Valery LEVANEUSKI - personal site  
 
 
October 18th, 2007. Posted in News from Belarus

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The state continues to pursue builders in Belarus

The paradox of a situation consists that war of the state goes with own citizens who have fairly earned money, have paid taxes and instead of export of the savings abroad have decided to construct something for herself and the children on the native land and the ground of the ancestors. And, to construct on the grounds till now empty. Government officials with Bolshevik’s eagerness search for formal attributes of infringement of laws by builders with the purpose of imposing of penalties and charring away structures at citizens. It is clear, that all these processes go under a pretext of struggle against something and for validity. As usual – recently.

The problem consists that these property reprisals will concern tens thousand our citizens which had imprudence to enclose the saved up means for the native land. Many analysts consider that the given actions are connected with necessity to patch huge holes in the budget. It is easy to guess, that this company will soon be thrown and on an available housing. Acts when without participation in litigation living in an apartment, it is possible to move them from an apartment are already accepted.

In this process there is nothing surprising. So Bolsheviks in 1917, 1928, and 1937 acted. The history repeats. All for the sake of preservation of authority?

There is a lawful and simple question. The site is built up not for one day. As a rule, on it years leave. Where local authorities and supervising bodies look all this time?. If do not accept measures after check of legality of construction and use of a site many years then, approve. So why the builders or the land user are punished?

Belarus for last ten years has turned to poor enough country. To stop “falling in a precipice”, the state policy should encourage builders and the people investing construction of own habitation. In these houses there will live their children, grandsons. The attachment of the person to the ground, to the property is a basis of any statehood.

The state should search for ways of legalizing these structures, instead of search for formal occasions for their cancelling. Then the trust of citizens to the state will increase.

“As to correctness or abnormality of official registration of papers, legality of construction, allocation or not allocation of sites for it concrete officials should answer, members of the every possible commissions and joint bodies to which the state has entrusted these functions, instead of users of the grounds and builders”, – Valery Levanevski considers.

While, unfortunately, the every possible commissions, executive committees, the Countryside Districts, checkers and the officials responsible for allocation or not allocation of sites under construction and the control over use of the grounds chuckle at these innovations – as to redistribute houses and sites after their confiscation there will be most likely besides they and again without any responsibility.

For today the company under penalties and withdrawal of the grounds continues to grow, the state mass-media and officials prove correctness of these actions, here only some examples:

“Evening Grodno”

Cottages on coast of Lososjanka have appeared under threat of demolition. By results of check of granting and use of the ground penalties have imposed on 51 persons, have directed tens instructions on demolition of illegal structures.

Whether the ground in areas of individual building who stood also who is correctly used did not stand in a queue on its reception and also who has grasped sites, found out Committee of the state control of the Grodno area. “Infringements have found out in all areas, – deputy chief of Committee of the state control of the Grodno area Alexander Dingileuski has informed. – If the structure is erected illegally, it is a subject of demolition (except for garden small houses). But in the beginning the penalty is imposed and is enabled to legalize the real estate”.

“You here did not stand”

In Valkavysk’s district executive committee since 1993 in turn on allocation of the ground areas for building construction there is 171 people. But the sequence of allocation of the ground areas in executive committee is not observed. From 15 people, received the ground areas in 2006-2007, only one citizen stood in a queue since the July, 1st, 1999, six citizens are not registered in magazines of registration, the others stood in a queue only from 1 till 6 months. Besides, the majority did not require improvement of living conditions.

Though the turn on sites in Volkovysk’s area as it is told above, consists from more than one and a half hundreds person, Subochsk’s Countryside District gave the ground areas for construction and service of an apartment house to inhabitants of other areas. For example, to two inhabitants of Svisloch and one of village Kvatory of Berestovitsa’s area.

Lorries in a kitchen garden

Having received the ground for conducting a personal part-time farm or service of an apartment house, zealous owners develop there construction of garages, baths or arrange a parking. In village Vikshnjany of Ive’s area Citizen O.Gidel’s has rented more than two hectares for conducting a personal part-time farm. At inspection of a site in its territory there were two Lorries (DAF and Мaz-54323), two garages and two extensions, refueling, a bath and a pond are without the permission constructed. In the same village have placed near the house five super size motor vehicles, have constructed garages and canopies. If owners will not put into the ground the order, sites will withdraw, and constructions will take down.
In Grodno in the Dalnaja Street near an apartment house the true manufacture was developed. The mistress of a site has died several years ago, and the entrepreneur, who lived in the house, used a part of a site for rendering services on diagnostics of cars.

Minsk’s citizens buy up northern grounds

Interest of capital men of means has extended on sites in northern areas of area. Anna Ivanova, living in Minsk, has got in village Yodi of Ostrovetsk’s area the house with outhouses on a site in a water-protected zone of the lake entering into feature of “Sorochansk’s lakes “. Later she has autocratically taken the grounds in a coastal strip, has constructed from the house to lake the arranged well foot path with a concrete tile. For comfort has installed electric lanterns and the nice bridge-platform in lake Yodi.

One more Minsk’s citizen after purchase of apartment houses with outhouses in village Gorani of Smorgon’s area on sites in a water-protected zone of Svir lake has erected new outhouses , the architecture not coordinated with a department and constructions Smorgon’s district executive committee and with regional inspection of natural resources and preservations of the environment of area. All superfluous from coast of reservoirs it is necessary to remove and pay the penalty.

The penalty or demolition?

Several years ago in coastal strip of Lososjnka the street of cottages has grown. According to the Grodno city inspection of natural resources and preservations of the environment, at allocation of sites of owners warned that on this ground it is impossible to build houses, including it is forbidden to plough and sow. “On the one hand, the special damage to the nature is not present, – Irina Alekhin has told the chief of inspection. –“ But we have imposed penalties, and to take down or not, will solve the state control”. Under our data, the further destiny of the real estate on Lososjnka will be solved by court.

And what there is in the coastal strip of the Ladder River proceeding on territory of the Gozha’s Village Soviet? Here the ground areas of gardening companies « Pine forest » and «Builder-80» are located. More than 10 members of these companies, autocratically, without reception of corresponding sanctions and in infringement of the nature protection legislation have prolonged borders of the sites up to a channel of the river Lesnitsa and have erected fences, garages, baths, toilets and other auxiliary constructions. As a result of their illegal actions on autocratic capture of the grounds access to a reservoir has been completely blocked. By results of check assignments of regional inspection of natural resources and preservations of the environment, and are given to geodetic service of area and Gozha’s Districtс on ordering questions of use of the ground areas by members of gardening companies in a coastal strip of the river the Ladder and attraction for the admitted infringements of guilty persons to the administrative responsibility.

In a quarter of a housing estate «Viljnova» of Ozery village of the Grodno area under individual housing construction are mastered three sites. The grounds are transferred in a private property. But District instead of put 15 hundred square meter (under the general plan of building) it is given out to owners till 20-25. Claims are in occasion of ponds, canopies, summerhouses, equipped without sanctions. «Is it bad, that I have made the former empty grounds beautiful and convenient for a life and rest? – One of guilty owners of the real estate has amazed. – it is necessary to receive, certainly, papers, but on it not always there is time ».

Officially. Committee of the State Control

On September, 26th, 2007 session of board of Committee of the state control of Byelorussia which was lead by Chairman of Committee of State Control Zenon Lomat.

During session of board results of check of legality of granting and use of the ground areas in Minsk area have been considered. Checks have shown, that at withdrawal and granting of the ground areas by officials Minsk regional and Districts the legislation was broken, the opportunity of updating of the local budget due to granting sites on auctions was not used; in Minsk area of Ministry for Protection of the Environment and Natural Resources, executive committee of areas the formalistic approach to maintenance of execution of the legislation regarding restriction of economic activities in water-security zones and coastal strips of reservoirs is admitted; the state control over protection and use of the grounds regarding revealing, suppressions and prevention of offences in territory of the Minsk area and Minsk’s exclusive committee and a district executive committee, Ministry for Protection of the Environment and Natural Resources, Forest management, the State Property Committee and their territorial organizations to the full is not provided.

established Numerous cases of the preliminary coordination of accommodation, and also granting of the ground areas with infringement of requirements of the legislation, unreasonable refusal in granting the ground areas, autocratic employment of the grounds by expansion of borders of the allocated ground areas, long (till some years) their uses because of absence of the state control over executive committees and the authorized bodies of state management, deforestation in woods of the first group and construction without allowing documents, no-purpose use of the ground areas.

In 11 from 19 Village exclusive committees of the Minsk area inventory of the grounds of rural settlements is not lead in full. Minsk’s area exclusive committee a problem of carrying out of inventory of the grounds of rural settlements has actually shifted through a district executive committee, on Village exclusive committees which do not incorporate corresponding experts and in this connection not in condition qualify lead inventory of the grounds.

According to requirements of the legislation withdrawal and granting of the ground areas from the agricultural grounds and the grounds of wood fund for the purposes which have been not connected with purpose of these grounds, is carried out by the President of Byelorussia.

At the same time, it is established, that the Minsk district executive committee had been made decisions on granting 9 ground areas by the area of 1,35 hectares covered by a wood, for country construction in housing estates Zhdanovichy-6 and Zhdanovichy-1, and also of 12 ground areas by the area of 1,73 hectares wood and arable lands without their withdrawal at Department of the finance and rear of the Ministry of Internal Affairs – for country construction in a housing estate «Krynichny»of the Ministry of Internal Affairs of Byelorussia and on the grounds adjoining settlement.

On the grounds Zhdanovichy’s Village exclusive committee it has been revealed, that 12 land users carried out using the ground areas a total area of 0,56 hectares under accommodation of trading objects (cafe) without presence legalizing documents on these sites, only on the basis of available at them copies from the plan of borders of land tenure of the Minsk area, coordinated by chairman Zhdanovichy’s Village exclusive committee Moskalev V.V., officials of the authorized services of area. On the fact of the given infringements credited also it is presented to infringers to payment up to 11/15/2007 of the ground tax in the sum 60,2 million rbl. 9/11/2007 it is paid 17,6 million rbl.

In infringement of the established order, without acceptance of a joint decision by former chairman Kolodishchansk’s Village exclusive committee Bonda T.P. 83 citizens have been deprived the right of use earlier by the ground areas allocated to them. Concerning former chairman of Village exclusive committee the Office of Public Prosecutor of the Minsk area and Office of Public Prosecutor of the Minsk area on the specified facts of infringements of the legislation in November, 2006, in January and June, 2007 raise 6 criminal cases.

Concerning former chairman of Shchomyslitsk’s area Village exclusive committee Kirkovski G.V. 8/30/2007 the State Office of Public Prosecutor on the facts of infringement of the legislation at decision-making on withdrawal and granting of the ground areas revealed by Committee of the state control, raises criminal case.

The facts of acceptance with infringement of the legislation of decisions on granting the ground areas have been revealed also in Village exclusive committees of Goransk’s, Krupnitsk’s, Lugovoslabodsk’s, Ostroshitsk’s-Gorodok’s, Mihanovich’s, Uzufsk’s and Senitsk’s areas.

By Village exclusive committees the control over entering by citizens of gathering on an infrastructure from physical persons was not provided at tap of the ground areas under individually-housing construction, on compensation of expenses for the created engineering-transport, social infrastructure by granting to the organizations, individual businessmen and physical persons of the ground areas under new construction and expansion existing, and also on construction of objects by granting the ground areas.

Observance of requirements of the current legislation By Village exclusive committees in the Minsk area is not provided at delivery of the ground areas in rent. It is established, that till now Goransk’s, Krupnitsk’s, Lugovoslabodsk’s, Ostroshitsk’s-Gorodok’s, Mihanovich’s, Uzufsk’s and Senitsk’s areas Village exclusive committees.

contracts of rent (174 contracts) ground areas are not brought into accord with requirements of the Decree of the President of Byelorussia from 2/7/2006 74 « About perfection of the order of definition of the size of a rent for the ground areas which are being a state ownership » (additional agreements with tenants to operating contracts are not issued or contracts of rent in connection with changes of the size of a rent are not renewed). As a result the rent was paid without taking into account the raising factors established by the given Decree.

Nature protection service, the state wood protection insufficiently carries out the state control over observance of the legislation at use of the ground areas.

In territory of Borovljny’s,Zhdanovichy’s, Goransk’s, Shomyslitsk’s, Klodinesheck’s, Loshansk’s, Lugovoslabodsk’s, Novodvorsk’s, Papernjnsk’s, Mihanovichy’s, Usovskoj’s, Senitsk’s, Samohvalovich’s, Hatezhinsk’s, Petryshkovsk’s areas 198 facts of autocratic employment by citizens and legal persons of the ground areas a total area about 12 hectares, from them 100 on the grounds of wood fund the area of 6,8 hectares, and also 27 facts of autocratic construction are revealed.

Cadastral cost of autocratically borrowed sites only in Boravljny’s area(1,45 hectares) makes 194 thousand USD, Zhdanovichy’s (3,26 hectares) – nearby 330 thousand USD.

During check Boravljny’s,Zhdanovichy’s ,Shomyslitsk’s and areas it is established, that in infringement of requirements of clause 65 of the Code of Byelorussia about the ground, on the ground areas, given to citizens for construction and service of apartment houses, servicing deports of vehicles and warehouses are organized. The similar facts of no-purpose use of the ground areas are established during check Boravljny’s and Shomyslitsk’s areas.

During check the numerous facts of infringements of the nature protection legislation are established.

The sizes and borders of water-security zones and coastal strips of many water objects which are being area, Minsk’s area exlusive committee and a district executive committee, in infringement of requirements of the decision of Ministerial council from 3/21/2006 377 « About the statement of Regulations about the order of an establishment of the sizes and borders of water-security zones and coastal strips of water objects and a mode of conducting in them economic activities and a recognition become invalid for some decisions of Ministerial council of Byelorussia », are not approved also borders of these zones and strips not designated on district.

Thus it is necessary to note, that Ministry for Protection of the Environment and Natural Resources are not taken necessary measures on realizations of the specified decision, establishments of borders of water-security zones concerning maintenance and coastal strips, strict observance of a mode of economic activities in them is not provided.

Up to Village exclusive committee of the Minsk area decisions оf Minsk’s area exclusive committee and a district executive committee, establishing borders and the sizes of water-protected zones and coastal strips of the reservoirs located in their territory are not lead up. As a result by Zhomlynsk’s area Village executive committee in infringement of the legislation allocation of the ground areas in Strochitsa is made in coordination with the Minsk regional inspection of natural resources and preservations of the environment, being a coastal strip of a water basin «Ptych» on which 4 inhabited houses are erected.

By results of checks 268 instructions about elimination of infringements are given out to land users, involved in the administrative responsibility of 359 physical and legal persons for the sum 139,05 million rbl.

Having considered in Minsk area the board has decided results of check of legality of granting and use of the ground areas to direct to the State Office of Public Prosecutor materials of check on revealed facts of infringement of the legislation land users for a summer residence of a legal estimation to the given infringements and acceptances of measures on their suppression; has noted unsatisfactory work Minsk’s area exclusive committee and the Minsk district executive committee, Ministry for Protection of the Environment and Natural Resources, the State Property Committee and their territorial bodies on maintenance of the state control over use and protection of the grounds, wood fund in territory of the Minsk area.

To Minsk’s area exclusive committee it is necessary to provide carrying out according to requirements of the legislation, authentic and full inventory of the grounds of rural settlements, and by its results to arrange on further target use of the ground areas.

Ministry for Protection of the Environment and Natural Resources is offered to take necessary measures up to 1/1/2008 on realization of the decision of Ministerial council of Byelorussia from 3/21/2006 377 “About the statement of Regulations about the order of an establishment of the sizes and borders of water-protected zones and coastal strips of water objects and a mode of conducting in them economic activities and a recognition become invalid for some decisions of Ministerial council of Byelorussia”; to the State Property Committee to provide carrying out up to 1/1/2008 together with local executive and administrative bodies of full and authentic inventory of the grounds of rural settlements, ordering of data on proprietors, land owners, land users and tenants of the ground areas and their constant updating.

Valery Levaneuski

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Note: Translated by means of machine translation. The original text in Russian is on a site www.levonevsky.org or www.levonevski.net
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