Registered in the National Register of Legal Acts

The Republic of Belarus 15 November 2002 g. N 2/898

 

LAW OF THE REPUBLIC OF BELARUS

11 November 2002 g. N 149-Z

 

ON PERSONAL AUXILIARIES OF CITIZENS

 

Adopted by the House of Representatives 3 October 2002 of the year

Approved by the Council of the Republic 23 October 2002 of the year

 

(in order. Laws of the Republic of Belarus from 02.07.2009 N 31-Z, from 28.12.2009 N 96-C)

 

This Law defines the legal basis for the conduct of personal subsidiary plots by citizens of the Republic of Belarus, as well as measures for its state support.

 

Article 1. The legislation of the Republic of Belarus on personal subsidiary plots of citizens

 

Relationship, related to the conduct of citizens of the Republic of Belarus (Further – citizens) personal subsidiary plots and state support of these plots, regulated by the Civil Code of the Republic of Belarus, Land Code of the Republic of Belarus, this Law and other regulatory legal acts of the Republic of Belarus.

 

Article 2. Personal subsidiary plots of citizens

 

Personal subsidiary plots of citizens – the form of economic activity of citizens in the production of agricultural products, based on the use of land, provided for these purposes in accordance with the legislation of the Republic of Belarus on the protection and use of land.

 

(in order. Law of the Republic of Belarus from 28.12.2009 N 96-C) (cm. previous text)

In the personal subsidiary plots of citizens on the right of private ownership may be farm buildings and structures, cattle, bird, perennial plantings, in accordance with the legislation of the Republic of Belarus – vehicles, as well as other property, not prohibited by the legislation of the Republic of Belarus.

Information about the personal subsidiary plots of citizens is recorded in the farm household book (village) executive and administrative body in order, established by the legislation of the Republic of Belarus.

 

(part four of the article 2 excluded. – Law of the Republic of Belarus from 02.07.2009 N 31-Z) (cm. previous text)

 

Article 3. Keeping personal subsidiary plots of citizens

 

Citizens carry out personal subsidiary plots at their discretion and on their own responsibility.

Activities of citizens, conducting personal subsidiary plots, for production, the processing and sale of their agricultural products does not apply to business.

Intervention of state bodies in the activities of citizens in the conduct of personal subsidiary plots is not allowed, except cases, established by legislative acts of the Republic of Belarus.

Citizens, whose rights to conduct personal subsidiary plots are violated, entitled to make claims for compensation for losses incurred by him, including lost profits, for non-pecuniary damage, as well as to restore violated rights in the manner, established by the legislation of the Republic of Belarus.

Foreign citizens and stateless persons, permanently resident in the Republic of Belarus, may conduct personal subsidiary farming on the territory of the Republic of Belarus in the manner and on conditions, established by this Law and other regulatory legal acts of the Republic of Belarus.

 

Article 4. Rights of citizens, conducting personal subsidiary plots

 

Citizens, carrying out personal subsidiary plots, they have a right:

to erect household buildings and structures in the manner prescribed by the legislation of the Republic of Belarus, necessary for the maintenance of personal subsidiary plots, on land, provided for these purposes in accordance with the legislation of the Republic of Belarus on the protection and use of land;

 

(in order. Law of the Republic of Belarus from 28.12.2009 N 96-C) (cm. previous text)

independently manage land on land, provided to them for personal subsidiary plots;

make any transactions that do not contradict the legislation of the Republic of Belarus, associated with the maintenance of personal subsidiary plots, have other property and non-property rights;

use property attracted on a voluntary basis and contractual terms, including funds of legal entities and individuals, necessary for the maintenance of personal subsidiary plots.

Citizens, carrying out personal subsidiary plots, have other rights, stipulated by the civil legislation of the Republic of Belarus, legislation of the Republic of Belarus on the protection and use of land and other legislation of the Republic of Belarus.

 

(in order. Law of the Republic of Belarus from 28.12.2009 N 96-C) (cm. previous text)

 

Article 5. Responsibilities of Citizens, conducting personal subsidiary plots

 

Citizens, carrying out personal subsidiary plots, are required:

use the land provided by him in accordance with the legislation of the Republic of Belarus on the protection and use of land;

 

(in order. Law of the Republic of Belarus from 28.12.2009 N 96-C) (cm. previous text) (paragraph excluded. – Law of the Republic of Belarus from 28.12.2009 N 96-C) (cm. previous text)

observe zoohygienic standards and veterinary rules for keeping animals, sanitary requirements, rules and hygiene standards in the implementation of production, processing and marketing of agricultural products, as well as other requirements and rules, associated with the maintenance of personal subsidiary plots, established by the legislation of the Republic of Belarus.

 

(in order. Law of the Republic of Belarus from 28.12.2009 N 96-C) (cm. previous text)

Citizens, carrying out personal subsidiary plots, perform other duties, stipulated by the civil legislation of the Republic of Belarus, legislation of the Republic of Belarus on the protection and use of land and other legislation of the Republic of Belarus.

 

(in order. Law of the Republic of Belarus from 28.12.2009 N 96-C) (cm. previous text)

 

Article 6. Ownership of crops, planting of crops and plantings, for agricultural products, produced by citizens, carrying out personal subsidiary plots

 

Crops, planting of crops and plantings, agricultural products, produced by citizens, conducting personal subsidiary plots, are their property.

Agricultural products, produced by citizens, conducting personal subsidiary plots, used by them at their discretion, including it can be sold to legal entities and individuals in accordance with agreements concluded with them.

 

Article 7. State support of personal subsidiary plots of citizens

 

The state guarantees citizens the observance of their rights and the protection of legitimate interests, associated with the maintenance of personal subsidiary plots.

The state promotes the development and strengthening of personal subsidiary plots through:

rural establishment (village), district executive and administrative bodies of communal unitary enterprises (with consultation points and rental points for agricultural machinery, horse-drawn and other means) to provide citizens, conducting personal subsidiary plots, crop and harvesting services, feed preparation, sales of grown products, fuel preparation, land processing and other services;

assisting in the sale of surplus agricultural products, produced in personal subsidiary plots;

annual events to prevent infectious and invasive animal diseases, owned by citizens, conducting personal subsidiary plots;

implementation to citizens, conducting personal subsidiary plots, breeding young cattle (pigs, cattle, horses), birds, mineral and organic fertilizers, plant protection products, crop planting material, feed and grain for feed purposes;

meeting the needs of citizens, conducting personal subsidiary plots, in hayfields and pastures for livestock.

Local executive and administrative bodies are obliged to provide, as a matter of priority, citizens, agricultural producers, equipped in accordance with technical requirements trading places for its implementation, as well as the protection of these citizens from extortion and other criminal attacks on these products.

 

Consultant Plus: note. On the issue, concerning gasification of natural gas in an operated housing stock of citizens and its financing, cm. Decree of the President of the Republic of Belarus from 02.06.2006 N 368.

When citizens conduct personal subsidiary plots on the territory, where there are no industrial and social facilities, local executive and regulatory authorities must ensure the construction of roads, radio lines- and power, as well as water supply, gasification, installation of telephones, land reclamation.

Road construction financing, social facilities, radio lines- and power, water supply, gasification, telephone installation, land reclamation is carried out at the expense of the republican and local budgets.

State support of personal subsidiary plots of citizens may be carried out in other areas.

 

Article 8. Taxation

 

Citizens, carrying out personal subsidiary plots, pay taxes in accordance with the tax legislation of the Republic of Belarus.

 

Consultant Plus: note. On the issue, concerning the provision of loans to citizens, conducting personal subsidiary plots, cm. Decree of the President of the Republic of Belarus from 14.06.2010 N 302.

Article 9. Lending

 

To conduct personal subsidiary plots, citizens have the right to receive loans in accordance with the banking legislation of the Republic of Belarus.

 

Article 10. Dispute Resolution

 

Disputes, arising from the conduct of personal subsidiary plots by citizens, permitted by the court in accordance with the legislation of the Republic of Belarus.

 

Article 11. Termination of personal subsidiary plots by citizens

 

(in order. Law of the Republic of Belarus from 28.12.2009 N 96-C) (cm. previous text)

 

The maintenance of personal subsidiary plots by citizens ceases with the termination of the rights to land plots in accordance with the legislation of the Republic of Belarus on the protection and use of land, provided for this purpose.

 

Article 12. The entry into force of this Law

 

This Law shall enter into force on the day of its official publication..

 

Article 13. Bringing acts of legislation of the Republic of Belarus in accordance with this Law

 

Until the legislation of the Republic of Belarus is brought into conformity with this Law, it shall apply in that part, which does not contradict this Law, unless otherwise provided by the Constitution of the Republic of Belarus.

To the Council of Ministers of the Republic of Belarus within six months from the date of entry into force of this Law:

bring the decisions of the Government of the Republic of Belarus in accordance with this Law;

provide review and cancellation by republican government bodies, subordinate to the Council of Ministers of the Republic of Belarus, their regulations, contrary to this law;

take other measures, necessary for the implementation of this Law.

 

President of the Republic of Belarus

A. Lukashenko