SELECTED SOVIET MILITARY TRANSLATIONS NO. 48 (DECREE ON STATE BORDER PROTECTION)
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CIA-RDP08C01297R000500010003-5
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Publication Date:
December 6, 1960
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JPRS: 6359
6 December 1960
SELECTED SOVIET MILITARY TRANSLATIONS
(Decree on State Border Protection)
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CSO: 2800-D/48
SELECTED SOVIET MILITARY TRANSLATIONS
(Decree on State Border Protection)
- USSR -
Decree of the Presidium of the USSR Supreme Soviet 324. On Confirmation
of the Statute on Protection of the State Border of the USSR.
the title, "Confirmation of the Statute on the Protection
of the USSR State Border," and includes the text of this
statute
'Following is a translation of a decree of the Presidium
of the USSR Supreme Soviet, published in Vedemosti
Verkhovnogo Soveta Soy za Sovetskikh Sotsialistieheskikh
Respublik (Records of the USSR Supreme Soviet)., No. 3
(1018), 30 August 1960, pages 747-756. The decree was
published as No. 324 of the Collected Laws of 1960, with
The Presidium of the Supreme Soviet of the USSR decrees:
1. That the Statute on Protection of the State Border of the
USSR is confirmed.
2. That the decree of the Central Executive Committee and the
Council of Peoples Commissars of the USSR of 15 June 1927 "On
Confirmation of the Statute on Protection of the State Border of the
USSR" and the Statute on Protection'of the State Borders of the USSR
(Collected Laws of the USSR, 1927, No 62, Articles 624 and 625) are
considered nullified.
L. Brezhnev, Chairman of the Presidium
of the Supreme Soviet of the USSR
Moscow, the Kremlin, M. Georgadze, Secretary of the Presidium
5 August 1960 of the Supreme.Soviet of the USSR
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STATUTE
ON PROTECTION OF THE STATE BORDER OF THE UNION
OF SOVIET SOCIALIST REPUBLICS
I. General Provisions
Article 1. The state border of the USSR is a line establishing
the limits of the land and water territory of the USSR. The vertical
plane which transects this line is the boundary of the air space and the
subsoil of the USSR.
Article 2. The state border of the USSR is established by
decisions of the supreme organs of state authority of the USSR and by
agreements which are in force between the USSR and other states.
The contour of the state border over land is established by
descriptive protocols and other documents of demarcation.
Article 3. Coastal maritime waters to a width of 12 nautical
miles, calculated-from the line of low tide both at the mainland as well
as around islands, or from the_.line,which is the outer limit of the
internal maritime waters of the USSR, are territorial waters of the
USSR. In certain cases provided by agreements of the USSR with other
states, the width of the territorial waters may be of other dimension.
The line of the outer limit of the territorial waters is the
state border of the USSR on the sea.
The maritime state border of the USSR in sectors where the terri-
torial waters of the USSR adjoin the territorial waters of contiguous
states is established in accordance with agreements concluded by the USSR
with the contiguous states, and in the absence of such agreements, in
accordance with accepted principles of international practice between
states, or along a straight line connecting the terminal points of the
land border at the sea.
Article !4. The internal maritime waters of the USSR comprise:
a) the waters of ports of the USSR, bounded on the seaward side
by the line which passes through the most seaward points of the
hydroinstallations and other port structures;
b) the waters of gulfs, bays, inlets and coastal lakes, the shores
of which belong entirely to the USSR, to a straight line running from
shore to shore at that place where is first formed one or several
openings from the seaward side, if the width of each of these does not
exceed 24 nautical miles;
c) the waters of gulfs, bays, inlets and coastal lakes, seas and
straits which historically belong to the USSR.
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Article 5. The state border of the USSR on navigable border rivers
is set at the center of the main channel or thalweg of the river or at
the center of the main branch; and on border lakes, at the center of the
lake or along a straight line connecting the terminal points of the land
border at the shores of the lake. The state border, when running along
a river or lake, is not'shifted e-ither when the contour of the shores or
the water level changes, or when the course of the river digresses to
either side, unless otherwise provided by agreements of the USSR with
other states.
Article 6. The state border of the USSR is clearly marked by
visible border markers (border posts, pyramids, mounds, trenches, buoys,
fixed beacons, etc.).
The line of the outer limit of the territorial waters of the USSR
may in certain places be marked for orientation purposes by buoys and
stakes.
II. System of Administration of the State Border
Article 7. The system of administration of the state border
(procedure for crossing the border, maintenance of border markers, work
operations on the border, etc.) is established by laws of the USSR and by
agreements of the USSR with contiguous. states.
Article 8. In the interests ofprotection of the state border on
the land and water territory of the USSR, in necessary instances a
border zone and.border strip are established by the Council of Ministers
USSR or, upon its instructions, by the Councils of Ministers of the
union and autonomous republics.
A border zone is established, as a rule, within the territorial
limits of the rayon or city, or the rural or village Soviet of Workers
Deputies, adjacent to the state border. The border zone, where
established, also includes the territorial and internal maritime waters
of the USSR and the Soviet portion of the waters of border rivers and
lakes. In the border zone, a particular system of administration is
applied.
The width of the border strip may not exceed 2 kilometers from
the line of the state border on land or from he shores oorder rivers
and lakes. Within the limits of this trip adequate systems of re-
strictions are applied by the Border Troops.
The Soviet portion of border rivers and lakes, as well as islands
belonging to the USSR on these rivers and lakes, are under the exclusive
control of the Border Troops.
Article 9. On certain sectors of the internal maritime and
territorial waters of the USSR, by decision of the competent agencies ,
areas may be established in which navigation by ships, anchorage, and
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marine industry are permanently or temporarily prohibited. The
establishment of such areas is reported in the "Notices to Navigators"
fIzveshcheniya moreplavatelyam.
Article 10. Entry within the limits of a border zone by persons
who are not permanent residents of this zone is prohibited without
authorization by agencies of the militia, in the absence of other
established procedure.
Entry and residence in the border strip is permitted only on
authorization of the Border Troops.
Article 11. Passage of persons across the state border of the
USSR is granted only upon evidence of official documents, drawn up in
the proper form, authorizing entry within the limits of the USSR or
F de arture from the USSR, and is effected at places where check points
kontrol'no-propusknoy punkt, KP7 of the Border Troops are located.
Control of the transfer of written materials and printed publi-
cations across the border is also executed at the check points.
Article 12. The passage of freight and other goods and valuables;
as well as diplomatic mail, across the state border of the USSR, is
performed by customs establishments.in conformance with the Customs Code
of the USSR and with special instructions.
Agricultural and wood products, plants, animals and birds, and
products of animal origin are subject to medical, veterinary and
phytological control, in addition to customs control.
Article 13. By agreement with contiguous states, simplified
procedures may be established for the passage of persons and accompanying
freight and other goods and valuables across ,the state border of the
USSR. Such passage may be accomplished both at check points and at
other places as agreed with the contiguous states.
Article 14. Rail, water, air, automotive and other transpor-
tation across the state border of the USSR is accomplished in accordance
with laws in force and agreements of the USSR with other states.
Transport conveyances, with the exception of air transports, are
granted passage across the border at border check points, whereas
aircraft of all types cress the border at established places (air
gateways). Departures of all aircraft from the territory of the USSR,
as well as the landing of aircraft after crossing the state border on
flights into the USSR, are authorized only at airfields at which check
points exist. Other procedures with respect to overflights and landings
by aircraft are permitted only by special authorization of the competent
agencies.
Article 15. Foreign nonmilitary vessels enjoy the right of
peaceful passage over the territorial waters of the USSR. Peaceful
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passage is considered to mean navigation across the territorial waters
for the purpose of transiting them without entering the internal o*ri-
time waters, or for the purpose of entering the internal maritime waters
or exiting the internal maritime waters to the open sea. A passage is
considered peaceful if the vessel follows the customary route of
navigation of a route recommended by the competent agencies, with
observance of the established system of procedure and in places where
there are no areas closed to navigation, as reported in the "Notices to
Navigators."
The schedule of ports, harbors and roadsteads open to foreign
ships, and the procedures for putting into them and lying over, for
performing cargo and passenger operations, for communications between
ship and shore, for visits ashore by personnel of the ships crews, for
visits aboard such ships by persons not belonging to the ships crews,
and other matters relative to calls by foreign nonmilitary vessels in
the territorial and internal maritime waters of the USSR, are regulated
by laws of the USSR and the union republics and by special regulations
and instructions issued by the competent agencies and published in the
"Notices to Navigators" and other official publications.
Article 16. Foreign military vessels transit the territorial
waters and enter the internal maritime waters of the USSR by prior
authorization of the Government of the USSR under procedures provided
by the regulations on calls by foreign military vessels in the
territorial and internal maritime waters of the USSR, published in the
"Notices to Navigators."
Foreign submarines authorized to visit the territorial and
internal maritime waters of the USSR must remain solely in surfaced
condition.
Article 17. Foreign military and nonmilitary vessels, while
calling in the territorial and internal maritime waters of the USSR,
are required to comply with the navigation, radiotelegraph, port,
customs, sanitary and other regulations on navigation and visits in
these waters.
Article 18. Foreign nonmilitary vessels suffering disaster, if
compelled to noncompliance with the regulations on peaceful passage
across the territorial waters of the US?R, are required to communicate
immediately concerning such cause to the nearest Soviet port. The
transmission of false disaster signals for the purpose of illegal entry
in the territorial waters of the USSR or layover in these waters is
considered a violation of the state border of the USSR. Ships trans-
mitting such signals are liable to detention.
Article 19. Operations in marine industry (fishing, catching of
crabs, hunting for marine animals, and any other industry) in the
territorial and internal maritime waters of the USSR by foreign vessels
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is prohibited except in cases when such industry is authorized by
agreements of the USSR with the states in question. It is likewise
forbidden to foreign vessels to conduct hydregraphic and research
V activities in the aforementioned waters.
Foreign vessels which violate the above provisions, or which,
although having authorization with respect to marine industry, proceed
in violation of established regulations, are liable to detention, and
persons guilty of the violation are held answerable in conformance with
the laws of the USSR and the union republics.
Article 20. Shipping, fishing, timber floating, water use and
the construction of various hydreinstallations on border rivers and
lakes are performed and regulated on the basis of agreements of the
USSR with contiguous states. In the absence of such agreements,
shipping, fishing, timber floating and water use in the Soviet portion
of the waters of border rivers and lakes is permitted on the basis of
regulations established by the competent agencies with the concurrence
of the Border Troops. In the same manner, the erection of various
hydroinstallations, which do not alter the water system of the river, is
authorized.
Article 21. The sending of any form of mail (letters, printed
matter, parcels, etc.) across the state border of the USSR is performed
in compliance with the requirements of the Customs Code of the USSR and
in accordance with agreements of the USSR and other states on the
exchange of mail.
Article 22. International telephone and telegraph communications
across the state border of the USSR, the inspection and repair of lines
used in such communications, as well as the construction, repair and
operation of gas, oil and electric power lines which cross the border,
are conducted in conformance with laws in force and agreements of the
USSR with other states.
Article 23. Customs, medical and sanitary, veterinary, and
phytologica l control at the state border of the USSR are executed by the
respective agencies of the Ministries of Internal Trade, Health, and
Agriculture, and at border railroad stations medical and sanitary
control is executed by the Ministry of Railroads, according to laws in
force and agreements of the USSR with other states. The above-named
ministries, with the concurrence of the Border Troops, the Ministry of
Foreign Affairs of the USSR and other interested authorities, issue
regulations binding on all for the execution of customs, medical and
sanitary, veterinary, and phyteelogical control.
For the performance of these functions, customs establishments
and veterinary and sanitary-quarantine points are organized, which are
stationed at points where Border Troops check points are located.
In the event of the appearance of a threatened spread of
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particularly dangerous infections on the territory of the USSR or of a
contiguous state, on the decision of the competent agencies the border
in the threatened sectors may be temporarily closed and quarantine of
persons, animals, freight, household goods, passenger belongings, and
other materials may be instituted.
Article 2I. To ensure fulfillment of agreements in matters
pertaining to the system of administration of the state border,
cooperation in the fulfillment of other agreements of the USSR with
contiguous countries on border matters, and settlement of border
incidents arising on the state border of the USSR, border representatives
of the USSR (border commissars, authorized border agents, and deputies
and assistants to then) are designated from the officer personnel of the
Border Troops.
Border representatives if the USSR are governed in their work by
the laws of the USSR, by agreements of the USSR with other states on
border matters, and by special instructions.
Questions not settled by the border representatives are referred
for resolution to diplomatic channels.
Article 25. In sectors of the state border of the USSR where
border representatives are not specially designated, their functions are
performed by the commanders of Border Troops units 5hast7, acting on
the basis of special instructions.
Article 26. The following are considered to be violators of the
state border of the USSR:
a) persons who cross (on foot, by conveyance or air travel) or
attempt to cross the state border at points not established for border
crossing, or at established crossing points by illegal means;
b) persons who violate the territorial and internal maritime
waters of the USSR, as well as the Soviet portion of the waters of
border rivers and lakes, aboard water craft or by swimming, if they
illegally enter these waters or illegally attempt to depart beyond
their limits;
c) foreign military and nonmilitary vessels entering the
territorial and internal maritime waters of the USSR, as well as the
Soviet portion of the waters of border rivers and lakes, in violation
of the established regulations on entry;
d) aircraft which cross the boundary of the air space of the
USSR, if they do not have authorization from the competent Soviet
agencies for flying across the border and over the land or water
territory of the USSR, or which, although having such authorization,
fly across the border at other than the established place or in
violation of the altitude 5prescribe7.
Article 27. Persons who violate or attempt to violate the state
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border of the USSR, and persons who send or attempt to send across the
state border of the USSR articles, materials, currency, and valuables
for which entry or exit is prohibited, as well as their accomplices, are
liable to arrest and prosecution in accordance with laws of the USSR and
the union republics.
Article 28. Captains of Soviet ships which navigate the border
waters who permit persons, neither members of their crews nor passengers,
aboard such ships illegally, bear responsibility in such cases.
III. Procedures in Protection of the
State Border of the USSR
Article 29. The Border Troops are charged with the protection of
the land and maritime state border of the USSR, and the Air Defense (PVO)
Troops, the boundary of the air space of the USSR.
In the performance of duties in protection of the state border of
the USSR, the Border Troops and PVO Troops are governed by laws in force
of the USSR and the union republics, by agreements of the USSR with
other states, by appropriate orders, instructions and directives, as
well as by the regulations of the Armed Forces of the USSR.
Article 30. In the protection of the state border of the USSR,
the Border Troops and, in appropriate instances, the PVO Troops perform
the following functions:
a) repel armed incursions into Soviet territory by military
formations and groups, and protect the border population and socialist
and personal property against criminal encroachment;
b) refuse passage (on foot, by conveyance or flight) across the
state border in other than established places or by illegal means;
c) apprehend violators of the state border;
d) conduct, at established points, the clearance of persons
intending to cross the state border;
e) ensure the preservation of border markers and upkeep of the
line of the state border of the USSR;
f) regulate, in conjunction with agencies of the militia, the
observance of regulations in the system of administration of the border;
: g) cooperate with agencies responsible for the supervision of
fisheries in protecting the maritime and river resources of the USSR
against plunder by ships not authorized to conduct operations or
operating in the territorial and internal maritime waters of the USSR
and the Soviet portion of the waters of border rivers and lakes in
violation of established regulations;
h) oversee the adherence by all ships to the regulations on
navigation within the limits of the territorial and internal waters of
the USSR, as reported in the "Notices to Navigators."
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Article 31. Within the limits of the border zone, of the border
strip or administrative areas adjacent to the state border, the Border
Troops have the right:
a) to station border details and establish road barriers and to
move about in the pursuit and apprehension of violators of the state
border in any part of the terrain. The pursuit of violators of the
state border may also be conducted beyond the limits of the said areas,
zone, or strip, on the territory of the USSR;
b) to accompany trains and other transport conveyances with
special border details;
c) to inspect documents carried by persons found in the border
zone and border strip and, in the pursuit of and search for border
violators, even beyond their limits;
d) to apprehend and transfer to agencies of the militia for
prosecution persons who violate regulations of the system of border
administration;
e) to restrict temporarily the execution of various work
operations directly at the border, with the exception of operations of
the Ministry of Defense USSR, projects of national importance, and
operations related to the combating of natural calamities (floods,
earthquakes, fires, etc.);
f) to utilize existing telephone and telegraph lines of the
Ministry of Communications USSR and other ministries and authorities, in
the investigation and apprehension of border violators, under conditions
agreed to by the local agencies of such ministries and authorities.
Article 32. In cases of violation of the state border the Border
Troops have the rights of investigative agencies, and in necessary
instances execute search operations and conduct investigative actions of
an urgent character, including inspection, search, seizure, examination,
apprehension and interrogation of border violators and their ac-
complices, and interrogation of witnesses, being governed in such
actions by the laws of criminal prosecution.
Article 33. On the border strip the Border Troops are authorized
to install special barriers, to build roads, bridges, dams, and masonry
and other structures necessary to the functions of the Border Troops, to
cut clearings in timber with the concurrence of agencies of the lumber
industry and to clear brush, canes and grasses.
Article 3lj. On protected seacoasts and shores of border rivers
and lakes, in the interest of protection of the border and with
consideration for the economic needs of kolkhozes, enterprises and the
local population, the Border Troops are authorized to prohibit;
a) departure from the shore by ships and any sailing craft, and
mooring at the shore at other than the established places or without
proper authorization;
b) the operation of lights or kindling of fires on the shore
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which may be interpreted as beacons or signal lights for ships;
c) the transmission of signals to ships without express right or
in violation of established regulations, with the exception of signals
reporting disasters at sea;
d) movement along the shore or on ice when not on roads and-paths
established for this purpose.
Article 35. Ships and other Border Troops craft, within the
limits of the territorial and internal maritime waters of the USSR and.
the Soviet portion of the waters of border rivers and lakes, are
authorized in, cases of necessity to navigate at night without regulation.
lights. In such cases.the commanders of said ships are required to take
necessary measures to prevent collision with other vessels.
Article 36. Within the limits of the territorial and internal
maritime waters of the USSR and the Soviet portion of the waters of
border rivers and lakes, with respect to foreign nonmilitary vessels,
the Border Troops (ships and other craft.) have the right:
a) to request. the vessel to show its national flag, if not
flying, and to conduct interrogation as to the purpose of its entry in
such waters;
b) to request the vessel to change course, if proceeding in an
area permanently or temporarily closed to navigation:
c) to stop the vessel and conduct an inspection of it, if found
in areas permanently or temporarily closed to navigation, proceeding in
the territorial and internal maritime waters of the USSR or in the
Soviet portion of the waters of border rivers and lakes on other than
the established. channel or recommended course, drifting, lying at anchor,
or failing to respond to signals of interrogation or for changing course,
and in all other cases when a ship is found in said waters in violation
of the regulations established by this Statute or, if in such waters
legally, violates the system of procedures for visiting in these waters.
Inspection of a ship includes checking of ship's documents,
navigation documents, documents pertaining to crew, passengers and cargo,
and in necessary cases, of the ship's compartments.
In cases when inspection establishes that the vessel is not liable
for detention, it may be requested to depart the waters of the USSR;
d) to station aboard the vessel, in necessary cases, a border
detail to accompany the vessel into port or from port to the line
marking the outer limit of the territorial waters of the-USSR;
e) to remove from the vessel.and arrest persons committing
criminal offenses and liable for criminal prosecution according to the
laws of the USSR and.the union republics, and to transfer them to the
appropriate agencies. These measures may not be employed with respect
to persons aboard foreign vessels proceeding through the territorial
waters of the USSR for offense committed by them prior to the entry of
the vessel in the territorial waters, and if the vessel, in departing a
foreign port, restricts itself to passage across the territorial waters
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without entering the internal maritime waters;
f) to pursue and detain a vessel which violates the state border
of the USSR. If pursuit is begun within the territorial or internal
maritime waters of the USSR and is maintained uninterruptedly, the
Border Troops have the right to pursue even on the open sea until the
entry of such vessel in its own or in foreign territorial waters.
With respect to foreign military vessels, the provisions of this
article do not apply, special regulations being in force.
Article 37. Any foreign nonmilitary vessel found within the
territorial and internal maritime waters of the USSR and the Soviet
-portion of the waters of border rivers and lakes may be detained by ships
and other craft of the Border Troops and escorted to the nearest port or
dock, in the following circumstances:
a) if the vessel is discovered in areas permanently or tempo-
rarily closed to navigation, as reported in the "Notices to Navigators";
b) when the vessel discharges or takes on persons, or unloads or
takes on cargo, at places other than those established for this purpose,
and if such operations are performed without authorization by the
competent agencies;
c) when the ship is illegally engaged in maritime or river
industry or hydrographic and research activity in the territorial and
internal maritime waters of the USSR and in the Soviet portion of the
waters of border rivers and lakes;
d) premeditated damage by crew members of such vessels to
installations intended as barriers to navigation and to communications
cables and other underwater and surface installations belonging to the
USSR;
e) when the captain of the vessel fails to produce the prescribed
ship's cargo documents;
f) refusal of the vessel to adhere to the instructions of the
proper authorities of the USSR;
g) in all other cases, when a vessel is found in the territorial
and internal maritime waters of the USSR or the Soviet portion of the
waters of border rivers and lakes in violation of the regulations
established by this Statute or, if in such waters legally, violates the
system of procedures for visiting in those waters.
Article 38. A report is prepared concerning the inspection or
detention of a vessel, which is signed by the commander of the ship or
other craft of the Border Troops and by the captain of the searched or
detained vessel. The report is prepared in the Russian language. If
the captain of the searched or detained vessel demands to be given a
copy of the report, such copy must be immediately provided. If the
situation prevents immediate delivery of a copy of the report, it is sent
to the address indicated by the captain of the searched vessel.
In the event of the detention of a vessel, all ship's and cargo
documents are obtained from the captain, and an inventory of them
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compiled. The documents are fastened together, tied, and sealed by the
commander of the ship or other Border Troops craft and by the captain of
the detained vessel, and are attached to the report.
If the captain of the searched or detained vessel considers the
actions of the commander of the ship or other Border Troops craft to be
incorrect, or does not agree to the contents of the report, he may enter
in any language an exception in the report itself or in a separate
document attached to the report. Should the captain refuse to sign the
report, a corresponding note is made in the report.
Article 39. The Border Troops and PVO Troops carrying out the
defense of the state border of the USSR employ weapons for repelling
armed incursions into Soviet territory, and have the right to employ
weapons against violators of the state border of the USSR on land, on
water, and in the air, in cases when halting of the violation or
apprehension of the violators cannot be accomplished. by other means, or
in response to the use of force on the part of the violators.
Article )40. Local organs of authority and leaders of state,
cooperative and other public organizations are required to give every
assistance to the Border Troops in the protection of the state border of
the USSR.
For assistance in protection of the border, the Border Troops, in
cooperation with local Soviet agencies, may recruit on a voluntary basis
Soviet citizens residing in border population centers, primarily
volunteer people's guards, membership in the staffs of which includes
representatives of local organs of the KGB and of the Border Troops.
M. Georgadze, Secretary of the
Presidium of the Supreme Soviet USSR
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