LAW OF THE REPUBLIC OF UZBEKISTAN

of October 10, 2018 No. ZRU-495

About modification and amendments in some legal acts of the Republic of Uzbekistan in connection with strengthening of responsibility for offenses in the field of environmental protection, rational use of natural resources, including drinking water

Accepted by Legislative house on September 12, 2018

Approved by the Senate on September 27, 2018

Article 1. Bring in the Code of the Republic of Uzbekistan about the administrative responsibility approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2015-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 3, Art. 6; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, No. 9, Art. 193, No. 12, Art. 269; 1996, Art. No. 5-6, 69, No. 9, Art. 144; 1997, No. 2, Art. 56, No. 4-5, Art. 126, No. 9, Art. 241; 1998, No. 3, Art. 38, No. 5-6, Art. 102, No. 9, Art. 181; 1999, No. 1, Art. 20, No. 5, Art. 124, No. 9, Art. 229; 2000, Art. No. 5-6, 153, No. 7-8, Art. 217; 2001, Art. No. 1-2, 23, No. 9-10, Art. of the Art. 165, 182; 2002, No. 1, Art. 20, No. 9, Art. 165; 2003, No. 1, Art. 8, No. 5, Art. 67, No. 9-10, Art. 149; 2004, Art. No. 1-2, 18, No. 5, Art. 90, No. 9, Art. 171; 2005, No. 1, Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 9, Art. 312, No. 12, Art. of the Art. 413, 417, 418; 2006, No. 6, Art. 261, No. 9, Art. 498, No. 10, Art. 536, No. 12, Art. of the Art. 656, 659; 2007, No. 4, Art. of the Art. 158, 159, 164, 165, No. 9, Art. of the Art. 416, 421, No. 12, Art. of the Art. 596, 604, 607; 2008, No. 4, Art. of the Art. 181, 189, 192, No. 9, Art. of the Art. 486, 488, No. 12, Art. of the Art. 640, 641; 2009, No. 1, Art. 1, No. 9, Art. of the Art. 334, 335, 337, No. 10, Art. 380, No. 12, Art. of the Art. 462, 468, 470, 472, 474; 2010, No. 5, Art. of the Art. 175, 179, No. 6, Art. 231, No. 9, Art. of the Art. 335, 339, 341, No. 10, Art. 380, No. 12, Art. of the Art. 468, 473, 474; 2011, No. 1, Art. 1, No. 4, Art. of the Art. 104, 105, No. 9, Art. of the Art. 247, 252, No. 12/2, Art. 365; 2012, No. 4, Art. 108, No. 9/1, Art. 242, No. 12, Art. 336; 2013, No. 4, Art. 98, No. 10, Art. 263; 2014, No. 1, Art. 2, No. 5, Art. 130, No. 9, Art. 244, No. 12, Art. of the Art. 341, 343; 2015, No. 6, Art. 228, No. 8, Art. of the Art. 310, 312, No. 12, Art. 452; 2016, No. 1, Art. 2, No. 4, Art. 125, No. 9, Art. 276, No. 12, Art. of the Art. 383, 385; 2017, No. 4, Art. 137, No. 6, Art. 300, No. 9, Art. 510, No. 10, Art. 605; 2018, No. 1, Art. of the Art. 1, 4, No. 4, Art. 224), following changes and amendments:

1) in Article 72:

to state the sanction of part one in the following edition:

"attracts imposing of penalty on citizens from three to five, and on officials - from five to ten minimum sizes of the salary";

to state the sanction of part two in the following edition:

"attracts imposing of penalty on officials from five to ten minimum sizes of the salary";

to state the sanction of part four in the following edition:

"attracts imposing of penalty on citizens from seven to ten, and on officials - from fifteen to twenty minimum sizes of the salary";

2) in Article 74:

to state the sanction of part one in the following edition:

"attracts imposing of penalty on citizens from three to five, and on officials - from five to ten minimum sizes of the salary";

to state the sanction of part two in the following edition:

"attracts imposing of penalty on citizens from one to three, and on officials - from five to ten minimum sizes of the salary";

to state the sanction of part three in the following edition:

"attracts imposing of penalty on citizens from five to seven, and on officials - from ten to twenty minimum sizes of the salary";

3) in Article 75:

to state the sanction of part one in the following edition:

"attracts imposing of penalty on officials from three to five minimum sizes of the salary";

to state the sanction of part two in the following edition:

"attracts imposing of penalty on officials from five to ten minimum sizes of the salary";

4) in Article 76:

to state the sanction of part one in the following edition:

"attracts imposing of penalty from three to five minimum sizes of the salary";

to state the sanction of part two in the following edition:

"attracts imposing of penalty on officials from seven to ten minimum sizes of the salary";

5) in Article 82:

to state the sanction of part one in the following edition:

"attracts imposing of penalty on citizens from ten to fifteen, and on officials - from fifteen to twenty minimum sizes of the salary";

in part two:

to add disposition after words of "the protected landscapes" with the words "including the water protection zones, coastal strips";

state the sanction in the following edition:

"attracts imposing of penalty on citizens from ten to fifteen, and on officials - from fifteen to twenty minimum sizes of the salary";

to state the sanction of part three in the following edition:

"attracts imposing of penalty on citizens from fifteen to thirty, and on officials - from thirty to forty minimum sizes of the salary";

Article 91 to state 6) in the following edition:

"Article 91. Violation of nature protection requirements in case of collection, transportation, placement, neutralization, storage, utilization, conversion, realization of industrial, household and other wastes

Violation of nature protection requirements in case of collection, transportation, placement, neutralization, storage, utilization, conversion, realization of industrial, household and other wastes -

attracts imposing of penalty on citizens from three to five, and on officials - from five to seven minimum sizes of the salary.

The same offense made repeatedly within year after application of administrative punishment or which did harm to the environment -

attracts imposing of penalty on citizens from five to ten, and on officials - from ten to fifteen minimum sizes of the salary";

To add 7) with Articles 91-1, 91-2 and 91-3 of the following content:

"Article 91-1. Ejection of solid household and building wastes, and also plums of liquid household waste in unspecified places

Ejection of solid household and building wastes, and also plums of liquid household waste in unspecified places -

attracts imposing of penalty on citizens from one second to three, and on officials - from three to five minimum sizes of the salary.

The same offense made repeatedly within year after application of administrative punishment -

attracts imposing of penalty on citizens from three to five, and on officials - from five to ten minimum sizes of the salary.

Article 91-2. Violation of requirements for placement and operation of infrastructure facilities of sanitary cleaning

Violation of requirements for placement and operation of infrastructure facilities of sanitary cleaning -

attracts imposing of penalty on citizens from one second to three, and on officials - from three to seven minimum sizes of the salary.

Article 91-3. Violation of procedure for conducting primary accounting and control in the field of the address with waste, and also provisions of the cadastral information on places of burial and waste recycling

Violation of procedure for conducting primary accounting and control in the field of the address with waste -

attracts imposing of penalty on officials from two to five minimum sizes of the salary.

Abuse of regulations of provision of the cadastral information on places of burial and waste recycling -

attracts imposing of penalty on officials from two to five minimum sizes of the salary";

To state Article 123 in the following edition:

"Article 123. Ejection of garbage or other objects from vehicles

Ejection of garbage or other objects from cars of trains, vehicles and urban passenger transportation -

attracts imposing of penalty from one heel to one minimum size of the salary";

The sanction of Article 161 to state 9) in the following edition:

"attracts imposing of penalty on citizens from one to three, and on officials - from three to five minimum sizes of the salary";

The sanction of Article 163-1 to state 10) in the following edition:

"attracts imposing of penalty on citizens from three to five, and on officials - from five to seven minimum sizes of the salary";

To add 11) with Article 163-2 of the following content:

"Article 163-2. Abuse of regulations of rendering services of water supply and sewerage

Abuse of regulations of rendering services of water supply and the sewerage -

attracts imposing of penalty on officials from seven to ten minimum sizes of the salary.

The same offense made repeatedly within year after application of administrative punishment -

attracts imposing of penalty on officials from ten to fifteen minimum sizes of the salary";

Part one of Article 261 to state 12) in the following edition:

"Cases on administrative offenses, stipulated in Article 63, Article 65 part two (except for spoil of agricultural and other lands), Article 68 (regarding lands of the cities and settlements, lands of nature protection, improving, recreational appointment, lands of water fund), Article 70, Article part one 701, Article 71 (regarding conservation), Article 72 (except for the part concerning thermal and drinking waters), Article 73, parts one and third Article 74, Article 75 (except for accounting of the taken-away waters from irrigational systems, and also for violation of established procedure of maintaining the state water inventory), parts one and the second Article 77, Articles 78, of 79, of 80, of 81, of 82, of 83, of 84, Article 85 are subordinated to bodies of the State committee of the Republic of Uzbekistan for ecology and environmental protection (except for harmful physical impact on atmospheric air, the emission of biological organisms in atmospheric air which is violation of sanitary and hygienic rules), Articles 86, 87, 88, 89 (except for harmful physical impact on atmospheric air), Article 891, Article part one 90, Articles 91, 911, 912, 913, 92, 93, 95, Article 96 (regarding the state environmental assessment), Article 148 (except for for cultivation of fire on strip of branch and 100 meters from wooden bridges, smoking on wooden bridges and bridges are closer than cases on administrative offenses to wooden floorings), Article 162, Article 1631 (except for unauthorized connection to sewer networks of apartment houses, public, production and other facilities), Article 214 (regarding conservation), Article 228 (in case seals (seals) were set for violation of the nature protection legislation) of this Code";

To add 13) with Article 266-4 of the following content:

"Article 266-4. Bodies of the State inspectorate for control of use of drinking water under the Cabinet of Ministers of the Republic of Uzbekistan

Under the Cabinet of Ministers of the Republic of Uzbekistan cases on the administrative offenses provided by parts three and the fourth Article 72 (regarding violation of statutory rules and technology of well-drilling for drinking needs), Article 74 (regarding violation of the set limits of water intake of drinking waters), Article 75 (regarding abuse of regulations of conducting primary accounting of amount of the drinking water which is taken away from water objects), Article 76 (regarding abuse of regulations of operation of objects of system of drinking water supply and the sewerage), Article 163 (regarding unauthorized connection to water supply systems and other abuses of regulations of use of water supply system of drinking water supply), Article 1631 (regarding unauthorized connection to sewer networks of apartment houses, public, production and other facilities), Article 1632 of this Code are subordinated to bodies of the State inspectorate for control of use of drinking water.

Consider cases on administrative offenses and apply administrative punishments in the form of imposing of penalty on behalf of bodies of the State inspectorate for control of use of drinking water under the Cabinet of Ministers of the Republic of Uzbekistan has the right:

the chief of the State inspection and his deputy, chiefs of departments, chief specialists of the State inspectorate for control of use of drinking water under the Cabinet of Ministers of the Republic of Uzbekistan;

the chief state inspectors and the state inspectors of territorial inspections of the State inspectorate for control of use of drinking water under the Cabinet of Ministers of the Republic of Uzbekistan".

Article 2. Bring in the Law of the Republic of Uzbekistan of April 5, 2002 No. 362-II "About waste" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2002, No. 4-5, of Art. 72; 2003, No. 5, Art. 67, No. 9-10, Art. 149; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2007, No. 12, Art. 604; 2011, No. 1, Art. 1, No. 9, Art. 247; 2017, No. 9, Art. 510; 2018, No. 4, Art. 40) following changes and amendments:

1) in Article 2:

state paragraph two in the following edition:

"the address with waste - the activities connected taking into account and control in the field of the address with waste, maintaining the state inventory of places of burial and waste recycling, education, collection, placement, transportation, neutralization, storage, conversion, utilization and realization of waste";

add with the paragraph third the following content:

"neutralization of waste - the activities connected with neutralization, deactivation, disinfection, demercurization, decomposition, burning, heat treatment and waste disposal";

third - the thirteenth to consider paragraphs respectively paragraphs the fourth - the fourteenth;

the fourth to state the paragraph in the following edition:

"subjects of the address with waste - the objects used for collection, placement, transportation, neutralization, storage, conversion, utilization and realization of waste";

in paragraph eight to replace the word "burials" with the word "neutralizations";

the tenth to state the paragraph in the following edition:

"storage of waste - content of waste in specially equipped stores before their extraction for the purpose of neutralization, conversion or utilization";

Part one of Article 15 to state 2) in the following edition:

"Legal entities shall:

respect the established sanitary standards and rules, ecological standard rates in the field of the address with waste;

record waste, represent about them the reporting according to the procedure, established by the legislation;

determine in accordance with the established procedure degree of danger of waste to life and health of citizens, the environment;

develop drafts of standard rates of formation of waste and limits of placement of waste;

prevent ejection and warehousing of building and household wastes on lands public of settlements, on roadside, the carriageway of roads;

provide collection of waste, establish containers (ballot boxes) near or in the adjacent territory of the buildings belonging to them for collection and temporary storage of municipal solid waste;

provide proper storage and non-admission of destruction and spoil of the waste having resource value and which are subject to utilization;

take measures for development and deployment of technologies for waste recycling which owners they are;

not allow mixing of the waste, except as specified, provided by the production technology;

not allow storage, conversion, utilization and neutralization of waste, and also placement and ejection of waste in unspecified places or objects;

not burn waste without use of special technical devices;

not violate the requirement for placement and operation of infrastructure facilities of sanitary cleaning;

exercise control of sanitary and ecological condition of own subjects to placement of waste;

carry out works on recultivation of the broken parcels of land in case of the address with waste;

perform package of measures for the maximum waste recycling, realization or transfer to their other legal entities and physical persons which are engaged in collection, storage and waste recycling and also to provide ecologically safe neutralization of the waste which is not subject to utilization;

represent in accordance with the established procedure to public authorities on places, to specially authorized state bodies in the field of the address with waste information on cases of unauthorized hit of waste to the environment and the taken measures;

bring in accordance with the established procedure compensation payments for placement of waste;

compensate the harm done to life, health and property of citizens, the environment, legal entities as a result of the address with waste";

3) in Article 22:

state the name in the following edition:

"Article 22. Requirements to storage and neutralization of waste";

add with part two of the following content:

"Neutralization of industrial and household wastes without special technical devices is forbidden";

the second - the fifth to consider parts respectively parts three - the sixth;

in part five to replace the word "burial" with the word "neutralization".

Article 3. To the Cabinet of Ministers of the Republic of Uzbekistan:

bring decisions of the government into accord with this Law;

provide review and cancellation by state bodies of their regulatory legal acts contradicting this Law;

provide execution, bringing to contractors and explanation among the population of essence and value of this Law.

Article 4. This Law becomes effective after three months from the date of its official publication.

 

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