Liability for unauthorized mineral extraction

Liability for unauthorized mineral extraction: what the law of the Republic of Belarus says

Illegal mineral extraction is a serious violation that infringes upon the state's exclusive ownership of subsoil resources.

In the Republic of Belarus, liability for such actions is regulated by the provisions of the Subsoil Code, the Code of Administrative Offences, and environmental legislation, which stipulate severe penalties, up to criminal liability.

According to Article 5 of the Subsoil Code of the Republic of Belarus, subsoil resources are the exclusive property of the state. The state exercises its rights of ownership, use, and disposal of subsoil resources through authorized state bodies and organizations.

Subsoil resources and the right to use them cannot be the subject of sale, purchase, gift, inheritance, pledge, or alienation in any other form. This means that any actions related to mineral extraction without the appropriate permit from state authorities are considered illegal and violate the right of state ownership.

Unauthorized extraction entails administrative liability in accordance with Article 16.36 of the Code of Administrative Offences of the Republic of Belarus, which imposes a fine:

· on individuals – up to 30 basic units;

· on individual entrepreneurs – up to 100 basic units;

· on legal entities – up to 300 basic units.

In cases where illegal extraction is associated with large-scale operations, corruption, or significant damage, criminal liability is incurred.

In addition to the fine, the offender is obliged to compensate for the damage caused to the environment.

For clarity: the damage from illegal sand extraction of just one dump truck load (20-ton capacity) will amount to approximately 1300 Belarusian rubles.

Illegal mineral extraction in Belarus is not just a violation, but an encroachment on the country's strategic resource.