PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of January 28, 2008 No. 50

About measures for streamlining of activities of gardening partnerships

For the purpose of enhancement of legal regulation of activities of gardening partnerships and providing the rights of citizens I decide:

1. Approve the enclosed Regulations on gardening partnership.

2. Determine that:

2.1. excluded

2.2. the payment for opening and servicing of the current (settlement) bank accounts of gardening partnerships by banks is levied in the amount of, provided for physical persons;

2.3. gardening partnerships:

record the income and expenses according to the procedure, established by the Ministry of Taxes and Tax Collection and the Ministry of Finance;

claim according to the legislation of the scheme of the address with the waste which is formed in gardening partnerships;

sign service provision agreements on removal of this waste with the legal entities or individual entrepreneurs rendering such services;

notify local executive and administrative organ, in the territory of which they are located, about election (release from post) of the chairman of the board of gardening partnership in ten-day time from the date of the conclusion (termination, the termination), of the terminal employment contract (contract) with the electee (relieved of the post) by the chairman of the board of gardening partnership;

2.4. acceptance in property of the Republic of Belarus of the gardening partnerships and high-voltage power networks (air and cable power lines of 10 kilovolts and transformer substations of 0,4/10 of kilovolts) donated according to their charters which are in property, operation (use) of which is begun till May 8, 2003 and which normative useful life did not expire, is performed according to the solution of the Department of Energy in their actual state with installation condition gardening partnerships of the portable distributing devices tension of 0,4 of kilovolt equipped with means of settlement accounting of electrical energy;

2.5. state registration of creation gratuitously of the high-voltage power networks transferred by gardening partnerships to the possession of the Republic of Belarus specified in subitem 2.4 of this Item, and emergence of the rights of the power supplying organizations them is performed according to statements of these organizations based on technical data sheets, decisions of local executive and administrative organs on possibility of operation of data of networks to destination and acts of their acceptance transfer.

3. The gardening partnerships and other organizations created for conducting collective gardening before entry into force of this Decree shall within year from the date of entry into force of this Decree bring the charters into accord with this Decree and submit documents for state registration of the changes and (or) additions made to their charters, to registering bodies and also to perform the actions provided in paragraphs four and the fifth subitem 2.3 of Item 2 of this Decree and to fulfill other requirements according to this Decree.

In case of failure to meet requirements, determined in part one of this Item, perpetrators are subject to administrative prosecution according to the procedure, established by legal acts.

4. Citizens to whom before entry into force of this Decree the parcels of land for conducting collective gardening were provided and also citizens who acquired such parcels of land according to purchase and sale agreements, donations and other method which is not contradicting the legislation, the rights to these parcels of land which did not register in accordance with the established procedure, shall address to the relevant organization for state registration of real estate, the rights to it and transactions with it for state registration of the rights to the parcels of land.

In case of identification of the parcels of land provided to citizens for conducting collective gardening and not registered in accordance with the established procedure, local executive and administrative organs in the territory of which these parcels of land are located send to citizens of the instruction about need to file in these executive and administrative organs petition for issue of right certifying documents on them in a month from the date of receipt of such instruction. Failure to meet requirements, the specified instructions containing in, is the basis for seizure of land according to the legislation on protection and use of lands.

5. Collection by gardening partnership of debt on fees and penalty fee is made in indisputable procedure based on executive texts of the notaries or other officials having the right to make such notarial action.

6. Control of activities of gardening partnerships, rendering legal assistance to them perform local executive and administrative organs in the territory of which gardening partnerships, and other state bodies are located according to the competence.

7. Ceased to be valid

8. To Council of Ministers of the Republic of Belarus:

8.1. provide acceptance in property of the Republic of Belarus of the high-voltage power networks donated by gardening partnerships;

8.2. in six-months time to provide:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info