of March 20, 2001 No. P-109/2001
About legal regulation of placement of outdoor advertizing in the city of Minsk
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman Maryskin A. V., Boyko T. S. judges., Vorobey G. A., Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., G.B. Cone, Shuklina V. Z., having considered based on Article 40, parts one of article 116 of the Constitution the appeal of the Minsk city executive committee concerning legal regulation of placement of outdoor advertizing and payment for it, established the following.
The relations arising in the course of placement of outdoor advertizing are regulated by the Law "About Advertising", the resolution of Council of Ministers of the Republic of Belarus of April 22, 1999 No. 572 "About approval of the Regulations on procedure for placement of outdoor advertizing" (in dalneyshempolozheniye) and other acts of the legislation.
According to article 2 of the Law "About Advertising" outdoor advertizing is understood as posters, stands, indicating panels and other technical means of its stable placement in certain territory.
According to article 11 of this Law distribution of outdoor advertizing is allowed in the presence of permission of relevant organ of local authority. For issue of permissions to distribution of outdoor advertizing taking into account the requirements provided by part one of the specified Article the payment according to the procedure and the sizes established by relevant organ of local authority is levied. Advertizing in the territory of any objects including in the territory of the historical and cultural, ritual and especially protected natural complexes, and also determination of the size and procedure for introduction of payment for distribution of this advertizing are performed based on the contract with the owner or person authorized on that by the owner (if the law or the agreement do not provide other concerning this person), and in the presence of the permission provided by part two of this Article.
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