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Law No. 4,215 Of 10 December 1938 For Creating Military Zones And For The Necessary Measures Of Defense Of The Country

Original Language Title:  LEGE nr. 4.215 din 10 decembrie 1938 pentru crearea zonelor militare şi pentru măsurile necesare apărării tarii

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LEGE no. 4.215 4.215 of 10 December 1938 for the creation of military areas and for measures necessary to defend
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 293 293 of 16 December 1938



+ Chapter 1 General provisions + Article 1 Military areas for the works and special measures necessary to defend the country are established on the territory of the Romanian State. + Article 2 Military areas for the necessary works or measures of provision and safety to defend the country are: a) Areas of fortifications; b) Areas of military interest; c) Border areas. + Article 3 The fortification area is the territory on which fixed military works are located, aimed at increasing the resistance of the defense and saving its forces. The area of military interest is the territory subject to the provision and safety regime created by this decree-law. The border area is the Romanian territory along the borders of the country whose depth varies by the nature of the border between 10-30 km. + Article 4 The creation of military areas throughout the country will be proposed by the Army's General Staff, at the request of the Ministry of National Defence and the Ministry of Air and Navy. They shall be established, amended, or disbanded by a journal of the Council of Ministers, reinforced by a high royal decree. + Article 5 The safety and provision measures, imposed by this decree-law, will be applied by law from the day of publication in the Official Gazette of the high royal decree mentioned above. + Article 6 All the lands located in the fortification area belonging to the lands, communes and regions or autonomous houses, are affected by these areas in order to work on existing fortifications, or those that will be built inside these areas of to the Ministry of National Defence and Ministry of Air and Navy. These buildings pass by right into the property of the State and in use of these ministries. + Chapter 2 General provisions + Article 7 All the buildings belonging to the individuals, located in the fortification areas, will be expropriated with the forms and in the conditions of the expropriation law for the cause of public utility. + Article 8 All buildings with or without buildings, or installations of any kind, located in military areas that will not be expropriated, are subject to the provisions of the present decree-law. + Article 9 Inside military areas, the Ministry of National Defence and the Ministry of Air and Navy may prohibit, by ministerial decision, in whole or in part: 1. Constructions of any nature on the surface or underground. 2. Planting of forests, trees and fruit trees, as well as high forage plants as: corn, broom, etc. 3. Forest deforestation, asanarea or drainage of land, lakes, etc. 4. Installation of water pipes, gas, canal, electricity, etc. 5. Installation of telegraphy with or without wire, radio stations, broadcast or reception, telephone or television stations and in general of any means of communication, of transmission, etc., established by the Ministry of National Defence and the Ministry Air and Navy. 6. Exploitation of mines, quarries or any underground riches. 7. Access of persons on foot, on horseback or in any kind of means of locomotion, land, air or on water. + Article 10 No person can be established in the military areas without prior authorization from the Ministry of National Defence or the Ministry of Air and Navy. The military authority may, in the interests of the safety of military areas, remove from these areas any persons established temporarily or definitively in these areas, without justification, but with a prior announcement of 24 hours. + Article 11 It is absolutely forbidden to any person unauthorized by the Ministry of National Defence or the Ministry of Air and Navy to execute measurements, raises of plans, topographic works, photographs, paintings, drawings, or sketches in which it would include portions of military areas or national defense works. + Article 12 The Ministry of National Defence and the Ministry of Air and Navy are authorized that, apart from their own military works, order in areas of military interest any safety measures, as well as execute any work for operations military as: levelment, excavations, abolition of construction, tunnel, foundations, roads, bystanders, plantations with trees, etc., for the adaptation of land for the purpose of military purpose pursued for the defense of the country. + Article 13 Any work, construction, plantation that a particular would like to do on the land falling into a military zone, must be in advance approved by the Ministry of National Defence and the Ministry of Air and Navy, which may require that its execution it is so that it also corresponds to the requirements of the national defence. + Article 14 The counties, communes and any public institution, which possess land located in border areas or of military interest, are obliged to cede for use, without any indemnity, all surfaces intended for measures or works provided above. The same bonds have all other owners of such land, in exchange for an annual allowance that will be fixed by the county court respectively and which will not be able to exceed in any case the income of those lands, entered in the roles tax of those perceptions. + Article 15 The Ministry of National Defence and the Ministry of Air and Marine, in union with the Ministry of Interior, are authorizing to fix the cash or labor contribution of the lands, communes and other public institutions in the military areas, in order to to carry out the works or to pay the allowances provided above. + Article 16 In case of sale, the state, through the Ministry of National Defence and the Ministry of Air and Navy, has the right of pre-emption for all buildings located in military areas, with the obligation to exercise it within 3 months of notification. conditions of sale. With regard to the rental or lease of these buildings, the State has a right of preference, and in case of exercising this right, the rent or lease will be fixed in accordance with art. 14, last paragraph. No sale, lease or lease of such immovable property can be done except with a prior authorization of these ministries, under penalty of absolute nullity. + Chapter 3 Special measures for military plants, establishments and warehouses + Article 17 Land area, within a radius of 100-150 m, proposed by the Ministry of National Defence or the Ministry of Air and Navy, after each case, around the boundary of the land on which factories, establishments, plants, belonging to the State or To the Regions, Autonomous Houses or private enterprises that produce any kind of warring material: (weapons, munitions, explosives or aeronautical materials), they can express themselves for the cause of public utility according to the expropriation law. In this area are prohibited any constructions of any nature and any kind of plantations of trees and fruit trees. In the cases established by the Ministry of National Defence or the Ministry of Air and Navy you can still allow plantations meant to serve for camouflage, which will only be executed with the opinion of these ministries. + Article 18 It is forbidden to install at a distance of less than 250 m, measured from the border of the factories of the establishments and plants shown in art. 17, other factories, establishments, plants of any kind, as well as deposits of feed, combustible or flammable materials. It is forbidden to place factories, establishments, fodder, fuel, etc. at a distance of less than 250 m from the boundary of buildings where munitions, explosives, chemical and aeronautical material are found, as well as deposits of fuel, solid or liquid, or feed deposits belonging to the State. + Article 19 It is forbidden to place combustible deposits or flammable materials at a distance of less than 500 meters from the wintering basins on the Danube, counted from the limits of the basin. + Article 20 For fuel ports it shall be prohibited: 1. Pina at a distance of 50 m from the limit of the port, any kind of constructions and plantations of tall trees. 2. Pina at a distance of 500 m from the limit of the port, deposits or depositaries of flammable or combustible materials, spirit or other such materials. + Article 21 Any liquid fuel deposits, which will be built after the publication of this decree law, will be underground. + Chapter 4 Special measures for aeronautics and marine + Article 22 The Ministry of Air and Navy, in agreement with the Ministry of Agriculture and Domains, establish the specific sources intended for landing. + Article 23 All airports, with all the constructions and improvements on them, belonging to the counties, communes or other public institutions, will be passed, based on a royal decree, owned by the State and put into use by the Ministry of Air and Navy. + Article 24 The flight over military areas is prohibited without special authorization given by the Ministry of National Defence with or without the right of landing in other corridors, as provided for in the special permits issued to aviation pilots. The authorizations shall be nominal and shall be issued with the prior notice of the General Staff, within 3 or 6 months, after which they may renew. + Article 25 For aircraft of foreign nationality, the Ministry of Air and Navy, agreed with the Ministry of National Defence and the opinion of the General Staff, will conclude, through the Ministry of Foreign Affairs, with the respective States, the necessary agreements concerning the corridors and special rules for regular traffic lines and other categories of aircraft. + Article 26 In addition to cases of force majeure, aircraft may only land and take off at airports, aerodromes and hydroscales open to public traffic or on an authorised private aerodrome. + Article 27 Aerodromes, airports and hydroscales open to public traffic, shall be established each year by ministerial decision by the Ministry of Air and the Navy. The conditions and manner of operation and use of airports, aerodromes and hydroscales open to public traffic and those intended for private use, shall be established by the Ministry of Air and Navy, which may modify and even withdraw them. their authorization to operate whenever it finds necessary in the military interest, without for this measure to need any justification. + Article 28 In commercial ports, a key reserved for the Royal Navy is created. The length of this key varies with the importance of the port and will be at least 160 m. The quay is fixed by high royal decree based on the proposal made by the Ministry of Air and Navy. In ports where there are no quays, or their entire length does not exceed 400 m, a place of anchoring will be fixed. + Chapter 5 Penalties + Article 29 Anyone who follows the provisions of art. 9, 10, 12, and 13 of this decree law is punishable by imprisonment from 1 month to 2 years or with a fine of 10,000 to 500,000 lei. + Article 30 Anyone who follows the provisions of art. 11 of this decree-law is punishable according to the laws in force, the fine being up to 100,000 lei. + Article 31 Anyone who installs without authorization posts of reception and issue of any nature, with and without thread, is punishable by imprisonment from 1 year to 5 years and with the confiscation of installations for the benefit of the State. + Article 32 The modification without authorization of existing works or those that will be built in the future for which restrictions are provided by this decree-law shall be punished from 1 month to 1 year or with a fine of 1,000 to 200,000 lei. + Article 33 Any work or modification without authorization made in areas where such works are prohibited will be destroyed by the Ministry of National Defence or the Ministry of Air and Navy without any compensation and at the expense of the owner. + Article 34 Any technical agent (engineer, architect, conductor, builder, entrepreneur, installer of times what kind, etc.), who executes, abolishes or modifies the works and installations of any nature, for which the prior authorization was not given, according to this decree law, is punishable by the same punishment as the owner of the property and with the prohibition of the exercise of the profession from 1 year to 10 years. + Article 35 Civil servants who will issue permits for prohibited works, according to this decree law, will be punished with imprisonment from 2 months to 5 years or with a fine of 10,000 to 200,000 lei. + Chapter 6 Final provisions and transitors + Article 36 Within 30 days of the publication of the high royal decree for the establishment of military areas according to art. 4 of this decree-law, all those who live or have properties in these areas are obliged to present themselves to the bodies of the Ministry of National Defence or the Ministry of Air and Navy, to obtain the authorization necessary for their stay in these areas. All previous provisions, contrary to the present decree-law, are and remain repealed. + Article 37 A public administration regulation will unravel the provisions of this decree-law. ---------------