Concessional loan Decree 13. On some issues of providing citizens with state support in the construction (reconstruction) or acquisition of residential premises
Concessional lending is regulated in accordance with the Decree of the President The Republic of Belarus dated 01/06/2012 No. 13 "On some issues of providing citizens state support during the construction (reconstruction) or acquisition living quarters"(hereinafter - Decree No. 13).
Large families:
Question:We are a large family (5 people), we were sent to the construction three-room apartment with a total area of 92.8 sq.m, what kind of government assistance can we count on?
Answer: For one member of a large family, 20 sq.m. =100 sq.m., while the conditions for lending to a large family at 1% for 40 years ***, with the repayment by the state of 75% of the amount of payments (clause 1.12 clause 1 of Decree No. 13).
Question: And if we own a one-room apartment with a total area of 37.2 sq.m?
Answer: In such cases, the size of the soft loan is reduced (clause 1.6, clause 1 of Decree No. 13) by 37.2 sq.m and will amount to 62.8 sq.m (100-37.2=62.8 sq.m).
Question: Does this mean that the soft loan will not cover the entire cost of the apartment under construction?
Answer: Yes, for "extra meters" conditions concessional lending do not apply and you can use a loan for citizens in need of improvement living conditions at the expense of the bank's resources, or pay off the balance with their own funds.
Question: Is there any way to get rid of our one-room apartment so that it is not taken into account in preferential lending, for example, rewrite it to my mother?
Answer: In the case of donating an apartment within 3 years, the total area of the donated apartment will still be taken into account when calculating the soft loan.
Question: What if we want to sell it?
Answer: In the event of its sale, in addition to the fact that the total area of the sold apartment will be taken into account when calculating a preferential loan for 3 years, one should take into account the fact that the proceeds from this sale cash are not included in the family income for calculating the average monthly total income for each of its members, giving the right to receive a preferential loan, provided that these funds are directed to the construction (reconstruction) or purchase of residential premises (i.e. in the event that these funds are not directed to the construction of an apartment , when calculating the average monthly total income for each of its members, the criterion of low income may be violated, and there may be no grounds for obtaining a soft loan).
Citizens who have lived in dormitories under lease / sub-lease agreements for 10 years and do not own residential premises (shares in ownership of residential premises) on the territory of the Republic of Belarus:
Question: We have been registered with those in need since December 1988 and we were sent to build a three-room apartment with a total area of 76. years, we do not own residential premises on the territory of the Republic of Belarus, what preferential loan do we apply for?
Answer: 15 sq.m x 4 pers. = 60 sq. m*, at an interest rate of 20% of the refinancing rate of the National Bank, effective on the date of approval of lists for preferential lending, but not less than 5%(refinancing rate of the National Bank in June 2013 - 20%), i.е. 20% *20% = 5% per annum for 20 years***.
Question: So we will have to pay off 16.4 sq.m with our own funds ?
Answer: Yes.
Question: We have been registered with those in need since 1988 and we were sent to build a two-room apartment with a total area of 61.6 sq. M. The family consists of 3 people (himself, wife, mother), we have been living in a hostel for more than 10 years, we do not own residential premises on the territory of the Republic Belarus, what preferential loan are we applying for?
Answer: According to clause 5 of Decree No. 13, your mother is not a member of the borrower's family**, therefore, when calculating a soft loan, we will take into account 2 people (himself, wife). 15 sq.m x 2 people =30 sq.m*, at an interest rate of 20% of the refinancing rate of the National Bank, effective on the date of approval of lists for preferential lending, but at least 5%(refinancing rate of the National Bank in June 2013 - 23.5%), i.е. 20% *20% = 5% per annum for 20 years***.
Question: I have been registered with the needy since 1987 and have been living in a hostel for more than 10 years, I do not own residential premises (shares in the right of ownership). I was sent to build a one-room apartment in the ZhSPK, what kind of loan can I get?
Answer: during the construction of a one-room apartment by one person, the size of the preferentially credited area will be 30 sq.m*, on the terms of 5% for 20 years***.
Young families with two minor children as of the date of approval of the lists for receiving preferential loans:
Question: We are a young family with 2 minor children, registered as needy since 1991 and independently concluded an agreement shared construction, can we get a loan for housing construction?
Answer: No, it's not your turn today. According to subparagraphs 1.9, paragraph 1 of Decree No. 13, preferential loans are provided in order of priority, i.e. depending on the date of registration.
For information: today, according to the general queue, citizens who were registered in 1988-1989 are sent for construction and have the right to receive a preferential loan.
Question: We are a young family with 2 minor children and registered as needy since 1988. We were sent to build a two-room apartment, how will the size of the soft loan be affected by the fact that we live with our parents in a two-room apartment that belongs to them by right of ownership?
Answer: No way. private apartment your parents will not be taken into account when calculating the preferential loan, because, according to paragraph 5 of Decree No. 13, they do not belong to either the members of the young family or the family members of the borrower**. Therefore, the size of the preferential loan will be 60 sq. m* (15 sq. m x 4 people) at an interest rate of 50% of the refinancing rate of the National Bank in force on the date of approval of the lists for preferential lending, but not less than 5% (the refinancing rate of the National bank in June 2013), i.e. 20% *50% = 10% per annum for 20 years***.
Alienation of residential premises built with the attraction of a preferential loan (regulated in accordance with subparagraph 1.18 of paragraph 1 of Decree No. 13):
Question: We have built an apartment with a preferential loan and repaid the loan in full, in what cases can we sell it?
Answer: within five years from the date of repayment of the preferential loan, the alienation can be carried out by the relevant district, city executive and administrative body, local administration in the manner prescribed by law.
If the local administration refuses to buy this apartment, its alienation is carried out with the permission of this local administration in exceptional cases (moving to another locality, divorce, death of the homeowner, etc.), or in case of improvement of housing conditions by the homeowner, by building , renovation or acquisition of a dwelling.
* Subparagraph 1.5 of paragraph 1 of Decree No. 13:
standards total area housing under construction (reconstruction) to determine the amount of preferential credit are established in the amount of 20 square meters. meters (in Minsk - 15 sq. meters, and for large families- 20 sq. meters) per family member (during the construction of a one-room apartment for one person, a one-apartment residential building - 30 square meters), and for citizens permanently residing and working in rural settlements and building (reconstructing) single-apartment or block-built residential buildings in them - 30 sq. meters (during the construction for one person of a single-apartment residential building or a one-room apartment in a blocked residential building - 44 square meters).
For Heroes of Belarus, Heroes of the Soviet Union, Heroes of Socialist Labor, full holders of the Orders of Glory, Labor Glory, as well as citizens who, in accordance with the law, have the right to additional area residential premises for health reasons, the specified standards for the total area of \u200b\u200bresidential premises are increased by 15 square meters. meters for each family member entitled to additional living space for the listed reasons.
** Clause 5 of Decree No. 13 establishes the following terms and their definitions:
normalized size of the total area of a dwelling - the total area of a dwelling taken into account when determining the amount of a preferential loan during the construction (reconstruction) or acquisition of a dwelling, which is determined taking into account the standards for the total area of a residential building under construction (reconstruction) established in subparagraph 1.5 of paragraph 1 of Decree No. 13 premises and the total area of residential premises owned (owned) by the borrower and (or) members of his family (including the total area of residential premises attributable to shares owned (owned) by the citizen and (or) members of his family in the right of common ownership to residential premises) located in settlements of the Republic of Belarus;
family members of the borrower - spouse, minor children, children under the age of 23 who are not married and live together with their parents, including those receiving vocational, secondary specialized, higher, postgraduate education in the full-time form of education or mastering the content of educational programs for preparing people for admission to educational institutions of the Republic of Belarus in full-time education in other localities or undergoing urgent military service by conscription, who, in accordance with the law, retain the right to use the living quarters occupied by their parents.
*** subparagraph 1.4 of paragraph 1 of Decree No. 13:
concessional loans for the construction (reconstruction) or purchase of residential premises are provided by open joint stock company "Savings bank Belarusbank.
The maximum amount of a concessional loan for the construction (reconstruction) of a dwelling is determined by the normalized size of the total area of the dwelling, determined in accordance with subparagraph 1.6 of paragraph 1 of Decree No. 13, taking into account the standards for the total area of the housing under construction (reconstruction) established in subparagraph 1.5 of paragraph 1 of the Decree No. 13, and in terms of the cost of construction of 1 sq. meters of the total area of residential premises of typical consumer qualities for the corresponding type of residential buildings, approved by local executive and administrative bodies, and should not exceed 90 percent (for large families - 100 percent) of the construction cost of the normalized size of the total area of residential premises of typical consumer qualities.
The maximum period for which preferential loans are granted should not exceed 20 years (for large families - 40 years).
Interest for the use of these loans during the period of their repayment is set in the following amounts:
for large families - 1 percent per annum;
for citizens permanently residing and working in settlements with a population of up to 20 thousand people - in the amount of 10 percent of the refinancing rate of the National Bank, effective on the date of approval of the lists for receiving preferential loans, but not less than 3 percent per annum;
for other categories of citizens specified in paragraphs three - sixteen of part one of subparagraph 1.1 of paragraph 1 of Decree No. 13 - in the amount of 20 percent of the refinancing rate of the National Bank in force on the date of approval of the lists for receiving preferential loans, but not less than 5 percent per annum;
for young families with two minor children who do not belong to the categories of citizens specified in paragraphs three - sixteen of part one of subparagraph 1.1 of paragraph 1 of Decree No. 13 - in the amount of 50 percent of the refinancing rate of the National Bank in force on the date of approval of the lists for receiving preferential loans but not less than 5 percent per annum.
The main questions received by the Ministry of Construction and Architecture regarding the implementation of Decree of the President of the Republic of Belarus dated July 4, 2017 No. 240 "On state support of citizens in the construction (reconstruction) of residential premises" (hereinafter - Decree No. 240)
1 question. Is it possible to receive a subsidy under Decree No. 240 for the repayment of interest and principal on a commercial loan received for the purchase of residential premises?
Answer. According to this Decree, subsidies are provided only for contracts on commercial loans received for the construction and reconstruction of residential premises.
Answer. Subsidies for the repayment of interest and principal on a commercial loan are provided to a category of citizens established by Decree of the President of the Republic of Belarus dated January 6, 2012 No. 13 "On Certain Issues of Providing State Support to Citizens in the Construction (Reconstruction) or Acquisition of Residential Premises" (hereinafter - Decree No. 13) subject to subparagraphs 1.8. and 1.10. Decree No. 240.
3. Question. Will Decree No. 13 be retained?
Answer. Decree No. 13 will continue to be fully effective for citizens who have already received preferential loans to repay the obligations assumed by Belarusbank and within the funds allocated for its implementation. New agreements under Decree No. 13 will be concluded only if there are available funds for this. The amount of funds for additional lending under Decree No. 13 will decrease every year, and from 2018, support will practically be carried out only on the terms of Decree No. 240.
4. Question. What should a citizen do to receive a subsidy to repay a commercial loan received for housing construction?
Answer. In order to receive a subsidy, citizens in the order of their state on the register who need to improve their living conditions are invited to the executive committee at the place of state on the housing register and offer the construction of a dwelling in concrete house. With the consent of a citizen for construction under Decree No. 240, he submits an application to the executive committee. The Executive Committee decides to provide a subsidy, with which a citizen applies to any bank operating under Decree No. 240, where, on the terms of the bank, loan agreement and he is presented to the executive committee that decided on the subsidy. After that, the subsidy is paid.
5.Question. Under what conditions do banks provide commercial loans against the payment of subsidies?
Answer. Banks provide commercial loans for the construction (reconstruction) of housing on their own terms applicable in each of them: loan term, loan amount, taking into account the solvency of the citizen, interest on the loan, loan amount depending on the cost of housing, etc.
At the same time, please note that the amount of the subsidy is included in the solvency of the citizen when calculating the loan amount.
6. Question. How can I repay a commercial loan received in 2016 with a subsidy under Decree No. 240?
Answer. Such a loan cannot be subsidized under Decree No. 240, since subsidies under the Decree will be provided only for commercial loans received on the basis of decisions of the executive committees adopted under the Decree No. 240 procedure.
7. Question. Am I eligible for a subsidy under Decree No. 240 if I have already received a preferential loan under Decree No. 13?
Answer. Decree No. 240, as well as Decree No. 13, lays down the principle of one-time receipt of state support for improving housing conditions. If a family received state support in the form of a preferential loan from JSC "JSSB Belarusbank" or a loan on the terms of compensation of 50% of the refinancing rate of the National Bank, then in this case it does not have the right to subsidize a commercial loan under Decree No. 240. Only large families have a second right to state support if the need to improve housing conditions arises in connection with the birth (adoption, adoption) of children.
8. Question. How will the family receive the subsidy? Can I get it in cash and manage it myself?
Answer. The subsidy is provided in non-cash form and is sent to the bank that issued the commercial loan to pay off part of the interest or principal debt for the citizen.
9. Question. How will it be determined what kind of state support will be allocated to a citizen - under Decree No. 13 or under Decree No. 240?
Answer. A citizen is given the right to choose the conditions for receiving state support, which will be provided in the amount of funds allocated for these purposes in the relevant district, city. If the funds under Decree No. 13 are fully used, then the family will be offered to receive state support under Decree No. 240.
10. Question. Which of the young and large families can receive financial assistance to repay commercial loans to improve housing conditions under Decree No. 585 in connection with the entry into force of Decree No. 240?
Answer. In accordance with Decree No. 240, Decree No. 585 ceases to be valid from 08/06/2017. Large families and young families who have taken out commercial loans to improve their living conditions and submitted to the executive committees a package of documents established by Decree No. help to pay off loans. All decisions made earlier on the provision of financial assistance under Decree No. 585 will be implemented.
The Ministry of Architecture and Construction responded to the collective appeal of members of the Minsk HCPC regarding presidential decree No. 13 "On some issues of providing state support to citizens in the construction (reconstruction) or acquisition of residential premises." Citizens turned to Alexander Lukashenko with a request to review certain provisions of the document. Namely: to return state support to those who, at the time of signing Decree No. 13, were approved in the lists for preferential lending, but did not have time to conclude an agreement with Belarusbank. The answer to this request came signed by the First Deputy Minister of Architecture and Construction Irina Arkhipova.
He dispelled the hopes of those who expected to receive a loan on the same terms.
"Decree No. 13 entered into force on January 17, 2012 (after its official publication). At the same time, the earlier Decree No. 185 dated April 14, 2000 "On providing citizens with preferential loans and one-time subsidies for the construction (reconstruction) or purchase of residential premises" was declared invalid The procedure and conditions for granting preferential loans to citizens are provided for by Decree No. 13, - says in the answer, photos of which are posted on the semeistvo.by forum. “Thus, at present, there are no grounds for concluding loan agreements with citizens (including those included by local executive and administrative bodies in the lists for receiving soft loans or who have allocated their own funds for the construction of residential premises) under the terms of Decree No. 185, which has become invalid.”
The answer acknowledges that "a normative legal act that worsens the situation of citizens, imposes additional (increased) duties compared to previously existing ones, or restricts rights or deprives existing rights, has no retroactive force." But: "unless otherwise provided by the legislative acts of the Republic of Belarus".
Earlier, representatives of the Ministry of Construction and Architecture reported that the queue of people in need of better living conditions last year was 866,000 people. About 80 percent of it applied for preferential loans. After the entry into force of Decree No. 13, soft loans will be distributed only to 30-35 percent of those in need.
"The decree on preferential lending for housing construction was caused by the need to streamline the queues of those who need to improve their living conditions and save money,- Irina Arkhipova noted in the program of the ONT channel "Open Format" on January 23. - Those categories of citizens who are entitled to receive a soft loan for housing construction will be reduced. The rest of the citizens will be able to build housing in the future, relying on their own strength and means, since the efforts made by the government will make the country's economy work."
On some issues of providing citizens with state support in the construction (reconstruction) or acquisition of residential premises
In order to implement the state housing policy and streamline the conditions for providing citizens with state support in the construction (reconstruction) or acquisition of residential premises:
1. Determine that:
1.1. the right to receive preferential loans for the construction (reconstruction) or purchase of residential premises is provided:
military personnel*;
citizens who, in accordance with legislative acts, have the right to receive extraordinary residential premises for social use of the state housing stock;
able-bodied adult members of the family of the tenant of residential premises under the contract for the rental of residential premises for social use of the state housing stock in the event of his death or departure to permanent residence to another dwelling that does not have
_________________________
* The definition of this category, the amount and procedure for granting preferential loans and other types of state financial support are regulated by Decree of the President of the Republic of Belarus dated April 3, 2008 No. 195 “On certain social and legal guarantees for military personnel, judges and prosecutors” (National Register of Legal Acts Republic of Belarus, 2008, No. 83, 1/9603).
adult members of the family of the deceased (deceased, declared missing) tenant of official residential premises of the state housing stock - during the validity period of the contract for renting official residential premises of the state housing stock concluded in accordance with legislative acts;
low-income citizens of the Republic of Belarus, consisting
on the register of those in need of better housing conditions (with the exception of citizens recognized as in need of better housing conditions
on additional grounds provided by organizations
in collective agreements), from the number:
large families;
citizens whose families include children with disabilities, as well as people with disabilities from childhood of groups I and II;
citizens who fell ill and suffered from radiation sickness caused by the consequences of the Chernobyl nuclear power plant disaster, other radiation accidents, disabled people, in respect of whom a causal relationship of injury or disease that led to disability has been established with the Chernobyl nuclear power plant disaster, other radiation accidents;
veterans of military operations on the territory of other states from among the categories of citizens provided for in paragraphs 1 - 3 of part one of Article 3 of the Law of the Republic of Belarus of April 17, 1992 "On Veterans" (Vedamasts i Vyarkho ў Naga Council of the Republic of Belarus, 1992, No 15, article 249; National Register of Legal Acts of the Republic of Belarus, 2001, No. 67, 2/787);
citizens living in residential premises recognized in accordance with the established procedure as unfit for habitation;
adult young citizens who are laureates of the special fund of the President of the Republic of Belarus for the social support of gifted students and (or) the special fund of the President of the Republic of Belarus for the support of talented youth - in agreement with the Ministry of Education, the Ministry of Culture and in accordance with documents confirming such rank. Young citizens in this Decree means persons under the age of 31;
citizens who have been awarded scholarships of the President of the Republic of Belarus to talented young scientists - in agreement with the National Academy of Sciences of Belarus and in accordance with the documents confirming the appointment of these scholarships issued by the organizations that paid them;
citizens living for at least 10 years in dormitories, in residential premises of the state housing stock under contracts for sublease of residential premises, in residential premises of private housing stock under contracts for hiring residential premises, who, including cohabiting family members and separately residing spouses, do not have ownership of residential premises (the total area of residential premises attributable to a share in the right of common ownership of residential premises), including those located in other settlements of the Republic of Belarus;
citizens engaged in the construction (reconstruction) or acquisition of residential premises in settlements with a population of up to 20 thousand people;
judges and prosecutors;
young families with two minor children as of the date of approval of the lists for receiving preferential loans.
Foreign citizens and stateless persons permanently residing in the Republic of Belarus enjoy the right to receive preferential loans for the construction (reconstruction) or purchase of residential premises on an equal basis with citizens of the Republic of Belarus, unless otherwise provided by laws and international treaties of the Republic of Belarus.
The conditions and procedure for classifying citizens as low-income citizens for the provision of preferential loans, subsidies and other forms of state support for the construction (reconstruction) or acquisition of residential premises are determined by the Council of Ministers of the Republic of Belarus;
1.2. Extraordinary right to receive concessional loans have:
large families;
citizens whose families include children with disabilities, as well as people with disabilities from childhood of groups I and II;
citizens who fell ill and suffered from radiation sickness caused by the consequences of the disaster at the Chernobyl nuclear power plant, other radiation accidents, disabled people, in respect of whom a causal relationship of injury or disease that led to disability has been established with the disaster at the Chernobyl nuclear power plant, other radiation accidents;
citizens living for at least 10 years in dormitories, in residential premises of the state housing stock under contracts for sublease of residential premises, in residential premises of private housing stock
under rental agreements for residential premises, which, including cohabiting family members and spouses living separately, do not own residential premises (the total area of residential premises attributable to a share in the common ownership of residential premises), including those located in other settlements points of the Republic of Belarus;
able-bodied adult members of the family of the tenant of residential premises under the contract for the rental of residential premises for social use of the state housing stock in the event of his death or departure
for permanent residence in another dwelling, not having
in the use of residential premises of the state housing stock on the basis of a lease agreement or in the ownership of another residential premises in this settlement with a total area of 15 sq. meters or more
(in Minsk - 10 square meters or more) per person who meets the sanitary and technical requirements, - during the period of validity of a contract for renting a residential premises for social use of the state housing stock concluded with one of them in accordance with legislative acts;
adult members of the family of the deceased (deceased, declared missing) tenant of official residential premises of the state housing stock - during the term of the agreement concluded in accordance with legislative acts for the rental of official residential premises of the state housing stock;
1.3. citizens of the Republic of Belarus entitled to receive preferential loans (with the exception of citizens specified in the second paragraph and the seventeenth part of the first sub-clause 1.1 of this clause) are entitled to receive one-time subsidies for the construction (reconstruction) or purchase of residential premises.
The right to joint use of a preferential loan and a one-time subsidy for the construction (reconstruction) or purchase of residential premises are:
citizens who, in accordance with legislative acts, have the right to receive extraordinary residential premises for social use of the state housing stock;
veterans of military operations on the territory of other states from among the categories of citizens provided for in paragraphs 1 - 3 of the first part of Article 3 of the Law of the Republic of Belarus "On Veterans";
citizens living in residential premises recognized in accordance with the established procedure as unsuitable for habitation;
citizens who fell ill and suffered from radiation sickness caused by the consequences of the Chernobyl disaster, other radiation accidents, disabled people, in respect of which a causal relationship of injury or illness that led to disability has been established with the disaster
at the Chernobyl nuclear power plant, other radiation accidents;
citizens whose families include children with disabilities, as well as people with disabilities from childhood of groups I and II.
Citizens from among those entitled to receive a one-time subsidy for the construction (reconstruction) or purchase of residential premises, not specified in part two of this subparagraph, have the right, at their choice, to use either soft loans or one-time subsidies for the construction (reconstruction) or acquisition of residential premises .
One-time subsidies for the construction (reconstruction) or purchase of residential premises out of turn are provided to citizens who have the right to receive extraordinary loans for these purposes.
Young families, as well as citizens permanently residing
and those working in rural settlements are entitled to receive a one-time subsidy to pay off the debt on a soft loan received for the construction (reconstruction) or purchase of a dwelling.
A one-time subsidy for repayment of debt on a soft loan received for the construction (reconstruction) or purchase of residential premises is provided to young families, as well as citizens permanently residing and working in rural settlements, after the residential building is put into operation (acquisition of residential premises) in equal shares within the terms set by the loan agreement.
Transfer of funds local budgets for the provision of one-time subsidies for the repayment of debt on preferential loans is carried out monthly in accordance with the applications of the open joint-stock company “Savings Bank “Belarusbank”.
Citizens eligible for one-time subsidies
for the construction (reconstruction) or purchase of residential premises
and for the repayment of concessional loans, can exercise the right to receive one of the types of one-time subsidies.
Provision of one-time subsidies for the construction (reconstruction) or purchase of residential premises and for debt repayment
on preferential loans received for the construction (reconstruction) or acquisition of residential premises, is carried out on the terms and in the manner determined by the Council of Ministers of the Republic of Belarus;
1.4. concessional loans for the construction (reconstruction) or purchase of residential premises are provided by the open joint stock company Savings Bank Belarusbank.
The maximum amount of a preferential loan for the construction (reconstruction) of a dwelling is determined by the normalized size of the total area of the dwelling, determined in accordance with subparagraph 1.6 of this paragraph, taking into account the standards for the total area of the dwelling under construction (reconstruction), established
in subparagraph 1.5 of this paragraph, and in terms of the cost of construction of 1 sq. meters of the total area of residential premises of typical consumer qualities for the corresponding type of residential buildings, approved by local executive and administrative bodies, and should not exceed 90 percent (for large families - 100 percent) of the construction cost of the normalized size of the total area of residential premises of typical consumer qualities.
The maximum period for which preferential loans are granted should not exceed 20 years (for large families - 40 years).
Interest for the use of these loans during the period of their repayment is set in the following amounts:
for large families - 1 percent per annum;
for citizens permanently residing and working in settlements with a population of up to 20 thousand people - in the amount
10 percent of the refinancing rate of the National Bank, effective on the date of approval of the lists for receiving preferential loans, but not less than 3 percent per annum;
for other categories of citizens specified in paragraphs three to sixteen of part one of sub-clause 1.1 of this clause - in the amount of 20 percent of the refinancing rate of the National Bank in force on the date of approval of the lists for receiving preferential loans, but not less than 5 percent per annum;
for young families with two minor children,
not belonging to the categories of citizens specified in paragraphs three - sixteen of part one of sub-clause 1.1 of this clause - in the amount of 50 percent of the refinancing rate of the National Bank in force on the date of approval of the lists for receiving preferential loans, but not less than 5 percent per annum.
The margin of the open joint-stock company “Savings Bank “Belarusbank” is 3 percent per annum.
In cases of employment and (or) relocation of borrowers and (or) their spouses permanently residing and working in settlements with a population of up to 20 thousand people, during the period of issuing a soft loan and carrying out the construction (reconstruction) of residential premises in settlements with a population of up to population of more than 20 thousand people, the amount of interest for using a soft loan is recalculated, taking into account the norms provided for in paragraph four of part four of this subparagraph, as of the date of conclusion of the loan agreement.
For families that have acquired the status of a large family after the conclusion of a loan agreement, the period for which preferential loans are provided increases to 40 years. The interest rate for the use of these loans during the period of their repayment is set at 1 percent per annum based on the amount of debt as of the date of submission of documents to the open joint stock company "Savings Bank" Belarusbank ". If the family loses this status during the construction process, or
during the period of repayment of a preferential loan, the conditions of preferential lending do not change.
The cost of construction of residential premises in rural settlements, carried out by citizens permanently residing in them
and working, as well as the construction of residential premises in settlements with a population of up to 20 thousand people, carried out by large families, includes the cost of construction of the project outbuildings in the amount of up to 20 percent of the cost of construction of the normalized size of the total area of residential premises of typical consumer qualities, determined in accordance with subparagraph 1.6 of this paragraph;
1.5. the standards for the total area of a residential building under construction (reconstruction) to determine the amount of a preferential loan are set at 20 sq. m. meters (in Minsk - 15 sq. meters,
and for large families - 20 sq. meters) per family member (during the construction of a one-room apartment for one person, a one-apartment residential building - 30 square meters), and for citizens permanently residing
and those working in rural settlements and building (reconstructing) single-family or block houses in them - 30 sq. meters (during the construction for one person of a single-apartment residential building or a one-room apartment in a blocked residential building - 44 square meters).
For Heroes of Belarus, Heroes of the Soviet Union, Heroes of Socialist Labor, full cavaliers of the Orders of Glory, Labor Glory, as well as citizens who, in accordance with the law, have the right to additional living space for health reasons, these standards for the total living space are increased by 15 square meters. meters for each family member entitled to additional living space for the listed reasons.
Citizens engaged in the construction (reconstruction) or acquisition of residential premises with a total area of less than 15 square meters. meters
(in Minsk - less than 10 square meters) per person, a preferential loan is provided subject to the voluntary expression of the will of these citizens and their family members included in the lists for obtaining preferential loans to deregister those in need of improved housing conditions;
1.6. in the lists for obtaining preferential loans, the normalized sizes of the total area of residential premises are indicated, which are established minus the total area of \u200b\u200bresidential premises owned by the borrower and his family members (including the total area of \u200b\u200bresidential premises attributable to the shares in common ownership of residential premises), as well as the total area of residential premises located
owned and alienated by the borrower and (or) members of his family within 3 years prior to the conclusion of the loan agreement (including the total area of residential premises attributable to owned
and shares alienated by the borrower and (or) members of his family within 3 years prior to the conclusion of the loan agreement in the right of common ownership of residential premises). The total area of the dwelling attributable to the share in the common ownership of the dwelling shall be determined on the basis of the total area of the dwelling in proportion to the size of the share in the common ownership of the dwelling.
The total area of residential premises owned by the borrower and his family members (including the total area of residential premises attributable to the shares in the common ownership of residential premises owned by the borrower and his family members), taken into account when establishing the normalized size of the total area of residential premises for calculation of the amount of a preferential loan, is reduced by the standard of the total area, established in subparagraph 1.5 of this paragraph, attributable to each remaining resident
in the living quarters of the borrower's family member taken into account.
In case of alienation by the borrower and (or) members of his family of the residential premises owned by them (their share in the common ownership of the residential premises) within 3 years
before the conclusion of a loan agreement and the acquisition of ownership of another residential premises (a share in the common ownership of a residential premises), from the indicated residential premises (shares) a larger residential premises (a share that accounts for a larger area of a residential premises) is taken into account.
The normalized dimensions of the total area of the residential premises taken into account for determining the amount of the preferential loan are established minus the total area of the residential premises of the developer organizations,
for which share contributions were paid by the borrower and (or) members of his family, and residential premises for which the borrower and (or) members of his family paid the price of the object of shared construction, as well as taking into account the total area of residential premises that are put into operation residential buildings(start-up complexes), the construction of which was carried out by the borrower
and/or members of his family.
The normalized dimensions of the total area of a dwelling to be taken into account for determining the amount of a preferential loan are established without taking into account the total area of the dwelling (including the total area of the dwelling attributable to the share in the common ownership of the dwelling):
for the reconstruction of which a preferential loan is provided;
alienated (including in the event of alienation of a share in the right of common ownership) by the borrower and (or) members of his family to cohabiting family members, if the total area of the specified premises (the total area of the residential premises attributable to the share in the common ownership of the residential premises) is accepted in calculation of the normalized size of the total area to determine the amount of a soft loan for a given family.
In the event of a gratuitous transfer under a donation agreement by borrowers and (or) members of their families of residential premises (shares in the common ownership of residential premises), including those recognized in the established manner as unfit for habitation, to local executive and administrative bodies, and by military personnel - also to the Ministry defense and other state bodies that have military formations and paramilitary organizations, the standardized sizes of the total area of \u200b\u200bdwelling premises for determining the amount of a preferential loan are taken into account in the prescribed manner without taking into account the area of transferred residential premises (the area of \u200b\u200bliving premises attributable to the transferred shares in the right of common ownership to Living spaces).
If the composition of the borrower's family changes during the period of construction or reconstruction of a dwelling using a soft loan, the due amount of the soft loan is recalculated.
The residential premises of the state housing stock occupied under a lease agreement, in which persons who retain the right to use it in accordance with the law, do not remain, shall be leased to the landlord.
In the event that during the construction (reconstruction) of a dwelling, the borrower and (or) members of his family acquire ownership of a dwelling (a share in the common ownership of the dwelling) by privatizing the occupied dwelling of the state housing stock, under a sale and purchase agreement, donation, by inheritance and on other grounds provided for by legislative acts, the due amount of a preferential loan is recalculated in accordance with this subparagraph;
1.7. concessional loans for the construction (reconstruction) of residential premises are allocated taking into account the cost of work on the preparation of design estimates.
When acquiring under a contract of sale of unfinished residential buildings (apartments) and inefficiently used buildings and structures located in state property, to calculate the amount of a soft loan allocated for the construction (conversion into residential premises) of these objects, their value is taken into account at the time of conclusion of the relevant agreement, as well as the residual cost of construction (conversion into residential premises) of these objects.
In case of gratuitous transfer of these objects, the amount of the preferential loan is calculated based on residual value their construction (re-equipment into residential premises), taking into account the standards provided for concessional lending.
Contracts for the sale or gratuitous transfer to developers of unfinished residential buildings (apartments) and inefficiently used buildings and structures, indicating their value, are concluded before the opening of a credit line by the Open Joint Stock Company “Savings Bank “Belarusbank”;
1.8. preferential loans for the purchase of residential premises are provided to citizens in an amount not exceeding 90 percent (for large families - 100 percent) maximum size loan allocated for the construction (reconstruction) of housing in accordance with
with subparagraphs 1.4 - 1.6 of this paragraph (with the exception of residential premises built by organizations and individual entrepreneurs especially for sale), and the values appraised value purchased residential premises, determined in the manner established by the Council of Ministers of the Republic of Belarus.
Citizens who are registered as needing better housing conditions at their place of residence, as well as at their place of work (service)
(with the exception of citizens who are registered in need of improved living conditions at the place of work (service) in state bodies (except for district, city executive and administrative bodies, local administrations) who have the right in accordance with part one of subparagraph 1.9 of this paragraph to approve the lists to receive preferential loans, as well as in organizations that are part of their system or subordinate to them), who have expressed a desire to improve their living conditions by acquiring residential premises, are included by local executive and administrative bodies in the lists for obtaining preferential loans if in the locality at the place residence of citizens who improve their living conditions (for citizens living in rural settlements, urban-type settlements, cities of district subordination - within the boundaries of the corresponding district), in the locality at the location of organizations that have registered citizens in need of improved housing conditions , not implemented is the construction of residential buildings by equity participation or organizations of developers created on the initiative of local executive
and regulatory bodies.
Citizens who are registered in need of better housing conditions at the place of work (service) in state bodies (with the exception of district, city executive and administrative bodies, local administrations), who are entitled in accordance with part one of subparagraph 1.9 of this paragraph to approve lists for receiving preferential loans, as well as in organizations that are part of their system or subordinate to them, who have expressed a desire to improve housing conditions by acquiring residential premises, are included in the lists for obtaining preferential loans if residential buildings are not being built in the locality at the place of acquisition of housing by equity participation or organizations of developers, created as on the initiative of the relevant government agencies, So
and at the initiative of local executive and administrative bodies
with these government agencies.
Citizens who improve their living conditions by acquiring residential premises built by organizations and individual entrepreneurs specifically for sale, as well as large families who improve their living conditions by acquiring residential premises, including secondary market, are included in the lists for obtaining preferential loans, regardless of the restrictions provided for
in parts two and three of this subparagraph.
Soft loans for the purchase of residential premises built by organizations and individual entrepreneurs specifically for sale, are provided in the manner applicable for lending to the construction of residential premises;
1.9. preferential loans for the construction (reconstruction) or purchase of residential premises are provided according to lists compiled in accordance with the order of citizens in need of better housing conditions and approved accordingly by district, city executive and administrative bodies, local administrations, the Ministry of Defense, the Ministry of Internal Affairs, the Investigative Committee , the Ministry of Emergency Situations, the State Security Committee, the State Border Committee, the Security Service of the President of the Republic of Belarus, the Operational and Analytical Center under the President of the Republic of Belarus, the State Inspectorate for the Protection of Fauna and Flora under the President of the Republic of Belarus, the Committee state control. These state bodies (with the exception of district, city executive and administrative bodies, local administrations) have the right to delegate the authority to approve lists for obtaining preferential loans to organizations that are part of their system or subordinate to them. Citizens registered as those in need of better housing conditions and entitled to receive preferential loans are included in the lists within the limits of funds allocated for the purpose of preferential lending for the corresponding year. Approval of lists for receiving preferential loans by district, city executive
and administrative bodies, local administrations is carried out taking into account the date of registration of those in need of better housing conditions, determined by district, city executive
and regulatory authorities. The basis for concluding a loan agreement for obtaining a preferential loan from citizens arises after their approval in the lists for obtaining preferential loans. The approved lists are submitted to the open joint-stock company “Savings Bank “Belarusbank” for fully formed organizations of developers no later than one month before the start of lending.
Citizens who are registered in need of better housing conditions at the place of work (service), with the exception of citizens who are registered in need of better housing conditions at the place of military service (work) in the Ministry of Defense, the Ministry of Internal Affairs, the Investigative Committee, the Ministry of emergency situations, the State Security Committee, the State Border Committee, the Security Service of the President of the Republic of Belarus, the Operational and Analytical Center under the President of the Republic of Belarus, the State Inspectorate for the Protection of Fauna and Flora under the President of the Republic of Belarus, in the bodies of the State Control Committee, as well as in organizations belonging to in their system or subordinate to them, are included in the lists for soft loans by district, city executive and administrative bodies, local administrations in the locality at the location of the organization that registered those in need of improved housing conditions.
Citizens who are registered as those in need of better housing conditions at their place of residence, who wish to improve their housing conditions by building (reconstructing) or acquiring residential premises in other settlements (with the exception of regional centers, the city of Minsk and settlements of the Minsk region), are included, upon their applications, in the lists for receiving preferential loans by the relevant local executive and administrative bodies at the place of registration of those in need of better housing conditions when accepted by citizens and members of their families included in the lists
to receive preferential loans, obligations to register them at the place of residence in the constructed (reconstructed) or acquired
using concessional residential loans.
Inclusion of citizens, including those registered in need of better living conditions at the place of work (service), military service (work) in the Ministry of Defense, the Ministry of Internal Affairs, the Investigative Committee, the Ministry of Emergency Situations, the State Security Committee, the State Border Committee, The Security Service of the President of the Republic of Belarus, the Operational and Analytical Center under the President of the Republic of Belarus, the State Inspectorate for the Protection of Animals and Plants under the President of the Republic of Belarus, in the bodies of the State Control Committee, as well as in organizations included in their system or subordinate to them, in the lists for receiving concessional loans are carried out in accordance with the procedure established by law, subject to the voluntary expression of the will of these citizens and their family members to deregister those in need
in improving housing conditions both at the place of residence (including family members living in other settlements), and at the place of work (service), military service (work) of each of them.
Citizens registered as in need of better housing conditions who have exercised their right to extraordinary inclusion
in the lists for receiving preferential loans, cannot be re-included in the said lists out of turn, regardless of the occurrence (presence) of grounds for their extraordinary inclusion in the lists for obtaining preferential loans, with the exception of large families exercising such a right in accordance with paragraph 9 of this Decree.
Families with many children who have exercised their right to extraordinary inclusion in the lists for preferential loans in accordance with
with paragraph 9 of this Decree, as well as large families that have improved their housing conditions with the attraction of a preferential loan as part of the family of their parents, have the right to be included in the named lists out of turn in accordance with the named paragraph of this Decree only if the grounds for registering those in need
in improving their living conditions, they have arisen in connection with the birth, adoption, adoption of children;
1.10. prior to the conclusion of loan agreements with citizens who are members of developer organizations, preferential loans for the construction (reconstruction) of residential premises may be provided to organizations that act as customers for the construction (reconstruction) of residential premises (hereinafter referred to as customers)*, by concluding loan agreements for an amount equal to not more than 50 percent of the estimated cost of a residential building under construction (reconstruction), indicating the interest paid for the use of preferential loans, in the amounts specified in part four of sub-clause 1.4 of this clause. Preferential loans are provided to customers for up to 6 months
with the condition of their subsequent re-registration to members of developers' organizations in proportion to the share of preferentially credited
area of residential premises under construction (reconstruction) on the terms provided for by this Decree, until the expiration of the period for which they are provided.
After the conclusion of loan agreements with citizens who are members of developer organizations, preferential loans for the construction (reconstruction) of residential premises can be provided to developer organizations within the amount of credit lines opened to citizens
with the subsequent re-issuance of the issued loan to members of developers' organizations in proportion to the share of the preferentially credited area of residential premises under construction (reconstruction) on the terms provided for by this Decree, until the expiration of the period for which they are provided.
Debt classification and valuation credit risk for loans issued in accordance with this Decree to customers, are carried out regardless of the ability of the debtor to fulfill its obligations, the quality and sufficiency of security.
Preferential loans for the construction (reconstruction) of residential buildings are provided to organizations of developers, customers in the presence of the conclusion of the state examination of projects and estimates for the specified objects, the permission of the state construction supervision body of the Republic of Belarus to carry out construction and installation works, issued to the customer, a building contract.
________________________
* Organizations performing the functions of customers for the construction (reconstruction) of residential premises include communal unitary enterprises for capital construction, which are entrusted with the functions of single state customers for the construction of residential buildings for citizens engaged in the construction of residential premises with state support, other state organizations or organizations with a state share in the authorized capital of more than 50 percent, acting as customers for the construction of residential buildings for citizens engaged in the construction of residential premises with state support, based on the decision of the district, city, district executive and administrative body in the city.
When reissuing preferential loans granted in accordance with parts one and two of this subparagraph, obligations
for their repayment and payment of interest for their use, they are transferred to members of developer organizations from the date of issuance of preferential loans to these organizations on the terms provided for in this Decree,
in proportion to the specific weight of the preferentially credited area of residential premises under construction (reconstruction) to determine the amount of the preferential loan.
If, as of the expiration date of the loan agreement with the customer, concluded in accordance with part one of this subparagraph, the organization of developers is not formed in full strength or there are members of the organization of developers who have not concluded loan agreements for obtaining preferential loans with the bank, the unreformed part The preferential loan is subject to return by the customer within three months with the payment of increased interest in the amount of the refinancing rate, increased by a margin of 3 percentage points, from the date the customer receives the preferential loan. At the same time, compensation for losses to the bank from the republican budget for the unreissued part of the soft loan is not carried out.
In the case of the construction of a dwelling by citizens who have concluded contracts for the creation of shared construction objects, the payment of the price of the shared construction object is carried out on the basis of monthly certificates submitted by the developer on the cost of work performed, the developer's costs and the amount of the next contribution to pay for the cost of building a dwelling. The mentioned certificate includes advances that should not exceed 50 percent of the cost of work to be performed in the next month, as well as target advances for the purchase of structures, materials and products;
1.11. the maximum period during which a preferential loan is issued for the construction of single-apartment, as well as blocked residential buildings, should not exceed 3 years from the date of issuance of the first part of the loan;
1.12. repayment of debt on preferential loans and payment of interest for their use are carried out by citizens in equal shares during the entire period of repayment of loans:
when acquiring residential premises - with next month after the loan is issued;
during the construction (reconstruction) of single-apartment residential buildings by economic means - from the next month after the delivery of the house
into operation, but no later than 2 years after the start of lending,
and by citizens permanently residing and working in settlements with a population of up to 20 thousand people, and large families - from the next month after putting the house into operation, but no later than 3 years after the start of lending;
in the construction of apartments in multi-apartment residential buildings, as well as in the construction of single-apartment residential buildings in a contract way- from the next month after the commissioning of the house (start-up complex)
commissioning, and in the case of putting the house into operation (construction of apartments) without performing the full scope of work to ensure the full readiness of residential premises for operation - six months after putting the house into operation.
Families in which one of the parents after the birth of the second
and subsequent children are on leave to care for a child under the age of three, a deferment is granted for the period of this leave in repaying the debt on a loan (including interest for using a loan) granted for the construction (reconstruction) or purchase of a dwelling.
Families with many children receive financial assistance from the state in repaying debts on soft loans in the manner established by the Council of Ministers of the Republic of Belarus, after the commissioning of residential buildings
into operation (acquisition of residential premises) in accordance
with the number of minor children as of the date of conclusion of the loan agreement and the amount of debt on preferential loans as of the date of submission by the borrowers to the open joint-stock company “Savings Bank “Belarusbank” of the documents necessary for its receipt, and turns out to be in the following amounts:
with three minor children - 75 percent
from the amount of debt on loans issued;
if there are four or more minor children –
100 percent of the outstanding loans.
Families at birth (adoption, adoption) of the third
and subsequent children after the conclusion of the loan agreement, financial assistance from the state in repayment of debt on soft loans is provided in accordance with the number of minor children on the date of birth (adoption, adoption) of the child (taking into account the born, adopted, adopted) in the manner specified in part three of this subparagraph .
The size is recalculated financial assistance of the state, rendered to large families in repayment of debts on preferential loans issued taking into account the actual cost of work to complete the construction of residential buildings, including work on exterior decoration, landscaping and landscaping, the implementation of which, when commissioning residential buildings, was postponed for a favorable period of time.
Families with many children who received financial assistance in the amount of 30 or 50 percent if they have three children and 50 or 70 percent if they have four children are recalculated financial assistance if there are at least three minor children in the family as of the date of submission by the borrowers to the Open Joint Stock Company "Savings Bank" Belarusbank" documents necessary for its recalculation.
The amount of financial assistance when it is recalculated in accordance with
with part six of this subparagraph is determined as a percentage of the amount of debt as of the date of submission of documents as the difference between the amount of financial assistance established by this Decree and the amount of previously provided financial assistance, expressed as a percentage.
State financial assistance in paying off debt on soft loans is provided to young families at the birth (adoption) of the first and (or) second child after the conclusion of a loan agreement for the construction (reconstruction) or purchase of residential premises.
For young families, financial assistance from the state in paying off debt on soft loans is provided in the manner established by the Council of Ministers of the Republic of Belarus, after the commissioning of residential buildings (acquisition of residential premises) based on the amount of debt on soft loans as of the date of submission by the borrowers to the Open Joint Stock Company "Savings Bank" Belarusbank" of the documents required to obtain it, and is provided in the following amounts:
at the birth (adoption, adoption) of the first child -
10 percent of the amount of debt on loans issued;
at the birth (adoption, adoption) of a second child –
20 percent of the outstanding loans.
For young families, the recalculation of financial assistance from the state received in accordance with the law on previously existing conditions is not carried out.
A recalculation of the amount of financial assistance from the state provided in accordance with this Decree to young families is being carried out.
in repayment of debt on preferential loans issued taking into account the actual cost of work to complete the construction of residential buildings, including work on exterior decoration, landscaping and gardening, the completion of which, when commissioning residential buildings, was postponed for a favorable period of time.
The documents required for obtaining financial assistance are submitted by large and young families to the open joint-stock company “Savings Bank “Belarusbank” after the commissioning of a residential building (acquisition of a residential building).
State financial assistance to large and young families
in repayment of debt on preferential loans is provided in equal shares within the terms established by the loan agreement.
The payment of interest for the use by large and young families of a part of a preferential loan to be repaid at the expense of financial assistance from the state is made by the state in equal shares within the terms established by the loan agreement;
1.13. Own funds are contributed by individual borrowers on a monthly basis at current prices.
One-time subsidies count towards own funds citizens to pay for the cost of construction of standardized sizes of the total area of residential premises of typical consumer qualities. The amount of own funds contributed is determined as the difference between the cost of the dwelling and the amount of the soft loan received;
1.14. when residential buildings (apartments) are put into operation without performing the full scope of work to ensure the full readiness of residential premises for operation, the costs associated with the production of these works are charged to the citizens' own funds allocated by them to finance the construction (reconstruction) of residential premises;
1.15. transfer of debt on a soft loan received is allowed only to a family member of an individual borrower or if there is a decision of the local executive and administrative body or a decision of the relevant republican body government controlled to a person who is registered as in need of improved housing conditions and who, in accordance with the law, has the right to receive a soft loan for the construction (reconstruction) or purchase of a dwelling.
Obligation to pay debt on a preferential loan
and interest for using it may be assigned by a court decision to the spouse (wife) of an individual borrower, other family members, including former members who jointly improved housing conditions, claiming a share in the constructed residential premises, or in case of dissolution of marriage - to the spouse (wife ) an individual borrower on the basis of a marriage or other contract (agreement) concluded
in writing according to established order;
1.16. under construction (reconstructed, acquired), as well as constructed (reconstructed, acquired) residential premises are pledged (mortgage) from the open joint-stock company “Savings Bank “Belarusbank”. Wherein:
the right of pledge arises in the open joint-stock company “Savings Bank “Belarusbank” from the moment of conclusion of the relevant loan agreement and terminates in the event of termination of the loan obligation, destruction of the mortgaged premises or levying a penalty on it by the pledgee in the manner prescribed by law;
pledge (mortgage) of a building (construction) is carried out without a pledge (mortgage) land plot on which it is located;
the claims of other mortgagees of residential premises built (renovated, acquired) with the attraction of preferential loans are satisfied from the cost of these residential premises after satisfaction of the requirements of the Open Joint Stock Company “Savings Bank “Belarusbank” under the relevant loan agreements;
pledge (mortgage) of the said residential premises shall be made in accordance with the rules determined by the legislation, which do not contradict this Decree;
1.17. financing of expenses related to lending to housing construction is carried out within the limits approved by the law on the republican budget for the next financial year.
Distribution of lending volumes for housing construction by regions and the city of Minsk, depending on the need for soft loans certain categories citizens who, in accordance with the law, have the right to receive them, is carried out by the Council of Ministers of the Republic of Belarus;
1.18. sale of residential premises, their parts (if the division of residential premises has been carried out), as well as shares in the ownership of these residential premises, built (reconstructed) or acquired with the attraction of a preferential loan:
until its full repayment is not allowed;
within a year from the date of repayment of this loan, it can be carried out by the relevant district, city executive and administrative body, local administration in the manner prescribed by law.
In case of refusal of the relevant district, city executive and administrative body, local administration in the purchase of residential premises (its parts, shares in the ownership right), built (reconstructed, acquired) with the attraction of a preferential loan, the sale, donation or exchange of the specified residential premises (its parts, shares in the ownership right) within a year from the date of repayment of the loan is carried out with the permission of this executive and administrative body, local administration in exceptional cases (moving
to another locality, dissolution of marriage, death of the homeowner, etc.) or in case of improvement of housing conditions by the homeowner, recognized in accordance with the established procedure in need of better housing conditions, through the construction, reconstruction or acquisition of residential premises. Until the repayment of the preferential loan, the decision of the executive
and the administrative body, the local administration on donation or on the exchange of the said residential premises (its parts, shares in the ownership right) can only be accepted with the consent of the open joint-stock company “Savings Bank “Belarusbank” in the manner prescribed by law;
1.19. in the event of the sale by citizens of residential premises owned by them, the proceeds from this sale of funds
are not included in the family income for calculating the average monthly total income for each of its members, giving the right to receive a preferential loan, provided that these funds are directed to the construction (reconstruction) or purchase of residential premises.
2. Responsibility for the illegal inclusion of citizens in the lists for obtaining soft loans for construction (reconstruction) or the acquisition of residential premises shall be assigned to local executive and administrative bodies and heads of organizations (when registering citizens in need of improved housing conditions at the place of work), and control for the correct inclusion of citizens in these lists - to the regional executive committees, the Minsk City Executive Committee, the Ministry of Defense, the Ministry of Internal Affairs, the Investigative Committee, the Ministry
for Emergency Situations, the State Security Committee, the State Border Committee, the Security Service of the President of the Republic of Belarus, the Operational and Analytical Center under the President of the Republic of Belarus, the State Inspectorate for Animal Protection
and Flora under the President of the Republic of Belarus, the State Control Committee in accordance with their competence.
3. Grant the right to open joint-stock company "Savings Bank" Belarusbank ":
demand from district, city executive and administrative bodies, local administrations, from heads of organizations
(when registering citizens in need of better housing conditions at the place of work) additional documents confirming the legality of the inclusion of citizens in the lists for obtaining preferential loans;
in case of detection of violations of the law when a citizen is included in the specified list, refuse to conclude a loan agreement with this citizen and appeal against the decision of the district, city executive and administrative body, local administration
on its inclusion in the list of the relevant regional executive committee (Minsk City Executive Committee), the Ministry of Defense, the Ministry of Internal Affairs, the Investigative Committee, the Ministry of Emergency Situations, the State Security Committee, the State Border Committee, the Security Service of the President of the Republic of Belarus, the Operational and Analytical Center under the President of the Republic of Belarus , the State Inspectorate for the Protection of Fauna and Flora under the President of the Republic of Belarus, the State Control Committee in accordance with their competence;
not to provide credit for the construction of an object in the absence of a project approved in the prescribed manner and passed the state examination, as well as without a work contract and permission to carry out construction and installation works;
carry out control measurements of the volume of construction and installation works performed during the construction (reconstruction) of residential premises
using concessional loans;
in the event of an overestimation of the volume or cost of construction and installation works performed and the costs incurred during the construction (reconstruction) of residential premises using soft loans:
withhold in the prescribed manner from the contractor at the next payment for the construction and installation works performed by him, the amounts of such overstatement identified during construction;
collect from the contractor in an indisputable manner on the basis of a decision of the bank, which is executive document, and allocate for the repayment of preferential loans the amounts of the said overstatement, revealed after the commissioning of the facility and (or) upon termination (suspension) of work at the facility by the contractor.
4. Compensation for the losses of the open joint-stock company "Savings Bank" Belarusbank ", associated with the provision of soft loans to citizens, as well as organizations of developers and customers
at the expense of own funds of the named joint-stock company, is carried out from the republican budget on a monthly basis during the entire period for which these loans are provided.
5. For the purposes of this Decree, the following terms apply
and their definitions:
residential premises - a single-family residential building, an apartment in an apartment building or a blocked residential building;
citizens permanently residing and working in settlements with a population of up to 20 thousand people - borrowers and their spouses registered at the place of residence in settlements with a population of up to 20 thousand people and working in organizations, separate subdivisions organizations and their structural divisions located in such settlements, as well as registered at the place of residence in settlements
with a population of up to 20 thousand people, non-working borrowers and their spouses who receive pensions and (or) state benefits, who worked in such settlements before retirement (receiving state benefits) for at least 5 years (with the exception of citizens whose families include there are children with disabilities, as well as people with disabilities from childhood of groups I and II), and borrowers and their spouses registered at the place of residence in settlements
with a population of up to 20 thousand people engaged in entrepreneurial and handicraft activities, activities in the field of agroecotourism in the territory of the corresponding settlement;
young family - a family in which at least one of the spouses (a parent in an incomplete family) was under the age of 31 on the date of registration as those in need of better housing conditions, and for citizens registered as those in need of improved housing conditions before entering into marriage (birth, adoption, adoption of a child), –
on the date of marriage (birth, adoption, adoption of a child). The members of a young family include a spouse (wife) and their children (relatives, adopted children);
large family - a family with three or more minor children. The members of a large family include the spouse (wife) and their children (relatives, adopted children). In order to receive soft loans or one-time subsidies for the construction (reconstruction) or purchase of residential premises, families with many children are recognized as families included in the lists of large families in need of better housing conditions and entitled to receive soft loans or one-time subsidies, which, as of the date of conclusion of the loan agreement or making a decision to provide a subsidy, at least three children under the age of 23 who are not married and live with their parents, including those receiving vocational, secondary specialized, higher, postgraduate education in the daytime form of education or mastering the content of the educational training program persons for admission to educational institutions of the Republic of Belarus in full-time education in other settlements or undergoing military service on conscription, who, in accordance with the law, retain the right to use the occupied parent our living quarters. In order to receive financial assistance from the state in paying off debt on soft loans, families with many children are recognized as families engaged in the construction (reconstruction) or acquisition of residential premises and having three or more minor children as of the date of conclusion of the loan agreement, as well as families having at birth (adoption, adoption) the third and subsequent children after the conclusion of the loan agreement of three or more minor children on the date of birth (adoption, adoption) of the child (taking into account the born, adopted, adopted child);
normalized size of the total area of a dwelling - the total area of a dwelling, taken into account when determining the amount of a preferential loan in the construction (reconstruction) or acquisition of a dwelling, which is determined taking into account the established
in subparagraph 1.5 of paragraph 1 of this Decree of the norms for the total area of the residential premises under construction (reconstruction) and the total area owned (were) owned by the borrower
and (or) members of his family of residential premises (including the total area of residential premises attributable to the shares belonging (belonging) to a citizen and (or) members of his family in the right of common ownership of residential premises) located in settlements of the Republic of Belarus;
family members of the borrower - spouse, minor children, children under the age of 23 who are not married and living
together with parents, including those receiving vocational, secondary specialized, higher, postgraduate education in the full-time form of education or mastering the content of the educational program for preparing persons for admission to educational institutions of the Republic of Belarus in the full-time form of education in other settlements or undergoing military service by conscription, who, in accordance with the law, retain the right to use the living quarters occupied by their parents.
6. Include in the Regulations on organizations of developers, approved by Decree of the President of the Republic of Belarus dated January 28, 2008 No. 43
”On the activities of organizations of developers, garage cooperatives
and cooperatives that operate car parks” (National Register of Legal Acts of the Republic of Belarus, 2008, No. 29, 1/9411; 2010, No. 249, 1/12032; 2011, No. 91, 1/12747), the following additions and changes:
6.1. Item 2 shall be supplemented with paragraph thirteen as follows:
”family members of a member of a developer organization whose house has not been completed (reconstruction of the house has not been completed) - spouse, children, parents, other relatives, relatives, disabled dependents, former family members who are registered as needy
in improving living conditions with a member of a developer organization whose house has not been completed (the reconstruction of the house has not been completed);“;
6.2. in paragraph 8:
in part two:
in the second paragraph, the words “according to the Decree of the President of the Republic of Belarus dated April 14, 2000 No. 185 “On the provision of preferential loans and one-time subsidies to citizens for the construction (reconstruction) or purchase of residential premises” (National Register of Legal Acts of the Republic of Belarus, 2000, No. 38, 1/1172)" shall be replaced by the words "according to
with legislative acts";
after the second paragraph, add the following paragraphs to the part:
”from among judges and prosecutors;
living in Minsk and having a total living space of less than 10 sq. m. meters per person - for organizations of developers formed in Minsk;“;
exclude the third part;
in part four, the words “fourth”, “except for the case specified in part six of subparagraph 1.10 of paragraph 1 of Decree of the President of the Republic of Belarus dated April 14, 2000 No. 185” shall be replaced respectively by the words “third”, “unless otherwise established by the President of the Republic of Belarus” ;
6.3. part one of paragraph 23 shall be stated as follows:
”23. Upon termination of membership in the organization of developers of a citizen who has share savings in it, who is not the owner of a residential premises, with the exception of cases provided for in paragraphs 24 and 241 of this Regulation, one of the family members of a former member of this organization or another a person entitled to a part of the share savings (who participated
in the payment of share savings).“;
6.4. supplement the Regulations with paragraph 241 of the following content:
241. Upon termination of membership in an organization of developers whose house has not been completed with construction (the reconstruction of the house has not been completed), formed from among citizens registered as needy
in the improvement of living conditions at the place of work (service), the retiring member of the developer organization shall be refunded the funds contributed for the construction, reconstruction of the house (in case of independent financing of the construction, reconstruction of the house), or accumulation of shares (in the case of financing the construction, reconstruction of the house by the organization of developers) in the manner, established by the Council of Ministers of the Republic of Belarus, and by a state body, another state organization at the place of work (service) of which he was registered as needy
in the improvement of housing conditions, the retiring member of the organization of developers, in accordance with paragraph 8 of this Regulation, a citizen who is registered in need of improvement of housing conditions at the place of work (service) in this state body (organization) is sent to be included in the organization of developers);
6.5. in paragraph 28:
from the fourth paragraph of the first part of the word ", including living with him," to exclude;
in part two:
after the fourth paragraph, add the paragraph with the following content:
”to transfer the right to share savings to a family member or other person,
except for the case of membership in an organization of developers, whose house is not completed with construction (reconstruction of the house is not completed), formed from among citizens who are registered as needy
in improving living conditions at the place of work (service);“;
6.6. in the second part of paragraph 29:
after the third paragraph, add a paragraph with the following content:
”upon termination of membership in the organization of developers due to
with a voluntary withdrawal from this organization, notify family members about this, with the exception of the case of termination of membership in the organization of developers formed from among citizens who are registered in need of improved housing conditions at the place of work (service);”;
6.7. clause 45 after the word “ninth” shall be supplemented with the words “part one”.
7. Recognize as invalid the decrees of the President of the Republic of Belarus and their separate provisions in accordance with the appendix.
8. Open Joint Stock Company “Savings Bank “Belarusbank”:
provision of preferential loans to citizens who entered into loan agreements before the entry into force of this Decree, but not related to
to the categories defined in the first part of sub-clause 1.1 of clause 1 of this Decree, to carry out on the terms provided for by the concluded loan agreements, within the limits of the credit lines opened as of the date of entry into force of this Decree;
ensure coordination with the Ministry of Architecture and Construction and the Ministry of Justice of their decisions on issues of granting preferential loans to citizens for the construction (reconstruction) or purchase of residential premises.
9. District, city executive and administrative bodies, local administrations to ensure:
maintaining separate lists of large families in need
in improving housing conditions, for extraordinary receipt of preferential loans or one-time subsidies with the allocation to a separate list of large families with four or more minor children;
inclusion of large families into members of the organization of developers (conclusion of an agreement on the creation of an object of shared construction)
in the prescribed manner within a year from the date of filing by large families of applications with necessary documents, including, as a matter of priority, large families with four or more minor children;
inclusion of large families in the lists for obtaining preferential loans for the construction of single-family, block-housed residential buildings (apartments), reconstruction or acquisition of residential premises
(including in the secondary housing market) within a month from the date of submission by large families of applications with the necessary documents;
in accordance with the established procedure, together with the open joint-stock company “Savings Bank “Belarusbank”, timely allocation to large families that, in accordance with legislative acts, are entitled to receive state support for the construction (reconstruction) or purchase of residential premises (including in the secondary housing market), disposable subsidies or soft loans.
10. Regional Executive Committees and the Minsk City Executive Committee to ensure:
together with the open joint-stock company “Savings Bank “Belarusbank” control over the targeted use of soft loans allocated for the construction (reconstruction) or purchase of residential premises;
provision to large families land plots for the construction and maintenance of individual residential buildings.
11. Regional Executive Committees, Minsk City Executive Committee, Ministry of Defense, Ministry of Internal Affairs, Ministry of Emergency Situations, State Security Committee, State Border Committee, Security Service of the President of the Republic of Belarus, Operational and Analytical Center under the President of the Republic of Belarus,
State Inspectorate for the Protection of Animals and Plants
The President of the Republic of Belarus, the State Control Committee to ensure the revision of the lists of citizens for receiving preferential loans
subject to the provisions of this Decree.
12. Part five of sub-clause 1.3 of clause 1 of this Decree applies to preferential loan agreements under which, as of July 1, 2011, preferential loans were issued or preferential loans for construction (reconstruction) or the acquisition of residential premises have not yet been issued and a one-time subsidy for construction ( reconstruction) or the acquisition of residential premises was not provided, as well as for newly concluded loan agreements.
Part seven of sub-clause 1.4, parts two - fourteen of sub-clause 1.12 of clause 1 of this Decree shall apply to loan agreements concluded before and after April 14, 2000, as well as to newly concluded loan agreements.
The effect of the first part of subparagraph 1.10 of paragraph 1 of this Decree shall apply to newly concluded loan agreements, as well as
on previously concluded loan agreements, including those under which lending is carried out.
Subparagraph 1.16 of paragraph 1 of this Decree shall apply to residential premises begun by construction (reconstruction) and built (reconstructed, acquired) with the attraction of preferential loans before the entry into force of this Decree.
Subparagraph 1.18 of paragraph 1 of this Decree applies to residential premises built (reconstructed) or acquired using soft loans received under loan agreements concluded before the entry into force of this Decree.
13. The Council of Ministers of the Republic of Belarus, within three months, shall ensure that legislative acts are brought into line with this Decree.
14. Control over the implementation of this Decree shall be entrusted to the State Control Committee.
15. This Decree comes into force after its official publication.
President of the Republic of Belarus A. Lukashenko
A month has passed since Decree of the President of the Republic of Belarus dated 06.01.2012 No. 13 “On Certain Issues of Providing State Support in the Construction (Reconstruction) or Acquisition of Residential Premises” (hereinafter - Decree No. 13) came into force.
At the same time, Decree of the President of the Republic of Belarus dated April 14, 2000 No. 185 “On providing citizens with preferential loans and one-time subsidies for the construction (reconstruction) or purchase of residential premises” (hereinafter - Decree No. 185) became invalid. The change that has taken place can be called with full confidence a reform of the system of state support for citizens in need of better living conditions.
Advantages and disadvantages
Having focused on the main changes, it is necessary to note the most important points first.
Firstly, the standards for the total area of a residential building under construction (reconstruction) have been reduced to determine the amount of a soft loan:
- from 20 sq.m to 15 sq.m for each family member - for persons who are registered in need of better housing conditions in Minsk (with the exception of families with many children);
- from 36 sq.m to 30 sq.m during the construction of a one-room apartment for one person.
Secondly, the normalized sizes of the total area of the residential premises are set minus the total area of the residential premises owned by the borrower and his family members. throughout the Republic of Belarus, in contrast to the norms of Decree No. 185, in accordance with which residential premises located in the settlement at the place of residence and (or) at the place where the borrower's housing conditions are improved were taken into account.
Thirdly, the circle of persons entitled to state support has been significantly reduced: if, in accordance with Decree No. 185, a citizen who improves his living conditions in order of priority had the right to receive a preferential loan regardless of the category of accounting, then in accordance with paragraph 1.9 of Decree No. 13, preferential loans are provided according to lists compiled also in compliance with the order of citizens in need in the improvement of living conditions, but inclusion in these lists is additionally conditioned by the assignment of a citizen to one of the categories, listed in paragraph 1.1 of Decree No. 13. In the event that a person does not belong to any of the privileged categories, he also has no right to state support, regardless of the length of time he has been registered. In addition, the number of categories of citizens eligible for extraordinary inclusion in the lists of preferential loans and citizens entitled to joint use of preferential loans and subsidies has been reduced compared to Decree No. 185.
Fourth, interest rate on a preferential loan at the time of the entry into force of Decree No. 13 may vary in the range from 1 to 22.5% per annum. Prior to the entry into force of Decree No. 13, it could not exceed 5%.
At the same time, it should be noted that not all changes are aimed at reducing the volume of state support. Separate provisions of Decree No. 13 improve legal status borrowers. For example, the amount of financial assistance for the repayment of soft loans for families with many children has been increased from 50% to 75% of the amount of debt on soft loans with 3 minor children and from 75% to 100% for families with 4 or more minor children as of the date conclusion of a loan agreement.
Also, in accordance with paragraph 1.12 of Decree No. 13, families in which one of the parents, after the birth of the 2nd and subsequent children, is on leave to care for a child under the age of 3 years, deferred loan repayment(including interest on the use of the loan) for the duration of such leave. It should be noted here that according to Art. 185 of the Labor Code of the Republic of Belarus, leave to care for a child until he reaches the age of 3 years instead of the mother of the child is granted to the working father or other relatives of the child who actually cares for the child, and when guardianship is appointed - to the child's guardian. but this feature in relation to other relatives and the guardian, as we see, was not reflected in the above norm of Decree No. 13.
To whom and how much?
The general provisions of state support established by Decree No. 13 can be systematized in the form of a table:
Conditions for exercising the right to a preferential loan |
Lending terms |
Eligibility for a subsidy |
|
military personnel |
5% per annum for a period not exceeding 20 years |
Not eligible for a subsidy |
|
Citizens who, in accordance with legislative acts, have the right to receive extraordinary residential premises for social use of the state housing stock |
Only when the queue approaches according to the general list |
||
Able-bodied adult family members of a tenant of residential premises under a tenancy agreement for a residential premises for social use of the state housing stock in the event of his death or departure for permanent residence in another residential premises, who do not use the residential premises of the state housing stock on the basis of a lease agreement or in the ownership of another residential premises in this settlement with a total area of 15 sq.m. or more (in Minsk - 10 sq.m. one of them is a contract for the tenancy of a residential building for social use of the state housing stock |
Only when the queue approaches according to the general list |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
|
Adult family members of the deceased (deceased, declared missing) tenant of official residential premises of the state housing stock - during the validity period of the contract for hiring official residential premises of the state housing stock concluded in accordance with legislative acts |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
Loan or subsidy of your choice |
|
Large families |
Out of order, that is, when the queue approaches according to the corresponding separate list |
1% per annum for a period not exceeding 40 years |
Loan or subsidy of your choice |
Citizens whose family includes children with disabilities, as well as people with disabilities from childhood of groups I and II |
Out of order, that is, when the queue approaches according to the corresponding separate list |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
Right to joint use of preferential credit and subsidies |
Citizens who fell ill and suffered from radiation sickness caused by the consequences of the Chernobyl nuclear power plant disaster, other radiation accidents, disabled people, in respect of whom a causal relationship of injury or disease that led to disability has been established with the Chernobyl nuclear power plant disaster, other radiation accidents |
Out of order, that is, when the queue approaches according to the corresponding separate list |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
Right to joint use of preferential credit and subsidies |
Veterans of military operations on the territory of other states from among the categories of citizens provided for in clauses 1–3 of part 1 of Art. 3 of the Law of the Republic of Belarus No. 1594-XII of April 17, 1992 "On Veterans" |
Only when the queue approaches according to the general list |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
Right to joint use of preferential credit and subsidies |
Citizens living in residential premises recognized in accordance with the established procedure as unfit for habitation |
Only when the queue approaches according to the general list |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
Right to joint use of preferential credit and subsidies |
Adult young citizens who are laureates of the special fund of the President of the Republic of Belarus for the social support of gifted students and (or) the special fund of the President of the Republic of Belarus for the support of talented youth - in agreement with the Ministry of Education, the Ministry of Culture and in accordance with the documents confirming such a title . Under Decree No. 13, young citizens are understood to mean persons under the age of 31 |
Only when the queue approaches according to the general list |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
Loan or subsidy of your choice |
Citizens who have been awarded scholarships of the President of the Republic of Belarus to talented young scientists - in agreement with the National Academy of Sciences of Belarus and in accordance with the documents confirming the appointment of these scholarships issued by the organizations that paid them |
Only when the queue approaches according to the general list |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
Loan or subsidy of your choice |
Citizens who have been living for at least 10 years in dormitories, in residential premises of the state housing stock under contracts for sublease of residential premises, in residential premises of private housing stock under contracts for hiring residential premises, who, including cohabiting family members and separately residing spouses, do not have ownership of residential premises (the total area of residential premises attributable to a share in the common ownership of residential premises), including those located in other settlements of the Republic of Belarus |
Out of order, that is, when the queue approaches according to the corresponding separate list |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
Loan or subsidy of your choice |
Citizens engaged in the construction (reconstruction) or acquisition of residential premises in settlements with a population of up to 20 thousand people |
Only when the queue approaches according to the general list |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
Loan or subsidy of your choice |
Judges and prosecutors |
Only when the queue approaches according to the general list |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
Credit or subsidy of your choice |
Young families with 2 minor children as of the date of approval of the lists for soft loans |
Only when the queue approaches according to the general list |
50% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
The right to a soft loan and a subsidy for the repayment of a soft loan, or only a subsidy for construction |
For citizens permanently residing and working in settlements with a population of up to 20 thousand people and belonging to one of the above categories |
Only when the queue approaches according to the general list |
10% of the refinancing rate (but not less than 3%) for a period not exceeding 20 years |
Not eligible for a subsidy |
What about retroactive?
All of the above changes to legal regulation providing state support to citizens who need to improve their living conditions, do not cause difficulties for understanding them from a legal point of view.
Some difficulty for legal assessment causes the norm enshrined in paragraph 11 of Decree No. 13, according to which all state bodies empowered to approve lists of concessional lending must review the lists approved by them, taking into account the provisions of Decree No. 13. The fact that we are talking on the revision of the approved lists in general, without indicating any limiting signs(for example, the time of their approval or the complete fulfillment of obligations under the agreements concluded on their basis). But in this case, we are dealing with a huge number of decisions of the relevant state bodies that were adopted in accordance with the legislation that was in force at a certain period of time in the past, and could serve as the basis for the emergence of legal relations that have both ceased to date and are still ongoing.
Clause 8 of Decree No. 13 obliges JSC "JSSB Belarusbank" to provide soft loans to citizens who do not belong to the categories eligible for a soft loan today, but who have entered into loan agreements before the entry into force of Decree No. 13, within the limits of open credit lines on the date the entry into force of Decree No. 13.
Although the legislator does not link the above two norms in any way, it can be assumed that the revision of the lists should be carried out in relation to persons who have not entered into loan agreements, as well as in relation to those who have entered into a loan agreement, but are entitled to a preferential loan in accordance with the Decree No. 13.
Thus, it is obvious that Decree No. 13 will apply to relations that arose before its entry into force.
An analysis of the legislation of the Republic of Belarus for the possibility of giving retroactive effect to a normative legal act shows that this issue is regulated by only two norms of general legislation: Art. 104 of the Constitution of the Republic (hereinafter - the Constitution) and art. 67 of the Law of the Republic of Belarus dated 10.01.2000 No. 361-Z "On regulatory legal acts of the Republic of Belarus" (hereinafter - the Law on NLA).
In Art. 104 Constitution established general principle stating that the law has no retroactive effect, except in cases where it mitigates or cancels the responsibility of citizens. But it is obvious that this article refers to the law in the narrow sense of the word, that is, as separate view regulatory legal acts adopted by the National Assembly of the Republic of Belarus. Also, Chapter 4 of the Constitution, which defines the status of the National Assembly, contains a ban on the adoption of a law on the delegation of legislative powers to the President, allowing him to adopt retroactive norms. However, these provisions of the Constitution are not applicable to regulate the validity of Decree No. 13 in time.
In accordance with Part 1 of Art. 67 of the Law on legal acts, a normative legal act does not have retroactive effect, that is, it does not extend its effect to relations that arose before its entry into force. There are only two exceptions to this rule:
- when a normative legal act mitigates or cancels liability;
- when, upon the enactment of a normative legal act, it is expressly provided that it extends its effect to the relations that arose before its entry into force, either in the act itself or in the act on the enactment of the normative legal act.
The possibility of retroactively giving a regulatory legal act and the mechanism for its implementation is enshrined in Part 2 of Art. 67 of the Law on legal acts:
- giving retroactive effect to a normative legal act is not allowed if it provides for the introduction or strengthening of the responsibility of citizens;
- normative legal acts that otherwise worsen the situation of citizens, do not have retroactive effect, unless otherwise (that is, giving retroactive effect) is not provided for by legislative acts of the Republic of Belarus.
In this way, legislative acts, which do not provide for the introduction or strengthening of liability, but worsen the situation of citizens, may have retroactive effect, if this is expressly provided for when they are put into effect.
Legislative acts in accordance with Art. 1 of the Law on NLA are the Constitution of the Republic of Belarus, laws of the Republic of Belarus, decrees and decrees of the President of the Republic of Belarus.
Decree No. 13 does not contain a direct indication of giving it retroactive effect, and contrary to the fact, it directly provides that, with the exception of certain norms, it enters into force after official publication. At the same time, it follows from the norm of paragraph 11 that all the requirements of Decree No. 13 regarding the approval of lists apply, including to relations that took place earlier, that is, they have retroactive effect. As a result, it can be concluded that Decree No. 13 is not endowed with retroactive effect in accordance with the requirements of the Law on NLA, since giving it retroactive effect is not directly provided for, but only indirectly follows from the requirement of paragraph 11.
But even if we adhere to the conclusion that the provisions of Decree No. 13 were given retroactive effect not in accordance with the requirements of Art. 67 of the Law on NLA, this does not affect the application of Decree No. 13, since in accordance with Part 3 of Art. 10 of the NPA Law, in the event of a discrepancy between a decree or decree and the law, the law shall prevail only when the authority to issue a decree or decree has been granted by law. Decree No. 13 was issued not on the basis of a law delegating the relevant powers, but within the framework of the exercise of the powers of the President of the Republic of Belarus, therefore it has supremacy over the Law on NPA and other laws. Accordingly, even if the Law on NLA conflicts with Decree No. 13, the latter will prevail.
In addition, it should be noted that Decree No. 13 does not cancel Decree No. 185, but recognizes it as invalid, that is, deprives it of legal force not from the moment of its adoption, but from 17.01.2012. Therefore, it thereby establishes that the relations taking place before 01/17/2012 are regulated by Decree No. 185, which is in force during this period. So, for example, if a dispute arose from relations regarding approval in the soft lending lists that took place in 2005, its resolution should be guided by the norms of Decree No. 185, and not Decree No. 13, since Decree No. 185 is valid for a period of time until 17.01.2012.
This allows you to speak about the presence of some alleged conflict between Decree No. 185, which had legal force in the past, and Decree No. 13, which entered into force on 01/17/2012, but contains a requirement to regulate relations that took place before its adoption.
In general, in the absence of a direct indication in the Decree No. 13 itself that it has retroactive effect with respect to certain legal relations, and at the same time there is a rule that it enters into force after its official publication, the provision of paragraph 11 seems to deviate from the general concept Decree No. 13. However, as the analysis of the legislation shows, this does not affect the obligatory nature of this norm for application.
"Personal lawyer", No. 2/2012