On the use of model aircraft and unmanned aerial vehicles in the airspace of the Republic of Belarus
The law enforcement practice indicates that in the Republic of Belarus, violations of the procedure for using airspace with the use of model aircraft and unmanned aerial vehicles (hereinafter – UAVs) are systematically allowed. The main reason for this is the ignorance or disregard by the owners (users) of the specified aircraft of the legal requirements for organizing and conducting flights.
According to the information from the Department of Aviation of the Ministry of Transport and Communications, in the airspace in 2021, 57 reports of UAV and model aircraft flights were recorded (2020 – 35). In 7 cases, flights by the specified aircraft were carried out in violation of the requirements of national legislation, and the owners (users) were brought to administrative responsibility.
The use of drones in the commission of criminal offenses is noted.
According to the Decree of the President of the Republic of Belarus dated 25.02.2016 No. 81 "On the Use of Model Aircraft," a model aircraft is understood to be an aircraft without a person on board, the flight of which can be controlled only under the condition of visual contact with it, as well as an uncontrolled free-flying device.
The procedure for using model aircraft is established by the Rules for the Use of Model Aircraft in the Republic of Belarus, approved by the resolution of the Council of Ministers of the Republic of Belarus dated 16.08.2016 No. 636 (hereinafter – the Rules).
Thus, to ensure the safety of aircraft flights, the use of model aircraft is carried out at a height not exceeding 100 meters above the level of the ground (water) surface.
The use of model aircraft is prohibited:
- within the zones prohibited for the use of model aircraft, without coordination with the state authorities (organizations) in the interests of which such zones are established according to the list (the graphic list can be viewed on the website of the State Unitary Enterprise "National Cadastral Agency" (http://map.nca.by/map/htm1);
- 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 a height exceeding 100 meters above the level of the ground (water) surface;
- with a total weight of more than 0.5 kilograms without the appropriate marking of the model aircraft (the marking of the model aircraft – the application of symbols, letters, numbers by means of engraving or using means resistant to atmospheric effects, is carried out by its owner).
The use of model aircraft in the airspace of the Republic of Belarus is carried out without permits from the authorities of the Unified Air Traffic Organization System (the Unified System is formed from the relevant military and civilian authorities). They are not subject to state registration.
When using a model aircraft, the user is obliged to:
- comply with the requirements provided for by the above-mentioned Rules;
- observe the rules of its operation and comply with the safety requirements established by the manufacturer (producer) of the model aircraft;
- take all possible measures (up to and including ceasing the use of the model aircraft) in case of a threat of harm to the life, health, and (or) property of a natural person (individual entrepreneur), property of a legal entity.
Unmanned aerial vehicles are most widely used in the Republic of Belarus. According to Article 1 of the Air Code of the Republic of Belarus, a UAV is understood to be an aircraft designed to perform a flight without a crew on board.
For reference. A UAV flies outside the conditions of visual contact with it using FPV goggles, a laptop, a tablet, a mobile phone, or another device.
Due to the requirements of paragraph 103 of the Aviation Rules for Flights in the Airspace of the Republic of Belarus, approved by the resolution of the State Aviation Committee of the Republic of Belarus and the Ministry of Defense of the Republic of Belarus No. 7/30 dated 01.06.2004, flights of UAVs over populated areas, except for rural ones, are prohibited.
To carry out an official flight with a drone in the Republic of Belarus, its owner must submit a flight plan or application for the use of the airspace of the Republic of Belarus (hereinafter – IWP) to the center of the Unified Air Traffic Organization System. The submission of these documents is carried out through the "Internet Application" system of the State Unitary Enterprise for Aeronautical Navigation Services "Belavia Navigation" (https://fp1.ban.by/#/auth) through a personal account after a preliminary contract for servicing with the mentioned organization. The rules for preparing applications for IWP are defined in the Aviation Rules dated 03.03.2014 No. 5/4.
A mandatory condition in the case of a drone flight with simultaneous aerial photography is the presence of a permit from the General Staff of the Armed Forces for the user of the airspace. Information about the presence of such a permit is indicated in the flight plan or application for IWP.
For reference. According to paragraph 2 of the Rules for the Use of Airspace of the Republic of Belarus, approved by the resolution of the Council of Ministers of the Republic of Belarus dated 04.11.2006 No. 1471, aerial photography is the photo and video shooting in all areas of the optical spectrum of the Earth's surface and objects located on it, using a camera (video camera), mounted on a stabilization platform of the aircraft, performing a flight in the airspace, with the fixation of the obtained image on any information carriers.
The issuance of the specified permit is practically free of charge and in a short time. An application for obtaining a permit for aerial photography can be submitted electronically via email afs@mod.mil/by. In this case, the file with the application must have the extension ``*.pdf``.
For reference. Obtaining a permit for aerial photography does not entail automatic receipt of a permit for IWP.
The coordinates of hazardous zones, within which UAV flights are allowed, are provided in the list of hazardous 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). The graphic representation of this list can be viewed on the website of the State Unitary Enterprise "National Cadastral Agency" (http://map.nca.by/map.html).
This year, the Ministry of Transport and Communications of the Republic of Belarus plans to adopt Aviation Rules for the operation of UAVs and remotely piloted aircraft of civil aviation, taking into account the take-off weight of the specified aircraft, a procedure for their registration, certification, and accounting, professional training of UAV operators, and their admission to management is provided.
Violating the rules for using airspace entails administrative responsibility under Article 18.35 of the Code of the Republic of Belarus on Administrative Offenses, with penalties in the form of a warning or a fine (for individuals – up to 20 basic units, for legal entities – up to 50 basic units). Responsibility for repeated commission of the same offense within a year is punishable by a fine: for individuals from 10 to 50 basic units, for legal entities – from 20 to 100 basic units.
Currently, national legislation does not explicitly provide for criminal liability for violating the rules for using unmanned aerial vehicles in the airspace of the Republic of Belarus. However, depending on the consequences that have occurred, the actions of the guilty party may be qualified under Articles 147, 149, 153, 155, 218, 219, 314, 339, 289 or other articles of the Special Part of the Criminal Code of the Republic of Belarus.
At the same time, it is noted that the provision of the Decree of the President dated 05.06.2019 No. 215 allows military personnel (employees) of military formations and internal affairs bodies, employees of militarized security to use special means, weapons, combat and special equipment to stop the flights of unmanned aerial vehicles (model aircraft) that violate current legislation.
Prosecutor of the Braslav District Y.S. Kezik
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