RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 8, 2022 No. 849

About geodetic and cartographic materials and data of the State kartografo-geodetic fund of the Republic of Belarus

Based on the paragraph of the seventh of Article 10, No. 396-Z "About geodetic and cartographic activities" and paragraph two of article 2 of the Law of the Republic of Belarus of December 13, 2021 No. 132-Z "About change of the Law of the Republic of Belarus "About geodetic and cartographic activities" the Council of Ministers of the Republic of Belarus DECIDES: parts five of article 16 of the Law of the Republic of Belarus of July 14, 2008

1. Approve Regulations on procedure for provision in use and uses, ensuring safety and return or destruction of geodetic and cartographic materials and data of the State kartografo-geodetic fund of the Republic of Belarus it (is applied).

2. This resolution becomes effective since December 17, 2022.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 8, 2022 No. 849

Regulations on procedure for provision in use and uses, ensuring safety and return or destruction of geodetic and cartographic materials and data of the State kartografo-geodetic fund of the Republic of Belarus

Chapter 1. General provisions

1. This Provision establishes procedure for provision in use and uses of geodetic and cartographic materials and data (further - materials and data) the State kartografo-geodetic fund of the Republic of Belarus (further - Goskartgeofond), ensuring their safety and return or destruction.

2. For the purposes of this provision terms and their determinations in the values established by the Law of the Republic of Belarus "About geodetic and cartographic activities" are used.

3. Provision in use of materials and data of Goskartgeofond will organize the State committee on property (further - the State Property Committee).

4. Provision in use to state bodies, the organizations, subordinate (accountable) to the President of the Republic of Belarus or Council of Ministers of the Republic of Belarus, other organizations and physical persons, including individual entrepreneurs (further - users), materials and data of Goskartgeofond is performed:

the state specialized organization which is a part of the system of the State Property Committee and authorized by this Committee on forming, maintaining and storage of Goskartgeofond (further - authorized organization), - concerning materials and the data of Goskartgeofond which are on permanent and temporary storage in authorized organization;

the organizations as a result of which geodetic and cartographic activities the materials and data which are on temporary storage in archive funds of these organizations or other organizations on contractual basis are received (further - the organizations performing temporary storage of materials and data of Goskartgeofond), - concerning materials and the data of Goskartgeofond which are stored in the organizations, performing temporary storage of materials and data of Goskartgeofond.

The materials and data of Goskartgeofond which are in the organizations performing temporary storage of materials and data of Goskartgeofond are provided in use in case of lack of these materials and data in authorized organization.

5. Materials and data of Goskartgeofond are provided to users temporarily in use on contractual basis in the form of originals, copies or statements from originals.

Originals of materials and data of Goskartgeofond are provided in use in exceptional cases (exhibiting, carrying out scientific research, preparation of scientific reports, reports, Articles, creation of feature, art and publicistic, documentary, popular scientific and educational films and programs, other similar cases) only in case of their satisfactory physical condition, availability of two and more copies (for materials and data on paper) or backup copies * (for materials and data on the machine carrier) according to the written permission of the head of the authorized organization or organization performing temporary storage of materials and data of Goskartgeofond.

On the bases, stipulated by the legislation in the field of archiving and clerical work, restriction of access to materials and data of Goskartgeofond is possible.

The decision on restriction of access to materials and data of Goskartgeofond is accepted by the head of the authorized organization or organization performing temporary storage of materials and data of Goskartgeofond.

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* For the purposes of this provision the backup copy is understood as the identical copy of materials and data on the machine carrier created by replication (creation of two and more identical copies of the materials and data on the machine carrier supplied by own identifiers) and stored in the conditions providing its integrity.

6. The materials and data of Goskartgeofond which are subject to transfer to authorized organization for the list established by the State Property Committee in coordination with the Ministry of Justice can be provided to users by other state specialized organizations which are a part of the system of the State Property Committee and performing temporary storage of such materials and data of Goskartgeofond based on the agreement signed by the specified organizations with authorized organization.

The organizations performing temporary storage of materials and data of Goskartgeofond provide in use materials and data of Goskartgeofond, except for specified in part one of this Item, after the conclusion of the agreement these organizations with authorized organization.

7. Provision in use of materials and data of Goskartgeofond is performed on paid basis, except as specified, by the established legal acts, decisions of the President of the Republic of Belarus or Councils of Ministers of the Republic of Belarus.

For use of the materials and data of Goskartgeofond which are stored in authorized organization for the purpose of the accomplishment of geodetic and cartographic works of the state appointment and geodetic and cartographic works of special purpose financed by means republican and (or) local budgets the payment including only the cost of services in matching of the specified materials and data and (or) to production of their copies, delivery of these materials and data and (or) their copies is levied.

For use of the materials and data of Goskartgeofond which are stored in authorized organization for the purpose of accomplishment of other works financed by means republican and (or) local budgets except specified in part two of this Item, the payment including only the cost of services in matching of the specified materials and data and (or) to production of their copies, delivery of these materials and data and (or) their copies is levied.

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