RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of May 12, 2016 No. 370

About some measures for implementation of the Decree of the President of the Republic of Belarus of November 12, 2015 No. 8

According to Item 2 of the Decree of the President of the Republic of Belarus of November 12, 2015 "About modification and amendments in the Decree of the President of the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: No. 8

1. Approve Regulations on sale of not preserved object which is not completed by construction from the public biddings it (is applied).

2. This resolution becomes effective since May 15, 2016.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of May 12, 2016 No. 370

Regulations on sale of not preserved object which is not completed by construction from the public biddings

Chapter 1. General provisions

1. This Provision establishes procedure for the organization and carrying out the public biddings selling not preserved object which is not completed by construction along with sale in private property of the parcel of land or sale of the right of lease of such site necessary for completion of construction and servicing of this object, in case of the termination of the investment agreement signed between the investor (investors) and the Republic of Belarus (further – the investment agreement), in connection with non-execution or improper execution by the investor (investors) and (or) the organization realizing the investment project * (further – the organization), the obligations under this agreement and withdrawals at the investor and (or) the organizations according to the procedure, established by the legislation, the parcel of land provided for the asset construction provided by the investment agreement on which not preserved object which is not completed by construction is located in case of absence at the investor (investors) with whom the investment agreement, and (or) the organizations of financial opportunities to complete asset construction (further – the public biddings) is stopped.

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* For the purposes of this provision the organization realizing the investment project is understood as the organization created by the investor (investors) or the organization concerning which the investor (investors) has opportunity to determine the decisions made by it by the bases established by the legislation.

2. The public auction is held in the form of auction.

3. Not preserved object which is not completed by construction and the parcel of land or the right of lease of the parcel of land necessary for completion of construction and servicing of this object constitute single subject of auction (further if other is not provided, – auction subject).

4. Starting price of subject of auction is determined as the amount of starting price of not preserved object which is not completed by construction and starting price of the parcel of land or starting price of the right of lease of the parcel of land necessary for completion of construction and servicing of this object.

Starting price of not preserved object which is not completed by construction is determined by its estimated value for January 1 of year in which the decision on its sale without lowering of starting price of sale is made (except costs of the current year for which date of assessment is the 1st, following after month of statement on financial accounting). Cost determination of not preserved object which is not completed by construction is carried out for the purpose of sale at the biddings according to technical and other regulatory legal acts about value assessment of objects of the civil laws by the organizations which according to legal acts have the right to implementation of independent assessment.

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