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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of May 15, 2013 No. 376

About order of interaction of state bodies and organizations in case of decision making about consent on alienation or about refusal in alienation of premises

According to part two of Item 2 of article 75 of the Housing code of the Republic of Belarus the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the enclosed Instruction about order of interaction of state bodies and organizations in case of decision making about consent on alienation or about refusal in alienation of premises in which minor members, the former members of families of owners of premises live, acknowledged being in socially dangerous provision or recognized as persons in need in the state protection, or the citizens recognized incapacitated or limited in capacity to act to court or the premises assigned to orphan children or children without parental support.

2. Bring in the Regulations on guardianship and custody bodies in the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 28, 1999 No. 1676 (The national register of legal acts of the Republic of Belarus, 1999, No. 85, 5/1944; 2005, No. 52, 5/15772; The National legal Internet portal of the Republic of Belarus, 28.07.2012, 5/36004), the following changes and amendments:

in Item 7:

state subitem 7.17 in the following edition:

"7.17. make the decision on prohibition on alienation without the consent of guardianship and custody body of premises in which minor members, the former members of families of owners of premises live, acknowledged being in socially dangerous provision, or the citizens recognized incapacitated or limited in capacity to act to court the premises assigned to detmisirota or children without parental support and also make the decision on removal of prohibition on alienation of such premises;";

add Item with subitems 7.17-1 and 7.17-2 of the following content:

"7.17-1. make the decision on consent on alienation or on refusal in alienation of premises in which minor members, the former members of families of owners of premises live, acknowledged being in socially dangerous provision or recognized as persons in need in the state protection, or the citizens recognized incapacitated or limited in capacity to act to court or the premises assigned to orphan children or children without parental support;

7.17-2. make the decision on the providing with premises orphan children and children without parental support, according to the procedure, established by the legislation;";

to add subitem 8.3 of Item 8 with words ", decision makings about implementation of state registration of prohibition on alienation without the consent of guardianship and custody body of premises in which separate categories of minors, or decision makings about consent to alienation or on refusal live in alienation of such premises";

to add subitem 9.5 of Item 9 with words ", and also the documents necessary for decision making on implementation of state registration of prohibition on alienation without the consent of guardianship and custody body of premises in which the incapacitated or limited in capacity to act to court citizens, or decision makings about consent to alienation or on refusal live in alienation of such premises".

3. This resolution becomes effective after its 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 May 15, 2013 No. 376

The instruction about order of interaction of state bodies and organizations in case of decision making about consent on alienation or about refusal in alienation of premises in which minor members, the former members of families of owners of premises live, acknowledged being in socially dangerous provision or recognized as persons in need in the state protection, or the citizens recognized incapacitated or limited in capacity to act to court or the premises assigned to orphan children or children without parental support

1. This Instruction determines order of interaction of state bodies and organizations in case of decision making about consent on alienation or about refusal in alienation of premises in which minor members, the former members of families of owners of premises live, acknowledged being in socially dangerous provision or recognized as persons in need in the state protection, or the citizens recognized incapacitated or limited in capacity to act to court or the premises assigned to orphan children or children without parental support (further - decisions on consent on alienation or about refusal in alienation of premises).

2. Interaction of state bodies and organizations is performed by exchange of information, necessary for adoption by guardianship and custody body of decisions on consent on alienation or about refusal in alienation of premises.

3. Drafts of decisions of guardianship and custody body on consent on alienation or about refusal in alienation of premises are prepared:

managements (departments) of formation of district, city executive committee, local administration of the area in the city (further - managements (departments) of education) - concerning premises in which minor members, the former members of families of owners of premises live, acknowledged being in socially dangerous provision or recognized as persons in need in the state protection, or the premises assigned to orphan children or children without parental support;

managements of health care of regional executive committees, Healthcare Committee of the Minsk Gorispolkom - concerning premises in which the citizens recognized incapacitated or limited in capacity to act to court live.

4. By preparation of drafts of decisions on consent on alienation or about refusal in alienation of premises in which the citizens specified in the paragraph the second Item 3 of this Instruction, management (departments) of education live:

4.1. request from the relevant state bodies, the organizations, interested persons have following documents and (or) data:

from the organization performing operation of housing stock and (or) providing housing and communal services or from settlement, rural executive committee - the information about persons living in alienable and (or) acquired premises (the certificate of the residence and family composition, the copy of personal account and other documents (data);

from local executive and administrative organ in the location of acquired premises - information confirming compliance of these premises to standard consumer qualities (the act of inspection, the data, the copy of documents and another);

from local executive and administrative organ or organization of education, other organization which according to the legislation is granted the right to perform educational activities, - the documents which formed the basis for implementation of state registration of prohibition on alienation of premises (the copy of decisions on recognition of the child being in socially dangerous provision, recognition of the child needing the state protection, fixing of premises and another);

consent to alienation of premises of the legal representative of the minor who is in child care residential care facility, brought up in tutorial family, foster home, orphanage of family type.

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