On the rules for the use of aircraft
Thus, a model aircraft is understood as an aircraft without a person on board, the flight of which can only be controlled if there is visual contact with it, as well as an uncontrolled free-flying aircraft (Decree of the President of the Republic of Belarus No. 81 of February 25, 2016 "On the Use of Model Aircraft").
The use of model aircraft in the airspace of the Republic of Belarus is carried out without permits from the bodies of the Unified Air Traffic Management System. They are not subject to state registration.
The procedure for using model aircraft is approved by Resolution of the Council of Ministers of the Republic of Belarus No. 636 of August 16, 2016, and provides for certain restrictions on the use of such aircraft.
Thus, the use of model aircraft is prohibited:
- within prohibited zones, without coordination with the state bodies (organizations) in whose interests such zones are established, according to the list;
- a graphical list can be found on the website of the State Enterprise "National Cadastre 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 Security";
- 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 (applying symbols, letters, numbers by engraving or using means resistant to atmospheric effects).
In addition, the operator of an aircraft model is obliged to comply with its operating rules and fulfill the safety requirements provided by the manufacturer, as well as take all possible measures (up to ceasing the use of the aircraft model) in case of a threat of harm to the life and health of citizens, their property, and the property of legal entities.
Unmanned aerial vehicles (UAVs) have become more widespread in the Republic of Belarus, which, according to Art. 1 of the Air Code of the Republic of Belarus, are understood as aircraft intended for flights without a crew on board.
UAV flights are carried out outside the conditions of visual contact with them using FPV goggles, a laptop, a tablet, a mobile phone, or other devices.
Due to the requirements of clause 103 of the Aviation Rules for Flights in the Airspace of the Republic of Belarus, approved by Resolution No. 7/30 of the State Aviation Committee 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 carry out an official UAV flight, its owner is obliged to submit a flight plan or an application for the use of the airspace of the Republic of Belarus to the center of the Unified Air Traffic Management System. A mandatory condition for a flight with simultaneous aerial photography (photo and video recording with a camera installed on the UAV) is the availability of permission from the General Staff of the Armed Forces for the airspace user (issued 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 dated 09.11.2020 No. 26). A graphical list can also be found on the website of the State Enterprise "National Cadastral Agency" (http://map.nca.by/map.html).
Failure to comply with the established norms when organizing and conducting flights of model aircraft and UAVs is regarded as a violation of the rules for using airspace and entails administrative liability under Art. 18.35 of the Code of Administrative Offenses of the Republic of Belarus, 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. Liability 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.
It is important to remember that current legislation allows military personnel (employees) of military formations and internal affairs bodies, and employees of paramilitary security to use special means, weapons, combat and special equipment to suppress flights of unmanned aerial vehicles (model aircraft) that are carried out in violation of current legislation.
Senior Assistant Prosecutor of the Region A.A. Nizyulko