Resolution of Council of Ministers of the Republic of Belarus "About land reclamation"

RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of October 18, 2022 No. 700

About land reclamation

Based on paragraphs of the fourth or sixth of article 7 of the Law of the Republic of Belarus of July 23, 2008 "About land reclamation" and Item 6 of the Presidential decree of the Republic of Belarus of October 4, 2022 No. 353 "About financing of expenses on forest cultural melioration and implementation of functions of the customer" the Council of Ministers of the Republic of Belarus DECIDES: No. 423-Z

1. Determine that the sizes of means:

1.1. on content of the customer (including implementation of technical supervision by it) when rendering services in operation (servicing) of meliorative systems and separately located hydrotechnical constructions which financing is performed at the expense of means republican and (or) local budgets within state programs in agro-industrial complex constitutes percent 2,06 from the cost of the rendered services;

1.2. on financing of the expenses connected with implementation of technical supervision when rendering services in operation (servicing) of meliorative systems and separately located hydrotechnical constructions which financing is performed at the expense of means republican and (or) local budgets within state programs in agro-industrial complex constitutes percent 1,44 from the cost of the rendered services.

2. Make changes to the following resolutions of Council of Ministers of the Republic of Belarus:

2.1. in the resolution of Council of Ministers of the Republic of Belarus of May 5, 2009 No. 584 "About some measures for implementation of the Law of the Republic of Belarus "About land reclamation":

state preamble in the following edition:

"Based on the paragraph of the sixth of article 7 of the Law of the Republic of Belarus of July 23, 2008 "About land reclamation" the Council of Ministers of the Republic of Belarus DECIDES: No. 423-Z";

in Item 1:

the paragraph one to state in the following edition:

"1. Establish forms:";

add paragraph two with the words "according to appendix 1";

third to add the paragraph with the words "according to appendix 2";

add the resolution with appendices 1 and 2 (are applied);

2.2. in the resolution of Council of Ministers of the Republic of Belarus of July 10, 2009 No. 920 "About some questions of operation (servicing) and conducting the state accounting of meliorative systems and separately located hydrotechnical constructions":

to state preamble and Item 1 in the following edition:

"Based on paragraphs of the fourth and fifth of article 7 of the Law of the Republic of Belarus of July 23, 2008 "About land reclamation" the Council of Ministers of the Republic of Belarus DECIDES: No. 423-Z

1. Approve:

The service regulation (servicing) of meliorative systems and separately located hydrotechnical constructions (are applied);

Regulations on procedure for conducting the state accounting of meliorative systems and separately located hydrotechnical constructions (are applied).";

add the resolution with Item 1-1 of the following content:

"1-1. Establish forms:

passports of irrigating, drying and irrigating systems according to appendix 1;

passports of drying, drying and moistening systems according to appendix 2;

passports of the bridge according to appendix 3;

technical data sheet of hydrotechnical construction according to appendix 4;

sheets of intraeconomic irrigating, drying and irrigating systems according to appendix 5;

sheets of intereconomic irrigating, drying and irrigating systems according to appendix 6;

sheets of intraeconomic drying, drying and moistening systems according to appendix 7;

sheets of intereconomic drying, drying and moistening systems according to appendix 8;

sheets of separately located hydrotechnical constructions according to appendix 9;

the register of intraeconomic irrigating, drying and irrigating systems according to appendix 10;

the register of intereconomic irrigating, drying and irrigating systems according to appendix 11;

the register of intraeconomic drying, drying and moistening systems according to appendix 12;

the register of intereconomic drying, drying and moistening systems according to appendix 13;

the register of separately located hydrotechnical constructions according to appendix 14.";

add the resolution with appendices 1-14 (are applied);

in Service regulations (servicing) of the meliorative systems and separately located hydrotechnical constructions approved by this resolution:

from Item 1 of the word", performed by users of meliorative systems and the organizations for construction and operation of meliorative systems" to exclude;

the paragraph one of Item 3 to state in the following edition:

"3. For the purposes of these rules the terms and their determinations established in the Water code of the Republic of Belarus, the Code of the Republic of Belarus about the earth, the laws of the Republic of Belarus of June 24, 1999 No. 271-Z "About drinking water supply" and "About land reclamation", subitems 11-1.5 and 11-1.6 of Item 11-1 of the Presidential decree of the Republic of Belarus of July 17, 2014 No. 347 "About the state agrarian policy" and also the following main terms and their determinations are applied:";

add Rules with Item 4-1 of the following content:

"4-1. Technical supervision is exercised according to the procedure, determined by the Ministry of Agriculture and Food.";

state Item 48 in the following edition:

"48. The relations arising when holding meliorative actions in the territories which underwent to radioactive impurity are regulated by the laws of the Republic of Belarus "About land reclamation" and of May 26, 2012 No. 385-Z "About legal regime of the territories which underwent to radioactive impurity as a result of catastrophic crash on the Chernobyl NPP", the legislation on radiation safety and these rules.";

to add the name of Chapter 15 after words of "users of meliorative systems" with words ", customers of the rendered services in operation (servicing) of meliorative systems and separately located hydrotechnical constructions";

add Rules with Item 61-1 of the following content:

"61-1. Customers of the rendered services in operation (servicing) of meliorative systems and separately located hydrotechnical constructions have the right:

visit meliorative systems and separately located hydrotechnical constructions according to the service provision agreement on operation (servicing) of meliorative systems and separately located hydrotechnical constructions;

require observance of accomplishment of technology and quality of the rendered services according to requirements of technical regulatory legal acts, to make offers on elimination of violations on meliorative systems and separately located hydrotechnical constructions;

not accept and not pay poor rendered services in maintenance and regulation of the water mode of soils on meliorative systems;

demand from the organizations for construction and operation of the meliorative systems of remedial action revealed during implementation of technical supervision;

demand from the organizations for construction and operation of meliorative systems information on the rendered services.";

add Rules with Item 64 following of content:

"64. Customers of the rendered services in operation (servicing) of meliorative systems and separately located hydrotechnical constructions shall:

carry out assessment of technical condition of meliorative systems and separately located hydrotechnical constructions;

perform planning of services in operation (servicing) of meliorative systems and separately located hydrotechnical constructions taking into account the priorities providing normative technical condition of meliorative systems and directed to conditioning of effective use of reclaimed lands;

in accordance with the established procedure to perform the choice of the contractor of services and the conclusion of service provision agreements on operation (servicing) of meliorative systems and separately located hydrotechnical constructions;

approve estimates, check payment of cost of services in operation (servicing) of meliorative systems and separately located hydrotechnical constructions under cost items;

carry out acceptance of the rendered services in operation (servicing) of meliorative systems and separately located hydrotechnical constructions;

perform preparation and submission to territorial authorities of the State Treasury of documents for payment of the rendered services;

provide timeliness of calculations for services in operation (servicing) of meliorative systems and separately located hydrotechnical constructions.";

in Regulations on the procedure for conducting the state accounting of meliorative systems and separately located hydrotechnical constructions approved by this resolution:

from Item 1 of the word "of July 23, 2008" and "(, 2008, No. 184, 2/1520)" to exclude the national register of legal acts of the Republic of Belarus;

from Item 2 of the word", and also the state supervision of holding meliorative actions" to exclude.

3. To the Ministry of Agriculture and Food in three-months time to bring the regulatory legal acts into accord with this resolution.

4. This resolution becomes effective after its official publication and extends the action to the relations which arose since January 1, 2022.

First Deputy Prime Minister of the Republic of Belarus

N. Snopkov

Appendix 1

to the Resolution of Council of Ministers of the Republic of Belarus of May 5, 2009 No. 584
(in edition of the Resolution of Council of Ministers of the Republic of Belarus of October 18, 2022 No. 700)

Form

Approximate contract for holding meliorative actions

Contract for holding meliorative actions No. __________

___ ____________ 20 __.	_____________________________
	(place of agreement)

_____________________________________________________________________________

(name of the legal entity or surname, own name,

_____________________________________________________________ (further – the customer)

middle name (if that is available) physical person)

on behalf of ______________________________________________________________________,

(surname, own name, middle name (if that is available) the official)

acting on the basis of the ____________________________________________________

(name of the document, confirmatory

_____________________________________________________________________, with one

powers of the official)

the parties, and __________________________________________________ (further – the contractor)

(name of the legal entity)

on behalf of ______________________________________________________________________,

(surname, own name, middle name (if that is available) the official)

acting on the basis of the ____________________________________________________

(name of the document, confirmatory

____________________________________________________________________________,

powers of the official)

on the other hand, the "parties" which together are referred to as, signed this agreement as follows:

Subject of the agreement

1. The contractor shall hold the following meliorative events

_____________________________________________________________________________

(name of meliorative actions)

on object ___________________________________________________________________

(name of object of land reclamation)

in accordance with the terms hereof, the project documentation on the land reclamation which passed state examination (the conclusion from __________ 20 __ No. _____) and approved ____________________________________

(name of the customer)

(the order from __________ 20 __ No. ______), according to the schedule of holding meliorative actions on object (appendix 1).

The customer shall accept and pay the held meliorative events in accordance with the terms, established by this agreement, according to the payment schedule for holding meliorative actions on object (appendix 2).

2. The beginning of holding meliorative actions – _______ 20 __.

3. The end of holding meliorative actions – _______ 20 __.

4. Due to the seasonality of works for the period ___________________________________________________________

(sowing, cultivation, harvesting and another)

technology breaks are provided.

Terms of technology breaks are established by the schedule of holding meliorative actions on object according to appendix 1.

Agreement price

5. Contract price of meliorative actions is specified in the protocol of approval of contract price of meliorative actions according to appendix 3 and on the date of the conclusion of this agreement makes _________________ (____________________

(amount in digits and copy-book)

__________________________) rubles.

6. Contract price of meliorative actions can be changed in cases, stipulated by the legislation.

7. Financing of meliorative actions is made for the account

_____________________________________________________________________________

(financing sources with indication of the financing amount

____________________________________________________________________________.

if meliorative actions are financed from several sources)

Rights and obligations of the Parties

8. The customer shall:

8.1. provide within five days from the date of the signature of this agreement to the contractor site for carrying out ___________________________________________;

(name of meliorative actions)

8.2. transfer to the contractor the project documentation approved in accordance with the established procedure on land reclamation prior to performance of works;

8.3. transfer to the contractor prior to performance of works other documents _____________________________________________________;

(name of documents)

8.4. deliver to the contractor for holding meliorative actions

____________________________________________________________________________;

(list of materials and products)

8.5. ____________________________________________________________________.

(other obligations)

9. The customer has the right:

9.1. exercise quality control of the works performed by the contractor;

9.2. visit object of land reclamation and get acquainted with the course of holding meliorative actions, observing at the same time requirements of safe engineering;

9.3. demand from the contractor information on the course of holding meliorative actions, on the planned specific dates of input of object of land reclamation in operation;

9.4. demand from the contractor of elimination of the defects and subquality work revealed during meliorative actions and in the period of warranty period;

9.5. ____________________________________________________________________.

(other rights)

10. The contractor shall:

10.1. hold meliorative events according to the approved project documentation for land reclamation and _________________________________

(regulatory legal acts)

___________________________________ in the terms established by this agreement;

10.2. provide quality of the performed works according to requirements of the project documentation for land reclamation and technical regulatory legal acts;

10.3. provide delivery to object of land reclamation of required materials and products according to subitem 8.4 of Item 8 of this agreement;

10.4. receive logging tickets for the right of the cabin of wood and shrubby vegetation and forest stand;

10.5. provide realization of the materials received in case of passing production and disassembly in accordance with the established procedure of the taken-down constructions or replacement of their separate elements (in the presence);

10.6 eliminate the subquality work and defects revealed during meliorative actions and in the period of warranty period of operation of object of land reclamation in the terms coordinated with the customer;

10.7. hand over to the customer the performed works in amounts and the terms provided by this agreement;

10.8. ensure safety of object of land reclamation in general, and also the materials and products which are on it from the date of the beginning of holding meliorative actions before date of acceptance in accordance with the established procedure of object of land reclamation in operation then such responsibility passes to the customer;

10.9. perform maintaining all executive documentation and transfer it to the customer for ___ days before acceptance of object of land reclamation to operation;

10:10. transfer to the customer upon termination of meliorative actions of the scheme of arrangement and catalogs of coordinates and heights of the geodetic signs established during the geodetic marking works during the meliorative actions and kept before their completion;

10:11. __________________________________________________________________.

(other obligations)

11. The contractor has the right:

11.1. take necessary measures for elimination of the circumstances interfering proper execution of this agreement;

11.2. in case of receipt of written consent of the customer to carrying out and payment of the additional meliorative actions which are not considered in the project documentation on land reclamation, but necessary for further works to carry out them;

11.3. appoint the representatives for execution of delivery and acceptance certificates of the executed meliorative actions, check of compliance of the used designs, materials and products to requirements of the project documentation for land reclamation and technical regulatory legal acts;

11.4. attract subcontractors to accomplishment of separate types of meliorative actions based on agreements of sub contracting;

11.5. ___________________________________________________________________.

(other rights)

12. The risk of accidental death or accidental damage of the designs, materials, products, the equipment used for holding meliorative actions is brought by the contractor before date of acceptance in accordance with the established procedure of object of land reclamation to operation.

13. The risk of accidental damage of results of the held meliorative events before date of acceptance in accordance with the established procedure of object of land reclamation in operation is born by the contractor.

Procedure of payments

14. Month is accepted to settlement period.

Calculations for the held meliorative events are perfromed by money transfer from accounts ________________________________________

(customer or bodies of the State Treasury)

_____________________________ on the current (settlement) bank account of the contractor.

15. Calculation for the held meliorative events is perfromed based on the executed meliorative actions signed by the customer and the contractor of certificates of cost.

The customer during ___ considers days the certificates of cost of the executed meliorative actions provided by the contractor and signs them. In case of disagreement with the data reflected in the specified references, the customer in __-day time returns references with motivated refusal in writing.

16. The meliorative actions which are not provided in the project documentation on land reclamation join in the certificate of cost of the executed meliorative actions based on the tripartite act of inspection of object of land reclamation.

In the act of inspection of object of land reclamation the list of the extra works necessary for ensuring functioning of object of land reclamation, reasons for the reason of carrying out these works, their cost are specified.

The act of inspection of object of land reclamation is signed by the parties and the project organization.

17. According to the written request of the contractor (for _____ days prior to holding meliorative actions) the customer (for __ days prior to holding meliorative actions) transfers advance payment according to the payment schedule for holding meliorative actions on object according to appendix 2 in the amount of ___ percent from the cost of the amount of meliorative actions provided to accomplishment.

18. The advance payment is considered completely fulfilled if the meliorative actions provided by the schedule of holding meliorative actions on object according to appendix 1, are executed by the contractor in full.

In case of failure to carry out of the schedule of holding meliorative actions on object because of the contractor the amount of the fulfilled advance payment is determined as the work of cost of actually performed works and the advancing percent established by this agreement.

The amount of the unfinished advance payment determined as difference between advance amount, which is actually received by the contractor for accomplishment of meliorative actions in the period accepted for settlement and the amount of the fulfilled advance payment, is recognized others money which is illegally withheld by the contractor.

The percent charged for use of others money on the amount of unfinished advance payment are determined in the amount of the refunding rate of National Bank operating on the date of signing by the customer of the certificate of cost of the executed meliorative actions performed in the period accepted for settlement for which the advance payment was issued.

The period of use of others money is determined of the date of receipt of advance payment before signature date by the customer of the certificate of cost of the executed meliorative actions on which the advance payment was issued. Offsetting to the subject payment of the amount of interest for using others money in payment for the performed works (services) is not allowed.

19. Poor executed meliorative actions are not subject to payment. Subsequent technology related works before elimination of defects are not paid. After elimination of defects the relevant meliorative activities are subject to payment at the prices operating at the time of the term which is originally established by the schedule.

Elimination of defects is made at the expense of the contractor.

20. ____________________________________________________________________.

(other conditions)

Supervision of accomplishment of meliorative actions

21. For implementation of designer's service is attracted _______________________

(name

____________________________________________________________________________.

project organization)

22. For implementation of technical supervision the customer appoints the representative.

23. The contractor appoints the head ______________________________________

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