PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of May 30, 2023 No. 155

About gardening partnerships

For the purpose of enhancement of legal regulation of activities of gardening partnerships (further if other is not determined, - partnerships) and providing the rights of citizens I decide:

1. Approve:

The regulations on gardening partnership (are applied);

The regulations on procedure for transfer into the ownership of the Republic of Belarus for power lines and transformer substations of gardening partnerships (are applied).

2. Determine that:

2.1. partnerships:

except for the partnerships performing business activity are exempted from obligation of conducting financial accounting and creation of the accounting and (or) financial reporting and record the income, expenses and property according to the procedure, established by the Ministry of Taxes and Tax Collection and the Ministry of Finance. Accounting of the income, expenses and property does not exempt partnership from creation and storage of source accounting documents;

provide collection and waste disposal, formed in partnerships, according to schemes of the address with the municipal waste developed and approved according to the legislation on the address with waste;

sign service provision agreements according to the address with the solid municipal waste which is formed in partnerships with the organizations rendering such services;

notify local executive and administrative organ in the territory of which the partnership is located, on election (release from post) of the chairman of the board of partnership (further - the chairman of the board) in ten-day time from the date of the conclusion (termination, the termination) the terminal employment contract with the electee (relieved of the post) by the chairman of the board;

within five years after entry into force of this Item shall bring the available projects of the organization and building of the territories of partnerships to urgent state or to develop such projects (in case of their absence);

2.2. for the purpose of maintenance in urgent condition of information on land users of the parcels of land the partnership has the right to send once within calendar year to local executive and administrative organ in the territory of which the partnership, the request about the happened change of land users in this partnership for the period which is not exceeding one year before date of sending an inquiry is located.

Local executive and administrative organs according to the request provided in part one of this subitem provide information for the required period in a month:

about the made decisions on withdrawal and provision of the parcels of land with indication of dates and numbers of such decisions, addresses of the parcels of land, their cadastral numbers (in the presence) and the identification information about land users;

about implementation of state registration of transition of the rights to the parcels of land (share in the right to them), arrived from the territorial organizations for state registration of real estate, the rights to it and transactions with it, with indication of addresses of the parcels of land, their cadastral numbers and the identification information about land users;

2.3. the payment for opening and servicing of the current (settlement) bank accounts of partnerships by banks is levied in the amount of, provided for physical persons;

2.4. collection by partnerships of debt on fees and penalty fee is made in indisputable procedure based on executive texts of notaries;

2.5. in case of recognition by court of garden lodge, the parcel of land on which this garden lodge is located (share in the right to them), ownerless or being part of the heritable property recognized as escheated inheritance and their transfers to property of administrative and territorial unit local executive and administrative organ within 90 calendar days from the date of entry into force of the relevant decision of court:

addresses to the territorial organization for state registration of real estate, the rights to it and transactions with it behind implementation based on the relevant decision of court of state registration of the termination of the rights of the citizen to such garden lodge, parcel of land (share in the right to them). State registration of the property right of administrative and territorial unit to garden lodge, parcel of land (share in the right to them) in the single state register of real estate, the rights to it and transactions with it is not performed;

makes the decision on alienation of such garden lodge (share in the property right to it) or on its demolition if it is in critical condition or threatens with collapse *, and provision of the parcel of land on which this garden lodge, to the new land user according to the legislation on protection and use of lands is located.

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* The garden lodge is recognized the collapse which is in critical condition or threatening if it has serious cracks in walls, variations from vertical, curvatures of horizontal lines of facades, other considerable deformations or damages (including partial destruction or destruction) walls and (or) other basic structural elements (roof, inserted floors and another) menacing with collapse of garden lodge.

Sale of the specified garden lodges (share in the property right to them) in Minsk, the Minsk district and in other territories determined by regional executive committees is performed by results of auctions. In case of sale at auction of garden lodge sale of the parcel of land for collective gardening on which it is located, in private property or the rights of lease of such parcel of land is at the same time performed.

At the same time alienation of share in the property right to the garden lodges located in Minsk, the Minsk district and in other territories determined by regional executive committees within which sale of the parcels of land is performed by results of auctions, to the participant of equity property having the privilege of purchase of the sold share is allowed without holding the auction.

Starting price of sale of garden lodge (share in the property right to it) at auction or selling price of garden lodge (share in the property right to it) without holding the auction is established on the market value determined by the territorial organization for state registration of real estate, the rights to it and transactions with it according to the legislation on estimative activities.

In case of lack of technical data sheet or the sheet of technical characteristics on garden lodge assessment of market value of such garden lodge (share in the property right to it) is performed based on the measurements made by the territorial organization for state registration of real estate, the rights to it and transactions with it.

Costs for the organization and holding the auction selling garden lodge (share in the property right to it), including the expenses connected with production and provision to participants of auction of documentation necessary for its carrying out, evaluating market value of garden lodge (share in the property right to it) are compensated by the winner of auction. The amount of such compensation shall not exceed the amount of actual costs on the organization and holding the auction, production of documentation necessary for its carrying out, evaluating market value of garden lodge (share in the property right to it), and also to include costs on earlier held not productive, cancelled auctions in case of repeated exposure of garden lodge (share in the property right to it) to auction.

In case of sale of garden lodge (share in the property right to it) without holding the auction by the acquirer of garden lodge (share in the property right to it) the expenses connected with production of necessary documentation on sale of garden lodge (share in the property right to it), expenses on publication of the notice in mass media on such sale and also expenses on evaluating market value of garden lodge (share in the property right to it) are refunded.

Starting price of sale at auction of garden lodge (share in the property right to it) can be lowered:

no more than for 50 percent inclusive after the first cancelled auction *, and also in case of refusal the single participant from acquisition of subject of auction for the starting price increased by 5 percent;

no more than for 80 percent inclusive after the cancelled auction held according to the paragraph the second this part, and also in case of refusal the single participant from acquisition of subject of auction for the starting price increased by 5 percent.

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* The auction is recognized cancelled if the application for participation in it is submitted only by one participant, or for participation in auction any application was not submitted, or on auction one of participants was, or on auction any of participants was not.

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