PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of May 5, 2009 No. 232

About some questions of holding auctions (tenders)

For the purpose of further enhancement of procedure for holding auctions (tenders):

1. Determine that:

1.1. it is not allowed if other is not provided by this Decree, establishment and collection from the participant of auction (tender) (further - the participant) payments for the organization, carrying out or participation in auction (tender), including for application (statement) for participation in it, provision of documentation necessary for its carrying out, in cases when obligation of holding the auction (tender) in case of the order property, performance of works, rendering services, provision of the rights, including to intellectual property items, is established by the legislation;

1.2. under the organization and holding auctions (tenders):

participants make deposit in the amount of, procedure and the terms determined in the notice on holding the auction (tender);

to the participant who did not win the biddings and also in other cases, stipulated by the legislation, the deposit shall be returned within five working days from the date of holding the auction (tender). To the participant who won the biddings, the amount of the made deposit is considered on account of obligation fulfillment under the agreement signed by results of auction (tender);

in case of refusal or evasion of the participant who won the biddings from signing of the protocol and (or) the agreement which is drawn up by results of auction (tender), cost recovery on the organization and holding the auction (tender) and also in other cases, stipulated by the legislation, the deposit made by it is not subject to return;

cost recovery on the organization and holding the auction (tender), including the expenses connected with production and provision to participants of documentation necessary for its carrying out is performed by the participant who won the biddings. The amount of such compensation shall not exceed the amounts of actual costs on the organization and holding the auction (tender), production of documentation necessary for its carrying out, and also to include costs on earlier held not productive, cancelled auctions (tenders) in case of repeated exposure of object to the biddings;

cost information, specified in paragraph five of this subitem, procedure and terms of their compensation without fail is brought to the attention of participants prior to holding the auction (tender) on each object (lot) offered for auction (tender);

order taking (statements) for participation in auction (tender), except for auctions (tenders) selling subjects to privatization, and also auctions (tenders) at the choice of the investor for the conclusion with it the concession treaty, shall come to an end not earlier than before three working days before date of auction (tender).

The organizer of auction (tender) before date of auction (tender) consist in stipulated by the legislation cases with agreement parties in which the rights, obligations and responsibility of the parties in the course of preparation and holding the auction (tender), including the size of the penalty paid are provided:

the participant who won the biddings, but refused or evaded from signing of the protocol and (or) the agreement which is drawn up by results of auction (tender), and (or) cost recovery on the organization and holding the auction (tender);

the participants who refused to announce the price for auction subject in case such announcement is stipulated by the legislation therefore the auction is recognized as not productive.

At the same time the penalty size paid in case, the provided in paragraph three of part two of this subitem in case of starting price of subject of auction, component:

less than 500 basic sizes, - cannot exceed 100 basic sizes; more than 500 basic sizes, - cannot exceed 20 percent from starting price of subject of auction.

The size of penalty shall be identical to all participants of auction (tender).

The penalties specified in part two of this subitem within one month from the date of holding the auction (tender) are subject to payment in case of the organization of auction (tender) for the account:

means of the republican or local budget - in the republican or corresponding local budget;

other means which are not specified in the paragraph the second to this part - to the organizer of auction (tender).

If the organization and holding the auction (tender) were performed at the expense of various sources, the penalties specified in part two of this subitem are subject to payment by participants to the organizer of auction (tender) with their distribution within five working days from the date of receipt of penalty on the current (settlement) account of the organizer of auction (tender) in proportion to the size of costs from various sources;

data of participants prior to holding the auction (tender) on each object (lot) offered for auction (tender);

1.3. No. 287 is excluded according to the Presidential decree of the Republic of Belarus of 15.08.2017

1.4. if the auction is acknowledged cancelled owing to the fact that the application (statement) for participation in it is submitted only by one participant or for participation in it only one participant was, the subject of auction is on sale to this participant in case of its consent at the initial price increased by 5 percent.

In case of receipt of the request (statement) for participation in tender from one participant or appearance sale of subject of tender to this person is made for participation in it only of one participant and compliance of its offers to conditions of tender on terms offered to them.

In case of sale of subject of auction (tender) according to parts one and the second this subitem, the rules established by subitem 1.2 of this Item for the participant who won the biddings are applied.

The compulsory provision for transactions, provided by parts one and the second this subitem, is publication of information on holding the auction (tender) taking into account requirements of subitem 1.5 of this Item.

If legal acts for separate types of state-owned property the compulsory provision provide sale of the parcel of land in private property or the rights of lease of the parcel of land necessary for servicing of this property, and other is not provided by legal acts, starting price of such property shall include starting price of payment for the parcel of land or the rights of lease of this parcel of land. At the same time the means spent for forming of the parcel of land and change of the parcel of land as a result of such forming, state registration concerning these sites are subject to compensation by the participant who won the biddings according to the legislation;

1.5. notices on holding auctions (tenders) are subject to obligatory publication in the printing mass media determined by Council of Ministers of the Republic of Belarus, except for notices on holding auctions (tenders) provided in part two of this subitem.

Notices on holding auctions (tenders) are subject to obligatory publication in the relation:

the property which is in republican property – on the official site of the State committee on property on the global computer Internet;

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