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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of May 21, 2014 No. 492

About approval of the Regulations on procedure for examination of things, vehicles, tools of fishery, fishery products, and also withdrawal illegally the got products of fishery and tools of fishery, Regulations on procedure for accreditation used at the same time on the right of maintaining fishing economy

(as amended on 25-03-2022)

According to item 4 of the Presidential decree of the Republic of Belarus of December 5, 2013 "About modification and amendments in presidential decrees of the Republic of Belarus of December 8, 2005 No. 580 and of April 26, 2010 No. 200" the Council of Ministers of the Republic of Belarus DECIDES: No. 551

1. Approve:

Regulations on procedure for examination of things, vehicles, tools of fishery, fishery products, and also withdrawal illegally of the got products of fishery and tools of fishery used at the same time (are applied);

The regulations on procedure for accreditation on the right of maintaining fishing economy (are applied).

2. No. 175 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 25.03.2022

3. This resolution becomes effective since June 26, 2014.

Prime Minister of the Republic of Belarus

M. Myasnikovich

Approved by the Resolution of Council of Ministers of the Republic of Belarus of May 21, 2014 No. 492

Regulations on procedure for examination of things, vehicles, tools of fishery, fishery products, and also withdrawal illegally the got products of fishery and fishery tools used at the same time

1. This Provision developed based on Item 93 of Rules of maintaining fishing economy and fishery approved by the Presidential decree of the Republic of Belarus of December 8, 2005 No. 580 "About some measures for increase in efficiency of fishing activities, enhancement of public administration by it" (The national register of legal acts of the Republic of Belarus, 2005, No. 196, 1/6996; The National legal Internet portal of the Republic of Belarus, 25.12.2013, 1/14679), is determined procedure for carrying out by persons performing protection of the fishing grounds provided in lease (use) (further - persons performing protection of fishing grounds), examination of things, vehicles, tools of fishery, fishery products, and also withdrawal illegally of the got products of fishery and fishery tools used at the same time.

2. In this Provision terms and their determinations in the values established by Rules of maintaining fishing economy and fishery and also the following terms and their determinations are used:

examination of things, tools of fishery and products of fishery - action for ensuring protection of fish in provided in lease (use) fishing grounds from illegal encroachments consisting in check by persons performing protection of the fishing grounds, things, tools of fishery, products of fishery which are under physical person by visual and their manual contact inspection for the purpose of detection illegally to the got products of fishery and fishery tools used at the same time;

examination of vehicles - action for ensuring protection of fish in provided in lease (use) fishing grounds from illegal encroachments consisting in presentation of vehicles and any things which are in them for visual and their manual contact inspection to persons performing protection of fishing grounds for the purpose of detection illegally of the got products of fishery and fishery tools used at the same time;

the witness - not interested in the result of examination of things, tools of fishery, products of fishery, vehicles (further if other is not established, - examination) the full age capable person participating in carrying out examination for the certificate of its fact, the course and results in the cases established by this Provision.

3. Examination is carried out in the territory of the fishing grounds provided in lease (use) at distance to one kilometer from the coastline of fishing grounds.

Examination is carried out concerning things of physical persons, tools of fishery, fishery products, and also any vehicles (except as specified, specified in Item 7 of this provision) in case of establishment of the good causes specifying availability in these vehicles illegally to the got products of fishery and fishery tools used at the same time.

4. Examination of things, tools of fishery and products of fishery is carried out in the presence of physical person, transferring (transporting) (further - the owner of things) them.

Examination of the vehicle is carried out in the presence of the physical person managing it or his owner (further - the vehicle owner) and the other persons who are in the vehicle.

5. Examination is carried out in the limits necessary for detection illegally of the got products of fishery and fishery tools used at the same time, in the presence of the following bases:

detection by persons performing protection of fishing grounds, the owner of things and (or) the vehicle owner at the time of making of illegal fishery or directly after its making;

violation by physical person of Rules of maintaining fishing economy and fishery if this violation gives good causes to believe that the physical person has illegally got products of fishery and fishery tools used at the same time;

direct specifying by eyewitnesses on the physical person who made illegal fishery;

availability on clothes and (or) things of physical person of the traces specifying illegal fishery (blood, fish scales and another).

6. Examination is carried out by person performing protection of fishing grounds in the presence of the owner of things and (or) the vehicle owner.

In case of detection illegally of the got products of fishery and fishery tools used at the same time person performing protection of fishing grounds without delay invites witnesses and further examination is carried out in the presence of witnesses.

In case of impossibility to provide participation of witnesses examination can be carried out without their participation in presence of the owner of things and (or) the vehicle owner.

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