PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of April 6, 2017 No. 109

About change of presidential decrees of the Republic of Belarus concerning leasing activities

For the purpose of enhancement of state regulation of leasing activities, and also creating favorable conditions for receipt of premises by physical persons on the terms of finance lease (leasing) I decide:

1. Make changes to the following presidential decrees of the Republic of Belarus:

1.1. in the Regulations on registration of citizens at the place of residence and the place of stay approved by the Presidential decree of the Republic of Belarus of September 7, 2007 No. 413 "About enhancement of system of accounting of citizens at the place of residence and the place of stay":

in subitem 4.2 of item 4:

after the paragraph of the fifth to add the subitem with the paragraph of the following content:

"the agreement of finance lease (leasing), leasing subject of which is the apartment of private housing stock in the apartment or blocked apartment house and (or) the single-family apartment house of private housing stock (further - the agreement of leasing of premises), - for registration of the citizen at the place of residence or the place of stay in the premises which are in its ownership and use under the agreement of leasing of premises;";

the sixth or twelfth to consider paragraphs respectively paragraphs the seventh or thirteenth;

in Item 7-1:

the twelfth after the word of "employers" to add part with the word", leasing recipients";

add Item with parts fourteen and the fifteenth the following content:

"Registration of the spouse (spouse), parents and children of the leasing recipient at the place of residence or the place of stay in the premises which are leasing subject of the agreement of leasing of premises, the right of possession and use of which is provided by this leasing recipient according to the procedure, established by the legislation, is performed from written consent of such leasing recipient and without the consent of the lessor, the full age members of the family of the leasing recipient living together with it.

Brothers and sisters, the grandfather, the grandma and grandsons, and also other relatives, cousins-in-laws and disabled dependents of the leasing recipient who signed the written agreement with him about the recognition by the family member to which the right of possession and use of premises is provided by this leasing recipient according to the procedure established by the legislation are registered at the place of residence in the premises which are leasing subject of the agreement of leasing of premises from the written consent of such leasing recipient and all full age members of his family living together with it and without the consent of the lessor.";

1.2. in Regulations on accounting of the citizens needing improvement of housing conditions and on the procedure for provision of premises of the state housing stock approved by the Presidential decree of the Republic of Belarus of December 16, 2013 No. 563 "About some questions of legal regulation of the housing relations":

to add subitem 3.1.5 of Item 3 with words ", to the agreement of finance lease (leasing), leasing subject of which is the apartment of private housing stock in the apartment or blocked apartment house and (or) the single-family apartment house of private housing stock (further - the agreement of leasing of premises)";

subitem 4.7 of item 4 after words of "the employment contract of premises", to "the employment contract of premises" to add respectively with words ", agreements of leasing of premises", ", to the agreement of leasing of premises";

to add subitem 13.9 of Item 13 with words ", the agreement of leasing of premises - in case of acceptance of citizens on accounting of the housing conditions needing improvement on the basis provided in subitem 3.1.5 of Item 3 this provision";

to "the employment contract of premises" to add subitem 32.10 of Item 32 after words with words ", to the agreement of leasing of premises";

1.3. in the Presidential decree of the Republic of Belarus of February 25, 2014 No. 99 "About questions of regulation of leasing activities":

in Item 1:

in subitem 1.3:

after paragraph two to add the subitem with paragraphs of the following content:

"the agreement of leasing of premises - the agreement of finance lease (leasing), leasing subject of which is the apartment of private housing stock in the apartment or blocked apartment house (further - the apartment) and (or) the single-family apartment house of private housing stock (further - the single-family apartment house). At the same time other immovable things connected with the apartment and (or) the single-family apartment house general purpose (accessory) can enter set of the things which are leasing subject of the agreement of leasing of premises if other is not established by the Civil code of the Republic of Belarus and other legal acts;

leasing activities with premises - the leasing activities providing acquisition by the lessor in property and provision for a fee in temporary ownership and use to the leasing recipient of the apartment and (or) single-family apartment house;";

the third and fourth to consider paragraphs respectively paragraphs the fifth and sixth;

add the subitem with parts of the second or fourth of the following content:

"The terms "apartment", "apartment house", "apartment apartment house", "the blocked apartment house", "single-family apartment house" have the values determined in article 1 of the Housing code of the Republic of Belarus.

The term "equity" matters, determined by the paragraph the twentieth article 1 of the Law of the Republic of Belarus of July 12, 2013 "About financial accounting and the reporting".

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