PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of June 5, 2013 No. 258

About entering of amendments and changes into the Presidential decree of the Republic of Belarus of December 27, 2007 No. 667

For the purpose of enhancement of procedure for withdrawal and provision of the parcels of land I decide:

1. Bring in the Presidential decree of the Republic of Belarus of December 27, 2007 No. 667 "About withdrawal and provision of the parcels of land" (The national register of legal acts of the Republic of Belarus, 2008, No. 6, 1/9264; 2009, No. 41, 1/10450; No. 146, 1/10770; No. 201, 1/10937; No. 302, 1/11207; 1/11209; 2011, No. 61, 1/12567; No. 109, 1/12955; No. 128, 1/13071; 2012, No. 49, 1/13474) following amendments and changes:

1.1. in Item 1:

third subitem 1.2 parts one after the word of "service" to add the paragraph with the words "and transport and engineering infrastructure to them";

state subitem 1.3 in the following edition:

"1.3. withdrawal and (or) provision of the parcels of land are performed for:

placements of important defense and (or) military facilities - according to the procedure, established by legal acts;

placements of the diplomatic representations equated to them representative offices of the international organizations and consular establishments of foreign states in the Republic of Belarus - according to this Decree if other is not established by other acts of the President of the Republic of Belarus and (or) international treaties of the Republic of Belarus;";

1.2. add the Decree with Item 1-1 and the interlinear note of the following content to it:

"1-1. Persons to whom the parcels of land from farmlands are provided of lands of forest fund for the purposes which are not connected with maintaining rural and (or) forestry or the construction of underground linear constructions (gas pipelines, oil pipelines, power lines, communication and other constructions) in borders of conservation zones (controlled strips) of these constructions till one and a half years without seizure of land is allowed, shall compensate the losses of agricultural and (or) forestry and landscape production connected with withdrawal of such parcels of land with construction of the underground linear constructions, except as specified, provided in parts by second or heel of this Item. The procedure for determination, the amount of the losses of agricultural and (or) forestry and landscape production which are subject to compensation are established by Council of Ministers of the Republic of Belarus if other is not established by the President of the Republic of Belarus.

In case of seizure of land from the farmlands for their use for the purpose of which are not connected with farming, persons to whom the withdrawn parcels of land are provided can assume liability instead of compensation of the losses of agricultural production connected with seizure of land from farmlands, provide within 2 years from the date of decision making about withdrawal and provision of the parcel of land development of the design estimates on development of the lands which are not used in agricultural industry which area is equal withdrawn and to carry out to the specified time of work on involvement in turnover of these lands as agricultural. If compensation amounts of the losses of agricultural production connected with seizure of land from farmlands will exceed the cost of development of the design estimates on development of the lands which are not used in agricultural industry and works on involvement in turnover of these lands as agricultural, persons which assumed the specified obligation shall compensate also the amounts of losses of agricultural production in the amount of missing part.

In case of non-execution in time, specified in part two of this Item, the obligation on development of the design estimates on development of the lands which are not used in agricultural industry which area is equal withdrawn and to carrying out work on involvement in turnover of these lands as agricultural the compensation amount of losses of agricultural production is subject to collection in indisputable procedure in the republican budget with charge of percent in the amount of the refunding rate established by National Bank for date of collection.

Losses of agricultural production are not compensated in case of withdrawal of farmlands:

for construction of the meliorative systems intended for irrigation and drainage of lands of agricultural purpose;

for construction of the fish-breeding organizations (except for withdrawals of arable lands, lands under permanent cultures, meadow lands on which works on their radical improvement are carried out);

for construction and servicing of apartment houses, health care facilities (hospitals (clinic), polyclinic, out-patient clinic and medical and obstetrical centers, dispensaries, stations of emergency medical service and blood transfusion, hospital of sisterly leaving, specialized health centers, children's homes and maternity hospitals) and provisions of social services (education and education, cultural and educational (clubs, palaces and recreation centers, libraries, the museums, monuments, memorial complexes, fine art studio), consumer services of the population), services of religious (cult) appointment, places of burial, and also objects of transport and engineering infrastructure for apartment houses and the specified objects;

for construction of highways public;

for the construction of facilities of roadside service and transport and engineering infrastructure to them located on roadside strip (in the controlled area) republican highways or the parcel of land which part is on roadside strip (in the controlled area) and other part directly adjoins to roadside strip (controlled area) of republican highways;

for construction of the constructions and obstacles necessary for protection of Frontier of the Republic of Belarus, within border area and borderland;

for strip of fixture of Frontier of the Republic of Belarus, installation, preserving and maintenance in good repair border markers;

for production of sapropels on fertilizer and peat on fertilizer and fuel, and also construction of facilities, necessary for their production;

for warehousing and drying of lignin for fuel production;

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