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LAW OF THE REPUBLIC OF BELARUS

of November 12, 2001 No. 55-Z

About burial and funeral case

(as amended on 04-01-2021)

It is accepted by the House of Representatives on October 17, 2001

Approved by Council of the Republic on October 25, 2001

Chapter 1. General provisions

Article 1. The main terms used in this Law and their determinations

In this Law the following main terms and their determinations are used:

mass grave – the compact military burial having general nadmogilny construction;

group grave – grave in which bodies (remains) of the died (dead) are buried (further – the dead), ballot boxes with ashes (ashes) of two and (or) more victims of emergency situations of natural and technogenic nature, epidemics and other cases of mass death;

burial – the room of body (remains) of the dead, ballot box with ashes (ashes) to the earth on the cemetery, crypt, including digging and filling of grave, or the room of ballot box with ashes (ashes) in columbarium;

the cemetery – the part of the place of burial intended for burial to the earth of bodies (remains) of the dead and ballot boxes with ashes (ashes);

columbarium – the construction which is in the place of burial intended for burial of ballot boxes with ashes (ashes) after cremation;

crematorium – technological complex with the equipment for cremation;

cremation – the bringing of body (remains) of the dead to fire;

person who undertook the organization of burial – the physical person specified in declaration of will of the dead as person to whom burial implementation, either the legal representative of the dead, or the spouse (spouse) of the dead or one of his close relatives is entrusted (parents, adoptive parents (adopters), children including adopted (adopted), brothers and sisters, the grandfather, the grandma or grandsons) (further – close relatives), or other physical persons (further – the physical person who undertook the organization of burial) or the individual entrepreneurs, legal entities who undertook the organization of burial and fee for burial;

person who undertook the organization of installation of nadmogilny construction – the legal representative of the dead, either the spouse (spouse) of the dead or one of his close relatives, or other physical persons or legal entities which undertook fee on production, delivery to installation site and (or) installation of nadmogilny construction;

person responsible for content and improvement of the place of burial, – the legal entity or the individual entrepreneur determined by settlement, rural executive committees to perform content and improvement of the place of burial;

the place of burial – the parcel of land with the separate graves placed on it, crypts, the cemetery, columbarium;

grave – the place in the earth, crypt, except columbarium, with the bodies (remains) of the dead, ballot box containing in it with ashes (ashes), being on the site for burial;

gravestone monument – the architectural or sculptural form of ritual appointment established on grave;

nadmogilny construction – the gravestone monument established on grave, family columbarium and (or) one or several elements of improvement of the site for burial (the florist, vase, fencing stationary, site paving for burial, other elements of improvement);

common grave – grave in which bodies (remains) of the dead from the revealed earlier unknown graves in case of impossibility to individualize such bodies (remains), and also grave in which ballot boxes with ashes (ashes) after cremation of the dead whose personality is not identified, and the dead in the absence of persons who undertook the organization of burial are buried are reburied;

reburial – repeated burial taken from grave of body (remains) of the dead, ballot box with ashes (ashes) in the cases established by this Law;

burial – the actions for burial including the choice of the place of burial, preparation of body (remains) of the dead for cremation or burial, cremation of body (remains) of the dead and transportation of body (remains) of the dead or ballot box with ashes (ashes) to the place of burial, the organization of funeral, provision of other accompanying services;

funeral case – the activities aimed at providing functioning of places of burial, performed by city, district executive and administrative organs (further – local executive and administrative organs of basic territorial level), the settlement, rural executive committees specialized by the organizations, administration of exclusion zones and settling out, and also the activities for content and improvement of places of burial, rendering the services connected with the organization of funeral, performed by the specialized organizations, other legal entities and individual entrepreneurs;

funeral – the ceremony including preparation for farewell to the dead, farewell ceremony, burial and commemoration;

family columbarium – the construction established on the site for burial intended for burial of ballot boxes with ashes (ashes) after cremation of the died spouses, close relatives, cousins-in-laws;

crypt – intended for burial the underground or buried to the earth construction, part of capital structure (the building, construction), other structure, the places of burial built to the territories or which are part of memorial and cult capital structures (buildings, constructions);

content and improvement of the place of burial – the activities connected with performance of works and (or) rendering services in the territory of the place of burial, including for sanitary cleaning, cleaning of the territory, production of earthwork and repair of the improvement elements located on it, aimed at providing functioning of the place of burial and reduction of its territory in the condition suitable for operation of capital structures (buildings, constructions), other structures, engineering and transport communications;

the specialized organization – the legal entity created by local executive and administrative organs of basic territorial level for implementation of funeral case in the territory of the corresponding administrative and territorial unit or the organization in which authorized capital 50 and more percent of shares (shares) are in property of the Republic of Belarus and (or) its administrative and territorial units, authorized by local executive and administrative organs of basic territorial level to perform funeral case;

the services connected with the organization of funeral – the activities for the organization of burial and rendering services to physical persons and legal entities for care of sites for burial, to content and improvement of places of burial performed by the specialized organizations, other legal entities and individual entrepreneurs;

the site for burial – the land area of the established size provided for placement of graves on it.

Article 2. Coverage of this Law

This Law establishes:

bases of the organization of funeral case;

burial guarantees;

requirements to creation, content and improvement of places of burial, creation of crematoriums.

Article 3. Legal regulation of the relations in the field of burial and funeral case

The relations in the field of burial and funeral case are regulated by the legislation in the field of burial and funeral case, and also international treaties of the Republic of Belarus.

The legislation in the field of burial and funeral case is based on the Constitution of the Republic of Belarus and consists of this Law, other acts of the legislation, including in the field of perpetuating of memory of the dead in case of protection of the Fatherland and preserving memory of the victims of wars.

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