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Regulations on the State inspectorate on Wildlife protection under the President of the Republic of Belarus

THE ORDINANCE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS
January 27th, 2003, №45

ON AN ESTABLISHMENT OF THE STATE INSPECTORATE ON WILDLIFE PROTECTION UNDER THE PRESIDENT OF THE REPUBLIC OF BELARUS


Amendments:
The ordinance of the President of the Republic of Belarus, February 12th, 2004, №66 (National register of legal acts of the Republic of Belarus, 2004, №26, 1/5309);
The ordinance of the President of the Republic of Belarus, December 8th, 2005, №580 (National register of legal acts of the Republic of Belarus, 2005, №196, 1/6996);
The ordinance of the President of the Republic of Belarus, July 31st, 2006, №470 (National register of legal acts of the Republic of Belarus, 2006, №124, 1/7777);

(Extract)

To improve the system of state control in Wildlife protection and management, I hereby resolve:

1. To establish the State Inspectorate on Wildlife protection under the President of the Republic of Belarus on the basis of the Department of fishery resources and wild game protection, regional and inter-district inspectorates on fishery resources and wild game protection of the Ministry of natural resources and environment protection, separating the specified Department and inspectorates from the structure of the Ministry of natural resources and environment protection and delegating their functions to the State Inspectorate on Wildlife protection under the President of the Republic of Belarus.

2. To approve the attached Regulations on the State Inspectorate on Wildlife protection under the President of the Republic of Belarus.

3. To establish the number of employees of the State Inspectorate on Wildlife protection under the President of the Republic of Belarus at 268 units (excluding security and maintenance personal for buildings), reducing the numbers of the central office staff of the Ministry of natural resources and environment protection by 15 units and its territorial agencies by 269 units.

4. To specify that the Department of fishery resources and wild game protection, regional and interregional inspectorates on fishery resources and wild game protection of the Ministry of natural resources and environment protection will continue to exercise their authority till the reorganization, specified by the Clause1 of this Ordinance, has been completed.

5. Ceased to be in the force.

6. The Council of Ministers of the Republic of Belarus will: take measures aiming at implementation of this Ordinance within two months; ensure the adjustment of legal acts in conformity with this Ordinance within six months.

7. This ordinance comes into force starting with the date of signing of this Ordinance.

President of the Republic of Belarus A. Lukashenko

APPROVED


The Ordinance of the President of the Republic of Belarus

REGULATIONS

General provisions

1. The State Inspectorate on Wildlife protection under the President of the Republic of Belarus (State inspectorate) is an expressly authorized state agency accountable to the President of the Republic of Belarus, which exercise within the scope of its authority state control over Wildlife protection and management.

2. The activities of the State Inspectorate are regulated by the Constitution of the Republic of Belarus, by laws of the Republic of Belarus, by decrees, ordinances and executive orders of the President of the Republic of Belarus, by other legal acts and by these Regulations.

3. The State Inspectorate structure is approved by the President of the Republic of Belarus on submission made by the Chief of the State inspectorate.

4. The State Inspectorate is a legal entity, has a seal with the picture of the State emblem and with its name.

5. Financing of the State Inspectorate is effected by means of the Republican budget, including the allocated State budget funds, and by other sources allowed by the legislation.

6. The State Inspectorate employees, excluding maintenance personnel, are civil officers.

7. The State Inspectorate main tasks and functions are:

7.1. execution of state control over protection and management of wild animals, belonging to wild game and fishery resources, as well as of tree, shrub species and other harvested wild plants;

7.2. coordination of activities of state agencies and other organizations on execution of state control over protection and management of wild animals, belonging to wild game and fishery resources;

7.3. execution of control over measures taking by fish breeding organizations aimed at the preservation of the fish kept in ponds of these organizations.

8. The State Inspectorate:

8.1. independently or through cooperation with law-enforcement agencies, other state agencies, exercises functions of detection and suppression of violations in the area of protection and management of wild animals, belonging to wild game and fishery reserves, other wild animals if their taking out of the natural habitats is done with a violation of wild game hunting and fishery rules, as well as of tree, shrub species and other harvested wild plants;

8.2. independently or together with other state agencies or organizations carries out inspections checking the compliance of legal entities and individuals, including sole entrepreneurs, with the provisions of legal acts for protection and management of wild animals, belonging to wild game and fishery reserves, as well as tree, shrub species and other harvested wild plants;

8.2-1. conducts inspections of fish-rearing organizations to control preservation of fish kept in ponds of these organizations, suppresses theft of fish detected in the course of these inspections;

8.3. requests civil servants of state agencies, other legal entities as well as individuals, including sole entrepreneurs, to provide explanations for violations detected at the time of inspections;

8.4. within the scope of its authority issues binding instructions for state agencies and other legal entities as well as individuals, including sole entrepreneurs, aiming at the elimination of detected violations within a stipulated time frame;

8.5. within the scope of its authority carries out proceedings for administrative offences and brings claims for compensations of damages inflicted on the environment as a result of illegal taking out or elimination of wild animals , as well as damage to or elimination of trees, shrub species and other harvested wild plants;

8.6. within the scope of its authority prepares and in accordance with the established procedure issues draft regulatory legal acts on Wildlife protection and use, examines and approves related draft regulatory legal acts prepared by other state agencies and other organizations;

8.7. interacts with license agencies on licensing wild game husbandries and fishery facilities, including issuing approvals for special permissions (licenses) for the indicated activities;

8.8. approves a procedure of issuing permissions for the use of fauna and flora resources for scientific or other purposes with their taking out of their natural habitat as well as permissions to regulate the numbers of certain species of wild animals in compliance with the legislation on Wildlife species protection and management;

8.9. within the scope of its authority makes proposals on restrictions or prohibitions of particular types of fauna and flora resources use, approves establishment of these restrictions and prohibitions;

8.10. exercises control over state of fish protecting facilities, over activities carried out at water reservoirs, banks and bank lines and water protection areas, which affect fauna and flora resources, over the compensation of damages, inflicted on fauna and flora resources;

8.11. requests republican administration agencies, local executive and regulatory agencies, other legal entities and sole entrepreneurs to provide and gets from them free of charge information, needed to perform tasks assigned to the State Inspectorate;

8.12. in accordance with the established procedure engages specialists of state agencies and other organizations to control protection and management of wild game animals and fishery resources as well as trees, shrubs species and other harvested wild plants;

8.13. within the scope of its authority participates in international cooperation;

8.14. performs other functions, stipulated by the legislation.
The management of the State Inspectorate:

9. The State Inspectorate is headed by Chief appointed to a post and relived of it by the President of the Republic of Belarus.

The Chief of the State Inspectorate has two deputies who are appointed to their posts and relived of them by the Chief of the State Inspectorate with an approval of the President of the Republic of Belarus.

10. The Chief of the State Inspectorate:

10.1. directs activities of the State Inspectorate and is personally responsible for the fulfillment of the assigned tasks;

10.2. allocates duties to his deputies;

10.3. approves the staff list of the State Inspectorate in accordance with its structure and stipulated number of employees, as well as the salary fund;

10.4. approves regulations on structural departments of the State Inspectorate central office and of regional and inter-district inspectorates;

10.5. hires for a job and dismisses in accordance with the established procedure employees of the State Inspectorate;

10.6. exercises general management of the activities of regional and inter-district inspectorates;

10.7. within the scope of his authority issues orders;

10.8. in accordance with the established procedure rewards employees of the State Inspectorate and imposes disciplinary actions;

10.9. establishes salary supplements and extra payments to position salaries, approves a regulation on bonus payments to employees of the State Inspectorate;

10.10 exercises the right of ownership, management and disposal of the state property, belonging to the Republican property in compliance with the legislation;

10.11. exercises other authority in compliance with the legislation.

11. The Chief of the State Inspectorate is, in accordance with his position, the Senior State Inspector controlling protection and management of wild game and fishery resources as well as trees, shrubs species and other harvested wild plants.

12. The Chief of the State Inspectorate and his deputies are equal to respectively head of the Chief of the General Directorate of the President Administration of the Republic of Belarus and his deputies in terms of payment, material incentives, living conditions, medical support.

13. A board is formed at the State Inspectorate consisting of the Chief of the State Inspectorate (the board chairman), his deputies and other employees of the State Inspectorate and, if necessary, representatives of other state agencies. Members of the board are approved by the President of the Republic of Belarus.
The board’s meetings take place as appropriate but no less than two times a year under the chairmanship of the Chief of the State Inspectorate and, in his absence, under the chairmanship of his deputy.

The board’s meetings are legally qualified if they are attended by no less than two thirds of the total number of the board’s members.

The board takes decisions on issues discussed by majority vote out of the total number of the board members which is put on record and signed by the board chairman. In case of equality of votes, the Chairman’s vote is a decisive one.

The State Inspectorate officials exercising the state control over protection and management of fauna and flora resources:

14. The State Inspectorate officials who have the right to exercise control over protection and management of fauna and flora resources (hereinafter referred to as State Inspectorate officials) are the Chief of the State inspectorate, his deputies, chiefs of regional and inter-district inspectorates and other employees of the State Inspectorate appointed to the post of the chief state inspector, state inspector, district state inspector and junior state inspector.

15. The State inspectorate officials have the right within the scope of their authority:

15.1. to check documents authorizing the use of the fauna and flora resources, and fish kept in ponds of fish breeding organizations, to stop vehicles and watercraft and to carry out inspection of effects, vehicles and watercrafts, hunting and fishing gear, harvested wild plants, obtained and prepared products and other effects as well as to carry out body search of physical persons who committed an offence;

15.2. to have unimpeded access during 24 hours a day and without prior notification (upon availability of a service certificate), to the facilities of legal entities and sole entrepreneurs as well as military and other special facilities in accordance with the procedure established by the legislation, to exercise state control over protection and management of the fauna and flora resources, over the measures taken by fish breeding organizations aiming at preservation of fish kept in the ponds of these organizations;

15.3. to draw up administrative infringement notices on offences related to protection and management of the fauna and flora resources, as well as in cases of theft of fish kept in ponds of fish breeding organizations, to receive explanations from individuals who committed these offences;

15.4. to draw up a formal note and issue binding instructions aimed at elimination of detected violations following the results of inspections;

15.5. to confiscate animal hunting gear, stocks of wild plants, vehicles and watercrafts, devices and objects which served as offence tools, illegally obtained and prepared products as well as relevant documents from people violating legislation on Wildlife protection and management, or who committed theft of fish kept in ponds of fish breeding organizations;

15.6. to bring violators of the Wildlife protection legislation to the police in accordance with the procedure stipulated by the legislation;

15.7. to exercise other rights in compliance with the legislation.

16. The Chief of the State Inspectorate and his deputies, chiefs of regional and inter-district inspectorates within the scope of their authority have the right to:

16.1. in accordance with the legislation try cases of administrative offences and impose administrative sanctions for the breaches of the Wildlife protection legislation;

16.2. submit for examination by the state agencies and other organizations proposals on Wildlife protection and management issues;

16.3. submit in accordance with the procedure established by the legislation, proposals on restriction or suspension of activities of legal entities and sole entrepreneurs in cases of their failure to fulfill requirements on Wildlife protection and management and (or) instructions issued by officials, exercising control over protection and management of fauna and flora resources;

16.4. restrict or suspend work of particular production areas, workshops and other facilities if their operation is carried out with regular violations of the Wildlife protection and management requirements till the detected violations have been eliminated;

16.5. in accordance with the procedure established by legislation make proposals to agencies issuing such licenses to suspend or cancel special permissions (licenses) allowing particular activities if these activities are carried out in violation of the Wildlife protection and management requirements;

16.6. receive free of charge from legal entities and sole entrepreneurs information and documents, needed to exercise state control over Wildlife protection and management;

16.7. call citizens to review documents related to cases of their violations of the Wildlife protection and management legislation;

16.8. submit in accordance with the established procedure materials on conducted inspections and other documents to appropriate state agencies to decide on the issue of calling to account legal entities and individuals violating legislation on Wildlife protection and management;

16.9. exercise other rights, in accordance with legislation.

17. The State Inspectorate officials are bound:
to in due time and to the full extent exercise authority granted to them to preclude, detect and suppress violations of the legislation on Wildlife protection and management;
to guard state, commercial and other secrets protected by law;
to contribute to the rise of public awareness on issues of Wildlife management;
to explain requirements of the Wildlife protection legislation to citizens;
to fulfill other duties as required by Law.

18. The State Inspectorate officials bear responsibility in accordance with the legislation in case of improper execution of their duties.

19. The state Inspectorate officials in the line of duty are representatives of the state power and are under the State protection.

Any attempts which may in any way impede the above mentioned State officials to fulfill their duties or interference with their work are prohibited.

If a legal entity or individual believes that the actions of the State Inspectorate officials infringe on their rights or legitimate interests they have the right to lodge a complaint against these actions in accordance with the procedure established by the law with the prosecutor or the court.

The State protection of the State Inspectorate officials is carried out in accordance with the legislation on protection of judges, officials of law-enforcement and control agencies and in accordance with other legal acts.

20. The State Inspectorate officials have the right to wear uniform with insignia, bear and use arms in cases stipulated by Law when they are in the line of duty.

ON STATE INSPECTORATE ON WILDLIFE PROTECTION UNDER THE PRESIDENT OF THE REPUBLIC OF BELARUS