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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071412/-lege-nr.-4.215-din-10-decembrie-1938-pentru-crearea-zonelor-militare-i-pentru-msurile-necesare-aprrii-tarii.html

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Law No. 4,215 of 10 December 1938 for creating military zones and for the necessary measures of Defense the country ISSUING the PARLIAMENT Published in MONITORUL OFICIAL nr. 293 of 16 December 1938 Chapter 1 General provisions Article 1 is hereby set up within the territory of Roman military works areas and specific measures necessary to defend the country.


Article 2 areas of military works or measures of provision and safety required for the defence of the country are: a) the areas of fortifications;
  

b) areas of concern the military;
  

c) areas of the border.
  


Article 3 the fortification Area is the territory that was fixed, the military works to enhance defence and resistance to save its forces. The area of interest is the territory subject to military precautions and safety regime established by this decree-law. The border area is Romanian territory along the borders of the country whose depth varies between the border nature 10-30 km.


Article 4 creation of military zones throughout the country will be proposed by the General-staff of the army, at the request of the Ministry of national defense and the Ministry of the Navy. They shall establish, change, or abolish it through ' a diary of the Council of Ministers, hardened through a high Royal Decree.


Article 5 safety measures and precautions required by this decree-law shall apply as from the day of its publication in the Official Gazette of high Royal Decree mentioned above.


Article 6 all land located in the fortification belonging to public corporations, municipalities and Plots or autonomous Houses, these areas are affected in order to work on the existing fortifications, or those that will build up inside these areas by the Ministry of national defense and the Ministry of the Navy. These estate law pass in State ownership and the use of these ministries.


Chapter 2 article 7 Dispoziţiuni All buildings belonging to the private, located within the areas of fortification will be expropriated with forms and at the very top of the law of expropriation for public utility cause.


Article 8 All buildings with or without buildings, or instalatiuni of any kind in the military zones will not be expropriated, are subject to the provisions of the decree-law.


Article 9 within military zones, the Ministry of national defense and the Ministry of the Navy may prohibit, by ministerial decision, in whole or in part: 1. Constructiunile of any kind on the surface or underground.
2. Planting of forests, trees and fruit trees, as tall as fodder plants: corn, broom, etc. Deforestation, draining or draining lands, lakes, etc. Installation of water pipelines, gas, sewer, electricity, etc. Installation of wired or wireless telegraphy, radio stations, broadcast or reception, telephones or television and in general to all forms of communication, observation, etc., established by the Ministry of national defense and the Ministry of the Navy.
6. The operation of mines, quarries or underground riches.
7. access to persons on foot, horseback or in any kind of locomotiune, terrestrial, aerial or on the water.


Article 10 no person cannot be ascertained in the military areas without prior authorization from the Ministry of national defense or the Ministry of the Navy. The military authority may in the interests of safety whenever, military zones, to depart from these areas any person established or definitively in these areas, without justification, but with a warning prior 24 hours.


Article 11 Is absolutely prohibited any unauthorised persons from the Ministry of national defense or the Ministry of the Navy to execute measurements, raises plans, surveys, photographs, paintings, desenuri, or sketches in which ' would encompass portions of military areas or national defense.


Article 12 the Ministry of national defense and the Ministry of the Navy are authorized as, apart from the work itself, its own military order in areas of military interest any safety measures, as well as to perform any work for the purposes of military operations as: levelling, dredging, construction, dismantle, foundations, roads, passes, with trees, etc., to adapt in order to land the military goal pursued for defending the country.


Article 13 any work, construction, plantation on which a particular you would want to do it on the falling in the military area, must be approved in advance by the Ministry of national defense and the Ministry of the Navy, which may require the execution to be carried out so as to comply with the requirements of national defence.


Article 14 Lands, communes and any public institution, possessing the land situated in border areas or military interest, are obliged to cede towards use, without any kind of compensation, all areas intended for measures or work referred to above. The same bonds they have everyone else also land owners, in return for an annual indemnizatiuni what will be fixed by the County Court and shall not under any circumstances exceed the income of those lands, the respective roles of perception.


Article 15 the Ministry of national defense and the Ministry of air and Marine, in connection with the Ministry of the Interior, am contributiunea fix autorize cash or labor to Plots, communes and other instituţiuni in the military areas, in order to carry out works or for the payment of benefits referred to above.


Article 16 in case of sale, the State, through the Ministry of national defense and the Ministry of the Navy, has the right of preemption for all properties located in areas with military obligation to exercise it within three months of notification condiţiunilor for sale. In terms of rental or leasing of such property, the State has a right of preference, and in case of exercise of this right, the rent or lease shall be fixed in accordance with article 5. 14, last paragraph. Any sale, lease or rental of real estate also can't be done only with prior authorization of these ministries, on pain of nullity.


Chapter 3 special steps for factories, warehouses and military establishments and Article 17 land area, within a radius of 100-150 m, proposed by the Ministry of national defense or the Ministry of the Navy, after each case, around the border of the land on which they are installed factories, establishments, factories, belonging to the State or the Autonomous public corporations, private Houses or businesses that produce any materials of R2 : (weapons, explosive or munitiuni, aeronautical material), may be expropriated for public utility expropriation law. In this area are forbidden any kind of construction and all kinds of trees and fruit trees. As stipulated by the Ministry of national defense or the Ministry of the Navy may however permit plantation to serve for camouflage, but will not run with only the opinion of these ministries.


Article 18 is not allowed to be installed at a distance of less than 250 m, measured from the factories and plants border establishments referred to in article 1. 17, other factories, establishments, plants of every kind, and feed warehouses, 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 the property where there are deposits of munitiuni, explosives, chemical materials and aeronautical material, as well as deposits of solid or liquid fuel or feed warehouses belonging to the State.


Article 19 it is forbidden to place combustible deposits are or inflammable materials at a distance less than 500 metres from wintering ponds on the Danube, credited to the pelvis.


Article 20 For fuel ports are prohibited: 1. Up to a distance of 50 m from the port, any sort of construction and tall trees.
2. Up to a distance of 500 m from the port, warehouses or storage of flammable or combustible materials, alcohol or other such material.


Article 21 Any fuel depots, which will build up after the publication of this decree law, will be underground.


Chapter 4 special measures for aviation and Navy Article 22 air and Navy Ministry, in agreement with the Ministry of agriculture and green land Areas, establish specific intended landing.


Article 23 all airports with all constructiunile and ameliorarile on the other, belonging to the House of Commons and other plots, public institutions, shall be entered under a Royal Decree, State-owned and in service of the Ministry of the Navy.


Article 24 Flight above military areas is forbidden without special authorization from the Ministry of national defense date with or without landing in other corridors, as will be set out in the special permits issued to pilots and aviators. Autorizaţiunile are nominal and are issued with the prior opinion of the General staff, for 3 or 6 months, after which they can renew.


Article 25


For aircraft of foreign nationality, the Ministry of the Navy, agreed with the Ministry of national defense and the General staff, will conclude, through the Ministry of Foreign Affairs, with the States concerned, the necessary agreements and norms concerning scavenging for regular traffic lines and other categories of aircraft.


Article 26 except in cases of force majeure, no aircraft can land and take off than airports, targeting and hidroscalele open for traffic on a public or private airfield.


Article 27 Targeting airports and hidroscalele open public traffic shall be fixed each year by the ministerial decision of the Ministry of the Navy. Conditions and methods of operation and the use of airports, aerodroamelor and hidroscalelor the public and open for traffic destined for particular transactions shall be determined by the Ministry of the Navy, you can modify and even withdraw their running whenever you find it necessary in the interests of the military, without for this measure may require justification.


Article 28 commercial ports to create a cheiu reserved the Royal Navy. The length varies with the importance of this cheiu the port and shall be at least 160 m high Pier is fixed by Royal Decree on a proposal made by the Ministry of the Navy. In ports where there are no banks or their entire length does not exceed 400 m, will fix a place of anchorage.


Chapter 5 Penalties article 29(1) Anybody step dispoziţiunile art. 9, 10, 12, and 13 of this decree law shall be punished by imprisonment from 1 month to 2 years, or with fine from 10,000 to 500,000 lei.


Article 30 Anyone know dispoziţiunile art. 11 of this decree-law shall be punished according to the laws in force, the fine can rise up to 100,000 lei.


Article 31 Whoever installs without authorization and stations broadcast of any nature with wirelessly and is punishable by imprisonment from 1 year to 5 years, with confiscation of instalatiunilor on behalf of the State.


Amendment 32 article without authorization of existing works or those who will build in the future for which provision is made in restricţiuni by this decree-law shall be punished from 1 month to 1 year or with a fine from 1,000 to 200,000 lei.


Article 33 any work or modified without authorization made in areas where it is forbidden also works will destroy by the Ministry of national defense or the Ministry of the Navy without any compensation and at the expense of the owner.


Article 34 any technical (engineers, architects, conductor, Builder, contractor, plumber or what kind, etc.), which execute, modify or abolish the jobs and instalatiunile of any kind, for which there was given prior authorization in accordance with this decree law shall be punished with the same punishment as the owner of the real estate profession and with the ban from 1 year to 10 years.


Article 35 civil servants who will issue authorizations for prohibited works, under this decree law shall be punished by imprisonment from 3 months to 5 years or with fine from 10,000 to 200,000 lei.


Chapter 6 Dispoziţiuni final and transitorii Article 36 within 30 days of the publication of the high Royal Decree for the establishment of the military; 4 of this decree-law, all people who live or have properties in these areas are obliged to present the bodies of Ministry of national defence or the Ministry of the Navy, in order to obtain the necessary autorizaţiunii their stay in these areas. All previous dispoziţiunile, the Decree-Law of opposites, are and shall remain abrogated.


Article 37 A regulation of public administration will desvolta dispoziţiunile to this decree-law.
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