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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of January 8, 2014 No. 6

About approval of the Regulations on procedure for return of money in case of the termination of participation in shared-equity construction, the termination of organizational membership of builders, agreement cancelation of purchase and sale of the premises built according to the state order

(The last edition from 12-03-2019)

According to presidential decrees of the Republic of Belarus of May 8, 2013 "About some measures for enhancement of construction (construction, reconstruction) premises" and of December 10, 2018 No. 473 "About shared-equity construction" the Council of Ministers of the Republic of Belarus DECIDES: No. 215

1. Approve the enclosed Regulations on procedure for return of money in case of the termination of participation in shared-equity construction, the termination of organizational membership of builders, agreement cancelation of purchase and sale of the premises built according to the state order.

3. Recognize invalid:

subitem 2.17 of Item 2 of the resolution of Council of Ministers of the Republic of Belarus of August 2, 2008 No. 1103 "About measures for implementation of the Presidential decree of the Republic of Belarus of January 28, 2008 No. 43" (The national register of legal acts of the Republic of Belarus, 2008, No. 188, 5/28107);

subitem 3.4 of Item 3 of the resolution of Council of Ministers of the Republic of Belarus of April 11, 2011 No. 469 "About measures for implementation of the Presidential decree of the Republic of Belarus of October 14, 2010 No. 538" (The national register of legal acts of the Republic of Belarus, 2011, No. 43, 5/33641);

the resolution of Council of Ministers of the Republic of Belarus of November 8, 2011 No. 1496 "About entering of amendment into the resolution of Council of Ministers of the Republic of Belarus of September 14, 2006 No. 1207" (The national register of legal acts of the Republic of Belarus, 2011, No. 128, 5/34749).

4. Explain to the Ministry of Architecture questions of application of the Regulations on procedure for return of money approved by this resolution in case of the termination of participation in shared-equity construction, the termination of organizational membership of builders, agreement cancelation of purchase and sale of the premises built according to the state order.

5. 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 January 8, 2014 No. 6

Regulations on procedure for return of money in case of the termination of participation in shared-equity construction, the termination of organizational membership of builders, agreement cancelation of purchase and sale of the premises built according to the state order

Chapter 1. General provisions

1. No. 215 and subitem 1.18 of Item 1 of the Presidential decree of the Republic of Belarus of December 10, 2018 No. 473, is determined by this Provision developed according to the paragraph the fourth Item 2 of Article 199 and Item 3 of article 202 of the Housing code of the Republic of Belarus, part two of subitem 1.13 of Item 1 of the Presidential decree of the Republic of Belarus of May 8, 2013 procedure:

return to the shareholder of money in case of agreement cancelation of creation of object of shared-equity construction or refusal of one of the parties of execution of such agreement;

return to organization member of builders of money or payenakopleniye in case of the termination of organizational membership of builders;

return to the citizen of money in case of agreement cancelation of purchase and sale of the premises built according to the state order.

2. For the purposes of this provision terms and their determinations in the values established by the Housing code of the Republic of Belarus, presidential decrees of the Republic of Belarus of May 8, 2013 No. 215 and of December 10, 2018 No. 473 are used.

3. Action of this provision extends to shareholders, members of the organizations of the builders, citizens who signed purchase and sale agreements of the premises built according to the state order and also the citizens who signed contracts with the organizations performing reconstruction of inefficiently used buildings under premises.

4. The basis for return of money is:

statement of the shareholder for agreement cancelation of creation of object of shared-equity construction (refusal of agreement performance unilaterally);

the statement of organization member of builders for secession from the organization of builders containing the name of the organization of builders, date, source and the amount of deposited money;

the decision of the builder on agreement cancelation of creation of object of shared-equity construction and (or) unilateral refusal from agreement performance (the decision of general meeting (meeting of representatives) of organization members of builders on exception of organization member of builders);

the petition from the citizen about agreement cancelation of purchase and sale of premises - in case of agreement cancelation of purchase and sale of the premises built according to the state order.

5. For return of money the shareholder (organization member of builders), the citizen (further - the investor) represent to the builder (to the organization of builders, the customer on accomplishment of the program of the state order (further - the customer) the following documents based on which the sheet of return of fees (payments) according to appendix is constituted:

5.1. copies of the payment documents confirming the payments made for the account:

own money;

means of the organizations;

other sources, with indication of conditions of provision of these means;

5.2. copies of the signed agreements between the disposed investor and the organizations on conditions of provision of loans;

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