of October 21, 2026 No. 2299
Accepted by the Resolution MH MOPT of June 21, 2026, No. 540
Approved by the Resolution MM MORT of October 17, 2026, No. 238
This Code determines legal, economic, social and organizational basis in the field of regulation of the ecological relations and is directed to protection, effective, purposeful and rational use of ecological objects and natural resources, and provides sustainable ecological development, environmental protection, ecological safety and guarantee of protection of the rights of subjects of the ecological relations.
General part
In this Code the following basic concepts are used:
1) ecological safety – condition of protection of the vital interests of the person and society from possible harmful effects on the environment, natural and technogenic emergency situations;
2) ecological assessment – determination, studying, the description and assessment of potential straight lines and indirect impacts on the environment when implementing of the planned activities or the developed document;
3) environmental impact assessment – determination of possible impact of the economic and other planned activity on the environment, and also forecasting of potential changes of its future state for the purpose of decision making about opportunity or impossibility of implementation of these activities;
4) environmental audit – independent assessment and the analysis of economic activity regarding observance of requirements of normative legal and normative technical acts and in the field of environmental protection and use of natural resources for the purpose of preparation of recommendations about elimination of the revealed shortcomings;
5) emergency ecological situation – the dangerous ecological provision requiring acceptance of immediate emergency measures for protection of life, health of the person and the environment;
6) the dangerous ecological situation – provision in case of which the environment is destroyed or changed and came to adverse condition as a result of impact of anthropogenous and natural factors, including impact of natural disasters, and the risk of emergence of such situation can threaten the vital interests of the person and society and to cause emergency situations;
7) greenhouse gases – the gaseous component of the atmosphere of Earth (carbon dioxide, methane, nitrogen oxides and other gases) of natural or anthropogenous origin which absorbs and reflects infrared electromagnetic radiation;
8) the biodiversity – variability of live organisms from all sources, including, land and water ecosystems, ecological complexes which part are live organisms and includes variety within type, between types and ecosystems;
9) degradation of lands – set of the processes leading to reduction of fertile layer of the earth, deterioration in its ecological and meliorative condition, and also, as a result, impacts of the natural or anthropogenous factors causing negative changes of quantitative and high-quality structure of the soil;
10) the earth – the land surface (territory), including layer of earth which is used or can be used during the activities directed to satisfaction of material, spiritual and other needs of society;
11) harm to the environment – negative changes of state of environment as a result of pollution and (or) misuse which becomes the reason of degradation of ecosystems and depletions of natural resources, including biodiversity;
12) natural resources – the natural components of the environment, natural and natural and anthropogenous objects used by the person including solar energy, intra terrestrial heat, atmospheric air, glaciers, water objects, land and forest resources, subsoil, radioactive materials, animal and flora, their derivatives;
13) climate – set of the long-term weather conditions characteristic of certain region;
14) users of nature – the physical persons and legal entities using ecosystem and natural resources in the economic and other activity and (or) making impact on the environment in the course of the activities;
15) use of natural resources – the economic and other activity performed with use of natural resources and also impact of these activities on the environment;
16) subsurface use – the activities connected with geological studying, production, conversion and use of subsoil;
17) rational use of subsoil – complex of the legal, organizational, technical, ecological measures and other actions providing effective use of subsoil, and also protection of other components of the environment and natural objects when using subsoil;
18) ecological information – any information in written, visual, acoustic, electronic or other material form on state of environment, its components, interrelations between these components and factors, including substances, energy, noise, radiation, administrative measures, ecological agreements, the legislation, the documents of strategic planning connected with the environment and costs for their realization, economic researches and forecasts and decisions on environmental protection and uses of natural resources, ecological safety, climate change, measures for adaptation to it, ecosystem services, biodiversity, genetic resources of live organisms;
19) environmental pollution – revenues to the environment of dangerous chemical and biological, toxicological, radioactive materials, waste and their components to the environment, and also influence of noise, vibration, electromagnetic fields and other negative physical impacts;
20) preservation of the earth – temporary ban on use of the degraded and unproductive parcels of land for the purpose of increase in level of their fertility and ecological properties;
21) ozone layer – the atmosphere layer which is characterized by high concentration of molecules of ozone and capable to reflect the ultra-violet radiation of the sun dangerous to live organisms;
22) natural landscape – the natural territory which was not exposed to changes in result of anthropogenous impact and is characterized by combination of certain types of land relief, the soils, flora created in uniform climatic conditions;
23) limit of use of natural resources – the extreme number of withdrawal and use of natural resources and emissions of pollutants in the environment and atmospheric air established for the purpose of regulation of rational use of natural resources, the prevention and prevention of negative impacts on them;
24) ecological education – the organized and purposeful training process and education oriented to forming of spirit of respect, protection and the rational relation to the environment and natural resources;
25) natural complex – set of natural objects, functionally and naturally connected and combined by geographical and other corresponding signs;
26) the technological standard rate – the standard rate of admissible emissions, dumpings of substances and microorganisms established for permanent (stationary), portable and other sources, engineering procedures, the equipment and reflecting admissible lot of emissions and dumpings of substances and microorganisms to the environment concerning products unit;
27) standard rates of permissible load of anthropogenous impact on the environment – the standard rates established according to the size of admissible cumulative impact of all sources on the environment and (or) separate components of the environment in the specific territories in case of which observance steady functioning of natural ecosystems is provided and the biodiversity remains;
28) limits on emissions of pollutants and microorganisms (further – limits on emissions) – restrictions for the emissions of pollutants and microorganisms for the environment established for holding actions for environmental protection, including implementation of the best existing technologies, for the purpose of achievement of standard rates in the field of environmental protection;
29) standard rates of environmental protection – the established standard rates of quality of the environment and standard rates of admissible impact on it in case of which observance the environment, favorable for human life, is provided steady functioning of natural ecosystems also remains biodiversity;
30) sanitary protection zones – the natural zones intended for providing required hygiene standards of content on elevated layer of atmospheric air of concentration of pollutants, protection of water resources, lands, plant and animal life, and also reduction of negative impact of electromagnetic fields and other chemical physical impacts on local population;
31) pollutants – substance or mix of substances, quantity and (or) concentration of which exceed the standard rates of threshold limit values and maximum permissible levels established for chemicals, including radioactive, other materials and microorganisms and make negative impact on the environment;
32) monitoring of state of environment – watch system behind condition and pollution of atmospheric air, water resources, soils, and also ensuring receipt of data on condition of the environment and forecasting of its possible changes;
33) environmental monitoring – package of measures for observation, assessment and the forecast of state of environment and its separate components, factors of natural and anthropogenous impact on them, and also sources of their forming on measurement base of changes of quantitative and qualitative indexes of the environment;
34) the environment – the habitat of the person, set of components of the environment, natural, anthropogenous, natural and anthropogenous objects, other material objects and (or) interactions of these components making impact on quality of life, condition of activities and the state of health of the person;
35) the favorable environment – the environment which quality provides healthy life activity of the person, steady functioning of natural ecosystems, natural and natural and anthropogenous objects;
36) environmental control – package of measures, directed to prevention, identification and elimination of cases of non-compliance with requirements of regulatory legal acts of the Republic of Tajikistan in the field of environmental protection, ensuring compliance, including ecological regulations and standards, physical persons and legal entities;
37) system of environmental protection – set of the state measures, normative legal and normative technical acts, activities of authorized state body, its infrastructure divisions and other elements of network operating in the field of the environment, organizations and the organizations, irrespective of the forms of business directed to realization of state policy in the field of regulation of the ecological relations and providing ecological safety and the favorable environment for the person;
38) anthropogenous object – the object created by the person for ensuring his social requirements, which does not have properties of natural objects;
39) object of ecological assessment – the economic and other planned activity to which the procedure of ecological assessment is applied;
40) natural and anthropogenous object – the natural object changed as a result of economic and other activity and (or) the object created by the person, having properties of natural object, having recreational and nature protection value;
41) natural object – natural ecosystem, natural landscapes and elements constituting them which kept the natural properties;
42) fauna – complex of live organisms of all types of the wild invertebrates and vertebrate animals living in conditions of natural freedom;
43) waste – the substances or materials arising in the course of economic activity and (or) life activity of the person and fully or partially the lost consumer properties;
44) glacier – the huge mass of natural ice formed as a result of transformation of firm atmospheric precipitation;
45) recultivation of lands – package of measures, directed to recovery of fertile layer of earth and its natural state;
46) ecologically sustainable development – the development of society providing the balanced solution of social and economic tasks in case of simultaneous preserving the favorable environment and potential of natural resources for the purpose of requirements satisfaction present and future generations;
47) ecological tourism – the tourism type performed in the environment which aim observation of natural landscape, maintenance of environmental protection and respect for integrity of ecosystems;
48) the sphere of regulation of the ecological relations - certain sphere of the relations which regulates relations of live organisms with the circle of their dwelling and covers the directions of state policy, management, environmental protection, information, monitoring, examination, audit, assessment, control, education, ecological requirements for protection and use of ecological objects and natural resources, as well as other related directions;
49) quality of the environment – the state of environment characterized by physical, chemical, biological and other indicators and (or) their set;
50) environmental standard – the approved maximum permissible regulations of impact on the environment providing process of use of the equipment and technology in case of production, storage, transportation and operation of products;
51) standards and rules of use and protection of subsoil – the technical regulations establishing mandatory requirements of ecological safety during the using and protection of subsoil;
52) ecological requirements to protection and use of ecological objects – the compulsory provisions, restrictions or their set applied to economic and other activity, for the purpose of protection and use of ecological objects, established according to the ecological legislation of the Republic of Tajikistan;
53) ecological education – the systematic, organized and purposeful process oriented to forming at the identity of careful attitude to the nature and moral and cultural standards of behavior concerning the environment, management and ecological safety, spiritual, moral, creative, physical and professional development of the personality, and also satisfaction of her educational requirements and interests;
54) ecological training – the training process and education directed to forming of ecological culture, systems of valuable orientations, moral ethical standards of behavior, receipt of special knowledge and acquisition of experience in the field of regulation of the ecological relations, protection and rational use of natural resources and also distribution of ecological knowledge, including through mass media, information and communication networks, educational institutions of different steps, the museums, libraries, cultural and ecological organizations, the sports organizations;
55) providing ecological safety – package of measures, directed to prevention of origin and distribution of dangerous ecological situations and elimination of their effects;
56) anthropogenous impact – set of direct and indirect impact of activities of the person on the environment;
57) negative impact on the environment – the change of state of environment which fully or partially is result of impact of object of economic activity on it;
58) cross-border impact – impact on the environment adjacent the state which can result from the economic and other planned activity;
59) impact on the environment – the effects of the economic and other planned activity for the environment which are negatively influencing health and safety of the population, objects of plant and animal life, the soil, atmospheric air, water and land resources, climate, landscape, objects of historical and cultural heritage, other material objects or their interrelation, and also social and economic conditions;
60) the customer of the economic and other planned activity – the physical person and legal entity responsible for preparation of documentation on the economic and other planned activity, including on materials of environmental impact assessment;
61) ecological culture – complex of the social relations, moral values, regulations and methods of interaction of society and the environment directed to forming of ecological education and education in consciousness and behavior of the people promoting healthy life, spiritual growth of society, sustainable social and economic development, providing ecological safety of the state and society;
62) the economic and other planned activity – the activities reflected in the project documentation, concerning construction, reconstruction, expansion technical updating, reshaping of production, the operation of objects and other activities connected with use of natural resources and (or) capable to make impact on the environment;
63) environmental risk – probability of emergence of the event having adverse effect for the environment and health of the person resulting from negative impact of economic and other negative activity, and also emergency situations of natural and technogenic nature;
64) the soil – the natural or changed as a result of economic and other activity earth blanket which is consisting of mineral and organic substances, water, air, soil organisms and products of their life activity having the fertility, structure and other properties necessary for existence of plants and animals, life support and activities of the person;
65) atmospheric air – the gas cover surrounding the globe and consisting of nitrogen, oxygen, mixes of inert gases, carbon dioxide, ozone and other gases;
66) protection of lands – complex of the legal, organizational, economic, technological and other measures aimed at providing target, rational, complete and effective use of lands, their recovery and increase in fertility, prevention of degradation and protection against negative anthropogenous impact;
67) environmental protection – complex of the legal, economic, social, scientific, technological, educational and international measures aimed at providing coordinating of interrelation of society and the nature on the basis of protection and recovery of the environment, rational use of natural resources, improvement of quality of the habitat of the person, prevention and elimination of negative impact of economic and other activity on the environment, and also elimination of its effects;
68) protection of atmospheric air – the activities of state bodies, public associations, citizens and business entities directed to preserving and recovery of quality of atmospheric air by means of reduction and (or) prevention of its pollution;
69) protection of subsoil – complex of the conditions and actions directed to prevention of irrational use and depletion of subsoil, ensuring compliance with the established requirements to their studying, development and use, and also creating favorable conditions for minimization of losses of minerals;
70) protection of soils – complex of legal, organizational, economic and other measures on rational use of soils, their protection and prevention it from degradation, negative natural and technogenic impacts, and also pollution by biological, chemical, radiological and toxicological substances;
71) especially protected natural territories – land areas, waters and space over them where the natural complexes and objects having special nature protection, scientific, cultural, esthetic, recreational and improving value, fully or partially withdrawn from economic use for which the mode of special protection is set are located;
72) environment components – the earth, subsoil, the soil, water resources, atmospheric air, plant and animal life, other organisms, and also ozone layer of the atmosphere and near-earth space;
73) hunting – type of activity on use of objects of fauna by search, tracing and prosecution for the purpose of production (by catching or shooting) the wild animals and birds who are in the nature in condition of natural freedom or in semi-free conditions;
74) ecosystem – the single, steady, spontaneous, self-regulating within certain site of the biosphere set of the live and lifeless components of the environment connected among themselves by metabolism, energies and information;
75) environmental assessment – establishment of compliance or discrepancy of project, or other documentation to requirements of standard rates of quality of the environment, the ecological legislation, technical regulations, ecological safety, rational use of natural resources and ensuring ecologically sustainable development.
The ecological legislation of the Republic of Tajikistan is based on the Constitution of the Republic of Tajikistan and consists of of this Code, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.
1. The ecological legislation governs the relations connected with interaction of society and the environment in the course of implementation of the economic and other activity making impact on the environment.
2. The relations connected with protection and use of natural resources, lands, subsoil, waters, the woods, biodiversity, objects of historical and cultural heritage and other natural resources are regulated by the industry legislation if this Code does not provide other.
3. The regulation of the ecological relations, the populations connected with ensuring sanitary and epidemiologic wellbeing, establishment and implementation of mandatory and voluntary requirements to goods, work and services, assessment and confirmation of conformity, accreditation in the field of technical regulation and standardization, use of atomic energy and ensuring radiation safety of the population, the address with waste and providing ecological safety arising in case of prevention and suppression of emergency situations of natural and technogenic nature and also the relations concerning fish resources, pastures, beekeeping, poultry farming and genetic resources are performed by the industry legislation if this Code does not provide other.
4. The relations connected with the property right, concession and other corporeal rights to natural resources are regulated according to regulations of this Code, and also according to the procedure, established by the civil and industry legislation.
Tasks of the ecological legislation consist from:
1) ensuring environmental protection by means of implementation of the state regulation directed to prevention of environmental pollution, ecological damage in any forms and liquidation of adverse ecological effects and also on gradual reducing negative anthropogenous impact on the environment;
2) providing the favorable circle for life and health of the person;
3) providing bases of ecological sustainable development;
4) providing contribution of the state to strengthening of global response to threat of climate change in the context of sustainable ecological development, and also in implementation of the international, regional and cross-border programs for environmental protection and use of natural resources, adaptations to climate change and transition to "green" economy;
5) protection, preserving and recovery of the environment, including the territory and objects representing special ecological, scientific, historical and cultural and recreational value;
6) forming of the effective system of public administration in the field of regulation of the ecological relations providing interaction and coordination of activities of state bodies;
7) stimulations of attraction of "green" investment and broad application of the best available technician, technologies and advanced practice, reducing amounts and decrease in danger of waste and effective management of them, uses of renewable energy resources, water conservation, and also implementation of measures for increase in energy efficiency, to steady use, recovery and reproduction of natural resources;
8) ensuring permanent and systematic collection, storage, the analysis and distribution of ecological information, including with use of modern digital technologies, and also providing the right of each person to access to ecological information, determination of the main conditions, procedure and features of realization of this right;
9) ensuring transparency and participation of the public in the solution of questions on environmental protection and sustainable ecological development;
10) ensuring effective monitoring of the environment and environmental control;
11) creations of conditions for attraction of financing in actions for environmental protection, upgrade of the existing objects and construction of the new infrastructure providing the high level of environmental protection;
12) ensuring accomplishment of the international obligations of the Republic of Tajikistan and development of international cooperation in the field of regulation of the ecological relations;
13) forming of ecological culture, increase in ecological knowledge at all education levels, development of ecological education and literacy for the purpose of ensuring sustainable ecological development;
14) strengthenings of legality and law and order in the field of regulation of the ecological relations and providing ecological safety.
1. Treat subjects to regulation of the ecological relations:
1) right of citizens to providing the favorable environment;
2) providing ecological safety when planning economic and other activity, and also in case of production of goods, products and rendering services;
3) measures for rational use of natural resources, protection of biodiversity, protection of the rare and being under the threat of disappearance types brought in the Red List of the Republic of Tajikistan, to support and development of network of especially protected natural territories and objects of natural and cultural heritage of national and international value;
4) activities for studying of processes of impact of natural, anthropogenous and natural and anthropogenous factors on the environment and health of the person.
2. The objects of other relations connected with rational use of natural resources, environmental protection and guarantee of providing ecological safety, determined by the industry legislation shall meet standards of the ecological legislation.
3. Physical persons and legal entities, state bodies, local authorities of the government, self-government institutions of settlements and villages are subjects of the ecological relations.
1. Environment components, including land and water resources, the woods, subsoil, atmospheric air, ozone layer, plant and animal life, biodiversity, ecosystems and natural complexes, landscapes, especially protected natural territories, gene pool and genetic resources of live organisms, natural, anthropogenous and natural and anthropogenous objects are ecological objects.
2. Ecological objects are protected and used according to the procedure, established by this Code and the legislation of the Republic of Tajikistan, from pollution, destruction, damage, depletion, damnification, destruction and other adverse effect of economic and other activity of physical persons and legal entities.
Indicators of bases of ecological sustainable development include:
1) achievement by the state of providing the favorable environment for life and health of the person;
2) environmental protection and preserving biodiversity;
3) forming and maintenance of steady models of production and consumption, including minimization of anthropogenous impact on the environment, rational use of non-renewable natural resources, development of system of the address with waste for the purpose of increase in welfare and quality of life of the population;
4) preserving national interests on use of natural resources and impact on the environment;
5) ensuring protection, preserving and steady functioning of natural ecosystems, biodiversity, taking measures to their improvement, prevention of environmental damage, fight against desertification;
6) providing right of physical persons and legal entities to access to ecological information and participation of society in the solution of environmental issues and sustainable development;
7) participation of the state in the solution of global environmental issues, including climate change threat, by means of implementation of actions on mitigation of climate change and adaptation to it, and also implementation of measures for protection of ozone layer;
8) international cooperation of the Republic of Tajikistan for the purpose of preserving, protection and recovery of healthy condition of ecosystem of Earth;
9) reduction of the ecological legislation of the Republic of Tajikistan in compliance with the international legal acts recognized by Tajikistan;
10) regulation of import and export of any materials and substances doing harm to the environment or health of the person through frontier, including acceptance of preventive measures according to the principle of "expected environmental risk".
1. State policy in the field of regulation of the ecological relations represents complex of the legal, economic, organizational, scientific, educational, cultural, information, social, infrastructure and other measures aimed at providing protection, rational and effective use of land and water resources, subsoil, atmospheric air, glaciers, plant and animal life and other natural resources for the benefit of the people.
2. For realization of state policy in the field of regulation of the ecological relations the system of environmental protection aimed at providing human rights on the favorable environment, protection and use of ecological objects and natural resources is created.
3. The realization of documents of strategic planning in the field of regulation of the ecological relations is enabled at the expense of the government budget and other sources which are not prohibited by the legislation of the Republic of Tajikistan.
1. Citizens have the right to accommodation in the environment, favorable for health and life, to environmental protection from negative impact of economic activity, emergency natural and technogenic situations.
2. Citizens in the field of regulation of the ecological relations have the right:
1) to create public associations which activities are directed to environmental protection;
2) to address to the central and local authorities of the government, self-government institutions of settlements and villages, other organizations and to officials for receipt of timely, complete and reliable information about state of environment in the place of the accommodation and about the measures taken for its protection and also to obtain such information;
3) to participate in mass actions for questions of environmental protection according to requirements of the legislation of the Republic of Tajikistan;
4) to participate in process of consideration of drafts of plans, programs and regulatory legal acts in the field of regulation of the ecological relations and other important environmental issues, to represent results of researches, offers and opinions on enhancement of the specified projects as recommendations;
5) to address to state bodies on the questions connected with environmental protection and its negative impact and to receive reasonable answers;
6) to file a lawsuit compensatory actions, caused to the environment, their private property and health;
7) to insure the life, health and property against the adverse effects of the environment resulting from economic or other activity;
8) to perform other rights, stipulated by the legislation the Republic of Tajikistan.
3. Citizens in the field of regulation of the ecological relations shall:
1) to protect the nature, the environment, natural resources and to use them effectively, purposefully and rationally;
2) to render assistance to authorized state body, local authorities of the government and self-government institutions of settlements and villages in the solution of questions on environmental protection;
3) in case of detection of the accidents, catastrophic crashes and other ecological threats rendering or capable to make impact on the environment, timely to notify authorized state body and local authorities of the government or self-government institutions of settlements and villages;
4) to carry out other obligations, stipulated by the legislation the Republic of Tajikistan.
4. Public associations in the field of regulation of the ecological relations have the right:
1) to participate in accordance with the established procedure in development, promotion and program implementation on environmental protection, to involve citizens on voluntary basis in activities in the field of environmental protection;
2) at the expense of own and raised funds to perform the activities connected with environmental protection, to propagandize recovery of natural resources and ecological safety;
3) to address to the central and local authorities of the government, self-government institutions of settlements and villages, the companies, organizations, the organizations and to their officials for receipt of complete and reliable information about the state of environment, measures of its protection, circumstances and the facts of economic and other activity creating threat to the environment, life, health and property of citizens;
4) to participate established according to the procedure in discussion and decision making which realization can make negative impact on the environment, life, health and property of citizens;
5) to address to the central and local authorities of the government, self-government institutions of settlements and villages, other organizations and departments with claims, statements and offers on improvement of environmental protection, elimination of negative impact on the environment and to receive reasonable answers;
6) to address to authorized state body and other relevant organs concerning cancellation of decisions on designing, placement, construction, reconstruction, commissioning of objects, and also concerning restriction, suspension and prohibition of the economic and other activity making negative impact on the environment of their territorial field of activity;
7) to file a lawsuit claims in protection of the rights and interests of citizens for indemnification, put to the environment;
8) to perform other rights, stipulated by the legislation the Republic of Tajikistan.
5. Public associations in the field of regulation of the ecological relations shall:
1) to observe requirements of the legislation of the Republic of Tajikistan in the field of regulation of the ecological relations;
2) to render assistance of the government to the central and local authorities, self-government institutions of settlements and villages in the solution of questions of environmental protection;
3) to carry out other obligations, stipulated by the legislation the Republic of Tajikistan.
6. Use of natural resources by citizens and public associations to the detriment of the environment, the rights and legitimate interests of other physical persons and legal entities is forbidden.
1. The system of the state measures for providing the rights to the favorable environment includes complex of legal, organizational, social, economic, technical and educational and cultural measures.
2. For the purpose of providing the rights to the favorable environment with the state the following measures are performed:
1) providing ecological safety and improvement of quality of the environment;
2) harmonization of state of environment, protection and preserving biodiversity, rational use and recovery of natural resources;
3) prevention and elimination of harm to the environment and human life;
4) ensuring management of safe activities for collection, use, neutralization, transportation and placement of dangerous substances;
5) enhancement of methods and technologies for environmental protection and use of natural resources;
6) development of information system and methods of environmental control;
7) increase in level of ecological education and culture.
3. The central and local authorities of the government, self-government institutions of settlements and villages, the organizations and organizations, irrespective of form of business, and also their officials, are responsible for providing the rights of citizens to the favorable environment.
4. Placement of objects which activities do harm to the environment is performed taking into account opinions of the population of the respective region.
5. The legislation of the Republic of Tajikistan guarantees to citizens and public associations realization of their rights in the field of regulation of the ecological relations.
6. Preventing of realization of the rights and obligations of citizens and public associations in the field of regulation of the ecological relations established by this Code is forbidden.
1. Digitalization in the field of regulation of the ecological relations is performed by means of creation of "Single state monitoring system of the environment and information resources" which promotes realization of Sustainable development goals in the field of regulation of the ecological relations, prevention of emergency ecological situations, implementation of processes of transparency and democratization of society, creation of conditions for broad access of the population to ecological information resources, carrying out monitoring of public opinion on environmental problems, effective use of natural resources, to increase in level of social production and improvement of social and economic living conditions of the population.
2. Digitalization in the field of regulation of the ecological relations is performed within provisions of this Code, regulatory legal acts of the Republic of Tajikistan and documents of strategic planning.
Implementation of any activities causing environmental pollution, degradation of the environment or can result in ecological damage and damnification of life and health of the person, it is allowed within, established by this Code, only on condition of providing in impact source on the environment of all necessary measures for prevention of such effects.
If as a result of any activities which can have considerable and irreversible effects for the environment and (or) its separate components, or can do harm to life and health of the person and there is risk of ecological damage, irrespective of absence for this time of scientific and technical knowledge of opportunity to authentically estimate probability of approach of the specified negative effects, proportional precautionary measures with economically allowable costs for prevention of these effects shall be taken.
Effects of ecological damage shall be completely eliminated. In case of impossibility of complete elimination of effects of the harm done to the environment they shall be minimized in the maximum degree, proceeding from the current level of scientific and technical progress. In that measure in what effects of ecological damage are not eliminated or are not minimized, their compensation is provided by holding alternative recovery actions according to this Code.
Environmental measures are provided in that degree which is sufficient for goal achievement and tasks of the ecological legislation.
The physical person or legal entity which activities cause or can cause pollution or degradation of the environment, to do harm to life and health of the person, taking into account the principle of "correction", shall incur all expenses on prevention, control and elimination of negative effects of the activities, including ecological damage, according to the legislation of the Republic of Tajikistan.
Use of the nature and natural resources shall be steady. The state provides the balanced and rational management of natural resources for the benefit of these and future generations. In case of decision making concerning environmental protection the priority is given to preserving natural ecosystems and ensuring their steady functioning, water conservation and energy saving, increase in energy efficiency and use of renewable energy resources, and also reduction of formation of waste and their use as secondary raw materials.
State policy in all spheres of economic and social activity is created and performed taking into account balance between tasks of social and economic development and need of providing bases of sustainable ecological development, including high level of environmental protection and increase in its quality.
The state provides access to ecological information on basis and according to the procedure, established by the legislation of the Republic of Tajikistan.
Society has the right to participate in decision making, raising the questions of environmental protection and ecologically sustainable development, according to the procedure, established by this Code. State bodies and officials shall provide transparency of decision making which can affect state of environment, for expression of public opinion and their accounting in case of adoption of these decisions.
During the planning and decision making by state bodies and officials whose realization brings or can lead to negative effects for state of environment, shall be considered protection of natural ecosystems of preserving natural balance of the environment. At the same time integrity shall be provided, coherence of ecosystems, live organisms and landscapes and other natural, anthropogenous, natural anthropogenous objects and priority is given to protection of landscapes and natural complexes, biodiversity, preserving and steady functioning of ecosystems, and also prevention of negative impact on the environment and ecosystem services.
"The green economy" in the field of regulation of the ecological relations is aimed at providing development of economic system by means of effective, purposeful and rational use of natural resources and minimization of harm to the environment and is based on concepts of justice (equal access to the nature), the valid and economical relation (calculation of territorial loads of the planet), participation (involvement of society in case of decision making), managements (activities streamlining), stability (achievement of economic, social and ecological stability), efficiency (steady production and consumption) and connections between generations (investment into the future).
During the work with dangerous substances, waste or the related equipment, or management of them any person bears ethical responsibility for the maximum care. In this case, all parties performing activities in production, storage, transportation, processing and neutralization of dangerous wastes shall be in accordance with the established procedure registered and have license for activities in the field of the address with such waste.
Purchase of goods, works and services which cause the smallest damage from the point of view of impact on the environment is considered the principle of "green purchases". All materials planned to purchase shall correspond to the criteria providing the choice of the least toxic and dangerous products without prejudice to overall performance.
In the field of regulation of the ecological relations is within the competence of the Government of the Republic of Tajikistan:
1) conducting state policy in the field of regulation of the ecological relations;
2) approval of regulatory legal acts and documents of strategic planning in the field of regulation of the ecological relations;
3) stimulation of scientific and scientific and technical research in the field of regulation of the ecological relations, providing ecological safety and steady management of use of natural resources;
4) financing and material logistics of actions for environmental protection in the limits and amounts established by the government budget;
5) the organization, reorganization, suspension of operations and liquidation of especially protected natural territories of republican and international value;
6) approval of procedure for determination of regulations of payment for use of objects of plant and animal life, compensation of the caused damage;
7) establishment of share (quota) of use of the rare species of plant and animal life included in the Red List of the Republic of Tajikistan;
8) approval of the Regulations on the Red List of the Republic of Tajikistan;
9) decision making on designing, placement, construction, reconstruction, commissioning and conclusion from operation of the objects intended for the treatment of radioactive waste and also to covering of storages of radioactive waste;
10) determination and realization of international cooperation in the field of regulation of the ecological relations;
11) implementation of powers, stipulated by the legislation the Republic of Tajikistan in the field of use and protection of land, water and forest resources, subsoil and other ecological objects;
12) implementation of other powers, stipulated by the legislation Republic of Tajikistan.
1. The authorized state body in the field of regulation of the ecological relations is the central executive body of the government providing realization of state policy in the field of regulation of the ecological relations and environmental protection.
2. In the field of regulation of the ecological relations (further – authorized state body) enters powers of authorized state body:
1) implementation of state policy in the field of regulation of the ecological relations, protection and rational use of natural resources, including environmental protection, natural monuments, biodiversity, plant and animal life, water, land and forest resources, atmospheric air, steady organic pollutants, especially protected natural territories, hydrometeorology, climate change, desertification, the address with waste, ozone layer and chemical safety;
2) coordination of activities of the central and local executive bodies of the government, self-government institutions of settlements and villages, physical persons and legal entities in the field of regulation of the ecological relations, protection and rational use of natural resources;
3) implementation of the state control in the field of regulation of the ecological relations, protection and rational use of natural resources in activities of business entities and subjects of other activities, irrespective of their form of business;
4) development and approval of methodical documents, managements, environmental standards, standards, technical regulations and other regulating documents in the field of regulation of the ecological relations, protection and rational use of natural resources;
5) approval of maximum permissible regulations of emissions and dumpings of pollutants into atmospheric air, water, soil, and also extents of harmful physical impact (noise, vibration, radiation, electromagnetic field);
6) application of measures according to the legislation of the Republic of Tajikistan, about restriction, suspension and the termination of activities of business entities, irrespective of their form of business, in case of non-compliance with requirements of this Code;
7) conducting the state environmental assessment of projects of regulatory legal acts which can make potential impact on the environment, protection and rational use of natural resources;
8) development of regulatory legal acts and documents of strategic planning in the field of regulation of the ecological relations and environmental protection, national reports and reports on state of environment, and also comprehensive plans on use, recovery and protection of natural resources and participation in their realization;
9) participation in development and implementation of the international, regional and national ecological programs, implementation of actions for environmental protection and other measures taken for the purpose of environmental improvement including in zones of ecological catastrophe;
10) giving in court of recovery suits of penalties, indemnification, the legislation of the Republic of Tajikistan caused as a result of non-compliance with requirements in the field of regulation of the ecological relations, and also about obligatory payment of payments for environmental pollution and other types of harmful effects on it;
11) assistance to carrying out scientific research and to studying of questions of environmental protection, preserving and rational use of natural resources, including biodiversity, water resources, plant and animal life, fish resources, waste, hydrometeorology, especially protected natural territories and climate change;
12) creation and maintaining the Red List of the Republic of Tajikistan, statement of structure of the permanent commission and regulations on it;
13) issue of documents of allowing nature in the field of regulation of the ecological relations according to the legislation of the Republic of Tajikistan;
14) establishment and approval of procedure for compensation of damage for damage suffered and the amount of payment for environmental pollution by waste, for exceeding of maximum permissible regulations of emission of pollutants in atmospheric air, water objects, for cutting down of trees and bushes in settlements, on lands of agricultural purpose and forest appointment, environmental protection and the state resources (except for economic gardens and personal plots);
15) coordination of maintaining the state inventories of ecological objects, their accounting and assessment;
16) implementation of international cooperation in the field of regulation of the ecological relations;
17) coordination of activities of state bodies, physical persons and legal entities for collection, analysis, processing, forming, storage, provision, distribution and use of ecological information, and also ensuring information exchange with other state bodies;
18) creation of commission of experts from number of persons employed of authorized state body, scientists and specialists of the corresponding industries and the organization and conducting the state environmental assessment;
19) creation of scientific and methodical base and information support of the state environmental assessment, including forming and maintaining the database about the objects which passed the state environmental assessment;
20) cooperation with ekologo-expert bodies of foreign states for the purpose of carrying out consultations, the international and joint environmental assessments, exchange of achievements and the best practices in this sphere;
21) coordination of expert activities and implementation of methodical management concerning conducting environmental assessment of objects, irrespective of their form of business;
22) participation in the organization and conducting the international environmental assessment, and also involvement of foreign scientists and specialists for conducting environmental assessment, except as specified, prohibited by the legislation of the Republic of Tajikistan;
23) access to sources of information on state of environment and to databank according to impact of the economic and other planned activity per capita and the environment;
24) check of reliability of the data and actual data specified in the project documentation by means of the analytical and experimental conclusions;
25) maintaining the republican register of individual ecological auditors and environmental auditing organizations, cooperation with the state ecological and auditor bodies of foreign states for the purpose of carrying out consultations, the international and joint environmental audit, exchange of achievements and experience in this sphere;
26) establishment of procedure for submission of reports on carrying out statutory environmental audit and determination of rules of submission of the conclusion by results of environmental audit;
27) decision making about carrying out environmental audit of activities of business entity by foreign environmental auditing organization;
28) development and acceptance in accordance with the established procedure rules, recommendations, methodical instructions and other normative and technical documents in the field of regulation of the ecological relations;
29) the organization and conducting the state environmental assessment of materials of ecological assessment, including the report on results of ecological assessment, and also ensuring access of concerned parties to information on materials of ecological assessment and results of their consideration;
30) consideration of offers and notes of concerned parties, including public associations and citizens, by preparation of the conclusion of the state environmental assessment on materials of ecological assessment;
31) the organization of professional development course of specialists in carrying out evidence-based ecological assessment, environmental assessment and environmental monitoring for the purpose of increase in level of their knowledge;
32) creation of single state system of environmental monitoring, organization and ensuring maintaining databank of environmental monitoring;
33) determination of subjects to the state environmental monitoring in coordination with state bodies and ensuring maintaining their state register;
34) implementation of researches in the field of environmental monitoring on the basis of regulating documents according to which collection and data analysis about condition of subjects to environmental monitoring is performed;
35) check of reliability of results of environmental monitoring and decision making by their results, and also the organization of assessment of the data of environmental monitoring belonging according to the legislation of the Republic of Tajikistan to the category of limited distribution;
36) organization and carrying out environmental monitoring, creation of necessary material and technical resources, coordination and control of activities of subsystems (administrative and functional) environmental monitoring;
37) informing the central and local authorities of the government, self-government institutions of settlements and villages, and also other interested persons on state of environment on the basis of reliable ecological information and ensuring access to results of environmental monitoring;
38) consideration in accordance with the established procedure appeals of physical persons and legal entities about state of environment and provision of information on their results;
39) implementation of mutually beneficial cooperation with state bodies, public associations, the population, the international organizations and other interested structures for the purpose of development of environmental monitoring;
40) participation in the organization, realization and development of ecological education, and also in forming of ecological culture, implementation of documents of strategic planning on development of ecological education and summing up their execution;
41) coordination of activities of relevant organs for forming of ecological education, and also regulation of activities of interdepartmental state commission for ecological education;
42) introduction of offers on the organization, reorganization, suspension of operations and liquidation of especially protected natural territories, management of such territories, and also control of their protection and use;
43) the organization and carrying out research works together with scientific institutions in especially protected natural territories and entering of offers on inclusion of objects of plant and animal life into the Red List of the Republic of Tajikistan;
44) state accounting of objects of flora and implementation of the state control of their protection, use and recovery;
45) regulation of distribution and performance of works on recovery of wild-growing plants taking into account economic interests;
46) approval of regulations (limits) of use of objects of flora and procedure for their payment;
47) suspension or prohibition of actions in the course of which accomplishment rules, the rules, terms and other requirements for protection and use of fauna, the environment, condition of reproduction of animals, ways of migration, and also illegal hunting and submission of the claim to court for prohibition of these actions are not respected;
48) the publication in periodicals of information on protection, use and condition of fauna, providing state bodies, public associations and the population information on resources of hunting animals and places of their dwelling;
49) application of biotechnical measures for protection and rational use of fauna, and also control of their accomplishment in hunting farms;
50) implementation of cooperation with the purpose of prevention of diseases of animals and their rehabilitation after natural disasters or other reasons;
51) creation of the list of animals, hunting for whom is prohibited, and also determination of rules and methods of hunting, terms and seasons of use of fauna, the list of types of wild animals, their number and habitats;
52) development and program implementation of scientific research on protection, reproduction and steady use of hunting resources, and also maintaining the register of hunting resources, monitoring of condition of number of hunting animals and places of their dwelling;
53) acceptance and implementation together with authorized state body in the field of food security of veterinary and sanitary measures, preventive actions for identification, the prevention of emergence and spread of infectious diseases among animals, including diseases, general for the person and animals, application of measures for their elimination;
54) participation in research and development works according to the treatment of radioactive waste, designing, placement and construction of storages of radioactive waste in coordination with local authorities of the government;
55) accounting of the objects performing emissions in atmospheric air, conducting monitoring of atmospheric air, inventory count of emissions of pollutants in atmospheric air;
56) approval of industry technological standard rates of emissions of pollutants, establishment of maximum permissible standard rates, including temporary standard rates of emissions of pollutants in atmospheric air;
57) distribution of individual quotas for the substances destroying ozone layer;
58) issue of certificates of compliance of indicators of toxicity of emissions of vehicles to the established ecological standard rates;
59) assistance to development of the international supervisory networks of glaciers, to the international exchange of information on studying, monitoring and protection of glaciers;
60) forecasting of probability of avalanche and floods, preparation of offers on holding actions for prevention of the elements and ensuring protection of glaciers;
61) organization and ensuring activities of information satellite networks and state supervisory networks of glaciers;
62) maintaining the State register of glaciers of the Republic of Tajikistan, development of the system of accounting of glaciers and their water resources;
63) development of the card of glaciers of Tajikistan and card of their water resources;
64) implementation of the state control of protection of soils from pollution as a result of transportation, storage and application of remedies of plants, the substances stimulating their growth, mineral fertilizers and other chemicals;
65) taking measures to prevention of degradation, destruction and pollution of soils, desertification, creation and recovery of protective forest plantings, implementation of modern technologies and methods for increase in fertility of soils and prevention of erosion;
66) implementation of other powers, stipulated by the legislation Republic of Tajikistan.
1. The authorized body of the state sanitary and epidemiological surveillance, authorized state body in the field of geology treat industry authorized state bodies in the field of regulation of the ecological relations authorized state body in the field of science, authorized state body in the field of agricultural industry, authorized state body in the field of power and water resources, authorized state body in the field of education, authorized state body in the field of housing and communal services, authorized state body in the field of forestry, authorized state body in the field of melioration and irrigation, authorized state body in the field of hydrometeorology, authorized state body in the field of ensuring chemical, biological, radiation and nuclear safety, authorized state body on the state supervision of safety of works in the industry and mining industry, and other industry bodies participating in protection and use of natural resources.
2. Industry authorized state bodies in the field of regulation of the ecological relations perform the powers within provisions of regulatory legal acts of the Republic of Tajikistan.
In the field of regulation of the ecological relations is included into power of local executive bodies of the government:
1) development and program implementation and action plans in the field of regulation of the ecological relations at the local level;
2) entering of offers into authorized state body on protection of the objects of the environment having special ecological, scientific, historical and cultural value;
3) promotion of knowledge of environmental protection, the organization and providing system of ecological education at the local level, implementation of educational work and forming of ecological culture;
4) consideration of offers of self-government institutions of settlements and villages on improvement of environmental protection and use of natural resources;
5) the organization of public discussions of the economic and other planned activity which is subject to environmental assessment;
6) acceptance and implementation of decisions concerning environmental assessment based on results of public discussions, polls and appeals of the organizations;
7) informing the relevant authorized state body in case of identification of the performed economic and other planned activity without the positive conclusion of the state environmental assessment or in case of non-compliance with requirements of the conclusion of environmental assessment;
8) creation of the local interdepartmental commission on ecological education;
9) the organization of system of preparation and advanced training of pedagogical and managerial personnel for system of ecological education, environmental professionals, media men, culture, heads and officials of local executive bodies of the government, the organizations, specialists and citizens whose activities make harmful effects on the surrounding environment and health of the person;
10) coordination and control of activities for protection of especially protected natural territories, assistance to voluntary attraction of financial resources for implementation of measures for protection and recovery of especially protected natural territories at the local level;
11) holding the main actions for protection and use of especially protected natural territories, including, in coordination with authorized state body creation, expansion and management of especially protected natural territories which are under their authority;
12) introduction of offers on creation of especially protected natural territories and to expansion of their conservation (buffer) zones, and also adoption of relevant decisions on creation and the termination of activities of especially protected natural territories having local value;
13) assistance in development and implementation of measures for protection, rational use and increase in number of objects of fauna, and to their rescuing in emergency natural and technogenic situations;
14) informing local population on measures for protection of hunting animals and their habitats, cooperation with other authorized state bodies on preserving and rational use of resources of hunting animals, coordination of activities of business entities in the field of hunting and hunting farms;
15) assistance to creation of the companies for collection and waste recycling, the conclusion of contracts for export of waste for the purpose of ensuring their subsequent transfer for conversion or destruction, and also economic and social stimulation of complete use of waste by physical persons and legal entities;
16) implementation of measures for mitigation of consequences of the emergency situations and accidents connected with the address with waste;
17) providing physical persons and legal entities with information on the address with waste and state of pollution of atmospheric air;
18) establishment in coordination with the relevant interested organs of procedure for the address with waste in the territory of settlements and other places, identification and liquidation of unauthorized dumps;
19) taking measures to identification and accounting of ownerless waste, establishment of the owner of the revealed ownerless waste, determination of degree of their danger and their elimination;
20) creation of necessary conditions for collection and placement of waste, stimulation of physical persons and legal entities to collection of waste as secondary raw materials;
21) the organization of Items and containers of temporary collection of waste in the territories of settlements, creation of polygons for placement and neutralization of waste, and also taking measures to separate collection (sorting) of waste;
22) the organization and content of places (platforms) for collection of municipal solid waste, except as specified, stipulated by the legislation the Republic of Tajikistan if such obligation is assigned to other persons;
23) the organization and ensuring collection and separate accumulating of waste for types, except as specified, when according to this article and regulatory legal acts mixing of different types of waste is allowed;
24) approval according to the procedure, established by the legislation of the Republic of Tajikistan, questions of placement in the territory of the objects intended for the treatment of radioactive waste proceeding from interests of the population and social and economic development of the corresponding territory;
25) participation in conducting environmental assessment of projects on placement, construction and conclusion from operation of the objects intended for the treatment of radioactive waste, according to the procedure, established by the legislation of the Republic of Tajikistan, and introduction of offers and notes;
26) assistance of the organization and to carrying out the public discussions on questions of projects implementation connected with placement, construction and conclusion from operation of subjects of the treatment of radioactive waste;
27) reclamation, if necessary, from owners of subjects to carrying out radiological inspection of the surrounding territory in zone of placement of subjects of the treatment of radioactive waste;
28) control of safety of the population and environmental protection at the local level, and also readiness of legal entities and individual entrepreneurs for actions in case of radiation accidents;
29) participation in mitigation of consequences of radiation accident, taking measures to preparation for evacuation of the population in necessary cases;
30) assistance to implementation of the actions directed to the prevention, reducing and elimination of pollution of atmospheric air in the subordinated territories;
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