RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of December 20, 1996 No. 36

About court practice on cases on crimes and other offenses in the field of environmental protection and environmental management

Preserving the environment, use of natural resources is national task which aims to provide protection of ecological systems, natural complexes and separate objects, to guarantee the rights of citizens to the favorable environment.

In this regard the great value acquires the correct and effective administration of law on cases on pollution of reservoirs and air, ownerless use of the earth, illegal felling of the wood, abuse of regulations of hunting and fishery and other crimes and offenses in the field of ecology.

Separate courts have the facts of the wrong qualification of actions of guilty persons, the issue of deprivation of their right to hold certain positions or to be engaged in certain activities is not always resolved. For permission of the questions requiring special knowledge in some cases specialists were not attracted, the facts of unjustified eases or not accountability of all perpetrators and, in particular, heads of the companies and the organizations causing damage to ecology are noted. Due significance is not attached to identification and elimination of the reasons and conditions promoting violations of the law about environmental protection and environmental management.

For the purpose of the correct and uniform application of the nature protection legislation the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Draw the attention of courts that strict observance of the legislation on conservation, careful and rational use of natural resources is one of the major national objectives on which solution health and welfare of citizens, economic and social development of the republic depends.

2. The relations in the field of conservation and rational use of natural resources are regulated by the laws of the Republic of Uzbekistan "About conservation", "About protection of atmospheric air", "About protection and use of flora", "About protection and use of fauna", "About the protected natural territories", the land, water legislation, the legislation on subsoil, and also other legal acts.

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