RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of February 24, 2015 No. 128

About procedure and conditions of appointment, financing (transfer), the order and use of means of the family capital

Based on Item part four 4, Item parts two 6, Item 12, Item parts three 16, parts two of Item 17 and Item 34 of the Regulations on provision of the family capital approved by the Presidential decree of the Republic of Belarus of September 18, 2019 No. 345 (further respectively – No. Provision 345, the Decree No. 345), the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve Regulations on procedure and conditions of appointment, financings (transfer), orders and uses of means of the family capital (are attached).

2. To the Ministry of Labour and Social Protection, the Ministry of Architecture, the Ministry of Education and the Ministry of Health to adopt the regulatory legal acts regulating procedure for use of means of the family capital in the corresponding directions.

3. This resolution becomes effective after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of February 24, 2015 No. 128

Regulations on procedure and conditions of appointment, financing (transfer), order and use of means of the family capital

Chapter 1. General provisions

1. This Provision determines procedure and conditions of appointment, financing (transfer), the order and use of means of the family capital established by the Presidential decree of the Republic of Belarus of December 9, 2014 No. 572 "About additional measures of the state support of the families raising children" (further – the Decree No. 572) and the Decree No. 345.

2. For appointment, the order and use of means of the family capital, and also for making of other actions established by this Provision, citizens have the right to address personally or through the representatives by proxy, confirming their powers, according to Article 186 of the Civil code of the Republic of Belarus. At the same time for appointment and the order as means of the family capital the power of attorney which is drawn up in the Republic of Belarus is submitted.

Minor citizens, incapacitated or restrictedly capable full age citizens address through the legal representatives – parents, adoptive parents (adopters), guardians (custodians), other legal representatives recognized as those according to acts of the legislation or acts of the state bodies authorized on that or through representatives of these legal representatives.

2-1. Provided by citizens for appointment, the order and uses of means of the family capital originals of documents return to citizens. In personal records of citizens copies of the documents submitted by them which are verified with originals join and are certified of the procedure established by the legislation.

Chapter 2. Procedure for purpose of the family capital

3. The citizen having the right to purpose of the family capital according to No. Provision item 4 345, addresses in district, city (the cities of regional and district subordination) executive committee, local administration of the area in the city (further – district, city executive committee) according to registration at its place of residence (the place of stay) with the statement for purpose of the family capital in form according to appendix 1.

Together with the statement for purpose of the family capital the citizen submits the documents and (or) data provided in Item 2.46 of the list of the ministerial procedures performed by state bodies and other organizations for petitions from citizens, No. 200 approved by the Presidential decree of the Republic of Belarus of April 26, 2010 (further – the list).

4. For the purposes of purpose of the family capital the category of incomplete family is determined according to article 63 of the Code of the Republic of Belarus about scrap and family.

5. The district, city executive committee in the shortest possible time, but no later than five calendar days from the date of registration of a statement about purpose of the family capital requests the documents and (or) data provided in Item 50 of appendix to the resolution of Council of Ministers of the Republic of Belarus of September 18, 2020 No. 541 "About the documents requested when implementing ministerial procedures".

5-1. The right to purpose of the family capital is determined according to Items 3-5 of the Provision No. 345.

For provision of the right to purpose of the family capital in the family composition considered on birth date (adoptions, adoptions) third or the subsequent children, are considered:

mother (stepmother) and the father (stepfather) in complete family, the parent in incomplete family, the adoptive father (adopter), except as specified, specified in part three of item 4 of the Provision No. 345;

the children aged up to 18 years (including day of achievement of age by them 18 years) raised in family, including adopted (adopted) stepsons and stepdaughters.

Both parents (mother (stepmother), the father (stepfather) are considered in family composition, if on birth date (adoptions, adoptions) third or the subsequent children they consisted in the registered scrap and in case of observance of other conditions established by the Provision No. 345 and this Provision.

In case of annulment of marriage children are considered in family composition of the parent on which education they are on birth date (adoptions, adoptions) third or the subsequent children, according to the documents and (or) data specified in Item 5-2 of this provision. The children born out of scrap are considered in family composition of mother, except as specified, specified in No. Provision item 4 part three 345, and also cases when according to the court decree which became effective before birth date (adoption, adoption) third or the subsequent children, other is not established (about the place of residence of children, collection of the alimony for their content and other bases).

If children were considered in case of purpose of the family capital according to the Decree No. 572 or the Decree No. 345 in one family, in other family they are not considered.

The adopted (adopted) children who at the time of adoption (adoption) were not stepsons or stepdaughters of person who adopted (adopted) them are considered in family composition of adoptive parents (adopters) regardless of the fact that they were considered as a part of other family in case of purpose of the family capital before their adoption (adoption).

For provision of the right to purpose of the family capital in the family composition considered on birth date (adoptions, adoptions) third or the subsequent children, children are not considered:

concerning which parents (the single parent) are deprived of the parent rights;

over which guardianship (guardianship) is established;

selected from family by a court decision;

which parents (parent) refused;

concerning which adoption (adoption) is cancelled;

the dead, acknowledged it is unknown absent, declared the dead.

5-2. Treat documents and (or) data based on which children are considered in family composition of one of parents:

The agreement on children, the copy of the judgment on annulment of marriage (the statement from the decision), the Marriage agreement, determining the parent with whom child(children) lives;

the copy of the judgment about deprivation of the parent rights of the second parent or about confiscation of the child without deprivation of the parent rights;

the copy of the court decree about collection of the alimony, the Agreement on content of the minors and (or) the disabled full age children needing the help;

the reference containing data from the birth statement if record about the father in the birth statement of the child is made based on the statement of mother who is not married according to article 55 of the Code of the Republic of Belarus about scrap and family;

the affiliation certificate and (or) the reference containing data from the birth statement (in cases when paternity is established based on the joint statement of the father and the child's mother on registration of the paternity proof given to the bodies registering acts of civil status, or the judgments about paternity proof), or the copy of the judgment about paternity proof – for mothers who gave birth to children out of scrap in case of paternity proof;

the copy of the judgment about recognition of the second parent the death certificate of the second parent and (or) the copy of the judgment about the announcement by his dead is unknown absent;

data of organizations of education, and also other organizations realizing the educational program of preschool education on education of the student in family of one of parents and (or) the data of state bodies, other organizations about accommodation of the child in family of one of parents (including the act of inspection of the family raising children aged up to 18 years, constituted for certification of large family) – if the place of residence of children with one of parents is documentary not determined and the alimony for content of children is not established.

5-3. The bases for decision making about refusal in purpose of the family capital are:

lack of the right to its appointment;

the expiration of 18 years since the birth of (adoptions, adoptions) third or the subsequent children;

cases, the stipulated in Article 25 Laws of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures".

5-4. In case of the request for purpose of the family capital in connection with the birth (adoption, adoption) of the fourth or the subsequent children in case of simultaneous availability of the right to purpose of the family capital in connection with the birth (adoption, adoption) of third or the subsequent children the family capital is appointed in the amount of, provided in connection with the birth (adoption, adoption) of one of these children at the choice of family.

6. The decision on appointment (refusal in appointment) the family capital is made in form according to appendix 2.

The citizen who submitted the application for purpose of the family capital is notified on the made decision no later than five working days from the date of its acceptance. For this purpose to the citizen the notice on the made decision goes, and the copy of the decision (the statement from the decision) is issued in case of the address of the citizen.

The copy of the decision (the statement from the decision) about appointment (refusal in appointment) the family capital is issued to other family members according to their requirement.

7. Changes if the citizen to whom the family capital is appointed did not open the account on accounting of bank deposit (deposit) "Family capital" of physical person (further – contribution (deposit) "Family capital") in connection with approach of the circumstances specified in part two of Item 12 of this provision and also in case of error correction in such decisions can be made to the decision on purpose of the family capital.

In case of establishment of illegal decision making rural, settlement, district, city executive committees within five working days make the decision on cancellation on purpose of the family capital (cancellation, recognition by invalid) decisions on purpose of the family capital.

Copies of decisions (the statement from decisions) about modification of the decision on purpose of the family capital, about cancellation (cancellation, recognition by invalid) decisions on purpose of the family capital no later than ten working days from the date of adoption of the relevant decisions, except as specified, specified in parts four and heel of this Item go to citizens and to open joint stock company "Belarusbank savings bank (further – JSC ASB Belarusbank) for return of the means of the family capital enlisted into the account on accounting of contribution (deposit) "Family capital" or for their additional transfer (with indication of the amount which is subject to return or additional transfer).

The decisions specified are issued or go to citizens no later than three working days from the date of their acceptance to the parts two of this Item accepted according to administrative claims and go to JSC ASB Belarusbank in time and for the purposes specified in part three of this Item.

Decisions (statements from decisions) about modification of the decision on purpose of the family capital are issued or go to citizens no later than five working days from the date of their acceptance and go to JSC ASB Belarusbank in time and for the purposes specified in part three of this Item.

7-1. JSC ASB Belarusbank according to decisions of rural, settlement, district, city executive committees on modification of the decision on purpose of the family capital, on cancellation (cancellation, recognition by invalid) decisions on purpose of the family capital:

sends to the Ministry of Labour and Social Protection the request for money transfer from the republican budget in JSC ASB Belarusbank for additional transfer in deposits (deposits) "Family capital" of the amounts of the family capital no later than ten working days from the date of receipt of the copy of the decision (the statement from the decision) about modification of the decision on purpose of the family capital attracting additional transfer of means of the family capital. Money transfer of the family capital into the account of JSC ASB Belarusbank and their transfer in deposits (deposits) "Family capital" are performed in the terms specified in parts four and heel of Item 10 of this provision;

returns in the republican budget unreasonably appointed amounts of means of the family capital taking into account the added percent for the period of the actual storage of means of the family capital on the account on accounting of contribution (deposit) "Family capital" to the terms specified in Items 37 and 38 of this provision.

8. No. 364 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 23.05.2024

Chapter 3. Procedure for financing (transfer) for means of the family capital

9. The citizen to whom the family capital is appointed addresses to the division of JSC ASB Belarusbank performing transactions on deposits (deposits) "Family capital" with the statement for opening of the account on accounting of contribution (deposit) "Family capital".

The application form about opening of the account on accounting of contribution (deposit) "Family capital" and the list of the divisions performing transactions on deposits (deposits) "Family capital" are determined by JSC ASB Belarusbank. The list of the specified divisions is posted on the official site of JSC ASB Belarusbank.

Together with the statement for opening of the account on accounting of contribution (deposit) "Family capital" by the citizen are represented:

identity document;

the copy of the decision (the statement from the decision) about purpose of the family capital;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info