Concessional loan Decree 13. On some issues of providing citizens with state support during the construction (reconstruction) or acquisition of residential premises
Concessional lending is regulated in accordance with Decree of the President of the Republic of Belarus dated 06.01.2012 No. 13 “On some issues of providing citizens with state support during the construction (reconstruction) or acquisition of residential premises” (hereinafter - Decree No. 13).
Large families:
Question: We are a large family (5 people), we were sent to the construction of a three-room apartment with a total area of \u200b\u200b92.8 sq.m, what kind of state assistance can we count on?
Answer:For one member of a large family, 20 sq. M. Is credited *, which means that (if the family members do not have a dwelling on the basis of ownership, a share in the right of ownership of residential premises throughout the Republic of Belarus **) a preferential loan will cover the entire area of \u200b\u200bthe apartment 5x20 \u003d 100 sq.m., while the conditions for lending to a large family at 1% for 40 years ***, with repayment by the state of 75% of the amount of payments (paragraph 1.12 of paragraph 1 of Decree No. 13).
Question: And if we own a one-room apartment with a total area of \u200b\u200b37.2 sq.m?
Answer: In such cases, the size of the soft loan is reduced (paragraph 1.6 of paragraph 1 of Decree No. 13) by 37.2 sq.m and will be 62.8 sq.m (100-37.2 \u003d 62.8 sq.m).
Question:So, a soft loan does not cover the entire cost of an apartment under construction?
Answer:Yes, the terms of soft loans do not apply to “extra meters” and you can use a loan for citizens who need to improve their living conditions at the expense of the bank’s resources, or pay off the balance with your own funds.
Question:But is it possible to somehow get rid of our one-room apartment, so that it is not taken into account in preferential lending, for example, to transfer to mom?
Answer:In case of giving the apartment for 3 years, the total area of \u200b\u200bthe donated apartment will still be taken into account when calculating the soft loan.
Question:And if we want to sell it?
Answer:In the case of its sale, in addition to taking into account the total area of \u200b\u200bthe apartment sold when calculating a soft loan for 3 years, it should be borne in mind that the proceeds from this sale are not included in family income for calculating the average monthly total income for each member, giving the right to receive a soft loan, provided that the said funds are allocated for construction (reconstruction) or the purchase of residential premises (i.e., if these funds are not allocated for the construction of the apartment, when calculating the average monthly total income for each of its members, the criterion may be violated poverty, and there is no reason to get a soft loan).
Citizens who have lived in dormitories under lease / rent agreements for 10 years and have not owned residential premises (shares in the ownership of residential premises) in the Republic of Belarus:
Question:We have been registered with the needy since December 1988 and were sent to build a three-room apartment with a total area of \u200b\u200b76.4 square meters with a family of 4 people (himself, wife, son, born in 1996, daughter, born in 1997), we live in a hostel for more than 10 years, we do not own residential premises on the territory of the Republic of Belarus, what kind of soft loan do we apply for?
Answer: 15 sq.m x 4 people \u003d 60 sq.m *, at an interest rate of 20% of the refinancing rate of the National Bank, effective on the date of approval of the lists for soft loans, but not less than 5% (refinancing rate of the National Bank in June 2013 - 20%), i.e. 20% * 20% \u003d 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 the needy since 1988 and were sent to build a two-room apartment with a total area of \u200b\u200b61.6 sq.m. with a family of 3 people (himself, wife, mother), we have been living in a dormitory for more than 10 years, we do not own residential premises in the Republic Belarus, what soft loan are we applying for?
Answer: According to paragraph 5 of Decree No. 13, your mother does not belong to the family members of the borrower **, therefore, when calculating a soft loan, we will take into account 2 people (himself, wife). 15 sq.m x 2 people \u003d 30 sq. M. *, At an interest rate of 20% of the refinancing rate of the National Bank, effective on the date of approval of the lists for soft loans, but not less than 5% (refinancing rate of the National Bank in June 2013 - 23.5%), i.e. 20% * 20% \u003d 5% per annum for 20 years ***.
Question: I have been registered with the needy since 1987 and have been living in a dormitory for more than 10 years, I do not have ownership of residential premises (shares in the right of ownership). I was sent to build a one-room apartment in ZhSPK, what loan can I get?
Answer: during the construction of a one-room apartment by one person, the size of the privileged area will be 30 sq. m. *, under the conditions of 5% for 20 years ***.
Young families with two minor children on the date of approval of the lists for soft loans:
Question: We are a young family with 2 minor children registered in need since 1991 and independently entered into a shared construction agreement, can we get a loan for housing construction?
Answer:No, today it’s your turn. According to paragraphs 1.9 of paragraph 1 of Decree No. 13, soft loans are granted in order of priority, i.e. depending on the date of registration.
For information: today, in general, citizens who are registered in 1988-1989 have the right to receive construction loans and are entitled to receive preferential loans.
Question: We are a young family with 2 minor children and registered in need since 1988. We were sent to build a two-room apartment, how will it affect the size of the soft loan that we live with our parents in a two-room apartment, which they own by right of ownership?
Answer:No way. The private apartment of your parents will not be taken into account when calculating a soft loan, because according to paragraph 5 of Decree No. 13, they do not apply to members of the young family or to the family members of the borrower **. Therefore, the size of the soft loan will be 60 square meters * (15 square meters x 4 people) at an interest rate of 50% of the refinancing rate of the National Bank, valid on the date of approval of the lists for soft loans, but not less than 5% (refinancing rate of the National Bank Bank in June 2013), i.e. 20% * 50% \u003d 10% per annum for 20 years ***.
Alienation of residential premises built with the help of a soft loan (regulated in accordance with subparagraph 1.18 of paragraph 1 of Decree No. 13):
Question: We built an apartment with a soft loan and completely repaid the loan, in what cases can we sell it?
Answer:within five years from the date of repayment of the soft loan, alienation may be carried out by the relevant district, city executive and administrative body, local administration in the manner prescribed by law.
In case of refusal by the local administration to purchase 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 living conditions by the homeowner, through construction , reconstruction or acquisition of residential premises.
* Subparagraph 1.5 of paragraph 1 of Decree No. 13:
the standards of the total area of \u200b\u200bthe constructed (reconstructed) residential premises for determining the value of the soft 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 single-family apartment building - 30 sq. meters), and for citizens, constantly living and working in rural settlements and building (reconstructing) single-family or blocked residential buildings in them - 30 sq. m. meters (during the construction for one person of a single-family apartment 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 living space for health reasons, these standards for the total living space increase by 15 sq. meters for each family member who is entitled to an additional area of \u200b\u200bliving space on the listed grounds.
** Clause 5 of Decree No. 13 establishes the following terms and their definitions:
standardized size of the total living space - the total living space taken into account when determining the amount of a soft loan during construction (reconstruction) or the purchase of a living space, which is determined taking into account the total area of \u200b\u200bthe built (reconstructed) living space established in subparagraph 1.5 of paragraph 1 of Decree No. 13 premises and the total area of \u200b\u200bthe premises (owned) by the borrower and (or) members of his family of residential premises (including the total area of \u200b\u200bresidential premises attributable to shares (in) owned by the citizen and (or) members of his family in the common ownership right residential premises) located in the settlements of the Republic of Belarus;
family members of the borrower - spouse, minor children, children under 23 years of age who have not married and living with their parents, including those receiving vocational, specialized secondary, higher, postgraduate education in full-time education or mastering the content of educational programs for preparing persons for admission to educational institutions of the Republic of Belarus in full-time education in other settlements or undergoing military conscription, for which, in accordance with the law, the right to use the premises occupied by parents is retained.
*** Subparagraph 1.4 of paragraph 1 of Decree No. 13:
preferential loans for construction (reconstruction) or the purchase of residential premises are provided by the open joint-stock company Belarusbank Savings Bank.
The maximum amount of a soft loan for the construction (reconstruction) of a dwelling is determined by the standardized size of the total area of \u200b\u200bthe 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 \u200b\u200ba constructed (reconstructed) residential space established in subparagraph 1.5 of paragraph 1 of the Decree No. 13, and in terms of construction cost of 1 square. meters of the total living space 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 cost of building standardized sizes of the total living space of typical consumer qualities.
The maximum period for which soft loans are granted should not exceed 20 years (for large families - 40 years).
The interest for using these loans during the repayment period is established 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, valid at the date of approval of the lists for soft loans, but not less than 3 percent per annum;
for other categories of citizens specified in paragraphs three to sixteen of the first subparagraph 1.1 of paragraph 1 of Decree No. 13, in the amount of 20 percent of the refinancing rate of the National Bank, valid at the date of approval of the lists for soft loans, but not less than 5 percent per annum;
for young families with two minor children not belonging to the categories of citizens indicated in paragraphs three - sixteen of the first subparagraph 1.1 of paragraph 1 of Decree No. 13 - in the amount of 50 percent of the refinancing rate of the National Bank, valid on the date of approval of the lists for obtaining soft loans , but not less than 5 percent per annum.
The main issues received by the Ministry of Architecture 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 commercial loans received for the purchase of residential premises?
Answer. Under this decree, subsidies are granted only on contracts for commercial loans received for the construction and reconstruction of residential premises.
Answer. Subsidies for the repayment of interest and principal on commercial loans are granted to the category of citizens established by Decree of the President of the Republic of Belarus of January 6, 2012 No. 13 "On some issues of providing state support to citizens during construction (reconstruction) or the acquisition of residential premises" (hereinafter - Decree No. 13) subject to subparagraphs 1.8. and 1.10. Decree No. 240.
3. Question. Will the effect of Decree No. 13 be preserved?
Answer.Decree No. 13 will continue to apply in full to citizens who have already received preferential loans to repay the obligations assumed by JSC ASB Belarusbank and within the limits of the funds allocated for its implementation. New contracts by Decree No. 13 will be concluded only if there is available funds for this. The amount of funds for additional loans under Decree No. 13 will decrease every year, and from 2018, support will be practically provided 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 subsidies, citizens who are in need of housing registration need to be improved in housing conditions, they are invited to the executive committee at the place of their status in housing registration and suggest the construction of a dwelling in a particular house. With the consent of the citizen to the construction by Decree No. 240, he submits an application to the executive committee. The Executive Committee makes a decision on the provision of a subsidy with which a citizen applies to any bank operating under Decree No. 240, where a loan agreement is concluded on the terms of the bank and is submitted to the executive committee that made the decision on the subsidy. After that, a subsidy is paid.
5. Question. On what conditions are banks providing commercial loans for subsidies?
Answer.Banks provide commercial loans for the construction (reconstruction) of housing on their own conditions in each of them: loan term, loan amount, taking into account the solvency of the citizen, interest on the loan, loan size depending on the cost of the premises, etc.
In this case, we draw attention to the fact that the amount of the subsidy is included in the solvency of the citizen when calculating the size of the loan.
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 by decree No. 240, since subsidies under the decree will be granted only for commercial loans obtained on the basis of decisions of executive committees adopted by the procedure of Decree No. 240.
7. Question. Do I have the right to receive subsidies under Decree No. 240 if I have already received a soft loan under Decree No. 13?
Answer. Decree No. 240, as well as Decree No. 13, laid 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 to Belarusbank JSB OJSC or a loan subject to compensation of the 50% 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 seven families with many children are re-eligible. if the need for improvement of living conditions arises in connection with the birth (adoption, adoption) of children.
8. Question. How will the family receive the subsidy? Is it possible to get it in cash and manage it yourself?
Answer. The subsidy is provided in non-cash form and is sent to the bank that issued the commercial loan to repay part of the interest or principal for the citizen.
9. Question. How will it be determined what state support will be allocated to a citizen - by Decree No. 13 or by 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 corresponding region, city. If the funds under Decree No. 13 are fully used, 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 expires on 06/08/2017. Large and young families who have issued commercial loans for improving housing conditions and submitted to the executive committees a package of documents established by Decree No. 585 (confirmation of putting the house into operation, registration of ownership of the constructed dwelling and registration in it), until this date will receive a right to financial loan repayment assistance. All previously adopted decisions 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 ZhSPK regarding presidential decree No. 13 "On some issues of providing citizens with state support 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 soft loans, but did not manage to conclude an agreement with Belarusbank. The response to this request was signed by the first deputy minister of architecture and construction, Irina Arkhipova.
He dispelled the hopes of those who hoped to get a loan on the same terms.
“Decree No. 13 entered into force on January 17, 2012 (after its official publication). In addition, the previously effective Decree of April 14, 2000 No. 185“ On granting preferential loans to citizens and one-time subsidies for the construction (reconstruction) or acquisition of residential premises ”was declared null and void The procedure and conditions for granting preferential loans to citizens are provided for by Decree No. 13., - the response says, photos of which are posted on the semeistvo.by forum. “Thus, at present, there are no grounds for the conclusion of loan agreements with citizens (including those included in the lists of obtaining soft loans by local executive and administrative bodies or having allocated their own funds for the construction of residential premises) under Decree No. 185”.
The response acknowledges that "a normative legal act worsening the situation of citizens, imposing additional (increased) obligations as compared to pre-existing ones, or restricting rights or depriving existing rights does not have retroactive effect."However: "unless otherwise provided by legislative acts of the Republic of Belarus."
Earlier, representatives of the Ministry of Architecture and Construction reported that the turn of those in need of improved housing conditions last year was 866 thousand people. About 80 percent of it applied for soft loans. After the entry into force of Decree No. 13, soft loans will apply only to 30 - 35 percent of those in need.
"The decree on preferential loans for housing construction is caused by the need to streamline the queues of those who need to improve housing conditions and save money, - noted Irina Arkhipova in the broadcast of ONT channel "Open Format" on January 23. - Those categories of citizens who are eligible for a soft loan for housing construction will be reduced. Other citizens will be able to build housing in the future, relying on their own resources and resources, since the efforts made by the government will earn the country's economy. "
On some issues of providing citizens with state support during 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 during the construction (reconstruction) or acquisition of residential premises:
1. To establish that:
1.1. The right to receive soft loans for the construction (reconstruction) or the purchase of residential premises is granted:
military personnel *;
citizens who, in accordance with legislative acts, have the right to receive extraordinary housing premises for social use of the state housing fund;
able-bodied adult family members of the tenant of a residential building under a contract for the rental of social housing of the state housing stock in the event of his death or leaving for permanent residence in another residential building without
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* The definition of this category, the size and procedure for providing soft 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 Some Social and Legal Guarantees for Military Men, 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, recognized as missing) tenant of the official housing of the state housing stock - during the term of the contract for the rental of official housing of the state housing fund concluded in accordance with legislative acts;
low-income citizens of the Republic of Belarus, consisting
registered in need of better housing conditions (with the exception of citizens recognized as needing better housing conditions
on additional grounds provided by organizations
in collective agreements), from among:
large families;
citizens whose families include children with disabilities, as well as people with disabilities from childhood, groups I and II;
citizens who have become ill and have suffered radiation sickness caused by the consequences of the Chernobyl disaster, other radiation accidents, persons with disabilities who have been found to have a causal relationship between the injury or illness that led to disability, the disaster at the Chernobyl nuclear power plant, and 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 the first part of Article 3 of the Law of the Republic of Belarus of April 17, 1992 "On Veterans" (Vedamastz i Värho ў naga Saveta Respublіkі Belarus, 1992, No. 15, Article 249; National Register of Legal Acts of the Republic of Belarus, 2001, No. 67, 2/787);
citizens residing in residential premises recognized in the established manner unsuitable for living;
adult young citizens who are laureates of the special fund of the President of the Republic of Belarus for social support of gifted pupils and students and (or) the special fund of the President of the Republic of Belarus for support of talented youth, in coordination with the Ministry of Education, the Ministry of Culture and in accordance with documents confirming such rank. Young citizens in this Decree are understood to mean persons under the age of 31;
citizens who were awarded scholarships of the President of the Republic of Belarus by talented young scientists, in agreement with the National Academy of Sciences of Belarus and in accordance with documents confirming the appointment of these scholarships issued by organizations that paid them;
citizens who have been living for at least 10 years in dormitories, in residential premises of the state housing fund under lease agreements for residential premises, in residential premises of a private housing fund under rental agreements for residential premises, for whom, including cohabiting family members and separately living spouses, there are no ownership of residential premises (total area of \u200b\u200bresidential premises attributable to the share in the right of common ownership of residential premises), including those located in other settlements of the Republic of Belarus;
citizens carrying out construction (reconstruction) or the acquisition of residential premises in settlements with a population of up to 20 thousand people;
judges and prosecutors;
young families with two minor children on the date of approval of the lists for soft loans.
Foreign citizens and stateless persons permanently residing in the Republic of Belarus enjoy the right to receive soft loans for construction (reconstruction) or the 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 to provide soft loans, subsidies and other forms of state support for the construction (reconstruction) or acquisition of housing are determined by the Council of Ministers of the Republic of Belarus;
1.2. an extraordinary right to receive soft loans are:
large families;
citizens whose families include children with disabilities, as well as people with disabilities from childhood, groups I and II;
citizens who have suffered and suffered radiation sickness caused by the consequences of the Chernobyl disaster, other radiation accidents, people with disabilities who have been identified as having a causal relationship between the injury or illness that led to disability, the Chernobyl disaster, and other radiation accidents;
citizens living at least 10 years in dormitories, in residential premises of the state housing fund under lease agreements for residential premises, in residential premises of a private housing fund
under rental agreements for dwellings in which, including cohabiting family members and separately living spouses, are not owned dwellings (total area of \u200b\u200bdwellings attributable to the common ownership of dwellings), including those located in other populated areas points of the Republic of Belarus;
able-bodied adult family members of the tenant of a residential building under a contract for the rental of social housing of the state housing stock in the event of his death or departure
for permanent residence in another premises without
in the use of the living quarters of the state housing stock on the basis of a lease agreement or in the ownership of another residential building in this locality with a total area of \u200b\u200b15 sq. m. meters and more
(in Minsk - 10 square meters or more) per person who meets the sanitary and technical requirements established for living, - during the term of the contract for the rental of social housing of the state housing fund concluded in accordance with legislative acts with one of them ;
adult family members of the deceased (deceased, recognized missing) tenant of the official housing of the state housing stock - during the term of the contract for the rental of official housing of the state housing fund concluded in accordance with legislative acts;
1.3. Citizens of the Republic of Belarus entitled to receive soft loans (with the exception of citizens specified in the second and seventeenth paragraphs of the first subparagraph 1.1 of this paragraph) are entitled to receive one-time subsidies for the construction (reconstruction) or the purchase of residential premises.
The right to joint use of a soft loan and a one-time subsidy for the construction (reconstruction) or acquisition 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 fund;
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 residing in dwellings recognized as unsuitable for living in the established manner;
citizens who have suffered and suffered radiation sickness caused by the consequences of the disaster at the Chernobyl nuclear power plant, other radiation accidents, people with disabilities who have been found to have a causal relationship between injury or illness that led to disability and a catastrophe
at the Chernobyl nuclear power plant, other radiation accidents;
citizens whose families include children with disabilities, as well as people with disabilities from childhood I and II groups.
Citizens from among those entitled to a one-time subsidy for the construction (reconstruction) or purchase of residential premises, not specified in the second part of this subparagraph, are entitled to choose either soft loans or one-time subsidies and for the construction (reconstruction) or the purchase of residential premises .
One-time subsidies for construction (reconstruction) or the purchase of residential premises out of turn are provided to citizens who are entitled to receive extraordinary soft loans for these purposes.
Young families as well as permanent residents
and those working in rural areas are entitled to a one-time subsidy to pay off debt on a soft loan received for construction (reconstruction) or the purchase of residential premises.
A one-time subsidy for the repayment of debt on a soft loan received for construction (reconstruction) or the purchase of housing is provided to young families, as well as to citizens permanently living and working in rural areas, after putting the house into operation (purchase of housing) in equal shares in the terms established by the loan agreement.
Local budget funds for the provision of one-time subsidies for repayment of debt on soft loans are carried out monthly in accordance with the applications of the open joint-stock company Belarusbank Savings Bank.
Citizens entitled to one-time subsidies
for construction (reconstruction) or the acquisition of residential premises
and to repay soft loans, they can exercise the right to receive one of the types of one-time subsidies.
The provision of one-time subsidies for the construction (reconstruction) or the purchase of residential premises and debt repayment
for soft loans received for construction (reconstruction) or the purchase of residential premises, carried out on the terms and in the manner determined by the Council of Ministers of the Republic of Belarus;
1.4. preferential loans for construction (reconstruction) or the purchase of residential premises are provided by the open joint-stock company Saving Bank Belarusbank.
The maximum amount of a soft loan for the construction (reconstruction) of a dwelling is determined by the standardized size of the total area of \u200b\u200bthe dwelling, determined in accordance with subparagraph 1.6 of this paragraph, taking into account the standards of the total area of \u200b\u200bthe constructed (reconstructed) dwelling established
in subparagraph 1.5 of this paragraph, and in terms of construction cost of 1 sq. meters of the total area of \u200b\u200bthe dwelling 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 cost of building standardized sizes of the total area of \u200b\u200bdwellings of typical consumer qualities.
The maximum period for which soft loans are granted should not exceed 20 years (for large families - 40 years).
The interest for using these loans during the repayment period is established in the following amounts:
for large families - 1 percent per annum;
for citizens permanently living 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, valid at the date of approval of the lists for soft loans, but not less than 3 percent per annum;
for other categories of citizens specified in paragraphs three to sixteen of the first subparagraph 1.1 of this paragraph, in the amount of 20 percent of the refinancing rate of the National Bank, valid at the date of approval of the lists for obtaining soft 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 to sixteen of the first subparagraph 1.1 of this paragraph, in the amount of 50 percent of the refinancing rate of the National Bank, valid at the date of approval of the lists for soft loans, but not less than 5 percent per annum.
The margin of the open joint-stock company Saving 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 issuance of soft loans and the construction (reconstruction) of residential premises in settlements with a population of A population of over 20 thousand people is recalculated for interest on the use of soft loans taking into account the norms provided for in paragraph four of part four of this subparagraph on the date of the credit contract.
Families who have acquired the status of a large family after the conclusion of a loan agreement, the period for which soft loans are granted, increases to 40 years. The interest rate for the use of these loans during their repayment period 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 Belarusbank Savings Bank. If the family loses this status during the construction process, either
during the repayment period of a soft loan, the terms of soft credit do not change.
The cost of the construction of residential premises in rural areas, 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 erection of farm buildings provided for in the project in the amount of up to 20 percent of the cost of building standardized sizes of the total area of \u200b\u200bresidential premises of typical consumer qualities, defined in in accordance with subparagraph 1.6 of this paragraph;
1.5. the standards of the total area of \u200b\u200bthe constructed (reconstructed) residential premises for determining the value of the soft loan are set at 20 sq. m. meters (in Minsk - 15 square meters,
and for large families - 20 square meters. meters) per family member (during the construction of a one-room apartment for one person, a single-family apartment building - 30 square meters), and for citizens permanently residing
and those working in rural settlements and building (reconstructing) single-family or blocked residential buildings in them - 30 sq. m. meters (during the construction for one person of a single-family apartment 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 living space for health reasons, these standards for the total living space increase by 15 sq. meters for each family member who is entitled to an additional area of \u200b\u200bliving space on the listed grounds.
Citizens engaged in the construction (reconstruction) or acquisition of residential premises with a total area of \u200b\u200bless than 15 square meters. meters
(in Minsk - less than 10 square meters.) per person, soft loan is granted subject to the voluntary will of these citizens and members of their families included in the lists for soft loans, for deregistration in need of better housing conditions;
1.6. the lists for soft loans indicate the standardized sizes of the total area of \u200b\u200bthe dwelling, which are set minus the total area of \u200b\u200bdwellings owned by the borrower and members of his family (including the total area of \u200b\u200bdwellings attributable to shares in the borrower and his family members common ownership of residential premises), as well as the total area of \u200b\u200bresidential premises located
owned and disposed of 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 \u200b\u200bresidential premises attributable to
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 \u200b\u200bthe dwelling attributable to the share in the right of common ownership of the dwelling is determined on the basis of the total area of \u200b\u200bthe dwelling in proportion to the size of the share in the right of common ownership of the dwelling.
The total area of \u200b\u200bresidential premises owned by the borrower and members of his family (including the total area of \u200b\u200bresidential premises attributable to the shares held by the borrower and his family members in the right of common ownership of residential premises), taken into account when establishing the standardized sizes of the total area of \u200b\u200bresidential premises for calculation of the amount of preferential credit is reduced by the standard of the total area established in subparagraph 1.5 of this paragraph per each remaining resident
in the accommodation of the borrower’s family member taken into account.
In case of alienation by the borrower and (or) members of his family of a dwelling that was in their ownership (their share in the right of common ownership of the dwelling) within 3 years
Prior to concluding a loan agreement and acquiring another dwelling (ownership of the common ownership of the dwelling) in ownership of the indicated dwellings (shares), a dwelling of a larger area (a share that accounts for a large area of \u200b\u200bthe dwelling) shall be taken into account.
The normalized sizes of the total area of \u200b\u200bthe living space taken into account for determining the value of the soft loan are set minus the total area of \u200b\u200bthe living spaces of the organizations of developers,
for which shares were paid by the borrower and (or) members of his family, and living quarters, for which the borrower and (or) members of his family paid the price of the shared construction object, and also taking into account the total area of \u200b\u200bthe living quarters in the commissioned residential houses (launch 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 \u200b\u200bthe living quarters that are taken into account for determining the amount of a preferential loan are set without taking into account the total area of \u200b\u200bthe living quarters (including the total area of \u200b\u200bthe living quarters attributable to the share of the common ownership of the living quarters):
for the reconstruction of which a soft loan is provided;
alienated (including in the alienation of a share in the right of common ownership) by the borrower and (or) members of his family to family members living together, if the total area of \u200b\u200bthe indicated premises (the total area of \u200b\u200bthe living quarters attributable to the share in the right of common ownership of the premises) is accepted calculation of standardized sizes of the total area to determine the size of a soft loan for a given family.
In the case of gratuitous transfer under the contract of donation by borrowers and (or) members of their families of residential premises (shares in the right of common ownership of residential premises), including those recognized in the established manner unsuitable for living, to local executive and administrative bodies, and military personnel - also to the Ministry defense and other government agencies with military units and militarized organizations, the standardized size of the total area of \u200b\u200bthe living quarters to determine the amount of soft loan toil into account in accordance with established procedure, excluding the area transferred premises (area of \u200b\u200bresidential premises attributable to the transferred share in the common ownership of the premises).
When changing the composition of the family of the borrower during the construction or reconstruction of the premises using a soft loan, the relying amount of the soft loan is recalculated.
The premises of the state housing stock occupied by the lease agreement, in which persons who retain the right to use them in accordance with the law do not remain, shall be leased to the lessor.
If during the construction (reconstruction) of a residential building, the borrower and (or) members of his family purchased the residential building (a share in the right of common ownership of the residential building) through privatization of the occupied residential building of the state housing stock, under a purchase and sale agreement, gifts, by inheritance and on other grounds stipulated by legislative acts, the estimated size of the soft loan shall be recalculated in accordance with this subparagraph;
1.7. soft loans for the construction (reconstruction) of residential premises are allocated taking into account the cost of the work on the design and estimate documentation.
When acquiring state-owned residential buildings (apartments) and buildings that are not completed under the purchase agreement for the calculation of the size of the soft loan allocated for the construction (conversion into residential premises) of these objects, their value at the time conclusion of the relevant contract, as well as the residual cost of construction (conversion into residential premises) of these objects.
With the free transfer of these objects, the size of the soft loan is calculated based on the residual value of their construction (conversion into residential premises), taking into account the standards provided for soft loans.
Purchase and sale or gratuitous transfers to developers of unfinished construction of residential houses (apartments) and inefficiently used buildings and structures with an indication of their value are concluded before the opening of a credit line by the open joint-stock company Belarusbank Savings Bank;
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) of the maximum loan amount allocated for the construction (reconstruction) of housing in accordance
with subparagraphs 1.4 - 1.6 of this paragraph (with the exception of residential premises built by organizations and individual entrepreneurs specially for sale), and the value of the estimated value of the acquired residential premises, determined in the manner established by the Council of Ministers of the Republic of Belarus.
Citizens who are registered in need of improved housing conditions at the place of residence, as well as at the place of work (service)
(with the exception of citizens registered in need of improving housing conditions at the place of work (service) in state bodies (except for district, city executive and administrative bodies, local administrations), who are entitled in accordance with the first part of subparagraph 1.9 of this paragraph to approve lists for obtaining soft loans, as well as in organizations that are part of their system or subordinate to them) that have expressed a desire to improve housing conditions by acquiring residential premises, are included by local executives by the relevant and regulatory authorities on the lists for obtaining soft loans in the event that in the community of the place of residence of citizens improving housing conditions (for citizens living in rural settlements, urban-type towns, cities of regional subordination, - within the boundaries of the corresponding region) , in the locality at the location of organizations that have accepted citizens for registration in need of improved housing conditions, residential buildings are not being constructed by means of shared participation or by development organizations Ikov created on the initiative of the local executive
and regulatory authorities.
Citizens who are registered in need of improving 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 the first part of subparagraph 1.9 of this paragraph to approve lists for soft loans, as well as in organizations included in their system or subordinate to them, who expressed a desire to improve housing conditions by acquiring residential premises, are included in the lists for obtaining soft loans loans in the event that in the locality at the place of purchase of housing is not carried out the construction of residential buildings by means of equity participation or by organizations of developers established both at the initiative of the relevant state bodies,
and at the initiative of local executive and regulatory authorities
with the participation of these government bodies.
Citizens who improve their living conditions through the purchase of residential premises built by organizations and individual entrepreneurs specially for sale, as well as large families that improve their living conditions through the purchase of residential premises, including in the secondary market, are included in the lists for obtaining soft loans regardless of restrictions, stipulated
in parts two and three of this subparagraph.
Concessional loans for the purchase of residential premises built by organizations and individual entrepreneurs specifically for sale are granted in the manner applicable to lending for the construction of residential premises;
1.9. preferential loans for construction (reconstruction) or the purchase of residential premises are provided according to the lists drawn up in accordance with the order of citizens who need to improve their living conditions and approved respectively by the district, city executive and administrative bodies, local administrations, the Ministry of Defense, the Ministry of the Interior, the Investigative Committee , Ministry of Emergency Situations, State Security Committee, State Border Committee, Free Service Hazard President of the Republic of Belarus, the Operational and Analytical Center under the President of th Republic of Belarus, the State Inspection of the animal and Flora Protection under the President of the Republic of Belarus, the State Control Committee. These state bodies (with the exception of district, city executive and administrative bodies, local administrations) are entitled to delegate the authority to approve lists for obtaining soft loans to organizations that are part of their system or subordinate to them. Citizens who are registered in need of better housing conditions and are entitled to receive soft loans are included in the lists within the limits of funds allocated for soft loans for the corresponding year. Approval of lists for soft loans by district, city executive
and regulatory authorities, local administrations is carried out taking into account the date of registration in need of improving housing conditions, determined by the district, city executive
and regulatory authorities. The basis for concluding a loan agreement for obtaining a soft loan from citizens arises after they are approved in the lists for soft loans. Approved lists are submitted to the open joint-stock company “Savings Bank” Belarusbank “for fully-formed organizations of developers no later than a month before the start of lending.
Citizens who are registered in need of improving housing conditions at the place of work (service), with the exception of citizens who are registered in need of improving housing conditions at the place of military service (work) in the Ministry of Defense, Ministry of Internal Affairs, Investigative Committee, 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 States of the inspection of flora and fauna 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, 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 has registered those in need of improved housing conditions.
Citizens who are registered in need of improved housing conditions at their place of residence, who wish to improve their living conditions by building (reconstructing) or acquiring residential premises in other settlements (with the exception of regional centers, Minsk and settlements of the Minsk region), are included upon their applications in the lists for obtaining soft loans by the relevant local executive and administrative bodies at the place of registration in need of improving housing conditions when taking citizens Anami and their families, which is included in the lists
for obtaining soft loans, obligations for their registration at the place of residence in built (reconstructed) or acquired
using preferential loans for residential premises.
Inclusion of citizens, including those registered in need of better housing at the place of work (service), military service (work) in the Ministry of Defense, the Ministry of the Interior, the Investigative Committee, the Ministry of Emergency Situations, the State Security Committee, the 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 Animal and Plant World Protection under the President Res ubliki of Belarus, the State Control Committee bodies and organizations within them or under them, in the lists for concessional loans is carried out in accordance with the legislation subject to voluntary will of the citizens and their family members on the deregistration 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 who are registered in need of improved housing conditions who have exercised their right to extraordinary inclusion
in the lists for soft loans, cannot be re-included in the named lists out of turn, regardless of the occurrence (presence) of reasons for their extraordinary inclusion in the lists for soft loans, with the exception of large families that exercise this right in accordance with paragraph 9 of this Decree.
Large families that have exercised their right to extraordinary inclusion in the lists for soft loans in accordance
with clause 9 of this Decree, as well as large families that have improved their living conditions by attracting a soft loan as part of the family of parents, are entitled to be included in the named lists out of turn in accordance with the named clause of this Decree only if there are reasons for registering those in need
in the improvement of living conditions they have arisen in connection with the birth, adoption, adoption of children;
1.10. Prior to concluding credit agreements with citizens who are members of developers' organizations, preferential loans for the construction (reconstruction) of residential premises can be granted to organizations that perform the functions of customers for the construction (reconstruction) of residential premises (hereinafter referred to as customers) * by concluding credit agreements for an amount of no more than 50 percent of the estimated cost of a residential building under construction (under reconstruction), indicating the interest paid for the use of soft loans, in the amounts determined in the fourth part of paragraph 1.4 of this paragraph. Soft loans are provided to customers for up to 6 months
subject to their subsequent re-registration as members of developers' organizations in proportion to the proportion of preferentially credited
areas of buildings under construction (reconstructed) on the conditions provided for by this Decree, before the end of the period for which they are provided.
After concluding loan agreements with citizens who are members of developers 'organizations, preferential loans for the construction (reconstruction) of residential premises can be granted to developers' organizations within the amount of credit lines open to citizens
with subsequent re-issuance of the loan to the members of the organizations of developers in proportion to the specific gravity of the concession-credited area of \u200b\u200bthe constructed (reconstructed) residential premises under the conditions provided for by this Decree, until the end of the period for which they are provided.
Classification of debt and credit risk assessment 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 adequacy of collateral.
Concessional loans for the construction (reconstruction) of residential buildings are provided to developers' organizations, to customers, subject to a state expert review of projects and estimates for the indicated facilities, permission of the state construction supervision body of the Republic of Belarus for construction and installation works issued to the customer, and construction contracts.
________________________
* 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, implemented those who are planning 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 re-issuing soft loans granted in accordance with parts one and two of this subparagraph
upon their repayment and payment of interest for the use of them, they are transferred to members of the organizations of developers from the date of issuing soft loans to these organizations on the conditions provided for in this Decree,
in proportion to the specific gravity of the preferentially credited area of \u200b\u200bthe constructed (reconstructed) residential premises to determine the value of the preferential loan.
If, at 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 or there are members of the organization of developers who have not entered into loan agreements for obtaining soft loans with the bank, the unreformed part a soft loan is repayable by the customer within three months with payment of increased interest in the amount of the refinancing rate increased by a margin of 3 percentage points kt, from the date of receipt of a soft loan by the customer. In this case, compensation for losses to the bank from the republican budget for the unreformed portion of the soft loan is not carried out.
In the case of the construction of a dwelling by citizens who have concluded agreements on the creation of shared construction objects, payment of the price of the shared construction object is carried out on the basis of monthly reports submitted by the developer on the cost of the work performed, the costs of the developer and the amount of the next installment to pay the cost of the construction of the residential building. The mentioned certificate includes advances, which should not exceed 50 percent of the cost of work to be completed in the next month, as well as targeted advances for the purchase of structures, materials and products;
1.11. the maximum period during which a soft loan is issued for the construction of single-family, as well as blocked residential buildings, must not exceed 3 years from the date of issue of the first part of the loan;
1.12. Repayment of debt on soft loans and interest payments for their use are carried out by citizens in equal shares during the entire loan repayment period:
upon purchase of residential premises - from the next month after the loan is issued;
during the construction (reconstruction) of single-family residential buildings in an economic way - from the next month after the house is commissioned
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;
during the construction of apartments in multi-apartment residential buildings, as well as during the construction of single-family residential buildings in a contractual manner - from the next month after entering the house (launch complex)
into operation, and in case of putting the house into operation (construction of apartments) without completing the full amount of work to ensure that the residential premises are fully operational, six months after the house is put into operation.
Families in which one of the parents after the birth of the second
and subsequent children are on maternity leave for children under the age of three years, a deferment in repayment of the loan debt (including interest for using the loan) granted for construction (reconstruction) or the purchase of housing is provided for the period of this holiday.
For large families, financial assistance from the state in repaying debt on soft loans is provided in the manner prescribed by the Council of Ministers of the Republic of Belarus, after the entry 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 soft loans at the date of submission by the borrowers to the open joint-stock company Saving Bank Belarusbank of the documents necessary for its receipt, and it appears in the following sizes:
in the presence of three minor children - 75 percent
of the amount of debt on loans issued;
in the presence of four or more minor children -
100 percent of the amount of outstanding loans.
Families at birth (adoption) of the third
and subsequent children after the conclusion of the loan agreement, financial assistance from the state in repaying debt on preferential 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 amount of state financial assistance provided to large families in repaying debts on soft loans issued taking into account the actual cost of the work on completing the construction of residential buildings, including exterior finishing, landscaping and landscaping, is carried out, which is transferred to favorable time period.
Large families that have received financial assistance in the amount of 30 or 50 percent with three children and 50 or 70 percent with four children are recalculated for financial assistance if there are at least three minor children in the family as of the date the loan recipients open the Savings Bank joint-stock company Belarusbank “documents required for its recalculation.
The amount of financial assistance when recalculated in accordance
with part six of this subparagraph, it 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.
The financial assistance of the state in repaying debt on soft loans is provided to young families at the birth (adoption, adoption) of the first and (or) second child after the conclusion of a loan agreement for the construction (reconstruction) or acquisition of residential premises.
For young families, financial assistance from the state in repaying debt on preferential 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 preferential loans as of the date the borrowers presented the open joint-stock company Savings Bank Belarusbank “documents required for its receipt, and is in the following sizes:
at birth (adoption) of the first child -
10 percent of the amount of outstanding loans;
at the birth (adoption) of the second child -
20 percent of the amount of outstanding loans.
For young families, recalculation of state financial assistance received in accordance with the legislation on previously existing conditions is not performed.
Recalculation of the amount of financial assistance of the state provided in accordance with this Decree to young families
in repayment of debt on soft loans issued taking into account the actual cost of the completion of the construction of residential buildings, including exterior decoration, landscaping and landscaping, the implementation of which when putting the houses into operation was postponed for a favorable period of time.
Documents required to receive financial assistance are submitted by large and young families to the open joint-stock company Belarusbank Savings Bank after the commissioning of a residential building (acquisition of residential premises).
Financial assistance from the state to large and young families
in repayment of debt on soft loans is provided in equal installments within the terms established by the loan agreement.
Payment of interest for the use of large and young families by a part of the soft loan to be repaid at the expense of the financial assistance of 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 monthly at current prices.
One-time subsidies are counted against citizens ’own funds to pay for the construction costs of the standardized sizes of the total living area of \u200b\u200btypical consumer qualities. The amount of contributed own funds is determined as the difference between the cost of housing and the amount of the received soft loan;
1.14. upon delivery of residential buildings (apartments) into operation without performing the full scope of work ensuring full readiness of residential premises for operation, the costs associated with the production of these works are charged to citizens' own funds allocated by them to finance the construction (reconstruction) of residential premises;
1.15. transfer of debt on a received soft loan 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 corresponding republican government body to a person who is registered in need of better housing conditions and who, in accordance with the law, has the right to receive soft loans loan for construction (reconstruction) or the acquisition of residential premises.
Soft loan debt obligation
and interest for using it may be assigned by a court decision to the spouse of the individual borrower, other family members, including former, who jointly improved housing conditions, applying for a share in the constructed dwelling, or in case of divorce, to the spouse ) of an individual borrower on the basis of a marriage or other contract (agreement) concluded
in writing in the prescribed manner;
1.16. residential buildings under construction (reconstructed, acquired), as well as residential buildings constructed (reconstructed, acquired) are pledged (mortgage) with the open joint-stock company Belarusbank Savings Bank. Wherein:
the right to pledge arises from the open joint-stock company Belarusbank Savings Bank from the moment of concluding the relevant loan agreement and terminates in the event of the termination of the loan obligation, the death of the mortgaged residential premises or the collection by the pledge holder in accordance with the procedure established by law;
a pledge (mortgage) of a building (structure) is carried out without a pledge (mortgage) of the land on which it is located;
claims of other mortgagees of dwellings built (reconstructed, acquired) with the help of soft loans are satisfied from the cost of these dwellings after satisfying the requirements of the open joint-stock company Saving Bank Belarusbank under the relevant loan agreements;
a pledge (mortgage) of the said dwellings is made according to the rules defined by the legislation that do not contradict this Decree;
1.17. Financing of expenses related to lending to housing is carried out within the limits approved by the law on the republican budget for the next financial year.
The distribution of lending volumes for housing construction by regions and the city of Minsk, depending on the need for soft loans of certain categories of citizens who, in accordance with the law, are entitled 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 right of ownership of these residential buildings built (reconstructed) or acquired with the help of a soft loan:
until its full repayment is not allowed;
within a year from the date of repayment of this loan may 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 to purchase a dwelling (its parts, shares in the right of ownership), built (reconstructed, acquired) with the help of a soft loan, sale, donation or exchange of the said dwelling (its parts, share in the right of ownership) 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 (per rides
to another locality, dissolution of marriage, death of the homeowner, etc.) or in the case of improvement of living conditions by the homeowner, recognized in the established manner in need of improving housing conditions, through the construction, reconstruction or acquisition of residential premises. Prior to repayment of the soft loan, the decision of the executive
and the regulatory body, local administration on the donation or exchange of the said dwelling (its parts, shares in the right of ownership) can be accepted only with the consent of the open joint-stock company “Savings Bank” Belarusbank “in the manner prescribed by law;
1.19. in the case of the sale by citizens of their residential premises, the proceeds from this sale
are not included in family income for calculating the average monthly total income for each of its members, giving the right to receive a soft loan, provided that these funds are allocated for construction (reconstruction) or the purchase of residential premises.
2. The responsibility for the illegal inclusion of citizens in the lists for obtaining soft loans for construction (reconstruction) or the purchase of residential premises shall be assigned to local executive and administrative bodies and heads of organizations (when registering citizens to register in need of improving housing conditions at the place of work), and control for the correct inclusion of citizens in these lists - to regional executive committees, Minsk City Executive Committee, Ministry of Defense, Ministry of Internal Affairs, Investigative Committee, Ministry
Emergency Situations Committee of State Security, 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 Animal Welfare
and flora under the President of the Republic of Belarus, the State Control Committee in accordance with their competence.
3. To grant the right to the open joint-stock company Savings Bank Belarusbank:
demand from district, city executive and administrative bodies, local administrations, from heads of organizations
(when registering citizens who need to improve their living conditions at the place of work) submitting additional documents confirming the legality of including citizens in the lists for obtaining soft loans;
in case of violations of the law when a citizen is included in the list, refuse to conclude a loan agreement with this citizen and appeal the decision of the district, city executive and administrative body, local administration
on inclusion in the list in the relevant regional executive committee (Minsk City Executive Committee), Ministry of Defense, Ministry of Internal Affairs, Investigative Committee, 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 Fauna and Flora under the President of the Republic of Belarus, State Control Committee with their competence;
not to lend to the construction of the facility in the absence of a project approved in the prescribed manner and passed the state examination, as well as without a contract and a permit for construction and installation works;
carry out control measurements of the volume of construction and installation work during the construction (reconstruction) of residential premises
using preferential loans;
in case of revealing an overestimation of the volume or cost of construction and installation work and expenses incurred during the construction (reconstruction) of residential premises using soft loans:
withhold in the prescribed manner from the contractor for the next payment of the construction and installation works performed by him, the amounts of such overstatement revealed during construction;
recover from the contractor in an indisputable manner on the basis of the decision of the bank, which is the executive document, and send to the repayment of soft loans the amounts of the specified overstatement revealed after the commissioning of the facility and (or) upon termination (suspension) by the contracting organization of work at the facility.
4. Compensation for losses of the open joint-stock company “Savings Bank” Belarusbank “associated with the provision of soft loans to citizens, as well as to organizations of developers and customers
at the expense of own funds of the named joint-stock company, it is carried out from the republican budget every month for the entire period for which these loans are provided.
5. For the purposes of this Edict, the following terms apply.
and their definitions:
dwelling - a single-apartment 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 divisions of organizations and their structural units 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 receiving pensions and (or) state benefits, who worked in such settlements for at least 5 years before retiring (receiving state benefits) (except for citizens whose family members 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 the settlements
with a population of up to 20 thousand people engaged in entrepreneurial and craft activities, activities in the field of agroecotourism in the territory of the respective settlement;
young family - a family in which at least one of the spouses (a parent in a single-parent family) was under the age of 31 on the date of registration of those who need improvement in housing conditions, and for citizens who are registered in need of improvement of housing conditions before joining marriage (birth, adoption, adoption of a child), -
on the date of marriage (birth, adoption, adoption of a child). Members of a young family include a spouse and their children (relatives, adopted, adopted);
large family - a family with three or more minor children. Members of a large family include the spouse and their children (relatives, adopted, adopted). To obtain soft loans or one-time subsidies for the construction (reconstruction) or purchase of housing, large families are recognized as families included in the lists of large families that need to improve their living conditions and are entitled to receive soft loans or one-time subsidies, which at the date of conclusion of the loan agreement or at least three children under the age of 23 years who have not married and who live together with their parents, including those receiving professional Essential-technical, specialized secondary, higher, postgraduate education in full-time education or mastering the content of the educational program for preparing persons for admission to educational institutions of the Republic of Belarus in full-time education in other towns or undergoing military conscription, for which In accordance with the law, the right to use the premises occupied by the parents is retained. To receive financial assistance from the state in repaying debt on preferential loans, families with many children are recognized as families that carry out construction (reconstruction) or purchase residential premises and have three or more minor children at the date of the conclusion of the loan agreement, as well as families with birth (adoption, adoption) third and subsequent children after the conclusion of a loan agreement of three or more minor children on the date of birth (adoption, adoption) of the child (taking into account the born, synovlennogo, adoptions);
standardized size of the total area of \u200b\u200ba dwelling - the total area of \u200b\u200ba dwelling, taken into account when determining the amount of a soft loan during construction (reconstruction) or the 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 of the total area of \u200b\u200bthe constructed (reconstructed) residential premises and the total area owned (owned) by the borrower
and (or) members of his family of residential premises (including the total area of \u200b\u200bresidential premises attributable to shares owned by (owned) by the citizen and (or) members of his family in the right of common ownership of residential premises) located in the settlements of the Republic of Belarus;
family members of the borrower - spouse, minor children, children under 23 years of age who have not entered into marriage and living
together with parents, including those receiving vocational, secondary, higher, postgraduate education in full-time education or mastering the content of the educational program for preparing persons for admission to educational institutions of the Republic of Belarus in full-time education in other settlements or undergoing military service on appeal, for which, in accordance with the law, the right to use the premises occupied by the parents is retained.
6. To include in the Regulation on the organizations of developers, approved by Decree of the President of the Republic of Belarus of January 28, 2008 No. 43
"On the activities of organizations of developers, garage cooperatives
and cooperatives operating 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. paragraph 2 shall be supplemented with the thirteenth paragraph as follows:
”Family members of a member of the organization of developers whose house is not completed (the reconstruction of the house has not been completed) - spouse, spouse, children, parents, other relatives, relatives, disabled dependents, former family members registered with the needy
in improving housing conditions with a member of the organization of developers whose house is not completed by construction (reconstruction of the house is not completed); “;
6.2. in clause 8:
in part two:
in the second paragraph of the word "according to the Decree of the President of the Republic of Belarus dated April 14, 2000 No. 185" On the provision of preferential loans to citizens and one-time subsidies for the construction (reconstruction) or acquisition of residential premises "(National Register of Legal Acts of the Republic of Belarus, 2000, No. 38, 1/1172) “replace with words” in accordance
with legislative acts “;
after the second paragraph, add part to the following paragraphs:
”From among judges and prosecutors;
living in Minsk and having a total living space of less than 10 square meters. meters per person - for organizations of developers formed in Minsk; “;
delete the third part;
in the fourth part of the word “fourth”, ”with the exception of the case specified in part six of subparagraph 1.10 of paragraph 1 of the Decree of the President of the Republic of Belarus dated April 14, 2000 No. 185“ replace accordingly with the words “third“, ”unless otherwise specified by the President of the Republic of Belarus“ ;
6.3. the first part of paragraph 23 shall be worded as follows:
”23. Upon termination of membership in the organization of developers of a citizen who has accumulation in it, who is not the owner of the dwelling, with the exception of cases provided for in paragraphs 24 and 241 of these Regulations, one of the family members of a former member of this organization or another has the preemptive right to join it a person entitled to part of the accumulation (who participated
in the payment of accumulations). “;
6.4. to supplement the Regulation with paragraph 241 of the following content:
”241. Upon termination of membership in the organization of developers, the house of which is not completed by construction (reconstruction of the house is not completed), formed from the number of citizens registered in need
in the improvement of living conditions at the place of work (service), the outgoing member of the organization of developers returns the funds contributed for the construction, reconstruction of the house (with self-financing of construction, reconstruction of the house), or accumulation of funds (for financing 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, other state organization, at the place of work (service) of which was registered with the needy
in improving housing conditions, a retiring member of the organization of developers, in accordance with clause 8 of these Regulations, a citizen is sent to be included in the organization of developers, who is registered in need of improvement of living conditions at the place of work (service) in this state body (organization); “;
6.5. in paragraph 28:
from the paragraph of the fourth part of the first word ", including living together with him," to exclude;
in part two:
after the fourth paragraph, add a paragraph to the following paragraph:
”Transfer the right of accumulation to a family member or other person,
with the exception of the case of membership in the organization of developers, the house of which is not completed by construction (the reconstruction of the house has not been completed), formed from the number of citizens registered in need
in the improvement of housing conditions at the place of work (service); “;
6.6. in the second part of paragraph 29:
after the third paragraph, add a paragraph to the following paragraph:
”Upon termination of membership in the organization of developers in connection
with voluntary withdrawal from this organization, notify family members of this, except for the case of termination of membership in the organization of developers, formed from the number of citizens registered who need to improve housing conditions at the place of work (service); “;
6.7. paragraph 45 after the words “ninth”, add the words “part one”.
7. Recognize invalid the decrees of the President of the Republic of Belarus and their individual provisions in accordance with the annex.
8. Open Joint-Stock Company “Savings Bank” Belarusbank “:
provision of soft loans to citizens who entered into loan agreements prior to the entry into force of this Edict, but not related
to the categories defined in the first part of subparagraph 1.1 of paragraph 1 of this Edict, to be carried out on the terms provided for by concluded credit agreements, within the limits of the amount of credit lines open at the date of entry into force of this Edict;
to ensure coordination with the Ministry of Architecture and Construction and the Ministry of Justice of its decisions on the provision of preferential loans to citizens for construction (reconstruction) or the purchase of residential premises.
9. The district, city executive and administrative bodies, local administrations shall ensure:
maintaining separate lists of large families in need
in improving housing conditions, for the extraordinary receipt of soft loans or one-time subsidies with a separate list of large families with four or more minor children;
inclusion of large families in members of the organization of developers (conclusion of an agreement on the creation of an object of shared construction)
in accordance with the established procedure, within a year from the day of submission 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 soft loans for the construction of single-family, blocked residential buildings (apartments), reconstruction or acquisition of residential premises
(including on the secondary housing market) within a month from the date of filing by large families with applications with the necessary documents;
in accordance with the established procedure, together with the open joint-stock company Saving Bank Belarusbank, timely allocation of large families, having, in accordance with legislative acts, the right to receive state support for the construction (reconstruction) or acquisition of residential premises (including in the secondary housing market), subsidies or soft loans.
10. Provincial executive committees and the Minsk city executive committee to provide:
together with the open joint-stock company “Savings Bank” Belarusbank “control over the targeted use of soft loans allocated for the construction (reconstruction) or acquisition of residential premises;
providing large families with land 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 Emergencies, 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 Animal and Plant World Protection under
The President of the Republic of Belarus, the State Control Committee to ensure the revision of the lists of citizens for soft loans
subject to the provisions of this Edict.
12. The validity of the fifth part of subparagraph 1.3 of paragraph 1 of this Decree extends to concessional loan agreements, under which on July 1, 2011 soft loans or soft loans for construction (reconstruction) or acquisition of residential premises were not issued and a one-time building subsidy ( reconstruction) or the acquisition of residential premises was not provided, as well as on newly concluded loan agreements.
The effect of part seven of subparagraph 1.4, parts of the second to fourteenth subparagraph 1.12 of paragraph 1 of this Decree applies 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 Edict applies to newly concluded loan agreements, as well as
on previously concluded loan agreements, including those on which lending is carried out.
The validity of subparagraph 1.16 of paragraph 1 of this Decree extends to dwellings begun by construction (reconstruction) and constructed (reconstructed, acquired) with attraction of soft loans before the entry into force of this Decree.
The validity of subparagraph 1.18 of paragraph 1 of this Decree extends to residential premises built (reconstructed) or purchased 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 to ensure the harmonization of legislative acts with this Decree.
14. The control over the implementation of this Decree is assigned to the State Control Committee.
15. This Decree shall enter into force after its official publication.
President of the Republic of Belarus A. Lukashenko
A month has passed since the 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 Buildings” (hereinafter - Decree No. 13) came into force.
At the same time, Decree of the President of the Republic of Belarus dated 14.04.2000 No. 185 “On the provision of preferential loans and one-time subsidies for the construction (reconstruction) or acquisition of residential premises” (hereinafter - Decree No. 185) has lost force. The change that has occurred can be confidently called a reform of the state support system for citizens who need better housing conditions.
Advantages and disadvantages
Having concentrated attention on the main changes, it is necessary to note at first the most important points.
Firstly, the standards for the total area of \u200b\u200bthe constructed (reconstructed) residential premises to determine the amount of preferential credit have been reduced:
- from 20 sq.m to 15 sq.m for each member of the family - for persons who are registered in need of improved housing conditions in the city of Minsk (with the exception of large families);
- from 36 sq.m to 30 sq.m during the construction of a one-room apartment for one person.
Secondly, the standardized dimensions of the total area of \u200b\u200bthe dwelling are established minus the total area of \u200b\u200bthe dwellings owned by the borrower and his family members on the territory of the whole Republic of Belarus, in contrast to the norms of Decree No. 185, in accordance with which dwellings located in the community at the place of residence and (or) at the place of improvement of the borrower's housing conditions were taken into account.
Thirdly, significantly reduced the number of persons entitled to provide state support: if, in accordance with Decree No. 185, a citizen who improves his living conditions in order of priority had the right to receive a soft loan regardless of the category of accounting, then according to clause 1.9 of Decree No. 13, soft loans are provided on lists drawn up also in accordance with the order of citizens in need in home improvement but inclusion in these lists is additionally due to the citizen being assigned to one of the categories,listed in clause 1.1 of Decree No. 13. In the event that a person does not belong to any of the preferential categories, he does not have the right to state support, regardless of the length of the registration period. In addition, the number of categories of citizens eligible for extraordinary inclusion in the lists of soft loans and citizens eligible for the joint use of soft loans and subsidies has been reduced compared to Decree No. 185.
Fourth, the interest rate on a soft loan at the time of entry into force of Decree No. 13 may vary from 1 to 22.5% per annum. Before the entry into force of Decree No. 13, it could not exceed 5%.
However, it should be noted that not all changes are aimed at reducing the volume of state support. Separate norms of Decree No. 13 improve the legal status of borrowers. For example, the amount of financial assistance for the repayment of soft loans for large families was increased from 50% to 75% of the amount of soft loan debt in the presence of 3 minor children and from 75% to 100% for families with 4 or more minor children as of conclusion of a loan agreement.
Also, in accordance with paragraph 1.12 of Decree No. 13, to families in which one of the parents, after the birth of the 2nd and subsequent children, is on maternity leave for a child under the age of 3, loan deferral is granted (including interest on the loan) while you are on such leave. It should be noted that according to Art. 185 of the Labor Code of the Republic of Belarus, leave to care for a child up to the age of 3 years, instead of the mother of the child, is provided to the working father or other relatives of the child who is actually caring for the child, and when guardianship is appointed, to the child's guardian. However, 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?
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 soft loan |
Lending terms |
Eligibility for subsidy |
|
Military personnel |
5% per annum for a period not exceeding 20 years |
No eligibility for 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 approaching the queue on the general list |
||
Able-bodied adult family members of a tenant of a residential building under a contract for the rental of social housing of the state housing stock in the event of his death or leaving for permanent residence in another residential building, not using the public housing on the basis of a rental contract or in the ownership of another residential building in this settlement with a total area of \u200b\u200b15 sq. m or more (in Minsk - 10 sq. m or more) for 1 person meeting the established requirements for living itarnym and technical requirements - over the life of the prisoner, in accordance with the legislation of one of their contract of employment premises of social use of public housing |
Only when approaching the queue on 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, recognized as missing) tenant of the official housing of the public housing stock - during the term of the contract for the rental of official public housing of the public 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 choice |
|
Large families |
Extraordinary, that is, when the queue approaches the corresponding separate list |
1% per annum for a period not exceeding 40 years |
Loan or subsidy of choice |
Citizens whose family includes children with disabilities, as well as people with disabilities from childhood, I and II groups |
Extraordinary, that is, when the queue approaches the corresponding separate list |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
The right to share concessional loans and subsidies |
Citizens who have suffered and suffered radiation sickness caused by the consequences of the Chernobyl disaster, other radiation accidents, people with disabilities who have been found to have a causal relationship between the injury or illness that led to disability, the Chernobyl disaster, and other radiation accidents |
Extraordinary, that is, when the queue approaches the corresponding separate list |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
The right to share concessional loans and subsidies |
Veterans of military operations on the territory of other states from among the categories of citizens provided for in paragraphs 1-3 of Part 1 of Art. 3 of the Law of the Republic of Belarus No. 1594-XII dated 04/17/1992 "On Veterans" |
Only when approaching the queue on the general list |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
The right to share concessional loans and subsidies |
Citizens residing in dwellings recognized in the established manner unsuitable for living |
Only when approaching the queue on the general list |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
The right to share concessional loans and subsidies |
Adult young citizens who are laureates of the special fund of the President of the Republic of Belarus for social support of gifted pupils and students and (or) the special fund of the President of the Republic of Belarus for support of talented youth - in coordination with the Ministry of Education, the Ministry of Culture and in accordance with documents confirming such title . Young citizens in Decree No. 13 mean persons under the age of 31 |
Only when approaching the queue on the general list |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
Loan or subsidy of choice |
Citizens who were 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 documents confirming the appointment of these scholarships, issued by organizations that paid them |
Only when approaching the queue on the general list |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
Loan or subsidy of choice |
Citizens who have been living for at least 10 years in dormitories, in residential premises of the state housing fund under lease agreements for housing, in residential premises of a private housing fund under rental agreements for housing, for which, including cohabiting family members and separately living spouses, there are no ownership of residential premises (the total area of \u200b\u200bresidential premises attributable to the share in the right of common ownership of residential premises), including those located in other settlements of the Republic of Belarus |
Extraordinary, that is, when the queue approaches 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 choice |
Citizens carrying out construction (reconstruction) or the purchase of residential premises in settlements with a population of up to 20 thousand people |
Only when approaching the queue on the general list |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
Loan or subsidy of choice |
Judges and prosecutors |
Only when approaching the queue on the general list |
20% of the refinancing rate (but not less than 5%) for a period not exceeding 20 years |
Loan or subsidy of choice |
Young families with 2 minor children on the date of approval of lists for soft loans |
Only when approaching the queue on 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 to a subsidy to repay a soft loan or only to 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 approaching the queue on the general list |
10% of the refinancing rate (but not less than 3%) for a period not exceeding 20 years |
No eligibility for subsidy |
What to do with retroactive force?
All the changes described above in the legal regulation of the provision of state support to citizens in need of better housing conditions do not cause difficulties for them from a legal point of view.
A certain difficulty for the legal assessment is caused by the norm enshrined in clause 11 of Decree No. 13, according to which all government bodies with the authority to approve soft loan lists should review their approved lists taking into account the provisions of Decree No. 13. Interest is caused by the fact that it is a review of the approved lists in general, without indicating any limiting signs (for example, the time of their approval or the full fulfillment of obligations under 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 according to the legislation in force in a certain period of time in the past, and could serve as the basis for the emergence of legal relations that have ceased to date, and are still ongoing.
Clause 8 of Decree No. 13 obliges JSB Belarusbank to provide preferential loans to citizens who are not eligible for a preferential loan today, but who have entered into loan agreements before the enactment of Decree No. 13, within the limits of open credit lines as of the date the entry into force of Decree No. 13.
Although the legislator does not bind the two above 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 respect of those who entered into a loan agreement, but who are entitled to provide soft loans in accordance with the Decree Number 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 regarding the possibility of giving retroactive effect to a normative legal act shows that only two norms of the general legislation regulate this issue: 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-З “On regulatory legal acts of the Republic of Belarus” (hereinafter - the Law on the Laws of the Republic of Belarus).
In Art. 104 of the Satversme establishes a general principle stating that the law is not retroactive, unless it mitigates or abolishes 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 a separate type of regulatory legal acts adopted by the National Assembly of the Republic of Belarus. Chapter 4 of the Constitution, which determines the status of the National Assembly, also prohibits the adoption of a law on the delegation of legislative powers to the President, which allows him to adopt retroactive norms. However, these provisions of the Constitution are not applicable to regulate the effect of Decree No. 13 in time.
In accordance with Part 1 of Art. 67 of the Law on NLA, a regulatory 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 regulatory act mitigates or cancels liability;
- when it is expressly provided for when a normative legal act enters into force that it extends its effect to relations that arose before its entry into force, either in the act itself or in the act on the enactment of a normative legal act.
The possibility of giving the regulatory legal act retroactive and the mechanism for its implementation is enshrined in part 2 of article 67 of the Law on NLA:
- giving retroactive effect to a normative legal act is not allowed if it provides for the introduction or strengthening of citizens' responsibility;
- normative legal acts that otherwise worsen the situation of citizens are not retroactive, unless otherwise provided (that is, retroactivity) is provided for by legislative acts of the Republic of Belarus.
Thus, legislative acts that do not provide for the introduction or strengthening of responsibility, but worsen the situation of citizens, can be retroactive if this is expressly provided for when they enter into force.
Legislative acts in accordance with Art. 1 of the Law on NAPs 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 force, but on the contrary, it expressly provides that, with the exception of certain rules, it shall enter into force after official publication. At the same time, it follows from the norm of clause 11 that all the requirements of Decree No. 13 regarding the approval of lists apply, inter alia, to relations that took place earlier, that is, they have retroactive effect. As a result, we can conclude that Decree No. 13 is not retroactive in accordance with the requirements of the Law on Laws of the Republic of Azerbaijan, since giving it retroactive force is not directly provided for, but only indirectly follows from the requirement of clause 11.
But even if we adhere to the conclusion that the retroactive force of the norms of Decree No. 13 was not given 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 Article 10 of the Law on NLAs in the event of a discrepancy between a decree or a decree and a 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 the law delegating the corresponding powers, but within the framework of the implementation of the powers of the President of the Republic of Belarus, therefore it has supremacy over the Law on the Law and Law and other laws. Accordingly, even in the event of a conflict between the Law on Laws and Laws, Decree No. 13 will prevail.
In addition, it should be noted that Decree No. 13 does not cancel Decree No. 185, but recognizes it as null and void, that is, deprives it of legal force not from the moment of its adoption, but from 01/17/2012. Consequently, it thereby establishes that relations that take place before 01/17/2012 are governed by Decree No. 185, which is valid during this period. So, for example, if a dispute arose from a relationship regarding the approval in the lists of soft loans that took place in 2005, when resolving it, one should be guided by the rules of Decree No. 185, and not Decree No. 13, since Decree No. 185 is valid for a period of time until 01/17/2012.
It allows you to talk 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 January 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 Decree No. 13 itself that it has retroactive effect in relation to certain legal relations, and at the same time there is a norm that it comes into force after its official publication, the provision of clause 11 seems to deviate from the general concept Decree No. 13. However, as analysis of the legislation shows, this does not affect the mandatory nature of this norm for application.
Personal Lawyer, No. 2/2012