of December 27, 1993 No. 905
About conservation
In the Republic of Tajikistan охран the nature, rational use and reproduction of its resources, improvement of the surrounding environment are nation-wide task, case of all people, moral duty of each citizen.
The policy of the Republic of Tajikistan in the field of protection of the surrounding environment is aimed at providing priority of ecological interests of the republic taking into account evidence-based combination of development of economic and other activity to careful attitude to the nature, to its riches, by rational use of natural resources and the guaranteed protection of human right on the environment, healthy and favorable for life. The Republic of Tajikistan proceeds from need of broad and effective international cooperation for the purpose of preserving the nature of Earth and establishment of general and complete ecological safety of the world community.
This the Law in complex with organized, legal, economic and educational measures is designed to promote forming and strengthening of ecological law and order, protection of the surrounding environment for the benefit of these and future generations and to providing ecological safety in the territory of the Republic of Tajikistan.
Tasks of the nonconsumptive legislation are regulation of the relations in the field of interaction of society and the nature for the purpose of preserving natural wealth and the native habitat of people, rational use and reproduction of natural resources, prevention of ecologically harmful impact of economic and other activity, improvement and improvement of quality of the surrounding environment, strengthening of legality and law and order in the specified sphere of the relations for the benefit of the present and future generations of people.
In this Law the following concepts are used:
The environment - the habitat of the person, the biosphere (the habitat of live organism) serving as condition, means and the place of human life and other live organisms: includes the nature as system of natural environment which is transformed as a result of activities of the person;
Environmental protection - system of the state and public measures aimed at providing harmonious interaction of society and the nature on the basis of preserving and reproduction of natural wealth, rational use of natural resources, improvement of quality of the vital circle surrounding the person;
Natural resources - the natural sources of the nature consumed by the person (land, water, forest resources, minerals, inventories of mineral raw materials, radioactive materials, animal and flora, their components and other natural benefits);
Harm to the environment - the negative changes in state of environment caused by activities of the person as a result of pollution of the circle, depletion of natural resources, damages, destructions of ecological systems of the nature creating real health hazard and human lives, to plant and animal life, material values;
Zones protective (in the field of the environment) - variety of the protected zones, the part of space protected according to the rules established by the law for protection of reserved zones, national natural parks, the state zoological parks, the state dendrology parks by restriction of use of the nature for the purpose of protection of reserved objects;
Sanitary protection zones - the territories intended for providing required hygiene standards of content in ground layer of the atmosphere of pollutants, reduction of negative influence of power lines by the surrounding population;
The Red List - set of data on the rare, disappearing or being under the threat of disappearance types of the plants and animals approved in the procedure established by the law for the purpose of introduction of the mode of their special protection and the subsequent reproduction (The international Red List, the Red List of the Republic of Tajikistan);
Limit of use of natural resources (in the field of environmental protection) - the extreme number of withdrawal, consumption of natural resources, emissions of hazardous substances in the environment. It is established for the purpose of conservation, rational use of its resources, the prevention of harmful effects on it;
Regulation of quality of the environment - establishment of system of indicators of quality of the environment;
Maximum permissible regulations of harmful effects on the environment - the indicators of maximum permissible regulations of impact of economic and other activity on state of environment providing environmental protection, rational use of natural resources, ecological safety of society and health of the person;
Standard rates of quality of the environment - the indicators characterizing criterion of high-quality state of environment: standard rates of the threshold limit value (TLV) of hazardous substances, the maximum permissible levels (MPL) of radiative effects, noise levels, vibrations of magnetic fields, maximum permissible regulations of the chemicals (PDHV) applied in rural, forestry, maximum permissible regulations of load of anthropogenous activities of the environment;
Pollution of the surrounding circle - receipt to the environment of potentially dangerous chemical and biological substances, radioactive materials, production wastes, and also environmental impact of noise, vibrations of magnetic fields and other harmful physical impacts;
Ozone layer - the atmospheric layer at the height of 7-8 km on poles, 17-18 km on the equator over the surface of the planet with the increased concentration of molecules of ozone absorbing the ultra-violet radiation, pernicious for live organisms, from space;
Waste - any substances, materials and objects which are formed in the course of human activities and is not suitable for further use in places of their education or detection and of which their owner intends to get rid by use or utilization;
Emission, dumping of hazardous substances - exit to the external environment (in atmospheric air, in water objects, the earth) pollutants from any source of pollution;
The state dendrology park - the group of plantings which is scientific, cultural and historical value, natural types of landscape gardening flora;
Environmental assessment - official determination of compliance to the planned and performed economic and other activity to ecological requirements and determination of admissibility of realization of object of environmental assessment for the purpose of the prevention of possible adverse effects of these activities on the surrounding environment and the related social, economic and other effects of realization of object of environmental assessment.
The legislation of the Republic of Tajikistan on conservation is based on the Constitution of the Republic of Tajikistan and consists of this Law, other laws of the Republic of Tajikistan, regulatory legal acts of the Republic of Tajikistan and the international legal acts recognized by the Republic of Tajikistan.
When implementing the economic, management and other activities making negative impact on state of environment, Majlises of People's Deputies, other state bodies, the companies, organizations, the organizations, and also citizens of the Republic of Tajikistan foreign legal entities and citizens, stateless persons shall be guided by the following basic principles;
- priority of protection of life and health of the person, providing favorable ecological conditions for life, work and rest of the population;
- evidence-based combination of ecological and economic interests of the society providing real guarantees of human rights for the surrounding environment and the most complete satisfaction of material and cultural needs of citizens, healthy and favorable for life;
- complex, rational use of natural resources, need of their reproduction and non-admission of other harmful effects for the surrounding environment and health of the person;
- observance of requirements of the nonconsumptive legislation, inevitability of approach of the responsibility for their violations established by the law;
- publicity in work and close connection with public organizations and the population in the solution of nonconsumptive tasks;
- international cooperation in the field of environmental protection.
Are subject to protection from pollution, spoil, damage, depletion, destruction and other irrational use:
- especially protected natural territories and objects;
- earth, its subsoil, surface and underground water, atmospheric air, fauna;
- the woods, pasturable grounds and other vegetation in all their specific variety, typical and rare landscapes.
The national natural parks, the state natural parks, the state zoological parks the state dendrology and botanical gardens, the state wildlife areas, ecological and ethnographic zones, natural rest areas, resort and medical and improving areas, and also the animals and plants included in the International Red List, the Red List of the Republic of Tajikistan, and the place of their dwelling belong to especially protected natural territories and objects.
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The document ceased to be valid in compliance with the Law of the Republic of Tajikistan of August 2, 2011 No. 760