PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of May 31, 2017 No. 197

About change, recognition voided presidential decrees of the Republic of Belarus and their separate provisions

For the purpose of enhancement of the legislation on use, protection, protection and reproduction of the woods, use and protection of lands, and also I decide providing ecological safety:

1. Make changes to the following presidential decrees of the Republic of Belarus:

1.1. from paragraph two of Item 3 of the Presidential decree of the Republic of Belarus of November 3, 2005 No. 520 "About enhancement of legal regulation of the separate relations in the economic sphere" the words "procedure for distribution of the woods to groups and categories of zashchitnost, transfer of the woods from one group or category of zashchitnost in another" to exclude;

1.2. in the Presidential decree of the Republic of Belarus of May 7, 2007 No. 214 "About some measures for enhancement of activities in the field of forestry":

in Item 1:

exclude subitem 1.3;

add Item with subitems 1.4-1 and 1.4-2 of the following content:

"1.4-1. financing of works on content of the woods on sites of forest fund of the public specialized forestry and landscape institution "Borovlyansky Special Forestry" in proper sanitary condition, including cleaning of household waste, servicing of beaches and the territories adjoining to them, parking of cars, mowing round of roadside strips, holding other actions, and also expenses on content of the workers performing cleaning of the territories, construction of capital structures (buildings, constructions) and acquisition (creation) of fixed assets is performed from means of the republican budget according to the procedure, established by Council of Ministers of the Republic of Belarus;

1.4-2. the legal entities conducting forestry conduct procurement of goods (works, services) necessary for forest management, through the payment for forest utilization estimated on payment due dates in the current year, receipts from realization of forest products on forestry and landscape activities, and also the amounts of the penalty fee paid by forest users for provision by the legal entities conducting forestry, delays on carrying out cabins of the wood and (or) removal of the wood which is not cut down and (or) is not exported at the scheduled time (further - the funds allocated for financing of forest management), according to the procedure, established by the legislation on public procurements.

Violation of the requirement established in part one of this subitem attracts the responsibility provided for violation of procedure for the organization of public procurements.

Illegal obtaining, inappropriate use of the funds allocated for financing of forest management, use of these means with violation of the law attract application of the measures of responsibility provided for illegal receipt, inappropriate use of budget funds, and also use of budget funds with violation of the budget legislation;";

state subitem 1.6 in the following edition:

"1.6. the order of interaction of the organizations servicing electricity transmission air-lines with the legal entities conducting forestry when carrying out the other cabins connected with cabins of trees, dangerous concerning air-lines of electricity transmission, is established by the Ministry of forestry together with the Department of Energy.";

state Item 6 in the following edition:

"6. Assign functions of the state forest protection of the Republic of Belarus to officials of the Ministry of forestry and the state organizations, and also the organizations conducting forestry and which are under supervision of the Ministry of Defence, Ministry of Education, Ministry of Emergency Situations, National academy of Sciences of Belarus, Administration of the President of the Republic of Belarus being under its supervision city (the cities of regional subordination and Minsk) executive and administrative organs which competence includes maintaining forest-park economy, according to appendix 2.

Coordination of activities of officials to whom functions of the state forest protection of the Republic of Belarus are assigned is performed by the Ministry of forestry and the state organizations subordinated to it.";

to add Item 7 after the word of "persons" with words "to whom functions are assigned";

state Item 8 in the following edition:

"8. Approve enclosed:

Rules of realization of wood in the domestic market of the Republic of Belarus;

Regulations on the state forest protection of the Republic of Belarus;

regulations of issue of uniform to officials to whom functions of the state forest protection of the Republic of Belarus are assigned;

signs of distinction of officials to whom functions of the state forest protection of the Republic of Belarus, and their description are assigned;

the description of uniform of officials to whom functions of the state forest protection of the Republic of Belarus are assigned.";

to add subitem 11.1 of Item 11 with words ", performance of works on content of the woods on sites of forest fund of the public specialized forestry and landscape institution "Borovlyansky Special Forestry" in proper sanitary condition";

in appendix 2 to this Decree:

in Item 1:

the paragraph one to state in the following edition:

"1. In the public forestry and landscape institutions subordinated to the Ministry of forestry, the public forestry and landscape institutions subordinated to the Ministry of Defence on the experimental forest bases subordinated to National academy of Sciences of Belarus in the educational-experimental forestries subordinated to the Ministry of Education, the public nature protection institutions exercising control of reserves and national parks, the forestry and landscape organizations subordinated to Administration of the President of the Republic of Belarus, the public nature protection research establishment "Polesia National Radiation and Ecological Park", the organizations subordinated city (the cities of regional subordination and Minsk) to executive and administrative organs which competence includes maintaining forest-park economy:";

to state the paragraph of the seventh in the following edition:

"heads of structural divisions, their deputies, the chief, leading engineers, engineers of all categories and without category, the chief, leading and other inspectors of all categories and without category, knowing questions of protection and protection of the woods, hunting economy, reforestation, forestry, protection of reservoirs and other natural complexes and objects;";

after the paragraph of the tenth to add Item with the paragraph of the following content:

"chiefs of nurseries;";

the eleventh and twelfth to consider paragraphs respectively paragraphs the twelfth and thirteenth;

in Item 2:

the paragraph one to state in the following edition:

"2. In the national production forestry and landscape associations subordinated to the Ministry of forestry:";

the fourth to state the paragraph in the following edition:

"chiefs of structural divisions, their deputies, the chief, leading engineers, engineers of all categories and without category, the chief, leading and other inspectors of all categories and without category, knowing questions of protection and protection of the woods, hunting economy, reforestation, forestry, control in the field of use, protection, protection and reproduction of the woods.";

in paragraph four of Item 3 of the word "chiefs of departments" shall be replaced with words "chiefs of structural divisions";

in paragraph four of item 4 of the word of "the state control of condition, use, protection, protection of forest fund and reproduction of the woods" shall be replaced with words "control in the field of use, protection, protection and reproduction of the woods";

third Item 5 to state the paragraph in the following edition:

"the deputy directors managing laboratories, knowing questions of protection and protection of the woods, reforestation.";

Rules of leave of wood on root and its procurements in the woods of the Republic of Belarus to recognize invalid;

Rules of realization of wood in the domestic market of the Republic of Belarus to be reworded as follows (are attached);

in Regulations on the state forest protection of the Republic of Belarus:

state Item 3 in the following edition:

"3. The state forest protection is performed by officials to whom functions of the state forest protection of the Republic of Belarus, the Ministry of forestry and the state organizations which are under its supervision, the public forestry and landscape institutions subordinated to the Ministry of Defence, the experimental forest bases subordinated to National academy of Sciences of Belarus, educational-experimental forestries subordinated to the Ministry of Education, the public nature protection institutions exercising control of reserves and national parks, the forestry and landscape organizations, subordinated to Administration of the President of the Republic of Belarus, the public nature protection research establishment "Polesia National Radiation and Ecological Park", the organizations subordinated city (the cities of regional subordination and Minsk) to executive and administrative organs are assigned which competence includes maintaining forest-park economy (further - officials of the state forest protection).

The official ID of the established sample which form is determined by the Ministry of forestry is issued to officials of the state forest protection.

Forms of instructions of elimination of violations, of restriction (suspension) of the right of forest utilization by sites of forest fund and permission to recovery of the right of forest utilization are established by the Ministry of forestry.";

in Item 6:

word in paragraph one "the obligations and the rights provided in Articles 83-85" shall be replaced with words "the powers provided in Article 100";

state subitem 6.1 in the following edition:

"6.1. ensure safety in forest fund of hydroforest melioration systems, forestry and landscape roads, fire reservoirs, gaps, objects of permanent forest seed base, selection and genetic objects, forest nurseries, forestry and landscape signs and other property connected with use, protection, protection and reproduction of the woods, protection of fauna;";

state subitem 6.3 in the following edition:

"6.3. control carrying out in the woods of forestry and landscape actions and other works;";

in subitem 6.5 of the word of "the fires in forest fund" shall be replaced with words "wildfires";

in Item 8 of the word "behind condition, use, protection, protection of forest fund and reproduction of forest fund" shall be replaced with words "in the field of use, protection, protection and reproduction of the woods";

to be reworded as follows regulations of issue of uniform to officials of the state forest protection of the Republic of Belarus (are applied);

to be reworded as follows signs of distinction of officials of the state forest protection of the Republic of Belarus and their description (are applied);

to be reworded as follows the description of uniform of officials of the state forest protection of the Republic of Belarus it (is applied);

1.3. in the Presidential decree of the Republic of Belarus of June 24, 2008 No. 348 "About dachshunds for determination of the amount of the indemnification caused to the environment":

in Item 1:

in the subitem 1.1 of figure "1-8" to replace with figures "1-6, 8";

in subitem 1.2:

state subitem 1.2.1 in the following edition:

"1.2.1. as a result:

emission of the pollutant in atmospheric air connected with violation of requirements in the field of environmental protection, other violation of the law except arrived from the stationary or mobile source of emissions performed in borders of the natural territories, subjects to special and (or) special protection the coefficient 3 is applied to the rates established in appendix 1 to this Decree;

the dumping of sewage into superficial water object with violation of requirements in the field of environmental protection, other violation of the law which entailed temperature increase in control alignment of superficial water object (except for technological water object *) in comparison with its natural temperature in background alignment from 3 to 5 degrees Celsius, the rate equal to 0,1 of basic size for one cubic meter of the dumped sewage, and in case of temperature increase from 5 and more degrees Celsius - the dachshund equal to 0,5 of basic size for one cubic meter of the dumped sewage is applied;";

add the subitem with the interlinear note of the following content:

"______________________________

* For the purposes of this Decree technological water objects are understood as the water objects used for chilling, evaporation, averaging, upholding of sewage, lowering of the level of waters (the reservoirs cooling agents, ponds evaporators, ponds averagers bringing channels of pumping points and other similar objects) and also for fire-proof needs (fire reservoirs), cultivation and cultivation of fish (ponds and channels of the fish-breeding organizations).";

to state part one of subitem 1.2.2 in the following edition:

"1.2.2. in case of degradation of lands (including soils) in addition are applied to the rates established in appendices 4 and 5 to this Decree:

2,5 coefficient - in case of degradation of lands of nature protection, improving, recreational, historical and cultural appointment, lands in borders of the natural territories, subjects to special and (or) special protection;

coefficients according to appendix 11 to this Decree - in case of degradation of lands (including soils) in the form of pollution by their chemical and other substances.";

state subitem 1.2.3 in the following edition:

"1.2.3. when dumping sewage into the water object used for reproduction, nagul, wintering, migration of species of fish of groups lososeobrazny and osetroobrazny, satisfactions of drinking needs, productions of food, medicinal and veterinary means and (or) located in especially protected natural territory, with violation of requirements in the field of environmental protection, other legislation 1,38 coefficient is applied to the rates established in appendix 6 to this Decree;";

state subitem 1.2.7 in the following edition:

"1.2.7. the following coefficients are applied to the rates established in Items 1-3 of appendix 8 to this Decree:

in case of the illegal cabin, removal, withdrawal, destruction and (or) damage to extent of the termination of growth of the wood and shrubby and other vegetation (plantings) located in borders of reserves, reserved zones of national parks - coefficient 5, in borders of national parks (except for reserved zones), wildlife areas and nature sanctuaries of republican value, - coefficient 4, in borders of wildlife areas and nature sanctuaries of local value, habitats of wild animals and (or) growths of the wild-growing plants relating to the types included in the Red List of the Republic of Belarus in borders of typical and rare natural landscapes and biotopes on which local executive and administrative organs make decisions on their transfer under protection to users of the parcels of land and (or) water objects - coefficient 3, in the recreational and improving and protective woods, and also the woods carried by forest management projects approved till December 31, 2016, to the woods of the first group (except for located in borders of especially protected natural territories, habitats of wild animals and (or) growths of the wild-growing plants relating to the types included in the Red List of the Republic of Belarus in borders of typical and rare natural landscapes and biotopes), - coefficient 2;

in case of the illegal cabin, removal, withdrawal, destruction of dead standing wood and shrubby vegetation - 0,25 coefficient;";

in subitem 1.5:

to add subitem 1.5.2 after the word of "dumpings" with words of "sewage in water objects";

state subitems 1.5.4 and 1.5.5 in the following edition:

"1.5.4. emissions of pollutants in the environment, dumpings of sewage into the water objects made over the established standard rates (temporary standard rates) of admissible emissions and dumpings of chemical and other substances or without the established standard rates (temporary standard rates) in cases when the legislation provides establishment of such standard rates, and also dumpings of sewage into the superficial water objects which entailed temperature increase in control alignment of superficial water objects (except for technological water objects) in comparison with their natural temperature in background alignment from 3 and more degrees Celsius;

1.5.5. degradations of lands (including soils) owing to pollution with concentration of pollutant in the earth (including soils) exceeding the standard rate of threshold limit values of chemical and other substances, and in the absence of such standard rate - with the concentration exceeding indicator of background concentration of pollutant in two and more times.";

in the name of appendix 1 to this Decree of the word of "stationary source of emissions or motorized vehicles" shall be replaced with words "stationary or mobile source of emissions";

to be reworded as follows appendix 2 to this Decree it (is applied);

in appendix 5 to this Decree of the word "the woods of the first group", "the woods of the second group" to replace respectively with words "the nature protection, recreational and improving and protective woods", "the operational woods";

to be reworded as follows appendix 6 to this Decree it (is applied);

7, 9 and 10 to this Decree to exclude appendices;

to be reworded as follows appendix 8 to this Decree it (is applied);

1.4. in the list of the ministerial procedures performed by state bodies and other organizations for petitions from citizens, No. 200 approved by the Presidential decree of the Republic of Belarus of April 26, 2010 "About the ministerial procedures performed by state bodies and other organizations for petitions from citizens":

in the column 2 of Items 16. 10, 16.102 and 16.103 words "forestry of the Ministry of forestry" shall be replaced with words "the legal entity conducting forestry subordinated to the Ministry of forestry";

to state the column 2 of Item 16.13 in the following edition:

"the public forestry and landscape institution subordinated to the Ministry of forestry, the public forestry and landscape institution subordinated to the Ministry of Defence, the experimental forest base subordinated to National academy of Sciences of Belarus, the educational-experimental forestry subordinated to the Ministry of Education, the public nature protection institution exercising control of the reserve or national park, the forestry and landscape organization subordinated to Administration of the President of the Republic of Belarus, the public nature protection research establishment "Polesia National Radiation and Ecological Park", the organization subordinated city (the cities of regional subordination and Minsk) to executive and administrative organ which competence includes maintaining forest-park economy (further - the legal entity conducting forestry)";

state Item 16.14 in the following edition:

"16:14. Issue of the warrant for the cabin of the wood no more than 50 cubic meters of wood structural division of the legal entity conducting forestry (forest area) the statement

the document confirming introduction of payment 2 days from the date of filing of application till December 31 of year in which the order is issued are free (the payment is levied for the wood released on root)";

to state the column 2 of Item 16.15 in the following edition:

"structural division of the legal entity conducting forestry (forest area)";

add the list with Item 16.15-1 of the following content:

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