiring of special premises of the short-term accommodation located in the territory of foreign state (is attached).
1-1. Determine approximate form of the employment contract of premises of private housing stock of the organizations according to appendix.
2. Subitem 6.43 of Item 6 of the Regulations on the Ministry of Labour and Social Protection of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1589 "Questions of the Ministry of Labour and Social Protection of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2001, No. 105, 5/9329; 2005, No. 24, 5/15563; 2006, No. 201, 5/24288) to state in the following edition:
"6.43. introduces in accordance with the established procedure in Council of Ministers of the Republic of Belarus offers on enhancement of procedure for provision to citizens of special premises of the state housing stock in houses boarding schools for aged and disabled people, houses boarding schools for handicapped children, special houses for veterans, aged and disabled people;".
3. Declare invalid the resolution of Council of Ministers of the Republic of Belarus of April 5, 2006 No. 454 "About approval of the Regulations on procedure for reference of premises of the state housing stock to category of special premises, ownerships and uses of them" (The national register of legal acts of the Republic of Belarus, 2006, No. 57, 5/22142).
4. To republican state bodies to bring the regulatory legal acts into accord with this resolution and to take other measures for its realization.
5. This resolution becomes effective since October 7, 2008.
First Deputy Prime Minister of the Republic of Belarus
V. Semashko
Approved by the Resolution of Council of Ministers of the Republic of Belarus of September 24, 2008 No. 1408
1. This Provision determines procedure for reference of premises of the state housing stock to special premises, and also procedure, features and the bases of provision of such rooms, ownerships and uses by them.
2. Under special premises of the state housing stock (further – special premises) specially built (acquired), released premises of the state housing stock or re-equiped for these purposes of the room are provided (including residential). Re-equipment of rooms under special premises is made with the permission of local executive and administrative organ, public institution "Administration of the Chinese-Belarusian industrial park "Great Stone" (further – administration of the park) concerning the objects of the Chinese-Belarusian industrial park "Great Stone" located in its territory, except for the territories of settlements, including Minsk and lands in borders of perspective development of Minsk according to its master plan, gardening partnerships and country cooperatives.
3. Special premises intend for permanent or temporary residence of separate categories of citizens and are provided to them according to the employment contract of special premises of the state housing stock (further – the employment contract of special premises), except for special premises in social boarding houses, including nurseries, orphanages of family type, child care residential care facilities.
4. In the employment contract of special premises the subject of the agreement, the rights and obligations of the Parties and other conditions according to the legislation are determined.
5. The employment contract of special premises is urgent and is subject to the termination (termination) in connection with loss of the bases for accommodation in special premises.
6. The payment of employers of special premises for housing and communal services and payment for use of premises, and also expense recovery of the organizations performing operation of housing stock and (or) providing housing and communal services on the electric power consumed on lighting of auxiliary rooms and operation of the equipment, including elevators in apartment apartment houses, is performed according to the procedure, established by the legislation.
7. Special premises are not subject to transfer into the ownership, exchange, the Section if other is not determined by the President of the Republic of Belarus.
8. Eviction of citizens from special premises is made in connection with the termination of the bases on which special premises were provided to them, and also in case of systematic (rub also more time within calendar year) destruction or spoil of special premises, or its use not to destination, or systematic abuse of regulations of the use of special premises making impossible for others accommodation with them in one premises if they were warned about possibility of eviction without provision of other premises and within calendar year after such prevention allowed similar violations.
9. The procedure, features and the bases of provision to citizens of special premises in the public institutions of social servicing performing stationary social servicing are regulated by Regulations on procedure, features and the bases of provision to citizens of special premises of the state housing stock in social boarding houses, including nurseries, houses of the accompanied accommodation, the approved resolution approving this Provision.
10. Not populated premises of the state housing stock located in the territory of the Republic of Belarus are included special premises and are excluded from this structure according to the decision of local executive and administrative organ, administration of the park concerning the objects of the Chinese-Belarusian industrial park "Great Stone" located in its territory, except for the territories of settlements, including Minsk and lands in borders of perspective development of Minsk according to its master plan, gardening partnerships and country cooperatives based on the petition of state body, other state organization, in economic maintaining or operational management of which there are premises.
11. For decision making about inclusion of the premises located in the territory of the Republic of Belarus in structure of special premises the state body, other state organization, in economic maintaining or operational management of which are premises, represent to local executive and administrative organ, administration of the park the petition for inclusion of premises in structure of special premises with indication of type of special premises and data on accession number (according to financial accounting and the single state register of real estate, the rights to it and transactions with it (in case of its availability).
12. The local executive and administrative organ, administration of the park in the terms established by the legislation on ministerial procedures makes the decision on inclusion of premises in structure of special premises with reference it to certain type of special premises or on refusal in such inclusion.
Information on the decision accepted by local executive and administrative organ, administration of the park goes to state body, other state organization, in economic maintaining or operational management of which there are special premises, within 3 working days from acceptance date of such decision.
13. No. 424 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 03.05.2014
14. The premises of the state housing stock located in the territory of foreign states and which are in operational management of diplomatic representations or consular establishments of the Republic of Belarus are included special premises and are excluded from it according to the decision of the Ministry of Foreign Affairs.
15. Special premises in orphanages of family type, children's villages (towns) are intended for accommodation of pupils, persons from among the former pupils who by the legislation are granted the right of temporary residence in orphanages of family type, children's villages (towns), the families which accepted children on education.
16. Special premises in child care residential care facilities intend for accommodation of pupils, pupils and persons from among the former pupils, pupils who by the legislation are granted the right of temporary residence in these organizations.
17. The right of possession and uses of special premises arises:
in orphanages of family type, child care residential care facilities, except for special teaching and educational and special medical and educational facilities, - based on the decision of local executive and administrative organ;
in special teaching and educational and special medical and educational facilities - based on sentence (decision) of court on the direction of the child in special teaching and educational or special medical and educational facility and the directions of the Ministry of Education.
18. Special premises are provided to pupils (pupils) in orphanages of family type, child care residential care facilities for a period of up to expel from orphanage of family type, child care residential care facility according to the procedure, established by the legislation, including in connection with its transfer to other child care residential care facility or other organization of education, the device to education to family and other circumstances.
Special premises in orphanages of family type, child care residential care facilities are provided to citizens by structural divisions of education, sport and tourism of local executive and administrative organs.
19. Provision to parents tutors of orphanages of family type of right of possession and use of special premises in such houses is performed based on the decision of the local executive and administrative organ which made the decision on creation of orphanage of family type.
Parents tutors of orphanages of family type in cases of the termination of the employment contract and agreement on conditions of education and content of children or their discharges from education of children are subject to eviction from the provided special premises without provision of other premises if parents tutors of such houses had no in ownership and use of premises of the state housing stock according to the employment contract of premises of the state housing stock earlier.
If parents tutors of orphanages of family type had premises of the state housing stock in ownership and use earlier, in case of their eviction by it these premises return or equivalent other premises of the state housing stock on terms of the contract of hiring of the premises concluded according to the legislation are provided.
20. No. 424 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 03.05.2014
21. Special premises contain in child care residential care facilities, orphanages of family type, children's villages (towns) at the expense of republican or local budgets.
22. Premises in temporary public housing intend for temporary residence:
the owners of premises of private housing stock, employers of premises of the state housing stock and citizens who are constantly living together with them, evicted apartment houses in connection with their capital repairs or reconstruction if capital repairs or reconstruction cannot be made without eviction. At the same time the employment contract of premises of the state housing stock is not terminated;
employers of premises of private housing stock and members of their families in case of seizure of land for the state needs which is connected with demolition or other destruction of apartment houses which owners are not found as a result of the events held according to the legislation, before the termination of terms of employment contracts of the respective premises;
citizens whose premises became unsuitable for accommodation owing to the fires, emergency situations of natural and technogenic nature, fighting and acts of terrorism, before improvement of housing conditions according to the legislation.
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