Clarification of Legislation on the Use of Model Aircraft and Unmanned Aerial Vehicles in the Republic of Belarus
Recently, the use of model aircraft and unmanned aerial vehicles has become popular among citizens. To avoid problems with the law, it is necessary to know and comply with legal requirements when organizing and performing their flights.
Thus, the use of model aircraft is prohibited:
- within prohibited zones, without coordination with state bodies (organizations) in whose interests such zones are established according to the list (the graphic list can be found on the website of the State Unitary Enterprise "National Cadastral Agency" (http://map.nca.by/map.html);
- in cases determined by the Security Service of the President of the Republic of Belarus in accordance with the Law of the Republic of Belarus "On State Protection";
- at an altitude exceeding 100 meters from the ground (water) surface;
- with a total mass of more than 0.5 kilograms without appropriate marking of the model aircraft, which is carried out by the owner (application of symbols, letters, numbers by engraving or using means resistant to atmospheric influences).
In addition, the user of a model aircraft is obliged to comply with its operating rules and safety requirements provided by the manufacturer, and also to take all possible measures (up to and including ceasing to use the model aircraft) in case of a threat to the life and health of citizens, their property, and the property of legal entities.
Unmanned aerial vehicles (UAVs) are most widely used in the Republic of Belarus, which, according to Article 1 of the Air Code of the Republic of Belarus, are understood as aircraft designed to perform flights without a crew on board.
UAV flight is carried out beyond visual contact with it using FPV goggles, a laptop, tablet, mobile phone, or other device.
Due to the requirements of paragraph 103 of the Aviation Rules for Flights in the Airspace of the Republic of Belarus, approved by Resolution No. 7/30 of the State Committee for Aviation of the Republic of Belarus and the Ministry of Defense of the Republic of Belarus dated 01.06.2004, UAV flights over populated areas, with the exception of rural ones, are prohibited.
To perform an official UAV flight, its owner must submit a flight plan or an application for the use of the airspace of the Republic of Belarus to the Unified Air Traffic Management System center. A mandatory condition in case of a flight with simultaneous aerial photography (photo and video shooting with a camera installed on the UAV) is the availability of permission from the General Staff of the Armed Forces for the airspace user (this is done free of charge by submitting a corresponding application).
The coordinates of dangerous zones within which UAV flights are permitted are given in the list of dangerous zones in the airspace of the Republic of Belarus (Appendix 2 to the Resolution of the Ministry of Defense No. 26 dated 09.11.2020). The graphic list can also be found on the website of the State Unitary Enterprise "National Cadastral Agency" (http://map.nca.by/map.html).
Failure to comply with the established norms for the organization and conduct of aircraft model and UAV flights is considered a violation of the rules for the use of airspace and entails administrative liability under Article 18.35 of the Code of the Republic of Belarus on Administrative Offenses with the imposition of a penalty in the form of a warning or a fine of up to 20 basic units for an individual, or up to 50 basic units for a legal entity. Responsibility for repeated commission of the same offense within a year is punishable by a fine of 10 to 50 basic units for an individual or 20 to 100 basic units for a legal entity.
In addition, depending on the nature of the actions and the consequences, criminal liability may arise.
At the same time, it is noted that current legislation allows military personnel (employees) of military formations and internal affairs bodies, employees of paramilitary security to use special means, weapons, combat and special equipment to suppress flights of unmanned aerial vehicles (aircraft models) that are carried out in violation of current legislation.
Deputy Prosecutor
Beshenkovichi District
1st Class Lawyer V.V. Doylidov