of July 12, 2013 No. 63-Z
About concessions
Accepted by the House of Representatives on June 26, 2013
Approved by Council of the Republic on June 28, 2013
This Law establishing the legal basis of implementation of investments on the basis of concessions in the territory of the Republic of Belarus is aimed at providing the rights and legitimate interests of investors, the Republic of Belarus and its administrative and territorial units.
For the purposes of this Law the following main terms and their determinations are used:
compensation products - certain part of products made by the concessionary which is transferred to the possession of the concedent according to the concession treaty about the Section of products;
the concedent - the Republic of Belarus or its administrative and territorial unit on behalf of which the concessionary bodies according to this Law which signed the concession treaty with the concessionary act;
concessionaries are investors, except for the state legal entities, signed the concession treaty with the Republic of Belarus or its administrative and territorial unit;
the concessionary offer - the offer developed by concessionary body for investors on specific subject to concession containing the name and the main characteristics of subject to concession, the purpose of its provision in concession and the main specifications of use of the property which is subject to concession and also the main conditions of implementation of type of activity to which implementation the exclusive right of the state (further - type of activity) which is subject to concession, and condition of activities of the concessionary extends;
the concession treaty - the written agreement owing to which one party (concedent) shall provide to other party (concessionary) on paid or non-paid basis for certain term right of possession and uses of subject to concession or the right to implementation of type of activity;
concessionary body - the state body or other state organization authorized by the Government of the Republic of Belarus republican state body or other state organization subordinated to the Government of the Republic of Belarus and also the local executive and administrative organ making the actions determined according to this Law on behalf of the concedent authorized by the President of the Republic of Belarus;
concession - based on the concession treaty right of possession and uses of subject to concession or the right to implementation of type of activity;
subjects to concession of administrative and territorial units - the subjects to concession which are in utility property, except for subjects to concession, data on which constitute the state secrets, and the subjects to concession which are important strategically for the Republic of Belarus;
subjects to concession of the Republic of Belarus - the subjects to concession which are in republican property and also other subjects to concession which are in property of the state and not relating to subjects to concession of administrative and territorial units, types of activity, except for subjects to concession, data on which constitute the state secrets, and the subjects to concession which are important strategically for the Republic of Belarus;
subject of tender or auction for the choice of the investor for the conclusion with it the concession treaty (further - subject of tender (auction)) - right of possession and uses of subject to concession or the right to implementation of type of activity;
one-time payment - the payment paid by the concessionary for right of possession and uses of subject to concession or for the right to implementation of type of activity;
own means - any things, including the money and securities belonging to the investor on the property right or other corporeal right, property rights and exclusive rights on results of intellectual activities and means of individualization of participants of civil circulation, goods (works, services) which can be used by the investor in case of implementation of the concession treaty;
method of the choice of the concessionary - tender or auction for the choice of the investor for the conclusion with it the concession treaty (further if other is not established, - tender (auction)) if other is not established by the President of the Republic of Belarus or this Law;
the starting amount of one-time payment - the initial amount of one-time payment from which the biddings at tender (auction) begin.
The relations connected with implementation of investments on the basis of concessions in the territory of the Republic of Belarus are regulated by this Law, other acts of the legislation, including international treaties of the Republic of Belarus.
If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.
If subjects to concession are subsoil plots, water objects, the woods (sites of forest fund), the parcels of land, concession concerning them is performed according to this Law if other is not stipulated by the legislation about subsoil, about protection and use of waters, about use, protection and protection of the woods, about protection and use of lands.
The objects constituting according to the Constitution of the Republic of Belarus exclusive property of the state (subsoil, waters, the woods), the objects which are only in property of the state, types of activity can be subjects to concession.
Guarantees, stipulated by the legislation for investors are provided to concessionaries.
Intervention in activities of the concessionaries, except as specified, provided by the concession treaty and (or) when such intervention is performed based on legal acts for the benefit of homeland security (including environmental protections, historical and cultural values), public order, protection of morality, health of the population, the rights and freedoms of other persons is not allowed.
By the concession treaty according to legal acts or according to the decision of the President of the Republic of Belarus privileges and preferences for concessionaries and (or) the organizations in accordance with the established procedure created in the Republic of Belarus by the concessionary or with its participation can be provided.
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