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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 13, 2012 No. 1145

About approval of the Regulations on payment procedure of time payments to physical person for damnification of life or to health which are not connected with labor accident or occupational disease in case of liquidation of the debtor - the legal entity or the termination of activities of the individual entrepreneur owing to recognition by their economically insolvent (bankrupts)

(as amended of the Resolution of Council of Ministers of the Republic of Belarus of 30.06.2014 No. 630)

According to part nine of article 142 of the Law of the Republic of Belarus of July 13, 2012 "About economic insolvency (bankruptcy)" the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the enclosed Regulations on payment procedure of time payments to physical person for damnification of life or to health, not connected with labor accident or occupational disease, in case of liquidation of the debtor - the legal entity or the termination of activities of the individual entrepreneur owing to recognition by their economically insolvent (bankrupts).

2. Determine that irrespective of capitalization and transfer in the republican budget of time payments for the account of means of this budget the payments appointed in indemnification and their indexation to physical persons are made, to life or health of which harm is done, in case of simultaneous availability of the following conditions:

these physical persons have the right to indemnification confirmed in the procedure established by the legislation;

harm remained uncompensated in connection with liquidation or the termination of activities recognized responsible for damnification of legal entities and individual entrepreneurs;

3. To the Ministry of Finance when forming the republican budget for the next financial year to provide in accordance with the established procedure means for payments in compensation caused to life or health of physical persons of the harm which is not connected with labor accident or occupational disease in case of liquidation of the debtor - the legal entity or the termination of activities of the individual entrepreneur owing to recognition by their economically insolvent (bankrupts).

4. Recognize invalid:

the resolution of Council of Ministers of the Republic of Belarus of March 15, 2007 No. 331 "About modification and amendments in the resolution of Council of Ministers of the Republic of Belarus of June 1, 2005 No. 577" (The national register of legal acts of the Republic of Belarus, 2007, No. 70, 5/24892);

subitem 1.28 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of December 16, 2008 No. 1943 "About some measures for implementation of the Presidential decree of the Republic of Belarus of August 26, 2008 No. 445" (The national register of legal acts of the Republic of Belarus, 2009, No. 1, 5/28978).

5. To provide to the Ministry of Labour and Social Protection and the Ministry of Economics reduction of acts of the legislation in compliance with this resolution.

6. This resolution becomes effective since January 25, 2013.

Prime Minister of the Republic of Belarus

M. Myasnikovich

Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 13, 2012 No. 1145

Regulations on payment procedure of time payments to physical person for damnification of life or to health, not connected with labor accident or occupational disease, in case of liquidation of the debtor - the legal entity or the termination of activities of the individual entrepreneur owing to recognition by their economically insolvent (bankrupts)

1. This Provision determines payment procedure of time payments to physical person for damnification of life or to health, not connected with labor accident or occupational disease (further - harm), in case of liquidation of the debtor - the legal entity or the termination of activities of the individual entrepreneur responsible for damnification, owing to recognition by their economically insolvent (bankrupts) (further if other is not established, - the debtor).

2. In case of refusal of the physical person having the right to indemnification in case of liquidation of the debtor (further - physical person), from receipt of the capitalized time payments, expressed in the statement in form according to appendix 1, obligation on satisfaction of requirements of physical person passes from the debtor to the Republic of Belarus in the amount of such payments according to part nine of article 142 of the Law of the Republic of Belarus of July 13, 2012 "About economic insolvency (bankruptcy)" (The national legal Internet portal of the Republic of Belarus, 24.07. 2012, 2/1967).

3. After acceptance by the court considering economic cases, decisions on opening of liquidating production concerning the legal entity or the individual entrepreneur responsible for damnification, the anti-recessionary managing director in two weeks makes calculation of amount of the capitalized means for ensuring payment of time payments (further – the amount of the capitalized means) according to this Provision, transfers the amount of the capitalized time payments into the republican budget and represents to management (department) of work, employment and social protection of city, district executive committee (further – body for work, employment and social protection) at the place of residence of physical person of the data on the amount of the time payments which are subject to payment and also the documents specified in subitem 8.2 of Item 8 of this provision.

Payment of time payments is made by body for work, employment and social protection for the residence of physical person.

4. The amount of the capitalized means of V (c) is determined in terms of money and calculated by formula

Формула 1 к Пост. СМ от 13.12.2012 №1145

where D – the size of requirements of physical person to the debtor on indemnification (further – the size of requirements of physical person);

SE – the amounts of compensation of additional expenses awarded by court for future time according to Item 2 of Article 961 of the Civil code of the Republic of Belarus on which payment due date comes in the opening day the court considering economic cases, liquidating production or later (further – the amounts of compensation of additional expenses);

R – the rate for services in pension payment and other social payments (as a percentage) established for the post offices of the Ministry of Communications and Informatization located in the settlement in which the physical person lives (further – rate for services).

5. The size of requirements of physical person (D) is determined by formula

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