PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of August 11, 2011 No. 361

About enhancement of procedure for cost determination of construction of facilities and modification of some presidential decrees of the Republic of Belarus

For the purpose of enhancement of pricing in construction, implementations in practice of construction of the constant contract (contractual) prices:

1. Determine that:

1.1. exceeding (decrease) of actual cost of contractor's work in relation to the constant contract (contractual) price of accomplishment of contractor's work in case of achievement of consumer and quality characteristics of object according to the project documentation belongs on financial results of activities of the contractor, except for the case specified in part two of this subitem.

In case of decrease in actual cost of the contractor's work performed in case of construction of premises for the citizens performing construction of such rooms with the state support, the contractor returns to the customer the money which is not used on the construction purpose;

1.2. for the purpose of forming of the republican regulatory base of current prices on resources by the Ministry of Architecture establishes procedure for carrying out monitoring of the prices (rates) for resources;

1.3. construction of facilities on which estimate documentation (estimate) is developed based on resource estimate norms and on which for May 1, 2023 construction contracts are not signed is allowed on condition of recalculation of estimated cost of asset construction (construction queue) based on standard rates of expense of resources in kind.

2. Make changes to the following presidential decrees of the Republic of Belarus:

2.1. in subitem 1.2 of Item 1 of the Presidential decree of the Republic of Belarus of August 30, 2005 No. 405 "About some measures for construction of apartment houses (apartments) in agricultural organizations" (The national register of legal acts of the Republic of Belarus, 2005, No. 137, 1/6744; 2007, No. 223, 1/8874; 2009, No. 131, 1/10714):

exclude part one;

speak rapidly second or third to consider respectively parts of the first or second;

to exclude from part one of the word "At the Same Time";

2.2. ceased to be valid according to the Presidential decree of the Republic of Belarus of 26.02.2021 No. 58

2.3. the Section "Ministry of Architecture" of appendix 1 to the Presidential decree of the Republic of Belarus of February 25, 2011 No. 72 "About some questions of price regulation (rates) in the Republic of Belarus" (2011, 26, 1/12374) to state the national register of legal acts of the Republic of Belarus to No. in the following edition:

"Ministry of Architecture

The construction materials, products, designs, works and services used (which are carried out, rendered) when constructing facilities, financed fully or partially by means republican and (or) local budgets, including the state trust budget funds, and also the state non-budgetary funds, external state loans and external loans attracted under guarantees of the Government of the Republic of Belarus, the credits of banks of the Republic of Belarus under guarantees of the Government of the Republic of Belarus and regional, Minsk city executive committees, and also in case of construction of apartment houses (except for the means of foreign investors financed with use)".

2-1. Requirements of this Decree are not applied when constructing facilities according to town-planning projects of the Chinese-Belarusian industrial park "Great Stone".

3. In three-months time to provide to Council of Ministers of the Republic of Belarus reduction of regulatory legal acts in compliance with this Decree.

4. To impose control over the implementation of this Decree on the State Control Committee.

5. This Decree becomes effective since January 1, 2012, except for subitem 2.3 of Item 2, becoming effective in month after the official publication of this Decree, Item 3 and this Item which are becoming effective from the date of official publication of this Decree.

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