PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of July 4, 2012 No. 294

About procedure for the order state-owned property

For the purpose of enhancement of procedure for the order state-owned property * I decide:

1. According to the decision of the President of the Republic of Belarus to perform:

1.1. alienation ** being in property of the Republic of Belarus:

the companies as property complexes (further – the companies);

shares (share in authorized funds) of economic societies (partnerships) including which are in operational management or economic maintaining republican legal entities if other is not established by the President of the Republic of Belarus;

1.2. pledge being in property of the Republic of Belarus:

companies;

shares (share in authorized funds) of economic societies (partnerships);

1.3. acquisition in property of the Republic of Belarus at the expense of means of the republican budget:

shares (share in authorized funds) of economic societies (partnerships), not connected with entering of property into authorized capital (except for share acquisitions (share in authorized funds) of economic societies (partnerships) when restructuring according to legal acts of their debt on payments in republican and local budgets and according to the credit agreements signed with banks, JSC Development Bank Republic of Belarus and also other cases provided by the President of the Republic of Belarus);

the companies, capital structures (buildings, constructions), the isolated placements, parking places, the incomplete preserved capital structures, other real estate, the incomplete not preserved capital structures, shares in the right of common property on them.

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* State-owned property are understood as the order:

alienation in accordance with the established procedure at auction, on tender, without holding the auction or tender, including for implementation of the investment project;

pledge;

lease;

transfer to free use;

transfer to trust management;

transfer without transition of the property right (the cession of property in operational management or economic maintaining the state legal entity on paid or non-paid basis which is not connected with the termination of the right of republican or municipal property including transfer to ownership and the order of the State committee on property of shares (share in authorized fund) of the economic societies which are in property of the Republic of Belarus and operational management or economic maintaining republican legal entities).

The state-owned property is understood as the property assigned to republican and municipal legal entities, including state bodies on the right of operational management, economic maintaining, treasury of the Republic of Belarus and administrative and territorial units, and also the property recognized state according to the legislation and international treaties of the Republic of Belarus.

** Alienation is understood as cession of property from property of the Republic of Belarus in municipal or private property, and also from municipal property in property of the Republic of Belarus or private property, from property of one administrative and territorial unit in property of other administrative and territorial unit on paid or non-paid basis, including entering into authorized capital of the non-state legal entity.

2. According to the decision of Council of Ministers of the Republic of Belarus to perform:

2.1. alienation being in property of the Republic of Belarus:

capital structures (buildings, constructions), the isolated placements, parking places, the incomplete preserved capital structures, other real estate, the incomplete not preserved capital structures, shares in the right of common property on them (further, unless otherwise specified, – buildings, constructions, rooms, incomplete structures), the cost of each of which exceeds 10 thousand basic sizes, except for alienations of such property according to Item 5 of this Decree;

machines, the equipment, vehicles, other personal estate relating to fixed assets (further – machines, the equipment, vehicles), the cost of each of which exceeds 30 thousand basic sizes;

2.2. acquisition in property of the Republic of Belarus is non-paid, including from municipal property, the companies, buildings, constructions, rooms, incomplete structures, shares (share in authorized funds) of economic societies (partnerships);

2.3. transfer without transition of the property right of the companies which are in property of the Republic of Belarus;

2.4. leasing of the companies which are in property of the Republic of Belarus;

2.5. transfer to trust management of shares (share in authorized funds) of economic societies (partnerships) which are in property of the Republic of Belarus if other is not established by legal acts;

2.6. transfer without transition of the property right of shares (share in authorized funds) of economic societies (partnerships) which are in property of the Republic of Belarus;

2.7. pledge of the capital structures (buildings, constructions) which are in property of the Republic of Belarus, the isolated placements, parking places including which will arrive to the pledger in the future and for date of the conclusion of the agreement on mortgage are not considered created according to the legislation, the incomplete preserved capital structures, other real estate, the incomplete not preserved capital structures, shares in the right of common property on them, machines, the equipment, vehicles (except for the property which is in free use), the cost of each of which exceeds 300 thousand basic sizes.

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