RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 14, 2021 No. 720

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

In pursuance of item 4 of the Presidential decree of the Republic of Belarus of October 12, 2021 "About use of the family capital" the Council of Ministers of the Republic of Belarus DECIDES: No. 389

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

1.1. in Regulations on the procedure and conditions of appointment, financing (transfer), the order and use of means of the family capital approved by the resolution of Council of Ministers of the Republic of Belarus of February 24, 2015 No. 128:

add the Provision with Item 2-1 of the following content:

"2-1. Provided by citizens for appointment, the order and uses of means of the family capital originals of documents return to citizens. In personal records of citizens copies of the documents submitted by them which are verified with originals join and are certified of the procedure established by the legislation.";

"provision of the family capital" to add Item 3 part one after words with the words "in case of the birth (adoption, adoption) in 2020-2024 third or the subsequent children";

add the Provision with Items 5-1 and 5-2 of the following content:

"5-1. In case of determination of availability of the right to purpose of the family capital in family composition are considered:

mother (stepmother), father (stepfather), adoptive father (adopter);

the children aged up to 18 years (including day of achievement of age by them 18 years) raised in family, including adopted (adopted) stepsons and stepdaughters.

Children are considered in family composition under condition if on the date of the request for purpose of the family capital they constantly live in the Republic of Belarus.

In case of annulment of marriage children are considered in family composition of the parent on which education they are according to the documents and (or) data specified in Item 5-2 of this provision. The children born out of scrap are considered in family composition of mother if according to the decision (resolution) of court, determination about the writ other is not established (about the place of residence of children, collection of the alimony for their content and other bases).

If children were considered in case of purpose of the family capital (appointed according to the Decree No. 572 or the Decree No. 345) in one family, in other family they are not considered.

The adopted (adopted) children who at the time of adoption (adoption) were not stepsons or stepdaughters of person who adopted (adopted) them are considered in family composition of adoptive parents (adopters) regardless of the fact that they were considered as a part of other family in case of purpose of the family capital before their adoption (adoption).

In case of determination of availability of the right to purpose of the family capital in family composition children are not considered:

concerning which parents (the single parent) are deprived of the parent rights;

over which guardianship (guardianship) is established;

selected from family by a court decision;

which parents (parent) refused;

concerning which adoption (adoption) is cancelled;

the dead, acknowledged it is unknown absent, declared the dead.

5-2. Treat documents and (or) data based on which children are considered in family composition of one of parents:

The agreement on children, the copy of the judgment on annulment of marriage (the statement from the decision), the Marriage agreement, determining the parent with whom child(children) lives;

the copy of the judgment about deprivation of the parent rights of the second parent or about confiscation of the child without deprivation of the parent rights;

the copy of the judgment, determination about the writ about collection of the alimony, the Agreement on content of the minors and (or) the disabled full age children needing the help;

the reference of the body registering acts of civil status, containing data from the birth statement (if record about the father in the birth statement of the child is made based on the statement of mother who is not married);

the death certificate of the second parent, its recognition is unknown absent, the announcement the dead;

data of organizations of education, and also other organizations and individual entrepreneurs realizing the educational program of preschool education on education of the student in family of one of parents and (or) the data of state bodies, other organizations about accommodation of the child in family of one of parents (including the act of inspection of the family raising children aged up to 18 years, constituted for certification of large family) - if the place of residence of children with one of parents is documentary not determined and the alimony for content of children is not established.";

in Item 9:

in word part one" (further - JSC ASB Belarusbank)" shall be replaced with words "(further if other is not established, - JSC ASB Belarusbank)";

the second after the word "body" to add part with the words "at the destination of the family capital";

in Item 13:

the second to state part in the following edition:

"In case of early use of means of the family capital according to the paragraph of part three of Item 2 of the Provision approved by the Decree No. 572, and the paragraph the second parts three of Item 2 of the Provision approved by the Decree No. 345, taking into account provisions of part four of Item 2 of the Provision approved by the Decree No. 572, and parts four of Item 2 of the Provision approved by the Decree No. 345, they can be sent the second on:

construction (reconstruction) of the single-family apartment house, apartment in the apartment or blocked apartment house (further if other is not established, - premises) as a part of the organization of builders or based on the agreement of creation of object of shared-equity construction - if the citizen is in accordance with the established procedure directed to construction (reconstruction) (personally or in family composition);

construction (reconstruction) of the single-family apartment house, apartment in the blocked apartment house contract or economic method;

acquisition of premises, including premises which construction was performed according to the state order;

acquisition of share (shares) in the property right to premises (except for premises which construction was performed according to the state order) - if after acquisition of the specified share (shares) the citizen is the single owner of all premises;

debt repayment on the credit, including preferential (including based on agreements on transfer of debt, on acceptance of debt on the credit), and interest payment for use of this loan granted on the purpose and on the conditions specified in paragraphs the second or fifth to this part - if the citizen stayed on the registry of the housing conditions needing improvement (personally or in family composition) for date of the conclusion of the credit agreement;

debt repayment on loan of the organization and interest payment for use of this loan granted on the purpose and on the conditions specified in paragraphs the second or fifth to this part - if the citizen stayed on the registry of the housing conditions needing improvement (personally or in family composition) for date of the conclusion of the loan agreement.";

add Item with part of the following content:

"Means of the family capital can be used ahead of schedule on specified in part two (except for paragraphs of the sixth and seventh) this Item to the directions in case of observance of the following conditions:

according to paragraphs the second or fifth parts two of this Item - if the citizen stays on the registry of the housing conditions needing improvement (personally or in family composition) for date of the request for the early order means of the family capital, and also in case of voluntary declaration of will of the citizen and members of his family on removal from such accounting after state registration of the property right to premises, share (shares) in the property right to it;

according to paragraphs to the fourth and fifth part two of this Item:

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