RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 20, 2008 No. 427

About establishment of standard form of the lease agreement of the parcel of land

According to Item 6 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, Council of Ministers of the Republic of Belarus DECIDES:

1. Establish standard form of the lease agreement of the parcel of land according to appendix.

2. Recognize invalid:

the resolution of Council of Ministers of the Republic of Belarus of February 28, 2006 No. 292 "About approval of form of the lease agreement of the parcel of land" (The national register of legal acts of the Republic of Belarus, 2006, No. 41, 5/21033);

the resolution of Council of Ministers of the Republic of Belarus of August 22, 2007 No. 1078 "About modification and amendments in the resolution of Council of Ministers of the Republic of Belarus of February 28, 2006 No. 292" (The national register of legal acts of the Republic of Belarus, 2007, No. 209, 5/25699).

3. This resolution becomes effective since January 1, 2008 and extends to the lease agreements of the parcels of land signed after its introduction in force.

 

Appendix

to the Resolution of Council of Ministers of the Republic of Belarus of March 20, 2008 No. 427

Standard form

Lease agreement of the parcel of land

__ ____________ 20 __ .	____________________________
	(settlement)

 

___________________________________ executive committee, administration of the free economic zone _________________________________________________

(name)

(further – the lessor) on behalf of ___________________________________________________,

(employee's position, surname, own name, middle name

(if that is available))

acting on the basis of the ____________________________________________________,

(name of the document)

on the one hand, and _____________________________________________________________

(the name of person to which the parcel of land is provided in lease)

(further – the lessee) on behalf of ______________________________________________________

(the employee's position, surname, own name, middle name (if that is available))

_____________________________________________________________________________,

acting on the basis of the ____________________________________________________,

(name of the document)

on the other hand, signed this agreement as follows.

Subject of this agreement

1. The lessor gives by this agreement to urgent paid ownership and use the parcel of land (share in the property right to the parcel of land) (further – the parcel of land), at the address: __________________________

______________________________________________________________________________

the area ___________________ hectare, and the lessee accepts the specified parcel of land for use it _________________________________________________________.

(specific purpose)

2. Cadastral number of the parcel of land ____________________________________.

3. The parcel of land has (has) no restriction (encumbrance) in use _____________________________________________________________________________.

(specify)

Terms of this agreement

4. This agreement is subject to state registration in accordance with the established procedure. The lease right to the parcel of land arises from the moment of its state registration in the relevant organization for state registration of real estate, the rights to it and transactions with it and is effective on __ with _________ 20 __ .

5. This agreement can be ahead of schedule stopped according to the written agreement of the parties or will terminate by a court decision according to the legislation.

6. Upon the demand of the lessor this agreement can be ahead of schedule terminated by court in cases:

uses of the parcel of land by the lessee not according to the agreement or its non-uses;

delivery by the lessee of the parcel of land in the sublease and transfers of the rights and obligations according to the lease agreement to other person with change of its purpose;

withdrawals of the parcel of land for the state needs;

in other cases, stipulated by the legislation.

The unilateral refusal of the lessor from execution of this agreement is allowed in case of failure to carry out by the lessee at least of one of conditions of withdrawal of the parcel of land (the beginning of construction, other development of the parcel of land according to the purpose and conditions of its provision, payment transfer, other conditions of branch), replacements of the builder, and also in case of withdrawal and provision of the parcel of land with change of the right of lease to other type of the corporeal right according to part three of article 55 of the Code of the Republic of Belarus about the earth.

7. The lessee wishing to sign the lease agreement of the parcel of land for new term shall notify in writing on it the lessor not later than three months before expiration of the contract. If the lessee in writing did not notify the lessor on the desire to sign the lease agreement of the parcel of land for new term, after the duration of the agreement of lease of the parcel of land contractual relations of the parties and the right of lease to the parcel of land stop. State registration of their termination in the relevant organization for state registration of real estate, the rights to it and transactions with it is not required.

8. If after the conclusion and before cancellation of this agreement the act of the legislation establishing obligatory rules for the parties, others is adopted than those which were effective in case of the conclusion of this agreement conditions of the signed agreement shall be brought into accord with the legislation if other is not stipulated by the legislation.

9. After this agreement effective period the parcel of land shall be conditioned for the purposes __________________________________

(are determined by the decision of executive committee)

_____________________________________________________________________________.

Rent

10. The amount of the rent for the parcel of land ___________________________.

11. The rent is paid to the terms established by legal acts.

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