Adopted by the House of Representatives on June 17, 2008

Approved by the Council of the Republic on June 28, 2008

CHAPTER 1. GENERAL PROVISIONS

Article 1. Main Terms and Concepts Used in the Present Code

Article 2. Legal Regulation of Land Relations

Article 3. Objects of Land Relations

Article 4. Subjects of Land Relations

Article 5. Basic Principles of Land Relations

Article 6. Categories of Lands

Article 7. Types of Lands

Article 8. Allocation of Lands, Land Plots According to Categories, Referring Lands to the Types, Its Transfer from One Category into Another

Article 9. Lands Reallocation Fund

Article 10. Division and Coalescence of Lands

Article 11 Establishment (Restoration) and Fixation of the Boundary of a Land Plot

Article 12.Ownership to Land, Land Plots

Article 13. Land Plots Not to Be Allocated into Private Ownership

Article 14. Lifetime Inheritable Possession of Land Plots

Article 15. Permanent Use of Land Plots

Article 16. Temporary Use of Land Plots

Article.17. Lease of Land Plots

Article 18. Restrictions (Encumbrances) of Rights to Land Plots

Article 19. Land Easement

Article 20. Creation, Change, Termination of Existence of a Land Plot, Origin, Transfer, Termination of Right, Restrictions (Encumbrances) of Right to a Land Plot

Article 21. Documents Certifying Creation, Change, Termination of Existence of a Land Plot, Origin, Transfer, Termination of Rights, Restrictions (Encumbrances) of Rights to a Land Plot

Article 22. Participation of Citizens in the Consideration of Issues Affecting Their Rights and Legally Protected Interests, Related to Seizure and Allocation of Land Plots, Changing Intended Purpose Thereof, Establishing and Terminating Restrictions (Encumbrances) of the Rights to Land Plots

CHAPTER 2. STATE REGULATION AND ADMINISTRATION IN THE SPHERE OF LAND USE AND PROTECTION

Article 23. State Bodies Carrying out State Regulation and Administration in the Sphere of Land Use and Protection

Article 24. Competence of the President of the Republic of Belarus in the Sphere of Land Use and Protection

Article 25. Competence of the Council of Ministers of the Republic of Belarus in the Sphere of Land Use and Protection

Article 26. Competence of the State Committee on Property of the Republic of Belarus in the Sphere of Land Use and Protection

Article 27. Competence of Regional Executive Committees in the Sphere of Land Use and Protection

Article 28. Competence of the Minsk City Executive Committee, City (of Region-Subordinated Cities) Executive Committees in the Sphere of Land Use and Protection

Article 29. Competence of District Executive Committees in the Sphere of Land Use and Protection

Article 30. Competence of Rural, Settlement Executive Committees in the Sphere of Land Use and Protection

CHAPTER 3. PAYMENTS FOR LAND PLOTS AND FOR THE RIGHT TO CONCLUDE LEASE CONTRACTS OF LAND PLOTS

Article 31.Payment for State-Owned Land Plots to Be Allocated into the Private Ownership, Ownership of Foreign States, International Organizations as well as for the Right to Conclude Lease Contracts of State-Owned Land Plots. Value of Privately Owned Land Plot while Committing Transactions Therewith

Article 32. Payment for Use of Land Plots

Article 33. Receipt and Use of Funds for State-Owned Land Plots to Be Allocated into Private Ownership, Ownership of Foreign States, International Organizations for the Right to Conclude Lease Contracts of State-Owned Land Plots as well as for the Use of State-Owned Land Plots

CHAPTER 4. ALLOCATION OF STATE-OWNED LAND PLOTS

Article 34. Allocation of State-Owned Land Plots

Article 35. Grounds for Allocation of State-Owned Land Plots

Article 36. Dimensions of Land Plots

Article 37. Allocation of Land Plots from Lands of Agricultural Purpose

Article 38. Allocation of Land Plots from Agricultural Lands of Agricultural Purpose, Lands of Nature Protection, Health-Improving, Recreational, Historic-Cultural Purpose, Forest Lands of the forest fund for the Purposes not Connected with the Purpose of Those Lands

Article 39. Allocation of Land Plots for Collective Gardening, Summer-Cottage Construction

Article 40. Allocation of Land Plots for Keeping Peasant’s (Farmer’s) Household

Article 41. Allocation of Land Plots for Construction and/or Exploitation of Open Parking Stands or Garages for Storing Transport Means

Article 42. Allocation of Land Plots to the citizens of the Republic of Belarus for the Gardening, Haying and Pasture of Agricultural Animals

Article 43. Allocation of Land Plots for Traditional National Trades (Crafts)

Article 44. Acquisition of the Right to the Land Plot, the Possession of which is Exercised during a Long Period of Time

Article 45. Establishment of Land Easement

Article 46.Use of Land Plots for Survey Works, Construction of Line Structures, Placing Geodetic Posts

CHAPTER 5. TRANSFER OF RIGTHS, RESTIRCTIONS (ENCUMBRANCES) OF RIGHTS TO LAND PLOTS

Article 47. Transactions with Land Plots and with Rights Thereto

Article 48. Invalidity of Transactions with Land Plot and Rights Thereto

Article 49. Form and State Registration of Transactions with Land Plots and Rights Thereto

Article 50.Features of Mortgage of Land Plots and Pledge of the Right of Lease of Land Plots

Article 51. Features of Alienation (Sale, Donation, Exchange) Privately-Owned Land Plots

Article 52. Features of Inheritance of Land Plots Privately Owned by Citizens

Article 53. Inheritance of Land Plots Being in Lifetime Heritably Possession

Article 54. Voluntary Transfer of Privately-Owned Land Plots into State Ownership

Article 54. Voluntary Transfer of Privately-Owned Land Plots into the State Ownership

Article 55. Transfer of Rights to Land Plots while Transferring Rights to Capital Structures (Buildings, Constructions), Incomplete Capital Structures Prepared for Preserviation

Article 56. Transfer of the Right of Private Ownership to Land Plot at Reorganization of Non-State Legal Person of the Republic of Belarus

Article 57. Preservation of Rights to Land Plot Allocated to a Citizen, Individual Entrepreneur, Legal Person while Destructing Capital Structure (Building. Construction) as a Result of Fire, Natural disasters or other Harmful Impact

Article 58. Preservation of Restrictions (Encumbrances) of Rights to Land Plot Including Land Easement while Transferring Right to Land Plot

Article 59. Preservation of Right to Service Land Parcel

CHAPTER 6. TERMINATION OF RIGTHS, RESTRICTIONS (ENCUMBRANCES) OF RIGTHS TO LAND PLOTS

Article 60. Termination of Private Ownership to Land Plots

Article 61. Cases when Forced Seizure of Land Plot Allocated into Ownership to a Foreign State, International Organization are Allowed

Article 62. Termination of the Right of Permanent Use and the Right of Lifetime Inheritable Possession of a Land Plot

Article 63. Termination of the Right of Temporary Use of a Land Plot

Article 64. Termination of the Right of Lease (Sublease) of a Land Plot

Article 65. Termination of Restrictions (Encumbrances) of Rights to Land Plots Including Land Easement

Article 66. Seizure of Land Plots

Article 67. Order of Termination of the Right of Lifetime Inheritable Possession, Use of a Land Plot, Lease of State-Owned Land Plot

Article 68. Consequences of Non-Fulfillment of the Condition about the Necessity of State Registration of a Land Plot, Rights, Restrictions (Encumbrances) of Rights Thereto

CHAPTER 7. RIGTHS AND DUTIES OF LAND USERS. PROTECTION OF RIGTHS OF LAND USERS

Article 69. Rights of Land Users

Article 70. Duties of Land Users

Article 71. Protection of Rights of Land Users

Article 72. Return of Willfully Occupied Land Plot

Article 73. Guarantees to Be Granted to Land Users while Seizing Their Land Plots for State Needs

Article 74. Guarantees to Be Granted to Land Users while Changing Boundaries of Administrative-Territorial Units

Article 75. Compensation to Land Users of Damages Inflicted by Seizure or Temporary Occupation of Land Plots, Demolition of Objects of Immovable Property Located Thereon, Restriction (Encumbrance) of Rights to Land Plots Including Establishment of Land Easements

Article 76. Compensation of Losses of Agricultural and/or Forestry Production

CHAPTER 8. LAND MANAGEEMNT

Article 77. Objects of Land Management

Article 78. Content and the Order of Implementation of Land Management

Article 79. Organization of Land Management

Article 80. Implementation of Land Management Measures

Article 81. Inventory of Lands

Article 82. Land Management Documentation

CHAPTER 9. MONITORING OF LANDS. STATE LAND CADASTRE

Article 83. Monitoring of Lands

Article 84. Content and Keeping the State Land Cadastre

Article 85. Land-Cadastral Documentation

Article 86. Data of the State Land Cadastre

Article 87. Introduction of Alterations into Documents of the State Land Cadastre

Article 88. Cadastral Valuation of Lands, Land Plots

CHAPTER 10. PROTECTION OF LANDS. STATE CONTROL OVER LAND USE AND PROTECTION

Article 89. Protection of Lands

Article 90. Exercise of State Control over Land Use and Protection

Article 91. Powers of Officials Exercising State Control over Land Use and Protection

CHAPTER 11. SETTLEMENT OF LAND DISPUTES. LIABILITY FOR VIOLATION OF LEGISLATION ON LAND USE AND PROTECTION

Article 92. State Bodies which Settle Land Disputes

Article 93. Order of Consideration of Land Disputes by Regional, Minsk City Executive Committee, City (Region-subordinated cities), District, Rural, Settlement Executive Committees

Article 94. Rights of Parties Participating in a Land Dispute to Be Considered by Regional, Minsk City Executive Committee, City (Region-subordinated City), District, Rural, Settlement Executive Committee

Article 95. Execution of the Decision in a Land Dispute Considered by Regional, Minsk City Executive Committee, City (Region-subordinated City), District, Rural, Settlement Executive Committee

Article 96. Liability for Violation of the Legislation on Land Use and Protection

CHAPTER 12. FINAL PROVISIONS

Article 97. [Not given]

Article 98. Transition Provisions

Article 99. Bringing Acts of Legislation of the Republic of Belarus in Conformity with the Present Code

Article 100. Entry into Force of the Present Code

The present Code regulates land relations and is aimed at effective use and protection of lands, at protection of rights of land users.

Article 1. Main Terms and Concepts Used in the Present Code

For the purposes of the present Code the main terms and concepts are used in the following meanings:

auction - mode of sale by public tenders of a land plot into the private ownership of citizens of the Republic of Belarus, non-state legal persons of the Republic of Belarus or of the right to conclude a lease contract of a land plot, including the real estate located thereon;

close relatives – parents, children, adoptive parents, adoptee, own brothers and sisters, grandchildren, as well as husband (spouse) of a land user;

type of lands – lands to be singled out according to natural-historic features, condition and character of use;

state needs – needs connected with ensuring national safety, protection of the environment and historic-cultural heritage, placement and service of social, industrial, transport, engineering and defense infrastructure, development of mineral deposits, implementation of treaties of the Republic of Belarus, state plan of comprehensive territorial arrangement of the Republic of Belarus, state plan of comprehensive territorial arrangement of regions, urban planning projects, general plans of towns and other settlements, urban planning projects of detailed planning, adopted in accordance with the legislation, as well as with placing real estate objects the building of which is specified by the decisions of the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus or by state programs approved by the President of the Republic of Belarus or by the Council of Ministers of the Republic of Belarus;

State Land Cadastre – combination of systematized data and documents about legal regime, condition, quality, allocation, economical or another use of land, land plots;

state control over land use and protection – the activities of specially authorized state bodies aimed at prevention, detection and elimination of violations of the legislation on land use and protection;

boundary of a land plot – the conditional line on the ground surface and the conditional vertical plane passing that line which separate the land plot from other lands, land plots;

land degradation – process of land quality deterioration as a result of harmful anthropogenic and/or natural impact;

degraded lands – lands that lost their initial useful properties below the level which excludes possibility of their effective use for the intended purpose;

occupation of a land plot – construction of a real estate object in the case if the land plot is allocated for the construction and maintenance of that real estate object, as well as other mastering of the land plot in accordance with the intended purpose and conditions of its allocation in the case if the land plot is allocated for the purposes not connected with construction and maintenance of real estate objects;

land-information system of the Republic of Belarus (hereinafter – land-information system) – complex of program-technical means, spatial-attributive databases, information exchange channels and other resources which ensures automation of accumulation, processing, storage and providing with the data about condition, allocation and use of land resources in the electronic form, including means of geoinformation technologies;

land relations – relations connected with the creation, change, termination of existence of land plots, origin, transfer, termination of rights, restrictions (encumbrances) of rights to land plots, as well as with use and protection of lands, land plots;

land resources – lands, land plots which are used or may be used in economic or other activities;

land contour – the part of the earth surface singled out according to natural-historic features, condition and character of use, which has closed boundary outside of which the qualitative characteristics have other values to be reflected in the State Land Cadastre;

land easement – the right of restricted use of alien land plot to be established for ensuring way, passage, laying and exploitation of gas pipelines, oil pipelines, air and cable lines of power transmission, communications and of other similar line structures (hereinafter – line structures), ensuring water supply and amelioration, placement of geodetic stations, as well as for other purposes which may not be ensured without granting such a right;

land dispute – unsolved conflict between subjects of land relations;

land plot – the part of the earth surface having a boundary and intended purpose, and to be considered in inextricable connection with the capital structures (buildings, constructions) located thereon;

land use (use of land plots) – economical or other activities in the process of which the useful properties of lands, land plots are to be used and/or earth is to be affected;

land users – persons carrying out economical and other activities on the land plots which are privately owned by citizens, non-state legal persons of the Republic of Belarus or by foreign countries, international organizations (owners), which are in lifetime inheritable possession (possessors), permanent or temporary use (users), lease (lessees) or sublease (sublessees);

land management documentation – the documents drew up as a result of carrying out land management;

land management file – systematized combination of land management documentation concerning the object of land management and other documents concerning such an object;

land management – package of measures for inventory of lands, planning of land use, establishment (restoration) and fixation of boundaries of objects of the land management, carrying out other land management measures aimed at upgrading effectiveness of land use and protection;

land (lands) – the ground surface, including soils, to be considered as a component of a natural environment, means of production in agriculture and forest husbandry, spatial material basis of economical and other activities;

seizure of a land plot – legal actions and technical procedures of terminating rights to the land plot, established by the legislation on land use and protection, on the grounds determined by the President of the Republic of Belarus, the present Code and other legislative acts;

survey works – works carrying out on the terrain with a view to collect information about the surface of the earth and /or subsoils for the design of objects, development of mineral deposits and for other purposes;

cadastral valuation of lands, land plots – determination of the cadastral cost of lands, land plots as of the appointed date for the purposes specified by the legislation;

cadastral cost of lands –the estimated indicator of cost of the land unit area in the evaluated zone singled out on lands which are of equal value;

cadastral cost of a land plot – estimated monetary sum which reflects value (utility) of a land plot while using it according to the intended purpose and is included in the register of cost of land plots of the State Land Cadastre;

category of lands – lands to be singled out according to the basic intended purpose and having the legal regime of use and protection determined by the legislation;

monitoring of lands – a system of observation over condition of lands, evaluation and forecast of changes in condition of lands under the impact of anthropogenic and/or natural factors;

restriction (encumbrance) of right to a land plot – condition or restriction either prohibition established by the decision of the state body which performs state regulation and administration in the sphere of land use and protection concerning the carrying out separate types of economical and other activities, other rights to the land plot, including the easement, with a view of public utility and safety, protection of the environment and historic-cultural values, protection of rights and legally protected interests of citizens, individual entrepreneurs and legal persons;

main intended purpose of lands, land plot – the order, conditions and restrictions of the use of lands, land plot established by the legislation on land use and protection for the concrete purposes;

allotment of a land plot – land management measures provided for by the legislation on land use and protection, which include procedures of forming, with drawing and/or allocation of the land plot, establishment and fixation of its boundary, the state registration of creation of a land plot and arising of rights, restrictions (encumbrances) of the rights to a land plot;

protection of lands – system of measures aimed at prevention of degradation of lands and restoration of degraded lands;

equivalent land plot – land plot to be allocated to the land user instead of land plot being seized the cadastral value of which is equal to the cadastral value of land plot being seized;

decision on seizure and allocation of a land plot – the decision of the state body which carries out the state regulation and administration in the sphere of land use and protection according to its competence on seizure of a land plot, on seizure and allocation of a land plot, on allocation of a land plot, , unless otherwise provided for by the present Code;

agricultural lands – lands, systematically used for obtaining agriculture produce and those included arable lands, fallow lands, lands under perennial crops and meadow lands;

scheme of land management – the document of planning of land use determined the prospects of allocation, use and protection of lands of administrative-territorial or territorial unit;

conditions of the allotment of a land plot – the requirements determined in accordance with the legislation on land use and protection and which are contained in the decision on seizure and allocation of the land plot, without fulfillment of which, the occupation of a land plot, exercising other rights to that land plot or terminating those rights is impossible to begin;

forming of a land plot – legal actions and technical procedure of creating the land plot, established by the legislation on land use and protection, on the grounds and in the order determined by the President of the Republic of Belarus, the present Code and other legislative acts;

intended purpose of a land plot – the order, conditions and restrictions of the use of a land plot established by the decision on seizure and allocation of the land plot for the concrete purposes;

effective use of lands – use of lands which brings economical, social, ecological or another useful result.

Article 2. Legal Regulation of Land Relations

Land relations are regulated by the Constitution of the Republic of Belarus, acts of the President of the Republic of Belarus, the present Code, as well as other acts of legislation to be adopted in accordance with them.

Norms of civil and other legislation regulating land relations are to be applied, unless otherwise provided for by the legislation on land use and protection.

If a treaty of the Republic of Belarus establishes other rules than those contained in the present Code, the rules of the treaty are to be applied.

Article 3. Objects of Land Relations

Objects of land relation are:

land (lands);

land plots;

rights to land plots;

restrictions (encumbrances) of the rights to land plots, including land easements

Land users may have land plots with the following rights:

of state and private ownership, as well as of ownership of foreign states, international organizations;

of lifetime inheritable possession;

of permanent use;

of temporary use;

of lease (sublease).

Article 4. Subjects of Land Relations

Subjects of land relations are the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, state bodies which perform state regulation and administration in the sphere of land use and protection, the citizens of the Republic of Belarus, foreign citizens and stateless persons (hereinafter – citizens, unless otherwise provided for by the present Code), individual entrepreneurs, legal persons of the Republic of Belarus, foreign legal persons and their representations, foreign states, diplomatic representations and consular offices of foreign states, international organizations and their representations.

Article 5. Basic principles of Land Relations

Land relations are carried out on the basis of the principles of:

the state regulation and administration in the sphere of land use and protection, including establishment of the single order of seizure and allocation of land plots, transfer of lands from some categories and types to others;

the obligatory state registration of land plots, rights to them, transactions with them;

unity of destiny of a land plot and capital structures (buildings, constructions) located thereon, unless otherwise provided for by the present Code and other legislative acts;

use of land plots according to the intended purpose;

priority of using agricultural lands of agricultural purpose, lands of nature protection, health-improving, recreational, historic-cultural purpose, forest lands of the forest fund for the purposes related to purpose of those lands;

effective use of lands;

protection of lands and improvement of their useful properties;

duty to pay for land use;

establishment of restrictions (encumbrances) of the rights to land plots, including land easements;

publicity and responsiveness of public opinion while taking decisions about seizure and allocation of land plots, changing their intended purpose, establishing restrictions (encumbrances) of the rights to land plots, including land easements which touch rights and legally protected interests of citizens;

protection of rights of land users.

Article 6. Categories of Lands

Lands of the Republic of Belarus are divided into the following categories:

lands of agricultural purpose;

lands of settlements, gardening partnerships, summer-cottage cooperatives;

lands of industry, transport, communications, power engineering, defense and other purpose;

lands of nature protection, health-improving, recreational, historic-cultural purpose;

lands of the forest fund;

lands of the water fund;

lands of the stock.

Lands of agricultural purpose are the land plots which include agricultural and other lands allocated for keeping agriculture.

Lands of the settlements, gardening partnerships, summer-cottage cooperatives include lands, land plots located within the borders of towns, urban-type settlements, rural communities, gardening partnerships, summer-cottage cooperatives with the exception of the lands referred to other categories within those borders.

Lands of industry, transport, communications, power engineering, defense and other purpose include land plots allocated for placing objects of industry, transport, communications, power engineering, placement and dislocation of the state customs bodies, military units, military educational institutions and organizations of Armed forces of the Republic of Belarus, other troops and military formations of the Republic of Belarus, other objects.

Lands of nature protection purpose include land plots allocated for placing reserves, national parks and preserves. Lands of health-improving purpose include allocated land plots for placing objects of sanatorium-and-spa treatment and health-improvement and other land plots which possess natural therapeutic factors. Lands of recreational purpose include lands plots for placing objects intended for organized mass rest of the population and tourism. Lands of historic-cultural purpose include land plots allocated for placing immovable material historic-cultural values and archaeological objects.

Lands of the forest fund include forest lands, as well as non-forest lands, located within the borders of the forest fund, allocated for keeping forest husbandry.

Lands of the Water Fund include lands occupied by water objects, as well as land plots allocated for keeping water husbandry, including for placing hydroeconomic constructions and installations.

Lands of the stock include lands, land plots not referred to other categories and not allocated to the land users. Lands of the stock are under the authority of the respective executive committee, are considered as a reserve and may be used after their transfer into others categories of lands.

Article 7. Types of Lands

Regardless of dividing lands on categories, the lands of the Republic of Belarus are subdivided into the following types:

arable lands – agricultural lands, systematically processed (plowed up) and used for sowing agricultural crops, including crops of perennial grasses with the term of use specified by the scheme of crop rotation, as well as outfall fields, parcels of protected ground (hotbeds, hothouses and conservatories) and pure vapors;

fallow lands – agricultural lands which have been used earlier as arable and more than one year after the harvesting were not used for sowing agricultural crops and were not ready for the vapor;

lands under the perennial crops – agricultural lands occupied by artificially created wood-shrub vegetation (plantations) or plantations of herbaceous perennial plants intended for getting fruits of the harvest, food, technical and medicinal vegetable raw materials as well as for planting of greenery;

meadow lands – agricultural lands used primarily for cultivation of the meadow perennial grasses, lands on which the artificial grass stand has been created or measures on improving natural grass stand (improved meadow lands) have been performed, as well as lands covered with natural meadow grass stands (natural meadow lands);

forest lands – lands of the forest fund, covered with forest as well as not covered with forest but intended for its restoration (deforestation, burned out places, sparse stands, waste grounds, glades, dead forest stands, areas occupied by nurseries, plantations and free-growing forest crops, etc.), allocated for keeping forest husbandry;

lands under wood-shrub vegetation (plantations) – lands covered with wood-shrub vegetation (plantations) which are not entered into the forest fund;

lands occupied by swamps – excessively moistened lands covered with layer of peat;

lands occupied by water objects – lands occupied by the concentration of the natural waters on the top of the ground (rivers, brooks, springs, lakes, reservoirs, ponds, pond-reservoirs, canals and other surface water objects);

lands under roads and other transport communications – lands occupied by roads, swatches, passes, line structures;

lands of common use – lands occupied by streets, avenues, squares, passages, quays, boulevards, public gardens, parks and other public places;

lands under development – lands occupied by the capital structures (buildings, constructions), as well as lands adjacent to those objects and used for its maintenance;

disturbed lands – lands which lost their natural-historical features, condition and character of use as result of harmful anthropogenic impact and are under condition which exclude their effective use according to the initial intended purpose;

unused lands – lands not used in economical and other activities;

other lands – lands not referred to the types of lands specified in indents two – fourteen of the present Article.

Article 8. Allocation of Lands, Land Plots According to Categories, Referring Lands to Types, Transfer Thereof from One Category into Another

Lands, land plots are allocated according to the categories specified in Article 6 of the present Code depending on their basic intended purpose and the legal regime of use and protection determined in accordance with the legislation.

Transfer of lands, land plots from one category into another is performed in the cases of changing basic intended purpose of those lands, land plots while seizure and allocation of land plots, terminating right of permanent or temporary use, lifetime inheritable possession, private ownership and of lease of the land plots, filing out the application by land users for transfer of lands, land plots from one category into another.

Referring lands to the types specified in Article 7 of the present Code is performing in accordance with their natural-historical features, condition and character of use.

Transfer of lands from one type into another is performed while:

seizure and allocation of land plots, intra-economical building and changing their intended purpose;

implementing measures for opening up new lands, improvement or other changing of their condition and character of use, which require material and monetary expenses;

transferring agricultural lands into the non-agricultural or less productive agricultural lands;

changing condition of lands as a result of impact of harmful anthropogenic and/or natural factors.

The order of transferring lands from one category into another and referring lands to the determined types is established by the President of the Republic of Belarus.

Article 9. Lands Reallocation Fund

The lands reallocation fund is formed with a view to plan land use primarily from the agricultural lands, which in the case of changing their intended purpose, character of use or other change may be used more effectively and in the order of land management in each district by the district executive committees at the suggestion of the territorial bodies of the State Committee on Property of the Republic of Belarus.

On the basis of local conditions, the lands reallocation fund is formed primarily with a view to:

create and develop agricultural organizations, including peasant’s (farmer’s) households;

develop settlements;

create and develop personal subsidiary economies of citizens, construction and maintenance of single-unit blocked dwelling houses (hereinafter – dwelling houses, unless otherwise provided for by the present Code), collective gardening, summer-cottage contraction;

allocate legal persons engaged in forest husbandry low-productive lands for forestation;

place object of industry, transport, communications, power engineering, defense and of other purpose;

Vacant (unoccupied) land plots situated in the settlements, in the territory of districts, including garden partnerships, summer-cottage-cooperatives which may be allocated to citizens for the construction and maintenance of dwelling houses, collective gardening, summer-cottage construction and which are included in the lists of vacant (unoccupied) land plots in accordance with the legislation.

Lands, land plots included in the lands reallocation fund are used by land users prior to their seizure and allocation to new land users in accordance with the legislation on land use and protection.

Lands, land plots shall be removed from the lands reallocation fund by the district executive committees while changing their intended purpose, character of use or other change which allows using lands, land plots more effectively.

Article 10. Division and Coalescence of Land Plots

Land plots may be divisible and indivisible. Divisible is a land plot which may be divided into parts each of which forms after the division a new plot, and this will not lead to a breach of town planning regulations, nature protection requirements, fireproof, sanitary, construction and other norms and rules. In other cases the land plot is deemed to be indivisible.

Coalescence of land plots may be performed if they are adjoined, have equal intended purpose and at the same time the extreme dimensions of the land plots established by Article 36 of the present Code are not exceeded, as well as other requirements of the legislation on land use and protection are not breached.

Article 11 Establishment (Restoration) and Fixation of the Boundary of a Land Plot

The boundary of a land plot is established (restored) on the terrain with fixing its turning points by landmarks on the basis of the decision on seizure and allocation of the land plot (fixed boundary).

The boundary of the land plot may be also established (restored) according to planning-cartographic materials within the accuracy to be determined by their scales without fixing its turning points by landmarks on the terrain on the basis of the decision on seizure and allocation of the land plot (unfixed boundary).

The order of carrying out works on establishment (restoration) and fixation of the boundary of the land plot is established by the State Committee on Property of the Republic of Belarus.

Article 12.Ownership to Land, Land Plots

Ownership to land, land plots may be a state one and a private one. Lands, land plots which are not privately owned by the citizens of the Republic of Belarus, privately owned by foreign citizens and stateless persons who are relatives of the legator in the case of acquisition by them through inheritance of the land plots which are allocated to the legator into the private ownership, privately owned by the non-state legal persons of the Republic of Belarus (hereinafter – private ownership, unless otherwise provided for by the present Code) and are owned by foreign states, international organizations are owned by the state.

A land plot may belong on the right of common (shared or join) ownership to several owners.

Land plots may be in the ownership of the citizens of the Republic of Belarus, non-state legal persons of the Republic of Belarus, in the ownership of foreign states, international organizations.

Land plots may be in the ownership of foreign citizens, stateless persons, who are relatives of the legator, in the case of acquisition by them through inheritance of the land plots which are allocated to the legator into the private ownership, unless otherwise established by the legislative acts.

In the private ownership of citizens of the Republic of Belarus may be land plots allocated for:

construction and/or maintenance of a dwelling house;

maintenance of the apartment in the blocked dwelling house, registered by the organization on state registration of immovable property, rights thereto and transactions therewith (hereinafter – organization on state registration);

keeping personal subsidiary husbandry;

collective gardening;

summer-cottage construction.

Non-state legal persons of the Republic of Belarus may be allocated the state-owned land plots into the private property by the results of the auction. Without holding an action, the land plots may be allocated to non-state legal person of the Republic of Belarus for the maintenance of capital structures (buildings, constructions) belonged to them under the right of ownership, located on the land plots to be acquired by them into the private property, as well as in the other cases determined by the president of the Republic of Belarus.

For placing diplomatic representation, consular office of a foreign state in the Republic of Belarus, the foreign state as well as international organization for placing its representation may acquire a land plot into the ownership in the order established by the President of the Republic of Belarus.

Note. In the given Article and Articles 14, 39 of the present Code in the case of inheritance by foreign citizens and stateless persons of the land plots, the relatives mean close relatives of the legator, other persons, who are in ties of relationships with the legator, having common ancestors up to great grandfather and great grandmother, parents, children, adopters, adoptive parents, adoptee, own brother and sisters, grandfather, grandmother, grandchildren of husband (spouse) of the legator.

Article 13. Land Plots not Subject to Allocation into the Private Property

Land plots, relating to the lands of the following categories and types, are not subject to allocation into the private ownership, the ownership of foreign states, international organizations:

lands of agricultural purpose;

lands of nature protection, health-improving, recreational, historic-cultural purpose;

lands of the forest fund;

lands of the water fund;

lands under roads and other transport communications;

lands of common use.

Land plots are not subject to allocation into the private ownership, the ownership of foreign states, international organizations:

on which objects of immovable property being only in the state ownership are located;

on lands affected by radioactive pollution;

on the surfaces of bedding of proven territories of minerals. The List of settlements, gardening partnerships, summer-cottage cooperatives located on surfaces of bedding of proven territory of minerals is determined by the council of Ministers of the Republic of Belarus;

which are provided for designated use which exclude their allocation into ownership in accordance with approved general plans of towns and other settlements, urban planning projects of detailed planning and land management documentation.

Article 14. Lifetime Inheritable Possession of Land Plots

Land plots allocated prior to the entry into force of the present Code to the citizens of the Republic of Belarus for the construction and/or maintenance of a dwelling house, maintenance of the apartment in a blocked dwelling house registered by the organization on state registration, keeping personal subsidiary husbandry, keeping collective gardening, summer-cottage construction, keeping peasant’s (farmer’s) household, for the traditional national trades (crafts) may be under the right of lifetime inheritable possession.

Land plots may be allocated into the life inheritable possession to the citizens of the Republic of Belarus:

for the construction and maintenance of a dwelling house – in the cases established by the president of the Republic of Belarus, while land plots are allocated without holding an auction;

for the maintenance of the dwelling house, apartment in the blocked dwelling house registered by the organization on state registration which are belonged to them under the right of ownership;

for keeping personal subsidiary husbandry in the agricultural settlements, urban-type settlements – being registered at the place of residence in those settlements;

for keeping peasant’s (farmer’s) household;

for the collective gardening;

for the summer-cottage construction;

for traditional national trades (crafts);

in the case of inheritance of the land plot which has been allocated earlier to the legator into the lifetime inheritable possession.

Land plots may be allocated into the lifetime inheritable possession to citizens and stateless persons who are the relatives of the legator, for the maintenance of heritably transmitted dwelling house, apartment in the blocked dwelling house registered by the organization on state registration, summer-cottage, garden lodge which are located on the land plots allocated to the legator into the lifetime inheritable possession.

Land plots may be in life-time inheritable possession of foreign citizens and stateless persons who are relatives of the legator in the case of inheritance of the land plot which was allocated to the legator into the lifetime inheritable possession, unless otherwise established by the legislative acts.

Legislative acts may also establish other cases of allocation of land plots into the lifetime inheritable possession.

Article 15. Permanent Use of Land Plots

Land plots are allocated into the permanent use (use without a pre-established term) to:

state bodies, other state organizations (with the exception of allocation of land plots for the construction of the refueling stations) – for the implementation of tasks and functions specified by the legislation;

non-state legal persons of the Republic of Belarus – for maintaining objects of immovable property which are owned by the state;

agricultural organizations, including peasant’s (farmer’s) households, other organizations – for keeping agriculture, including peasant’s (farmer’s) household, as well as for keeping subsidiary agriculture;

scientific organizations, institutions of education – for research or educational purposes in the sphere of agriculture or forest husbandry;

state forestry institutions, organizations of local executive committees within competence of which falls keeping of forest-park husbandry – for keeping forest husbandry;

religious organizations – for the construction of cult structures and burial places;

garage (garage-construction) cooperatives and cooperatives operating parking stands – for the construction and exploitation of garages, parking stands for storing means of transport of the citizens of the Republic of Belarus – of the members of such cooperatives;

organizations of citizens-builders – for the constructions of multiple dwelling houses (with the exception of dwelling houses of enhanced comfort according to criterions determined by the legislative acts), as well as maintenance of multiple dwelling houses;

gardening partnerships and summer-cottage cooperatives – for keeping collective gardening and summer-cottage construction (land plots of gardening partnerships`, summer-cottage cooperatives` common use).

Legislative acts may also establish other cases of allocation of land plots into the permanent use.

Article 16. Temporary Use of Land Plots

Land plots may be allocated into the temporary use to:

persons and for the purposes specified in part one of Article 15 of the present Code – for the period of up to ten years, unless otherwise provided for by the present Code and other legislative acts;

the citizens of the Republic of Belarus for gardening, haying and pasture of agricultural animals - for the period of up to ten years;

the citizens of the Republic of Belarus specified in part two of Article 41 of the present Code, for the construction (installation) of temporary individual garages in the settlements – for the period of up to ten years;

national and foreign investors on the basis of the concession contracts – for the period of up to ninety-nine years in accordance with the present Code and other acts of legislation on land use and protection and on investment activities.

Legislative acts may also establish other cases of allocation of land plots into the temporary use.

Article.17. Lease of Land Plots

Land plots may be allocated into the lease to the citizens, individual entrepreneurs, legal persons of the Republic of Belarus, foreign legal persons and their representations, foreign states, diplomatic representations and consular offices of the foreign states, international organizations and their representations in accordance with the present Code and other acts of legislation on land use and protection.

Lessors of the state-owned land plots are the state bodies carrying out state regulation and administration in the sphere of land use and protection in accordance with their competence stipulated by the present Code and other acts of legislation.

Lessors of the state-owned land plots may be the administrations of free economic zones in the case of allocation of land plots to the residents of respective free economic zones within the borders of the given zones with implementation in the case of necessity of the transfer of land plots from some categories into the others, including conclusion of lease contracts of those land plots if that rights are delegated by the respective local, Minsk City Executive Committee and city (region-subordinated cities) executive committees in accordance with their competence specified by he present Code.

The citizens, non-state legal persons of the Republic of Belarus having land plots in the private ownership may be lessors of those land plots under the condition of observance of their intended purpose.

Terms and other conditions of lease of a land plot are determined by the lease contract of the land plot. The term of lease of the land plot for keeping agriculture may not be less than ten years. The term of lease of the state-owned land plot allocated for the purposes related to the construction and/or maintenance of capital structures (buildings, constructions) shall be not less than the normative term for the construction and/or exploitation of those capital structures (buildings, constructions). Allocation of land plot for a shorter term may be performed only with consent of the persons which are allocated. that land plot. The term of lease of a land plot may not exceed ninety-nine years.

It is allowed that lessors to build the capital structures (buildings, constructions), to create wood-shrub vegetation (plantations) or plantations of herbaceous perennial plants on the land plots which are state-owned and allocated into lease if it corresponds to the intended purpose of those land plots and to the conditions of their granting into lease specified in the decisions of the state bodies carrying out state regulation and administration in the sphere of land use and protection and in the lease contracts of land plots.

In the case of location of dwelling houses, apartments in the blocked dwelling houses registered by the organization on state registration, summer-cottages, garden lodges other capital structures (buildings, constructions) on the land plots allocated into the private ownership, the allocation of such land plots into lease is allowed only jointly with those capital structures (buildings, constructions) with reservation of intended purpose of land plot and if there are documents which certify rights to those objects of immovable property.

In the case of inheritance by minor heirs of the land plots which are privately owned by a citizen, the allocation of the land plots into lease to the citizens by the legal representatives of the heirs in agreement with the Minsk City Executive Committee, city (region-subordinated cities), district, rural, settlement executive committees is allowed prior to obtainment the capacity in full.

The construction by lessees of the capital structures (buildings, constructions) and placing other objects of immovable property on the leased land plots which are privately owned are not allowed with the exception of the cases when the construction of capital structures (buildings, constructions), creation of wood-shrub vegetation (plantations) or other mastering of land plots correspond to the intended purpose of those land plots and the conditions specified in the lease contracts of land plots.

A typical form of the lease contract of the land plot is approved by the Council of Ministers of the Republic of Belarus.

Article 18. Restrictions (Encumbrances) of Rights to Land Plots

Restrictions (encumbrances) may be established in relation to the rights to allocated land plots placed:

in the territory of reservations and monuments of nature being announced without seizure of land plots from land users;

within the borders of protective areas of specially protected nature territories;

in the territories affected by radioactive pollution;

in the water protection areas, coastal strips of the water objects, areas of sanitary protection of the water objects used for the drinking water supply, water protection and protection forests, protected typical and rare nature landscapes;

in the territory of resorts, areas of sanitary protection of deposits of therapeutic mineral waters, therapeutic sapropels, other lands which possess natural therapeutic factors and are used or intended for organized mass rest of the population and tourism;

in the areas of protection of immovable historic-cultural values;

in the waysides (controlled areas) of motor roads, railways as well as in the protective areas of other transport communications;

within the borders of botanical and dendrological gardens their protective areas;

in places of habitat of objects of the animal world, growth of objects of the vegetable world in treatment with which in accordance with the legislative acts the restrictions and bans;

in the protective areas round the stationary posts of hydrometeorological observations of the state network of hydrometeorological observations;

in the protective areas of geodetic posts;

within the territories of the prospective development of settlements;

Legislative acts may also establish other restrictions (encumbrances) of the rights to land plots.

Article 19. Land Easement

A land user is entitled to demand from the land user of an adjacent land plot or in necessary cases also from the land user of another land plot to establish a land easement.

Encumbrance of a land plot with a land easement does not deprive the land user of the right to possess, to use and to dispose of that land plot.

Land user of the land plot encumbered with a land easement is entitled, unless otherwise established by the legislative acts, to demand from the person in favor of which the land easement is established, payment for use of the land plot the amount of which is determined in agreement with parties and in the case of non-achievement of the agreement – by the court.

The land easement is established in accordance with Article 45 of the present Code.

Article 20. Creation, Change, Termination of Existence of a Land Plot, the Origin, Transfer, Termination of Right, Restrictions (Encumbrances) of the Right to a Land Plot

A land plot deemed to be created, changed, terminated its existence from the moment of state registration respectively of its creation, change, termination of existence. The right to a land plot, restrictions (encumbrances) of the right to a land plot arise, transfer and are terminated from the moment of the state registration respectively of their creation, change, termination with the exception of the cases, specified by part two of the present Article.

In the cases of allocation of a land plot in accordance with the present Code into the temporary use for et construction (installation) of the temporary individual garages in the settlements, gardening, haying and pasture of agricultural animals, the land plot is deemed to be created, changed, terminated its existence and the right of temporary sue – to be originated, transferred, terminated from the moment of taking the decision on seizure and allocation of the land plot.

Article 21. Documents Certifying Creation, Change, Termination of Existence of a Land Plot, the Origin, Transfer, Termination of Rights, Restrictions (Encumbrances) of the Rights to a Land Plot

The creation, change, termination of existence of a land plot, the origin, transfer, termination of rights, restrictions (encumbrances) of the rights to a land plot with the exception of the cases specified in part two of the present Article are certified by the state registration certificate (certification) to be issued by the organization on state registration.

The right of temporary use of the land plot allocated for the construction (installation) of the temporary individual garages in the settlements, gardening, haying and pasture of agricultural animals is exercised on the basis of the decision on allocation of land plot taken by the state body which is carried out state regulation and administration in the sphere of land use and protection without issuance of the document certifying the right of temporary use of the land plot.

The documents certifying rights to land plots issued in accordance with the legislation on land use and protection, including those issued till the first of February, 2006, are valid and have the same legal force as the registration certificate (certification) of state registration.

Article 22. Participation of Citizens in the Consideration of Issues Concerning their Rights and Legally Protected Interests, Related to Seizure and Allocation of Land Plots, Changing their Intended Purpose, Establishing and Terminating Restrictions (Encumbrances) of Rights to Land Plots

The citizens have the right to participate in the consideration of issues concerning their rights and legally protected interests related to taking decisions by the state bodies about seizure and allocation of, changing intended purpose of land plots, establishing and terminating restrictions (encumbrances) of the rights to land plots by means of appeal to the local Council of deputies, executive committees, bodies of territorial public self-administration, participating in local referendums, performing public ecological examination, meetings and other forms of direct participation in the state and public affairs, as well as through the public associations in accordance with the legislation.

Article 23. State Bodies Carrying out State Regulation and Administration in the Sphere of Land Use and Protection

State regulation and administration in the sphere of land use and protection are carried out by the President of the Republic of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the State Committee on Property of the Republic of Belarus, other specially authorized republican bodies of state administration, regional, Minsk City Executive Committee, city (region-subordinated cities), district, rural, settlement executive committees in accordance with their competence specified by the present Code and other acts of legislation.

Article 24. Competence of the President of the Republic of Belarus in the Sphere of Land Use and Protection

The President of the Republic of Belarus, in the sphere of land use and protection:

determines the single state policy;

establishes the order of seizure and allocation of land plots;

establishes the order of transfer of lands from some categories into the others and referring lands to the determined types;

establishes the cases when seizure and allocation of land plots from the agricultural lands of agricultural purpose, lands of nature protection, health-improving, recreational, historic-cultural purpose, forest lands of the forest fund for placing objects of immovable property are prohibited;

establishes the order of determination of the rate of rent payment for the state-owned land plots;

determines the list of banks which may be mortgagees of the land plots, the right of lease of land plots that are the subject, respectively, of mortgage (pledge);

carries out other powers in the sphere of land use and protection in accordance with the Constitution of the Republic of Belarus and legislative acts.

Article 25. Competence of the Council of Ministers of the Republic of Belarus in the Sphere of Land Use and Protection

The Council of Ministers of the Republic of Belarus, in the sphere of land use and protection:

ensures implementation of the single sate policy;

approves regional schemes of use and protection of land resources, schemes of land management of the regions and ensure their implementation;

approves the list of settlements, gardening partnerships, summer-cottage cooperatives, located on the surfaces of bedding of proven territories of minerals, within the borders of which the land plots are not subject to the allocation into the private ownership;

establishes the order of organization and holding auctions;

establishes the order of buy-out of the land plots which are privately owned for the state needs, unless otherwise established by the President of the Republic of Belarus;

establishes the order of determination of the extent of damages inflicted to the land users by seizure of their land plots and demolishing objects of realty located thereon or by the land users as a result of their breaching the legislation on land use and protection and/or conditions of lease contract of the land plot, as well as the list of organizations performing determination of measures of such damages and the order of its compensation;

establishes the order of determination of the extents of losses of agricultural and/or forestry production and its compensation;

establishes the order of carrying out monitoring of lands and usage of its data;

establishes the order of performing state control over land use and protection;

establishes the order of formation of commissions on preparation of materials concerning consideration of land disputes;

establishes the order of determination of the amount of payment for the right to conclude lease contracts of state-owned land plots to be allocated in accordance with the legislative acts without holding auctions for the right to conclude lease contracts of land plots, as well as of the initial price of an object of such auctions;

approves a typical form of the lease contract of a land plot;

in accordance with the decisions or under the instruction of the President of the Republic of Belarus, concludes contracts on land plots purchase or take decisions on seizure and allocation of land plots to foreign legal persons and their representations, foreign states, diplomatic representations and consular offices of foreign states, international organizations and their representations;

carries out other powers in the sphere of land use and protection in accordance with the Constitution of the Republic of Belarus, the present Code, other laws and acts of the President of the Republic of Belarus.

Article 26. Competence of the State Committee on Property of the Republic of Belarus in the Sphere of Land Use and Protection

The state Committee on Property of the Republic o Belarus in the sphere of land use and protection, shall:

implement the single state policy;

establish the order of carrying out works on the establishment (restoration) and fixation of boundaries of land plots;

ensure project development of regional schemes of use and protection of land resources, schemes of land management of administrative-territorial and territorial units;

establish the order of implementation of land management, organize its implementation;

establish the order of informational support and automation of land management, including by means of the land-information system;

ensure preparation of materials of settlement of land disputes and their introduction to consideration of the regional, Minsk City, city (region-subordinated cities), district, rural, settlement executive committees in accordance with their competence specified by the present Code and/or of the courts;

ensure implementation of monitoring of lands;

ensure the keeping of the State Land Cadastre including cadastral valuation of lands, land plots;

ensure the order of keeping single State Register of Administrative-Territorial and Territorial Units of the Republic of Belarus, the Register of Prices to Land Plots, the Register of Value of Land Plots and the Register of Land Resources of the Republic of Belarus;

ensure content, order of keeping and storing of land management and land-cadastral documentation;

perform state control over land use and protection;

carry out other powers in the sphere of land use and protection in accordance with the present Code and other acts of legislation.

The State Committee on Property of the Republic of Belarus carries out powers entrusted to it immediately and/or through its territorial bodies and subordinate organizations.

Article 27. Competence of Regional Executive Committees in the Sphere of Land Use and Protection

Regional executive committees in the sphere of land use and protection:

shall agree projects of regional schemes of use and protection of land resources, schemes of land management of the regions, as well as approve schemes of land management of the districts;

shall take decisions on seizure and allocation of land plots form the lands within the borders of the region with the exception of lands the decisions according to which are taken by the city (region-subordinated cities), district, rural, settlement executive committees and simultaneously in the case of necessity shall implement the transfer of lands from some categories and types into the others, as well as take decisions on establishing and terminating restrictions (encumbrances) of the rights to such land plots;

shall take decisions on seizure and allocation of land plots from agricultural lands of agricultural purpose, lands of nature protection, health-improving, recreational, historic-cultural purpose, forest lands of the forest fund for the purposes not connected with purpose of those lands, as well as on transfer of such lands into others categories and types in the cases established by part two of Article 38 of the present Code, unless otherwise established by the President of the Republic of Belarus;

shall change the intended purpose of the land plots allocated by them either, till January 1^st, 2008 – by the decision of the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, as well as till November 27, 1996 – by the decision of the Presidium of the Supreme Council of the Republic of Belarus and the condition of their allotment in accordance with the legislative acts;

shall take decisions on acquisition into the state ownership of privately owned land plots located within the borders of the region while transferring the given land plots in the case when the decisions on seizure and allocation of those land plots were taken by regional executive committees;

shall determine rights in rem to the land plots allocated without holding auction to citizens, individual entrepreneurs and legal persons for the construction and maintenance of the objects of immovable property, unless otherwise established by the president of the Republic of Belarus;

may take the decision on granting installment of payment for the right to conclude lease contracts of land plots in the case they took the decision on granting land plot into lease for the construction and maintenance of the objects of immovable property including by auction’s results;

may transfer to the administrations of free economic zones their rights on seizure and grating into lease to the residents of those zones the land plots located within the borders of free economic zones, and in the case of necessity on transfer land plots from some categories and types into the others including rights on preparation of the projects of lease contracts of those land plots and its conclusion;

shall perform state control over use and protection of lands within the borders of the region;

shall settle land disputes in relation to lands, land plots located within the borders of the region, the taking of decisions on seizure and allocation of which is referred to the competence specified by the present Article, as well as within the borders of different districts of the given region with the exception of the cases specified by part two of Article 92 of the present Code;

shall determine cases under which the act of choice of the place of location of the land plot approved in the established order by the head of the district executive committee is submitted for consideration to the head of the district executive committee;

shall carry out other powers in the sphere of land use and protection in accordance with the present Code and other acts of legislation.

The chairpersons of regional executive committees, in the case if the seizure or allocation of a land plot falls within the competence of the regional executive committees, shall agree the act of choice of the place of location of the land plot for the construction of an object.

Article 28. Competence of the Minsk City Executive Committee, City (Region-subordinated cities) Executive Committees in the Sphere of Land Use and Protection

The Minsk City Executive Committee, city (region-subordinated cities) executive committees in the sphere of land use and protection:

shall approve the land management documentation for the territory of the Minsk City, (region-subordinated cities specified by the present Code and other acts of legislation on land use and protection;

shall take decisions on seizure and allocation of land plots respectively from the lands within the borders of the Minsk City, region-subordinated cities and simultaneously in the case of necessity shall implement the transfer of lands from some categories into the others, as well as take decisions on establishment and termination of restrictions (encumbrances) of the rights to such land plots;

shall change the intended purpose of the land plots allocated by them either, till January 1^st, 2008 – by the decision of the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, as well as till November 27, 1996 – by the decision of the Presidium of the Supreme Council of the Republic of Belarus and the condition of their allotment in accordance with the legislative acts;

shall take decisions on acquisition into the state ownership of privately owned land plots located within the borders of the Minsk City, region-subordinated cities while transferring the given land plots to the citizens, non-state legal persons of the Republic of Belarus;

shall form the lists of vacant (unoccupied) land plots including those located thereon with non-used realty objects subject to demolition, which are located in cities including gardening partnerships, summer-cottage cooperatives which may be allocated to citizens for the construction and maintenance of dwelling houses, collective gardening, summer-cottage construction;

may take the decision on granting installment of payment for the right to conclude lease contracts of land plots in the case they took the decision on granting land plot into lease for the construction and maintenance of the objects of immovable property including by auction’s results;

may transfer to the administrations of free economic zones their rights on seizure and grating into lease to the residents of those zones the land plots located within the borders of free economic zones, and in the case of necessity on transfer land plots from some categories and types into the others including rights on preparation of the projects of lease contracts of those land plots and its conclusion;

shall perform state control over use and protection of lands within the borders of the Minsk City, region-subordinated cities;

shall settle land disputes in relation to lands, land plots located within the borders of the region, the taking of decisions on seizure and allocation of which is referred to the competence specified by the present Article, as well as within the borders of different districts of the given region with the exception of the cases specified by part two of Article 92 of the present Code;

shall carry out other powers in the sphere of land use and protection on lands in accordance with the present Code and other acts of legislation.

The Minsk City Executive Committee takes decisions on seizure and allocation of land plots from the agricultural lands of agricultural purpose, lands of nature protection, health-improving, recreational, historic-cultural purpose, forest lands of the forest fund for the aims not connected with the purpose of those lands as well as on transfer of such lands into other categories and types in the cases established by part two of Article 38 of the present Code, unless otherwise established by the President of the Republic of Belarus.

The Minsk City Executive Committee determines rights in rem to the land plots allocated without holding auction to citizens, individual entrepreneurs and legal persons for the construction and maintenance of the objects of immovable property, unless otherwise established by the President of the Republic of Belarus.

The heads of the Minsk City Executive Committee, city (region-subordinated cities) executive committees in the case if the taking of the decision on seizure or allocation of a land plot falls within their competence, shall approve in the established order the act of choice of the place of location of the land plot for the construction of an object.

Article 29. The Competence of the Regional Executive Committees in the Sphere of Land Use and Protection

District executive committees in the sphere of land use and protection, shall:

submit the schemes of land management of the districts for approval to the regional executive committee, form the funds of reallocation of lands of the districts, approve land management projects, other land management documentation specified by the present Code and other acts of legislation on land use and protection;

take decisions on seizure and allocation of land plots from the lands within the borders of the districts for the purposes connected with keeping forest, rural, subsidiary rural husbandry, traditional national trades (crafts), as well as from the lands of the region-subordinated cities, rural settlements, urban-type settlements, summer-cottage cooperatives, gardening partnership with the exception of the lands the decisions according to which are taken by the rural, settlement executive committees and simultaneously in the case of necessity shall implement the transfer of lands from some categories into the others, as well as take decisions on establishment and termination of restriction (encumbrances) of the rights to such land plots;

change the intended purpose of land plots allocated by them and the condition of their allotment in accordance with the legislative acts;

take decisions on acquisition of privately owned land plots located within the borders of the region (with the exception of land plots form the lands of the rural settlements and urban-type settlements which are privately owned by citizens) while transferring the given land plots to the citizens and non-state legal persons of the Republic of Belarus;

form the lists of vacant (unoccupied) land plots including those located thereon with non-used realty objects subject to demolition, which are located in cities including gardening partnerships, summer-cottage cooperatives which may be allocated to citizens for the construction and maintenance of dwelling houses, collective gardening, summer-cottage construction;

perform state control over the use and protection of lands within the borders of the district;

settle land disputes in relation to lands, land plots located within the borders of the district, the taking of decisions on seizure and allocation of which is referred to the competence specified by the present Article, as well as within the borders of different districts of the given region with the exception of the cases specified by part two of Article 92 of the present Code;

carry out other powers in the sphere of land use and protection in accordance with the present Code and other acts of legislation.

The heads of the district executive committees approve in the established order the act of choice of the place of location of the land plot for the construction of an object within the borders of the district.

Article 30. Competence of Rural, Settlement Executive Committees in the Sphere of Land Use and Protection

Rural, settlement executive committees in the sphere of land use and protection shall:

submit land management documentation on lands of the rural settlements and urban-type settlements specified by the present Code and other acts of legislation on land use and protection for the approval to the district executive committee;

take decisions on seizure and allocation of land plots from the lands of rural settlements, urban-type settlements to citizens for the constructions and/or maintenance of dwelling house, for the maintenance of the apartment in the blocked dwelling house registered by the state registration organization, for the construction (installation) of temporary individual garages to separate categories of the citizens of the Republic of Belarus in accordance with part two of the Article 41 of the present Code, for the keeping of personal subsidiary husbandry, gardening, haying and pasture of agricultural animals, as well as shall take decisions on establishment and termination of restrictions (encumbrances) of the rights to such land plots;

change designative purpose of allocated by them land plots and conditions of their allotment in accordance with legislative acts;

take decisions on acquisition of privately owned land plots located within the borders of rural settlements and urban-type settlements while transferring given land plots to citizens;

form the lists of vacant (unoccupied) land plots, including those with non-used objects of immovable property subject to demolition located thereon, situated in rural settlements in the territory of village councils, in urban-type settlements which may be allocated to citizens for the construction and maintenance of dwelling houses;

perform state control over use and protection of lands within the borders of the rural settlements and urban-type settlements;

settle land disputes in relation to lands, land plots locating in rural settlements and urban-type settlements, taking the decisions on seizure and allocation of which is referred to the competence specified by the present Article with the exception of the cases specified by part two of Article 92 of the present Code;

carry out other powers in the sphere of land use and protection in accordance with the present Code and other acts of legislation.

Article 31. Payment for State-Owned Land Plots to Be Allocated into the Private Ownership, Ownership of Foreign States, International Organizations as well as for the Right to Conclude Lease Contracts of State-Owned Land Plots. Value of Privately Owned Land Plot while Committing Transactions Therewith

The payment shall be charged for state-owned land plots to be allocated into the private ownership, ownership of foreign states, international organizations as well as for the right to conclude lease contracts of state-owned land plots with the exception of the cases specified by part four and eleven of the present Article.

Unless otherwise established by the President of the Republic of Belarus, land plots are allocated from the state ownership into the private ownership of the citizens of the Republic of Belarus, private ownership of the non-state legal person f the Republic of Belarus according to their cadastral value with the exception of the land plots to be allocated by the results of the auction.

In the case of allocation of land plots into the private ownership by the results of the auction, their value shall be determined by the results of the auction and may not be lower than the cadastral value.

The payment shall not be charged for equal-worth state-owned land plots to be allocated into the private ownership instead of seized land plots that have been privately owned.

On the well-founded request of the citizen of the Republic of Belarus, non-state legal person of the Republic of Belarus, the state bodies carrying out state regulation and administration in the sphere of land use and protection which have allocated land plots into the private ownership, have the right to take the decision on granting by-installment payment (part thereof) for the land plots but not more than for two years with the exception of the cases of allocation of land plots into the private ownership by the results of the auction. The amount of the payment (part thereof) for land plots in case of granting installment of its bringing in, is to be corrected by the mentioned state bodies that have allocated land plots into the private ownership in accordance with the legislation.

The value of the privately owned land plots while executing transaction of their mutual alienation is established by the respective contracts and may not be lower than the cadastral value of those land plots at the moment of transactions conclusion.

Buy-out of privately owned land plots for the state needs is carried out according to their cadastral value at the moment of the buy-out the order established by the Council of Ministers of the Republic of Belarus, unless otherwise established by the President of the Republic of Belarus.

The payment determined on the basis of the cadastral value of the given plots with the exception of the cases specified by part eleven of the present Article shall be brought in for the right to conclude lease contracts of state-owned land plots to be allocated into lease without holding an auction. The order of determination of the amount of the payment for the right to conclude lease contracts of state-owned land plots to be allocated without holding the auction for the right to conclude lease contracts of land plots is established by the Council of Ministers of the Republic of Belarus.

The payment for the right to conclude lease contracts of state-owned land plots to be allocated. into lease by the results of the auction is determined by the results of the auction and may not be lower than initial price of the right to conclude lease contracts of the land plots determined on the basis of the cadastral value of the land plots with application of coefficients depending on their lease terms established by the Council of Ministers of the Republic of Belarus for the determination of the payment for the right to conclude lease contracts of the land plots to be allocated without holding the auction for the right to conclude lease contracts of land plots.

At the well-founded request of citizens, individual entrepreneurs and legal persons, the regional, Minsk City Executive Committee, city (region-subordinated cities) executive committees that have allocated the land plots into lease for the construction and maintenance of the objects of immovable property including by auction’s results have the right to conclude the decision on granting installment of payment (its part) for the right to conclude lease contracts of land plots. The rate of payment (its part) for the land plot in the case of granting installment of bringing in is updated by the specified executive committees that have allocated land plot into lease in accordance with the legislation.

The payment is not charged for the right to conclude lease contracts on state-owned land plots being allocated to:

state bodies, other state organizations (with the exception of allocation of land plots for the construction of the refueling stations) – for the implementation of tasks and functions specified by the legislation;

non-state legal persons of the Republic of Belarus – for maintaining objects of immovable property which are owned by the state;

agricultural organizations, including peasant’s (farmer’s) households, other organizations – for keeping agriculture, including peasant’s (farmer’s) household as well as for keeping subsidiary agriculture;

scientific organizations, educational institutions – for research or educational purposes in the sphere of agriculture or forest husbandry;

state forestry institutions, organizations of local executive committees within competence of which falls keeping of forest-park husbandry – for keeping forest husbandry;

religious organizations, other legal persons, individual entrepreneurs – for the construction of cult structures and burial places;

in the cases established by the President of the Republic of Belarus, the citizens of the Republic of Belarus – for the construction and/or maintenance of dwelling houses;

the citizens of the Republic of Belarus – for the keeping of personal subsidiary husbandry, peasant’s (farmer’s) household, traditional national trades (crafts), gardening, haying, pasture of agricultural animals;

certain categories of the citizens of the Republic of Belarus in accordance with part two of Article 41 of the present Code – for the construction (installation) of temporary individual garages;

gardening partnerships, the citizens of the Republic of Belarus – for the keeping of collective gardening;

citizens, individual entrepreneurs and legal persons if under the conditions of allotment of a land plots the allocation to them of another land plot is required instead of seized (including instead of that marked to seizure and allocation to those persons);

citizens, individual entrepreneurs and legal persons – upon the appeal for drawing up documents which certify the right to land plots on which the capital structures (building, constructions) belonged to them under the right of ownership or other legal basis are located;

other persons in the cases established by the President of the Republic of Belarus.

The lessees of state-owned land plots are obliged to bring in the payment for the right to conclude lease contract of the land plot prior to granting leased land plots into sublease, transferring their rights and duties according to lease contracts of land plots to other persons, transferring the right to conclude lease contract of land plot, on which the capital structures (building, constructions) are absented, into the mortgage and its inclusion as a deposit in the statutory fund of economic partnerships and associations if the payment has not been collected for that.

Article 32. Payment for Use of Land Plots

The use of the land plots in the Republic of Belarus is paid. The forms of payment for use of land plots are a the land tax or rent payment;

For the use of land plots allocated into the private ownership, life inheritable possession, permanent or temporary use, the land tax is paid in accordance with tax legislation.

For the use of land plots allocated into lease the rent payment is to be paid.

The rate of the rent payment for using land plots which are state-owned, privately owned by citizens, privately owned by non-state legal persons of the Republic of Belarus is determined by the lease contract of the land plot.

The order of determination of the rate of rent payment for the state-owned land plots is established by the President of the Republic of Belarus.

Article 33. Receipt and Use of Funds for State-Owned Land Plots to Be Allocated into the Private Ownership, Ownership of Foreign States, International Organizations for the Right to Conclude Lease Contracts of State-Owned Land Plots as well as for Use of State-Owned Land Plots

The funds being received for state-owned land plots to be allocated into the private ownership, ownership of foreign states, international organizations for the right to conclude lease contracts of state-owned land plots as well as for the use of state-owned land plots are collected into republic and local budgets in accordance with the budgetary and other legislation and are used for the protection of lands and improvement of their useful features, the land management, keeping of the State Land Cadastre including for the cadastral valuation of lands, land plots as well as for the material stimulation of land users, construction (reconstruction, renovation) of object of social infrastructure, financing works (services) connected with forming and seizure land plots for holding auctions including with the state registration in relation to those plots and for other purposes specified by the legislative acts. Non-intended purpose of specified funds is not allowed.

Article 34. Allocation of State-Owned Land Plots

The allocation of state-owned land plots is carried out in accordance with the order of seizure and allocation of land plots established by the President of the Republic of Belarus.

State-owned land plots are allocated by the results of the auctions. Without holding auctions the land plots may be allocated in the cases established by the President of the Republic of Belarus.

Article 35. Grounds for Allocation of State-Owned Land Plots

The allocation of land plots is carried out on the basis of the decisions on seizure and allocation of land plots in the order established by the Republic of Belarus.

A decision on seizure and allocation of land plot shall specify:

land users, from the lands of which the land plot is seized;

area of the land plot and types of seized lands;

persons which are allocated the land plot;

the right in rem for the land plot;

the purpose of allocation of land plot;

data about transferring the land plot from some category and types into others;

the extent of damages, losses of agricultural and/or forestry production subject to recovery, the order and conditions of its recovery, transit account of the inspectorate of the Ministry on Taxes and Dues of the Republic of Belarus for transferring sums of losses;

availability of restrictions (encumbrances) of the rights in the use of the land plot including land easement;

conditions of stripping, preservation and use of the fertile layer of soil, as well as the order of reversion and/or recultivation of lands allocated into the temporary use;

other conditions of allotment of the land plot (including the term of implementation of the state registration in relation to allocated land plot, the term and other conditions of occupation of the land plot).

In the case if the land plot is seized for the state needs, it shall be specified in the decision on its seizure and allocation that that land plot is seized for the state needs with indication of the grounds (one or several) with enclosure of copies of the documents (or extracts therefrom) confirming those grounds.

Article 36. Dimensions of Land Plots

The dimension of a land plot to be allocated into the private ownership, lifetime inheritable possession or lease for the construction and/or maintenance of the dwelling house, maintenance of the apartment in the blocked dwelling house registered by the state registration organization, is established:

in cities – from 0,05 to 0,15 hectare inclusively;

in rural settlements, urban-type settlements – from 0,15 to 0,25 hectare inclusively.

The dimension of a land plot to be allocated in a rural settlements, urban-type settlement for keeping personal subsidiary husbandry into the private ownership of lifetime inheritable possession may not exceed 1 hectare having regard to the dimension of the land plot allocated for the construction and/or maintenance of the dwelling house, maintenance of the apartment in the blocked dwelling house registered by the state registration organization in that settlement. For the keeping of personal subsidiary husbandry in such settlement the land plots at the rate under 3 hectares inclusively may be allocated into lease.

The dimension of the land plot to be allocated into the private ownership, lifetime inheritable possession or lease for collective gardening, summer-cottage construction may not exceed 0,15 hectares for one member of the gardening partnership, summer-cottage cooperative.

The dimension of the land plot to be allocated to the citizen of the Republic of Belarus for keeping peasant’s (farmer’s) household on the right of lifetime inheritable possession may not exceed 100 hectares of agricultural land inclusively.

The dimension of the land plot to be allocated to the peasant’s (farmer’s) household for keeping peasant’s (farmer’s) household on the right of permanent use or lease is determined by the project of allotment of the land plot.

Specific dimension of the land plot to be allocated for the purposes specified in part one – four of the present article is established by the state body which allocates the land plot in accordance with its competence specified by the present Code and other acts of legislation depending on local conditions and peculiarities, and wish of the person to whom it is allocated as well as with observance of the town planning regulations, nature protection requirements, fireproof, sanitary, construction and other norms and rules. The allocation of the land plot smaller than the minimum dimension established by the present Article may be performed only with the consent of the person to whom it is allocated.

The dimension of the land plot to be allocated for the gardening, haying and pasture of agricultural animals, traditional national trades (crafts) is established by the state body which allocates the land plot in accordance with its competence depending on local conditions and peculiarities, and wish of the person to whom it is allocated.

Article 37. Allocation of Land Plots from Lands of Agricultural Purpose

Land plots from the lands of agricultural purpose are allocated to agricultural organizations, including peasant’s (farmer’s) households, other organizations for keeping agriculture, scientific organizations, institutions of education – for research or educational purposes in the sphere of agriculture or forest husbandry by their choice into the permanent or temporary use either lease, as well as to the citizens of the Republic of Belarus – into lifetime inheritable possession or lease and for foreign citizens and stateless persons – into lease for keeping peasant’s (farmer’s) household. Land plots from the land of agricultural purpose may be allocated also in the cases specified by Article 38 of the present Code.

Article 38. Allocation of Land Plots from Agricultural Lands of Agricultural Purpose, Lands of Nature Protection, Health-Improving, Recreational, Historic-Cultural Purpose, Forest Lands of the Forest Fund for the Purposes not Connected with the Purpose of those Lands

For the purposes not connected with keeping agriculture, the land plots are allocated from the lands not referred to the agricultural lands of agricultural purpose or less productive agricultural lands, as well as disturbed lands.

Seizure and allocation of land plots from agricultural lands of agricultural purpose, lands of nature protection, health-improving, recreational, historic-cultural, forest lands of the forest fund for the purposes not connected with the purpose of those lands, as well as the transfer of such lands into other categories and types are performed by the regional and Minsk City Executive Committees and are admitted, unless otherwise established by the President of the Republic of Belarus:

for placing objects of immovable property in the cases when such placing is specified by the decisions of the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, state programs approved by the President of the Republic of Belarus or the Council of Ministers of the Republic of Belarus, urban planning projects, general plans of towns, other settlements and/or urban planning projects of detailed planning – in the settlements, by the schemes of land management of the districts, projects of intra-economical land management with regard to the state scheme of comprehensive territorial arrangement of the regions – outside the borders;

for placing object of immovable property in the exclusive cases not specified by indent two of the present Article when there is no possibility to place such objects on the land plots from other categories and types of lands;

in other cases specified by laws and decisions of the President of the Republic of Belarus.

Adoption of the decisions on placing objects of immovable property of non-agricultural and non-forestry purpose connected with seizure and allocation of lands plots from agricultural lands of agricultural purpose, lands of nature protection, health-improving, recreational, historic-cultural purpose, forest lands of the forest fund by the regional, Minsk City Executive Committees is admitted only while it is impossible to place those objects on the land plots of non-agricultural purpose or unfit for keeping agriculture or on the agricultural lands of worse quality, as well as on the lands not covered with forest or occupied by wood-shrub vegetation (plantation) of little value in the case of allocation of the land plot from lands of the forest fund;

Land plots for the construction and maintenance of line structures within the borders of protective areas (controlled strips) of those structures from the lands of nature protection, health-improving, recreational, historic-cultural purpose, lands of the forest fund not stipulated according to their conditions of exploitation for the forest growth are allocated in accordance with the present Code and other legislative acts.

The allocation of land plots from agricultural lands of agricultural purpose, lands of nature protection, health-improving, recreational, historic-cultural purpose, forest lands of the forest fund for the purposes not connected with the purpose of those lands, for the mining of mineral deposits for the legal persons of the Republic of Belarus, individual entrepreneurs and foreign investors is performed after their implementation of recultivation of lands on the already allotted land plots for which the need is over and their bringing into the proper condition for the purposes determined by the decision of the state body which has allocated those land plots.

Article 39. Allocation of Land Plots for the Collective Gardening, Summer-Cottage Construction

The capable citizens registered at the place of residence or at the place of stay in the territory of the Republic of Belarus which have wished to create gardening partnership, summer-cottage cooperative shall submit to the respective district executive committee an application of confirmation of possibility to place gardening partnership, summer-cottage construction with appendix of the respective protocol; of founders` meeting which contains the decision on creating gardening partnership, summer-cottage cooperative.

After the state registration of the gardening partnership, summer-cottage cooperative, the land plots of gardening partnership’s, summer-cottage cooperative’s common use which includes lands of gardening partnership’s, summer-cottage cooperative’s common use are allocated to those gardening partnership, summer-cottage cooperative into permanent use or lease by their choice, and to the members of gardening partnership, summer-cottage cooperative who are the citizens of the Republic of Belarus – into the private ownership, lifetime inheritable possession of lease, to the foreign citizens and stateless persons registered at the place of residence or stay in the territory of the Republic of Belarus – into the lease in the order established by the President of the Republic of Belarus. For the collective gardening, summer-cottage construction, the land plots suitable for their use in specified purposes are allocated as a rule from the lands reallocation fund and nearby motor roads and railways.

In the case of acquisition by inheritance of the land plot allocated to the legator into the private ownership or lifetime inheritable possession for the collective gardening, summer-cottage construction, the right of private ownership or of lifetime inheritable possession to those land plots passes to the heirs including foreign citizens and stateless persons who are the relatives of the legator.

Article 40. Allocation of Land Plots for Keeping Peasant’s (Farmer’s) Household

The capable citizens registered at the place of residence or at the place of stay in the territory of the Republic of Belarus which have wished to create a peasant’s (farmer’s) household shall submit to the respective district executive committee an application for confirmation of possibility to place the peasant’s (farmer’s) household and of the supposed place of location of the land plot for keeping peasant’s (farmer’s) household.

After the state registration of the peasant’s (farmer’s) household, the land plot is allocated, at the choice, to peasant’s (farmer’s) household into the permanent use or lease or to the head of that household into the lifetime inheritable possession or lease in the order established by the President of the Republic of Belarus.

Peasant’s (farmer’s) households to be created by the persons registered at the place of residence or at the place of stay in the territory of the respective village council, as well as by the members (workers) of reorganized or liquidated agricultural organizations, other things being equal, have primary right to obtain the land plot for keeping peasant’s (farmer’s) household

Land plots are allocated to peasant’s (farmer’s) households or to its heads as a rule by the single array and in the first place from the lands reallocation fund.

Article 41. Allocation of Land Plots for the Construction and/or Exploitation of Open Parking Stands or Garages for Storing Transport Means

Land plots are allocated without holding auctions into the permanent use to garage (garage-construction) cooperatives and to the cooperatives which carry out exploitation of parking stands for storing transport means of the citizens of the Republic of Belarus – of the members of such cooperatives. Land plots for the construction of other objects providing for availability of the garages, parking stands are allocated into lease by the results of the auction.

Land plots for the construction (installation) of temporary individual garages for storing transport means in the settlements may be allocated by the city, district, rural, settlement executive committees into the temporary use to the citizens of the Republic of Belarus – the disabled persons of I and II groups, disabled persons with impairment of the locomotor apparatus, disabled persons of the Great Patriotic War or the citizens who became diseased and have undergone the radiation disease induced by the consequences of the disaster at the Chernobyl NPP, as well as to the disabled persons in relation to which the casual connection of supervening disability with the disaster at the Chernobyl NPP is established.

Article 42. Allocation of Land Plots to Citizens of the Republic of Belarus for Gardening, Haying and Pasture of Agricultural Animals

Land plots are allocated into the temporary use by the decision of the Minsk City Executive Committee, city (region-subordinated cities), district, rural, settlement executive committees for the gardening with the aim to grow vegetables, potatoes, berry and other agricultural crops to the citizens of the Republic of Belarus in the case if:

the land plots have not been allocated in the settlement in which the citizens of the Republic of Belarus are registered at the place of residence (with the exception of the Minsk City, regional centers, region-subordinated cities) for keeping personal subsidiary husbandry, construction and/or maintenance of the dwelling house, maintenance of the apartment in the blocked dwelling house registered by the state registration organization, for the collective gardening, summer-cottage construction;

the land plots were allocated for the purposes specified in indent two of the present part till January 1^st,1999;

the land plots were allocated for the purposes specified in indent two of the present part after January 1^st, 1999 in the dimensions smaller than it is established by the Article 36 of the present Code.

The citizens of the Republic of Belarus having the ownership of agricultural animals are allocated the land plots into the temporary use for the haying and pasture of the agricultural animals in the settlement in which the citizens of the Republic of Belarus are registered at the place of residence (with the exception of the Minsk City, regional centers, region-subordinated cities) or in the territory of the district in which the given settlement is located.

The dimensions of allocated land plots for the purposes specified in part one and two of the present Article are established depending on local conditions and peculiarities, as well as on the will of the persons who are allocated the land plots.

Article 43. Allocation of Land Plots for Traditional National Trades (Crafts)

Land plots for traditional national trades (crafts) are allocated into lifetime inheritable possession to the citizens of the Republic of Belarus registered at the place of residence in the territory of the Republic of Belarus by the decisions of the district executive committees. At that the dimensions of the land plots are established depending on local conditions and peculiarities, as well as on the will of the persons who are allocated the land plots.

Article 44. Acquisition of the Right to the Land Plot, the Possession of which is Exercised during a Long Period of Time

The citizens of the Republic of Belarus who have not the document on allocation of the land plot or the document which certify the right to the land plot or who use the land plot the boundary and/ or the dimension of which does not coincide with the boundary and/or the dimension, specified in the document on allocation of land plot or in the document which certify the right to the land plot, but who honestly, openly and continuously possess the land plot as their own within fifteen years and more have the right, in accordance with the legislation, to purchase that land plot into the private ownership or obtain it into the lifetime inheritable possession, lease within the existing boundary and /or at the dimension not exceeded the dimension established by the Article 36 of the present Code.

Honesty, openness and continuity of possession of the land plot are confirmed by the data introduced into the land-cadastral documentation or by the construction passport and/or passport of homeownership and/or the document on payment of land tax.

Article 45. Establishment of the Land Easement

The land easement is established in agreement with the person who demands establishment of the land easement and the land user of the land plot to be encumbered by the former. In the case of non-achievement of the agreement on establishment and/or conditions of the land easement, the dispute is settled by the court at the suit of the interested person.

The land easement may be established for determined period of time (terminal land easement). If in the contract on land easement or in the decision of the court on establishment of the land easement the term of its validity is not specified, the land easement deemed to be permanent.

Article 46.Use of Land Plots for Survey Works, Construction of Line Structures, Placing Geodetic Posts

Legal persons, individual entrepreneurs carrying out survey works may carry out those works on the lands of all categories without seizure of land plots from the land users.

The permission for carrying out survey works is issued by the Minsk City Executive Committee, city (region-subordinated cities), district, rural, settlement executive committees for the term not more than one year upon the agreement with land users, unless otherwise established by the President of the Republic of Belarus. The legal persons, individual entrepreneurs carrying out survey works on land plots are obliged on own account to bring those land plots into the condition suitable for use according to the intended purpose. The bringing of land plots into the condition suitable for the use according to the intended purpose is performed in the course of the works and in the case when it is impossible – not later than within a month after the completion of works excepting the period of soil frost penetration.

The legal persons, individual entrepreneurs carrying out survey works which, according to its fulfillment technology, require temporary placement on the land plot of the structures, equipment, hardware which restrict fully or partially the use of those land plots by land users, compensate damages inflicted to the land users in the order established by the Council of Ministers of the Republic of Belarus.

The seizure and allocation of land plots is not required for the construction (reconstruction, capital renovation) of underground line structures to be carried out within the borders of the protective areas (controlled strips) of those structures in the period of up to one and a half year without felling wood-shrub vegetation (plantations).The construction of such structures is carried out on the basis of the land-cadastral documentation, the act of choice of the place of location of the land plot in accordance with the approved town planning documentation with compensation of the damages, losses of agricultural and/or forestry production (if it is).

The placement of geodetic posts is carried out without seizure of land plots from the users in accordance with the approved by the State Committee on Property of the Republic of Belarus technical projects or cost sheets for the performance of geodetic works of the state purpose, drawn up having regard to norms of density of the placement of geodetic posts in the territory of the Republic of Belarus, as well as technical projects or cost sheets for the performance of geodetic works of the special purpose agreed with the State Committee on Property of the Republic of Belarus, and with the notification of placement of geodetic posts on the land plots or in the capital structures (buildings, constructions) of their owners or persons authorized by them.

Article 47. Transactions with Land Plots and with Rights Thereto

Privately-owned land plots may be the subject of the contract for sale, exchange, donation, lease, mortgage and transfer through inheritance in accordance with civil legislation having regard to the restrictions established by the present Code, acts of the President of the Republic of Belarus and other legislative acts

Transactions with privately-owned land plots, transactions on granting leased land plots into sublease, transferring by lessees their rights and duties by lease contracts to other persons, transactions on granting the right of lease of land plots into mortgage and bringing the right of lease of land plots as a deposit in the statutory fund of economical partnerships and associations are executed while preserving the intended purpose of land plots, as well as in the case of availability o the documents identified the rights to those land plots.

Article 48. Invalidity of Transactions with Land Plot and Rights Thereto

Contracts for sale, exchange, donation, lease, mortgage of the land plots allocated into the lifetime inheritable possession or lease, are invalid.

Transactions on granting leased land plots into sublease, transferring by lessees their rights and duties by lease contracts to other persons, transactions on granting the right of lease of land plots into mortgage and bringing the right of lease of land plots as a contribution in the statutory fund of economic partnerships and companies, if the payment for the right to conclude the lease contract of the land plot in accordance with part eleven of Article 31 of the present Code was not collected or specified transactions have been executed without the consent of the lessee, are invalid.

Transactions with the land plots and rights to the land plots, for which the documents that certify rights to those land plots are absent, are invalid.

Transactions specified in part one – three of the present Article are void and entail consequences of their invalidity specified by the civil legislation.

Article 49. Form and State Registration of Transactions with Land Plots and Rights Thereto

Transactions with privately-owned land plots, as well as transactions on granting leased land plots into sublease, transferring by lessees their rights and duties under lease contracts to other persons, transactions on granting the right of lease of land plots into mortgage and bringing the right of lease of land plots as a contribution in the statutory fund of economic partnerships and companies are executed in writing in the order established by the civil legislation and are subject to state registration in the order established by the legislation on state registration of immovable property, rights thereto and transactions therewith. The transactions which are executed with non-observance of the form or requirement on state registration of transactions with land plots are void and entail consequences of their invalidity specified by the civil legislation.

Article 50.Features of Mortgage of Land Plots and Pledge of the Right of Lease of Land Plots

Privately-owned land plots may be the subject of the mortgage, and the right of lease of land plots may be the subject of the pledge only as security for the obligation under the credit contract concluded with a bank.

Privately-owned land plots allocated for the construction and/or maintenance of capital structures (buildings constructions) may be the subject of the mortgage only jointly with the capital structures (buildings constructions) or incomplete prepared-for-preservation capital structures located thereon, unless otherwise established by the President of the Republic of Belarus.

The value of privately-owned land plot that is the subject of the mortgage may not be lower than its cadastral value.

The land plot with the capital structure (building, construction) located thereon may not be the subject of the mortgage if the enforced execution under the executive documents may not be levied upon that structure in accordance with civil procedural legislation.

The right of lease of land plots may the subject of a mortgage if the payment for the right to conclude lease contracts of land plots has been collected.

The pledgors of land pots may be the persons to whom land plots were allocated into the private ownership, and the pledgors of the right of lease of land plots – lessees of the land plots for the right to conclude lease contracts of which, the payment has been collected.

The pledgees of land plots and the right of lease of land plots may be only banks, the list of which is determined by the President of the Republic of Belarus.

The land plots to which the mortgage is established, remains into the ownership of the pledgor, and the lessee (pledgor), the right of lease of land plot of which is the subject of the pledge continues to make use of the land plot.

In the case of non-fulfillment by the pledgor of the obligation secured by mortgage or pledge, the bank-pledgee has the right to perform alienation of the land plot or the right of lease of the land plot on behalf of the pledgor in the order established by the legislation, and to satisfy its claims to the pledgor from the proceeds.

Article 51. Features of Alienation (Sale, Donation, Exchange) Privately-Owned Land Plots

The citizens who are the owners of the land plots have the right to alienate land plots to the Minsk City Executive Committee, city (region-subordinated cities), district, rural, settlement executive committees, as well as to alienate (sale, donate, exchange) to the citizens of the Republic of Belarus under the condition of preserving intended purpose of those lands in accordance with the legislation on land use and protection.

Non-state legal persons of the Republic of Belarus which are the owners of land plots have the right to alienate land plots to the regional, Minsk City Executive Committee, city (region-subordinated cities), district executive committees or alienate (sale, exchange) only to the non-state legal persons of the Republic of Belarus under the condition of preserving intended purpose of those lands in accordance with the legislation on land use and protection as well as execute other transactions in accordance with legislative acts.

Privately-owned land plots may be alienated only with the capital structures (building, constructions), incomplete capital structures prepared for preservation, located thereon. Dwelling houses, summer-cottages, garden lodes and other capital structures (buildings, constructions), as well as incomplete capital structures prepared for preservation may be alienated only with the land plots if those land plots are privately-owned with the exception of the cases of sale of dwelling houses, summer-cottages, garden lodges and other capital structures (buildings, constructions), incomplete capital structures prepared for preservation for the demolition.

Privately-owned land plots allocated for keeping personal subsidiary husbandry may be alienated to the rural, settlement executive committee or the citizen of the Republic of Belarus registered at the place of residence in the rural settlement, urban-type settlement where alienated land plots are located, under the condition of preserving their intended purpose.

It is prohibited, unless otherwise established by the President of the Republic of Belarus, to alienate capital structures (buildings, constructions) of the land plots (purchase-sale, exchange, donation) allocated into the private ownership for the construction prior to their owners’ obtaining documents which certify the right to capital structures located on those land plots, with the exception of:

alienation of land plots to the regional, Minsk City Executive Committee, city (region-subordinated cities), district, rural, settlement executive committee in accordance with its competence;

donation of land plots by citizens to close relatives;

alienation of land plots with incomplete capital structures prepared for preservation located thereon;

alienation of land plots allocated for keeping collective gardening;

alienation of land plots for keeping personal subsidiary husbandry;

alienation of land plots acquired at the auction on selling land plots into the private ownership.

The alienation of land plots and capital structures (buildings, constructions) located thereon is carried out simultaneously with the exception of the alienation of specified structures for the demolition.

Article 52. Features of the Inheritance of Land Plots Privately Owned by Citizens

Heirs of the land plots which are privately owned by citizens are obliged to apply to the respective organization on state registration for the state registration of the transfer of right of private ownership to the land plot transferred through inheritance upon the expiry of the term for the acceptance of inheritance established by the civil legislation, but not later than eighteen months from the time of opening of the inheritance. This term may be prolonged by the court upon the application of the heir, but not more than for six months if the heir had a reasonable excuse which impeded him/her to apply for the state registration of the transfer of right of ownership to the land plot (disease, absence in the Republic of Belarus or another reasonable excuse).

In the case of acceptance through inheritance of the land plot which was privately owned by the legator or the share in the right for that plot by the persons to whom the dwelling house, apartment in the blocked dwelling house registered by the state registration organization, summer-cottage or garden lodge located on that land plot were not transferred through inheritance, the heirs of the dwelling house, apartment in the blocked dwelling house registered by the state registration organization, summer-cottage or garden lodge shall pay to those persons in accordance with the court’s decision a monetary compensation equal to the cadastral value of the land plot or the share in the right for that land plot at the opening of inheritance.

Article 53. Inheritance of Land Plots Being in Lifetime Heritable Possession

The inheritance of lifetime heritably possessed land plots may be implemented by the law or by the will.

Heirs of the land plots which are lifetime heritably possessed by citizens are oblige, upon the expiry of the term for the acceptance of inheritance established by the civil legislation, but not later than eighteen moths from the time of opening of the inheritance, to appeal to the respective organization on state registration for the state registration of the transfer of right of lifetime inheritable possession of the land plot or to the Minsk City Executive Committee, city (region-subordinated cities), district, rural, settlement executive committee in accordance with its competence for the allocation of land plot into the private ownership or into lease. This term may be prolonged by the respective local executive committee upon the application of the heir, but not more than for six months if the heir had a reasonable excuse which impeded him/her to apply for the state registration of the transfer of right of lifetime inheritable possession of the land plot or for the allocation of land plot into the private ownership or into lease (disease, absence in the Republic of Belarus or another reasonable excuse).

Article 54. Voluntary Transfer of Privately-Owned Land Plots into the State Ownership

Voluntary transfer of privately-owned land plots into the state ownership is performed without compensation or via their buy-out for the state needs.

Voluntary transfer of land plots being in the private ownership of citizens into the state ownership is performed on the basis of their applications by the decision of the Minsk City Executive Committee, city (region-subordinated cities), district, rural, settlement executive committee adopted in accordance with its competence.

Voluntary transfer of land plots privately owned by non-state legal persons of the Republic of Belarus into the state ownership is performed on the basis of their applications by the decision of the regional, Minsk City Executive Committee, city (region-subordinated cities), district, rural, settlement executive committee which was taken in accordance with its competence.

The buy-out of the land plot for the state needs is performed according to its cadastral value at the moment of buy-out in the order established by the Council of Ministers of the Republic of Belarus, unless otherwise established by the president of the Republic of Belarus.

Article 55. Transfer of Rights to Land Plots while Transferring Rights to Capital Structures (Buildings, Constructions), Incomplete Capital Structures Prepared for Preservation

While transferring rights to capital structures (buildings, constructions), incomplete capital structures prepared for preservation, the rights, restrictions (encumbrances) of rights to land plots are transferred to the acquirers of those structures. While transferring rights to capital structures (buildings, constructions), incomplete capital structures prepared for preservation located on the leased land plots, the rights and duties under respective lease contracts of land plot are transferred to the acquirers of those plots for the remaining period of lease of the respective land plot.

It is not required that the Minsk City Executive Committee, city (region-subordinated cities), district, rural, settlement executive committee take a decision on seizure and allocation of land plot or transfer of right thereto in the case of the transfer of right to the capital structure (building, construction) including incomplete capital structure prepared for preservation located thereon to another person (with the exception of acquisition of that right by the results of the auction) if, at that, the intended purpose of the land plot, the type of the right in rem to it, its dimension and boundary are not changed. In this case the state registration of the transfer of right to the land plot is performed in the order established by the legislation on the basis of the documents submitted for the performance of the state registration of the transfer of right to such capital structure (building, construction).

Article 56. Transfer of the Right of Private Ownership to Land Plot at the Reorganization of Non-State Legal Person of the Republic of Belarus

At the reorganization of a non-state legal person of the Republic of Belarus to which the land plots is allocated into the private ownership, the right of private ownership to the land plot is transferred to the non-state legal person (legal persons) of the Republic of Belarus created as a result of reorganization. At that, it is not required that the Minsk City Executive Committee, city (region-subordinated cities), district, rural, settlement executive committee take decision on seizure and allocation of land plot or transfer of right thereto in the case of the transfer of right to the capital structure (building, construction) including incomplete capital structure prepared for preservation located thereon to the non-state legal person (legal persons) created as a result of reorganization if the intended purpose of the land plot, the type of the right in rem thereto, its dimension and boundary are not changed. In this case the state registration of the transfer of right to the land plot is performed in the order established by the legislation on the basis of the documents submitted for the performance of the state registration of the transfer of right to such capital structure (building, construction).

In the case of reorganization of a non-state legal person of the Republic of Belarus in the form of the division or separation, the division of the land plot is performed in accordance with the separation balance sheet in the order established by the legislation on land use and protection. If in the cases specified in part one of Article 10 of the present Code the division of the land plot is impossible, the legal persons of the Republic of Belarus newly arisen as a result of reorganization exercise rights and duties specified by the Article 69 and 70 of the present Code in relation to that land plot in proportion to the shares of those legal persons in the right of ownership to the capital structures (buildings, constructions) in accordance with the separation balance sheet, or when there are no capital structures (buildings, constructions) on the land plot – in the shares to be determined in accordance with the separation balance sheet.

Article 57. Preservation of Rights to Land Plot Allocated to the Citizen, Individual Entrepreneur, Legal Person while Destructing Capital Structure (Building. Construction) as a Result of the Fire, Natural Disasters or other Harmful Impact

When capital structure (building, construction) has been destructed as a result of the fire, natural disasters or other harmful impact for the construction and/or maintenance of which the citizen, individual entrepreneur, legal person the land plot was allocated, the respective right in rem to the land plot is preserved if the citizen within one year, and the individual entrepreneur, legal person within six months after such destruction begin, in the established order, restoring destroyed capital structure (building, construction) or erecting a new one. Upon a reasonable application of the citizen, individual entrepreneur, legal person, that term may be prolonged by the decision of the state body in accordance with its competence specified by the present Code and other cats of legislation, but not more than for one year.

Article 58. Preservation of Restrictions (Encumbrances) of the Rights to Land Plot Including the Land Easement while Transferring Right to Land Plot

Restrictions (encumbrances) of the rights to land plot including land easement are preserved while transferring the right to that land plot to another person.

Article 59. Preservation of the Right to Service Land Parcel

The right to a service land parcel allocated prior to the entry into force of the present Code is preserved, unless otherwise established by legislative acts:

for the worker who has retired on a pension because of age or disability – for life;

for the members of family of the worker who moved to an elective office, being in a military service by conscription, being trained at institutions of education ensuring obtainment of higher, special secondary and vocational and technical education, in the full-time form of education – respectively for the term of holding the elective office, being in the military service, training;

for the members of family of the deceased worker – within ten years after the death of the worker. After the expiration of the specified term the right of use of the service land parcel is terminated.

The worker who has terminated labor relations with the legal person which has allocated to him/her service land plot, with the exception of the cases specified in part one of the present Article, has the right to use that parcel after the termination of labor relations within the term necessary for harvesting. After the expiration of the term necessary for harvesting, the right of use of the service land parcel is terminated.

Article 60. Termination of the Right of Private Ownership to Land Plots

The right of private ownership to land plots is terminated by the decision of the regional, Minsk City Executive Committee, city (region-subordinated cities), district, rural, settlement executive committee in accordance with its competence or by a court’s ruling:

while alienating land plot to the persons which in accordance with the present Code can not be the owners of the land plots;

at the voluntary transfer of the land plots into the state ownership;

while seizing a land plot for the state needs;

at the liquidation of the non-state legal person of the Republic of Belarus;

in the case of death of the citizen and recognition of inheritance to be escheated;

in the case specified by part nine of Article 50 of the present Code;

in the case of recognition of the land plot to be ownerless.

The right of private ownership to a land plot is also terminated in the event of forced seizure of the land plot by the court’s decision:

in the case of nonpayment of the land tax upon the expiry of two tax periods;

while using land plot not for its intended purpose;

in the case of recognition of empty dwelling house to be ownerless and its transfer into the ownership of the respective administrative territorial unit, seizure of ramshackle dwelling house, incomplete dwelling house not prepared for preservation, summer-cottage from the owner by means of buy-out by the administrative territorial unit or transfer to the respective executive committee for the sale by public tenders;

if the citizen within on year or non-state legal person of the Republic of Belarus within six months after the day of receipt of the certificate (certification) on state registration of the creation of the land plot and of the origin of the right thereto have not commenced the occupation of the given land plot;

if the citizen within on year or non-state legal person of the Republic of Belarus within six months or within another period, established in accordance with the Article 57 of the present Code, after the destruction of the capital structure (building, construction) as a result of the fire, natural disasters or other harmful impact for the construction and/or maintenance of which the land plot was allocated, have not commenced the restoration of destroyed capital structure (building, construction) or erect a new one;

in the case of non-fulfillment of the measures on protection of lands specified in part one of Article 89 of the present Code;

in the case of loss of the citizenship of the Republic of Belarus;

in the case of dropout or exclusion from the members of garden partnership, summer-cottage cooperative upon the expiry of one year after the day of termination of membership in the garden partnership, summer-cottage cooperative;

under the confiscation of the land plot;

when the heirs have not observed the term established by part one of Article 52 of the present Code for the applying to the respective organization on state registration for the state registration of the transfer of the right of private ownership to the land plot transferred through inheritance.

Legislative acts may also envisage other cases of termination of the right of private ownership to a land plot.

The ruling of the court on compulsory seizure of the land plot for breach of the legislation on land use and protection with the exception of the cases specified in part five of the present Article is taken on the basis of the materials which testify that, after the receipt of a written prescription of the state body (official) which performs state control over land use and protection, the owner of the land plot has not taken measures for elimination, in the established term, of committed violations of the legislation on land use and protection.

If the citizen, within one year, or the non-state legal person of the Republic of Belarus, within six months after the day of receipt of the certificate (certification) on state registration of the creation of the land plot and of the origin of the right thereto, have not commenced occupation of the given land plot, the Minsk City Executive Committee, city (region-subordinated cities), district, rural, settlement executive committee in accordance with its competence shall submit an application for termination of the right of private ownership to the land plot to the court and decide the issue about its further usage after the issuance of the decision of the court on termination of such a right and state registration of termination of the right of private ownership to the land plot of the citizen, the right of private ownership to the land plot of non-state legal person of the Republic of Belarus.

Article 61. Cases when Forced Seizure of the Land Plot Allocated into the Ownership to a Foreign State, International Organization is Allowed

The land plot allocated into the ownership to a foreign state, international organization is subject to forced seizure in the cases when the similar land plot in the territory of the foreign state has been seized from the ownership of the Republic of Belarus or when it is specified by the respective treaty.

Article 62. Termination of the Right of Permanent Use and the Right of Lifetime Inheritable Possession of a Land Plot

The right of permanent use and the right of lifetime inheritable possession of a land plot are terminated in the case of voluntary refusal of the land plot, seizure of the and plot for the state needs, allocation of the land plot which is permanently used or lifetime heritably possessed in to the private property or lease, as well as in the cases specified in indents two-seven and nine of part two of Article 60 of the present Code. The right of permanent use and the right of lifetime inheritable possession of a land plot are also terminated in the case of executing by land user transactions specified in Article 48 of the present Code.

The right of permanent use of the land plot is also terminated in the case of liquidation of the legal person of the Republic of Belarus which is allocated the land plot or the right of lifetime inheritable possession of the land plot – in the case of recognition of inheritance to be escheated, as well as in the case of loss of citizenship of the Republic of Belarus.

The right of lifetime inheritable possession of the land plot is terminated while non-observing by the heirs of the term established by part two of Article 53 of the present Code for the appeal to the respective organization on state registration for the state registration of the transfer of the right of lifetime inheritable possession of the land plot transmitted through inheritance.

Legislative acts may also envisage other cases of termination of the right of permanent use and the right of lifetime inheritable possession of the land plot.

Article 63. Termination of the Right of Temporary Use of a Land Plot

The right of temporary use of a land plot is terminated:

in the case of voluntary refusal of the land plot;

while seizing land plot for the state needs;

upon the expiry of the term for which the land plot was allocated;

in the case of executing by the land user of transactions specified in Article 48 of the present Code;

in the cases specified in indents two-three, five and seven of part two of Article 60 of the present Code;

in the case of loss of citizenship of the Republic of Belarus;

in the case of liquidation of the legal person, death of the citizen to whom the land plot was allocated;

in other cases specified by the legislative acts.

Article 64. Termination of the Right of Lease (Sublease) of a Land Plot

The right of lease (sublease) of a land plot is terminated on the grounds and in the order specified by the civil legislation or by the lease contract. The right of lease (sublease) is also terminated in the case of seizure of land plot for the state needs, executing by lessee (sublessee) transactions specified in Article 48 of the present Code, as well as in the cases specified in indent three, five-seven and nine of part two of Article 60 of the present Code.

Legislative acts may also envisage other cases of termination of the right of lease (sublease) of the land plot.

Termination of the right of lease of the land plot entails termination of the right of sublease of that land plot, unless otherwise established by the lease contract.

Article 65. Termination of Restrictions (Encumbrances) of Rights to Land Plots Including Land Easement

In the case of lack of the grounds for the preservation of restrictions (encumbrances) of rights to land plots, these restrictions (encumbrances) are terminated by the decision of the state body which performs state regulation and administration in the sphere of land use and protection in accordance with its competence specified by the present Code and other acts of legislation or by the decision of the court.

The land easement is terminated:

upon the expiry of the term of validity of the land easement;

under the agreement between land user encumbered with the land easement of the land plot and the person in behalf of whom the land easement was established;

by a ruling of the court;

on other grounds specified by the legislative acts.

Article 66. Seizure of Land Plots

Seizure of land plots is carried out on the decision of the state body which performs state regulation and administration in the sphere of land use and protection in accordance with its competence specified by the present Code and other acts of legislation or on a ruling of the court.

In the case of the disagreement of land user with the decision on seizure of his/her land plot, that decision may be appealed against to the court by the land user.

The appeal against the decision on seizure of land plot suspends its execution.

Article 67. Order of Termination of the Right of Lifetime Inheritable Possession, Use of a land Plot, Lease of State-Owned Land Plot

Termination of the right of lifetime inheritable possession, use of land plot, lease of state-owned land plot on the grounds specified by the present Code is performed by the decision of the state body which carries out state regulation and administration in the sphere of land use and protection in accordance with its competence specified by the present Code and other acts of legislation which has taken the decision on allocation of land plot and in the cases when land plot was allocated by the decision of the Presidium of the Supreme Council of the Republic of Belarus till November 27, 1996, the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the regional executive committee –by the decision of the regional executive committee.

If the right to dissolve unilaterally the lease contract is not specified by the given contract it is dissolved by agreement of the parties of by the court.

The decisions on termination of the right of lifetime inheritable possession, use of land plot, lease of state-owned land plot, for breach of the legislation on land use and protection, condition of the lease contract of land plot with the exception of the case specified in part three of the present Article, are taken on the basis of the materials which evidence that, after the receipt of a written prescription of the state body (official) which performs state control over land use and protection, the land user has not taken measures for elimination, in the established term, of committed violations of the legislation on land use and protection and/or of conditions of lease contact of the land plot.

If the citizen, within on year, or individual entrepreneur, legal person, within six months after the day of receipt of the certificate (certification) on state registration of the creation of the land plot and of the origin of the right thereto, have not commenced occupation of the given land plot, the Minsk City Executive Committee, city (region-subordinated cities), district, rural, settlement executive committee in accordance with its competence shall direct, not later than one month after the day of expiry of specified term, to such a person the prescription on necessity to occupy the given land plot. The term specified in the prescription may not exceed one month. In the case if the person does not commence occupation of the land plot on the expiry of the term specified in the prescription, the specified state body shall:

take decision on termination of the right of lifetime inheritable possession, use of land plot which contains conditions of its further use and obligatory for execution prescription of the state registration organization to implement within the term of seven days (after the day of receipt by that organization of such a prescription) the state registration of the right of citizen, individual entrepreneur to the land plot being in the use or lifetime inheritable possession of such persons, as well as decide the issue about further usage of that land plot;

take decision on dissolution of the contract of lease of the land plot which contains conditions of its further use and obligatory for execution prescription of the state registration organization to implement within the term of seven days (after the day of receipt by that organization of such a prescription) the state registration of termination of the right of lease of the land plot of the citizen, individual entrepreneur, legal person if the right to dissolve unilaterally the lease contract is not specified by the given contract, as well as decide the issue about further usage of that land plot or submit to the court an application for dissolution of the lease contract of the land plot and decide the issue about its further usage after the issuance of the decision of the court on dissolution of such a contract and state registration of termination of the right of lease of the land plot of those persons.

While terminating the right of lifetime inheritable possession, use of the land plot, lease of the state-owned land plot, the Minsk City Executive Committee, city (region-subordinated cities), district, rural, settlement executive committee or the court shall take the decision on compensation by the land user of the damages inflicted as a result of his/her breaching the legislation on land use and protection and/or conditions of lease contract of the land plot.

Determination of the extent of damages inflicted by the land users as a result of their breaching the legislation on land use and protection and/or conditions of lease contract of the land plot is performed by the organizations according to the list and in the order established by the Council of Ministers of the Republic of Belarus.

Article 68. Consequences of Non-Fulfillment of the Condition about the Necessity of the State Registration of a Land Plot, the Rights, Restrictions (Encumbrances) of Rights Thereto

Unless otherwise established by the President of the Republic of Belarus, when, within two months after the day of taking the decision on allocation of a land plot, the citizen, individual entrepreneur, legal person do not fulfill the requirements on implementation within that period of the state registration of the land plot, rights, restrictions (encumbrances) of rights thereto specified in the given decision, the decision on allocation of the land plot may be cancelled by the state body which performs regulation and administration in the sphere of land use and protection in accordance with its competence specified by the present Code and other acts of legislation, which has taken that decision, or in the cases when the land plot was allocated by the decision of the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the regional executive committee, as well as till November 27, 1996 – of the Presidium of the Supreme Council of the Republic of Belarus – by the decision of the district executive committee. The specified term may be prolonged by the respective body not more than for two months if the citizen had the reasonable excuse which impeded him/her to apply for the state registration of the land plot, the rights, restrictions (encumbrances) of rights thereto (disease, absence in the Republic of Belarus or another reasonable excuse).

The decision on allocation of the land plot shall be cancelled on the basis of the materials evidencing that after the receipt of the written prescription of the state body (official) which performs state control over land use and protection, the person to whom the land plot was allocated, has not fulfilled at the established term the condition specified in part one of the present Article.

Article 69. Rights of Land Users

Land users in accordance with the purposes and conditions of allotment of land plots have the right:

to implement land utilization independently;

of ownership to crops, planting agricultural crops and wood-shrub vegetation (plantations) or plantations of herbaceous perennial plants, to manufactured agricultural produce and incomes from its realization;

to use, in the order established by the legislation, for the purposes not connected with derivation of income, existing on the land plot water objects, widespread minerals including peat, as well as useful properties of lands;

to erect, in the order established by the legislation, dwelling, industrial, cultural domestic and other capital structures (buildings, constructions);

to perform, in the order established by the legislation, ameliorative measures, to allocate water objects;

to compensate damages inflicted by seizure or temporary occupation of land plots, demolition of the objects of immovable property located on them, as well as by restriction (encumbrance) of the rights to land plots including establishment of the land easement;

to refuse voluntarily from the land plot;

to demand establishment or termination of a land easement.

Owners of land plots, beside the rights specified in part one of the present Article, have the right to compensation for them of the value of the land plots to be seized for the state needs, to execute transactions with land plots (sale, exchange, donation, lease, mortgage) and transfer land plots through inheritance to citizens.

Lessees of the land plots who have properly executed their duties according to the lease contract of the land plot, beside the rights specified in part one of the present Article upon the expiry of the term of such a contract, have a preemptive right before other persons, other things being equal, to conclude lease contract of the land plot for the new term.

Lessees of the land plots for the right to conclude lease contract of which the payment was collected, are entitled, unless otherwise established by the legislative acts:

to allocate leased land plot into sublease within the term of the lease contract;

to transfer their rights and duties according to the lease contract of the land plot to other person;

to use the right of lease of the land plot as a subject of the pledge and deposit in the constituent fund of the economic partnerships and associations within the term of the lease contract.

Possessors, users of the land plots have a primary right before other persons, other things being equal, to acquire, in the established by the legislation on land use and protection order, the land plots to be used by them into the private ownership with the exception of the land plots specified in Article 13 of the present Code or to obtain it into the lease.

Lessees of the land plots with the exception of the foreign citizens, stateless persons, foreign legal persons and its representations, that properly execute conditions of lease contract of the land plot, have a preemptive right before other persons, other things being equal, to acquire, in the order established by the legislation on land use and protection, the land plots to be used by them into the private ownership with the exception of the land plots specified in Article 13 of the present Code.

Sublessees of the land plots who properly executed conditions of the sublease contract of the land plot have the right in the case of premature termination of the sublease contract of the land plot to conclude the lease contract of that land plot for the remaining period of sublease on the terms which correspond to the conditions of terminated lease contract.

On the land plots allocated into temporary use for the gardening with the aim to grow vegetables, potatoes, berry and other agricultural crops, the land users may, in the case of necessity, erect, with regard to the conditions of allotment of land plots, temporary constructions of individual or common use for the storage of the garden inventory and other economic purposes.

Land users of indivisible land plot on which capital structures (building, constructions) being in their common shared ownership are located exercise rights specified by the present Article in proportion to their shares in the right of ownership to the capital structures (building, constructions).

Land users have also other rights specified by the legislation.

Article 70. Duties of Land Users

Land users are obliged to:

use land plots, as well as structures located thereon in accordance with their intended purpose and conditions of allotment of the land plots;

implement measures on protection of lands specified by part one of Article 89 of the present Code;

bring in timely the payment for use of the land plots;

carry out improvement of the land plots;

observe terms of occupation of the land plots established in accordance with the present Code and other legislative acts, including construction on them capital structures (buildings, constructions), as well as other conditions of allotment of land plots;

not to breach rights of other land users;

give back the land plots allocated to them into temporary use or lease upon the expiry of the term for which they were allocated or apply timely for its prolongation;

observe established restrictions (encumbrances) of the rights to the land plot including conditions of the land easement.

Owners of the land plots, while executing transactions with the land plot, lessees of the land plots, while granting leased land plot into sublease, transferring their rights and duties according to lease contract of the land plot to other persons, using the right of lease of the land plot as a subject of the pledge, contribution to the statutory fund of economic partnerships and companies are obliged to submit to the interested persons the existing information about established restrictions (encumbrances) of the rights to the land plot, including land easements.

Owners of the land plots, in the case of loss of the citizenship of the Republic of Belarus with the exception of the cases of inheritance of the land plot, are obliged to perform allotment of the land plot within one year after the day of loss of the citizenship of the Republic of Belarus.

Lessees of state-owned land plots for the right to conclude lease contract of which the payment was not collected in accordance with part eleven of Article 31 of the present Code, prior to executing transactions on granting leased land plot into sublease, transferring by lessees their rights and duties according to the lease contract of the land plot to other persons, using the right of lease of the land plot as a subject of the pledge, contribution to the statutory fund of the economic partnerships and companies in the order established by the legislative acts, are obliged to purchase the land plot into private ownership or bring in the payment for the right to conclude the lease contract of the land plot.

Members of the gardening partnerships, summer-cottage cooperatives are obliged in the case of dropout or exclusion from the members of garden partnership, summer-cottage cooperative to perform alienation of the land plot within one year after the day of termination of membership in the garden partnership, summer-cottage cooperative in accordance with requirements of part three of Article 51 of the present Code.

Land users of the land plots, towards the moment of termination of the right of temporary use of the land plot allocated for gardening, construction (installation) of temporary individual garage for storing transport means, are obliged to demolish on own account temporary structures erected thereon.

On the lands of the stock and lands of common use, duties of the land users specified by the present Article are performed respectively by the Minsk City Executive Committee, city (region-subordinated cities), district, rural, settlement executive committees or legal persons authorized by them.

In the case of alienation of the capital structures (buildings, constructions), including those being part of enterprises as the property complexes, land users are obliged to apply in the order established by the legislation for the implementation of registration actions in relation to respective land plots which are necessary for maintenance of those capital structures, unless otherwise established by the President of the Republic of Belarus.

Land users of an indivisible land plot on which capital structures (building, constructions) being in their common shared ownership are located, fulfill duties specified by the present Article in proportion to their shares in the right of ownership to those capital structures (buildings, constructions).

Land users fulfill also other duties specified by legislative acts.

Article 71. Protection of Rights of Land Users

Violated rights of land users are subject to restoration in accordance with the present Code and other acts of legislation.

(The first sentence of part two is not given as non-entered into force)*

Disputes related to compensation of damages are settled by the court.

Decisions of the state bodies which perform state regulation and administration in the sphere f land use and protection in accordance with its competence specified by the present Code and other acts of legislation, of the officials performing state control over land use and protection in accordance with their competence specified by acts of legislation, including decisions on refusal of allocation of land plots, as well as other actions (omissions) of those bodies, officials may be appealed against in the superior state bodies, superior official and/or to the court.

Article 72. Return of Willfully Occupied Land Plot

A willfully occupation of the land plot means using the land plot without a document which certifies the right thereto with the exception of the cases of use by the citizens of land plots allocated to them prior to January 1, 1999 for the construction and/or maintenance of the dwelling house, maintenance of the apartment in a blocked dwelling house, registered by the organization on state registration, keeping personal subsidiary husbandry, keeping collective gardening, summer-cottage construction and exploitation of the individual garage for storing transport means, the data about which have been introduced in the land-cadastral documentation, and the case specified by part one of Article 44 of the present Code, as well as of other cases of use of the land plots by citizens, individual entrepreneurs, legal persons, specified by the decisions of the state bodies which perform state regulation and administration in the sphere of land use and protection in accordance with its competence specified by the present Code and other acts of legislation or by a ruling of the court.

A willfully occupied land plot is to be returned according to its belonging without compensation to the person of costs made by him/her during the illegal use. Bringing the land plot into condition suitable for use, including demolition of structures erected thereon, is performed at the expense of the person who has willfully occupied the land plot.

The return of the willfully occupied land plot is performed on the basis of the decision of the Minsk City Executive Committee, city (region-subordinated cities), district, rural, settlement executive committee, taken in accordance with its competence and upon the presentation of the respective territorial body of the State Committee on Property of the Republic of Belarus, within the term specified in that decision, or on a ruling of the court.

Article 73. Guarantees to be Granted to Land Users while Seizing their Land Plots for State Needs

While seizing land plots for state needs, the damages shall be compensated to land users in accordance with Article 75 of the present Code, as well as the buy-out of the land plots being in the private ownership is to be carried out. Besides the redemption of damages to land users by the state bodies which perform state regulation and administration in the sphere of land use and protection in accordance with its competence, depending on local conditions and peculiarities (including those conditioned by the urban planning projects, general plans of towns and other settlements, urban planning projects of detailed planning approved in accordance with the legislation) and will of land users, the land plots of equal value may be allocated.

The buy-out of the land plot for the state needs is performed according to its cadastral value at the moment of redemption in the order established by the Council of Ministers of the Republic of Belarus, unless otherwise established by President of the Republic of Belarus.

Article 74. Guarantees to Be Granted to Land Users while Changing Boundaries of Administrative-Territorial Units

The change of the boundaries of administrative-territorial units does not entail termination of the rights, change of the type of rights in rem to the land plots which had been granted earlier to land users and is not a ground for changing dimensions of the land plots to which the documents that certify the right to land plots was issued.

Article 75. Compensation to Land Users of Damages Inflicted by Seizure or Temporary Occupation of Land Plots, Demolition of Objects of Immovable Property Located on them, Restriction (Encumbrance) of the Rights to Land Plots including Establishment of Land Easements

Damages inflicted by seizure or temporary occupation of land plots, demolition of objects of immovable property, restriction (encumbrance) of the rights to land plots including establishment of land easements are subject to compensation to the land users which suffered those damages. Determination of measures of the damages inflicted to the land users is performed by the organizations according by the list and in the order established by the Council of Ministers of the Republic of Belarus. Compensation of the damages is performed by the persons to which land plots to be seized are allocated or it is allowed, without seizure of land plots, the construction (reconstruction, capital renovation) of underground line structures to be carried out within the borders of the protective areas (controlled strips) of those structures in the period of up to one and a half year without felling wood-shrub vegetation (plantations), as well as by person the activity if which entails restrictions (encumbrances) of the rights to the land plots including establishment of land easements in the order established by the Council of Ministers of the Republic of Belarus.

Article 76. Compensation of Losses of Agricultural and/or Forestry Production

Losses of agricultural and/or forestry production connected with seizure of land plots from agricultural lands, lands of the forest fund for using them for the purposes not connected with keeping agricultural and/or forest husbandry, as well as those connected, without seizure of land plots, with the construction (reconstruction, capital renovation) of underground line structures to be carried out within the borders of the protective areas (controlled strips) of those structures in the period of up to one and a half year without felling wood-shrub vegetation (plantations), are compensated, unless otherwise established by the President of the Republic of Belarus, into the revenue of the republican budget.

Losses of agricultural and/or forestry production are compensated regardless of compensation of damages specified by Article 75 of the present Code.

Losses of agricultural and/or forestry production are compensated by the persons to whom land plots to be seized are allocated from the lands specified in part one o the present Article or the construction (reconstruction, capital renovation) of the line structures is to be allowed.

Funds received from compensation of damages of agricultural and/or forestry production are used for mastering lands not used in agriculture, preservation and improvement of soils` fertility and other useful properties of lands, for the land management and fitting out land management and geodetic service on the State Committee on Property of the Republic of Belarus, as well as for implementing package of measures aimed at guarding, protection and reproduction of forests.

The order of determination of the extent of losses of agricultural and/or forestry production and its compensation is established by the Council of Ministers of the Republic of Belarus.

Article 77. Objects of Land Management

Objects of land management are lands of the Republic of Belarus, land contours, as well as land plots.

Article 78. Content and Order of Performing Land Management

Land management includes:

working out of projects of regional schemes of use and protection of land resources, schemes of land management of administrative-territorial units, territories of special state regulation;

working out of projects of inter-economical land management including projects of allotment of land plots, drawing up technical documentation and establishment (restoration) on the terrain of boundaries of objects of land management;

working out of projects of intra-economical land management of agricultural organizations including peasant’s (farmer’s) households, projects of organization and arrangement of the territories of settlements, garden partnerships, summer-cottage cooperatives, specially protected nature territories and other territorial units;

working out of work projects on recultivation of lands, land contours, protection from soil erosion and other harmful impacts, preservation and improvement of soil fertility and other useful properties of lands, as well as of other projects connected with protection and improvement of lands;

inventory of lands, systematic detection of lands not being used or used not according to its intended purpose;

implementation of geodetic and cartographic works, soil, geobotanical and other inspections and surveys to be carried out for the purposes of land management, making cadastral and other thematic maps (plans) and atlases of condition and use of land resources;

author’s supervision of the implementation of schemes and projects of land management;

implementation of land management measures while performing monitoring of lands, keeping state land cadastre, including while performing cadastral value of lands, land plots, performing state control over land use and protection;

fulfillment of research and experimental development works, as well as working out and modernization of hardware complex (software) necessary for implementation of land management measures;

preparation of land management materials on land disputes settlement.

The order of performing land management is established by the State Committee on Property of the Republic of Belarus.

Article 79. Organization of Land Management

Organization of land management is carried out by the State Committee on Property of the Republic of Belarus.

Information support and automation of land management are carried out by means of land-informational system in order established by the State Committee on Property of the Republic of Belarus.

Land management measures aimed at implementation of the single state policy in the sphere of land use and protection and having common state significance, including creation and keeping land-informational system, are carried out at the expense of the funds of the republican budget.

Article 80. Performance of Land Management Measures

Land management measures are performed in the case of:

changing boundaries of objects of land management, as well as absence of data about those boundaries;

forming land plots;

seizure and allocation of land plots;

changing intended purpose of the land plot;

transferring land form one category into another;

transferring land form one type into another;

establishment of restrictions (encumbrances) of the rights to land plots including land easements;

detection of disturbed, non-used, ineffectively used lands or lands used not according to its intended purpose;

formation of lands reallocation fund

Article 81. Inventory of Lands

Inventory of lands is performed on the basis of the decisions of state bodies which carry out state regulation and administration in the sphere of land use and protection in accordance with its competence specified by the present Code and other acts of legislation for the specification and establishment of location of non-fixed boundaries of lands plots, its dimensions, rights to land plots, restrictions (encumbrances) of the rights to land plots, detection of disturbed, non-used, ineffectively used lands or lands used not according to its intended purpose, as well as for specification of other data about condition of lands, to be reflected in the State Land Cadastre.

Article 82. Land Management Documentation

Land management documentation includes:

regional schemes of use and protection of land resources;

schemes of land management of administrative-territorial and territorial units, territories of special state regulation;

projects of inter-economical land management;

projects of intra-economical land management;

working projects of recultivation of lands, land contours, protection from soil erosion and other harmful impacts, preservation and improvement of soil fertility and other useful properties of lands;

geodetic and cartographic materials and data, materials of soil, geobotanical and other inspections and surveys to be carried out for the purposes of land management;

plans of land plots;

materials of cadastral evaluation of lands, land plots;

decisions (its copies and extractions from it) on seizure and allocation of land plots, on establishment of restrictions (encumbrances) of the rights to land plots including land easements;

copies of the contract of lease (sublease) of land plots, contracts on establishment of land easements;

decisions (its copies and extractions from it) and other materials o land disputes;

copies of the documents which certify right to land plots;

another land management documentation specified by the legislation on land use and protection.

The land management documentation is being worked out according to each object of land management and type of land management measures and is formed into the land management file.

The content, order of keeping and storing of land management documentation are established by the State Committee on Property of the Republic of Belarus.

Article 83. Monitoring of Lands

Monitoring of lands is a type of environmental monitoring.

The object of monitoring of lands is lands of the Republic of Belarus.

Organization of monitoring of lands is carried out by the State Committee on Property of the Republic of Belarus at the expense of the funds of the republican budget.

The order of performing monitoring of lands and use of its data is established by the Council of Ministers of the Republic of Belarus.

Article 84. Content and Keeping State Land Cadastre

The State Land Cadastre consists of:

the Single Register of Administrative-Territorial and Territorial Units of the Republic of Belarus;

the Single State Register of Immovable Property, Rights Thereto and Transactions Therewith;

the Register of Prices to Land Plots;

the Register of Value of Land Plots;

the Register of Land Resources of the Republic of Belarus.

The Single Register of Administrative-Territorial and Territorial Units of the Republic of Belarus contains data about names, dimensions and boundaries of administrative territorial and territorial units, its administrative centers.

The Single State Register of Immovable Property, Rights Thereto and Transactions Therewith contains data and documents in relation to registered land plots and objects of immovable property located thereon, including the data about location of land plots, its dimensions boundaries, intended purpose, rights to those plots, about restrictions (encumbrances) of rights to land plots including land easements, as well as the data on transactions therewith. The keeping of the Single State Register of Immovable Property, Rights Thereto and Transactions Therewith is carried out in the order established by the legislation on state registration of immovable property, rights thereto and transaction therewith.

The Register of Prices to Land Plots contains data about prices to land plots and objects of immovable property located on those plots, fixed at the moment of execution transactions with those plots and objects of immovable property.

The Register of Value of Land Plots contains data about the cadastral value of land plots, obtained while performing its cadastral valuation.

The Register of Land Resources of the Republic of Belarus contains data about allocation of lands according to categories, types and land users, composition, structure, condition, quality and economical use of lands, other data about lands.

The keeping of the Single Register of Administrative-Territorial and Territorial Units of the Republic of Belarus, the Register of Prices to Land Plots, the Register of Value of Land Plots, the Register of Land Resources of the Republic of Belarus is implemented in the order established by the State committee on Property of the Republic of Belarus.

The data of the State Land Cadastre may be compiled, stored and used in hard-copy forms and/or in machine forms.

The keeping of the State Land Cadastre is ensured by performing geodetic and cartographic works, soil, geobotanical and other inspections and surveys, inventory and cadastral valuation of lands, land plots, other land management measures, as well as by the carrying out of the state registration of immovable property, rights, restrictions (encumbrances) of the rights thereto and transactions therewith.

The keeping of the State Land Cadastre is carried out by the State Committee on Property of the Republic of Belarus at the expense of the funds of the republican and local budgets. The keeping of the single State Register of Immovable Property, Rights Thereto and Transactions Therewith is carried out at the expense of other sources in accordance with the legislation.

Article 85. Land-Cadastral Documentation

The land cadastral documentation includes:

registration books;

registration files;

cadastral maps;

journals of registration of the applications;

data bases of registers (rolls) of the State Land Cadastre;

catalogues of geodetic coordinates of turning points f land plots` boundaries;

statistical reports;

analytical reviews;

other documents, which contain data about condition and use of lands, land plots.

The content, order of keeping and storing land-cadastral documentation are established by the State Committee on Property of the Republic of Belarus.

Article 86. Data of the State Land Cadastre

The data of the State Land Cadastre have an open character, with the exception of the data referred by the legislation to the state secrets and information the dissemination of which is restricted with a view to protect rights and legally protected interests of citizens.

Exhaustive lists of the documents which are necessary for the receipt by citizens of the data of the State Land Cadastre are determined by laws, normative legal acts of the President of the Republic of Belarus and the Council of Ministers of the Republic of Belarus, unless otherwise established by the President of the Republic of Belarus.

Lists of the documents which are necessary for the receipt by legal persons, individual entrepreneurs of the data of the State Land Cadastre are determined by the Council of Ministers of the Republic of Belarus.

Forms of the documents which the citizen, individual entrepreneur, legal person needs to submit for the receipt of the data of the State Land Cadastre and the rules of its completion are approved by the State Committee on Property of the Republic of Belarus.

Lists of the documents which are necessary to submit for the receipt of the data of the State Land Cadastre, as well as forms and rules of its completion are posted up on the premises of organizations of the State Committee on Property of the Republic of Belarus.

The data of the State Land Cadastre are submitted in the forms of extractions from the State Land Cadastre, copies of the land-cadastral documentation and in other forms specified by the legislation, for a fee or free of charge. The data of the State Land Cadastre are to be submitted free of charge in the cases specified by legislative acts.

Forms of the documents which contain data of the State Land Cadastre and the rules of accounting of the data received are approved by the State Committee on Property of the Republic of Belarus.

Article 87. Introduction of Alterations into the Documents of the State Land Cadastre

Introduction of alterations into the documents of the State Land Cadastre is carried out on the basis of:

the application of the land user, other interested persons or the data of state bodies, other sate organizations, as well as on initiative of the specialists of the State Committee on Property of the Republic of Belarus who are authorized to carry out the keeping of the State Land Cadastre;

the court ruling – while introducing alterations connected with an error of non-technical character;

the joint application of all interested persons in the case if the ground to suppose that correction of the error of non-technical character may cause harm or breach the rights and legal interests of land users or third parties which were relied on respective records, is lacked - while introducing alterations connected with an error of non-technical character;

the application of land user of respective data from the state bodies, other state organizations – while introducing alterations connected with changing identification data on land users, designation of settlements and streets, numbering buildings and etc.

On introducing the alterations, the respective land users, as well as other interested persons are informed by the specialists of the State Committee on Property of the Republic of Belarus who are authorized to carry out the keeping of the State Land Cadastre in a written form.

The introduction of alterations into the documents of the State Land Cadastre and issuance of the respective notifications or the motivated refusal to introduce alterations, are carried out within three working days after the day of submission of application, as well as the document which certify bringing the payment for drawing up and issuance of the notification with the exception of the cases specified by indent three of part one and part four of the present Article, and/or receipt of the documents specified in part one of the present Article. In the case of necessity of inquiry of the data and/or documents from other state bodies, other state organizations, that term may be prolonged up to one month unless other term established by legislative acts and decisions of the Council of Ministers of the Republic of Belarus.

Introduction of alterations into the documents of the State Land Cadastre, in connection with the correction of errors done by the specialists of the State Committee on Property of the Republic of Belarus who are authorized to carry out the keeping of the State Land Cadastre, is performed free of charge.

Article 88. Cadastral Valuation of Lands, Land Plots

Cadastral valuation of lands, land plots is performed by the State Committee on Property of the Republic of Belarus in the order established by the legislation

The results of the cadastral valuation of lands, land plots are approved by the Minsk City Executive Committee, city (region-subordinated cities), district executive committee in accordance with its competence on seizure and allocation of land plots.

Article 89. Protection of Lands

Land users must implement within the borders of land plots allocated to them, the following measures on protection of lands:

improve and effectively use land, land plots;

preserve fertility of soils and other useful properties of lands, land plots;

protect lands from water and wind erosion, underflooding, waterlogging, salinization, siccation, paddling, pollution by waste products, chemical and radioactive substances, other harmful impacts;

prevent the overgrowing of agricultural lands by wood-shrub vegetation (plantations) and weeds;

preserve peat-bog soils while using agricultural lands, prevent processes of salinity peats;

perform conservation of degraded lands if it is impossible to restore its initial condition;

restore degraded lands including recultivation of disturbed lands;

skim, preserve and use fertile layer of lands while performing works connected with mining minerals and construction.

Measures on protection of lands shall be included:

into the regional schemes of use and protection of land resources, schemes of land management of administrative-territorial units, territories of special state regulation, projects of intraeconomical and intereconomical land management and other land management documentation;

into the project documentation on placing, construction, reconstruction, exploitation, conservation and demolition of the objects of industry, transport, communications, defense, municipal, forest, water and agricultural husbandry, as well as other objects which affect land;

into the project documentation on amelioration of lands;

into the technical normative legal acts which establish technical requirements for technological processes which are directly connected with use of lands in economical and other activities.

Legal persons and individual entrepreneurs, economical and other activities of which is directly connected with use of lands or harmful impact to them, implement measures on protection of lands in accordance with their approved plans agreed with territorial bodies of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and the State Committee on Property of the Republic of Belarus. Plans on protection of lands must contain the data about guaranteed volumes and sources of financing of measures on protection of lands.

Financing of measures on protection of lands is performed at the expense of own funds of land users, funds of the republican and local budgets to be directed to those purposes in accordance with the legislation, as well as other sources not forbidden by the legislation.

For the valuation of the condition of lands, the standards of maximum allowable concentrations of chemical and other substances in the soil.

Peculiarities of protection of lands of separate categories and types of lands are determined in accordance with the legislation.

Article 90. Performance of the State Control over Land Use and Protection

State control over land use and protection is performed for the purposes of observation by all citizens, individual entrepreneurs and legal persons of the established order of using lands, land plots, as well as other rules and norms specified by the legislation on land use and protection.

State control over land use and protection is performed by the State Committee on Property of the Republic of Belarus, the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and its territorial bodies, other state bodies, officials in accordance with the present Code and other acts of legislation.

The order of performance of the state control over land use and protection is established by the council of Ministers of the Republic of Belarus.

Article 91. Powers of the Officials Performing State Control Land Use and Protection

Officials performing state control over land use and protection in accordance with their competence have the right:

to visit without obstacles land plots at the presentation of the service card and get acquainted with the land management documentation and other documents which are necessary for performing state control over land use and protection;

to get from land users explanations according to facts of breaching the legislation on land use and protection;

to submit in the established order proposals on suspension of carrying out survey works, construction works, ameliorative measures and other works to be carried out without documents which certify rights to the respective land plots or with other breaches of the legislation on land use and protection, on establishment of restrictions (encumbrances) of the rights to lands plots including lands easements, on termination of the rights to land plots on the grounds specified by the present Code;

to draw up inspection certificates, protocols on administrative offences by the results of the inspection of observation by lands users of the legislation on land use and protection, to issue obligatory for the fulfillment prescriptions on elimination of committed violations of the legislation on land use and protection;

to submit in the established order materials on inspections performed, other documents to the respective state bodies, as well as to other legal persons for deciding the issue on bringing to the responsibility of the persons who have breached the legislation on land use and protection;

to carry out other powers specified by the legislation.

Actions (omissions) of the officials performing state control over land use and protection may be appealed against to the superior body, to the superior official of that body and/or to the court.

Article 92. State Bodies which Settle Land Disputes

Lands disputes, with the exception of the disputes specified by part two of the present Article, are settled by the regional, Minsk City Executive Committee, city (region-subordinated city), district, rural, settlement executive committee in accordance with its competence and/or in court.

Land disputes connected with the right of private ownership to land plots, with the inheritance of land plots, disputes between persons who have capital structures (buildings, constructions) which are commonly owned, and disputes connected with compensation of damages, are settled in court.

Article 93. Order of Consideration of Land Disputes by the Regional, Minsk City Executive Committee, City (Region-subordinated cities), District, Rural, Settlement Executive Committees

Land disputes are considered by the regional, Minsk City Executive Committee, city (region-subordinated cities), district, rural, settlement executive committees upon the application of one of the interested parties.

The land dispute is considered in the presence of interested parties (their representatives), as well as of the persons in behalf of which the restrictions (encumbrances) of the rights to the land plot including land easement are established and other interested persons. Interested parties and persons must be informed of the time and place of consideration of the land dispute not later than three days prior to its consideration.

The land dispute must be considered not later than one month after the day of receipt of the application, and the dispute which does not require an additional scrutiny and inspection – not later than fifteen days. In the case of necessity of a special inspection, inquiry of additional materials, the regional, Minsk City Executive Committee, city (region-subordinated city), district, rural, settlement executive committee which received the application may prolong the specified term but not more than for one month, having simultaneously informed the applicant about that.

In the case of failure to appear of one of the parties if it has not submitted the application on consideration of the land dispute in its absence, the consideration of the land dispute is deferred and the running of the term of its consideration is suspended. Party’s failure to appear without reasonable excuses after the repeated call is not an obstacle to consider the land dispute.

Materials necessary for consideration of the land dispute are prepared by the regional, Minsk City Executive Committee, city (region-subordinated city), district, rural, settlement executive committee, as well as territorial body of the State Committee on Property of the Republic of Belarus.

For the preparation of the materials on consideration of the land dispute, the regional, Minsk City Executive Committee, city (region-subordinated city), district, rural, settlement executive committee may form a commission in the order established by the Council of Ministers of the Republic of Belarus.

The regional, Minsk City Executive Committee, city (region-subordinated city), district, rural, settlement executive committee which considers the land dispute shall take the decision which envisages the order of its execution and measures on ensuring restoration of violated rights of land users, that not later than five working days is directed to each party participating in the land dispute.

Article 94. Rights of Parties Participating in the Land Dispute to Be Considered by the Regional, Minsk City Executive Committee, City (Region-subordinated city), District, Rural, Settlement Executive Committee

Each of the parties participating in the land dispute being considered by the respective regional, Minsk City Executive Committee, city (region-subordinated city), district, rural, settlement executive committee, has the right to get acquainted with materials according to the subject of the land dispute, to make extractions from them or duplicate, to submit documents and other evidences, to present petition, to give verbal or written explanations, to protest against petitions and arguments of another party, to receive copy of the decision on a land dispute and appeal it against to the supreme executive committee or to the court within one month after the day of receipt the copy o the decision on the land dispute.

The appeal against a decision on the land dispute suspends its execution.

Article 95. Execution of the Decision on the Land Dispute Considered by the Regional, Minsk City Executive Committee, City (Region-subordinated city), District, Rural, Settlement Executive Committee

Execution of the decision on the land dispute considered by the respective regional, City Executive Committee, city (region-subordinated city), district, rural, settlement executive committee is ensured by the respective executive committee, territorial body of the State Committee on Property of the Republic of Belarus or other state bodies in accordance with its competence.

Article 96. Liability for Violation of the Legislation on Land Use and Protection

Persons which have violated the legislation on land use and protection bear liability established by the legislative acts.

Article 97. [Not given]

Article 98. Transition Provisions

Prior to bringing the legislation in conformity with the present Code, it is applied in the part which does not contradict the present Code, unless otherwise established by the Constitution of the Republic of Belarus.

The effect of the Article 44 of the present Code covers the land relations arisen prior to the entry into force of the present Code and continuing after its entry into force.

For land relations which have arisen prior to the entry into force of the present Code, the Code is applied to those rights and duties which will arise after its entry into force.

Article 99. Bringing Acts of the Legislation of the Republic of Belarus in Conformity with the Present Code

The Council of Ministers of the Republic of Belarus till January 1, 2009, shall:

prepare and submit in the established order proposals about bringing the legislative acts of the Republic of Belarus in conformity with the present Code;

bring the decisions of the Government of the Republic of Belarus in conformity with the present Code;

ensure bringing normative legal acts of the republican bodies of state administration subordinated to the Government of the Republic of Belarus, in conformity with the present Code;

take other measures necessary for implementation of provisions of the present Code.

Article 100. Entry into Force of the Present Code

The present Code enters into force from January 1, 2009, with the exception of the present Article and Article 99, which enter into force from the date of the official publication of the present Code.

President of the Republic of Belarus A. Lukashenko

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*The first sentence of part two of Article 71 of the Code of the Republic of Belarus on Land has not entered into force in accordance with part eight of Article 100 of the Constitution of the Republic of Belarus