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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of August 7, 2014 No. 401

About development and upgrade of infrastructure of Frontier of the Republic of Belarus and the border territory

(as amended on 31-05-2017)

For the purpose of development and upgrade of infrastructure of Frontier of the Republic of Belarus and the border territory I decide:

1. Determine that protection boundaries * belong to infrastructure facilities of Frontier of the Republic of Belarus and the border territory within borderland, the fixtures of Frontier of the Republic of Belarus located on the parcels of land up to 25 meters wide, continuously taking place in close proximity to strip and (or) primykayemy to perimeters of check points through Frontier of the Republic of Belarus (further - infrastructure facilities).

______________________________

* Are understood as boundaries of protection the control and trace strip intended for fixing of signs of violation of Frontier of the Republic of Belarus, rokad (the departmental road) for ensuring traffic circulation along Frontier of the Republic of Belarus, area strip, intended for the equipment of signaling complex (system) of protecting and (or) not protecting type, observation and (or) technical tower for conducting observation of the adjacent territory and the protective fence intended for hindrance of penetration of violators and wild animals from the adjacent territory.

2. Determine that:

2.1. for decision making about withdrawal and provision of the parcels of land for placement of infrastructure facilities - to the State boundary committee and (or) territorial authorities of the border service (further - the customer) it is not required to customers of their construction:

coordination with the President of the Republic of Belarus of locations of the corresponding parcels of land in case of need their withdrawals and provision from farmlands of agricultural purpose and forest lands of forest fund (the nature protection, recreational and improving and protective woods);

conducting the state construction and other examinations of projects on construction of facilities of infrastructure. Development of such projects is performed by the customer with preparation of the relevant documents proving the need for construction materials;

receipts of the conclusion about availability (absence) in borders of the asked parcels of land of the reconnoitered mineral deposits;

2.2. registration of materials on withdrawal of the parcels of land to the customer in permanent and (or) temporary use is performed by local executive and administrative organs in the procedure established by the legislation along with performance of works on designing and construction of facilities of infrastructure;

2.3. prior to construction of facilities of infrastructure the customer independently or with involvement of contract organizations performs:

removal on the occupied parcels of land of fertile layer of earth with its use for the needs connected with construction of facilities of infrastructure, and if necessary - for other needs in coordination with the relevant local executive and administrative organs;

cutting down of wood and shrubby vegetation. Removal of objects of flora is performed in the procedure established by the legislation without compensation payments of their cost, compensation landings and payments for leave of the wood of the main forest breeds released on root, and also without recovery of the broken habitat of fauna. The wood received at the same time is used by the customer in the procedure established by the legislation for construction and servicing of infrastructure facilities, and also in other purposes for ensuring activities of bodies of the border service. Not used wood is implemented or transferred by the customer on a grant basis in the procedure established by the legislation. The customer has the right on contractual basis on account of the cost of the works (the rendered services) on cutting down of wood and shrubby vegetation performed by contract organizations to transfer them the received wood with subsequent use for own production and consumption or realization in the prepared type;

2.4. the customer is exempted from indemnification, caused to land users by withdrawal or temporary occupation of the parcels of land from forest lands of forest fund for construction of facilities of infrastructure, and also compensation payments for harmful effects on objects of fauna and (or) the circle of their dwelling;

2.5. placement of infrastructure facilities in especially protected natural territories and the natural territories which are subject to special protection is performed according to the procedure, established by the legislation;

2.6. the subsoil users (except for citizens, including individual entrepreneurs) performing use of natural resources within borderland (zone) shall grant to the customer the right to gratuitously extract popular minerals or to receive such minerals based on the signed agreements on provision of the free (sponsor's) aid. At the same time subsoil users are exempted from the tax discharge for production (withdrawal) of the natural resources used for needs of the customer when constructing facilities infrastructure.

3. Features of forest utilization and forest management in the territories adjacent to Frontier of the Republic of Belarus and located at distance to 5 kilometers from observation and (or) technical towers, are determined by republican state body by forestry in coordination with the State boundary committee.

4. In three-months time to provide to Council of Ministers of the Republic of Belarus reduction of regulatory legal acts in compliance with this Decree.

5. This Decree becomes effective after its official publication.

President of the Republic of Belarus

A. Lukashenko

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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