RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 25, 2012 No. 590

About approval of the Regulations on procedure for provision to legal entities and individual entrepreneurs in free use of capital structures (buildings, constructions), the isolated rooms, parking places, their parts under the obligations which are drawn up by the agreement on creation of workplaces

In pursuance of Item 5 of the Presidential decree of the Republic of Belarus of March 29, 2012 "About some questions of lease and free use by property" the Council of Ministers of the Republic of Belarus DECIDES: No. 150

1. Approve the enclosed Regulations on procedure for provision to legal entities and individual entrepreneurs in free use of capital structures (buildings, constructions), the isolated rooms, parking places, their parts under the obligations which are drawn up by the agreement on creation of workplaces.

3. To local executive and administrative organs to establish procedure for provision to legal entities and individual entrepreneurs in free use of capital structures (buildings, constructions), the isolated rooms, parking places, their parts which are in municipal property, and also in property of economic societies in which authorized capitals more than 50 percent of shares (shares) belong to administrative and territorial units, under the obligations which are drawn up by the agreement on creation of workplaces.

4. This resolution becomes effective after its official publication and does not extend the action to the contracts of free use signed to its introduction in force.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of June 25, 2012 No. 590

Regulations on procedure for provision to legal entities and individual entrepreneurs in free use of capital structures (buildings, constructions), the isolated rooms, parking places, their parts under the obligations which are drawn up by the agreement on creation of workplaces

1. This Provision establishes procedure for provision to legal entities and individual entrepreneurs in free use under the obligations which are drawn up by the agreement on creation of workplaces * capital structures (buildings, constructions), the isolated rooms, parking places, their parts (further - real estate) which are in republican 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 (further - economic societies).

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* For the purposes of this provision the workplace is understood as the place of permanent or temporary stay of the worker in the course of the labor activity performed by it, including places of satisfaction its organizational and technical (rooms for storage of working tools, stock and another) and sanitary and household (wardrobe, washrooms, toilets, shower, rooms of personal hygiene, the room for meal and another) requirements.

2. The decision on provision in free use of real estate is made on the real estate which is in property:

The Republic of Belarus, - according to the procedure, the established legal acts for the order the property which is in republican property;

economic societies, - economic societies.

3. Loaners are:

the real estate which is in republican property, the republican state bodies, their territorial authorities and other state organizations subordinated to the Government of the Republic of Belarus, the National Bank, Administration of the President of the Republic of Belarus, Administration of the President of the Republic of Belarus, the Investigative Committee, the State committee of judicial examinations, National academy of Sciences of Belarus, 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 and transport prosecutor's offices, bodies of the State Control Committee, the republican unitary enterprises and organizations, other organizations, for which the real estate which is in republican property it is fixed on the right of economic maintaining or operational management (further - republican legal entities), 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, republican state public associations to which the real estate which is in republican property is transferred to free use;

the real estate which is in property of economic societies, economic societies.

3-1. Based on the statement of the legal entity, the individual entrepreneur not used real estate * taking into account the features provided in parts two and third this Item is transferred to free use. The case cannot be refused to the applicant the conveyance of real property, except for if for date of filing of application other decision according to the order by this property or to its use otherwise is made.

Not used real estate located in borders of Minsk, the regional centers and the areas of the same name included in Single information base of not used state-owned property, held for sale and leasing, placed on the Internet portal of the State committee on property, is transferred to free use in cases if this real estate:

it is not involved in economic circulation by alienation at auction (on tender), including with establishment of starting price of the sale equal to one basic size determined by the legislation or by sale at auction of right to contract of lease and such auction is not demanded by cancelled within 30 calendar days from the date of recognition in accordance with the established procedure;

subject to leasing without sale of right to contract of lease, it is not demanded within 60 calendar days from the date of placement of information on him in the specified Single information base.

Not used real estate located in borders of Minsk, the regional centers and the areas of the same name which is in property of economic societies is transferred to free use if this property is not demanded within 60 calendar days from the date of placement of information on him on the global computer Internet on the official sites of economic societies and (or) state bodies and other state organizations, authorized to manage the stocks (shares in authorized fund) of these economic societies owned by the Republic of Belarus.

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* For the purposes of this provision not used real estate is understood as capital structures (buildings, constructions), the isolated rooms, parking places, their parts which are not used in economic circulation, not planned including according to the business plans approved by loaners, to further use.

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