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RESOLUTION OF THE STATE COMMITTEE ON PROPERTY OF THE REPUBLIC OF BELARUS

of March 7, 2023 No. 16

About change of resolutions of the State committee on property of the Republic of Belarus

Based on Item 6, the paragraph of the fourth Item 9, paragraph one of part one of Item 18 of the Regulations on procedure for the organization and holding auctions for sale of the real estate which is in state-owned property with establishment of starting price of the sale equal to one basic size approved by the resolution of Council of Ministers of the Republic of Belarus of March 11, 2010 No. 342, of part two of Item 48 of the Regulations on procedure for the carrying out the electronic biddings approved by the resolution of Council of Ministers of the Republic of Belarus of July 12, 2013 No. 608, of Item part two 10, of the paragraph of the ninth Item 12, of paragraph one of part one of Item 21 of the Regulations on procedure for the organization and holding auctions (tenders) selling the separate objects which are in state-owned property the Council of Ministers of the Republic of Belarus approved by the resolution of July 12, 2013 609, Item parts two 7, of the paragraph of the fifth Item 10, of paragraph one of part one of Item 21 of the Regulations on procedure for the organization and holding auctions for sale of objects of state-owned property and the parcel of land in private property or the rights of lease of the parcel of land for construction and servicing of real estate, Item 6, of the paragraph of the tenth Item 9, of paragraph one of part one of Item 20 of the Regulations on procedure for the organization and holding auctions for sale of the objects which are in state-owned property without sale of the right of lease of the parcel of land necessary for construction and the servicing of alienable property approved by the resolution of Council of Ministers of the Republic of Belarus of January 13, 2023 No. 32, the State committee on property of the Republic of Belarus DECIDES: No.

1. Make changes to the following resolutions of the State committee on property of the Republic of Belarus:

1.1. in the resolution of the State committee on property of the Republic of Belarus of April 23, 2008 No. 29 "About establishment of document forms":

state preamble in the following edition:

"Based on Item part two 7, of the paragraph of the fifth Item 10, of paragraph one of part one of Item 21 of the Regulations on procedure for the organization and holding auctions for sale of objects of state-owned property and the parcel of land in private property or the rights of lease of the parcel of land for construction and servicing of the real estate approved by the resolution of Council of Ministers of the Republic of Belarus of January 13, 2023 No. 32, the State committee on property of the Republic of Belarus DECIDES:";

in Item 1:

in paragraphs three, the fifth, seventh and eighth:

to exclude words of "the conclusion of the agreement";

after the word "for" to add with words "constructions and";

paragraphs the fourth, the sixth and ninth after the word "for" to add with words "constructions and";

in appendix 1 to this resolution:

in subitem 1.1 of Item 1 of the word "The regulations on procedure for the organization and holding auctions for sale of objects of state-owned property and the parcel of land in private property or rights to contract of lease of the parcel of land for servicing of real estate approved by the resolution of Council of Ministers of the Republic of Belarus of March 26, 2008 No. 462" shall be replaced with words "The regulations on procedure for the organization and holding auctions for sale of objects of state-owned property and the parcel of land in private property or the rights of lease of the parcel of land for construction and servicing of real estate approved by the resolution of Council of Ministers of the Republic of Belarus of January 13, 2023 No. 32";

to state subitems 2.1.3 and 2.1.4 of Item 2 in the following edition:

"2.1.3. give access to all citizens, legal entities and individual entrepreneurs of the Republic of Belarus, and also foreign investors (foreign states, associations, the international organizations, foreign legal entities, foreign citizens and stateless persons) with real estate;

2.1.4. inform the Attorney on availability of the bases for cancellation of results of auction or for cancellation of the decision on sale of subject of auction to the single participant of cancelled auction who expressed consent to acquisition of subject of auction for the starting price increased by 5 percent listed in paragraphs the third or seventh part one and paragraphs by the Provision Item 33 part two second or pole no later than three working days after emergence of such bases.";

in appendix 2 to this resolution:

in the name:

to exclude words of "the conclusion of the agreement";

after the word "for" to add with words "constructions and";

in Item 1:

in subitem 1.1:

"The regulations on procedure for the organization and holding auctions for sale of objects of state-owned property and the parcel of land in private property or rights to contract of lease of the parcel of land for servicing of real estate approved by the resolution of Council of Ministers of the Republic of Belarus of March 26, 2008 No. 462" shall be replaced with words words "The regulations on procedure for the organization and holding auctions for sale of objects of state-owned property and the parcel of land in private property or the rights of lease of the parcel of land for construction and servicing of real estate approved by the resolution of Council of Ministers of the Republic of Belarus of January 13, 2023 No. 32";

to exclude words of "the conclusion of the agreement";

to exclude from subitem 1.2 of the word of "the conclusion of the agreement";

to state subitems 2.1.3 and 2.1.4 of Item 2 in the following edition:

"2.1.3. give access to all citizens, legal entities and individual entrepreneurs of the Republic of Belarus, and also foreign investors (foreign states, associations, the international organizations, foreign legal entities, foreign citizens and stateless persons) with real estate;

2.1.4. inform the Attorney on availability of the bases for cancellation of results of auction or for cancellation of the decision on sale of subject of auction to the single participant of cancelled auction who expressed consent to acquisition of subject of auction for the starting price increased by 5 percent listed in paragraphs the third or seventh part one and paragraphs by the Provision Item 33 part two second or pole no later than 3 working days after emergence of such bases.";

in appendix 3 to this resolution:

the name after the word "for" to add with words "constructions and";

in subitem 1.1 of Item 1:

"The regulations on procedure for the organization and holding auctions for sale of objects of state-owned property and the parcel of land in private property or rights to contract of lease of the parcel of land for servicing of real estate approved by the resolution of Council of Ministers of the Republic of Belarus of March 26, 2008 No. 462" shall be replaced with words words "The regulations on procedure for the organization and holding auctions for sale of objects of state-owned property and the parcel of land in private property or the rights of lease of the parcel of land for construction and servicing of real estate approved by the resolution of Council of Ministers of the Republic of Belarus of January 13, 2023 No. 32";

after the word "for" to add with words "constructions and";

to state subitem 2.1.4 of Item 2 in the following edition:

"2.1.4. inform the Attorney on availability of the bases for cancellation of results of auction or for cancellation of the decision on sale of subject of auction to the single participant of cancelled auction who expressed consent to acquisition of subject of auction for the starting price increased by 5 percent listed in paragraphs the third or seventh part one and paragraphs by the Provision Item 33 part two second or pole no later than 3 working days after emergence of such bases.";

in appendix 4 to this resolution:

in the name:

to exclude words of "the conclusion of the agreement";

after the word "for" to add with words "constructions and";

in Item 1:

words", being under economic authority, operational management of the state unitary enterprises and organizations or transferred to free use to the non-state legal entity, republican state public association)" to exclude;

to exclude words of "the conclusion of the agreement";

after the word "for" to add with words "constructions and";

in subitem 2.2 of Item 2:

paragraph two add with words "(except for the applicant for purchase)";

to exclude from the paragraph of the fourth word of "the conclusion of the agreement";

in appendix 5 to this resolution:

the name after the word "for" to add with words "constructions and";

in Item 1:

words", being under economic authority, operational management of the state unitary enterprises and organizations or transferred to free use to the non-state legal entity, republican state public association)" to exclude;

after the word "for" to add with words "constructions and";

"not signing" to add paragraph two of subitem 2.2 of Item 2 after the word with words "the winner of auction";

in appendix 6 to this resolution:

in the name:

to exclude words of "the conclusion of the agreement";

after the word "for" to add with words "constructions and";

in Item 1:

words", being under economic authority, operational management of the state unitary enterprises and organizations or transferred to free use to the non-state legal entity, republican state public association)" to exclude;

to exclude words of "the conclusion of the agreement";

after the word "for" to add with words "constructions and";

in subitem 2.2 of Item 2:

paragraph two add with words "(except for the applicant for purchase)";

to exclude from the paragraph of the fourth word of "the conclusion of the agreement";

in appendix 7 to this resolution:

in the name:

to exclude words of "the conclusion of the agreement";

after the word "for" to add with words "constructions and";

in Item 1:

words", being under economic authority, operational management of the state unitary enterprises and organizations or transferred to free use to the non-state legal entity, republican state public association)" to exclude;

to exclude words of "the conclusion of the agreement";

after the word "for" to add with words "constructions and";

in Item 2 of the word "Regulations on the procedure for the organization and holding auctions for sale of objects of state-owned property and the parcel of land in private property or rights to contract of lease of the parcel of land for servicing of real estate approved by the resolution of Council of Ministers of the Republic of Belarus of March 26, 2008 No. 462" shall be replaced with words "Regulations on the procedure for the organization and holding auctions for sale of objects of state-owned property and the parcel of land in private property or the rights of lease of the parcel of land for construction and servicing of real estate approved by the resolution of Council of Ministers of the Republic of Belarus of January 13, 2023 No. 32";

to exclude from Item 3 of the word of "the conclusion of the agreement";

in subitem 4.3 of item 4 of figure "38" to replace with figures "37";

to exclude from subitem 5.3 of Item 5 of the word of "the conclusion of the agreement";

state Item 6 in the following edition:

"6. In the cases of cancellation of results of auction, cancellation of the decision on sale of real estate to the applicant for purchase in connection with default on obligations specified in Item 5 of this agreement, the deposit brought by the winner of auction (the applicant for purchase) does not return and transferred into the relevant budgets (republican, local) in proportion to ratio of starting price of real estate to starting price of the parcel of land or right of lease of the parcel of land.";

to state part one of Item 7 in the following edition:

"7. In case of refusal or evasion of the winner of auction from signing of the protocol on results of auction, and also refusal or evasion of the winner of auction (the applicant for purchase) from the agreement signature concluded by results of auction and (or) cost recoveries on the organization and holding the auction the winner of auction (the applicant for purchase) pays penalty in the amount of ___________________ Belarusian rubles.";

in appendix 8 to this resolution:

the name after the word "for" to add with words "constructions and";

in Item 1:

words", being under economic authority, operational management of the state unitary enterprises and organizations or transferred to free use to the non-state legal entity, republican state public association)" to exclude;

after the word "for" to add with words "constructions and";

in Item 2 of the word "Regulations on the procedure for the organization and holding auctions for sale of objects of state-owned property and the parcel of land in private property or rights to contract of lease of the parcel of land for servicing of real estate approved by the resolution of Council of Ministers of the Republic of Belarus of March 26, 2008 No. 462" shall be replaced with words "Regulations on the procedure for the organization and holding auctions for sale of objects of state-owned property and the parcel of land in private property or the rights of lease of the parcel of land for construction and servicing of real estate approved by the resolution of Council of Ministers of the Republic of Belarus of January 13, 2023 No. 32";

in subitem 4.3 of item 4 of figure "38" to replace with figures "37";

subitem 5.1 of Item 5 to add with words "(except for the applicant for purchase)";

state Item 6 in the following edition:

"6. In the cases of cancellation of results of auction, cancellation of the decision on sale of real estate to the applicant for purchase in connection with default on obligations specified in Item 5 of this agreement, the deposit brought by the winner of auction (the applicant for purchase) does not return and transferred into the relevant budgets (republican, local) in proportion to ratio of starting price of real estate to starting price of the parcel of land or right of lease of the parcel of land.";

to state part one of Item 7 in the following edition:

"7. In case of refusal or evasion of the winner of auction from signing of the protocol on results of auction, and also refusal or evasion of the winner of auction (the applicant for purchase) from the agreement signature concluded by results of auction and (or) cost recoveries on the organization and holding the auction the winner of auction (the applicant for purchase) pays penalty in the amount of ___________________ Belarusian rubles.";

1.2. in the resolution of the State committee on property of the Republic of Belarus of January 18, 2013 No. 5 "About document forms in case of sale of the real estate which is in state-owned property with establishment of starting price of the sale equal to one basic size":

to state subitem 2.1.4 of Item 2 of appendix 1 to this resolution in the following edition:

"2.1.4. inform the Attorney on availability of the bases for cancellation of results of auction or for cancellation of the decision on sale of subject of auction to the single participant of cancelled auction who expressed consent to acquisition of subject of auction for the starting price increased by 5 percent listed in paragraphs by third or pole of part one and paragraphs the second or fifth to the Provision Item 31 part two no later than 3 working days after emergence of such bases.";

in subitem 2.2 of Item 2 of appendix 2 to this resolution:

paragraph two add with words "(except for the applicant for purchase)";

in paragraphs four and the fifth "not conclusion" to replace the word with the word "not signing";

in subitem 2.2 of Item 2 of appendix 3 to this resolution:

paragraph two add with words "(except for the applicant for purchase)";

in paragraphs four and the fifth "not conclusion" to replace the word with the word "not signing";

in appendix 4 to this resolution:

subitem 5.1 of Item 5 to add with words "(except for the applicant for purchase)";

state Item 6 in the following edition:

"6. In the cases of cancellation of results of auction, cancellation of the decision on sale of real estate to the applicant for purchase in connection with default on obligations specified in Item 5 of this agreement, the deposit brought by the winner of auction (the applicant for purchase) does not return and transferred into the relevant budget.";

to state part one of Item 7 in the following edition:

"7. In case of refusal or evasion of the winner of auction from signing of the protocol on results of auction, and also refusal or evasion of the winner of auction (the applicant for purchase) from the agreement signature concluded by results of auction and (or) cost recoveries on the organization and holding the auction the winner of auction (the applicant for purchase) pays penalty in the amount of ___________________ Belarusian rubles.";

1.3. in the resolution of the State committee on property of the Republic of Belarus of August 5, 2013 No. 37 "About document forms when holding auctions (tenders) selling the separate objects which are in state-owned property":

to state subitem 2.1.4 of Item 2 of appendix 1 to this resolution in the following edition:

"2.1.4. inform the Attorney on availability of the bases for cancellation of results of the biddings or for cancellation of the decision on sale of subject of the biddings to the single participant of the cancelled biddings who expressed consent to acquisition of subject of the biddings at the initial price increased by 5 percent, the listed in paragraphs three and the fourth part one and paragraphs second and third the Provision Item 46 part two no later than 3 working days after emergence of such bases.";

in subitem 2.2 of Item 2 of appendix 2 to this resolution:

paragraph two add with words "(except for the applicant for purchase)";

in paragraph four to replace the word "not conclusions" with the word "not signings";

in subitem 2.2 of Item 2 of appendix 3 to this resolution:

paragraph two add with words "(except for the applicant for purchase)";

in paragraph four to replace the word "not conclusions" with the word "not signings";

in appendix 4 to this resolution:

in subitem 5.3 of Item 5 to replace the word "conclude" with the word "sign";

state Item 6 in the following edition:

"6. In cases of cancellation of results of the biddings, cancellations of the decision on sale of subject of the biddings, in connection with default on obligations, specified in Item 5 of this agreement, the deposit brought by the winning bidder (the single bidder) does not return and transferred into the relevant budget.";

add appendix with Item 6-1 of the following content:

"6-1. In case of refusal or evasion of the winning bidder from signing of the protocol on results of the biddings, and also refusal or evasion of the winning bidder (the single bidder) from the agreement signature concluded by results of the biddings and (or) cost recovery on the organization and tendering the winning bidder (the single bidder) pays penalty in the amount of ___________________ Belarusian rubles.";

in Item 8 of the word "subitem 6.2 of Item 6 and Item 7" shall be replaced with words "Items 6-1 and 7 of this agreement";

1.4. in the resolution of the State committee on property of the Republic of Belarus of August 30, 2013 No. 41 "About establishment of document forms":

state preamble in the following edition:

"Based on Item 6, of the paragraph of the tenth Item 9, of paragraph one of part one of Item 20 of the Regulations on procedure for the organization and holding auctions for sale of the objects which are in state-owned property without sale of the right of lease of the parcel of land necessary for construction and servicing of the alienable property approved by the resolution of Council of Ministers of the Republic of Belarus of January 13, 2023 No. 32, the State committee on property of the Republic of Belarus DECIDES:";

in paragraphs the second or fifth Item 1:

after the word "for" to add with words "constructions and";

to exclude words of "the conclusion of the agreement";

in appendix 1 to this resolution:

in the name:

after the word "for" to add with words "constructions and";

to exclude words of "the conclusion of the agreement";

in subitem 1.1 of Item 1 of the word "Regulations on procedure for the organization and holding auctions for sale of the objects which are in state-owned property, without sale of right to contract of lease of the parcel of land necessary for servicing of alienable property, the approved resolution of Council of Ministers of the Republic of Belarus of March 26, 2008 No. 462" shall be replaced with words "Regulations on procedure for the organization and holding auctions for sale of the objects which are in state-owned property, without sale of the right of lease of the parcel of land necessary for construction and servicing of alienable property, the approved resolution of Council of Ministers of the Republic of Belarus of January 13, 2023 No. 32";

to state subitems 2.1.3 and 2.1.4 of Item 2 in the following edition:

"2.1.3. give access to real estate to the interested citizens, legal entities and individual entrepreneurs of the Republic of Belarus, and also foreign investors (foreign states, associations, the international organizations, foreign legal entities, foreign citizens and stateless persons);

2.1.4. inform the Attorney on availability of the bases for cancellation of results of auction or for cancellation of the decision on sale of subject of auction to the single participant of cancelled auction who expressed consent to acquisition of subject of auction for the starting price increased by 5 percent listed in paragraphs by third or pole of part one and paragraphs the second or fifth to the Provision Item 32 part two no later than three working days after emergence of such bases.";

in appendix 2 to this resolution:

in the name:

after the word "for" to add with words "constructions and";

to exclude words of "the conclusion of the agreement";

in Item 1:

words", being under economic authority, operational management of the state legal entities or transferred to free use to the non-state legal entity, republican state public association)" to exclude;

after the word "for" to add with words "constructions and";

to exclude words of "the conclusion of the agreement";

in Item 2 of the word "Regulations on procedure for the organization and holding auctions for sale of the objects which are in state-owned property, without sale of right to contract of lease of the parcel of land necessary for servicing of alienable property, No. 462 approved by the resolution of Council of Ministers of the Republic of Belarus of March 26, 2008" shall be replaced with words "Regulations on procedure for the organization and holding auctions for sale of the objects which are in state-owned property, without sale of the right of lease of the parcel of land necessary for construction and servicing of alienable property, No. 32 approved by the resolution of Council of Ministers of the Republic of Belarus of January 13, 2023";

in subitem 4.3 of item 4 of figure "23" and "35" to replace respectively with figures "27" and "32";

state Item 6 in the following edition:

"6. In the cases of cancellation of results of auction, cancellation of the decision on sale of real estate to the applicant for purchase in connection with default on obligations specified in Item 5 of this agreement, the deposit brought by the winner of auction (the applicant for purchase) does not return and transferred into the relevant budgets (republican, local).";

to state part one of Item 7 in the following edition:

"7. In case of refusal or evasion of the winner of auction from signing of the protocol on results of auction, and also refusal or evasion of the winner of auction (the applicant for purchase) from the agreement signature concluded by results of auction and (or) cost recoveries on the organization and holding the auction the winner of auction (the applicant for purchase) pays penalty in the amount of ___________________ Belarusian rubles.";

in appendix 3 to this resolution:

in the name:

after the word "for" to add with words "constructions and";

to exclude words of "the conclusion of the agreement";

in Item 1:

words", being under economic authority, operational management of the state legal entities or transferred to free use to the non-state legal entity, republican state public association)" to exclude;

after the word "for" to add with words "constructions and";

to exclude words of "the conclusion of the agreement";

in appendix 4 to this resolution:

in the name:

after the word "for" to add with words "constructions and";

to exclude words of "the conclusion of the agreement";

in Item 1:

words", being under economic authority, operational management of the state legal entities or transferred to free use to the non-state legal entity, republican state public association)" to exclude;

after the word "for" to add with words "constructions and";

to exclude words of "the conclusion of the agreement";

1.5. in the resolution of the State committee on property of the Republic of Belarus of October 25, 2013 No. 54 "About document forms when carrying out the electronic biddings":

in Item 1:

in the paragraph the second to replace figure "2" with figure "1";

in paragraph three:

after the word "for" to add with words "constructions and";

to exclude words of "the conclusion of the agreement";

replace figure "3" with figure "2";

in signature stamp of appendix 2 to this resolution of the word "Appendix 2" shall be replaced with words "Appendix 1";

in appendix 3 to this resolution:

in signature stamp of appendix of the word "Appendix 3" shall be replaced with words "Appendix 2";

in the name:

to exclude words of "the conclusion of the agreement";

after the word "for" to add with words "constructions and";

to exclude from subitem 1.2 of Item 1 of the word of "the conclusion of the agreement".

2. This resolution becomes effective after its official publication.

Chairman

D. F. Matusevich

 

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