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The document ceased to be valid since  December 31, 2016 according to Item 1 of the Resolution of the Ministry of forestry of the Republic of Belarus of December 19, 2016 No. 74

RESOLUTION OF THE MINISTRY OF FORESTRY OF THE REPUBLIC OF BELARUS

of December 18, 2007 No. 51

About approval of the Instruction about procedure for holding timber auctions on forest utilization implementation

 

IT IS APPROVED

Ministry of Finance

Republic of Belarus

18.12.2007

IT IS APPROVED

Ministry of Economics

Republic of Belarus

18.12.2007

 Based on part two of Article 44 of the Forest code of the Republic of Belarus, Regulations on the Ministry of forestry of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of March 16, 2004 No. 298 "Questions of the Ministry of forestry of the Republic of Belarus", and for the purpose of carrying out the single economic policy in the field of forestry providing necessary conditions for effective work of the legal entities conducting forestry the Ministry of forestry of the Republic of Belarus DECIDES:

1. Approve the enclosed Instruction about procedure for holding timber auctions on forest utilization implementation.

2. This resolution becomes effective from the date of its official publication.

 

Minister P.M.Semashko

Approved by the Resolution of the Ministry of forestry of the Republic of Belarus of December 18, 2007 No. 51

The instruction about procedure for holding timber auctions on forest utilization implementation

Chapter 1. General provisions

1. The instruction about procedure for holding timber auctions on forest utilization implementation (further - the Instruction) is developed according to Article 44 of the Forest code of the Republic of Belarus and establishes single procedure for the organization and holding timber auctions on forest utilization implementation (further - auction) in forest fund legal entities and individual entrepreneurs by results of auctions.

2. Subject of auction is implementation of forest utilization on the site of forest fund.

3. Auctions are held by the legal entities conducting forestry (further - forestry) together with local executive and administrative organs.

The forestry has the right to offer the sites of forest fund suitable for implementation of the following types of forest utilization for auction:

gallipot procurement;

procurement of minor forest resources;

collateral forest utilization.

4. The auction is open.

The legal entities and individual entrepreneurs interested in receipt of sites of forest fund for forest utilization implementation (further - participants of auction) can be participants of auction.

5. Funds from holding the auction are allocated for the current (budget) account of forestry.

Chapter 2. Procedure for the organization of auction

6. The auction is held based on the joint decision of forestry and local executive and administrative organ.

For the organization and holding the auction under forestries the commission on the organization and holding the auction is created (further - the commission). The commissions are included representatives of forestry, local executive and administrative organ, and also representatives of the interested state bodies and the organizations can join (from their consent).

The commission is created for the organization and holding one auction or for certain period, but no more than for one year.

7. The forestry determines:

the number of sites of forest fund which are offered for auction;

sources of financing of actions for holding the auction;

borders of the site of forest fund which is supposed to be provided in temporary use by results of auction;

types, terms and amounts of forest utilization which can be performed on the site of forest fund provided in use.

8. Only those sites of forest fund on which there is project of forest management and which are not object of lease can be offered for auction.

9. Commission:

determines the place, date and time of the beginning and the end of reception of applications about participation in auction, the place, date and time of holding the auction, leading of its results;

adopts statements on participation in auction and the documents specified in Item 14 of these rules;

represents the characteristic of the sites of forest fund put up for sale for acquaintance of participants of auction;

will organize survey of sites of forest fund which are supposed to be provided in use by results of auction;

prepares and publishes the notice on the held auction in mass media;

checks correctness of document creation for participation in auction, represented by legal entities and individual entrepreneurs;

determines the starting (starting) price of subject of auction;

determines and approves expenses on the organization and holding the auction;

determines the amount of increase in the price of subject of auction (further - bid increment) which is established ranging from 5 to 15 percent from the previous price called by the auctioneer;

determines amount of deposit (to 10 percent from starting price of subject of auction) and other conditions of participation in auction;

makes the decision on recognition of legal entities or individual entrepreneurs by participants of auction or on refusal in the admission to participation in auction and notifies them on the made decision;

holds auction and draws up results of auction;

resolves disputes on procedure for holding the auction.

10. The commission has the right to make decisions on condition of presence at meeting at least 2/3 of her members.

The decision of the commission is made by open voting of the members of the commission who are present at meeting, by a simple majority vote. In case of equality of votes the commission chairman has the right of casting vote. The decision of the commission is drawn up by the protocol which is signed by the chairman and members of the commission who were present at meeting.

11. Starting price of subject of auction is determined proceeding from dachshunds on forest uses which are supposed to be performed on the sites of forest fund transferred to temporary use by results of auction, both expenses for the organization and holding the auction.

Starting price of subject of auction is established in relation to the specific site of forest fund which is supposed to be transferred to temporary use by results of auction.

12. The notice on holding the auction is published in mass media (republican and local) not later than 30 days before date of auction and shall contain:

data on type and subject of auction;

date, time, place and procedure for holding the auction;

the place, date and time of the beginning and the end of reception of applications and the documents attached to them;

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