This content is exclusively provided by FAO / FAOLEX

Presidential Decree No. 63 “On improvement of work with property which has been seized, arrested or converted into state income.

Country
Type of law
Regulation
Source

Abstract
The effect of this Regulation shall apply to property (with the exception of cash, securities, and shares in the authorized capital of legal entities) seized, arrested, or confiscated by a court verdict (order) or transferred to the state in some other way, property subject to collection in payment of an unfulfilled tax obligation, unpaid penalties, and property released from seizure by the body conducting criminal proceedings. The records are kept in relation to wild animals, wild growing plants, including those that are CITES specimens or belong to species included in the Red Book of endangered species of the Republic of Belarus, their parts and (or) derivatives, tree saps. In the event of the death of wild animals and (or) wild growing plants before their subsequent registration, the aforesaid animals and (or) plants may be transferred by the authorized body to research institutions determined by the National Academy of Sciences of Belarus, at the request of the authorized body on the interest in the further use of the dead wild animals and (or) wild plants. In the absence of interest in further use, the dead wild animals and (or) wild plants are destroyed in accordance with environmental, sanitary, fire safety and other requirements in the manner prescribed by law, with the authorized body drawing up a certificate of destruction, or are transferred to organizations. Preliminary assessment of live wild animals, wild growing plants not damaged to the point of growth cessation, including those that are CITES specimens or belong to species included in the Red Book of endangered species of the Republic of Belarus, their parts and (or) derivatives is carried out by the authorized body in accordance with the taxonomic (systematic) categories of wild animals and wild plants according to the rates for determining the amount of compensation for damage caused to the environment by natural persons and legal entities as a result of the illegal removal or destruction of wild animals and the harmful impact on their habitat. In the absence of rates for single categories of wild animals and wild growing plants, preliminary assessment is carried out in accordance with the recommendations of the Secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed in Washington on March 3, 1973 (CITES), or on the basis of current free (market) prices. When registering live wild animals, wild growing plants, including those that are CITES specimens or related to species included in the Red Book of endangered species of the Republic of Belarus, their parts and (or) derivatives, the authorized body shall not draw up a conclusion on the impossibility (inexpediency) of their sale. After registering live wild animals, wild growing plants, including those that are CITES specimens or related to species included in the Red Book of endangered species of the Republic of Belarus, their parts and (or) derivatives, the authorized bodies shall ensure that an application is submitted to the bodies implementing state control in the field of plant protection or the bodies implementing state veterinary supervision for the relevant examination. The decision on the use of live wild animals, wild growing plants, including those that are CITES specimens or related to species included in the Red Book of endangered species of the Republic of Belarus, their parts and (or) derivatives shall be made by a division of the Department in agreement with the Ministry of Natural Resources and Environmental Protection. In this case, the utilization and industrial processing of live specimens of CITES and wild animals, wild growing plants included in the Red Book of endangered species of the Republic of Belarus are not allowed. Collection of the cost of wild animals, wild growing plants (except for specimens of CITES and wild animals, wild growing plants related to species included in the Red Book of endangered species of the Republic of Belarus), which were the subject of an administrative offense or a crime, is carried out by the court or an authorized body at the cost of illegally obtained products of wild animals, timber and other forest products established by the Council of Ministers of the Republic of Belarus.
Date of text
Entry into force notes
This Presidential Decree enters into force after its official publication.
Notes
English version is incomplete. It is and extract from the document.
Repealed
No
Source language

English

Legislation Amendment
No
Original title
УКАЗ ПРЕЗИДЕНТА РЕСПУБЛИКИ БЕЛАРУСЬ 19 февраля 2016 г. № 63 О совершенствовании работы с имуществом, изъятым, арестованным или обращенным в доход государства.
Implements