RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of July 2, 2020 No. 391

About change of resolutions of Council of Ministers of the Republic of Belarus

In pursuance of Item 2 of the Presidential decree of the Republic of Belarus of December 30, 2019 No. 492 "About change of presidential decrees of the Republic of Belarus", item 4 of the Presidential decree of the Republic of Belarus of April 7, 2020 "About the housing relations" and paragraph two of article 5 of the Law of the Republic of Belarus of May 4, 2019 No. 185-Z "About change of the laws concerning legal regulation of the housing relations" the Council of Ministers of the Republic of Belarus DECIDES: No. 121

1. Make changes to the following resolutions of Council of Ministers of the Republic of Belarus:

1.1. in part two of Item 13 and the second offer of part two of Item 29 of the Regulations on procedure for confirmation and calculation of length of service for the purpose of pensions approved by the resolution of Council of Ministers of the Republic of Belarus of December 24, 1992 No. 777, of the word "the organization, осущес tvlyayushchy operation of housing stock and (or) providing housing and communal services" shall be replaced with words "the organization performing accounting, calculation and charge of payment for housing and communal services and payments for use of premises" in the corresponding case and number;

1.2. in Item 6 of the resolution of Council of Ministers of the Republic of Belarus of November 30, 1998 No. 1842 "About introduction of contractual form of employment of pedagogical, health, pharmaceutical workers, cultural workers, including heads of these workers, specialists and heads of specialized educational sports facilities, chief specialists and specialists of agricultural industry, specialists of housing and communal services, specialists performing veterinary activities of workers and specialists of system of consumer cooperation in the areas which underwent to radioactive pollution as a result of the Chernobyl accident of" the word "by premises of commercial use" shall be replaced with words "rent housing";

1.3. in subitem 1.1 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of February 3, 1999 "About implementation of individual clauses of the Law of the Republic of Belarus "About the status of the deputy of the House of Representatives, the member of council of the Republic of National assembly of the Republic of Belarus of" the word "of premises of commercial use" shall be replaced with words No. 180 "rent housing";

1.4. in Regulations on the procedure for property management of wards approved by the resolution of Council of Ministers of the Republic of Belarus of October 28, 1999 No. 1677:

in Item 6 of the word "and rights to it" shall be replaced with words ", the rights to it and transactions with it";

Item 7 after the words "registration certificate" to add with words ", the certificate (certificate) of state registration";

the second offer of part one of Item 15 to add with words ", and also on expense recovery of the organizations performing operation of housing stock and (or) providing housing and communal services for the electric power consumed on lighting of auxiliary rooms and operation of the equipment, including elevators in apartment apartment houses";

1.5. in the resolution of Council of Ministers of the Republic of Belarus of March 30, 2000 No. 429 "About approval of the Approximate regulations on the public commission on housing questions":

the second Item 1 to exclude part;

in the Approximate regulations on the public commission on housing questions approved by this resolution:

state Item 1 in the following edition:

"1. Under local executive and administrative organ, other state body, other organization the public commission on housing questions can be created (further - the Commission).";

state item 4 in the following edition:

"4. The main objectives of the Commission are providing the analysis of application of the housing legislation, including the analysis of condition of accounting of the citizens needing improvement of housing conditions, distributions of premises, correctness of reference of citizens to category needy for provision by it of premises of social use, rendering the state support for construction (reconstruction) or acquisition of premises.";

in Item 5:

exclude;

state in the following edition:

"5.32. considers correctness of reference of citizens to category needy for the purposes of provision by it of premises of social use, rendering the state support for construction (reconstruction) or acquisition of premises;";

state Item 6 in the following edition:

"6. Questions of application of the housing legislation in local executive and administrative organ, other state body, other organization are considered by the Commission according to requirements of the legislation and with respect for the principle of publicity.";

1.6. to exclude from the paragraph of the eighth of part one of Item 5 of the Regulations on payment procedure of expenses on burial of the dead insured on compulsory insurance against labor accidents and occupational diseases which death was caused by the insured event approved by the resolution of Council of Ministers of the Republic of Belarus of October 10, 2003 No. 1303, of the word "the organization performing operation of housing stock, the organization which provided premises";

1.7. in the resolution of Council of Ministers of the Republic of Belarus of November 15, 2005 No. 1273 "About the organization of conducting pokhozyaystvenny accounting":

in forms 1, of 2, of the 4 and 5 appendix to this resolution the word "middle name" shall be replaced with words "middle name (in the presence)";

in the Instruction about the organization of conducting pokhozyaystvenny accounting approved by this resolution:

from Item 8 the second offer to exclude;

in Item part four 14, Item 19 and part two of Item 20 the word "middle name" shall be replaced with words "middle name (in the presence)";

from the paragraph of the seventh of part three of Item 26 the word to "subtenants" to exclude;

from Item 40 part two paragraph two the word", subtenants" to exclude;

in part four of Item 41 of the word "subtenants number of personal account of the owner, employer" shall be replaced with words "employers number of personal account of the owner";

1.8. in Regulations on the procedure for carrying out inventory count of the state housing stock approved by the resolution of Council of Ministers of the Republic of Belarus of January 6, 2006 No. 11:

in Item 1 of the word" (further - inventory count) and registrations of its results" shall be replaced with words "for the purpose of studying of technical characteristics of premises (further - inventory count) and registrations of results of inventory count";

from part one of Item 8 of the word", exercise control of carrying out inventory count" to exclude;

from part one of Item 9 of the word "exercise control of carrying out inventory count" to exclude;

in Item 10:

from part one of the word "provide constant control behind carrying out inventory count of the state housing stock in the territory of areas and Minsk" to exclude;

the first offer of part two to add with the words "or his deputy";

in part four of Item 14 of the word" (provided according to employment contracts, premises of social use, premises of commercial use or special premises)" shall be replaced with words "(premises of social use, rent housing or special premises)";

in Item 15 of the word of "social use, commercial use" shall be replaced with words "premises of social use, rent housing";

in the Section III of appendix 1 to this Provision:

exclude columns 5 and 11;

to state the name of column 7 in the following edition:

"rent housing";

to state the name of column 13 in the following edition:

"rent housing";

in appendix 5 to this Provision:

exclude Items 1-3;

in Items 7 and 8 of the word "The Premises of Commercial Use Which Are" shall be replaced with words "The rent housing which is";

the paragraph one of Item 9 to state in the following edition:

"9. Total on rent housing:";

1.9. from part two of Item 13 of Rules of stay of the foreign citizens and stateless persons in the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of January 20, 2006 No. 73, the word "(sublease)" to exclude;

1.10. in the resolution of Council of Ministers of the Republic of Belarus of February 28, 2006 No. 301 "About approval of the Regulations on procedure for determination of average monthly comprehensive income and property value of citizens and members of their families for provision of premises of social use of the state housing stock":

state preamble in the following edition:

"Based on subitem 1.12 of Item 1 of article 105 of the Housing code of the Republic of Belarus the Council of Ministers of the Republic of Belarus DECIDES:";

in Regulations on the procedure for determination of average monthly comprehensive income and property value of citizens and members of their families for provision of premises of social use of the state housing stock approved by this resolution:

to exclude from Item 1 of the word "developed for the purpose of implementation of the Presidential decree of the Republic of Belarus of November 29, 2005 No. 565 " about some measures for regulation of the housing relations " (the national register of legal acts of the Republic of Belarus, 2005, No. 190, 1/6977) and";

in the paragraph the second Item 2 to replace the word "statements" with the word "acceptances";

the fifth Item 3 to state the paragraph in the following edition:

"the income from implementation of business, craft activity, the income of the notaries performing notarial activities in notarial bureaus, the income from implementation of lawyer activities, and also the income from implementation of the types of activity which are not relating to business activity when which implementing the single tax from individual entrepreneurs and other physical persons, and activities for rendering services in the field of agroecotourism is paid. Such income joins in comprehensive income of the citizen (family) based on the data determined and provided independently by persons performing such activities, and certified by their signature;";

in item 4 of the word "on the national social insurance in Social Security Fund of the population of the Ministry of Labour and Social Protection" shall be replaced with words "in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus";

1.11. in Item 5 of appendix to the Regulations on procedure for representation to the commercial organizations performing realtor activities, information by state bodies and other organizations about real estate objects, about the rights to them, legal entities and physical persons - the parties of the transaction concerning which realtor activities are performed, to No. approved by the resolution of Council of Ministers of the Republic of Belarus of March 27, 2006 406, of the word "the organizations performing operation of housing stock and (or) providing housing and communal services" shall be replaced with words "the organizations performing accounting, calculation and charge of payment for housing and communal services and payments for use of premises";

1.12.  to orphan children, children without parental support, persons from among orphan children and children without parental support, and also the content of children in the social and pedagogical centers, special teaching and educational facilities, special medical and educational facilities, receivers distributors for minors approved by the resolution of Council of Ministers of the Republic of Belarus of July 6, 2006 No. 840, to add paragraph two of part two of Item 11-1 of the Regulations on conditions and procedure for provision of the state providing with words "if other is not determined by legal acts";

1.13. in Regulations on the Ministry of Housing and Public Utilities of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 31, 2006 No. 968:

to add subitem 3.6 of Item 3 with words ", expense recoveries of the organizations performing operation of housing stock and (or) providing housing and communal services on the electric power consumed on lighting of auxiliary rooms and operation of the equipment, including elevators in apartment apartment houses";

in item 4 of the word "premises of commercial use" shall be replaced with words "rent housing";

to add Item 10 part one after the word "Minzhilkomkhoza" with words ", state bodies (organizations)";

1.14. in the resolution of Council of Ministers of the Republic of Belarus of September 12, 2006 No. 1191 "About measures for implementation of the Presidential decree of the Republic of Belarus of August 4, 2006 No. 497":

in preamble:

to exclude the word of "(subhiring)";

after the word of "rooms" to add preamble with the word", parking places";

in the form of the employment contract of premises of private housing stock of citizens, approved by this resolution:

the fourth Item 1 to state part in the following edition:

"The premises are heated, have natural lighting and meet sanitary standards and rules, hygienic standard rates, obligatory for observance, and other technical regulatory legal acts, obligatory for observance, containing requirements imposed to premises. The engineering equipment is in good repair.";

to state subitem 4.1 of item 4 in the following edition:

"4.1. timely and in full introduction by the employer of payment for use of premises and for housing and communal services, the expense recoveries of the organizations performing operation of housing stock and (or) providing housing and communal services on the electric power consumed on lighting of auxiliary rooms and operation of the equipment, including elevators in apartment apartment houses if such services and expense recovery are paid by the employer, payments for the property provided in ownership and use and the rendered services if such services are rendered;";

to state subitem 10.2 of Item 10 in the following edition:

"10.2. upon the demand of the lessor in case of violation by the employer and (or) the members of his family of essential terms of the contract living together with it, and also in cases if the employer of premises and (or) members of his family living together with it within calendar year three and more times were brought to the administrative responsibility for the abuse of regulations of use of premises, contents of residential and auxiliary rooms expressed in destruction or spoil of premises or its use not to destination or if they systematically assume violation of requirements of the Housing code of the Republic of Belarus that makes impossible for others accommodation with them in one apartment or in one apartment house, were warned by the lessor about possibility of agreement cancelation of hiring of premises and within year after such prevention were brought to the administrative responsibility for similar offenses;";

to state subitem 7.3 of Item 7 of form of the lease agreement (sublease) of non-residential premises approved by this resolution in the following edition:

"7.3. contain and operate the room received in lease according to sanitary and epidemiologic requirements, requirements of fire safety and other requirements of technical regulatory legal acts, obligatory for observance, to make at own expense running repair;";

in the form of the lease agreement of premises of private housing stock of citizens, approved by this resolution:

third of Item 2 to state part in the following edition:

"The premises are heated, have natural lighting and meet sanitary standards and rules, hygienic standard rates, obligatory for observance, and other technical regulatory legal acts, obligatory for observance, containing requirements imposed to premises. The engineering equipment is in good repair.";

to add subitem 5.1 of Item 5 with words ", including on the conditions established in part four of Item 1 of article 53 of the Housing code of the Republic of Belarus";

to state subitem 6.2 of Item 6 in the following edition:

"6.2. contain and operate the premises received in lease according to sanitary and epidemiologic requirements, requirements of fire safety and other requirements of technical regulatory legal acts, obligatory for observance;";

to state subitem 7.1 of Item 7 in the following edition:

"7.1. timely and in full introduction by the lessee of the rent and payment for housing and communal services, expense recoveries of the organizations performing operation of housing stock and (or) providing housing and communal services on the electric power consumed on lighting of auxiliary rooms and operation of the equipment, including elevators in apartment apartment houses if such services and expense recovery are paid by the lessee, payments for the property provided in ownership and use and the rendered services if such services are rendered;";

1.15. in Regulations on procedure for the organization of accounting of the children who are subject to training at the level of general secondary education approved by the resolution of Council of Ministers of the Republic of Belarus of November 8, 2006 No. 1493:

in part two of Item 6 of the word "operation of housing stock and (or) providing housing and communal services" shall be replaced with words "accounting, calculation and charge of payment for housing and communal services and payments for use of premises";

in Item 7 of the word "operation of housing stock and (or) the providing housing and communal services" shall be replaced with words "accounting, calculation and charge of payment for housing and communal services and payments for use of premises";

1.16. in Regulations on the procedure for fixing of premises to orphan children and children without parental support approved by the resolution of Council of Ministers of the Republic of Belarus of December 26, 2006 No. 1728:

in Item 2:

from word part one "state and", "employers or" to exclude;

in part two of the word "premises of commercial use", "hiring" and "the legislation of the Republic of Belarus" to replace respectively with the words "rent housing", "hiring of premises of private housing stock" and "the housing legislation";

"or" to exclude the employer from part two of Item 3 of the word;

in item 4:

in part one of the word "management (department) of formation of local executive and administrative organ" shall be replaced with words "the structural division of city, district executive committee, local administration of the area in the city performing state powers of authority in the field of education";

in part two:

" (further - the organizations performing operation of housing stock)" shall be replaced with words words ", or the organizations performing accounting, calculation and charge of payment for housing and communal services and payments for use of premises (further if other is not determined, - the organizations performing operation of housing stock)";

"the employer or" to exclude words;

the second Item 5 to exclude part;

in the paragraph the second Item 6 of the word "and rights to it" shall be replaced with words ", the rights to it and transactions with it";

"or" to exclude the employer from Item 7 of the word;

в:

shall be replaced with words the words "The Organization Performing Operation of Housing Stock" "The organization performing operation of housing stock and (or) providing housing and communal services";

"state and" to exclude words;

in Item 8:

words of "the obliged persons" shall be replaced with words "persons obliged to refund the expenses spent by the state for content of the children who are on the state providing (further - the obliged persons),";

to exclude the word of "(subhiring)";

the second Item 12 to add part with the paragraph of the following content:

"inclusion of premises of the state housing stock in structure of rent housing.";

in Item 14 of the word "third or fifth" shall be replaced with words "third or pole";

"employers or" to exclude from Item 15 of the word;

the second Item 16 after the word "services" to add part with the words "and to other receivable payments";

1.17. in the resolution of Council of Ministers of the Republic of Belarus of December 27, 2006 No. 1733 "About some questions of provision of premises of the citizens obliged to refund expenses on content of the children who are on the state providing for accommodation according to employment contracts, subhiring of premises":

from the name the word", subhiring" to exclude;

in Item 1:

from word paragraph two", subhiring" and "(employers)" to exclude;

the fourth to exclude the paragraph;

exclude Item 2;

in Regulations on the conditions and procedure for money transfer received from provision according to employment contracts, subhiring of premises of the citizens obliged to refund expenses on content of the children who are on the state providing, being owners (employers) of these premises, for repayment of expenses on content of their children approved by this resolution:

from the name of the word", subhiring" and "(employers)" to exclude;

state Item 1 in the following edition:

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