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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of October 3, 2012 No. 905

About measures for implementation of the Presidential decree of the Republic of Belarus of July 4, 2012 No. 294 and modification and amendments in some resolutions of Council of Ministers of the Republic of Belarus

(as amended on 23-02-2017)

According to Item 15 of the Presidential decree of the Republic of Belarus of July 4, 2012 No. 294 "About procedure for the order state-owned property", and also for the purpose of enhancement of legal relationship in the sphere of the order state-owned property and its accounting the Council of Ministers of the Republic of Belarus DECIDES:

1. Establish procedure for preparation of drafts of decisions on the order the property which is in property of the Republic of Belarus according to appendix 1.

2. Authorize the State committee on property to explain questions of application of the Presidential decree of the Republic of Belarus of July 4, 2012 to No. 294 "About procedure for the order state-owned property" (The national legal Internet portal of the Republic of Belarus, 06.07. 2012, 1/13593).

3. To the state committee on property:

3.1. to monthly introduce in Council of Ministers of the Republic of Belarus in accordance with the established procedure drafts of decisions of the Government of the Republic of Belarus on the order the capital structures (buildings, constructions) isolated by rooms, parking places, the incomplete preserved capital structures, other real estate, the incomplete not preserved capital structures, shares in the right of common property which are in property of the Republic of Belarus on them, non-paid acquisition in property of the Republic of Belarus of the specified property, prepared based on the corresponding projects developed by the state bodies and the organizations determined in paragraph one of Item 3 of the Presidential decree of the Republic of Belarus of July 4, 2012 No. 294, according to appendix 1 to this resolution with appendix of reasons containing information on provision all the documents listed in appendix 1 to this resolution and compliance it the data specified in these drafts of decisions;

3.2. based on provided by regional executive committees and the Minsk Gorispolkom of information on methods of drawing into economic circulation of not used and inefficiently used property which is in property of the Republic of Belarus included in the list of not used and inefficiently used property which is in property of the Republic of Belarus (further - not used and inefficiently used property) to provide coordination of works on provision to regional executive committees and the Minsk Gorispolkom of the documents listed in appendix 1 to this resolution for decision making on the order not used and inefficiently used by property, including establishment of terms of provision of these documents, and also providing in stipulated by the legislation cases of carrying out in accordance with the established procedure technical inventory count and creation of technical data sheets or sheets of technical characteristics on not used and inefficiently used property.

4. Make changes and additions to the following resolutions of Council of Ministers of the Republic of Belarus:

4.1. ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 11.01.2013 No. 26

4.2. in the resolution of Council of Ministers of the Republic of Belarus of March 26, 2008 No. 462 "About some measures for implementation of the Presidential decree of the Republic of Belarus of December 27, 2007 No. 667" (The national register of legal acts of the Republic of Belarus, 2008, No. 83, 5/27442; 2009, No. 14, 5/29081; No. 109, 5/29680; No. 173, 5/30177; No. 197, 5/30299; 2010, No. 264, 5/32782; 2012, No. 6, 5/35042):

4.2.1. in Regulations on the procedure for the organization and holding auctions for sale of the parcels of land in private property approved by this resolution:

Item 2 after the word of "auction" to add with the words "emergence of the property right of the Republic of Belarus, restrictions (encumbrances) of the rights to them";

in Item 24 part three "cancelled" to replace the word with the word "not productive";

to state the name of Chapter 7 in the following edition:

"CHAPTER 7 RECOGNITION OF THE AUCTION CANCELLED OR NOT PRODUCTIVE. CANCELLATION OF RESULTS OF THE AUCTION. HOLDING THE REPEATED AUCTION";

state Item 35 in the following edition:

"35. The auction concerning each parcel of land is recognized cancelled about what the commission or the organization constitute the protocol on recognition of auction cancelled if the application is submitted for participation in it only by one participant, or for participation in auction any application was not submitted, or on auction one of participants was, or any of participants was not on auction. If the auction is acknowledged cancelled because the application is submitted for participation in it only by one citizen or the legal entity, the parcel of land is provided to this person in case of its consent with introduction of payment for the parcel of land in the amount of the starting price of subject of auction increased by 5 percent with issue to it in day of recognition of auction cancelled copies of the protocol on recognition of auction cancelled. Within 10 working days after recognition of auction cancelled the citizen or the legal entity shall bring payment for the parcel of land (part of payment - in case of provision of payment by installments of its introduction by the relevant local executive committees according to the procedure, established in Item part one 33 this provision), to compensate costs for the organization and holding the auction, including the expenses connected with production and provision of documentation necessary for its carrying out and to satisfy the conditions provided in the decision on withdrawal of the parcel of land for holding the auction and provision to the winner of auction or the single participant of cancelled auction who are subject to accomplishment to the request for state registration concerning the parcel of land. After committing by person of the specified actions, but no later than 2 working days, the local executive committee transfers it the statement from the called decision, and also one copy of the protocol on recognition of auction cancelled in which are specified person which expressed consent to acquisition of this parcel of land, and other data provided in part two of Item 28 of this provision. The second copy of the protocol on recognition of auction cancelled joins materials of land management case on withdrawal of the parcel of land for holding the auction and provision to the winner of auction or the single participant of cancelled auction. State registration of the right of private property to the parcel of land in this case is performed by the territorial organization for state registration of real estate, the rights to it and transactions with it for the location of the parcel of land based on the decision on withdrawal of the parcel of land for holding the auction and provision to the winner of auction or the single participant of cancelled auction and the protocol on recognition of auction by cancelled.

To the participant of auction specified in part one of this Item, who expressed consent to acquisition of the parcel of land in private property, the amount of the made deposit is set off in case of payment of the cost of the parcel of land by it. In case of refusal or evasion of such participant from introduction of payment for the parcel of land (parts of payment - in case of provision of payment by installments of its introduction by the relevant local executive committees), cost recoveries on the organization and holding the auction, including the expenses connected with production and provision of documentation necessary for its carrying out, accomplishment of the conditions provided in the decision on withdrawal of the parcel of land for holding the auction and provision to the winner of auction or the single participant of cancelled auction who are subject to accomplishment to the request for state registration concerning the parcel of land the deposit made by it is not subject to return.

The auction concerning each parcel of land is recognized not productive about what the commission or the organization constitute the protocol on recognition of auction not productive if:

any of participants of auction after the triple announcement did not raise the first announced price auction number;

according to Item part three 24 this provision any of participants of auction did not offer the price.";

in Item 37:

"cancelled" to add part one after the word with words ", not productive or cancellations of results of auction";

in part two to replace figure "7" with figures "10";

4.2.2. in Regulations on the procedure for the organization and holding auctions on the right of the conclusion of lease agreements of the parcels of land approved by this resolution:

Item 3 after the word of "auction" to add with the words "emergence of the property right of the Republic of Belarus, restrictions (encumbrances) of the rights to them";

in Item 21 part three "cancelled" to replace the word with the word "not productive";

to state the name of Chapter 8 in the following edition:

"CHAPTER 8 RECOGNITION OF THE AUCTION CANCELLED OR NOT PRODUCTIVE. CANCELLATION OF RESULTS OF THE AUCTION. HOLDING THE REPEATED AUCTION";

state Item 33 in the following edition:

"33. The auction concerning each subject of auction is recognized cancelled about what the commission or the organization constitute the protocol on recognition of auction cancelled if the application is submitted for participation in it only by one participant, or for participation in auction any application was not submitted, or on auction one of participants was, or any of participants was not on auction. If the auction is acknowledged cancelled because the application is submitted for participation in it only by one citizen, the individual entrepreneur or the legal entity, the parcel of land is provided to this person in case of its consent with introduction of payment for auction subject in the amount of the starting price of subject of auction increased by 5 percent with issue to it in day of recognition of auction cancelled copies of the protocol on recognition of auction cancelled. Within 10 working days after recognition of auction cancelled the citizen, the individual entrepreneur or the legal entity shall bring payment for auction subject (part of payment - in case of provision of payment by installments of its introduction by the relevant local executive committees according to the procedure, established in part one of Item 27 of this provision), to compensate costs for the organization and holding the auction, including the expenses connected with production and provision of documentation necessary for its carrying out and to satisfy the conditions provided in the decision on withdrawal of the parcel of land for holding the auction and provision to the winner of auction or the single participant of cancelled auction who are subject to accomplishment to the request for state registration concerning the parcel of land. After committing by person of the called actions, but no later than 2 working days, the local executive committee based on the decision on withdrawal of the parcel of land for holding the auction and provision to the winner of auction or the single participant of cancelled auction and the protocol on recognition of auction cancelled in which are specified person which expressed consent to introduction of payment for auction subject, and other data provided in part two of Item 25 of this provision signs with it the lease agreement of the parcel of land, transfers it the statement from the called decision, and also one copy of the protocol on recognition of auction cancelled. The second copy of the protocol on recognition of auction cancelled joins materials of land management case on withdrawal of the parcel of land for holding the auction and provision to the winner of auction or the single participant of cancelled auction.

To the participant of auction specified in part one of this Item, who expressed consent to provision to it the parcel of land in lease, the amount of the made deposit is set off in case of payment of the cost of auction subject by it. In case of refusal or evasion of such participant from introduction of payment for auction subject (parts of payment - in case of provision of payment by installments of its introduction by the relevant local executive committees), cost recoveries on the organization and holding the auction, including the expenses connected with production and provision of documentation necessary for its carrying out, accomplishment of the conditions provided in the decision on withdrawal of the parcel of land for holding the auction and provision to the winner of auction or the single participant of cancelled auction who are subject to accomplishment to the request for state registration concerning the parcel of land of agreement signature of lease of the parcel of land the deposit made by it to return are not subject.

The auction concerning each subject of auction is recognized not productive about what the organizer or the commission constitute the protocol on recognition of auction not productive if:

any of participants of auction after the triple announcement did not raise the first announced price auction number;

according to part three of Item of 21 this provision any of participants of auction did not offer the price.";

in Item 35:

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