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RESOLUTION OF ADMINISTRATION OF THE PRESIDENT OF THE REPUBLIC OF BELARUS

of August 15, 2016 No. 7

About procedure for realization of the vehicles turned into the income of the state, at auction

Based on Item 223 of the Regulations on accounting treatment, storage, estimates and the realization of the property withdrawn, arrested or turned into the income of the state approved by the Presidential decree of the Republic of Belarus of February 19, 2016 No. 63 "About enhancement of work with the property withdrawn, arrested or turned into the income of the state", subitem 11.4 of Item 11 of the Regulations on Administration of the President of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of December 3, 2010 No. 620 "Questions of activities of Administration of the President of the Republic of Belarus" DECIDES: Administration of the President of the Republic of Belarus

1. Approve the enclosed Instruction about procedure for realization of the vehicles withdrawn, arrested or turned into the income of the state at auction.

2. This resolution becomes effective since August 27, 2016.

Managing affairs of the President of the Republic of Belarus

V. V. Sheiman

It is approved

Chairman of the State committee on property of the Republic of Belarus

July 26, 2016

 

A. A. Gayev

It is approved

Minister of Trade of the Republic of Belarus

August 2, 2016

 

V. V. Koltovich

 

Approved by the Resolution of Administration of the President of the Republic of Belarus of August 15, 2016 No. 7

The instruction about procedure for realization of the vehicles withdrawn, arrested or turned into the income of the state at auction

Chapter 1. General provisions

1. This Instruction establishes procedure for realization by the implementing organizations of the vehicles withdrawn, arrested, and also confiscated under sentence (resolution) of court or turned into the income of the state otherwise, vehicles on which collection on account of the unexecuted tax liability, unpaid penalty fee, and vehicles exempted from arrest by the body conducting criminal procedure (further - the vehicle), at auction addresses.

2. For the purposes of this Instruction the main terms and their determinations in the values established by Regulations on accounting treatment, storages, estimates and the realization of the property withdrawn, arrested or turned into the income of the state, the approved Presidential decree of the Republic of Belarus of February 19, 2016 No. 63 "About enhancement of work with the property withdrawn, arrested or turned into the income of the state" are used (The national legal Internet portal of the Republic of Belarus, 26.02.2016, 1/16298).

3. The auction is open.

Legal entities and individual entrepreneurs of the Republic of Belarus, and also foreign legal entities and individual entrepreneurs, citizens of the Republic of Belarus, foreign citizens, stateless persons can be participants of auction.

4. Starting price of sale of the vehicle at auction is determined according to the procedure, the provided Regulations on accounting treatment, storages, estimates and the realization of the property withdrawn, arrested or turned into the income of the state.

Starting price of sale of the vehicle which is not sold at earlier held auctions can be lowered according to Regulations on accounting treatment, storages, estimates and the realization of the property withdrawn, arrested or turned into the income of the state.

5. Vehicles are implemented at auction by the implementing organizations.

6. The decision on sale at auction of vehicles is made according to the procedure, the established Regulations on accounting treatment, storages, estimates and the realization of the property withdrawn, arrested or turned into the income of the state.

7. Sale of vehicles is made only for money.

Chapter 2. Preparation and organization of holding auctions

8. The implementing organization:

carries out pre-sale preparation of the vehicle within 5 calendar days from the date of its receipt for realization at auction;

will organize search of potential buyers, including holds additional promotion activities;

provides opportunity in the presence of the representative of the implementing organization of visual acquaintance of potential buyers with the vehicle, and also with documents on this vehicle taking into account requirements of the legislation on information security, distribution and (or) provision of which is limited;

will organize the publication of the notice on holding the auction (further - the notice) on the website of the implementing organization and Department for humanitarian activities of Administration of the President of the Republic of Belarus (further - Department);

establishes the place, date and time of holding the auction, and also the place, date and time of the end of reception of applications for participation in auction with the enclosed documents specified in Item 15 of this Instruction;

establishes starting price of sale of the vehicle;

creates the commission on holding the auction (further - the commission);

adopts statements on participation in auction with the enclosed documents;

signs with participants prior to the auction agreements in which the rights, obligations and responsibility of the parties in the course of preparation and holding the auction, including the penalty size determined according to part three of subitem 1.2 of Item 1 of the Presidential decree of the Republic of Belarus of May 5, 2009 No. 232 "About some questions of holding auctions (tenders)" (The national register of legal acts of the Republic of Belarus, 2009, No. 110, 1/10673 are provided; National legal Internet portal of the Republic of Belarus, 17.01. 2013, 1/13990) (further - the agreement);

informs participants of auction on costs for the organization and holding the auction, including on the expenses connected with production and provision to these participants of documentation necessary for its carrying out (further - costs for the organization and holding the auction), and also on removal of the vehicle from auction in the form specified in the statement for participation in auction;

holds the auction and draws up their results;

resolves the matters of argument arising during tendering;

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