DECREE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS July 2014 No. 348 On measures to improve the efficiency of organizations agro-industrial complex
In order to create conditions for increasing the efficiency of organizations in the agro-industrial complex, I decide:
1. Offer to banks and open joint stock company"Development Bank of the Republic of Belarus" (hereinafter referred to as the banks) provide a deferment of fulfillment of obligations on the principal debt for a period not exceeding five years (hereinafter referred to as the deferment):
1.1. legal entities that acquired (acquired) from January 1, 2014 to December 31, 2016 in the prescribed manner as a result of reorganization (in the form of merger, accession), purchase, gratuitous transfer of enterprises as property complexes, the rights and obligations of insolvent agricultural organizations * (hereinafter – agricultural organizations) for long-term investment loans** issued to legal entities and agricultural organizations for the purchase of agricultural machinery, equipment, construction, reconstruction and (or) modernization of production facilities. The deferment is provided on the basis of applications submitted to banks legal entities who have acquired the rights and obligations of agricultural organizations, on the provision of a deferment and business plans for the development of these legal entities approved by the regional executive committees, which set the deadlines for the fulfillment of obligations subject to deferment. At the same time, the amount of such obligations (urgent, overdue, extended debt) is reflected in the accounts of banks’ urgent debt. The provision of a deferment is formalized by making appropriate changes and (or) additions to the loan agreements; ______________________________
* For the purposes of this Decree, insolvent agricultural organizations are understood to be legal entities, including their separate units, whose main activity is the production of agricultural products, for which, based on the results of the year preceding the year in which their rights and obligations were acquired by legal entities in accordance with subclause 1.1 of clause 1 of this Decree, the current liquidity ratio and the equity ratio working capital have values less than 1.5 and 0.2, respectively.
** For the purposes of this Decree, long-term investment loans mean loans issued for a period of more than one year for the purpose of investing.
1.2. organizations authorized by legislative acts to purchase modern agricultural machinery and equipment for the purpose of transferring them on financial lease (leasing) terms, under loans issued to these organizations for such purchases in the amount of the unfulfilled part of the obligations of legal entities that have acquired (acquiring) the rights and obligations of agricultural organizations , and agricultural organizations to these organizations for leasing payments in terms of the contract value of the leased asset in accordance with financial lease (leasing) agreements within the validity period of loan agreements, including installments in accordance with Decree of the President of the Republic of Belarus dated April 22, 2011 No. 170 “On some issues of payments for agricultural machinery” (National Register of Legal Acts of the Republic of Belarus, 2011, No. 49, 1/12508). The deferment is provided on the basis of applications submitted to banks specified organizations, petitions from legal entities that have acquired (acquire) the rights and obligations of agricultural organizations for a deferment and business plans for the development of these legal entities approved by the regional executive committees, which set deadlines for the fulfillment of obligations subject to deferment. The provision of a deferment is formalized by making appropriate changes and (or) additions to the loan agreements. After the expiration of the deferment period, repayment of deferred obligations on the principal debt of loans is carried out within the validity period of the loan agreements. 2. Establish that:
2.1. The deferment is provided in relation to the amount of the unfulfilled part of the obligations of legal entities that have acquired (acquired) the rights and obligations of agricultural organizations, and agricultural organizations formed as of the date:
State registration a newly emerged legal entity - when reorganizing a legal entity in the form of a merger with an agricultural organization;
State registration of the purchase, gratuitous transfer of an enterprise as a property complex of an agricultural organization - upon purchase, gratuitous transfer of an enterprise as a property complex;
Entry into the Unified State Register of Legal Entities and individual entrepreneurs records on the termination of the activities of an agricultural organization - during the reorganization of a legal entity in the form of annexation of an agricultural organization to it;
2.2. during the entire period of granting the deferment, interest on the amounts of obligations on the loans named in paragraph 1 of this Decree is accrued and paid in the manner and in the amounts provided for by acts of legislation and loan agreements in accordance with which the loans were issued;
2.3. compensation for losses (reimbursement of interest) on bank loans, the repayment terms of which have been changed in connection with the provision of a deferment, during the entire period of its provision, is made in the manner and in the amounts established by acts of legislation in relation to a specific legal entity that has acquired the rights and obligations of agricultural organizations, and agricultural organizations, within the funds provided respectively in the republican and local budgets for compensation (reimbursement) of part of the interest on bank loans issued for the sale of government programs and events in the agro-industrial complex for the next financial year;
2.4. sales turnover from January 1, 2014 to December 31, 2016 of enterprises as property complexes of agricultural organizations are not recognized as objects of taxation by value added tax, and the cost of enterprises received free of charge during the specified period as property complexes of agricultural organizations is not included in non-operating income of legal entities persons who have acquired the rights and obligations of agricultural organizations for tax purposes;
2.5. legal entities that have acquired the rights and obligations of agricultural organizations have the right, over the next four calendar years, starting from the year in which the date established in accordance with subclause 2.1 of this clause falls, reduce tax base income tax on the amount Money:
Directed by them to the acquisition of raw materials, agricultural machinery, equipment and spare parts for them, capital structures (buildings, structures) specialized for agricultural purposes, other property directly related to the production of crops, livestock, beekeeping, fish farming, with the gratuitous transfer of this property to those created on database of agricultural organizations, organizations or branches or other separate divisions that have a separate balance sheet, for which, in order to carry out transactions by legal entities that have acquired the rights and obligations of agricultural organizations, a bank account is opened with the right to dispose of funds in the account to officials of separate divisions (hereinafter referred to as established organizations and branches);
Directed by them to carry out construction work (including modernization and reconstruction) of capital structures (buildings, structures) specialized for agricultural purposes, for the modernization and reconstruction of agricultural machinery and equipment for established organizations and branches;
Transferred free of charge to established organizations and branches for the acquisition of property specified in paragraph two of this subparagraph and the performance of work specified in paragraph three of this subparagraph; 2.6. Banks have the right, in the manner established by them, to defer (installment plan) debt on the principal debt of organizations in the agro-industrial complex* on loans provided to finance government programs and activities in the agro-industrial complex. At the same time, the deferment (installment plan) of debt is carried out by banks based on the results of an assessment of the business plan of the organization of the agro-industrial complex. ______________________________
* For the purposes of this Decree, organizations of the agro-industrial complex are understood as legal entities, including their separate divisions, the main activities of which are the production of agricultural products, fish farming, procurement and processing of agricultural products produced in the Republic of Belarus, the provision of services in the field of crop production and livestock farming, as well as veterinary, reclamation and maintenance services Agriculture.
3. Legal entities that have acquired (acquire) the rights and obligations of agricultural organizations have the right, within a six-month period from the date established in accordance with subclause 2.1 of clause 2 of this Decree, to contact the relevant banks, landlords (lessors) with an application (petition) for a deferment in in accordance with subclause 1.1, as well as taking into account the provisions of subclause 1.2 of clause 1 of this Decree.
4. Contribution by organizations of the agro-industrial complex of amounts to repay payments made from the republican budget in accordance with guarantees of the Government of the Republic of Belarus and from local budgets in accordance with guarantees of local executive and administrative bodies before January 1, 2014, and interest accrued on them on 1 January 2014, is made to the relevant budget for no more than 36 months, starting from the date of entry into force of this Decree, and payments that will be made in the period from 2014 to 2016 - for no more than 36 months, starting from the month , following the month in which the guarantee was executed, in accordance with the schedule agreed with the authorities that executed the guarantee, with interest charged on the amount owed:
In Belarusian rubles - in the amount of 1/3 of the refinancing rate of the National Bank established on the day of making the payment to repay the debt;
In foreign currency - in the amount of 1/3 of the average interest rate on time bank deposits (deposits) of legal and individuals in freely convertible currency established in the month preceding the reporting one*, but not less than the amount determined by the law on the republican budget for the next financial year. ______________________________
* The average interest rate is determined based on the data of the National Bank posted on its official website in the global computer network Internet in the section “Statistics - Dynamics of average interest rates of the financial market.”
Amounts of payments to repay the installment debt on the principal debt and interest specified in paragraph one of part one of this paragraph, not paid within the time limits established by the schedule, are collected by the banks that issued the loan, charging interest on the amount of debt not repaid on time (without paying interest, accrued on the specified debt in the amounts determined in part one of this paragraph):
In Belarusian rubles - in the amount of the refinancing rate of the National Bank established on the day of making the payment to repay the debt;
In foreign currency - in the amount of the average interest rate on time bank deposits of legal entities and individuals in freely convertible currency established in the month preceding the reporting month, but not less than the amount determined by the law on the republican budget for the next financial year.
Interest is accrued on the amount of the installment debt on the principal debt and interest specified in paragraph one of part one of this paragraph, and is paid simultaneously with payments made towards its repayment. When calculating the amount of interest, the amount calendar days in a year is taken to be equal to 360, in a month - 30. The amounts of payments to repay the installment debt on the principal debt and interest specified in paragraph one of part one of this paragraph, and interest not paid within the time limits established by the schedule, are collected by the banks that issued the loan, indisputably order from the accounts of borrowers (with the exception of correspondent accounts, charitable accounts opened for the deposit (receipt) of foreign gratuitous assistance in the form of funds, including in foreign currency, special accounts opened in accordance with legislative acts, the operating mode of which does not allow collection indisputably, as well as accounts for accounting of budgetary funds of the state treasury and local budgets).
For each day of delay, penalties in the amount of 1/360 of the refinancing rate of the National Bank established on the day of making the said payments are accrued on the amount of the outstanding installment debt, until they are paid, including the day of transfer of these payments to the budget.
Collection of outstanding installment debt, debt on interest and penalties specified in parts two and five of this paragraph is carried out on the basis of decisions of banks with their transfer to the appropriate budget.
If there are insufficient funds to fully fulfill the obligation to repay the debt, the principal amount is repaid first, interest second, and penalties third.
5. When returning payments in accordance with paragraph 4 of this Decree, the requirements established in paragraph 4 of Decree of the President of the Republic of Belarus dated June 30, 2008 No. 359 “On certain issues of providing guarantees of the Government of the Republic of Belarus for loans issued by banks of the Republic of Belarus” ( National Register of Legal Acts of the Republic of Belarus, 2008, No. 160, 1/9845) and paragraph 12 of the Regulations on the procedure for providing guarantees of the Government of the Republic of Belarus for loans issued by banks of the Republic of Belarus, approved by Decree of the President of the Republic of Belarus dated June 30, 2008 No. 359 .
6. Guarantees of the Government of the Republic of Belarus, local executive and administrative bodies, provided in the prescribed manner for loans issued by banks to organizations of the agro-industrial complex, remain valid in relation to legal entities that have acquired the rights and obligations of such organizations.
At the same time, no changes are required to the decisions on providing guarantees of the Government of the Republic of Belarus, local executive and administrative bodies, as well as to the legislative acts on the basis of which such loans were issued.
Within five working days from the date of acquisition of the rights and obligations of organizations of the agro-industrial complex, the legal entities specified in part one of this paragraph shall notify the Ministry of Finance and (or) the relevant local executive and administrative body in writing, and also inform the banks that provided such loans.
7. Make changes and additions to the following decrees of the President of the Republic of Belarus:
7.1. from part two of subclause 1.2 of clause 1 of the Decree of the President of the Republic of Belarus of February 28, 2008 No. 139 “On financing in 2008 the Republican program for equipping agricultural production modern technology for 2005–2010” (National Register of Legal Acts of the Republic of Belarus, 2008, No. 55, 1/9519) delete the words “monthly in equal shares”;
7.2. from the second part of paragraph 2 of the Decree of the President of the Republic of Belarus of June 13, 2008 No. 332 “On the construction of dairy farms” (National Register of Legal Acts of the Republic of Belarus, 2008, No. 146, 1/9799), the words “monthly in equal shares” should be deleted;
7.3. from part three of paragraph 1 of the Decree of the President of the Republic of Belarus of June 17, 2008 No. 343 “On the provision of credit resources for the construction, reconstruction, technical re-equipment and repair of production facilities of the agro-industrial complex” (National Register of Legal Acts of the Republic of Belarus, 2008, No. 148 , 1/9809) delete the words “monthly in equal shares”; 7.4. from part two of subclause 1.2 of clause 1 of the Decree of the President of the Republic of Belarus of January 13, 2009 No. 36 “On financing in 2009 the Republican program for equipping agricultural production with modern equipment for 2005–2010” (National Register of Legal Acts of the Republic of Belarus, 2009, No. 16, 1/10408) delete the words “monthly in equal shares”;
7.5. from subparagraph 1.2 of paragraph 1 of the Decree of the President of the Republic of Belarus of December 17, 2009 No. 640 “On financing in 2010 the Republican program for equipping agricultural production with modern equipment for 2005–2010” (National Register of Legal Acts of the Republic of Belarus, 2009, No. 304 , 1/11225) delete the words “monthly in equal shares”;
7.6. from paragraph two of part three of paragraph 1 of the Decree of the President of the Republic of Belarus dated June 14, 2010 No. 303 “On some issues of financing the construction of agricultural facilities” (National Register of Legal Acts of the Republic of Belarus, 2010, No. 146, 1/11705) the words “ monthly in equal shares” delete;
7.7. in the Decree of the President of the Republic of Belarus of September 14, 2010 No. 480 “On some issues of development of the dairy industry” (National Register of Legal Acts of the Republic of Belarus, 2010, No. 223, 1/11956; 2011, No. 129, 1/13077 ):
In point 1:
In part one:
The words “in 2010–2025” should be replaced with the words “in 2010 and in subsequent years during the period of accrual of interest for the use of loans”;
The words “determined by the regional executive committees, the Minsk City Executive Committee and the Ministry of Agriculture and Food” should be replaced with the words “annually approved by the Council of Ministers of the Republic of Belarus”;
In part two, the words “in 2011–2025” should be replaced with the words “in 2011 and in subsequent years during the period of accrual of interest for the use of loans”;
In part three:
Paragraph two should be worded as follows:
“for a period not exceeding the payback period for the objects specified in part one of this paragraph, in accordance with the developed business plans. At the same time, the start dates for repayment of loans are determined in the concluded loan agreements in accordance with business plans, and the reflection of debt on loans in the event of an extension of the repayment period is carried out in accounts for the accounting of urgent debts of banks;”;
In paragraph three, replace the words “in the amount of 1.5 percent per annum” with the words “in the amount in accordance with the concluded loan agreements without changing such amounts upward during the period of payment of interest for the use of loans”;
In point 3:
In part one, the words “in 2010–2025” should be replaced with the words “during the period of compensation to banks for part of the interest in accordance with paragraph 1 of this Decree”;
In part three, replace the words “by no more than 1.5 percentage points of margin” with the words “by percentage points in the amount specified in the loan agreement”;
In subclause 5.2 of clause 5 and subclause 6.2 of clause 6, replace the words “for 2011–2025” with the words “for 2011 and subsequent years”;
The words “in 2010–2025” should be deleted from the title of the appendix to this Decree;
7.8. from subparagraph 3.2 of paragraph 3 of the Decree of the President of the Republic of Belarus of January 24, 2011 No. 35 “On the Republican program for equipping agricultural organizations with modern technology and equipment, construction, repair, modernization of production facilities of these organizations for 2011–2015” (National Register of Legal Acts Republic of Belarus, 2011, No. 12, 1/12321) delete the words “monthly in equal shares”;
7.9. from paragraph 1 of the Decree of the President of the Republic of Belarus of April 22, 2011 No. 170 “On some issues of payments for agricultural machinery” (National Register of Legal Acts of the Republic of Belarus, 2011, No. 49, 1/12508), the words “monthly in equal shares” should be deleted ; 7.10. in the Decree of the President of the Republic of Belarus of June 20, 2011 No. 256 “On additional measures for the implementation of state programs in the field of agriculture” (National Register of Legal Acts of the Republic of Belarus, 2011, No. 71, 1/12621; 2012, No. 48, 1/13465; in paragraph 1:
In part one:
After the word “banks”, add the words “as well as OJSC Development Bank of the Republic of Belarus” (at the expense of funds raised at the market rate, including by issuing bonds) (hereinafter referred to as banks)”;
Add the following sentence to the part: “The list of organizations that can obtain loans in accordance with this Decree is annually approved by the Council of Ministers of the Republic of Belarus.”;
In part two:
In paragraph one, the words “but for no more than 12 years, during construction, reconstruction, modernization and technical re-equipment of flax industry organizations - no more than 15 years” are replaced with the words “the start date for loan repayment is determined in the concluded loan agreements in accordance with the business plans";
In paragraph two, the words “in accordance with the concluded loan agreements” should be replaced with the words “the refinancing rate of the National Bank, increased by percentage points, the amount of which is determined in accordance with the concluded loan agreements, without changing the percentage points upward during the period of payment of interest for use loans";
Add part three to the paragraph as follows:
“Reflection of debt on loans in the event of an extension of its repayment period is reflected in the accounts for accounting for urgent debt of banks.”;
Clause 3 should be stated as follows:
"3. Compensate banks for losses on loans provided in accordance with paragraph 1 of this Decree at the expense of the republican budget (unless otherwise established by legislative acts) within the limits of the total expenses provided for in the budget for the current financial year for these purposes, in the amounts according to the appendix to this Decree.";
In point 4:
In paragraph two, the words “year”, “paragraph 3 of this Decree” should be replaced, respectively, with the words “until 2016”, “by this Decree”;
Add paragraph four as follows:
“when forming draft republican budgets for 2015 and subsequent years, provide funds to compensate banks for losses on loans provided in accordance with paragraph 1 of this Decree.”;
The appendix to this Decree is stated in new edition(attached);
7.11. from subparagraph 2.2 of paragraph 2 of the Decree of the President of the Republic of Belarus of January 4, 2012 No. 1 “On the volumes and sources of financing in 2012 of the Republican program for equipping agricultural organizations with modern technology and equipment, construction, repair, modernization of production facilities of these organizations for 2011–2015 years" (National Register of Legal Acts of the Republic of Belarus, 2012, No. 4, 1/13201) delete the words "monthly in equal shares";
7.12. delete from subparagraph 1.2 of paragraph 1 of the Decree of the President of the Republic of Belarus dated April 2, 2013 No. 143 “On the volumes and sources of financing in 2013 for the purchase of modern agricultural machinery and equipment” (in shares).
8. To the Council of Ministers of the Republic of Belarus within three months:
8.1. ensure that legislative acts are brought into compliance with this Decree;
8.2. take other measures to implement this Decree. 9. Regional executive committees:
9.1. together with the Ministry of Agriculture and Food, determine and, if necessary, revise the lists of agricultural organizations, the rights and obligations of which are expected to be transferred in the prescribed manner as a result of reorganization (in the form of merger, accession), purchase, gratuitous transfer of enterprises as property complexes to legal entities in 2014–2016 years;
9.2. ensure approval of business plans for the development of legal entities that have acquired the rights and obligations of agricultural organizations.
10. Banks, together with organizations that have entered into loan agreements in accordance with the decrees of the President of the Republic of Belarus, listed in paragraph 7 of this Decree, bring loan agreements that were not executed before the entry into force of this Decree into compliance with this Decree.
11. Responsibility for the implementation of this Decree shall be assigned to the Deputy Prime Minister of the Republic of Belarus, who is in charge of issues of the agro-industrial complex, the chairmen of the regional executive committees and the Minsk City Executive Committee.
12. Grant the right to explain issues of application of this Decree to the Council of Ministers of the Republic of Belarus.
13. This Decree comes into force after its official publication. President of the Republic of Belarus A. Lukashenko
In order to ensure compensation for damage caused environment:
1. Establish that:
1.1. the amount of compensation for damage caused to the environment is determined in accordance with the rates in accordance with Appendices 1–8 to this Decree;
1.2. to determine the amount of compensation for damage:
1.2.1. in case of harm to the environment by the release of a pollutant into the atmospheric air, associated with a violation of requirements in the field of environmental protection, other violation of the law, except for that received from a stationary source of emissions of pollutants into the atmospheric air, to the rates established in Appendices 1 and (or) 2 to this Decree, coefficients are applied in accordance with Appendix 9 depending on the number of residents of the locality where such a release was made;
1.2.2. upon degradation:
lands adjacent to Minsk, regional centers, other cities and urban-type settlements, the rates established in Appendices 4 and (or) 5 to this Decree are applied to the coefficients in accordance with Appendix 10;
lands of environmental, health, recreational and historical and cultural purposes, a coefficient of 2 is applied to the taxes established in Appendices 4 and (or) 5 to this Decree;
forest lands occupied by specially protected forest areas, a coefficient of 2 is applied to the taxes established in Appendix 5 to this Decree;
lands of cities and urban-type settlements, lands of industry, transport, communications, defense and other purposes outside populated areas, a tax is applied equal to the cadastral value of land plots based on cadastral valuation materials approved by the relevant local executive and administrative bodies, using a coefficient for a low degree of degradation these lands - 0.25, medium - 0.5, high - 0.75, very high - 1, but not lower than the rates established in Appendix 4 to this Decree;
agricultural lands for agricultural purposes, to the taxes established in Appendix 4 to this Decree, a coefficient is applied equal to the ratio of the soil fertility score of the degraded plot of land to the average fertility score in the republic;
lands (including soils) in the form of their contamination with chemicals and other substances, depending on the depth of contamination, the coefficients in accordance with Annex 11 are applied to the rates established in Appendices 4 and (or) 5 to this Decree;
lands (including soils) as a result of waste disposal outside authorized locations or without permission for storage and disposal of industrial waste, a coefficient of 15 is applied to the rates established in Appendix 4 to this Decree.
Land degradation (including soil) refers to a decrease in the quality of land as a result of the harmful effects of economic and other activities associated with violation of requirements in the field of environmental protection and other legislation.
The procedure for calculating the amount of compensation for damage caused to the environment, which also establishes the types and indicators of land degradation (including soils), is approved by the Council of Ministers of the Republic of Belarus;
1.2.3. in case of a burst or steady discharge of a pollutant into a water body used for fishing purposes, centralized or non-centralized household and drinking water supply to the population, as well as water supply to food enterprises, a coefficient of 1 is applied to the rates established in Appendices 6 and (or) 7 to this Decree ,38;
1.2.4. in case of a burst or steady discharge of a pollutant into the waters, for which a standard for the maximum permissible concentration of chemicals and other substances in the water of fishery water bodies is less than 1 mg/dm3, with the exception of organic substances expressed in terms of biochemical oxygen consumption for five days (BOD5) , suspended substances, petroleum products and detergents, to the rates established in Appendices 6 and (or) 7 to this Decree, coefficients of the relative danger of the substance are applied, equal to inversely proportional to the value of the established standard for the maximum permissible concentration of chemicals and other substances in the water of fishery water bodies;
1.2.5. in case of a burst or steady discharge of a pollutant into groundwater, a coefficient of 3 is applied to the rates established in Appendices 6 and (or) 7 to this Decree.
A salvo discharge of a pollutant includes the discharge of a pollutant into waters containing Wastewater in a concentration 100 or more times higher than the established permissible concentration of pollutants in wastewater, or the discharge of pollutants in the absence of a permissible concentration of a pollutant in wastewater established for them in accordance with legislation, as well as the discharge of pollutants into water bodies resulting from an accident or incident.
An established discharge of a pollutant includes any discharge of a pollutant into waters as part of wastewater, which is not a burst discharge, associated with a violation of environmental protection requirements, or other violation of the law;
1.2.6. in case of destruction or damage on forest lands of forest drainage ditches and drainage systems (dryers, collectors, main canals), roads (asphalt concrete, cement concrete, tarmac, cobblestone, crushed stone, gravel, soil, improved soil), engineering structures on forest drainage canals, drainage systems and roads (bridges, pipes, pipe-crossings, pipe-regulators, sluices), double the cost of restoration work on the day of detection of the specified damage is taken;
1.2.7. when causing damage to trees, shrubs and other vegetation (plantings) located within the boundaries of specially protected natural areas or in relation to which restrictions or prohibitions have been established in the field of handling flora objects, trees and shrubs (plantings) not included in the forest fund and not located on the lands of populated areas, forests of especially valuable areas of the forest fund, having genetic, scientific, historical and cultural significance, forests of forest park parts of green zones, forests of the first and second zones of sanitary protection zones of water supply sources, resort and anti-erosion forests to the rates established in In paragraphs 1–3 of Appendix 8 to this Decree, a coefficient of 2 is applied, for the remaining forests of the first group - a coefficient of 1.5.
Trees that are not damaged to the point of cessation of growth include trees with a broken top (2 annual growth or more, up to 1/3 of the crown length), a slope from 10 to 30 degrees, a crown shaved from 1/3 to 1/2 of its length ( circumference), stripping the bark with damage to the bast with a width of 20 to 50 percent of the trunk circumference.
Trees damaged to the point of cessation of growth include trees with a broken trunk, a slope of more than 30 degrees (including fallen ones), a crown stripping of more than 1/2 of its length (circumference), stripping of the bark with damage to the bast of more than 50 percent of the trunk circumference;
1.3. the amount of compensation for damage caused to the environment as a result of the illegal seizure or destruction of wild animals and harmful effects on their habitat is determined by taxes in accordance with Decree of the President of the Republic of Belarus of December 8, 2005 No. 580 “On some measures to improve the efficiency of hunting economy and fishery activities, improvement government controlled them" (National Register of Legal Acts of the Republic of Belarus, 2005, No. 196, 1/6996);
1.4. if the rates are not established by the President of the Republic of Belarus, compensation for damage caused to the environment is carried out by the person responsible for causing it, based on the actual costs of restoring the damaged state of the environment, taking into account the losses incurred, including lost profits;
1.5. for emissions of pollutants into the atmospheric air, discharges of wastewater or pollutants into the environment, disposal of industrial waste produced in excess of established limits or without established limits in cases determined by law, compensation for damage caused to the environment is not carried out, but a tax is charged for use of natural resources (environmental tax) in the amount and manner provided for by tax legislation.
2. The Council of Ministers of the Republic of Belarus, within three months, ensures that legislative acts are brought into compliance with this Decree.
3. This Decree comes into force on July 1, 2008, with the exception of paragraph 2 and this paragraph, which come into force on the date of official publication of this Decree.
President of the Republic of Belarus A. Lukashenko
07/09/2016
Based on the referendum on the issue of relations between the Pridnestrovian Moldavian Republic with the Russian Federation and the Republic of Moldova, held on September 17, 2006, according to which 97.2% of citizens who took part in the vote supported the course of independence of the Pridnestrovian Moldavian Republic and the subsequent free accession of Transnistria to Russian Federation, taking into account Resolution of the State Duma of the Federal Assembly of the Russian Federation of October 6, 2006 No. 3560-4 GD “On the statement of the State Duma of the Federal Assembly of the Russian Federation “On the results of the referendum in Transnistria on September 17, 2006”, sent to the President of the Russian Federation V.V. Putin, to the Federation Council of the Federal Assembly of the Russian Federation, the Government of the Russian Federation, the Parliamentary Assembly of the Organization for Security and Cooperation in Europe, the Parliamentary Assembly of the Council of Europe, the Parliament of the Republic of Moldova, the Supreme Council of Transnistria, guided by Article 1 of the Constitution of the Pridnestrovian Moldavian Republic, which proclaims the people as the bearer of sovereignty and the only source of power in the Pridnestrovian Moldavian Republic, and a referendum is the highest direct expression of the power of the people, on the basis of Article 59 of the Constitution of the Pridnestrovian Moldavian Republic, in order to implement the will of the people of Transnistria to freely join the Russian Federation, in the context of the priority of foreign policy on the Eurasian integration of Pridnestrovie
P osition:
1. Based on the referendum, determine the fundamental direction domestic policy Pridnestrovian Moldavian Republic bringing the legal system of Transnistria into conformity with the federal legislation of the Russian Federation.
2. Organs state power Pridnestrovian Moldavian Republic and authorities local government direct their law-making powers to the implementation and strict observance of the expressed will of the people of the Pridnestrovian Moldavian Republic in matters of implementation of financial, economic, tax and customs policies, social security, healthcare, education and other areas of public life.
3. Establish that the fundamental principle of the exercise by public authorities of the Pridnestrovian Moldavian Republic of law-making powers to bring the legislation of the Pridnestrovian Moldavian Republic into conformity with the federal legislation of the Russian Federation is an integrated approach, excluding inconsistent or selective reception of legal norms of the federal legislation of the Russian Federation.
4. Legal acts issued during the implementation of law-making powers that contradict the basic fundamental principles of the federal legislative regulation of legal relations in the Russian Federation, issued in violation of the will of the people of the Pridnestrovian Moldavian Republic and not subject to application.
5. The Government of the Pridnestrovian Moldavian Republic, with the involvement of experts from the Supreme Council of the Pridnestrovian Moldavian Republic, the judicial community of the Pridnestrovian Moldavian Republic, within 2 weeks from the date of adoption of this Decree, create a State Commission to bring the legislation of the Pridnestrovian Moldavian Republic into compliance with the federal legislation of the Russian Federation and within no time later than November 1, 2016, submit for approval to the President of the Pridnestrovian Moldavian Republic a plan to bring the legislation of the Pridnestrovian Moldavian Republic into compliance with the federal legislation of the Russian Federation and the timing of its implementation.
6. The Government of the Pridnestrovian Moldavian Republic shall coordinate the work of executive bodies of state power to bring by-laws on matters of jurisdiction into conformity with harmonized legislative acts.
7. Responsibility for the implementation of this Decree shall be assigned to the heads of government bodies of the Pridnestrovian Moldavian Republic and local government bodies.
8. Control over the implementation of this Decree is entrusted to the Chairman of the Government of the Pridnestrovian Moldavian Republic P.N. Prokudin.
PRESIDENT E. SHEVCHUK
Tiraspol
RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT MAKING CHANGES
IN THE LABOR CODE OF THE RUSSIAN FEDERATION IN PART
FEATURES OF LABOR REGULATION OF PERSONS WORKING
EMPLOYERS - SMALL BUSINESS ENTITIES,
WHICH ARE CLASSIFIED AS MICRO ENTERPRISES
Introduce into the Labor Code of the Russian Federation (Collected Legislation of the Russian Federation, 2002, N 1, Art. 3; 2004, N 35, Art. 3607; 2006, N 27, Art. 2878; 2008, N 9, Art. 812; N 30 , Art. 3616; N 52, Art. 6236; 2009, N 30, Art. 3739; N 46, Art. 5419; 2010, N 52, Art. 7002; 2011, N 1, Art. 49; N 25, Art. 3539; N 49, Art. 7031; 2012, N 10, Art. 1164; N 14, Art. 1553; N 31, Art. 4325; N 47, Art. 6399; N 50, Art. 6954, 6959; N 53, Art. 7605; 2013, N 14, Art. 1666, 1668; N 19, Art. 2329; N 23, Art. 2866, 2883; N 27, Art. 3477; N 48, Art. 6165; N 52, Art. 6986; 2014, N 14, Art. 1542, 1547, 1548; N 19, Art. 2321; N 23, Art. 2930; N 30, Art. 4217; N 49, Art. 6918; N 52, Art. 7543, 7554; 2015, N 1, art. 10, 42, 72; N 27, art. 3992; N 29, art. 4363, 4368; N 41, art. 5639; 2016, N 1, art. 11) amendment , adding Chapter 48.1 with the following content:
"Chapter 48.1. FEATURES OF LABOR REGULATION
PERSONS WORKING FOR EMPLOYERS - SMALL ENTITIES
ENTERPRISE CLASSIFIED AS MICRO ENTERPRISES
Article 309.1. General provisions
Employers - small businesses (including employers - individual entrepreneurs), which in accordance with federal law are classified as micro-enterprises (hereinafter referred to as employers - small businesses that are classified as micro-enterprises), have regulation labor relations and other directly related relations are carried out taking into account the specifics established by this chapter.
If the employer has ceased to be a small business entity, which is classified as a micro-enterprise, and appropriate changes have been made to the information about it in the unified register of small and medium-sized businesses, no later than four months from the date of the relevant changes in single register small and medium-sized businesses, the regulation of labor relations and other directly related relations with a given employer must be carried out in accordance with labor legislation and other regulatory legal acts, containing norms labor law, without taking into account the features established by this chapter.
Article 309.2. Regulation of labor relations and other directly related relations with the employer - a small business entity, which is classified as a micro-enterprise, local regulations, containing labor law norms, and employment contracts
An employer who is a small business entity classified as a micro-enterprise has the right to refuse, in whole or in part, from adopting local regulations containing labor law norms (internal labor regulations, regulations on remuneration, regulations on bonuses, shift schedules, etc.). At the same time, in order to regulate labor relations and other directly related relations, the employer - a small business entity, which is classified as a micro-enterprise, must include in employment contracts with employees conditions regulating issues that, in accordance with labor legislation and other regulatory legal acts containing norms labor law must be regulated by local regulations. These employment contracts are concluded on the basis standard form employment contract, approved by the Government of the Russian Federation taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations."
Real the federal law comes into force one hundred and eighty days after the day of its official publication.
The president
Russian Federation
V. PUTIN
The need to finalize decrees of July 17, 2014 No. 347 “On State Agrarian Policy”, No. 348 “”, No. 349 “”, No. 350 “” was discussed today at a joint meeting of the chambers of the National Assembly of the Republic of Belarus.
Deputy Prime Minister of Belarus Mikhail Rusy noted that the increase in the number of unprofitable agricultural enterprises amounted to 15% of their total number. Their financial liabilities increased by 19% by the beginning of the year, and overdue debts increased by 35%.
He also said that in 2011–2015, 274 trillion were attracted to the agricultural sector. rubles, of which 187 trillion. rubles (almost 70%) - on a general basis. In 2015, there were about 42 trillion of such loans. Their cost, depending on the bank, reaches 36-40% per annum. Agricultural organizations spent 24% of revenue from product sales in January-August to repay loans and pay bank interest, and about 43% by processing enterprises.
Therefore, it is proposed to make a proposal for some changes and additions to Decree No. 348 so that the possibility of debt restructuring also applies to loan servicing (accrued interest).
Minister of Agriculture and Food Leonid Zayats named the huge amount of credit resources that were attracted in 2011–2014 to modernize the agro-industrial complex as one of the reasons for the ineffective operation of agriculture.
The Minister sees the fight against the high debt burden of agricultural enterprises as one of the ways to increase the efficiency of agriculture and the economy as a whole. He clarified that the agro-industrial complex has 1.8 trillion. rubles of overdue loans from banks (Belagroprombank, Belarusbank and Development Bank of the Republic of Belarus), as well as 2.2 trillion. rubles of overdue interest on borrowed loans.
“Decree No. 348, which seemed to plan to resolve all the problems of the agro-industrial complex in relation to finance, did not work as effectively as we wanted,”- said Leonid Zayats and emphasized that large arrears for unpaid interest paralyze agricultural enterprises and do not give them the opportunity to liquidate debts on investment loans.
“It is necessary that the country takes on these heavy interests and somehow eases the fate of agricultural producers,– he continued. – It is necessary to find these funds in order to successfully compete with Russia and Kazakhstan, with whom we are today in the Common Economic Space. Heavy loans must be replaced with soft ones, at no more than 3-4%.”
To successfully overcome the current situation, the Minister added, it is necessary to liquidate all unprofitable enterprises: through controlled liquidation, reorganization, pre-trial rehabilitation, and finding an effective owner.
Leonid Zayats also advocated for agricultural managers to have more freedom in decision-making. “It seems possible to consider for successfully operating farms whose managers provide them with effective work, vesting managers with a certain block of shares on behalf of the state,”– the Minister added. It is proposed to do the same with those managers who can turn currently unprofitable enterprises into profitable ones and ensure positive dynamics of economic development within five years. "Concerning government agencies management, it is necessary to distinguish between the functions of economic and public administration,”– believes the Minister of Agriculture and Food and adds that it is necessary to give the opportunity to the owners of agricultural enterprises to use their profits to buy back a stake held by the state. At the same time, a benefit may be provided for owners of particularly successful enterprises.
“We need to form owners so that the agro-industrial complex develops more efficiently. Believe me, we have many young people who are ready to try themselves in agribusiness. And we need to create conditions for them,”– called Leonid Zayats and said that Decrees No. 347, 348, 349, 350 need to be finalized taking into account the proposals made at the meeting, “so that from 2016 it will be possible to have a substantive conversation about the efficiency of agriculture in the Republic of Belarus.”
The Chairman of the Council of the Republic also agrees that managers of agricultural enterprises need to be given more rights and powers Mikhail Myasnikovich.
According to the National Center for Legal Information of the Republic of Belarus
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