PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of March 21, 2018 No. 112

About hunting and maintaining hunting economy

For the purpose of carrying out single state policy, ensuring economic interests of the state in the field of maintaining hunting economy, enhancement of public administration by it, and also reproduction, protection and rational use of the wild animals belonging to subjects to hunting:

1. Determine that:

1.1. The ministry of forestry carries out single state, including scientific and technical, and performs policy in the field of maintaining hunting economy:

public administration by it in the territory of the Republic of Belarus;

preparation of projects of regulatory legal acts on regulation of maintaining hunting economy and hunting;

coordination of activities of republican state bodies, other organizations for maintaining hunting economy and hunting;

the organization of accounting of the wild animals belonging to subjects to hunting, participation in maintaining the state inventory and monitoring of fauna concerning the wild animals belonging to subjects to hunting;

approval of drafts of decisions of regional executive committees on provision in lease of hunting grounds, and also agreements of their lease;

the organization of issue of the state certificates on the hunting right;

interaction with republican state bodies, republican state public association "Belarusian society of hunters and fishers" (further - BOOR) concerning development of the tourist activities connected with hunting;

the resource management of hunting animals directed to reproduction, preserving, improvement and rational use of populations of hunting animals, and also to preserving and recovery of the circle of their dwelling;

international cooperation in the field of hunting economy and hunting;

other functions in the field of maintaining hunting economy and hunting according to the legislation;

1.2. the legal entities performing maintaining hunting economy represent the state statistical and departmental reporting in accordance with the established procedure;

1.3. creation of open-air cages for overexposure and hunting open-air cages is allowed based on the decision of district executive committee on lands of forest fund without seizure of land on condition of approval by land users of creation of such open-air cages.

Use of the parcel of land of forest fund for creation of open-air cages is not unauthorized occupation of the parcel of land and (or) its inappropriate use.

Creation of open-air cages, establishment of restrictions and prohibitions on their creation, content, cultivation and use in them wild animals, including carrying out captive hunting, are performed according to the procedure, established by Council of Ministers of the Republic of Belarus.

Open-air cages for overexposure are created for a period of up to one and a half years on total area no more than 20 hectares, hunting open-air cages - up to fifteen years on total area more than 100 hectares. The specified terms can be prolonged according to the procedure, established by Council of Ministers of the Republic of Belarus;

1.4. creation of biotechnical objects and okhotokhozyaystvenny constructions is performed without seizure of land from lands of forest fund on condition of approval by land users of creation of these objects and constructions.

Use of the parcel of land of forest fund for creation of such objects and constructions is not unauthorized occupation of the parcel of land and (or) its inappropriate use;

1.5. financing of expenses on maintaining hunting economy * is performed at the expense of own means of users of hunting grounds, receipt of funds from maintaining hunting economy of the organizations conducting forestry, payments for forest utilization and from realization of forest products, means republican and (or) local budgets, and also other sources which are not prohibited by the legislation.

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* Include expenses on financing of actions of state programs, public administration and activities in the field of protection, reproduction and rational (steady) use of resources of hunting animals and the organization of hunting.

2. Make in 2018-2021 experiment on fixing of hunting grounds to primary organizational structures of BOOR (further - experiment) in its district organizational structures (appendix).

The regulations on procedure for carrying out experiment affirm Council of Ministers of the Republic of Belarus.

3. Determine that during experiment:

3.1. primary organizational structures of BOOR on the hunting grounds assigned to them perform biotechnical, okhotokhozyaystvenny, security and other actions for the purpose of ensuring safety and building-up of number of hunting animals;

3.2. maintaining hunting economy in the fixed territories is performed by primary organizational structure of BOOR together with its district organizational structure based on the agreement of the fixing of the territory of hunting grounds concluded between district organizational structure of BOOR and members of its primary organizational structure participating in experiment;

3.3. the minimum number of members of primary organizational structure of BOOR participating in experiment is established by board of the BOOR Republican council;

3.4. implementation of hunting permits to permission to production of hunting animal (further if other is not established, - permission) and hunting permits to the members of primary organizational structure of BOOR who signed the agreement of fixing of the territory of hunting grounds and satisfying its conditions by personal participation in the actions held according to subitem 3.1 of this Item providing increase in productivity of hunting grounds, and (or) financings of such actions is made without collection of payment;

3.5. on the district organizational structures of BOOR participating in experiment, action of Item 24 of the Rules of maintaining hunting economy approved by this Decree does not extend.

4. Approve:

Rules of hunting (are attached);

Rules of maintaining hunting economy (are attached).

5. Grant to Council of Ministers of the Republic of Belarus the right in coordination with the State inspection of protection of animal and flora in case of the President of the Republic of Belarus to explain questions of application of this Decree.

Appendix

to the Presidential decree of the Republic of Belarus of March 21, 2018 No. 112

The list of district organizational structures of BOOR in which in 2018-2021 the experiment is made

1. "Dokshitsky District Organizational Structure" organization.

2. "Dubrovensky District Organizational Structure" organization.

3. "Kalinkovichsky District Organizational Structure" organization.

4. "Kirov District Organizational Structure" organization.

5. "Klichevsky District Organizational Structure" organization.

6. "Lidsky District Organizational Structure" organization.

7. "Maloritsky District Organizational Structure" organization.

8. "Mazyr District Organizational Structure" organization.

9. "Novogrudsky District Organizational Structure" organization.

10. "Pinsk District Organizational Structure" organization.

11. "Pukhovichsky District Organizational Structure" organization.

12. "Starodorozhsky District Organizational Structure" organization.

Approved by the Presidential decree of the Republic of Belarus of March 21, 2018 No. 112

Rules of hunting

Chapter 1. General provisions

1. These rules establish the legal basis of the organization and implementation of hunting for the territories of the Republic of Belarus.

2. In these rules terms in the values established by the Rules of maintaining hunting economy approved by the Decree which approved these rules, and also the following terms are applied:

leasable hunting grounds – the hunting grounds leased to legal entities and (or) free use for maintaining hunting economy;

bezruzheyny hunting – hunting without use of fire and (or) throwing hunting weapon;

the open-air cage – the fenced part of the territory intended for content, cultivation and use of wild animals in bondage;

captive hunting – attempt of production and (or) production of wild animals in hunting open-air cages by hunting methods;

the state body performing according to legal acts within the competence control of maintaining hunting economy and hunting – the State inspection of protection of animal and flora in case of the President of the Republic of Belarus;

production of hunting animal – withdrawal of hunting animal from the circle of its dwelling without preserving to it life;

fraction – metayemy element of the boss of smooth-bore firearms in the form of metal balls or elements of other form diameter up to 5 millimeters in (size) inclusive;

egersky services – range of services on the organization and carrying out hunting, including maintenance in the course of hunting of person having the right to hunting, participation from its consent in production of hunting animal and (or) training of the specified person in the course of hunting;

the beater – the hunter or the person who is not the hunter and reached sixteen-year age, making purposeful impact on hunting animal by its vspugivaniye and rutting in the course of hunting by the shelter for the purpose of its further production by the hunter (hunters) participating in this hunting;

the place prohibited for hunting – the territory which is not included in fund of hunting grounds, the territory of fund of hunting grounds which is not leased or free use, and the territory of leasable hunting grounds on which there are no allowing documents on the right of carrying out hunting, including rest zone;

individual hunting – the hunting conducted by one hunter independently or under the leadership of the head of hunting appointed the user of hunting grounds;

case-shot – metayemy element of the boss of smooth-bore firearms in the form of metal balls or elements of other form diameter more than 5 millimeters in (size) and not over millimeter 10,3;

collective hunting – the hunting which is carried out by collateral actions of group (two and more) hunters under the leadership of the head of hunting appointed the user of hunting grounds according to the hunting permit to permission;

amateur hunting – the hunting which is carried out for satisfaction of own needs of the hunter;

young growth – fingerling of hoofed hunting animal, and also individual of boar or bison (reserve gene pool) aged from one up to two years;

not normalized types of hunting animals – the types of hunting animals specified in the list according to appendix 1;

the normalized types of hunting animals – the types of hunting animals specified in the list according to appendix 2;

hunting tools – weapon, hunting dogs, hunting birds, traps and other traps, and also the cartridges used for hunting, transport and other means;

hunting – search, tracing, prosecution, attempt of production or production of the hunting animal living in conditions of natural freedom and also finding of person in hunting grounds and other habitats of hunting animal with hunting tools, except as specified, the these rules provided in Item 3, either attempt of production or production of wild animal and (or) the bird who is not hunting with use of tools and methods of hunting;

hunting from ambush – method of gun hunting in case of which the hunter who is in skradka, other shelter or construction (except spring hunting for woodcock on draft), expects the hunting animal who is freely moving in hunting grounds without purposeful impact of the person on the direction of movement of hunting animal or with its podmanivaniye to the place of ambush sound, visual and (or) zapakhovy baits;

hunting by the shelter – method of gun collective hunting in case of which the beater (beaters) exhausts (drives) hunting animal on the hunter (hunters) who is on the shooting line;

hunting on holes – hunting method in case of which the hunting animal is got from hole by means of hunting dog by gun or bezruzheyny method;

hunting from approach – method of gun hunting in case of which the hunter performs search of hunting animal and approach to it on shot distance from hunting weapon without use of the vehicle, including by interception or podkaraulivaniye of hunting animal on the way of its movement;

hunting from entrance – method of gun hunting in case of which search of hunting animal and approach to it on shot distance from hunting weapon using the vehicle is performed;

the hunter – the physical person having the right to hunting for the territories of the Republic of Belarus according to part one of Item 5 of these rules;

the hunting open-air cage – the fenced part of the territory intended for content, cultivation and use of wild animals in bondage including by carrying out captive hunting;

hunting day – day of the week in which the organization and carrying out hunting for hunting animal are allowed;

hunting tour – the organization of hunting for the agreement of rendering tourist services for the individual or group of persons during the certain period with provision of range of services (egersky and others);

hunting animals (subjects to hunting) are the wild animals specified in appendices 1 and 2;

hunting trophies – the canines, horns forming whole with skull or its part (frontal bone), skulls, skins of hunting animals which can be estimated according to the procedure, determined by the Ministry of forestry;

the user of hunting grounds – the legal entity who signed the lease agreement of hunting grounds or received hunting grounds in free use;

hunting products – the got wild animals, their parts and (or) derivatives, and also the died wild animals, their parts and (or) derivatives, cutting, movement and (or) use of which are made in hunting grounds, in other habitats of the specified animals, on roads;

trade hunting – the hunting which is carried out for use of products of hunting in economic activity of the user of hunting grounds;

bullet – metayemy element of the boss of cut firearms, and for smooth-bore firearms – metayemy element of the boss in the form of metal ball (balls) or element (elements) of other form diameter (size) of more 10,3 of millimeter;

cutting of products of hunting – nutrovka (removal of internals), removal of skin, cutting on parts or department of parts of carcass of wild animal;

gun hunting – hunting with use of fire and (or) throwing hunting weapon;

the head of hunting – the official of the user of hunting grounds or according to the decision of the user of hunting grounds the hunter having special professional training in the field of maintaining hunting economy or experience of hunting at least five years and not having criminal record for making of intentional crimes, other crimes connected with use or use of weapons or explosives, crimes against ecological safety, the environment and procedure for environmental management, and also who is considered according to the legislation which was not exposed to administrative punishment for abuse of regulations of maintaining hunting economy and hunting;

the head of firing practice – the official of the user of hunting grounds who is responsible for observance of security measures in places for adjustment fire of hunting weapon;

daylight – the period which begins in one hour prior to sunrise and comes to an end one hour later after sunset;

fingerling – wild hoofed animal aged up to one year;

hunting season – the period of year during which hunting for hunting animals of certain type is resolved (spring, aestivo-autumnal, autumn and winter);

skradok – the shelter (tent, hole, barrel and so forth) built and (or) used by the hunter providing at least from two parties finding of the hunter, imperceptible for hunting animal, in hunting grounds for the purpose of expectation of hunting animal;

hunting method – set of methods and actions with use of tools of hunting by means of which hunting is performed;

hunting terms – the periods (dates, months, days of the week and hours of days) during which carrying out hunting for hunting animal of certain type is authorized;

night-time – the period which begins one hour later after sunset and comes to an end in one hour prior to sunrise;

the participant of hunting – the hunter who are taking part in hunting, the head of hunting, person rendering egersky services, the beater including who is not the hunter.

3. Finding of person is not recognized hunting:

in hunting grounds or other habitats of hunting animals with the discharged covered hunting weapon, and (or) cartridges, and (or) traps, and (or) other traps in case of following to the place (from the place) hunting in the presence at the specified person of the hunting permit and (or) permission and the hunting permit to permission. At the same time the specified hunting tools which are at this person shall correspond to the hunting permit and (or) permission and the hunting permit permitted for hunting on these to permission to hunting tools according to appendix 3;

in hunting grounds with the discharged covered hunting weapon, and (or) cartridges, and (or) traps, and (or) other traps in case of expectation of time permitted for hunting in the presence of the hunting permit and (or) permission and the hunting permit to permission. At the same time the specified hunting tools which are at this person shall correspond to the hunting permit and (or) permission and the hunting permit permitted for hunting on these to permission to hunting tools according to appendix 3;

in hunting grounds with the discharged covered hunting weapon, and (or) cartridges, and (or) traps, and (or) other traps after carrying out hunting for hunting animals of the normalized types with appointment of the head of hunting before the termination of effective period of the hunting permit to permission according to which this hunting, and also within six hours after the termination of effective period of the specified hunting permit for the purpose of cutting of products of hunting and (or) rest was performed;

in hunting grounds with the discharged covered hunting weapon and (or) cartridges after carrying out hunting for hunting animals of the normalized types (except beaver and otter) without appointment of the head of hunting before the termination of effective period of the hunting permit to permission according to which this hunting, and also within six hours after the termination of effective period of the specified hunting permit for the purpose of cutting of products of hunting and (or) rest was performed;

in hunting grounds with the discharged covered hunting weapon, and (or) cartridges, and (or) traps, and (or) other traps after carrying out hunting for beaver and (or) otter without appointment of the head of hunting within six hours after closing of the last permission for the purpose of cutting of products of hunting and (or) rest;

on the highways public passing through hunting grounds or other habitats of hunting animals with the discharged covered hunting weapon, and (or) cartridges, and (or) traps, and (or) other traps for the purpose of their movement, transportation (transportation), including following to the place of hunting and back;

on the roads passing through hunting grounds or other habitats of the hunting animals determined by the decision of the user of hunting grounds, and in fund of the hunting grounds which are not leased and (or) free use for maintaining hunting economy (further - fund of inventory of hunting grounds), and zones, forbidden for hunting, around settlements, zones of mass rest and (or) other objects (further - zones, forbidden for hunting) - the decisions of local executive and administrative organs approved with territorial authority of the State inspection of protection of animal and flora in case of the President of the Republic of Belarus with the discharged covered hunting weapon, and (or) cartridges, and (or) traps, and (or) other traps for the purpose of following to places of temporary residence of hunters (the house of the hunter, the agroestate and another) or to places of their collection (in hunting grounds just before carrying out hunting) and back. The made decisions in five-day time are subject to publication in mass media and to the direction in territorial authority of the State inspection of protection of animal and flora in case of the President of the Republic of Belarus. Data on such roads are placed in information systems on the global computer Internet;

on the roads passing through hunting grounds or other habitats of the hunting animals determined by the decision of the user of hunting grounds, and in fund of inventory of hunting grounds and zones, forbidden for hunting, - the decisions of local executive and administrative organs approved with territorial authority of the State inspection of protection of animal and flora in case of the President of the Republic of Belarus with the discharged covered hunting weapon and (or) cartridges for the purpose of following to the specially allotted places for adjustment fire of hunting weapon allocated according to these rules, and back. The made decisions in five-day time are subject to publication in mass media and to the direction in territorial authority of the State inspection of protection of animal and flora in case of the President of the Republic of Belarus. Data on such roads are placed in information systems on the global computer Internet;

in hunting grounds or other habitats of hunting animals with the dog and (or) hunting bird who are not working on wild animal;

in hunting grounds or other habitats of hunting animals with the dog and (or) hunting bird participating in testing, competitions in the course of the training according to Items 86 and (or) 88 of these rules, and also preparation them to these actions;

in hunting grounds or other habitats of hunting animals with military, office or sports weapon in connection with accomplishment by the specified person of the job responsibilities or participation in sporting events;

in hunting grounds with cartridges, except as specified, when the weapon is loaded by these cartridges.

Production of wild animal with use of tools and methods of hunting based on the permissions issued by the Ministry of Natural Resources and Environmental Protection and also captive hunting is not recognized hunting.

4. Weapon is considered discharged if:

the boss is not in cartridge chamber of trunk of firearms and (or) in the shop (holder) attached to this weapon;

the arrow is not attached to bowstring of onions or arbalest;

the mechanism of tension of bowstring and (or) the trigger mechanism of arbalest are not in the cocked condition.

The weapon which is in closed (clasped, tied) covers or cases is recognized covered.

The dog or hunting bird who are pursuing or caught wild animal are recognized working on wild animal.

Chapter 2. Right to hunting, its origin and termination

5. The right to hunting for the territories of the Republic of Belarus with tools of hunting is granted:

to the capable citizen of the Republic of Belarus who reached sixteen-year age, and also capable to the foreign citizen, the stateless person which reached sixteen-year age, constantly living in the territory of the Republic of Belarus and having the residence permit, the biometric residence permit in the Republic of Belarus the foreign citizen, the biometric residence permit in the Republic of Belarus of the stateless person (further – citizens), having the valid state certificate on the hunting right;

to the foreign citizen, the citizen of the Republic of Belarus, the stateless person who are constantly living outside the Republic of Belarus (further – foreign citizens), in the presence of the document certifying the right of these citizens and persons to hunting in the states of their regular residence.

The persons specified in paragraphs second and third to part one of this Item, which did not reach eighteen-year age have the right to be engaged only in bezruzheyny hunting.

6. The state certificate on the hunting right in form according to appendix 4 is the form of the document with certain degree of protection.

7. The state certificate on the right of hunting is issued by the okhotokhozyaystvenny republican unitary enterprise "Belgosokhota" (further - Belgosokhota Unitary Enterprise) or the public forestry and landscape institution subordinated to the Ministry of forestry, the citizen who passed special hunting examination according to the legislation on ministerial procedures.

8. The procedure for passing of special hunting examination, the program of preparation for it and examination tests affirm the Ministry of forestry in coordination with the Ministry of Natural Resources and Environmental Protection. The payment for passing of special hunting examination is deposited to account Belgosokhota Unitary Enterprise or the public forestry and landscape institution subordinated to the Ministry of forestry holding exam.

9. The citizen cannot be the applicant for receipt of the state certificate for the right of hunting:

recognized in accordance with the established procedure as incapacitated or it is limited by capable;

having the outstanding or not removed criminal record for making of the intentional crimes integrated to infringement of life or health of the person, or the crimes connected with use and (or) use of weapons or explosives, and also crimes against ecological safety, the environment and procedure for environmental management;

having the state certificate on the hunting right;

deprived of the right to be engaged in the activities connected with hunting during the entire period of deprivation of this right.

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