RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS AND NATIONAL BANK OF THE REPUBLIC OF BELARUS

of June 7, 2013 No. 469/10

About approval of the Regulations on procedure for carrying out control measurements of amounts of the performed installation and construction works and the made costs in case of construction (reconstruction) of objects with attraction of the credits of banks

In pursuance of subitem 4.1 of item 4 of the Presidential decree of the Republic of Belarus of March 4, 2013 "About carrying out control measurements" the Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus DECIDE No. 107:

1. Approve the enclosed Regulations on procedure for carrying out control measurements of amounts of the performed installation and construction works and the made costs in case of construction (reconstruction) of objects with attraction of the credits of banks.

2. This resolution becomes effective after its official publication and extends the action to control measurements, notices on which carrying out are directed after official publication of this resolution.

Approved by the Resolution of Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus of June 7, 2013 No. 469/10

Regulations on procedure for carrying out control measurements of amounts of the performed construction works and the made costs in case of construction (reconstruction) of objects with attraction of the credits of banks

Chapter 1 General provisions

1. This Provision developed according to the Presidential decree of the Republic of Belarus of March 4, 2013 No. 107 "About carrying out control measurements" (The national legal Internet portal of the Republic of Belarus, 06.03. 2013, 1/14120), the procedure for carrying out by open joint stock companies "Savings bank "Belarusbank", "Belagroprombank", "Development Bank of the Republic of Belarus" (further - the checking banks) control measurements of amounts of the performed installation and construction works and the made costs is determined in case of construction (reconstruction) of objects with attraction of the loans granted to legal entities on construction (reconstruction) of the real estate objects on favorable terms determined according to decisions of the President of the Republic of Belarus or in accordance with the established procedure the Government of the Republic of Belarus under guarantees of the Government of the Republic of Belarus, local executive and administrative organs, which repayment, interest payment and (or) compensation of losses of banks on which are performed by budget funds, including the state trust budget funds, state non-budgetary funds, and (or) the credits the real estate objects provided to legal entities on construction (reconstruction) on the projects included in the programs approved by the President of the Republic of Belarus and (or) the Government of the Republic of Belarus, to other projects according to the decision of the President of the Republic of Belarus and (or) the Government of the Republic of Belarus (further - the credits).

2. For the purposes of this provision the following terms and their determinations are applied:

bank customer - the bank which signed with the checking bank the services agreement on carrying out control measurements;

the customer - the legal entity who obtained the credit;

control measurements of amounts of the performed installation and construction works and the made costs in case of construction (reconstruction) of the objects (further - control measurements) - method of control (supervision) by comparison of amounts and (or) costs of actually performed installation and construction works, stages (complexes) of installation and construction works and the made costs with amounts and (or) cost of installation and construction works, stages (complexes) of installation and construction works and the costs reflected in the project documentation, construction contracts and documents (paid or shown for payment) which are the basis for receipt of money;

materials of control measurements - the acts of control measurements or the reference of check, the explanatory note, the sheet of cost of the checked amounts of the performed installation and construction works, the performed costs and the amount of the overestimate established when carrying out control measurements, the sheet of recalculation of cost of the performed installation and construction works, the performed costs constituted by results of control measurements and signed by authorized representatives of participants of control measurements;

the contractor - legal entity or physical person, including the individual entrepreneur who is carrying out construction, special work types under the construction contract with the customer;

the designer - legal entity or physical person, including the individual entrepreneur who developed the project documentation on object construction (reconstruction) of which is performed with attraction of the credit (further - object);

participants of control measurements - the customer, the contractor, the designer, the engineer (the engineering organization) whose representatives participate in carrying out control measurements also sign the documents constituted by their results;

the authorized officer of the checking bank - the official of the checking bank, authorized to make the decision on carrying out control measurements, their suspension (renewal) or prolongation, and also to make the decision by results of control measurements.

Chapter 2 Preparation for carrying out control measurements

3. Planning of carrying out control measurements is performed by the checking banks independently. For control measurements in first-priority procedure objects are chosen:

subject to commissioning in the planned period;

with specific weight of the credits in total amount of financing of construction (reconstruction) of object at least 70 percent.

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