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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

(as amended on 05-08-2019)

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 (except for Academies of management in case of 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), being in the 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.

In case of non-realization of state registration of the rights to capital structures (buildings, constructions) in the time established in part one of this subitem the lessor transfers into the republican budget 100 percent of means since July 1, 2017 or since the month following after month in which the six-months term established in part one of this subitem for state registration of the rights to such property expired.

In case of change of the size handed over in lease of space of capital structure (buildings, constructions), revealed when carrying out the technical inventory count performed for the purposes of state registration of the rights to it in the lease agreement corresponding changes shall be made to five-day time after issue to the lessor of the certificate (certificate) of state registration concerning such property and the rights to it. At the same time change of the size handed over in lease of space of capital structure (the building, construction) is not the basis for additional accrual or return of earlier paid payments and the rent;

2.4. in case of the leasing of real estate, machines, the equipment, vehicles, other personal estate relating to fixed assets which are in state-owned property, the real estate which is 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 the amount of the rent it is determined on the conditions provided by this Decree;

2.5. release from transfer or change of the amount of transfer in the republican budget of payment, the means and penalty fee specified in part three of subitem 2.9 of this Item is performed according to the decision of the President of the Republic of Belarus;

2.6.  No. 421 is excluded according to the Presidential decree of the Republic of Belarus of 15.11.2016;

2.7. preparation and holding auctions for sale of the right of the conclusion of lease agreements of the real estate which is in republican property and operational management of state-financed organizations * are performed at the expense of the means formed from excess of the income over expenses, these organizations being at the command from the activities which are bringing in incomes, and in case of their absence - at the expense of means of the republican budget. Costs for the organization and holding the auction are compensated by the winner of auction or the single participant of auction in case of its consent to acquisition of right of the conclusion of the lease agreement at the initial price increased by 5 percent;

2.8. the property which is in republican property can be transferred to the sublease only with the consent of the lessor and on the conditions provided in the lease agreement;

2.9. payment and (or) funds are transferred in the income of the republican budget no later than the 22nd following reporting.

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