Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF BELARUS

of June 14, 2003 No. 205-Z

About flora

(as amended on 04-01-2022)

Accepted by the House of Representatives on May 13, 2003

Approved by Council of the Republic on May 29, 2003

This Law establishes the legal basis of protection, protection, reproduction, content, withdrawal, removal, change of objects of flora and use of them, and also gardening, protection of the circle of growth of objects of flora, increase in their sredoobrazuyushchy, water preserving, protective, sanitary and hygienic, recreational and other functions for the purpose of providing favorable for life and health of citizens of the environment, rational (steady) use of resources of flora. 

Chapter 1. General provisions

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

For the purposes of this Law the following main terms and their determinations are applied:

acclimatization of plants - providing adaptation of plants to the new circle of growth as a result of their introduction with formation of stable self-replicating populations;

balance of the planted trees and shrubs territory - percentage ratio of the territories in which flora objects, and other territories in borders of the planted trees and shrubs territory grow;

the developed planted trees and shrubs area - the planted trees and shrubs territory in which the complex of actions for the purpose of creating favorable conditions for rest of the population, forming of full-fledged, esthetically expressive habitat is executed;

botanical garden - the developed planted trees and shrubs area on which the wood, shrubby, flowering and other plants used in the research, educational-experimental, cultural and educational and recreational purposes grow;

the boulevard - the public developed planted trees and shrubs area with one or several rows of plantings located between lanes of vehicles of the street of the settlement;

reproduction of objects of flora - natural (regulated and non-regulated) or artificial process of renewal of objects of flora, recovery of their quality characteristics;

the state inventory of flora - the systematized code of data on geographical distribution of objects of flora, about their quantitative and high-quality characteristics, economic evaluation and use of objects of flora, and also other data on the objects of flora necessary for ensuring their protection and steady use;

the dendrology park - the planted trees and shrubs territory in which the trees and bushes used in the research, educational-experimental, cultural and educational and recreational purposes grow;

the trees, bushes which are in inadequate high-quality condition - and (or) bark on the most part of trunk is destroyed or fell down trees, bushes at which the quantity of the dried-out branches makes more than 50 percent;

wild-growing plants - the plants which are in their natural environment of growth and capable to form populations, vegetable communities;

wood and shrubby vegetation - single trees, bushes and their plantings;

procurement (purchase) of wild-growing plants and (or) their parts - the type of special use of flora objects performed by the organizations, individual entrepreneurs;

withdrawal of objects of flora - the department of plants connected with use of flora objects from the circle of their growth and (or) parts from plants;

invasive plants - the plants which are outside their natural area, distribution and which number create threat of life or to health of citizens, preserving biological diversity, damnification to separate industries of economy;

introduction of plants - the activities directed to introduction of plants to places behind borders of area of their natural distribution;

compensation payments of cost of the deleted flora objects - cost recovery of the deleted flora objects;

compensation actions - compensation landings or compensation payments of cost of the deleted flora objects;

compensation landings - complex of actions for creation of objects of flora instead of deleted;

person in the field of gardening - the legal entity, the individual entrepreneur performing activities for creation and content of the plantings which are carrying out sanitary and hygienic, recreational, technical, cultural, esthetic or other nonagricultural functions and also the legal entity incorporating the structural division performing such activities;

plantings - set of the trees and (or) bushes growing in certain territory which both are forming and not forming vegetable community;

illegal withdrawal, removal, change of objects of flora - withdrawal, removal, change of objects of flora without the permissions issued by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and its territorial authorities, local executive and administrative organs (in cases when need of receipt of such permissions is provided by this Law), decisions of the state bodies which set restrictions or prohibitions concerning flora objects, on change or removal of the set restrictions or prohibitions, approved in the procedure for the project documentation providing removal, change of objects of flora, the conclusions about recognition of tree dangerous established by the legislation of the Republic of Belarus, or withdrawal, removal, change not of those objects of flora and not in those amounts which are provided to withdrawal, removal, to change according to the specified permissions, decisions, the project documentation, the conclusions, or removal of objects of flora to the conclusion of the civil contract for implementation of compensation landings or implementation of compensation payments of cost of the deleted flora objects if the conclusion of such agreement or implementation of such payments are provided by this Law or other legal acts of the Republic of Belarus, or non-realization of compensation landings in terms and the amounts established according to this Law or failure to meet requirement of this Law on the direction in local executive and administrative organ of notifications on the planned, carried out removal, change of objects of flora;

standard rates in the field of the address with flora objects - the standard rates established according to indicators of condition and number of objects of flora, level of gardening of the territory which non-compliance can result in adverse state of environment;

SITES samples - the wild-growing plants, their parts and (or) derivatives falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance, (SITES) signed in Washington on March 3, 1973;

the address with flora objects - the activities connected with protection, protection, reproduction, content, withdrawal, removal or change of objects of flora and use of them and also with gardening;

cutting of trees, bushes - department from trees, bushes of their parts (shortening of branches, removal of branches and boughs) which is not attracting loss of life activity of these trees, bushes;

flora objects - the growing plants or their set;

gardening - complex of actions for creation and content of the plantings which are carrying out sanitary and hygienic, recreational, technical, cultural, esthetic or other nonagricultural functions;

the planted trees and shrubs territory - the territory in which gardening is carried out and (or) the flora objects which are carrying out sanitary and hygienic, recreational, technical, cultural, esthetic or other nonagricultural functions grow;

dangerous trees - the trees creating the probable fall threat of damnification of life and to health of citizens, property of citizens and legal entities (the dead standing, struck with trunk decay, having other considerable damages of trunk and (or) root system which hanged on buildings, constructions, other trees and also inclined towards buildings, constructions when the radius of possible fall of such trees exceeds safe distance to these buildings, constructions);

protection of objects of flora - complex of the actions directed to preserving space, specific and population integrity of objects of flora, their number, resource potential and productivity, prevention of their damage, destruction or other harmful effects on them;

the park - the public developed planted trees and shrubs area more than 5 hectares in the settlement;

change of objects of flora - the department of plants which is not connected with use of flora objects from the circle their growths, their movement and landing with the subsequent preserving life activity;

use of flora objects - use of objects of flora or their properties when implementing economic and other activity;

users of the parcels of land or water objects - persons to whom in the procedure established by the legislation of the Republic of Belarus are provided as private property, the life inherited tenancy permanent or temporary use, lease or on other basis established by the legislation of the Republic of Belarus the parcel of land or water object or its part (further - water object) in which borders flora objects grow;

users of objects of flora - persons who in the procedure established by the legislation of the Republic of Belarus are granted right to use by flora objects;

roadside plantings - the plantings growing in borders of strips of withdrawal of the railroads along railway tracks public (roadside plantings of the railroads), strips up to 100 meters wide in both parties from axis of the republican highway to 50 meters in both parties from axis of the local highway, and in settlements - in both parties from the highway public to border of the existing building (roadside plantings of highways);

antierosion plantings - the plantings growing in ravines, beams on slopes with the steepness of 25 degrees and more and in borders of the strips 100 meters wide adjoining them on perimeter, and also the field-protecting plantings created for the purpose of protection of soils of farmlands against water, wind erosion and other harmful effects of natural and anthropogenous factors;

plants - vascular and Bryophyta of plant, alga, lichens and mushrooms;

vegetable products - plants, their parts and (or) products of their life activity withdrawn from the circle of growth and used as raw materials or in other purposes of production and consumption;

vegetable community - rather homogeneous set of plants of different types of one or many generations having the created structure and structure capable to natural reproduction or replaced by other vegetable community as a result of interaction between plants and the circle of their growth;

flora - set of the growing plants formed by them populations, vegetable communities and plantings;

flora resources - objects of flora or their property which are used or can be used when implementing economic and other activity and have consumer value;

collection of wild-growing plants and (or) their parts - the type public flora objects performed by physical persons;

the square - the public developed planted trees and shrubs area the area from 0,1 to 5 hectares in the settlement;

the circle of growth of objects of flora - the place of growth of objects of flora in total with other natural factors constituting the conditions of growth of objects of flora necessary for ensuring their life activity;

removal of objects of flora - the department of plants which is not connected with use of flora objects from the circle of their growth and (or) parts from plants attracting loss of life activity of these plants, and also department of the fallen trees of environment in which they grew;

deterioration in balance of the planted trees and shrubs territory - reduction of share of the territories in which flora objects, in borders of the planted trees and shrubs territory grow.

Article 2. Legislation of the Republic of Belarus on protection and use of flora

The legislation of the Republic of Belarus on protection and use of flora is based on the Constitution of the Republic of Belarus and consists of this Law and other regulatory legal acts of the Republic of Belarus containing the regulations governing the relations in the field of the address with flora objects.

The relations in the field of the address with the flora objects entering into forest fund are regulated by the legislation of the Republic of Belarus on use, protection, protection and reproduction of the woods, except for the relations specified in Articles 18, of 19, of 24, 26-28, 33-1 (regarding the city woods) and 38 (regarding the city woods) this Law which are regulated by the legislation of the Republic of Belarus on protection and use of flora.

The relations in the field of the address with the plants relating to the live changed organisms are regulated by the legislation of the Republic of Belarus in the field of safety of genetically engineered activities.

The relations in the field of quarantine and protection of plants are regulated by the legislation of the Republic of Belarus on protection and use of flora in the part which is not settled by the legislation of the Republic of Belarus in the field of quarantine and protection of plants.

The relations in the field of gardening are governed by the legislation of the Republic of Belarus on protection and use of flora in the part which is not settled by the legislation of the Republic of Belarus in the field of architectural, town-planning and construction activities about municipal services.

The relations in the field of the address with flora objects as component of the habitat of objects of fauna are regulated by the legislation of the Republic of Belarus on protection and use of flora if the legislation of the Republic of Belarus on protection and use of fauna does not establish other.

The relations in the field of protection and use of lands (including soils), waters, subsoil, atmospheric air as the circle of growth of objects of flora are regulated respectively by the legislation of the Republic of Belarus on protection and use of lands, on protection and use of waters, on protection and use of subsoil, on protection of atmospheric air if other is not established by this Law.

The relations in the field of the address with the withdrawn or remote plants and (or) their parts, including vegetable products, are regulated by the civil legislation of the Republic of Belarus.

The relations connected with import and (or) export of plants, their parts and (or) derivatives are regulated by the legislation of the Republic of Belarus on foreign economic activity, on customs regulation, the international treaties of the Republic of Belarus, acts constituting the right of the Eurasian Economic Union.

The relations in the field of the address with the flora objects growing in places of burial are regulated by the legislation of the Republic of Belarus on burial and funeral case.

The relations in the field of the address with the flora objects growing in borders of the parcels of land provided for collective gardening and country construction are regulated by the acts of the legislation of the Republic of Belarus regulating activities of gardening partnerships and country cooperatives, except for the relations specified in Articles 18, of 19, of 24, 26-28, 37 and 37-4 of this Law which are governed by the legislation of the Republic of Belarus on protection and use of flora.

Article 3. International agreements of the Republic of Belarus

If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 4. Subjects of the relations in the field of the address with flora objects

Can act as subjects of the relations in the field of the address with objects of flora:

The president of the Republic of Belarus, Council of Ministers of the Republic of Belarus, local councils of deputies, executive and administrative organs, other state bodies (organizations) exercising state regulation and control in the field of the address with flora objects, control in the field of protection and use of flora, bodies of territorial public self-government within their competence;

the legal entities of the Republic of Belarus, foreign states, the foreign and international organizations irrespective of availability of the status of the legal entity at them who are users of objects of flora, the parcels of land or water objects or performing the activities making impact on flora objects (further, unless otherwise specified, - legal entities);

citizens of the Republic of Belarus, including the individual entrepreneurs, foreign citizens, persons without citizenship who are users of objects of flora, the parcels of land or water objects or performing the activities making impact on flora objects (further, unless otherwise specified, - citizens).

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