of January 13, 2023 No. 32
About measures for implementation of the Law of the Republic of Belarus of July 18, 2022 No. 195-Z "About change of codes"
In pursuance of article 5 of the Law of the Republic of Belarus of July 18, 2022 "About change of codes" the Council of Ministers of the Republic of Belarus DECIDES: No. 195-Z
1. Approve:
The regulations on procedure for withdrawal and provision of the parcels of land (are applied);
The regulations on procedure for the translation of lands from one categories and types in others and reference of lands (are applied) to certain types;
The regulations on procedure for division, merge and change of purpose of the parcels of land (are applied);
The regulations on procedure for compensation of losses of agricultural and (or) forestry and landscape production (are applied);
The regulations on procedure for carrying out tender at the choice of the land user of the additional parcel of land (are applied);
The regulations on procedure for consideration of land disputes Minsk city, city (the cities of regional subordination), and formations of the commissions on preparation of materials on consideration of land disputes (are applied) by district executive committees;
The regulations on procedure for provision in lease of the parcels of land which are in state-owned property (are applied);
The regulations on procedure for determination of the size of the losses caused to land users by withdrawal or temporary occupation of the parcels of land, demolition of the real estate units located on them, restriction (encumbrance) of the rights to the parcels of land including (are applied) by establishment of land easements;
Regulations on procedure for the organization and holding auctions for sale of the parcels of land in private property (are applied);
Regulations on procedure for the organization and holding auctions on the right of lease of the parcels of land (are applied);
The regulations on procedure for the redemption of the parcels of land which are in private property for the state needs (are applied);
The regulations on procedure for carrying out inventory count of lands (are applied).
2. Determine that for the purposes of this resolution terms are used in the values established by the Code of the Republic of Belarus about the earth.
Terms of "investment", "investment project", "investor", "the investment agreement" and "the implementing organization" are used in the values determined by article 1 of the Law of the Republic of Belarus of July 12, 2013 No. 53-Z "About investments".
3. Make changes to resolutions of Council of Ministers of the Republic of Belarus according to appendix 1.
4. Recognize invalid resolutions of Council of Ministers of the Republic of Belarus according to appendix 2.
5. The citizens, individual entrepreneurs and legal entities who submitted till January 1, 2023 the application for provision of the parcel of land, the translation of lands, the parcel of land from one category to another, the procedure of withdrawal and provision of the parcel of land, translation of lands, the parcel of land having the right to finish from one category in another according to the procedure for withdrawal and provision of the parcels of land, the translation of lands, the parcel of land from one category in another operating till January 1, 2023.
If after January 1, 2023 decision making about withdrawal and provision of the parcel of land is within the competence of other state body exercising state regulation and control in the field of use and protection of lands adoption of such decision by it can be performed based on the materials on withdrawal and provision of the parcel of land prepared till January 1, 2023.
6. To regional executive committees, the Minsk Gorispolkom in three-months time to provide reduction of lease agreements of the parcels of land signed with residents of free economic zones in compliance with paragraphs to the thirteenth, the sixteenth, the nineteenth, the twenty second, twenty fifth and twenty eighth Item 7 of appendix 1.
7. To republican state bodies, regional executive committees, the Minsk Gorispolkom to take measures for implementation of this resolution.
8. This resolution becomes effective in the following procedure:
paragraphs the fourth, the fifth, the twelfth, thirteenth and twenty second Item 21 of appendix 1 – since January 1, 2024;
other provisions of this resolution – after its official publication also extend the action to the relations which arose since January 1, 2023.
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 January 13, 2023 No. 32
1. In the resolution of Council of Ministers of the Republic of Belarus of December 9, 1992 No. 741 "About construction of apartment houses and other social facilities for sale":
in Item 2:
exclude the word "enclosed";
add Item with the word "(is applied)";
in Regulations on the construction of apartment houses and other social facilities for sale approved by this resolution:
in part two of Item 5 of the word "The presidential decree of the Republic of Belarus of December 27, 2007 No. 667 "About withdrawal and provision of the parcels of land" (2008, No. 6, 1/9264) "shall be replaced with words" the national register of legal acts of the Republic of Belarus the code of the Republic of Belarus about the earth";
in part one of Item 6 of the word of "the legislation on use of the parcels of land allocated for this purpose" shall be replaced with words "legislations on architectural, town-planning and construction activities";
in part one of Item 7 of the word "on November 29, 1991 No. 452" shall be replaced with words "on June 6, 2011 No. 716 "About approval of the Regulations on procedure for acceptance for operation of construction objects";
from part three of Item 8 of the word" (2010, No. 183, 1/11817)" to exclude the national register of legal acts of the Republic of Belarus;
in Item 12 of the word "about the earth" shall be replaced with words "about protection and use of lands".
2. In the resolution of Council of Ministers of the Republic of Belarus of August 12, 2005 No. 891 "About approval of charters of administrations of free economic zones and about introduction of amendments to resolutions of Council of Ministers of the Republic of Belarus of April 8, 2002 No. 445 and of June 17, 2002 No. 789, and also recognition voided some orders of the Government of the Republic of Belarus":
state the name in the following edition:
"About approval of charters of administrations of free economic zones";
state Item 1 in the following edition:
"1. Approve:
The charter of public institution "Administration of the free economic zone Brest (is attached);
The charter of public institution "Administration of the free economic zone Vitebsk (is attached);
The charter of public institution "Administration of the free economic zone Gomel-Raton (is attached);
The charter of public institution "Administration of the free economic zone Grodnoinvest (is attached);
The charter of public institution "Administration of the free economic zone Minsk (is attached);
The charter of public institution "Administration of the free economic zone Mogilev (is attached).";
from Item 5 of the word "About Some Questions of Activities of Free Economic Zones in the territory of the Republic of Belarus" (2005, No. 92, 1/6516)" to exclude the national register of legal acts of the Republic of Belarus;
in the Charter of public institution "Administration of the free economic zone Brest, approved by this resolution:
from Item 1 of the word "About Some Questions of Activities of Free Economic Zones in the territory of the Republic of Belarus" (2005, No. 92, 1/6516)" to exclude the national register of legal acts of the Republic of Belarus;
the nineteenth Item 9 to state the paragraph in the following edition:
"withdraws and provides in lease to residents of free economic zones the parcels of land in borders of SEZ "Brest", if necessary makes transfer of the parcels of land from one categories and types in others, concludes, changes and dissolves lease agreements of the parcels of land provided to residents of SEZ "Brest" if other is not established by the President of the Republic of Belarus;";
in the Charter of public institution "Administration of the free economic zone Vitebsk, approved by this resolution:
from Item 1 of the word "About Some Questions of Activities of Free Economic Zones in the territory of the Republic of Belarus" (2005, No. 92, 1/6516)" to exclude the national register of legal acts of the Republic of Belarus;
the nineteenth Item 9 to state the paragraph in the following edition:
"withdraws and provides in lease to residents of free economic zones the parcels of land in borders of SEZ "Vitebsk", if necessary makes transfer of the parcels of land from one categories and types in others, concludes, changes and dissolves lease agreements of the parcels of land provided to residents of SEZ "Vitebsk" if other is not established by the President of the Republic of Belarus;";
in the Charter of public institution "Administration of the free economic zone Gomel-Raton, approved by this resolution:
from Item 1 of the word "About Some Questions of Activities of Free Economic Zones in the territory of the Republic of Belarus" (2005, No. 92, 1/6516)" to exclude the national register of legal acts of the Republic of Belarus;
the nineteenth Item 9 to state the paragraph in the following edition:
"withdraws and provides in lease to residents of free economic zones the parcels of land in borders of SEZ "Gomel-Raton", if necessary makes transfer of the parcels of land from one categories and types in others, concludes, changes and dissolves lease agreements of the parcels of land provided to residents of SEZ "Gomel-Raton" if other is not established by the President of the Republic of Belarus;";
in the Charter of public institution "Administration of the free economic zone Grodnoinvest, approved by this resolution:
from Item 1 of the word "About Some Questions of Activities of Free Economic Zones in the territory of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2005, No. 92, 1/6516) "and" (2011, No. 61, 1/12567)" to exclude the national register of legal acts of the Republic of Belarus;
the twentieth Item 9 to state the paragraph in the following edition:
"withdraws and provides in lease to residents of free economic zones and the August Channel park the parcels of land in borders of SEZ "Grodnoinvest" and the August Channel park, if necessary makes transfer of the parcels of land from one categories and types in others, concludes, changes and dissolves lease agreements of the parcels of land provided to residents of SEZ "Grodnoinvest" and the August Channel park if other is not established by the President of the Republic of Belarus;";
in the Charter of public institution "Administration of the free economic zone Minsk, approved by this resolution:
from Item 1 of the word "About Some Questions of Activities of Free Economic Zones in the territory of the Republic of Belarus" (2005, No. 92, 1/6516)" to exclude the national register of legal acts of the Republic of Belarus;
the nineteenth Item 9 to state the paragraph in the following edition:
"withdraws and provides in lease to residents of free economic zones the parcels of land in borders of SEZ "Minsk", if necessary makes transfer of the parcels of land from one categories and types in others, concludes, changes and dissolves lease agreements of the parcels of land provided to residents of SEZ "Minsk" if other is not established by the President of the Republic of Belarus;";
in the Charter of public institution "Administration of the free economic zone Mogilev, approved by this resolution:
from Item 1 of the word "About Some Questions of Activities of Free Economic Zones in the territory of the Republic of Belarus" (2005, No. 92, 1/6516)" to exclude the national register of legal acts of the Republic of Belarus;
the nineteenth Item 9 to state the paragraph in the following edition:
"withdraws and provides in lease to residents of free economic zones the parcels of land in borders of SEZ "Mogilev", if necessary makes transfer of the parcels of land from one categories and types in others, concludes, changes and dissolves lease agreements of the parcels of land provided to residents of SEZ "Mogilev" if other is not established by the President of the Republic of Belarus;".
3. In the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 958 "Questions of the State committee on property of the Republic of Belarus":
in Regulations on the State committee on property of the Republic of Belarus approved by this resolution:
in item 4:
state subitem 4.73 in the following edition:
"4.73. approves regulations on structural divisions of land management regional, Minsk city executive committees;";
state subitem 4.43 in the following edition:
"4.43. approves contracts in case of their conclusion (prolongation, the conclusion of the new contract) regarding management and the order of state-owned property with heads of the state organizations subordinated to the Government of the Republic of Belarus (except for republican state bodies), and also with heads of administrations of free economic zones;";
in Item 8:
in subitem 8.8:
exclude the words "issues orders and";
after the word "resolutions" to add the subitem with the words "and orders";
in subitem 8.10 of the word "and structural divisions of land management regional, Minsk city executive committees, and also approves regulations on these committees and structural divisions" shall be replaced with words ", and also approves regulations on these committees";
add Item with subitem 8.10-1 of the following content:
"8.10-1. agrees to position assignment, continuation of employment relationships and dismissal of heads of structural divisions of land management regional, Minsk city, district, city executive committees;";
to exclude the word of "Chairman" from Item 9 part three;
to state Item 6 of the list of the state organizations subordinated to the State committee on property of the Republic of Belarus, approved by this resolution in the following edition:
"6. Public institution of education "Center of preparation, advanced training and retraining of personnel of system of the State Property Committee".".
4. In Regulations on the procedure for preparation and issue of allowing documentation on construction of facilities approved by the resolution of Council of Ministers of the Republic of Belarus of February 20, 2007 No. 223:
in part one of Item 1 of the word "The presidential decree of the Republic of Belarus of December 27, 2007 "About withdrawal and provision of the parcels of land" shall be replaced with words No. 667 "The code of the Republic of Belarus about the earth";
from paragraph one of subitem 4. Paragraph one of subitem 4.2 and paragraph one of subitem 4.2-1 of item 4 of the word of "the conclusion of the agreement" to exclude 1,;
in part three of Item 11 of the word "Taking into account Requirements of Item 4 of the Regulations on Procedure for the Withdrawal and Provision of the Parcels of Land Approved by the Presidential Decree of the Republic of Belarus of December 27, 2007 No. 667" shall be replaced with words "Taking into account the requirements established in Items 4, of the 5 and 7 article 58 of the Code of the Republic of Belarus about the earth, and also Item 7 of the Regulations on procedure for the withdrawal and provision of the parcels of land approved by the resolution of Council of Ministers of the Republic of Belarus of January 13, 2023 No. 32".
5. And plantings in case of them which are in private property of citizens in connection with seizure of land for the state needs, the Council of Ministers of the Republic of Belarus approved by the resolution of March 30, 2007 407, to state Item 2 of the Regulations on procedure and conditions of the calculations connected with demolition or transfer of apartment houses, structures, the constructions which are not finished by construction of facilities to No. in the following edition:
"2. The size of the losses caused by demolition the withdrawn parcels of land of real estate objects and plantings located on in case of them, is determined according to Regulations on procedure for determination of the size of the losses caused to land users by withdrawal or temporary occupation of the parcels of land, demolition of the real estate units located on them, restriction (encumbrance) of the rights to the parcels of land, including the establishment of land easements approved by the resolution of Council of Ministers of the Republic of Belarus of January 13, 2023 No. 32.".
6. In the resolution of Council of Ministers of the Republic of Belarus of December 22, 2007 No. 1802 "About approval of the Regulations on procedure for decision making on unauthorized constructions and modification and amendments in the resolution of Council of Ministers of the Republic of Belarus of February 20, 2007 No. 223":
to state preamble and Item 1 in the following edition:
"Based on Article 223 of the Civil code of the Republic of Belarus the Council of Ministers of the Republic of Belarus DECIDES:
1. Approve Regulations on procedure for decision making on unauthorized constructions it (is applied).";
To be reworded as follows the regulations on procedure for decision making on unauthorized constructions approved by this resolution it (is applied).
7. In the resolution of Council of Ministers of the Republic of Belarus of May 21, 2009 No. 658 "About approval of regulations on funds of development of free economic zones and recognition voided separate resolutions of Council of Ministers of the Republic of Belarus":
in preamble shall be replaced with words the word "years" "No. 448-Z";
state Item 1 in the following edition:
"1. Approve:
The regulations on fund of development of the free economic zone Brest (are applied);
The regulations on fund of development of the free economic zone Vitebsk (are applied);
The regulations on fund of development of the free economic zone Gomel-Raton (are applied);
The regulations on fund of development of the free economic zone Grodnoinvest (are applied);
The regulations on fund of development of the free economic zone Minsk (are applied);
The regulations on fund of development of the free economic zone Mogilev (are applied).";
from Item 3 of the word "of November 10, 2008" and "(, 2008, No. 275, 2/1545)" to exclude the national register of legal acts of the Republic of Belarus;
in Item 3 of the Regulations on fund of the development of the free economic zone Brest approved by this resolution:
third to add the paragraph with words "administration of SEZ "Brest", and also for the parcels of land located in borders of SEZ "Brest" and provided in lease to its residents by local executive and administrative organs till January 1, 2023";
to exclude from the paragraph of the fourth word of "the conclusion of the agreement";
in Item 3 of the Regulations on fund of the development of the free economic zone Vitebsk approved by this resolution:
third to add the paragraph with words "administration of SEZ "Vitebsk", and also for the parcels of land located in borders of SEZ "Vitebsk" and provided in lease to its residents by local executive and administrative organs till January 1, 2023";
to exclude from the paragraph of the fourth word of "the conclusion of the agreement";
in Item 3 of the Regulations on fund of the development of the free economic zone Gomel-Raton approved by this resolution:
third to add the paragraph with words "administration of SEZ "Gomel-Raton", and also for the parcels of land located in borders of SEZ "Gomel-Raton" and provided in lease to its residents by local executive and administrative organs till January 1, 2023";
to exclude from the paragraph of the fourth word of "the conclusion of the agreement";
in Item 3 of the Regulations on fund of the development of the free economic zone Grodnoinvest approved by this resolution:
third to add the paragraph with words "administration of SEZ "Grodnoinvest", and also for the parcels of land located in borders of SEZ "Grodnoinvest" and the special tourist and recreational park "August Channel" and provided in lease to their residents by local executive and administrative organs till January 1, 2023";
to exclude from the paragraph of the fourth word of "the conclusion of the agreement";
in Item 3 of the Regulations on fund of the development of the free economic zone Minsk approved by this resolution:
third to add the paragraph with words "administration of SEZ "Minsk", and also for the parcels of land located in borders of SEZ "Minsk" and provided in lease to its residents by local executive and administrative organs till January 1, 2023";
to exclude from the paragraph of the fourth word of "the conclusion of the agreement";
in Item 3 of the Regulations on fund of the development of the free economic zone Mogilev approved by this resolution:
third to add the paragraph with words "administration of SEZ "Mogilev", and also for the parcels of land located in borders of SEZ "Mogilev" and provided in lease to its residents by local executive and administrative organs till January 1, 2023";
to exclude from the paragraph of the fourth word of "the conclusion of the agreement".
8. In the resolution of Council of Ministers of the Republic of Belarus of July 27, 2009 No. 983 "About measures for implementation of the Presidential decree of the Republic of Belarus of May 28, 2009 No. 265":
to exclude words of "the conclusion of agreements" from subitems 6.2-6.4 of Item 6 of the Regulations on procedure for financing of construction, including the designing, objects of engineering and transport infrastructure for areas (quarters) of the housing estate approved by this resolution;
in Item 3 of the Regulations on procedure for construction, including the designing, objects in areas (quarters) of the individual housing estate approved by this resolution "The presidential decree of the Republic of Belarus of December 27, 2007 No. 667 "About withdrawal and provision of the parcels of land" shall be replaced with words words "The code of the Republic of Belarus about the earth".
9. In Regulations on procedure for sale of premises of the state housing stock at the auction approved by the resolution of Council of Ministers of the Republic of Belarus of November 17, 2010 No. 1695:
from parts two and third Item 2, 6, Item parts four 14, Item parts three 30, of the paragraph of the fifth of part one and part three of Item 31, parts four of Item 34 of the word of "the conclusion of the agreement" to exclude Item parts two;
in item 4:
to exclude from word part two of "the conclusion of the agreement";
in part four:
to exclude words of "the conclusion of the agreement";
words "the coefficients established by Council of Ministers of the Republic of Belarus for determination of payment for the right of the conclusion of lease agreements of the parcels of land provided without holding the auction on the right of the conclusion of lease agreements of the parcels of land" shall be replaced with words "the coefficients established by Council of Ministers of the Republic of Belarus for determination of the amount of payment for the right of lease of the parcels of land which are in state-owned property, provided according to legal acts without holding auctions on the right of lease of the parcels of land, and also starting price of subject of such auctions";
in Item 10 part two:
"real" to exclude the word from the paragraph of third;
to exclude from paragraphs of the fourth or seventh word of "the conclusion of the agreement";
in Item 11:
from paragraphs two and third to exclude word parts four of "the conclusion of the agreement";
in part five:
"real" to exclude the word from the paragraph of the fourth;
to exclude from paragraphs of the fifth, sixth and twelfth word of "the conclusion of the agreement".
10. In paragraph four of part one of subitem 10.1 of Item 10 of the Rules of electric utility service approved by the resolution of Council of Ministers of the Republic of Belarus of October 17, 2011 No. 1394, of the word "part two of Item 5 of the Regulations on procedure for withdrawal and provision of the parcels of land to legal entities and individual entrepreneurs for the construction of capital structures (buildings, constructions) approved by the Presidential decree of the Republic of Belarus of December 27, 2007 No. 667" shall be replaced with words "part six of subitem 24.10 of Item 24 of the Regulations on procedure for the withdrawal and provision of the parcels of land approved by the resolution of Council of Ministers of the Republic of Belarus of January 13, 2023 No. 32".
11. In Regulations on single accounting treatment for the citizens wishing to receive the parcels of land for construction and servicing of the one-apartment, blocked apartment houses, No. 1781 approved by the resolution of Council of Ministers of the Republic of Belarus of December 30, 2011:
from Item 1 of the word "About Some Measures for Enhancement of the Relations in the field of Withdrawal, Provision and Use of the Parcels of Land" (2011, No. 109, 1/12955)" to exclude the national register of legal acts of the Republic of Belarus;
to state the interlinear note to Item 5 in the following edition:
"______________________________
* For the purposes of this provision the large family is understood as the family staying on the registry of the housing conditions needing improvement which has three and more children aged up to 23 years which did not marry and registered together with parents (adoptive parents, adopters) including receiving professional, secondary vocational, the higher, the scientific oriented education in day form of education or persons mastering contents of the educational program of preparation for receipt in organizations of formation of the Republic of Belarus in day form of education in other settlements or undergoing compulsory military service at the call of, passing alternative service behind which according to the legislation the right of possession and uses of the premises occupied by parents (adoptive parents, adopters) remains. The spouse (spouse) and their children (the family adopted, adopted) treat members of large family.";
in Item 15:
shall be replaced with words the word "years" "No. 433-Z";
words" (2008, No. 264, 2/1530)" to exclude the national register of legal acts of the Republic of Belarus;
in paragraph one of part one of Item 17 of the word "the parcels of land which can be provided to citizens for construction and servicing of apartment houses (further – the list)," shall be replaced with words "the parcels of land (further – the list)".
12. In the resolution of Council of Ministers of the Republic of Belarus of January 8, 2013 No. 16 "About some questions of sale of property of the liquidated legal entity":
to exclude subitem 2.1 of Item 2;
in Regulations on the procedure for sale of property of the liquidated legal entity from the public biddings approved by this resolution:
"real" and "the conclusions of the agreement" to exclude from the paragraph of the ninth Item 11 of the word;
to state part one of Item 36 in the following edition:
"36. Starting price of the parcel of land which is at the liquidated legal entity in private property is determined at a rate of not less than its cadastral cost in Belarusian rubles operating on approval date of starting price of subject of auction.";
in Item 37:
to exclude from word part one of "the conclusion of the agreement";
the second to state part in the following edition:
"Starting price of the right of lease of the parcel of land is determined based on the cadastral cost of the parcel of land in Belarusian rubles operating on approval date of starting price of subject of auction using depending on remaining period of its lease of the coefficients established by Council of Ministers of the Republic of Belarus for determination of the amount of payment for the right of lease of the parcels of land which are in state-owned property, provided according to legal acts without holding auctions on the right of lease of the parcels of land, and also starting price of subject of such auctions.".
13. In Regulations on the procedure for carrying out the electronic biddings approved by the resolution of Council of Ministers of the Republic of Belarus of July 12, 2013 No. 608:
in Item 1 part one:
from the paragraph of the third word", including the parcels of land" to exclude;
after the paragraph of third to add part with the paragraph of the following content:
"rights of lease of the parcels of land;";
in paragraph three of Item 2 of the word "including" shall be replaced with words "the lease rights";
3, of paragraphs two and the fourth subitem 6.4 of Item 6, of the paragraph of third of part one and the paragraph of third to exclude parts two of Item 18 of the word of "the conclusion of agreements" from subitem 3.2 of Item;
in Item 20:
"real" to exclude the word from paragraph two of part two and paragraph two of part six;
to exclude from paragraph one of part five of the word of "the conclusion of the agreement";
to exclude parts one of Item 38 of the word of "the conclusion of the agreement" from paragraphs of the fourth and fifth;
in Item 40:
in part two:
"real" to exclude the word from paragraph two;
to exclude from the paragraph of the sixth word of "the conclusion of the agreement";
to exclude word parts five of "the conclusion of the agreement" from paragraphs of the first and fourth;
in part six:
"real" to exclude the word from paragraph two;
to exclude from paragraphs of the seventh, ninth or eleventh word of "the conclusion of the agreement";
from paragraphs of the third and fourth of part one of Item 45, of parts one, and paragraphs two and third Item parts three 46, of Item 47, parts one of Item 48 of the word of "the conclusion of the agreement" to exclude the second;
in Item 49:
"real" to exclude the word from the paragraph of third;
to exclude from paragraphs of the fourth or sixth word of "the conclusion of the agreement";
50, of Items 51 and 52, of the paragraph of the fourth Item 53, to exclude parts two of Item 62-1 of the word of "the conclusion of the agreement" from Item part three;
to exclude from the name of Chapter 9 of the word of "the conclusion of the agreement";
to exclude from Item 63 of the word of "the conclusion of agreements";
to exclude from Item 63-1, of part one of Item 63-2 of the word of "the conclusion of the agreement";
in Item 64:
from paragraphs two and the eighth word of "the conclusion of agreements" to exclude;
"real" to exclude the word from the paragraph of the fourth;
to exclude from paragraphs of the fifth, seventh and ninth word of "the conclusion of the agreement";
to exclude from Items 65 and 67 of the word of "the conclusion of agreements";
to exclude from Item 69 of the word of "the conclusion of the agreement";
in Item 70:
to exclude word parts one of "the conclusion of the agreement" from the paragraph of the fourth;
to exclude from word part two of "the conclusion of agreements";
in the name of appendix of the word "including" shall be replaced with words "the lease rights".
14. Include in the structure of Interdepartmental infrastructure coordination council approved by the resolution of Council of Ministers of the Republic of Belarus of May 27, 2014 No. 508, Lukyanova Ekaterina Svyatoslavovna – the vice-chairman of the State committee on property, having excluded from it I.Yu.Tyaglova.
15. In Regulations on procedure for forming, maintaining and use of the single database of the citizens who are (being) borrowers soft credits (receivers of disposable subsidies) for construction (reconstruction) or acquisition of premises, receivers of subsidies for payment of part of interest for using the credits and subsidies for repayment of principal debt on the credits issued by banks on construction (reconstruction) of premises, and members of their families, No. 295 approved by the resolution of Council of Ministers of the Republic of Belarus of April 8, 2016:
from Item 1 of the word" (National register of legal acts of the Republic of Belarus, 2012, No. 6, 1/13224)" and "(National legal Internet portal of the Republic of Belarus, 06.07. 1/17147)" to exclude 2017,;
in Item 2:
shall be replaced with words the word "years" "No. 455-Z";
words" (The national register of legal acts of the Republic of Belarus, 2008, No. 279, 2/1552)" and "About some measures for implementation of the Law of the Republic of Belarus "About information, informatization and information security" and about recognition voided some resolutions of Council of Ministers of the Republic of Belarus" (2009, No. 134, 5/29836)" to exclude the national register of legal acts of the Republic of Belarus;
to exclude from subitem 7.2-1 of Item 7 of the word of "the conclusion of the agreement".
16. Ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 04.09.2024 No. 650
17. In the resolution of Council of Ministers of the Republic of Belarus of July 19, 2016 No. 563 "About measures for implementation of the Decree of the President of the Republic of Belarus of August 6, 2009 No. 10":
in Regulations on the procedure for the conclusion, change and the termination of investment contracts between the investor (investors) and the Republic of Belarus approved by this resolution:
third to state the paragraph to part one of Item 3 in the following edition:
"in the state body, executive committee specified in the list of the parcels of land for implementation of investment projects (further – the list of sites for implementation of investment projects), – if the investor (investors) and (or) the organization apply for provision of the parcel of land for construction of facilities, provided in the investment project.";
the second Item 23 to state part in the following edition:
"If the supplementary agreement to the investment agreement provides change of borders of the parcel of land provided to the investor (investors) and (or) the organizations for construction of facilities provided by the investment agreement, entering of corresponding changes into the investment agreement is performed:
with inclusion of the additional parcel of land in the list of sites for implementation of investment projects and after adjustment of the town-planning passport of the parcel of land – if the size of the additional parcel of land exceeds 10 percent of the size of the main parcel of land;
without fulfillment of requirements, established in the paragraph the second this part, – if the size of the additional parcel of land does not exceed 10 percent of the size of the main parcel of land.";
in Item 3 of the Regulations on tender at the choice of the investor (investors) for the conclusion of the investment contract between the investor (investors) and the Republic of Belarus approved by this resolution, words "the list of the sites intended for the subsequent provision to investors and (or) the organizations realizing investment projects, for construction of facilities, provided by the investment agreements signed with the Republic of Belarus" shall be replaced with words "the list of the parcels of land for implementation of investment projects".
18. "***" to appendix 2 to the Regulations on procedure for provision to citizens of subsidy for payment of part of interests on credit and subsidy for repayment of principal debt on the credit approved by the resolution of Council of Ministers of the Republic of Belarus of August 4, 2017 No. 582, of the word of "the conclusion of the agreement" to exclude from the interlinear note.
19. In the resolution of Council of Ministers of the Republic of Belarus of March 23, 2018 No. 220 "About some measures for implementation of the Presidential decree of the Republic of Belarus of December 26, 2017 No. 463":
to exclude subitem 2.1 of Item 2;
in Regulations on the procedure for sale of not preserved apartment houses which are not finished by construction, dachas from the public biddings approved by this resolution:
3, of the paragraph of third to exclude parts three of Item 6 of the word of "the conclusion of the agreement" from Item;
in item 4:
to exclude from word part one of "the conclusion of the agreement";
in part four:
to exclude words of "the conclusion of the agreement";
words "the coefficients depending on the term of its lease established by Council of Ministers of the Republic of Belarus for determination of payment for the right of the conclusion of lease agreements of the parcels of land provided without holding the auction on the right of the conclusion of lease agreements of the parcels of land" shall be replaced with words "depending on the term of its lease of the coefficients established by Council of Ministers of the Republic of Belarus for determination of the amount of payment for the right of lease of the parcels of land which are in state-owned property, provided according to legal acts without holding auctions on the right of lease of the parcels of land, and also starting price of subject of such auctions";
in Item 8:
in paragraph three of the word "in Chapter 9 of the Regulations on procedure for the withdrawal and provision of the parcels of land approved by the Presidential decree of the Republic of Belarus of December 27, 2007 No. 667" shall be replaced with words "in Chapter 10 of the Regulations on procedure for the withdrawal and provision of the parcels of land approved by the resolution of Council of Ministers of the Republic of Belarus of January 13, 2023 No. 32";
"real" to exclude the word from the paragraph of the fifth;
to exclude from paragraphs of the sixth or ninth word of "the conclusion of the agreement";
in Item 11:
in part four:
"real" to exclude the word from the paragraph of the fourth;
to exclude from the paragraph of the eighth word of "the conclusion of the agreement";
"real" to exclude the word from the paragraph of third of part five;
in Item 25:
"real" to exclude the word from the paragraph of the fifth;
to exclude from paragraphs of the eleventh, thirteenth or fifteenth word of "the conclusion of the agreement";
to exclude from Item 27 of the word of "the conclusion of the agreement";
in Item 31 of the word "rights to contract" to replace with the word of "right".
20. In the column "Name of Action" of Item 2 of appendix 10 to the development plan for certain regions approved by the resolution of Council of Ministers of the Republic of Belarus of October 9, 2019 No. 689, of the word "intended for provision to investors" shall be replaced with words "with not used real estate objects located on them which are subject to demolition which are intended for the subsequent provision to investors and (or) the organizations realizing investment projects".
21. In the resolution of Council of Ministers of the Republic of Belarus of November 20, 2020 No. 667 "About measures for implementation of the Presidential decree of the Republic of Belarus of May 18, 2020 No. 168":
the fourth and fifth Item 3 of the Regulations on procedure for use of the state information system "Unified Register of Property" approved by this resolution to exclude paragraphs;
in Regulations on the procedure for forming and updating of the state information resource "Unified Register of Property" approved by this resolution:
add Item 6 with the paragraph of the following content:
"about the parcels of land included in lists of the free (unoccupied) parcels of land and the parcels of land included in lists of the parcels of land for implementation of investment projects according to appendix 10.";
in Item 8:
from word part five "also send data to SUE National Cadastral Agency for cancellation of the parameters of access issued to the excluded legal entity" to exclude;
the sixth to exclude part;
in subitem 9.5 of Item 9:
in word part one "shall be replaced with words SUE National Cadastral Agency "legal entities, the being lessors (loaners) of state-owned property,";
second and third to exclude parts;
add Item 11 with the paragraph of the following content:
"local executive committees or the structural division authorized by them – concerning data on the parcels of land included in lists of the free (unoccupied) parcels of land and the parcels of land included in lists of the parcels of land for implementation of investment projects. Inclusion (exception) of data is performed no later than one working day following behind day of the decision making providing inclusion (exception) of the parcels of land (sites) in the called lists.";
to state part one of Item 14 in the following edition:
"14. Information on lease agreements (free use), hiring is staticized quarterly to the 28th following the accounting period. At the same time employment contracts are introduced only concerning the apartment houses and the isolated premises of the state housing stock relating to rent housing.";
to exclude subitem 16.3 of Item 16;
in Item 5 of appendix 3 to this Provision of the word "Corporeal right" shall be replaced with words "Right type";
in appendix 4 to this Provision:
to add item 4 after the word "it)" with words "(in the presence)";
to add Item 7 after the word "extent" with the word", I will eat around";
to add item 4 of appendix 5 to this Provision after the words "state customer" with the word", the contractor";
add the Provision with appendix 10 it (is applied);
in Regulations on the procedure for forming and updating of the state information resource "The Unified Register of the Empty Houses" approved by this resolution:
third of Item 14 after the paragraph of the eighth to add part with the paragraph of the following content:
"to the republican unitary enterprises of power industry which are part of the national production association of power industry of Belenergo and the production republican unitary enterprises which are part of the national production association on fuel and gasification of Beltopgaz;";
in appendix to this Provision:
add Item 5 with words "(in the presence)";
add Item 6 with words "(if creation of such house, apartments was registered)";
add Item 9 with words "(in the presence)";
add Item 10 with words "(if creation of the house, apartments was registered)";
add Item 12 with words "(in the presence)";
state Item 14 in the following edition:
"14. Data on the parcel of land:
the area of the parcel of land in hectares (according to data of the register of the real estate and if creation of the parcel of land was not registered, – according to data of land and cadastral documentation of the relevant local executive committee);
type of the right to the parcel of land on which the parcel of land is provided (in the presence);
purpose of the parcel of land (in the presence);
cadastral number of the parcel of land (in the presence);
date of state registration of creation of the parcel of land (if creation of the parcel of land was registered);
data on availability of restrictions (encumbrances) of the rights to the parcel of land, and also their description (in the presence).".
22. Of January 28, 2021 "About the State program "Housing construction" for 2021-2025 "words" of the conclusion of agreements" to exclude No. 51 from Item 5 of the resolution of Council of Ministers of the Republic of Belarus.
23. In the resolution of Council of Ministers of the Republic of Belarus of September 23, 2021 No. 547 "About implementation of the Presidential decree of the Republic of Belarus of March 24, 2021 No. 116":
the fifth Item 2 to exclude the paragraph;
in Regulations on the operating procedure of local executive and administrative organs with the empty apartment houses approved by this resolution:
to exclude from part two of Item 2 of the word "in the register of the empty apartment houses, and since January 1, 2023-";
in Item 3:
from word part three "the register of the empty apartment houses," to exclude;
to exclude from part six of the word "from the register of the empty apartment houses, and since January 1, 2023-";
in item 4:
to exclude from part one of subitem 4.1 of the word "in the register of the empty apartment houses, and since January 1, 2023-";
to exclude from paragraphs of third and fifth subitem 4.2 of the word "in the register of the empty apartment houses, and since January 1, 2023-";
to exclude from part two of Item 10 of the word "from the register of the empty apartment houses, and since January 1, 2023-";
to exclude from the paragraph of third of part three of Item 11 and paragraph one of part two of Item 13 of the word "in the register of the empty apartment houses, and since January 1, 2023-";
in Regulations on the procedure for sale without holding auctions of the empty apartment houses, the organization and holding auctions for their sale approved by this resolution:
to exclude from part two of Item 7 of the word of "the conclusion of the agreement";
to add the paragraph of the eighth of Item 12 after the words "the expenses connected with" with words "evaluating market value of the empty apartment house,";
"the expenses connected with" to add the paragraph of the seventh part five of Item 14 after words with words "evaluating market value of the empty apartment house,";
the second Item 24 after words "the expenses connected with" to add part with words "evaluating market value of the empty apartment house,";
the tenth Item 30 after words "the expenses connected with" to add the paragraph with words "evaluating market value of the empty apartment house,";
add the Provision with Item 41-1 of the following content:
"41-1. Costs on direct sale of the empty apartment house, including the expenses connected with evaluating market value of the empty apartment house, publication of information on direct sale of the empty apartment house are compensated by the buyer of the empty apartment house. The size of the costs which are subject to compensation shall not exceed the amounts of actual costs on evaluating market value of the empty apartment house, publication of information on direct sale, and also to include costs on earlier performed sales of the empty apartment house.";
to add part one of Item 42 with the paragraph of the following content:
"information on need of compensation by the buyer of costs on direct sale of the empty apartment house, including expenses connected with evaluating market value of the empty apartment house, publication of information on direct sale of the empty apartment house, procedure and terms of their compensation.";
in the paragraph the second part one of Item 46 of the word "the current (settlement) bank account on which the sum of money, transfer term is subject to transfer" shall be replaced with words "costs on direct sale of the empty apartment house, including the expenses connected with evaluating market value of the empty apartment house, publication of information on direct sale of the empty apartment house, the current (settlement) bank accounts and term of money transfer".
24. In the single list of the ministerial procedures performed concerning subjects of managing, No. 548 approved by the resolution of Council of Ministers of the Republic of Belarus of September 24, 2021:
to state the column "Name of Ministerial Procedure" of subitem 3.9.11 of Item 3.9 in the following edition:
"3.9.11. Receipt of the decision on unauthorized construction";
in Item 16.1:
in the column "Term of Implementation of Ministerial Procedure" of subitem 16.1.2:
the paragraph one to add with words ", in case of state registration of the apartment apartment house – 2 calendar days (it is not applied in case of making of registration actions to the apartment apartment houses built according to the state order)";
the fourth to exclude the paragraph;
exclude subitem 16.1.12;
add the single list with Item 16.11 of the following content:
"16:11. Permission of transactions and other legally significant actions with the parcels of land and the right of lease |
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16.11.1. Decision making about permission of the Section of the parcel of land, provided for construction and (or) services of the one-apartment, blocked apartment house (except as specified, these houses connected with the Section) or other capital structures (buildings, constructions) (before completion of their construction), or changes of purpose of the parcel of land provided for construction (construction and servicing) of capital structure (the building, construction) (before completion of its construction), or the alienation of the parcel of land, assignment of rights and obligations according to the lease agreement of the parcel of land provided for construction and (or) services of capital structure (the building, construction) before obtaining by the owner of the documents certifying the right to the capital structures located on these sites (buildings, constructions), or about permission of provision of the additional parcel of land due to the need of increase in the size and change of border of the parcel of land provided by results of auction on the right of lease of the parcel of land, auction with conditions on the right of designing and construction of capital structures (buildings, constructions) or auction for sale of the parcels of land in private property and about change of type of the right to the parcel of land in cases when need of such change is provided by the Code of the Republic of Belarus about the earth |
State Property Committee |
Minsk city, city (cities of regional, district subordination), district executive committee, administration of the free economic zone |
10 working days from the date of filing of application, and in case of the reclamation of documents in case of decision making which is not connected with refusal in implementation of this procedure – 10 working days from the date of submission of such documents |
free of charge". |
25. Of December 31, 2021 "About the investment agreement of" the word "of the conclusion of agreements" to exclude No. 784 from part one of subitem 1.1 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus.
26. The paragraph third subitem 1.2 of Item 1 of regulations of the ministerial procedure performed concerning subjects of managing, according to subitem 22.15.1 "Receipt of the conclusion about coordination of placement in the territory of the Republic of Belarus of the warehouse of oil products and gas station" approved by the resolution of Council of Ministers of the Republic of Belarus of March 25, 2022 No. 176, to exclude.
Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 22, 2007 No. 1802
(in edition of the Resolution of Council of Ministers of the Republic of Belarus of January 13, 2023 No. 32)
Regulations on procedure for decision making on unauthorized constructions
1. This Provision developed based on Article 223 of the Civil code of the Republic of Belarus determines procedure and conditions of acceptance by local executive and administrative organs (further, unless otherwise specified, – executive committees) decisions by unauthorized construction.
2. In this Provision terms in the values determined in article 1 of the Law of the Republic of Belarus of July 5, 2004 No. 300-Z "About architectural, town-planning and construction activities in the Republic of Belarus", Article 223 of the Civil code of the Republic of Belarus are used.
3. In case of the unauthorized construction performed on self-willedally busy parcel of land or on self-willedally busy part of the parcel of land in case such occupation was expressed in violation of border of the parcel of land provided to person which performed unauthorized construction, the executive committee makes the decision on return of self-willedally busy parcel of land, demolition of unauthorized construction and reduction of the parcel of land in condition, suitable for use on purpose.
4. In case of the unauthorized construction performed on the parcel of land used not for purpose, one of the following decisions is accepted by executive committee:
about demolition of unauthorized construction and reduction of the parcel of land in condition, suitable for use on purpose;
about reduction of unauthorized construction in the condition conforming to the requirements of town-planning regulations and essential safety requirements established by the legislation concerning construction objects (further – essential safety requirements), and also about reduction of the parcel of land in condition, suitable for use on purpose.
5. In case of the unauthorized construction performed on the parcel of land provided by the state body which does not have powers on adoption of the relevant decision and (or) without holding the auction when provision of the parcel of land is possible only by results of auction and (or) with violation of the established priority of provision of the parcels of land and (or) without preliminary coordination of the location of the parcel of land if according to legal acts such coordination is required, the executive committee makes the decision on demolition of unauthorized construction and reduction of the parcel of land in condition, suitable for use on purpose.
6. In case of the unauthorized construction expressed in implementation of activities for construction, reconstruction, upgrade, restoration of construction object without receipt of allowing documentation on construction and (or) without project documentation in case obligation of obtaining and development of such documentation is stipulated by the legislation, and (or) with violation of the requirements established by allowing documentation on construction * one of the following decisions is accepted by executive committee:
about demolition of unauthorized construction and reduction of the parcel of land in condition, suitable for use on purpose;
about reduction of unauthorized construction in the condition conforming to requirements of town-planning regulations and essential safety requirements ** and also about reduction of the parcel of land in condition, suitable for use on purpose.
In case of the unauthorized construction expressed in implementation of capital repairs of construction object without project documentation, the executive committee makes the decision on reduction of unauthorized construction in the condition conforming to requirements of town-planning regulations and essential safety requirements and also on reduction of the parcel of land in condition, suitable for use on purpose. At the same time reduction of unauthorized construction in the condition conforming to requirements of town-planning regulations and essential safety requirements is confirmed by the conclusion on reliability bearing capabilities and stability of design of unauthorized construction in which assessment of conformity of object of unauthorized construction (unauthorized construction) to the requirements providing stability of buildings and constructions, fire safety, protection of health and environmental protection is reflected.
In case of the unauthorized construction expressed in implementation of asset demolition of construction without receipt of allowing documentation on construction and (or) without project documentation in case obligation of obtaining and developments of such documentation is stipulated by the legislation, and (or) with violation of the requirements established by allowing documentation on construction, executive committee the decision on reduction of the parcel of land in condition, suitable for use on purpose, in which it is specified is made:
procedure for the treatment of the materials and waste formed in case of asset demolition;
procedure for recovery of fertility of the broken lands and their involvement in economic circulation;
need (lack of need) of return of the parcel of land.
______________________________
* Except as specified unauthorized construction physical persons of the one-apartment, blocked apartment house, the apartment in the blocked apartment house and (or) non-residential capital constructions on the parcel of land provided in the procedure established by the legislation for construction and (or) servicing of the apartment house, and also unauthorized construction of economic constructions on the parcels of land provided in the procedure established by the legislation for maintaining personal subsidiary farm if the unauthorized construction is performed without violation of requirements of town-planning regulations and essential safety requirements.
** For the purposes of the paragraph of third of part one of Item 6 of this provision reduction of unauthorized construction in the condition conforming to requirements of town-planning regulations and essential safety requirements is understood as reduction of unauthorized construction in former, before implementation of unauthorized construction, condition which does not contradict requirements of town-planning regulations (in case of their availability for the corresponding territory) or to other conditions of building and development of the territories established by the legislation and also the requirements established by technical regulatory legal acts, obligatory for observance.
7. In the decision of executive committee made according to Items 3-6 of this provision terms of accomplishment of the actions by person who performed unauthorized construction provided by this decision are determined.
8. For decision making about continuation of construction or about acceptance of unauthorized construction in operation and its state registration in accordance with the established procedure in case of unauthorized construction physical persons of the one-apartment, blocked apartment house, the apartment in the blocked apartment house and (or) non-residential capital constructions on the parcel of land provided in the procedure established by the legislation for construction and (or) servicing of the apartment house and also in case of unauthorized construction of economic constructions on the parcels of land provided in the procedure established by the legislation for maintaining personal subsidiary farm without receipt of allowing documentation on construction and (or) without project documentation in case obligation of obtaining and development of such documentation is stipulated by the legislation, and (or) with violation of the requirements established by allowing documentation on construction, citizens performed unauthorized construction, represent to district (city) executive committee, local administration of the area in the city the statement and other documents specified in Item 9.4 of the list of the ministerial procedures performed by state bodies and other organizations for petitions from citizens, No. 200 approved by the Presidential decree of the Republic of Belarus of April 26, 2010.
9. For preparation and introduction by district (city) executive committees, local administrations of areas in the cities of motivated offers in regional (The Minsk city) executive committees concerning decision making, provided in Item 6 of Article 223 of the Civil code of the Republic of Belarus:
9.1. the citizens who performed unauthorized construction represent to district (city) executive committee, local administration of the area in the city the statement and other documents specified in Item 9.4 of the list of the ministerial procedures performed by state bodies and other organizations for petitions from citizens;
9.2. the legal entities and individual entrepreneurs who performed unauthorized construction address to district, (city) executive committee, local administration of the area in the city for implementation of the ministerial procedure provided in subitem 3.9.11 of Item 3.9 of the single list of the ministerial procedures performed concerning subjects of the managing approved by the resolution of Council of Ministers of the Republic of Belarus of September 24, 2021 No. 548, with provision of the following documents:
statement;
the conclusion on reliability bearing capabilities and stability of design of unauthorized construction;
specifications on engineering facilities of object;
the written consent of all participants of common ownership to continuation of construction or to acceptance of unauthorized construction in operation and its state registration;
the sheet of technical characteristics on unauthorized construction;
9.3. in case of unauthorized construction in the cases provided in paragraphs the third or fifth part one of Item 1 of Article 223 of the Civil code of the Republic of Belarus the following conditions shall be complied in total:
preserving unauthorized construction and change of purpose of the existing parcel of land do not attract fundamental breaches of town-planning and construction regulations and rules *;
there is consent of adjacent land users (land users of the parcel of land which part is occupied) to preserving unauthorized construction and change of borders of the parcels of land;
absence on consideration in court of dispute concerning object of unauthorized construction and (or) the parcel of land, and also the unexecuted court decree (the executive document) obliging to make certain actions concerning object of unauthorized construction and (or) the parcel of land;
losses of agricultural and (or) forestry and landscape production in full (are compensated in case of their availability);
the payment for the legalization right in the amount of the cadastral cost of the parcel of land or its part is brought in the local budget;
the payment for the parcels of land or the additional parcel of land or payment for the right of lease of the parcel of land or the additional parcel of land provided in private property according to item 4 of Article 36 and Item 1 of article 37 of the Code of the Republic of Belarus on the earth is brought.
______________________________
* Fundamental breaches of town-planning and construction regulations and rules are understood as violations which can create potential hazard of violation of the rights and the interests of other persons protected by the legislation, to life or health of citizens, property of citizens and legal entities, to violate the regulations of use of the territory established by the approved town-planning documentation, and also to do harm to the environment, to reduce operational suitability of object.
10. For decision making on the unauthorized construction including provided in Item 5 of Article 223 of the Civil code of the Republic of Belarus, and also preparation and introduction by district (city) executive committees, local administrations of areas in the cities of the motivated offers in regional (The Minsk city) executive committees concerning decision making provided in Item 6 of Article 223 of the Civil code of the Republic of Belarus, the executive committee creates the permanent commission.
The commissions are included representatives of the structural divisions of executive committee performing state powers of authority in the field of architectural, town-planning and construction activities, housing and communal services, use and protection of lands, managements (departments) of internal affairs and other structural divisions of executive committee and also authorized officers of the bodies and organizations exercising the state sanitary inspection, and if necessary – representatives of municipal and other organizations.
For detailed consideration of the facts of unauthorized construction by executive committee of the commission other specialists can be involved (from their consent).
The structure of the commission affirms the decision of executive committee.
11. The commission till five days from the date of receipt of the statement studies documents, surveys unauthorized construction and constitutes the conclusion which is signed by all members of the commission.
In the conclusion of the commission are reflected:
compliance (discrepancy) of unauthorized construction to purpose of the parcel of land;
type of construction activities;
compliance (discrepancy) of unauthorized construction to town-planning regulations and essential safety requirements, legislation on protection and use of lands, and also to sanitary standards and rules, hygienic standard rates;
observance of the conditions established in subitem 9.3 of Item 9 of this provision;
conclusions about possibility of acceptance by district (city) executive committee, local administration of the area in the city of the decision on continuation of construction or about acceptance of unauthorized construction in operation and its state registration in accordance with the established procedure;
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