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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of March 23, 2016 No. 106

About state programs and rendering the state financial support

(as amended on 14-11-2019)

For the purpose of increase in efficiency of implementation of state programs and enhancement of procedure for rendering the state financial support:

1. Determine that:

1.1. goal achievement and accomplishment of tasks of the program of social and economic development of the Republic of Belarus for the medium term is provided by means of accomplishment of state programs *;

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* For the purposes of this Decree the state program is understood as the planning document at the republican or regional level providing achievement of priorities and purposes of state policy in the sphere of social and economic development, containing the purposes, tasks, complex of actions with terms of their implementation, contractors and sources of financing.

1.2. the basis for forming of state programs if other is not established by legal acts, the list of state programs approved by Council of Ministers of the Republic of Belarus in coordination with the President of the Republic of Belarus, developed along with forming of the program of social and economic development of the Republic of Belarus for the medium term is.

During the forming and accomplishment of state programs in the budget process the program and target method is used;

1.3. state programs affirm Council of Ministers of the Republic of Belarus. At the same time if one of sources of financing of actions of such state programs are means of local budgets, their forming is provided with Council of Ministers of the Republic of Belarus in coordination with the relevant local councils of deputies;

1.4. the amounts of financing within which forming and accomplishment of state programs are performed are established according to the medium-term financial program developed within the budget legislation;

1.5. forming, financing, accomplishment and efficiency evaluation of implementation of state programs are performed according to the procedure, determined by the President of the Republic of Belarus;

1.6. rendering the state financial support to subjects of managing * is performed within state programs for implementation of the investment projects providing increase in profitability of the made goods (works, services) and decrease in their cost in type:

compensations for the account of means republican and (or) local budgets on the terms of the competition held according to the procedure, determined by Council of Ministers of the Republic of Belarus, part of expenses on acquisition of processing equipment and spare parts;

provisions of the credits by "Development Bank of the Republic of Belarus" open joint stock company on tender if other is not established by Council of Ministers of the Republic of Belarus, with establishment by the supervisory board of this society in coordination with Council of Ministers of the Republic of Belarus of the preferential size of interest for using these credits.

The procedure for loan granting, including procedure for carrying out tender, the specified in paragraph three of part one of this subitem, and the choice of investment projects for their realization by subjects of managing within state programs, and also procedure for the termination of provision of the state financial support to subjects of managing according to the paragraph to third part one of this subitem is determined by "Development Bank of the Republic of Belarus" open joint stock company;

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* For the purposes of this Decree subjects of managing are understood as legal entities of all patterns of ownership and individual entrepreneurs.

1.7. rendering the state financial support can be performed in exceptional cases according to the decision of the President of the Republic of Belarus at the expense of means republican and (or) local budgets in the form of provision of the budget loan according to the procedure, determined by this Decree and the Budget code of the Republic of Belarus, for implementation of the investment projects which passed the state complex examination and having the positive conclusion.

The state financial support in the form of provision of the budget loan can be given:

to legal entities - residents of the Republic of Belarus, except for state-financed organizations, banks, "Development Bank of the Republic of Belarus" open joint stock company, the insurance and non-bank credit and financial organizations if other is not established by the President of the Republic of Belarus;

to individual entrepreneurs.

Condition of rendering to the legal entity or individual entrepreneur (further - the borrower) the state financial support in the form of provision of the budget loan is achievement by it in total the following indicators of activities:

on profitability of sales;

on growth rates of labor productivity on value added;

on decrease in the cost level on production and sales of products (works, services);

in need of other indicators connected with specifics of the activities performed by the borrower according to the decision of the President of the Republic of Belarus.

The indicators of activities of the borrower which are condition of rendering the state financial support to it in the form of provision of the budget loan (further - indicators of activities of the borrower), for certain period, procedure for early return of the budget loan in case of their not achievement and officials who bear responsibility for their achievement are specified in the decision of the President of the Republic of Belarus on provision of the budget loan.

Measure values of activities of the borrower are annually established by the authorized state bodies which signed the contract of the budget loan with the Ministry of Finance and (or) local financial bodies and the borrower (further - authorized state bodies). Adjustment of these values is not allowed.

Borrowers shall represent annually no later than February 1 of the year following reporting data on achievement of indicators of activities of the borrower, the directions of use of the budget loan and obligation fulfillment under the agreement of the budget loan to authorized state bodies;

1.8. the basic principles of carrying out the tenders provided in part one of subitem 1.6 of this Item are transparency of procedures of carrying out tenders, openness of information on their carrying out and equal access for subjects of managing to participation in tenders;

1.9. provision of guarantees for the Government of the Republic of Belarus, local executive and administrative organs on the credits issued by banks for implementation of investment projects within state programs after May 1, 2016 if other is not established by legal acts, is not allowed;

1.10. provision of the state financial support to subjects of managing provided in subitem 1.6 of this Item stops in case of establishment by the controlling (supervising) bodies of the facts of its provision with violation of the procedure determined by the legislation and (or) illegal obtaining or use not on purpose or with violation of the budget legislation of the budget funds allocated for rendering the state financial support.

2. Operation of this Decree does not extend:

2.1. on decisions:

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