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Based on Item 225 of the Regulations on accounting treatment, storage, estimates and the realization of the property withdrawn, arrested or turned into the income of the state, approved by the Presidential decree of the Republic of Belarus of February 19, 2016 No. 63, of subitem 11.4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, Administration of the President of the Republic of Belarus DECIDES:

1. Approve the Instruction about procedure for realization of the vehicles withdrawn, arrested or turned into the income of the state at auction it (is applied).

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

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The instruction about procedure for realization of the vehicles withdrawn, arrested or turned into the income of the state at auction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 This Instruction establishes procedure for realization by the implementing organizations of the vehicles withdrawn, arrested, and also confiscated under sentence (resolution) of court or turned into the income of the state otherwise, vehicles on which collection on account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 terms and their determinations in the values established by appendix 1 to 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Presidential decree of the Republic of Belarus of February 19, 2016 No. 63 "About enhancement of work with the property withdrawn, arrested or turned into the income of the state" are used.

3. The auction is open.

Citizens of the Republic of Belarus, foreign citizens and stateless persons, individual entrepreneurs, legal entities, including foreign 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procedure, the provided Regulations on accounting treatment, storages, estimates and the realization of the property withdrawn, arrested or turned into the income of the state.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 with implementation of calculations in non-cash form.

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 on the global computer Internet;

establishes date, time and the venue of 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)" are provided (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;

signs the purchase and sale agreement of the vehicle;

perfroms at the scheduled time calculations with participants of auction;

performs other functions according to this Instruction.

9. Sum of earnest money is determined in the amount of, the provided in paragraph three of Item 227 of the Regulations on accounting treatment, storages, estimates and the realization of the property withdrawn, arrested or turned into the income of the state.

10. The implementing organization creates the commission, appoints its chairman, the vice-chairman and the secretary of the commission. The commissions can be included representatives of Department on humanitarian activities of Administration of the President of the Republic of Belarus (further – Department), and also authorized bodies in coordination with these bodies.

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