RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 30, 2011 No. 1782

About modification and amendments in the resolution of Council of Ministers of the Republic of Belarus of March 26, 2008 No. 462

According to the paragraph the fourth Item 3 of the Presidential decree of the Republic of Belarus of September 23, 2011 No. 431 "About some measures for enhancement of the relations in the field of withdrawal, provisions and uses of the parcels of land" the Council of Ministers of the Republic of Belarus DECIDES:

1. Bring in the 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" (The national register of legal acts of the Republic of Belarus, 2008, No. 83, 5/27442; No. 209, 5/28212; 2009, No. 14, 5/29081; No. 44, 5/29298; No. 107, 5/29655; No. 109, 5/29680; No. 173, 5/30177; No. 197, 5/30299; 2010, No. 70, 5/31442; No. 264, 5/32782; 2011, No. 78, 5/34090) following changes and amendments:

1.1. in paragraph six of Item 1 of the word "on the right" shall be replaced with words "the parcel of land in private property or the rights";

1.2. in Item 2:

state subitem 2.1 in the following edition:

"2.1. the amount of losses of agricultural and (or) forestry and landscape production is determined by the organizations for land management which are under supervision of the State committee on property, their affiliated enterprises and design and survey municipal unitary enterprise "Zemproyekt" in Minsk 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 till one and a half years without cutting down of drevesnokustarnikovy vegetation and 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 till one and a half years without the right of cutting down of wood and shrubby vegetation;";

in subitem 2.2:

in part one of the word "legal entities and (or) individual entrepreneurs" shall be replaced with words "citizens, individual entrepreneurs and legal entities";

in word part two of "legal entities and (or) individual entrepreneurs" shall be replaced with words "citizens, individual entrepreneurs and legal entities";

in subitem 2.3:

in word part one to "the legal entity and (or) the individual entrepreneur" and "the legal entity and (or) the individual entrepreneur" to replace respectively with words to "the citizen, the individual entrepreneur and the legal entity" and "the citizen, the individual entrepreneur and the legal entity";

in word part two "the legal entity and (or) the individual entrepreneur" shall be replaced with words "the citizen, the individual entrepreneur and the legal entity";

1.3. in Regulations on the procedure for the organization and holding auctions for sale of the parcels of land in private property approved by this resolution:

to exclude from Item 1 of the word "in the cases provided by legal acts";

state Items 2-4 in the following edition:

"2. Creation of the parcels of land created for holding the auction 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.

4. 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 approval of the location of the parcels of land.";

add Item 7 with words ", except for the means received from holding auctions for construction of gas stations which go to the republican budget";

in part one of Item 8 of the word "rural, settlement, district (the cities of district subordination), city (the cities of regional subordination and Minsk), regional" shall be replaced with words "regional, Minsk city, city (the cities of regional, district subordination), district, rural, settlement";

in Item 9:

third to state the paragraph in the following edition:

"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;";

in paragraph four of the word "provided in private property" shall be replaced with words "acquired in private property by results of auction";

add Item with the paragraph the fifth the following content:

"determines and approves starting price of the parcels of land.";

in Item 10:

in paragraph five the word "land and cadastral" shall be replaced with words "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";

to add the paragraph of the seventh with the words "and provision to the winner of auction or single participant of cancelled auction";

the ninth to exclude the paragraph;

the tenth or fifteenth to consider paragraphs respectively paragraphs devyatymchetyrnadtsaty;

in paragraph eleven of figure "10" to replace with figures "20";

in Item 11 of the word "the commission or the organization" shall be replaced with words "local executive committee";

in Item 13 part one:

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