PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of May 30, 2013 No. 246

About modification and amendments in some presidential decrees of the Republic of Belarus

List of amending documents

1. Make changes and additions to the following presidential decrees of the Republic of Belarus:

1.1. in the list of the ministerial procedures performed by state bodies and other organizations for petitions from citizens, No. 200 approved by the Presidential decree of the Republic of Belarus of April 26, 2010 "About the ministerial procedures performed by state bodies and other organizations for petitions from citizens" (The national register of legal acts of the Republic of Belarus, 2010, No. 119, 1/11590; 2011, No. 48, 1/12502; No. 74, 1/12651):

in Item 1.1:

in column 1 of subitem 1.1.2 of the word of "year from the date of repayment" shall be replaced with words "five years from the date of early repayment";

in subitem 1.1.24:

in column 1 of the word", on debt repayment on the soft credit obtained on construction (reconstruction) or acquisition of premises" to exclude;

in column 2 of the word" (consisted for date of opening of credit line)" to exclude;

in column 6 of the word "in case of provision of one-time subsidy for debt repayment on the soft credit obtained on construction (reconstruction) or acquisition of premises-during effective period of the credit agreement" to exclude;

add Item with subitem 1.1.28 of the following content:

"1.1.28. about permission of provision of premises (its parts) according to the employment contract of the premises of private housing stock or the lease agreement of the premises built (reconstructed) or acquired with attraction of soft credit

local executive and administrative organ

statement passports or other identity documents of all family members jointly living with the owner written consent of the full age family members who jointly are living with the owner and having right of possession and uses of premises, and also the absent citizens for whom the right of possession and uses of premises certified notarially remains the technical data sheet and the document confirming the property right to premises (its part) the documents confirming the bases for provision of premises (its parts) according to the employment contract of premises of private housing stock or the lease agreement of premises (moving to other area, annulment of marriage, the death of the homeowner or member of his family, financial position and others)

free of charge

15 days from the date of filing of application, and in case of request of documents and (or) data from other state bodies, other organizations – 1 month

for validity of hiring of premises of private housing stock or the lease agreement of premises";

1.2. in the Presidential decree of the Republic of Belarus of January 6, 2012 No. 13 "About some questions of provision to citizens of the state support for construction (reconstruction) or acquisition of premises" (The national register of legal acts of the Republic of Belarus, 2012, No. 6, 1/13224; No. 47, 1/13455):

1.2.1. in Item 1:

1.2.1.1. in subitem 1.1 part one:

in paragraph four of the word "in use" and "answering" to replace respectively with the words "in ownership and use" and "corresponding";

word in paragraph five" (the dead, acknowledged it is unknown absent)" shall be replaced with words "(declared the dead, recognized as court it is unknown absent)";

in the paragraph the twelfth the words "with the Ministry of Education" shall be replaced with words "according to the Ministry of Education or";

the fifteenth to add the paragraph with the words "and in satellite towns *" and the interlinear note of the following content to it: "______________________________

* For the purposes of this Decree satellite towns for Minsk are Dzerzhinsk, Zaslavl, Logoysk, Rudensk, Smolevichi, Fanipol, for Brest - Zhabinka, for Grodno - Skidel.";

1.2.1.2. in subitem 1.2:

in paragraph seven of the word "in use" and "answering" to replace respectively with the words "in ownership and use" and "corresponding";

word in paragraph eight" (the dead, acknowledged it is unknown absent)" shall be replaced with words "(declared the dead, recognized as court it is unknown absent)";

add the subitem with the paragraph the tenth the following content:

"the full age young citizens who are winners of special fund of the President of the Republic of Belarus in social support of gifted pupils and students and (or) special fund of the President of the Republic of Belarus for support of talented youth - under approval according to the Ministry of Education or the Ministry of Culture and according to the documents confirming such rank;";

1.2.1.3. in subitem 1.3:

to exclude from part one of the word "and the seventeenth";

the fifth or eighth to exclude parts;

the ninth to consider part part five;

from part five of the word "and on debt repayment on the soft credits obtained on construction (reconstruction) or acquisition of premises" to exclude;

1.2.1.4. add Item with subitem 1.3-1 of the following content:

"1.3-1. soft credits and one-time subsidies are provided on construction (reconstruction) of premises in economic apartment houses of standard consumer qualities which list of projects (series) affirms the Ministry of Architecture, or acquisition of premises.

Provision of soft credits and one-time subsidies is performed with respect for the principle of odnorazovost of receipt of the state support taking into account the provisions provided in parts of the third or sixth of this subitem.

Soft credits on construction (reconstruction) or acquisition of premises are not provided to citizens (the borrowers and members of their families improving together with them housing conditions) who are (being):

borrowers of soft credits on construction (reconstruction) or acquisition of premises based on the credit agreements signed after January 1, 2004 or prisoners before the specified date on whom credit obligations for this date were not stopped;

receivers of one-time subsidies for construction (reconstruction) or acquisition of premises based on the decisions of local executive and administrative organs, the organizations accepted after June 1, 2013;

members of families of borrowers of soft credits on construction (reconstruction) or acquisition of premises and (or) receivers of one-time subsidies for construction (reconstruction) or acquisition of premises taking into account which soft credits based on lists on receipt of the soft credits approved after June 1, 2013 and (or) one-time subsidies based on the decisions on provision of one-time subsidies made after June 1, 2013 are granted (except for minor children and children aged up to 23 years from among specified in paragraph eight of Item 5 of this Decree).

One-time subsidies for construction (reconstruction) or acquisition of premises are not provided to citizens (the borrowers and members of their families improving together with them housing conditions) who are (being) receivers of one-time subsidy and also the citizens specified in paragraphs the second and fourth to part three of this subitem.

To the large families specified in part six of this subitem, and the citizens having the right to joint use of soft credit and one-time subsidy for construction (reconstruction) or acquisition of premises according to part two of subitem 1.3 of this Item, for the first time exercising the right to soft credit after receipt of one-time subsidy or the right to one-time subsidy after receipt of soft credit are granted the right according to soft credit or one-time subsidy irrespective of the restrictions provided in parts three and the fourth this subitem.

Large families which exercised the right to soft credit and (or) one-time subsidy for construction (reconstruction) or acquisition of premises including in extraordinary procedure, and also the families which acquired the status of housing conditions, having many children after improvement, with attraction of soft credit and (or) one-time subsidy have the right to repeated receipt of soft credit or one-time subsidy for construction (reconstruction) or acquisition of premises, including in extraordinary procedure if the bases for registration of the housing conditions needing improvement at them arose in connection with the birth, adoption, adoption of children;";

1.2.1.5. in subitem 1.4:

the second to state part in the following edition:

"The maximum size of soft credit on construction (reconstruction) of premises is determined by the normalized sizes of total area of premises determined according to subitem 1.6 of this Item taking into account the standard rates of total area of the under construction (reconstructed) premises established in subitem 1.5 of this Item, and at the cost of 1 sq.m of total area of the under construction (reconstructed) premises, but not exceeding single limiting norm of the cost of 1 sq.m of total area of premises determined by Council of Ministers of the Republic of Belarus and shall not exceed 90 percent (for large families - 100 percent) construction costs (reconstruction) of the normalized sizes of the total area of premises taken into consideration for determination of the size of soft credit.";

third parts four after the words "20 thousand people" to add the paragraph with the words "and in satellite towns";

in part six:

after the words "to 20 thousand people" and "settlements" to add part respectively with the words "or in satellite towns" and ", not belonging to satellite towns, or";

"fourth" to replace the word with the word "fifth";

in part eight:

after the words "20 thousand people" to add part with the words "and in satellite towns";

shall be replaced with words words of "construction cost of the normalized sizes of total area of premises of standard consumer qualities" "the construction cost (reconstruction) of the normalized sizes of total area of premises taken into consideration for determination of the size of soft credit";

1.2.1.6. in subitem 1.6:

in part five:

after paragraph two to add part with the paragraph of the following content:

"to the relevant health and technical requirements which are not established for the accommodation recognized in accordance with the established procedure if the specified premises, unsuitable for accommodation, are subject to demolition in connection with construction on the parcel of land in the place of its arrangement of the one-apartment or blocked apartment house with provision of soft credit;";

third to consider the paragraph the paragraph the fourth;

in part eight the word "uses" shall be replaced with words "ownerships and uses";

1.2.1.7. in part one of subitem 1.8 of the word "according to the procedure, established by Council of Ministers of the Republic of Belarus" shall be replaced with words "according to the legislation on estimative activities";

1.2.1.8. in subitem 1.9:

to add part one after the words "join in lists" with the words "on acquisition of premises, construction (reconstruction) of the one-apartment, blocked apartment houses, and also on construction (reconstruction) of apartments in the apartment apartment houses included in the list of apartment houses, construction and which financing are performed with use of the state support, approved by the Ministry of Architecture";

the fifth and sixth to exclude parts;

1.2.1.9. in subitem 1.11:

after the words "on construction" to add the subitem with the word "(reconstruction)";

add the subitem with part two of the following content:

"In the presence of reasonable excuses (financial position of the borrower, disease, absence in the Republic of Belarus or other reasonable excuse) the maximum term specified in part one of this subitem during which issue of soft credit is made can be extended by open joint stock company "Belarusbank savings bank no more than for two years in coordination with local executive and administrative organs, made the decision on inclusion of the citizen in lists on receipt of soft credit, and in case of inclusion of the citizen in lists on receipt of soft credit by the state bodies (the organizations entering their system or subordinated by it, which are delegated powers according to lists) (except district, city executive and administrative organs, local administrations) having the right according to part one of subitem 1.9 of this Item to approval of lists - local executive and administrative organs in the location of the specified state bodies (organizations) based on the application of the borrower submitted not later than month before the expiration of issue of soft credit (in case of the expiration of issue of soft credit till July 2, 2013 - based on the application of the borrower submitted no later than three months after the specified date). The right to prolongation of this subitem of the maximum term specified in part one during which issue of soft credit is made can be realized by the borrower only once;";

1.2.1.10. in subitem 1.12:

in part one:

third after words "one-apartment" and "20 thousand people" to add the paragraph respectively with words ", blocked" and "and in satellite towns";

the fourth to state the paragraph in the following edition:

"in case of construction (reconstruction) of apartments in apartment apartment houses, and also in case of construction (reconstruction) of the one-apartment, blocked apartment houses by contract method - since the next month after input of the house (start-up complex) in operation, and in case of commissioning of the building (construction of apartments) and failure to carry out of any of work types from the structure of works determined by Council of Ministers of the Republic of Belarus without which accomplishment apartment houses can be accepted in operation, - in six months after input of the house in operation.";

from parts five and the eleventh to exclude the words "on exterior finish, improvement and gardening";

1.2.1.11. in subitem 1.13:

add part one with the words "taking into account amount of completed work";

in word part two of "construction cost of the normalized sizes of total area of premises of standard consumer qualities" shall be replaced with words "the construction cost (reconstruction) of the normalized sizes of total area of premises taken into consideration for determination of the size of soft credit";

add the subitem with part three and the interlinear note of the following content to it:

"With the citizens performing construction (reconstruction) of the one-apartment, and also blocked apartment houses and included in lists on receipt of soft credits, the conclusion of credit agreements is made on condition of introduction of own means by them * on construction (reconstruction) of these apartment houses in the amount of at least 15 percent from the amount determined as difference between construction cost (reconstruction) of premises and the maximum size of the relying soft credit. Calculation of the size of own funds deposited on construction (reconstruction) is made proceeding from the cost of the performed works and (or) the purchased materials and products; ______________________________

* For the purposes of this Decree introduction by citizens of own means is understood as transfer of money by them into the account of the contractor for financing of construction (reconstruction) of the one-apartment, blocked apartment house by contract method or accomplishment of works on construction (reconstruction) of the one-apartment, blocked apartment house as economic method and (or) purchase of materials and products by them.";

1.2.1.12. in subitem 1.14 of the word "in full of the works providing complete readiness of premises for operation, the costs connected with production of these works treat without accomplishment in" shall be replaced with words "and failure to carry out of works from the structure of works determined by Council of Ministers of the Republic of Belarus without which accomplishment apartment houses can be accepted in operation the cost of accomplishment of these works is paid for";

1.2.1.13. in subitem 1.18:

word part one in paragraph three of "year from the date of repayment" shall be replaced with words "five years from the date of early repayment";

in part two:

shall be replaced with words words of "year from the date of repayment" "five years from the date of early repayment";

words", recognized in accordance with the established procedure needing improvement of housing conditions," to exclude;

1.2.1.14. add Item with subitems 1.20-1.22 of the following content:

"1.20. provision of premises (their parts) according to the employment contract of premises of private housing stock or according to the lease agreement of premises, constructed (reconstructed) or acquired with attraction of soft credit, before its complete repayment is not allowed, and in exceptional cases (moving to other area, annulment of marriage, the death of the homeowner or member of his family, financial position and others) is performed with the permission of the relevant district, city executive and administrative organ, local administration without the consent of pawnbrokers;

1.21. provision by citizens of premises (their parts) according to the employment contract of premises of private housing stock or according to the lease agreement of premises, constructed (reconstructed) or acquired with attraction of soft credit, before its complete repayment without the permission of the relevant district, city executive and administrative organ, local administration attracts imposing of penalty in the amount of four up to thirty basic sizes.

The same act made repeatedly within one year after imposing of administrative punishment for the same violation attracts imposing of penalty in the amount of thirty up to fifty basic sizes;

1.22. grant the right to constitute protocols on the administrative offense provided in subitem 1.21 of this Item, to authorized officers of rural, settlement, district, city executive committees, administrations of areas in the cities, law-enforcement bodies, and the right to consider cases on such offense - to rural, settlement executive committees (in case of creation of protocols by authorized officers of these bodies), the administrative commission of district (city) executive committee, administration of the area in the city (in case of creation of protocols by authorized officers of district, city executive committees, administrations of areas in the city), to law-enforcement bodies (in case of creation of protocols by authorized officers of these bodies).";

1.2.2. in Item 3:

after the paragraph of third to add Item with the paragraph of the following content:

"in case of not introduction by the citizen performing construction (reconstruction) of the one-apartment, blocked apartment house and included in lists on receipt of soft credits, own means in the amount of, provided in part three of subitem 1.13 of Item 1 of this Decree to refuse the conclusion of the credit agreement with this citizen before introduction of the specified means by it;";

to consider paragraphs of the fourth or eighth respectively paragraphs the fifth or ninth;

to add the paragraph of the sixth after words of "amounts" and "works" respectively with the words "and check of cost" and "and the made costs";

in paragraph seven of the word "or costs" shall be replaced with words "and (or) costs";

to state the paragraph of the eighth in the following edition:

"hold in accordance with the established procedure in case of the next payment of the performed installation and construction works (the made costs) the amounts of such overestimate allowed by the contractor (the customer, the builder) and (reconstruction) revealed during construction;";

in paragraph nine:

after the word of "contractor" to add the paragraph with words "(the customer, the builder)";

replace the words "delivery" and "contract organization" respectively with the words "acceptance" and "contractor";

add Item with part two of the following content:

"The amount of overestimate of amounts and (or) costs of the performed installation and construction works and the made costs which is subject to deduction (collection) from the contractor is determined taking into account indexation. The coefficient of indexation is determined taking into account statistical indexes of change in value of the installation and construction works approved in accordance with the established procedure, for the period of month of inclusion in settlement documents of the overestimated amounts and (or) the cost of works (costs) (in the presence of debt on payment of the performed works (costs) - of month of repayment of this debt) about month of creation of the act of control measurement.";

1.2.3. in Item 5:

after paragraph one to add Item with the paragraph of the following content:

"the economic apartment house of standard consumer qualities - the apartment house which technical and economic indicators satisfy to standard consumer qualities conform to the health and technical requirements established for accommodation and provide necessary functionality in case of the minimum costs for its designing and construction;";

to consider paragraphs of the second or seventh respectively paragraphs the third or eighth;

the fourth after the words "20 thousand people" to add the paragraph with the words "and in satellite towns";

in paragraphs six and the eighth the word "uses" shall be replaced with words "ownerships and uses";

1.2.4. add Item 8 with paragraphs the fourth and fifth the following content:

"provide on requests of the district, city executive and administrative organs, local administrations, other state bodies (the organizations entering their system or subordinated by it, which are delegated powers according to lists) having the right according to part one of subitem 1.9 of Item 1 of this Decree to approval of lists on receipt of soft credits, information on the fact of obtaining (non receipt) of soft credit by the citizens who are (being) borrowers based on the credit agreements signed with them after January 1, 2004 or prisoners before the specified date on whom credit obligations for this date were not stopped in five-day time from the date of receipt of request;

provide provision to the territorial organizations for state registration of real estate, the rights to it and transactions with it in a month from the date of acceptance for operation of the apartment houses or apartments finished with construction (reconstruction) in the blocked apartment houses or in five-day time from the date of the conclusion of the credit agreement (in case of provision of soft credit on acquisition of premises) information on the soft credit granted to citizens on construction (reconstruction) or acquisition of premises with indication of number and date of the conclusion of the credit agreement, outstanding amount according to the credit agreement at the time of provision of data and term of repayment of the loan.";

1.2.5. add Item 9 with paragraphs the sixth and seventh the following content:

"acceptance of the premises (share in the right of common property to premises) given by citizens according to part six of subitem 1.6 of Item 1 of this Decree;

implementation of systematic control of observance by citizens of established procedure of provision of premises (their parts) according to the employment contract of premises of private housing stock or according to the lease agreement of premises, constructed (reconstructed) or acquired with attraction of soft credit, before its complete repayment.";

1.2.6. in Item 10:

after paragraph two to add Item with the paragraph of the following content:

"together with the Ministry of Internal Affairs control of realization of the provisions provided in subitem 1.20 of Item 1 of this Decree;";

third to consider the paragraph the paragraph the fourth;

add Item with paragraphs the fifth and sixth the following content:

"maintaining the database of the citizens who are (being) borrowers and members of families of borrowers taking into account whom soft credits, based on lists of citizens on receipt of the soft credits approved after June 1, 2013 are granted;

maintaining the database of citizens, being (being) receivers one-time subsidies, and members of families of receivers of one-time subsidies taking into account which one-time subsidies, based on decisions of local executive and administrative organs, the organizations on provision are provided to citizens of one-time subsidies for construction (reconstruction) or acquisition of the premises accepted after June 1, 2013";

1.2.7. add the Decree with Item 10-1 of the following content:

"10-1. To provide to the Ministry of Architecture till January 1, 2014 development and deployment of the software, and also its support and coordination of works on forming and maintaining databases, the provided in paragraphs five and pole of Item 10 of this Decree.";

1.2.8. in Item 12:

exclude part one;

the second or fifth to consider parts respectively parts of the first or fourth.

2. To regional executive committees, the Minsk Gorispolkom, the Ministry of Defence, the Ministry of Internal Affairs, the Investigative Committee, the Ministry of Emergency Situations, Committee for State Security, the State boundary committee, the Presidential Security Service of the Republic of Belarus, Operational analytical center in case of the President of the Republic of Belarus, the State inspection of protection of animal and flora in case of the President of the Republic of Belarus, to the State Control Committee to provide review of lists of citizens on receipt of soft credits taking into account the provisions provided in paragraphs the fourth or seventh, ninth and tenth subitem 1.2.1.4 of Item 1 of this Decree concerning citizens with whom for June 1, 2013 credit agreements are not signed.

3. Action of subitem 1.2.1.3 of Item 1 of this Decree does not extend to decisions on provision of one-time subsidies for debt repayment on the soft credits obtained on construction (reconstruction) or the acquisition of premises accepted till June 1, 2013.

Action of paragraph two of subitem 1.2.1.4 of Item 1 of this Decree extends to credit agreements about provision of soft credits and decisions on provision of one-time subsidies on:

construction (reconstruction) of the one-apartment, blocked apartment houses, concluded (accepted) after June 1, 2013;

construction of premises under agreements of creation of objects of shared-equity construction in apartment apartment houses on which permission to production of installation and construction works is issued in accordance with the established procedure after June 1, 2013;

construction (reconstruction) of premises as a part of the organizations of the builders created after June 1, 2013.

Action of paragraphs of the third or tenth subitem 1.2.1. 4, paragraphs of the fourth, sixth and ninth subitem 1.2.1. 5, paragraph of third subitem 1.2.1. 10, the paragraph of the fifth subitem 1.2.3 of Item 1 of this Decree extends to again signed credit agreements and decisions on provision of one-time subsidies for construction (reconstruction) or acquisition of premises accepted by local executive and administrative organs, the organizations.

Action of the paragraph of third subitem 1.2.1.5 of Item 1 of this Decree extends to again signed credit agreements and decisions on provision of one-time subsidies for construction (reconstruction) or acquisition of premises accepted by local executive and administrative organs, the organizations, and also credit agreements signed after November 14, 2012 taking into account the cost indexes of construction of 1 sq.m of total area of premises of standard consumer qualities approved by local executive and administrative organs in current prices in the sizes which are not exceeding 4, 6 million rubles.

Action of the paragraph of the fourth subitem 1.2.1.9 of Item 1 of this Decree extends to construction (reconstruction) of the apartment houses which are not put into operation for July 1, 2013.

Action of paragraphs of the second or fourth subitem 1.2.1.14 of Item 1 of this Decree extends to employment contracts of premises of private housing stock and lease agreements of premises and (or) supplementary agreements to them signed after June 1, 2013.

Paragraphs the third or fifth subitem 1.2.1.14 of Item 1 of this Decree are effective before entry into force of the law of the Republic of Belarus providing reduction of the Code of the Republic of Belarus about administrative offenses and the Procedural and executive code of the Republic of Belarus about administrative offenses in compliance with this Decree.

4. In three-months time to provide to Council of Ministers of the Republic of Belarus:

reduction of acts of the legislation in compliance with this Decree and acceptance of other measures for its realization;

entering in accordance with the established procedure into the House of Representatives of National assembly of the Republic of Belarus of the bill of the Republic of Belarus providing reduction of the Code of the Republic of Belarus about administrative offenses and the Procedural and executive code of the Republic of Belarus about administrative offenses in compliance with this Decree.

5. This Decree becomes effective in the following procedure:

5.1. item 4 - after official publication of this Decree;

5.2. other provisions of this Decree - since June 1, 2013.

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