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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of June 17, 2011 No. 253

About single questions of purchase and sale of apartment houses (apartments) of agricultural organizations

(as amended on 12-03-2020)

For the purpose of streamlining of questions of the order by apartment houses (apartments) of agricultural organizations:

1. Determine that:

1.1. agricultural organizations * have the right according to the procedure, established by this Decree, to perform sale:

populated and not populated apartment houses (apartments), and also the incomplete preserved capital structures which creation as premises is authorized according to the legislation, but it is not complete, located (being located on start date of construction (reconstruction), date of acquisition) in settlements with population to 20 thousand people (further, if is not provided other, - premises) who are in the state-owned property and economic maintaining, operational management or free use of the agricultural organizations including constructed (reconstructed), acquired with the state support **;

the premises built (reconstructed), acquired with the state support and which are in private property of agricultural organizations and also in private property and economic maintaining agricultural organizations;

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* For the purposes of this Decree agricultural organizations are understood as the legal entities performing production of agricultural products, fish breeding, provision of services in the field of crop production and livestock production, veterinary, meliorative services and services in servicing of agricultural industry, carrying out scientific research in the field of agricultural industry.

** For the purposes of this Decree the state support is understood as means of local budgets, local target budget housing investment funds, innovative funds created in the procedure established by the legislation and also the soft credits obtained in Belagroprombank open joint stock company.

1.1-1. the local executive and administrative organ of basic territorial level or the organization authorized by it has the right according to the procedure, established by this Decree, to perform sale of populated apartment houses (apartments) transferred within implementation of presidential decrees of the Republic of Belarus of July 4, 2016 to No. 253 "About measures for financial improvement of agricultural organizations" and of July 14, 2016 No. 268 "About creation and activities of Asset Management Agency open joint stock company;

1.2. the decision on sale of the premises specified:

in the paragraph the second subitem 1.1 and subitem 1.1-1 of this Item, is accepted according to the procedure, established by the relevant local councils of deputies;

in paragraph three of subitem 1.1 of this Item, is accepted by the supreme body of management of economic society, production cooperative, the owner of property of the private unitary enterprise or the body authorized by them. At the same time citizens * (except the citizens acquiring premises at auction) shall be informed on the made decision no later than one month from the date of submission of the statement for acquisition of premises by them;

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* For the purposes of this Decree citizens are understood as the citizens of the Republic of Belarus including who are constantly living beyond its limits, the foreign citizens and persons without citizenship including who are not living constantly in the territory of the Republic of Belarus, but having the right to acquisition of premises according to international treaties of the Republic of Belarus.

1.3. seller of premises and the agreement party of purchase and sale is the agricultural organization, and in case of sale of populated apartment houses (apartments) transferred within implementation of presidential decrees of the Republic of Belarus of July 4, 2016 to No. 253 and of July 14, 2016 No. 268, - local executive and administrative organ of basic territorial level or the organization authorized by it.

2. Sale of the populated apartment house (apartment) is performed to the employer of this apartment house (apartment), or from its consent to the full age member of his family, or other citizen who according to the legislation have right of possession, equal with the employer, and uses of this apartment house (apartment) (further - the citizen living in the apartment house (apartment).

The part two is excluded.

The populated apartment house (apartment), the constructed credit (reconstructed), acquired by agricultural organization with attraction of soft credit of Belagroprombank open joint stock company, on which is not repaid, No. 405 "About some measures for construction of apartment houses (apartments) in the rural zone" can be sold on condition of the translation of debt of agricultural organization, local executive and administrative organ of basic territorial level on soft credit on the citizen living in this apartment house (apartment) according to the Presidential decree of the Republic of Belarus of August 30, 2005 (The national register of legal acts of the Republic of Belarus, 2005, No. 137, 1/6744).

The purchase and sale agreement of premises, the constructed soft credit of Belagroprombank open joint stock company (reconstructed), acquired by agricultural organization with attraction according to which credit is not repaid shall contain condition about payment by the citizen living in the apartment house (apartment), agricultural organization, and in case of sale of populated apartment houses (apartments) transferred within implementation of presidential decrees of the Republic of Belarus of July 4, 2016 to No. 253 and of July 14, 2016 No. 268, - to local executive and administrative organ of basic territorial level or the organization of money authorized by it in the amount equal to difference between the price of premises and the amount of debt transferred on the citizen on soft credit.

3. Sale of not populated premises by agricultural organization is performed to the citizens staying on the registry of the housing conditions needing improvement in this agricultural organization.

In the absence of buyers from among the citizens staying on the registry of the housing conditions needing improvement in agricultural organization, this agricultural organization has the right to sell not populated premises to citizens at auction with the starting price equal to the estimated value of premises calculated by index method. At the same time the estimated value is determined by results of the internal or independent assessment which is carried out according to the legislation on estimative activities.

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