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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of January 26, 2013 No. 60

About approval of the Regulations on the size and payment procedure of the salary by the interim (anti-recessionary) manager performing activities based on the contract

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

According to part two of article 68 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 the size and payment procedure of the salary as the interim (anti-recessionary) manager performing activities based on the contract.

2. To the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus, regional executive committees and the Minsk Gorispolkom in a month to bring the contracts signed with interim (anti-recessionary) managers into compliance with this resolution and to take other measures for its realization.

3. Recognize invalid:

the resolution of Council of Ministers of the Republic of Belarus of September 9, 2004 No. 1107 "About entering of amendment into the resolution of Council of Ministers of the Republic of Belarus of May 12, 2004 No. 553" (The national register of legal acts of the Republic of Belarus, 2004, No. 144, 5/14810);

the resolution of Council of Ministers of the Republic of Belarus of July 1, 2009 No. 870 "About modification and amendments in the resolution of Council of Ministers of the Republic of Belarus of May 12, 2004 No. 553" (The national register of legal acts of the Republic of Belarus, 2009, No. 161, 5/30074).

4. This resolution becomes effective since January 25, 2013, except for Item 2, of this resolution which is becoming effective from the date of official publication.

Prime Minister of the Republic of Belarus

M. Myasnikovich

Approved by the Resolution of Council of Ministers of the Republic of Belarus of January 26, 2013 No. 60

Regulations on the size and payment procedure of the salary the interim (anti-recessionary) manager performing activities based on the contract

1. This Provision establishes the size and payment procedure of the salary by the interim (anti-recessionary) manager performing activities based on the contract in proceeedings on economic insolvency (bankruptcy) (further - managing directors).

The specific size and payment procedure of the salary of the managing director are established according to this Provision in the contract which concludes with it state body from the date of its appointment as the court considering economic cases.

2. In this Provision terms and their determinations in the values established in article 1 of the Law of the Republic of Belarus of July 13, 2012 "About economic insolvency (bankruptcy)" are used (The national legal Internet portal of the Republic of Belarus, 24.07. 2012, 2/1967).

3. The salary for the account of means of the debtor monthly is out of turn paid for implementation of the powers in the procedure of economic insolvency (bankruptcy) managing.

4. In the course of holding procedure of economic insolvency (bankruptcy) the salary to the managing director is determined by the state body which signed the contract with the managing director, by multiplication of the nominal added average monthly salary of the workers of the Republic of Belarus by the adjusting factor determined according to Item 5 of this provision, except as specified, provided by this Provision.

The nominal added average monthly salary of workers of the Republic of Belarus calculated by National Statistical Committee in general on the republic in the month preceding month in which salary accrual to the managing director is made is applied to calculation.

5. The following adjusting factors are applied to determination of the size of the salary managing depending on the procedure of economic insolvency (bankruptcy) in which there is debtor:

from 1 to 4 inclusive during the protective period;

from 2 to 4, inclusive during bankruptcy proceedings, including from 3 to 4,5 inclusive - sanitation, from 2 to 3 inclusive - liquidating production.

Specific adjusting factor depending on the importance and scales of production, number of workers of the debtor, and also the period for which it is established are determined by the state body which signed the contract with the managing director.

By the state body which signed the contract with the managing director in course of production on the case of economic insolvency (bankruptcy) the adjusting factor within the differentiation determined in part one of this Item, depending on results of activities managing in the course of implementation of the powers in the procedure of economic insolvency (bankruptcy) can be reviewed.

6. In case of lack (insufficiency) of money at the debtor for salary payment to the managing director in the amount of the nominal added average monthly salary of workers of the Republic of Belarus calculated according to part two of item 4 of this provision in the day determined in the contract for salary payment, and in case of coincidence of this day to the day off or public holiday and in the holiday - in day on the eve of the specified days this payment is made at the expense of means of the relevant budget by the state body which signed the contract with the managing director, completely or in the amount lacking to the nominal added average monthly salary of workers of the Republic of Belarus calculated according to part two of item 4 of this provision.

Lack (insufficiency) of money at the debtor is confirmed by the report on lack (insufficiency) of money on the current (settlement) bank account (in cash desk) and lack of movement on the account of the debtor during the days specified in part one of this Item, to the represented managing director to state body monthly. The state body has the right to demand from managing submission of data from bank in which the current (settlement) bank account of the debtor is opened.

7. In case of cash receipt on the current (settlement) bank account of the debtor of means, spent for salary payment to the managing director according to part one of Item 6 of this provision, are compensated by the debtor to state body with their subsequent transfer in the income of the relevant budget from which payments, as a part of requirements of the creditors who are subject to satisfaction out of turn were performed.

8. After compensation by the debtor to state body of the means spent from the relevant budget for salary payment to the managing director for the period of lack (insufficiency) of means at the debtor for these purposes, the managing director surcharge to the size of the salary determined according to part one of item 4 of this provision, but no more than in 3 months is made.

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