PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of October 23, 2009 No. 518

About some questions of lease and free use by property

For the purpose of increase in efficiency of use of the property which is in state-owned property, enhancement of procedure for determination of the amount of the rent when leasing the property which is in the state-owned and private property:

1. Determine that:

the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus the National Bank, Administration of the President of the Republic of Belarus, other state bodies and other state organizations subordinated to the President of the Republic of Belarus the Prosecutor General's Office provide transfer in the republican budget of payment for right to contract of lease of capital structures (buildings, constructions), the isolated rooms, their parts (further - real estate) which are in the republican property received in case of holding the auction selling right to contract of lease (further - payment), and the means received from leasing of this property and which remained after deduction of the amounts of the depreciation charges, tax payment, charges and other obligatory payments in republican and local budgets including in state target budget, and also in state non-budgetary funds, and when leasing trade places in the markets and shopping facilities in shopping centers in addition after deduction of the expenses connected with content and functioning of these trade places, except for expenses on fee on water supply, the sewerage, heating power - and to gas supply, use of elevators, export and neutralization of municipal solid waste (further - means) if other is not provided by legal acts;

the republican unitary enterprises and organizations, administrations of free economic zones, other organizations which transfers to the economic jurisdiction or operational management the real estate which is in republican property the joint-stock companies created in the course of privatization of state-owned property republican state public associations to which the specified property is transferred to free use provide transfer in the republican budget of payment and 50 percent of means if other is not provided by legal acts. The Valoobrazuyushchy organizations of real production sector * the Republic of Belarus which list affirms Council of Ministers of the Republic of Belarus provide transfer in the republican budget of payment and 20 percent of means if other is not provided by legal acts;

in case of the leasing of real estate, the equipment and vehicles which are in state-owned property of the real estate which is in property of economic societies concerning which the Republic of Belarus or administrative and territorial unit, having shares (shares in authorized funds), can determine the decisions made by these economic societies and also when leasing to legal entities and individual entrepreneurs of trade places in the markets and shopping facilities in shopping centers the amount of the rent is determined on the conditions provided by this Decree;

preparation and holding auctions for sale of the right of the conclusion of lease agreements of the real estate which is in republican property and operational management of state-financed organizations ** are performed at the expense of the means formed from excess of the income over expenses, the organizations being at the command from the activities which are bringing in incomes, and in case of their absence - at the expense of means of the republican budget. These expenses are refunded by the winner of auction;

the property can be transferred to the sublease only with the consent of the lessor and on the conditions provided in the lease agreement;

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* For the purposes of this Decree the commercial organizations behind which the Council of Ministers of the Republic of Belarus establishes special control on accomplishment of the main target indicators of the forecast of social and economic development of the Republic of Belarus for the next year treat the valoobrazuyushchy organizations of real production sector.

** For the purposes of this Decree the term "state-financed organization" is used in the value determined in Article 2 of the Budget code of the Republic of Belarus.

the payment and means specified in paragraphs second and third this Item are listed in the income of the republican budget no later than the 22nd following for reporting;

failure to pay or incomplete payment in the republican budget of payment and the means specified in paragraphs second and third this Item attracts the responsibility provided by the Code of the Republic of Belarus about administrative offenses for violation of the law in case of the order state-owned property;

control of transfer in the republican budget of payment and means is performed by heads of the state bodies and other organizations called in paragraphs second and third this Item;

the real estate which is in state-owned property and also in property of economic societies concerning which the Republic of Belarus or administrative and territorial unit, having shares (shares in authorized funds), can determine the decisions made by these economic societies is provided in free use to legal entities and individual entrepreneurs according to appendix 1 to this Decree;

legal entities and individual entrepreneurs (except for the legal entities and individual entrepreneurs organizing food of pupils in the educational institutions and organizations providing vocational training) to whom the real estate which is in state-owned property in property of economic societies concerning which the Republic of Belarus or administrative and territorial unit, having shares (shares in authorized funds), can determine the decisions made by these economic societies is transferred to free use, shall compensate to loaner the depreciation charges (if the specified assignments are made), the land tax or the rent for the parcel of land, the real estate tax, the corresponding operating expenses, capital and running repair of this real estate, utilities costs, including heating, the consumed electric power or to incur these expenses independently if other is not established by the President of the Republic of Belarus;

the depreciation charges and expenses on capital repairs are not refunded by loan recipients - state-financed organizations in case of free use by the real estate which is in operational management of other state-financed organizations;

the corresponding operating expenses, running repair of real estate, utilities costs, including heating, the consumed electric power, are not compensated by loan recipients - state-financed organizations of health care, education, physical culture and sport, culture, social protection *** in case of free use by the real estate which is in operational management of other state-financed organizations for ensuring the activities financed from the budget.

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