RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of July 12, 2013 No. 607

About entering of amendments and changes into some resolutions of Council of Ministers of the Republic of Belarus concerning holding auctions (tenders)

According to Item 2 of the Presidential decree of the Republic of Belarus of January 10, 2013 No. 14 "About modification and amendments in the Presidential decree of the Republic of Belarus of May 5, 2009 No. 232", and also for the purpose of enhancement of legal relationship in the field of holding auctions (tenders) the Council of Ministers of the Republic of Belarus DECIDES:

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

1.1. in Regulations on procedure for the organization and holding the auction on the right of carrying out reconstruction of the house in case of superstructure of premises of the increased comfort and (or) non-residential premises, No. 334 approved by the resolution of Council of Ministers of the Republic of Belarus of March 7, 2008 "About measures for implementation of the Presidential decree of the Republic of Belarus of December 18, 2007 No. 657" (The national register of legal acts of the Republic of Belarus, 2008, No. 58, 5/27281; 2009, No. 173, 5/30177):

add Item 8 with the paragraph the fifteenth the following content:

"signs with participants of auction the agreement on the rights, obligations and responsibility of the parties in the course of preparation and holding the auction (further - the agreement).";

in Item 9:

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

"establishes the size of the penalty paid by participants of auction according to part three of Item 15 of this provision and legal acts;";

to consider paragraphs of the fourth or seventh respectively paragraphs the fifth or eighth;

in Item 15:

to exclude parts one of the word "about the rights and obligations of the Parties in the course of preparation and holding the auction (further-the agreement on the rights and obligations of the Parties)" from the paragraph of the fourth;

after part two to add Item with part of the following content:

"The condition about deposit, and also the specific size of the penalty paid shall be provided in the agreement:

the winner of auction in the cases specified in paragraphs the third or fifth to Item part one 33 this provision;

the single participant of cancelled auction who expressed consent to acquisition of subject of auction for the starting price increased by 5 percent in case of its refusal (evasion) of cost recovery on the organization and holding the auction and (or) agreement signatures;

the participants of auction who refused to announce the price for auction subject therefore the auction is acknowledged not productive according to Item part six 24 this provision.";

the third and fourth to consider parts respectively parts four and heel;

to exclude from part one of Item 16 of the word "about the rights and obligations of the Parties";

in Item 19 of the word "not later than 3 days prior to carrying out" shall be replaced with words "not earlier than before 3 working days before date";

in Item 24:

the fifth to state part in the following edition:

"If two and more participants of auction agreed with the price announced by the auctioneer, but any of them did not agree with the following price announced by it, the auctioneer suggests participants of auction to announce the price which shall be above the final price with which participants of auction agreed. After the announcement the participant of auction of the price the auctioneer calls auction number of this participant and the price offered them. At the same time the price equal to the price offered by other participant of auction offered by the participant of auction is not accepted. Participants of auction announce the price until there is one participant who offered top price. The auctioneer calls auction number of this participant, the price three times offered them and in the absence of proposals of other participants of auction declares sale of subject of auction, and the participant of auction - the winner of auction for the corresponding subject of auction. If after the proposal of the auctioneer to participants of auction to announce the price only one of participants will announce the price, the auctioneer calls auction number of this participant, the price three times offered them and in the absence of proposals of other participants of auction declares sale of subject of auction, and the participant of auction - the winner of auction for the corresponding subject of auction. If any of participants of auction did not offer the price, the auction concerning the corresponding subject of auction is recognized not productive.";

add Item with part six of the following content:

"If two and more participants of auction agreed with the price announced by the auctioneer, but any of them did not agree with following declared him at the price of and after the proposal of the auctioneer to announce the price which shall be above the final price with which participants of auction agreed any of these participants did not offer the price therefore the auction is acknowledged not productive, these participants pay penalty according to the agreement.";

the second Item 29 after the word "not productive" to add part with the word", cancelled";

"cancelled" to add the name of Chapter 7 after the word with the word", not productive";

in Item 32:

state part one in the following edition:

"32. The auction for each exposed subject of auction is recognized cancelled about what the commission constitutes the protocol on recognition of auction cancelled if the application is submitted for participation in it only by one participant, or for participation in auction any application was not submitted, or on auction one of participants was, or any of participants was not on auction.";

the second after words "one participant" to add part with the words "or for participation in it only one participant was";

add Item with part four of the following content:

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