RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of January 13, 2023 No. 35

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

In pursuance of paragraph two of article 2 of the Law of the Republic of Belarus of July 18, 2022 "About change of the Law of the Republic of Belarus "About public-private partnership" the Council of Ministers of the Republic of Belarus DECIDES: No. 194-Z

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

1.1. in the resolution of Council of Ministers of the Republic of Belarus of February 10, 1997 No. 71 "About formation of the Currency and credit commission of Council of Ministers of the Republic of Belarus":

state Item 2 in the following edition:

"2. Approve Regulations on the Currency and credit commission of Council of Ministers of the Republic of Belarus it (is applied).";

in the Regulations on the Currency and credit commission of Council of Ministers of the Republic of Belarus approved by this resolution:

state Item 2 in the following edition:

"2. The commission in the activities is guided by the legislation of the Republic of Belarus, including the legislation on financial credit system and the legislation in the field of investments.";

in subitem 5.1 of Item 5:

to state the paragraph of the seventh in the following edition:

"about feasibility of acceptance and execution by the Republic of Belarus as the state partner of obligations in the project of public-private partnership and about limiting determination of the size of means of the republican budget for financing of agreement obligations about public-private partnership in case of decision making about project implementation of public-private partnership in the cases provided in paragraphs second and third Item 1 of article 16 of the Law of the Republic of Belarus of December 30, 2015 No. 345-Z "About public-private partnership;";

from the paragraph of the eighth word", and also the extreme size of means of the local budget for financing of agreement obligations about public-private partnership if according to documents of the offer on project implementation of public-private partnership the size of such obligations exceeds 1 million basic sizes on approval date (approvals) of these documents" to exclude;

1.2. to state subitem 5.3.8 of Item 5 of the Regulations on the Ministry of Economics of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 967, in the following edition:

"5.3.8. in the field of public-private partnership:

develops and makes offers on the questions connected with preparation, consideration and assessment of offers on projects implementation of public-private partnership, the organization and carrying out tender, direct negotiations on these projects, maintaining the state register of agreements on public-private partnership;

performs the organization of work of Interdepartmental infrastructure coordination council;

considers and estimates offers on projects implementation of public-private partnership, providing financing at the expense of means of the republican budget and (or) financing of cost recovery and profit earning (income) of the private partner at the expense of means of the republican budget, and prepares according to them the complex conclusion about feasibility of projects implementation of public-private partnership;

considers and coordinates the tender documentation on the projects of public-private partnership providing financing at the expense of means of the republican budget and (or) financing of cost recovery and profit earning (income) of the private partner at the expense of means of the republican budget;

participates in work of the commission on carrying out tender or direct negotiations concerning projects of public-private partnership;

keeps the state register of agreements on public-private partnership;";

1.3. the eighth and ninth Item 7 of the Regulations on Interdepartmental infrastructure coordination council approved by the resolution of Council of Ministers of the Republic of Belarus of May 27, 2014 No. 508, to exclude paragraphs;

1.4. in the resolution of Council of Ministers of the Republic of Belarus of July 6, 2016 No. 532 "About measures for implementation of the Law of the Republic of Belarus of December 30, 2015 No. 345-Z "About public-private partnership":

state Item 1 in the following edition:

"1. Approve:

Regulations on procedure for preparation, consideration and assessment of offers on projects implementation of public-private partnership (are applied);

Regulations on procedure for the organization and carrying out tender, direct negotiations, and also negotiations concerning conditions of draft agreements on public-private partnership (are applied);

The regulations on procedure for financing of cost recovery and profit earning (income) of the private partner at the expense of means of the republican budget (are applied);

The regulations on procedure for maintaining the State register of agreements on public-private partnership (are applied).";

The regulations on procedure for preparation, consideration and assessment of offers on projects implementation of public-private partnership approved by this resolution to be reworded as follows (are applied);

add the resolution with Regulations on procedure for financing of cost recovery and profit earning (income) of the private partner at the expense of means of the republican budget it (is applied);

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