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Registered in the National Register of Legal Acts

of the Republic of Belarus on November 15, 2002 N 2/898

 

LAW OF THE REPUBLIC OF BELARUS

November 11, 2002 N 149-З

 

ON PRIVATE SUBSIDIARY FARMS OF CITIZENS

 

Enacted by the House of Representatives on October 3, 2002

Approved by the Council of the Republic on October 23, 2002

 

(as amended by the Laws of the Republic of Belarus dated July 02, 2009 N 31-З,

and dated December 28, 2009 N 96-З)

 

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

 

Article 1. Legislation of the Republic of Belarus on personal subsidiary farms of citizens

Relations connected to the conduct of personal subsidiary farms by citizens of the Republic of Belarus (hereinafter referred to as “citizens”) and state support of these farms are regulated by the Civil Code of the Republic of Belarus, the Code of the Republic of Belarus on Land, this Law and other regulatory legal acts of the Republic of Belarus.

 

Article 2. Personal subsidiary farms of citizens

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

 

 

(as amended by the Law of the Republic of Belarus dated December 28, 2009 N 96-З)

(see text in previous edition)

In the personal subsidiary farms of citizens, on the basis of the right for private property, there may be economic buildings and structures, livestock, poultry, perennial plantings, in the order established by 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 farms of citizens is entered into the household book of the rural (settlement) executive and administrative body in the manner prescribed by the legislation of the Republic of Belarus.

 

(Part four of Article 2 is excluded – Law of the Republic of Belarus dated July 02, 2009 N 31-З)

(see text in previous edition)

 

Article 3. Management of personal subsidiary farms of citizens

Citizens carry out the management of personal subsidiary farms at their own discretion and under their own responsibility.

The activities of citizens who manage personal subsidiary farms for the production, processing and sale of their agricultural products do not belong to entrepreneurial activity.

Interference of state bodies in the activities of citizens in the management of personal subsidiary farms is not allowed, with the exception of cases established by legislative acts of the Republic of Belarus.

Citizens whose rights to managing a personal subsidiary farm have been violated have the right to make claims for compensation of losses caused to them, including lost profits, for compensation of moral harm, as well as for the restoration of violated rights in the manner prescribed by the legislation of the Republic of Belarus.

Foreign citizens and stateless persons permanently residing in the Republic of Belarus may manage a personal subsidiary farm on the territory of the Republic of Belarus in the manner and under the conditions established by this Law and other regulatory legal acts of the Republic of Belarus.

 

Article 4. Rights of citizens carrying out management of personal subsidiary plots

Citizens who manage a personal subsidiary farm have the right to:

to erect, in accordance with the procedure established by the legislation of the Republic of Belarus, utility buildings and structures necessary for maintaining personal subsidiary farms on land plots provided for these purposes in accordance with the legislation of the Republic of Belarus on the protection and use of land;

 

(as amended by the Law of the Republic of Belarus dated December 28, 2009 N 96-З)

(see text in previous edition)

independently manage the farm on the land plots provided to them for managing personal subsidiary farm;

make any transactions that do not contradict the legislation of the Republic of Belarus related to the managing of personal subsidiary farm, have other property and non-property rights;

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

 

Citizens who manage personal subsidiary farms also have other rights provided for by the civil legislation of the Republic of Belarus, the legislation of the Republic of Belarus on the protection and use of land and other legislation of the Republic of Belarus. 

(as amended by the Law of the Republic of Belarus dated December 28, 2009 N 96-З)

(see text in previous edition)

 

 

Article 5. Obligations of citizens carrying out management of personal subsidiary farms

Citizens who manage personal subsidiary farms are obliged to:

use the land plots provided to them in accordance with the legislation of the Republic of Belarus on the protection and use of land;

 

(as amended by the Law of the Republic of Belarus dated December 28, 2009 N 96-З)

(see text in previous edition)

(the paragraph is excluded – the Law of the Republic of Belarus dated December 28, 2009 N 96-З)

(see text in previous edition)

comply with zoohygienic norms and veterinary rules for keeping animals, the requirements of sanitary norms, rules and hygienic standards in the production, processing and sale of agricultural products, as well as other requirements and rules related to the maintenance of personal subsidiary farms established by the legislation of the Republic of Belarus.

 

(as amended by the Law of the Republic of Belarus dated December 28, 2009 N 96-З)

(see text in previous edition)

Citizens who manage personal subsidiary farms fulfill other obligations stipulated by the civil legislation of the Republic of Belarus, the legislation of the Republic of Belarus on the protection and use of lands and other legislation of the Republic of Belarus.

 

(as amended by the Law of the Republic of Belarus dated December 28, 2009 N 96-З)

(see text in previous edition)

 

Article 6. Ownership for crops, planting of agricultural crops and plantings, of agricultural products produced by citizens who manage personal subsidiary farms

Crops, planting of agricultural crops and plantings, agricultural products produced by citizens who manage personal subsidiary farms are their property.

Agricultural products produced by citizens who manage personal subsidiary farms are used by them at their own discretion, including it can be sold to legal entities and individuals in accordance with contracts concluded with them.

 

Article 7. State support for personal subsidiary farms of citizens

The state guarantees to citizens the observance of their rights and protection of legitimate interests related to the managing of personal subsidiary farms.

The state promotes the development and strengthening of personal subsidiary farms by means of:

the creation by rural (settlement), district executive and administrative bodies of communal unitary enterprises (with consulting centers and rental points for agricultural machinery, horse-drawn and other means) for the provision of services for the cultivation of agricultural crops and harvesting, procurement of fodder to citizens who manage personal subsidiary farms, sale of grown products, procurement of fuel, processing of land plots and other services;

rendering assistance in the sale of surplus agricultural products produced by personal subsidiary farms;

carrying out annually measures for the prevention of infectious and invasive diseases of animals owned by citizens who manage personal subsidiary farms;

the sale to citizens who manage personal subsidiary plots, pedigree young livestock (pigs, cattle, horses), poultry, mineral and organic fertilizers, plant protection products, planting material for agricultural crops, compound feed and grain for feed purposes;

meeting the needs of citizens who manage personal subsidiary farms in hayfields and pastures for personal livestock.

Local executive and administrative bodies are obliged to provide trading places equipped in accordance with technical requirements for their sale, as a matter of priority, for citizens who produce agricultural products, as well as to provide protection of these citizens from extortion and other criminal encroachments on these products.

 

ConsultantPlus: note.

On the issue of natural gas gasification of the operated housing stock of citizens and its financing, see the Decree of the President of the Republic of Belarus dated June 02, 2006 N 368.

When citizens manage personal subsidiary farms in the territory where there are no industrial and social facilities, local executive and regulatory bodies must ensure the construction of roads, radio and power lines, as well as water supply, gasification, telephone installation, land reclamation.

Funding for the construction of roads, social facilities, radio and power lines, water supply, gasification, telephony, land reclamation is carried out at the expense of the republican and local budgets.

State support for personal subsidiary farms of citizens can be carried out in other areas.

 

Article 8. Taxation

Citizens who manage personal subsidiary farms pay taxes in accordance with the tax legislation of the Republic of Belarus.

 

ConsultantPlus: note.

On the issue regarding the provision of loans to citizens who manage personal subsidiary farms, see Decree of the President of the Republic of Belarus dated June 14, 2010 N 302.

 

Article 9. Lending

For managing a personal subsidiary farm, citizens have the right to receive loans in accordance with the banking legislation of the Republic of Belarus.

 

Article 10. Settlement of disputes

Disputes arising from the management of personal subsidiary farms by citizens are resolved by the court in accordance with the legislation of the Republic of Belarus.

 

Article 11. Termination of the management of personal subsidiary farms by citizens

(as amended by the Law of the Republic of Belarus dated December 28, 2009 N 96-З)

(see text in previous edition)

 

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

 

Article 12. Entry into force of this Law

This Law comes into force from the day of its official publication.

 

Article 13. Bringing Acts of Legislation of the Republic of Belarus into line with this Law

Until the legislation of the Republic of Belarus is brought into line with this Law, it shall be applied in the part that 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 into line with this Law;

ensure the revision and cancellation by the republican government bodies subordinate to the Council of Ministers of the Republic of Belarus, their normative acts that contradict this Law;

take other measures necessary for the implementation of this Law.

 

President of the Republic of Belarus

A. Lukashenko