RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 1, 2023 No. 846

About implementation of the Presidential decree of the Republic of Belarus of May 30, 2023 No. 155

In pursuance of Item 8 of the Presidential decree of the Republic of Belarus of May 30, 2023 "About gardening partnerships" the Council of Ministers of the Republic of Belarus DECIDES: No. 155

1. Approve:

The regulations on procedure and sales terms of garden lodge (share in the property right to it) local executive and administrative organs at auction or without its carrying out, and also about procedure and conditions of the organization and holding such auctions (are applied);

standard regulations of gardening partnership (are attached).

2. Determine what in the gardening partnerships (further - partnerships) which transferred to the possession of the Republic of Belarus air and cable power lines of 10 kilovolts, transformer substations of 0,4/10 of kilovolts and other air and cable power lines and transformer substations according to the Regulations on procedure for transfer into the ownership of the Republic of Belarus for power lines and transformer substations of gardening partnerships approved by the Presidential decree of the Republic of Belarus of May 30, 2023 No. 155, the conclusion of the contract of electric utility service with copartners and other persons to whom the parcels of land located in partnership borders belong on the property right, the life inherited tenancy or lease (further - copartners) is performed by the state power supplying organization after assignment of numbers of personal accounts to the garden lodges belonging to them, and in the absence of garden lodges - to economic constructions and other constructions.

Assignment of numbers of personal accounts is provided with the state power supplying organization on condition of representation by partnership:

information on the decision of local executive committee on withdrawal and provision of the parcel of land located in partnership and the identification information about the land user * (in case of lack of the document certifying the right to the parcel of land) or about state registration of the rights, restrictions (encumbrances) of the rights to the parcel of land (share in the right to it) and the identification information about the land user;

copies of the written agreement of participants of equity property, the life inherited tenancy or lease of the parcel of land located in the partnership borders, and (or) the garden lodge located on it, economic constructions determining from the list of such equity members of one representative of common interests in relations with the state power supplying organization.

Information specified in the paragraph the second to part two of this Item is created by board of partnership based on the relevant information of local executive and administrative organ in the territory of which the partnership is located, or in case of its absence - based on information of copartners with indication of numbers of the parcels of land according to the project of the organization and building of the territory of partnership.

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* For the purposes of this resolution the identification information about the land user is understood as the information about person to which the parcel of land for collective gardening is provided, or about person who acquired such parcel of land (the right to it) according to the transaction or other method which is not contradicting the legislation, the including surnames, own name, middle name (if that is available), birth date, identification number, and in case of lack of such number - series (in the presence), number and date of issue of the identity document this about registration at the place of residence and (or) the place of stay.

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. Partnerships:

shall within one year after entry into force of this resolution bring the regulations into accord with this resolution;

has the right to include in regulations in addition to regulations of the standard regulations of gardening partnership approved by this resolution, other regulations which are not contradicting regulatory legal acts including concerning objects of engineering and (or) transport infrastructure of partnership and its members.

Regulations of partnerships before their reduction in compliance with this resolution are effective in the part which is not contradicting this resolution.

6. To the Ministry of Economics, the Ministry of Architecture, the Department of Energy, the State committee on property to make in limits to the competence explanations concerning application of this resolution.

7. This resolution becomes effective since December 2, 2023.

Appendix 1

to the Resolution of Council of Ministers of the Republic of Belarus of December 1, 2023 No. 846

The list of the changes made to resolutions of Council of Ministers of the Republic of Belarus

1. In 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:

add Item 1 with subitem 1.2-1 of the following content:

"1.2-1. procedure for relations of members of the gardening partnerships (other persons, to whom belong the parcels of land located in borders of gardening partnerships) which transferred according to the Regulations on procedure for transfer into the ownership of the Republic of Belarus for power lines and transformer substations of gardening partnerships approved by the Presidential decree of the Republic of Belarus of May 30, 2023 No. 155, in property of the Republic of Belarus the air and cable power lines of 10 kilovolts which are directly connected to power networks PUP-oblenergo, being in property of gardening partnerships, transformer substations of 0,4/10 of kilovolts, other air and cable power lines and transformer substations (further - the gardening partnerships which transferred electroinstallations to fixed assets PUP-oblenergo), with PUP-oblenergo according to the conclusion, execution, change, prolongation and the termination of agreements of electric utility service, to conditions of supply and use of electrical energy, calculations for electrical energy and responsibility of the parties;";

in the paragraph the second shall be replaced with words parts one of Item 8 of the word "local executive and administrative organ" "district, city (the cities of regional and district subordination) the executive committee, local administration of the area in the city" in the corresponding case;

9, the paragraph third Item parts five 41, paragraph one of part one of Item 43, paragraph one of part one of Item 491, the paragraph third Item 127 parts one after the words "to 3 kW" to add Item with the word "inclusive";

in part one of subitem 10.1 of Item 10:

word in paragraph three of "local executive and administrative organ" shall be replaced with words "district, city (the cities of regional and district subordination) executive committee, local administration of the area in the city";

in paragraph four:

shall be replaced with words words of "local executive and administrative organ" "district, city (the cities of regional and district subordination) executive committee, local administration of the area in the city";

after the words "to 3 kW" to add the paragraph with the word "inclusive";

in Item 12:

to add paragraph two after the words "to 3 kW" with the word "inclusive";

in paragraph four of the word "or USKIZ" shall be replaced with words ", either USKIZ, or smart platform";

to add the paragraph of the sixth of subitem 13.2 of Item 13 with words ", including for the purposes of delivery to power network of the power supplying organization of the electrical energy made by the block station, heating and (or) hot water supply, food preparation, the device of the charging power network (installation of charging stations, including superbystry) intended for charging of electric vehicles";

in Item 18:

the ninth to add the paragraph with words ", food preparation, the device of the charging power network (installation of charging stations, including superbystry) intended for charging of electric vehicles";

the eleventh to state the paragraph in the following edition:

"data on right certifying documents on object of electric utility service, except as specified, when specifications on accession are issued district, city (the cities of regional and district subordination) by executive committee, local administration of the area in the city according to the procedure determined in the paragraph the second part one of Item 8 of these rules;";

add Item with the paragraph of the following content:

"data on the reference confirming implementation of construction of garden lodge, and also the economic constructions and other constructions necessary for collective gardening according to the project of the organization and building of the territory of gardening partnership (for members of gardening partnerships, other persons who belong the parcels of land located in borders of gardening partnership in case of the address in PUP-oblenergo).";

in Item 19:

"other organizations" to add part one after words with words ", including gardening partnerships";

the second to state part in the following edition:

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