Lukashenko signed the decree "On horticultural associations"
President of Belarus Alexander Lukashenko signed Decree No. 155 "On Horticultural Cooperatives," the press service of the head of state informed BELTA.
The document is aimed at eliminating gaps and contradictions in the legislation that have accumulated based on the practice of horticultural cooperatives, simplifying the resolution of many issues related to their internal organization, improving approaches to the external management of cooperatives, creating conditions for the development of their infrastructure, and establishing order on their territories.
The decree introduces the possibility of transferring high-voltage power lines of cooperatives to the balance of state power supply organizations based on their actual condition, regardless of their commissioning date.
A procedure is also provided for the transfer of internal networks with the subsequent conclusion of direct electricity supply agreements with citizens who are members of the cooperatives. Such a transfer will be carried out provided that the power lines are in technically sound condition and external electricity meters are installed (or present).
The acceptance of cooperative electrical networks into state ownership will ensure their reliable and safe operation through quality maintenance by specialized organizations, and cooperative members will be able to apply the tariff for consumed electricity as for residential buildings.
Taking into account the practice of law enforcement, as well as the opinions of citizens, approaches to determining the amounts of membership fees have been changed. The existing norms on their collection, regardless of the size of land plots, have been adjusted. The decree grants general meetings of horticultural cooperatives the right to independently make decisions on these issues.
Based on local requests and citizen appeals, as well as public opinion on increasing the state's role in overseeing the activities of horticultural associations, a decree grants local authorities the right to appoint the chairman of the association's board in case of their prolonged absence, as well as specific powers for the current management of associations (e.g., to demand an extraordinary general meeting).
Horticultural associations will be able to obtain information from the local executive committee (free of charge) regarding the withdrawal and provision of land plots, and the state registration of the transfer of rights to land plots or shares in the rights to them. This will facilitate the maintenance of up-to-date records of association members, the exercise of their rights and obligations, compliance with internal regulations, the association's charter, and the payment of fees, land tax, property tax, etc.
In addition, the document defines the procedure for association members to decide on including its territory within the boundaries of a settlement or forming a settlement based on it.
Issues related to the transfer of ownerless garden houses to communal ownership have been regulated, as well as the specifics of alienating garden houses (or shares in the rights to them) recognized as ownerless or escheated inheritance. Issues of membership in associations for persons who are participants in shared ownership, lifelong inherited possession, or land lease (in case of inheritance or transfer of rights to a land plot in shares) have also been regulated.
The Decree introduces the possibility of engaging an audit organization or auditor for internal control over the activities of the partnership. The list of documents that members of the partnership can familiarize themselves with has been expanded and specified (including the charter, income and expenditure estimates, reports of the chairman of the board and the audit commission, minutes of general meetings (meetings of authorized representatives), and other documents of the partnership).
Additional measures have been established to bring order to the territory of partnerships (in particular, conducting land plot inventories at least once every three years).
The Decree enters into force six months after its official publication. The Decree of January 28, 2008 No. 50 "On Measures to Regulate the Activities of Horticultural Partnerships", which currently governs these issues, will consequently be repealed.