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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 26, 2008 No. 462

About some measures for implementation of the Presidential decree of the Republic of Belarus of December 27, 2007 No. 667

(as amended on 02-04-2020)

According to subitem 19.2 of Item 19 of the Presidential decree of the Republic of Belarus of December 27, 2007 "About withdrawal and provision of the parcels of land" the Council of Ministers of the Republic of Belarus DECIDES: No. 667

1. Approve:

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 the conclusion of lease agreements of the parcels of land (are applied);

The regulations on procedure for determination of the size of the losses caused to land users by withdrawal at them of the parcels of land and demolition of the real estate objects located on them (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);

Regulations on procedure for the organization and holding auctions for sale of objects of state-owned property and the parcel of land in private property or rights to contract of lease of the parcel of land for servicing of real estate (are applied);

Regulations on procedure for the organization and holding auctions with conditions on the right of designing and construction of capital structures (buildings, constructions) (are applied);

The regulations on procedure for compensation of losses of agricultural production (are applied);

The regulations on procedure for compensation of losses of forestry and landscape production (are applied);

the list of the organizations performing determination of the size of losses, caused by seizure of land and demolition of the real estate objects located on them (is attached);

Regulations on procedure for the organization and holding auctions for sale of the objects which are in state-owned property without sale of right to contract of lease of the parcel of land necessary for servicing of alienable property (are applied).

2. Determine that:

2.1. the amount of losses of agricultural and (or) forestry and landscape production is determined by the organizations for land management located in the corresponding territory, determined by the State committee on property from among the organizations subordinated to it, design and survey municipal unitary enterprise "Zemproyekt" in borders of Minsk, the municipal land unitary enterprise "Gomelgeodeztsentr" in borders of Gomel based on standard rates of compensation of such losses with coefficients to them. 

In case of withdrawal of the parcel of land the approximate amount of losses of agricultural and (or) forestry and landscape production is determined by preparation of the land and cadastral documentation necessary for work of the commission on the choice of the location of the parcel of land, land and cadastral documentation on the parcel of land planned to withdrawal for holding the auction, and actual - in case of project development of withdrawal of the parcel of land. In case of the construction of underground linear constructions (gas pipelines, oil pipelines, power lines, communication and other constructions) performed in borders of conservation zones (controlled strips) of these constructions till one and a half years without seizure of land, the approximate amount of losses of agricultural and (or) forestry and landscape production is determined by preparation of the land and cadastral documentation necessary for work of the commission on the choice of the location of the parcel of land, and actual - after development and approval in accordance with the established procedure of the project documentation on construction of these constructions.

Losses of agricultural and (or) forestry and landscape production are compensated by citizens, individual entrepreneurs and legal entities based on decisions:

regional, Minsk city, city (the cities of regional, district subordination), district executive committees, administrations of free economic zones (if the right of withdrawal and provision of the parcels of land is delegated corresponding regional, Minsk city and city (the cities of regional, district subordination) by executive committees) about withdrawal and provision of the parcels of land from farmlands, lands of forest fund for the purposes which are not connected with purpose of these lands;

district, city (the cities of regional, district subordination) executive committees about permission of the construction of underground linear constructions (gas pipelines, oil pipelines, power lines, communication and other constructions) performed in borders of conservation zones (controlled strips) of these constructions till one and a half years without seizure of land;

2.2. citizens, individual entrepreneurs and legal entities who under the terms of branch shall give the parcels of land provided to them in temporary use or lease (farmlands and the earth of forest fund) in the condition suitable for use as farmlands, lands of forest fund, compensate losses of agricultural and (or) forestry and landscape production in the amount of 4 percent from the amounts estimated based on standard rates of compensation of such losses with coefficients to them for every year of use of these parcels of land.

Losses of agricultural and (or) forestry and landscape production are compensated in full by provision of the parcels of land from farmlands, lands of forest fund in temporary use or lease if under the terms of branch such parcels of land are further not provided to be used as farmlands, lands of forest fund;

2.3. if the parcel of land provided in temporary use or lease under the terms of branch is subject to reduction in the condition suitable for use as farmlands, lands of forest fund, but before the expiration of use and its recultivation is allocated in accordance with the established procedure for others to the citizen, the individual entrepreneur and the legal entity for the purposes which are not connected with purpose of such lands, that compensation of losses of agricultural and (or) forestry and landscape production is performed by the citizen, the individual entrepreneur and the legal entity asking this site less the means which arrived from compensation of these losses for the period of temporary use or lease of the site.

The means provided in the project of recultivation of the parcel of land and unused to destination are listed by the citizen, the individual entrepreneur and the legal entity to whom this site, in the republican budget for their further use on the purposes determined in Item 3 of the Regulations on procedure for compensation of losses of agricultural production and Item 3 of the Regulations on procedure for compensation of the losses of forestry and landscape production approved by this resolution was allocated;

2.4. are determined by local executive committees based on the cadastral cost of the parcels of land using coefficients for determination of the amount 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 such agreements according to appendix 1 depending on lease term of the parcels of land:

the amount of payment for the right of the conclusion of lease agreements of the parcels of land by provision of the parcels of land without holding the auction on the right of the conclusion of lease agreements, auction with conditions on the right of designing and construction of capital structures (buildings, constructions) and in other cases provided by legal acts. In provision cases in lease without holding the auction of the parcels of land with the capital structures (buildings, constructions) which are subject to demolition located on them the additional coefficient of 0,5 is applied to the payment determined according to paragraph one of this subitem. By provision in lease of the parcels of land to residents of free economic zones the additional coefficient of 0,1 is applied to construction and servicing of real estate units in these zones to the payment determined according to paragraph one of this subitem;

starting price of right to contract of lease of the parcel of land when holding auctions:

on the right of the conclusion of lease agreements of the parcel of land;

on the right of designing and construction of capital structures (buildings, constructions);

selling objects of state-owned property and on right to contract of lease of the parcel of land for servicing of real estate.

3. To regional executive committees, the Minsk city executive committee together with the Ministry of Architecture, the State committee on property, interested to approve another and till September 1, 2008 to introduce in Council of Ministers of the Republic of Belarus schemes of placement of satellite towns and areas of individual housing construction for 2008-2013, appropriate programs of actions and scheduled plans of work on engineering training of the new territories for these purposes with reflection of sources of financing.

4. Impose control of target use of the funds arriving from compensation of losses of agricultural and (or) forestry and landscape production for the State committee on property, the Ministry of forestry and the Ministry of Finance.

5. Make changes and additions to the following resolutions of Council of Ministers of the Republic of Belarus:

5.1. 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" (the joint venture of the Republic of Belarus, 1992, No. 34, Art. 628; National register of legal acts of the Republic of Belarus, 2006, No. 124, 5/22658):

in Item 2 of the word "Provisional regulations" to replace with the word "Provision";

in Provisional regulations for the construction of apartment houses and other social facilities for sale approved by this resolution:

in the name and Item 1 of the word "Provisional regulations" to replace with the word "Provision";

the second Item 5 to state part in the following edition:

"To builders the parcels of land are provided according to the Presidential decree of the Republic of Belarus of December 27, 2007 to No. 667 "About withdrawal and provision of the parcels of land" (The national register of legal acts of the Republic of Belarus, 2008, No. 6, 1/9264).";

5.2. No. 623 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 06.07.2012

5.3. in the Development program of network of gas stations in the Republic of Belarus for the period till 2010 approved by the resolution of Council of Ministers of the Republic of Belarus of March 30, 2004 No. 139 (The national register of legal acts of the Republic of Belarus, 2004, No. 56, 5/14039; 2006, No. 187, 5/24187):

in part seven of the Section "Reasons for Need of Implementation of This Program" of the word "presidential decrees of the Republic of Belarus of March 29, 2002 No. 161 and of January 12, 2005 No. 11 "About some questions of development of network of gas stations" (The national register of legal acts of the Republic of Belarus, 2005, No. 6, 1/6160) "shall be replaced with words" the presidential decree of the Republic of Belarus of March 29, 2002 No. 161";

in the Section "Construction of Gas Stations in the Republic of Belarus till 2010":

state part one in the following edition:

"The regulations on procedure for withdrawal and provision of the parcels of land approved by the Presidential decree of the Republic of Belarus of December 27, 2007 No. 667 "About withdrawal and provision of the parcels of land" (The national register of legal acts of the Republic of Belarus, 2008, No. 6, 1/9264), it is provided that the land and cadastral documentation necessary for work of the commission on the choice of the location of the parcel of land, joins the conclusion of Belneftekhim concern - in case of coordination of the location of the parcel of land for construction of gas station and warehouse of oil products.";

the sixteenth to exclude part;

5.4. ceased to be valid

5.5. ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 21.06.2011 No. 812

5.6. ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 17.02.2012 No. 156

6. Recognize invalid resolutions of Council of Ministers of the Republic of Belarus according to appendix 2.

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

Prime Minister of the Republic of Belarus

S. Sidorsky

Approved by the Resolution of Council of Ministers of the Republic of Belarus of March 26, 2008 No. 462

Regulations on procedure for the organization and holding auctions for sale of the parcels of land in private property

Chapter 1. General provisions

1. This Provision establishes procedure for the organization and holding auctions for sale of the parcels of land in private property of citizens of the Republic of Belarus (further – citizens) for construction and servicing of the one-apartment, blocked apartment houses (except as specified when the parcels of land are in use, the life inherited tenancy of citizens or on the lease right, but with the apartment houses located on them belonging to citizens on the property right), collective gardening (except as specified when the parcels of land for collective gardening are in use, the life inherited tenancy of citizens or on the lease right), country construction (except as specified when the parcels of land for country construction are in use, the life inherited tenancy of citizens or on the lease right, but with the dachas located on them belonging to citizens on the property right), and also non-state legal entities of the Republic of Belarus (further – legal entities) (further if other is not determined, – auctions). Action of this provision does not extend to the relations selling the parcels of land in private property at the electronic biddings, and also property of the liquidated legal entity from the public biddings.

2. Creation of the parcels of land created for holding the auction, emergence of the property right of the Republic of Belarus of restrictions (encumbrances) of the rights to them shall be registered in the single state register of real estate, the rights to it and transactions with it.

3. Auctions for sale of the parcels of land to private property of citizens for construction and servicing of the one-apartment, blocked apartment houses are held Minsk city, city (the cities of regional, district subordination), district, rural, settlement executive committees according to their competence or the state organizations authorized by them, and to private property of legal entities for the specified and other purposes – regional, Minsk city, city (the cities of regional, district subordination), district executive committees according to their competence or the state organizations authorized by them. Auctions for sale of the parcels of land for collective gardening, country construction are held to private property of citizens city (the cities of regional, district subordination), district executive committees according to their competence or the state organizations authorized by them. 

4. The sizes of the citizens of the parcels of land sold at auctions in private property for collective gardening, country construction, and also the sizes of the citizens and legal entities of the parcels of land sold at auctions in private property for construction and servicing of the one-apartment, blocked apartment houses are established according to the Code of the Republic of Belarus about the earth and other legal acts, and the parcels of land sold in private property of legal entities for other purposes – the projects of withdrawal of the parcels of land developed taking into account schemes of land management of areas, town-planning projects of detailed planning, and in the absence of the specified schemes and town-planning projects – materials of preliminary coordination of the location of the parcels of land.

5. It is excluded

6. Auctions are open. The payment for participation in auctions is not levied.

Citizens and legal entities if other is not established by legal acts can be participants of auction.

In auction participation on the party of the buyer of the consolidated participants – two and more citizens, legal entities is allowed.

For the purpose of participation in auction as the consolidated participants citizens, legal entities sign the agreement on joint participation in auction in which determine:

shares of the participation in acquisition of the parcel of land;

the mutual rights and obligations on participation in auction;

the authorized person which will represent at auction of the agreement party about joint participation in auction and to sign the protocol on results of auction (further – the authorized person);

condition that agreement parties about joint participation in auction bear joint liability according to the obligations connected with participation in auction;

the maximum size of the price which the authorized person has no right to exceed with participation in the biddings at auction;

other conditions (if necessary).

The citizens, legal entities who signed the agreement on joint participation in auction issue to the authorized person the relevant powers of attorney.

7. The means received from holding auctions go to the corresponding local budgets.

Chapter 2. Procedure for the organization of auction

8. The auction is held based on the decision regional, Minsk city, city (the cities of regional, district subordination), district, rural, settlement executive committees (further – local executive committee), accepted within their competence according to which the commission on the organization and holding the auction is created (further – the commission) or the state organization for its carrying out authorized by them is determined (further – the organization). The commissions are included representatives of the structural divisions of local executive committee performing state powers of authority in the field of architectural, town-planning and construction activities, housing and communal services, economic development, structural division of land management and also representatives of other bodies and organizations can join.

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

9. Local executive committee:

determines sources of financing of actions for holding the auction;

provides forming and state registration of creation of the parcels of land offered for auction, emergence of the property right of the Republic of Belarus, restrictions (encumbrances) of the rights to them, determines their purpose, and also purpose of the parcels of land according to the single classification of purpose of real estate units approved in accordance with the established procedure;

makes according to the competence the decision on provision of payment by installments of introduction of payment for the parcels of land acquired in private property by results of auction;

determines and approves starting price of the parcels of land;

signs with participants of auction the agreement on the rights, obligations and responsibility of the parties in the course of preparation and holding the auction (further - the agreement) in the form approved by the State committee on property or charges the conclusion of such agreement of the organization.

10. Commission or organization:

adopts statements for participation in auction and the documents specified in Item 15 of this provision;

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 and leading of its results;

will organize the publication of the notice on holding the auction (further – the notice) and in addition information on the announced tender and subject of auction (further – information on auction), messages on refusal of holding the auction;

represents for acquaintance of participants of auction materials of land management case on withdrawal of the parcel of land for holding the auction and provision to the winner of auction or the single participant of cancelled auction, town-planning and other documentation;

will organize survey on the area of the parcels of land which are offered to be sold at auction;

acquaints participants of auction with the conditions provided in the decision on withdrawal of the parcel of land for holding the auction and provision to the winner of auction or the single participant of cancelled auction;

checks correctness of document creation for participation in auction, provided by citizens and legal entities;

determines and approves costs for the organization and holding the auction, including the expenses connected with production and provision to participants of auction of documentation necessary for its carrying out;

determines the amount of increase in the price of the parcels of land (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 20 percent from starting price of the parcel of land) and other conditions of participation in auction;

establishes the size of the penalty paid by participants of auction according to part two of Item 15 of this provision and legal acts;

makes the decision on recognition of citizens and legal entities 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 its results;

resolves disputes on procedure for holding the auction.

11. Starting price of the parcel of land is determined at a rate of not less than its cadastral cost operating on approval date with local executive committee of starting price of the parcel of land.

12. The commission has the right to make the decision 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 members of the commission who were present at meeting and affirms the commission chairman.

13. The notice is published on the corresponding official sites of regional executive committees, the Minsk Gorispolkom and State committee on property in the global computer Internet not later than 30 calendar days before date of auction and shall contain:

data on auction type;

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;

cadastral numbers and addresses of the parcels of land offered for auction, their quantity and the sizes, purpose, and also purpose of the parcels of land according to the single classification of purpose of real estate units approved in accordance with the established procedure;

the characteristic of the engineering communications and constructions located on the parcels of land (in case of their availability) and if necessary according to the decision of the commission or organization – engineering-geological conditions;

conditions of engineering development of infrastructure of the built-up territory;

starting price of each parcel of land;

cost information on the organization and holding the auction, including the expenses connected with production and provision to participants of auction of documentation necessary for its carrying out, procedure and terms of their compensation;

the conditions provided in the decision on withdrawal of the parcel of land for holding the auction and provision to the winner of auction or the single participant of cancelled auction;

amount of deposit, term and procedure for its introduction, details of the payment document for money transfer and other conditions of participation in auction;

inspection routine on the area of the parcels of land which are offered for auction;

address and contact phone number of the commission or organization;

the list of documents which need to be provided to participants of auction till its beginning;

holding the auction conditions (availability at least two participants).

Information on auction no later than 5 working days after publication of the notice in addition is subject to publication in the printing mass media determined by regional executive committees and the Minsk Gorispolkom and also can be published on the websites of the relevant local executive committees on the global computer Internet.

In information on auction are specified:

date, time and venue of auction;

cadastral numbers and addresses of the parcels of land offered for auction, their quantity and the sizes, purpose;

starting price of each parcel of land;

information on publication of the notice on the corresponding official sites of regional executive committees, the Minsk Gorispolkom and State committee on property on the global computer Internet with indication of e-mail addresses of the websites.

The information access, published on the global computer Internet according to parts one and the second this Item, part two of Item 14 of this provision, is provided to interested persons without collection of payment and the conclusion of the agreement.

14. The local executive committee has the right to refuse holding the auction at any time, but not later than 3 working days before the appointed date of its carrying out what participants of auction are informed by the commission or the organization on. At the same time the sum of earnest money (inclinations) granted by participants of auction into the separate account of local executive committee is subject to return by it within 5 working days from the date of refusal of local executive committee of holding the auction.

The message on refusal of holding the auction is published on the corresponding official sites of regional executive committees, the Minsk Gorispolkom and State committee on property in the global computer Internet on which the notice was published.

Chapter 3. Conditions of participation in auction

15. For participation in auction the citizen, the legal entity (personally or through the representative or the authorized officer) submit the application for participation in auction with indication of cadastral numbers and addresses of the parcels of land which they wish to acquire in private property to the time established in the notice, submit the document confirming introduction of the sum of earnest money (inclinations) on the current (settlement) account specified in the notice with mark of bank and also sign with local executive committee or according to its order with the organization the agreement.

The condition about deposit, and also the specific size of the penalty paid shall be provided in the agreement:

the winner of auction in the cases specified in Item 29, the paragraph third to part one of Item 36 of this provision;

the single citizen or the legal entity who submitted the application for participation in auction (was on auction) and agreed with introduction of payment for the parcel of land in the amount of the starting price of subject of auction increased by 5 percent in case of its refusal (evasion) of cost recovery on the organization and holding the auction;

the participants of auction who refused to announce the price for auction subject therefore the auction is acknowledged not productive according to Item part four 24 this provision.

Besides, are represented to the commission or the organization:

the citizen – the copy of the document containing its identification data without notarial attestation;

the citizen's representative – notarially certified power of attorney;

the representative or the authorized officer of the legal entity – the power of attorney issued by the legal entity or the document confirming powers of the official, the copy of the documents confirming state registration of the legal entity without notarial attestation, the document with indication of bank details of the legal entity.

The consolidated participants for participation in auction represent also the original and the copy of the agreement on joint participation in auction.

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