On the procedure for using model aircraft and unmanned aerial vehicles in the airspace of the Republic of Belarus

September 16, 2024

In the context of the development of digital technologies in the modern world, model aircraft and unmanned aerial vehicles (hereinafter referred to as UAVs) have become widely used, and not always legally.

According to the Department of Aviation of the Ministry of Transport and Communications, 57 reports of flights of UAVs and model aircraft were recorded in the airspace in 2021 (35 in 2020). In 7 cases, flights by the specified aircraft were carried out in violation of the requirements of national legislation, and their owners (users) were brought to administrative responsibility.

Thus, violation of the rules for the use of airspace entails administrative responsibility 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 (for an individual - up to 20 basic units, for a legal entity - up to 50 basic units). Responsibility for repeated commission of the same offense within a year is punishable by a fine: for an individual in the amount of 10 to 50 basic units, for a legal entity - from 20 to 100 basic units.

For example, in January 2022, a resident of Glubokoye was prosecuted under Art. 18.35 of the Code of Administrative Offenses of the Republic of Belarus for conducting aerial photography using a quadcopter without the permission of the General Staff of the Armed Forces of the Republic of Belarus.

Currently, national legislation does not directly provide for criminal liability for violating the rules for the use of unmanned aerial vehicles in the airspace of the Republic of Belarus. However, depending on the consequences, the actions of the guilty person may be qualified under Art. 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.

In order not to be held liable for violating the rules for the use of airspace, it is necessary to know the procedure for using model aircraft and UAVs.

According to the Decree of the President of the Republic of Belarus of 25.02.2016 No. 81 "On the Use of Model Aircraft", a model aircraft is understood as an aircraft without a person on board, the flight of which can only be controlled with visual contact, as well as an uncontrolled free-flying apparatus.

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 of 16.08.2016 No. 636.

In accordance with the requirements of the aforementioned Rules, the use of model aircraft is prohibited:

 - within zones prohibited for the use of model aircraft, 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 Unitary Enterprise "National Cadastral Agency");

- 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 proper marking of the model aircraft (marking of a model aircraft - applying symbols, letters, numbers by engraving or using weather-resistant means, 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 bodies of the Unified Air Traffic Management System in the manner determined by the Council of Ministers of the Republic of Belarus.

Unmanned aerial vehicles (UAVs) are more widely used in the Republic of Belarus. Pursuant to Article 1 of the Air Code of the Republic of Belarus, a UAV is understood as an aircraft intended for flight without a crew on board. A UAV flies outside the conditions of visual contact with it using FPV goggles, a laptop, a tablet, a mobile phone, or other devices.

Flights of UAVs over populated areas, with the exception of rural ones, are prohibited.

To perform an official flight of an unmanned aerial vehicle in the Republic of Belarus, 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 Air Traffic Management Unified System Center. The submission of these documents is carried out through the "Internet Application" system of the RUE for Air Navigation Services "Belaroonavigation" via a personal account after concluding a service agreement with the aforementioned organization.

An obligatory condition for a drone performing a flight with simultaneous aerial photography is the presence of a permit from the General Staff of the Armed Forces of the Republic of Belarus for the airspace user. Information on the availability of such a permit is indicated in the flight plan or application for the use of airspace.

In accordance with the Decree of the President of the Republic of Belarus "On the Suppression of Flights of Air Models and Unmanned Aerial Vehicles" dated 05.06.2019 No. 215, military personnel (employees) of military formations and internal affairs bodies, employees of paramilitary security shall use special means, weapons, combat and special equipment to suppress flights of unmanned aerial vehicles (air models) that are carried out in violation of the current legislation.

 

Senior Assistant

Prosecutor of Gluboksky District                                     Alexandra Yankina

16.03.2022

 

APPROVED:

Prosecutor of Gluboksky District                                               

Justice Counselor                                                                           I.S. Volynets