RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 3, 2023 No. 165

About measures for implementation of the Presidential decree of the Republic of Belarus of September 19, 2022 No. 330

In pursuance of Item 19 of the Presidential decree of the Republic of Belarus of September 19, 2022 "About the order property" the Council of Ministers of the Republic of Belarus DECIDES: No. 330

1. Make changes to resolutions of Council of Ministers of the Republic of Belarus according to appendix.

2. This resolution becomes effective in the following procedure:

the paragraph the fourth Item 7 and appendix Item 10 – since July 5, 2023;

paragraphs the fourth and fifth Item 4, paragraphs the fourth and fifth Item 5, paragraphs the fourteenth and fifteenth appendix Item 8 – since October 1, 2023;

other provisions of this resolution – since March 22, 2023.

Appendix

to the Resolution of Council of Ministers of the Republic of Belarus of March 3, 2023 No. 165

The list of the changes made to resolutions of Council of Ministers of the Republic of Belarus

1. In the resolution of Council of Ministers of the Republic of Belarus of March 11, 2010 No. 342 "About some measures for implementation of the Presidential decree of the Republic of Belarus of December 11, 2009 No. 622":

state the name in the following edition:

"About 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";

state preamble in the following edition:

"Based on Item 3 of the Presidential decree of the Republic of Belarus of May 5, 2009 No. 232 "About some questions of holding auctions (tenders)", Item 19 of the Presidential decree of the Republic of Belarus of September 19, 2022 "About the order property" the Council of Ministers of the Republic of Belarus DECIDES: No. 330";

in Regulations on the 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 this resolution:

state Item 1 in the following edition:

"1. This Provision establishes procedure for the organization and holding auctions for sale of capital structures (buildings, constructions), the incomplete preserved capital structures, the incomplete not preserved capital structures which are in state-owned property (further – real estate), with establishment of starting price of the sale equal to one basic size (further – auction).

Action of this provision does not extend to the relations selling being in state-owned property:

real estate at the electronic biddings;

the apartment houses and premises including which are not completed by construction;

real estate on which the decision on its alienation for the subsequent demolition without withdrawal and provision of the parcel of land is made;

the real estate withdrawn, arrested, confiscated, turned into the income of the state otherwise.";

exclude Item 5;

" (except as specified alienations of real estate for the subsequent demolition without withdrawal and provision of the parcel of land)" to exclude from paragraph one of Item 8 of the word;

in Item 9:

from word paragraph two", being under supervision of the State committee on property, its affiliated enterprises (further – the organizations for land management)" to exclude;

after the paragraph of the eleventh to add Item with the paragraph of the following content:

"makes the decision on cancellation of results of auction or on cancellation of the decision on sale of real estate to the applicant for purchase in the cases provided by this Provision;";

"order" to exclude the word from Item 10 part one;

to add Item 15 part one after the paragraph of the eleventh with the paragraph of the following content:

"information on opportunity on the statement of the buyer of provision of payment by installments of payment of real estate;";

in Item 25:

in part two of the word "the subject of auction is on sale" the decision on sale of subject of auction is made shall be replaced with words "the organizer of auction or the commission";

in part four to replace the word "conclusions" with the word "signings";

state Item 31 in the following edition:

"31. Results of auction for sale of specific real estate can be cancelled by the organizer of auction in cases if the winner of auction at the scheduled time:

did not sign the protocol on results of auction;

did not compensate costs for the organization and holding the auction;

did not sign the purchase and sale agreement of real estate;

did not sign the lease agreement of the parcel of land;

did not satisfy the conditions provided in the decision on withdrawal of the parcel of land and provision to the winner of auction or the single participant of cancelled auction who are subject to accomplishment to the request for state registration concerning the parcel of land.

According to the decision of the organizer of auction the decision on sale of real estate to the applicant for purchase in cases can be cancelled if it at the scheduled time:

did not compensate costs for the organization and holding the auction;

did not sign the purchase and sale agreement of real estate;

did not sign the lease agreement of the parcel of land;

did not satisfy the conditions provided in the decision on withdrawal of the parcel of land and provision to the winner of auction or the single participant of cancelled auction who are subject to accomplishment to the request for state registration concerning the parcel of land.

Information on availability of the bases listed in paragraphs by third or pole of part one and paragraphs the second or fifth to part two of this Item shall be provided to the organizer of auction by the seller specified in item 4 of this provision, local executive committee no later than 3 working days after emergence of such bases.

In cases of cancellation of results of auction, cancellation of the decision on sale of real estate to the applicant for purchase on the bases called in parts one and the second this Item, the deposit brought by the winner of auction (the applicant for purchase) does not return and transferred into the relevant budget. 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 the penalty specified in the agreement.";

in Item 36 to replace figure "2" with figures "10";

to add Item 37 after the word "conclude" with the word "such".

2. No. 503 "About measures for implementation of the Presidential decree of the Republic of Belarus of December 31, 2009 No. 674" to exclude Items 1 and 3 of the resolution of Council of Ministers of the Republic of Belarus of April 2, 2010.

3. In Regulations on the procedure for conducting examination of reliability of assessment approved by the resolution of Council of Ministers of the Republic of Belarus of February 10, 2011 No. 173:

the paragraph the fourth item 4 after the word "Item)," to add with words "the any kind of cost determined according to the legislation on estimative activities, in case of alienation on paid basis without tendering of the not used and inefficiently used property which is in property of the Republic of Belarus or administrative and territorial units (except for its estimated value),";

Item 23 part one in paragraph six:

replace the word "parking place" with the word "parking place";

after the word of "characteristics" to add the paragraph with words ", or the passport of not used object".

4. In Regulations on the procedure for carrying out the electronic biddings approved by the resolution of Council of Ministers of the Republic of Belarus of July 12, 2013 No. 608:

in item 4:

"state" to exclude the word from paragraphs of the fifth and sixth;

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

"state-owned property in insolvency proceedings or bankruptcy;";

the paragraph the fourth subitem 6.4 of Item 6 after the word "for" to add with words "constructions and";

in Item 12:

from the paragraph of the fifth word", and also" to exclude procedure and terms of its introduction;

after the paragraph eight add Item with the paragraph of the following content:

"submits the petition for forming of the parcel of land to the organization for land management;";

the fourth parts one of Item 19 to add the paragraph with words ", including its location";

in Item 20:

part two paragraph two after words "the site for" to add with words "constructions and";

in word part nine of "the next working day" shall be replaced with words "five working days";

in Item 38 part one:

the paragraph one to state in the following edition:

"38. According to the decision of the organizer of the electronic biddings results of the electronic biddings can be cancelled, and the decision on sale of subject of the electronic biddings to the applicant for purchase can be cancelled in cases if the winner of the electronic biddings (the applicant for purchase) in the time established by this Provision:";

in paragraph three "concluded" the word to replace with the word "signed";

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

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