Resolution of the Council of Ministers of the Republic of Belarus
No. 1430 of September 28, 2001
[Amended as of January 8, 2014)
On Order of Running the Register of Concession contracts
In accordance with indent seven of Article 6 and part two of Article 23 of the Law of the Republic of Belarus of July 12, 2013 “On concessions”, the Council of Ministers of the Republic of Belarus has decided:
To approve the attached Order of Running the State Register of Concession Contracts.
Deputy Prime Minister of the
Republic of Belarus A. KOBYAKOV
Resolution of the Council of Ministers
of the Republic of Belarus
No. 1430 of 28.09.2001
of Running the State Register of Concession contracts
1. The present Order shall regulate the procedure of running the State Register of Concession Contracts concluded with the Republic of Belarus and its administrative and territorial units (hereinafter – the Register) and the nomenclature of parameters of these contracts to be entered into the Register. The aim of running the Register is to register and systematize concluded concession contracts.
11. The present Order use terms in the meanings determined in Article 1 of the Law of the Republic of Belarus of July 12, 2013 “On concessions”.
2. The Register represent a list of concession contracts with some data about them.
3. Running the Register is carried out by the State Committee on Property (hereinafter – the Register holder).
4. The objects of accounting in the Register are as follows:
- full concession contracts;
- concession contracts on sharing products;
- concession contracts on rendering of services (performance of works).
5. The Register shall contain the following data:
- on the concessionary body;
- on the concessioner with indication for a legal person – of the name, founders (owners of the property), the country of origin and location; for an organization not being a legal person – of the name, the country of origin and location; for a natural person – the surname, own name, patronymic (if available), permanent residence;
on the type of concession contract;
- on the objects of concession;
- on the date of conclusion of the concession contract;
- on the validity period of the concession contract.
The Register may contain other data depending on the type of the concession contract, or specificities of the object of concessions, established by the Register holder.
6. For registration of concession contracts in the Register, the concessionary body shall within 10 days from the day of conclusion of the concession contract to present to the Register holder the documented information according to the list and forms established by the Register holder, and also all original contracts of the concluded concession contract and one copy thereof certified by the concessionary body.
The information about concession contract referred according to the legislation to the information the dissemination and/or provision of which is restricted shall be provided by the concessionary body to the Register holder in accordance with the legislation.
7. Registration of a concession contract shall be made by the Register holder by means of the following:
- entering into the Registration Book of a record about presentation by a concession body of the necessary documentary information for registration of a concession contract;
- awarding an identification code (number) to each concession contract;
- formation of the registration file;
- putting down on the title page of each original copy of the concession contract of a special stamp, and visaing by the official in charge of registration of each sheet (page) of the agreement and appendices thereto;
- issuance of the certificate on registration of the concession contract in the State Register of Concession Contracts.
The number of the document about the registration of the concession contract in the State Register of Concession Contracts must correspond to the identification code (number) of the concession contract.
Additional agreements to the concession contract shall be registered in the Register under the same code (number) that the concession contract, with assignment of the serial number to each agreement.
The date of registration of the concession contract shall be the date of issuance of the document on its registration.
8. The Registration Book shall comprise separate sections containing records on each particular concession contract.
10. The Register holder shall makes changes in the Register on the basis of the information obtained from the concession bodies, with indication of the reasons of the changes made.
The changes shall be made by cancellation of the registration record and entrance of a new record.
Any technical mistakes made at registration of concession contracts shall also be corrected by cancellation of the registration record.
* unofficial translation *