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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of March 29, 2012 No. 150

About some questions of lease and free use by property

(The last edition from 15-11-2016)

For the purpose of increase in efficiency of use of the property which is in state-owned property in enhancement of procedure for determination of the amount of the rent when leasing the property which is in state-owned property and also in property of economic societies in which authorized capitals more than 50 percent of shares (shares) are in property of the Republic of Belarus and (or) its administrative and territorial units I decide:

1. Approve enclosed:

Regulations on procedure for leasing of capital structures (buildings, constructions), the isolated rooms, parking places, their parts which are in republican property;

Regulations on procedure for determination of the amount of the rent when leasing capital structures (buildings, constructions), the isolated rooms, parking places, their parts;

Regulations on procedure for determination of the amount of the rent when leasing capital structures (buildings, constructions), the isolated rooms, their parts in the markets and in shopping centers for the organization and implementation of retail trade;

Regulations on procedure for determination of the amount of the rent when leasing the machines, the equipment, vehicles, other personal estate relating to fixed assets which are in state-owned property.

2. Determine that:

2.1. basic rent size since April 1, 2012 constitutes 54 000 rubles. Further the size of basic rent size is annually established by Council of Ministers of the Republic of Belarus taking into account change of consumer price index for previous year in relation to preceding and applied since April 1 year in which it is established;

2.2. the republican state bodies, their territorial authorities, other state organizations subordinated to the Government of the Republic of Belarus, the Administration of the President of the Republic of Belarus, the Investigative Committee, the State committee of judicial examinations, other state bodies and other state organizations subordinated to the President of the Republic of Belarus, their territorial authorities, the Supreme Court regional (The Minsk city) courts and economic courts of areas (Minsk), the Prosecutor General's Office, territorial prosecutor's offices, bodies of the State Control Committee provide transfer in the republican budget of payment for the right of the conclusion of lease agreements of capital structures (buildings, constructions), including the rights to which are not registered in accordance with the established procedure, the isolated rooms, parking places, their parts (further, unless otherwise specified, - real estate) which are in republican property received when holding auctions for sale of the right of the conclusion of lease agreements (further - payment), and the rent received from leasing of this real estate, and when leasing capital structures (buildings, constructions), including the rights to which are not registered in accordance with the established procedure, the isolated rooms, than their parts in the markets and in shopping centers to legal entities and individual entrepreneurs for the organization and implementation of retail trade - the rent which remained after deduction of the expenses connected with content and operation of this real estate, except for costs for sanitary content also cold water supply, water disposal (sewerage), gazo-, electro-also heat supply, maintenance of the elevator, the address with solid municipal waste (further - means) is hotter if other is not provided by legal acts;

2.3. The National Bank, the republican unitary enterprises, organizations, other organizations to which the real estate which is in republican property is assigned on the right of economic maintaining or operational management and also the joint-stock companies created in the course of transformation of the rent companies, collective (national) companies, state companies, state unitary enterprises and privatization of the rent companies, and republican state public associations concerning the real estate transferred to them to free use which is in republican property provide transfer in the republican budget of 50 percent of payment and 25 percent of means if other is not provided by legal acts.

The amount of payment and the means which are subject to transfer in the republican budget according to part one of this subitem is determined after calculation and deduction of the accrued tax on value added;

2.3-1. the lessors of capital structures (buildings, constructions) specified in subitem 2.2 and part one of subitem 2.3 of this Item, the rights to which are not registered in accordance with the established procedure, shall till July 1, 2017, and in case of the conclusion of the lease agreement after January 1, 2017 - within six months from the date of the conclusion of such agreement to provide state registration of the rights to the specified property, except cases when these capital structures (buildings, constructions) are located on lands public. Before the expiration established in this part for state registration of the rights to capital structures (buildings, constructions), the payment and means, being at the command the lessor, go it including to the expenses connected with state registration of the rights to such property.

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