Communication for investors on available potential sites of high-quality fresh groundwater for indus-trial bottling on the territory of the Republic of Belarus (стр. 2 )

The right to private land property shall be cancelled based on the decision by the local executive committee concerned within its competence or the judgement of a court:

while depriving non-eligible individuals of land;

during the voluntary land transfer to state ownership;

while withdrawing land for state needs;

while liquidating a non-state legal entity of the Republic of Belarus.

The right to private land property shall also terminate through the compulsory withdrawal according to the judgement:

due to land tax non-payment on the expiration of two tax periods;

as a result of land use for the improper purpose;

should a private legal entity of the Republic of Belarus within the period of six months after the day of obtaining a certificate (license) on the State land registration and the ownership right not occupy the plot in question;

as a result of failure to exercise protective measures;

as a result of land confiscation.

In particular should an investor during the six-month period (or another term specified by the agreement on the design and construction of permanent structures (buildings, facilities), or the decision by the local Executive Committee on land lease after the day of obtaining a certificate (license) on the State land registration and the ownership right not occupy the land in question according to the purposes and lease terms (not start construction works or any other land development), the local committee shall forward to the investor an order to occupy the given plot (commenced construction works, any other land development) in compliance with the purpose and lease terms not later than one month after the lease expiration. The term specified by the order shall not exceed one month.

Should the investor after termination specified by the order fail to start construction or any land development according to the purpose and lease terms the local committee under its competence is entitled to:

take an action for the cessation of the land right and make a decision on the further use of the given land after entering the court judgement on the cessation and state registration of the lease cessation into force;

take a decision on the dissolution of the lease agreement if the right to cancel the lease agreement in unilateral order is provided by the agreement in question that contains the terms of its further use and an order by the State land registration office to register the cessation of the lease right and after the registration make a decision about its further exploitation or take an action for the dissolution of the land lease; and after the entering of the court decision into force decide on its further use.

The state registration office shall register the lease cessation in line with section 5 of this article within 7 working days after the day of the receipt of the local committee's order with a copy of the court's judgement forwarded by the local executive committee.

Such a state registration shall be exercised at the expense of the relative local budget.

Failure to execute the requirements specified by the decision on the enforcement of lease rights and right restrictions (charges) within 2 months can be cancelled by the local executive committee adopted the decision.

The local executive committee is bound to notify the state registration office about the cancellation of the decision specified not later than three working days.

The court decision about the forced land withdrawal for the violation of the legislation on land protection and use shall be made based on the materials being testimony to the fact that after receiving the writ the land owner fails to take measures for eliminating committed protection infringements relating to land protection and use within the prescribed period.

Land lease (sublease) shall be terminated on the basis and in line with the procedure provided by the Civil legislation or Land lease agreement. Land lease (sublease) can be terminated also in case of land withdrawal for state needs, transactions by the leaseholder (sublease holder).

The termination of land lease involves the termination of the right to its sublease if otherwise not specified by the Land Lease.

The legislative instruments may specify other reasons for the termination of lease rights.

The State shall guarantee the protection of the investors’ (owners’, users’, holders’) in the process of land termination and demolition of immovables located on them.