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LAW OF TURKMENISTAN

of March 2, 2019

About environmental audit

This Law determines legal and organizational bases of carrying out environmental audit and is directed to increase in ecological justification and efficiency of activities of subjects of managing.

Chapter I. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) environmental audit – independent, complex, documentary assessment of observance by the subject of economic and other activity of requirements of the legislation of Turkmenistan, standard rates, regulating documents and standards in the field of environmental protection and providing ecological safety, and also requirements of the international ecological standard rates and standards, preparation of the conclusions about condition of activities and recommendations about its improvement;

2) statutory environmental audit – the environmental audit booked without fail in cases, predusyomotrenny by the legislation of Turkmenistan;

3) voluntary environmental audit – the environmental audit booked on a voluntary basis at the initiative of the customer of environmental audit;

4) the ecological auditor – the physical person having powers and having the corresponding license for carrying out environmental audit according to the legislation of Turkmenistan on environmental audit;

5) environmental auditing organization – the organization which is booking environmental audit and having the corresponding license for carrying out environmental audit according to the legislation of Turkmenistan on environmental audit;

6) the customer of environmental audit – legal entity or physical person, zakazyvayuyoshchy carrying out environmental audit;

7) the technical expert – person, obesyopechivayushchy carrying out environmental audit by the experience or knowledge in the respective area;

8) the plan of environmental audit – the description of the actions and terms necessary for carrying out environmental audit;

9) criteria of environmental audit – methods, procedures or requirements according to which the ecological auditor or environmental auditing organization estimates collected data on object of environmental audit;

10) data of environmental audit – the checked information, records or statements for impact on the environment of object of environmental audit, including the data received by sampling and carrying out analyses and (or) testing;

11) conclusions of environmental audit – reasonable opinion of the ecological auditor or environmental auditing organization on results of the carried-out assessment on compliance to criteria of environmental audit;

12) the conclusion of environmental audit – the document processed by the ecological auditor or environmental auditing organization by results of the booked environmental audit;

13) conflict of interest – situation in case of which interest of the ecological auditor or environmental auditing organization can affect their opinion on carrying out environmental audit of the customer of environmental audit;

14) impact on the environment – any high-quality change in the environment which fully or partially is result of activities of the customer of environmental audit and its products or services.

Article 2. Legislation of Turkmenistan on environmental audit

The legislation of Turkmenistan on environmental audit is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan governing the relations in the field of protection of the okruzhayuyoshchy circle and providing ecological safety.

Article 3. Purpose and tasks of environmental audit

1. The purpose of environmental audit is enhancement of activities in the field of environmental protection and providing ecological safety, and also predupyorezhdeniye and decrease in impact on the environment of economic and other activity.

2. Tasks of environmental audit are:

1) the analysis and assessment of observance of requirements of environmental protection and providing ecological safety when implementing economic and other activity;

2) efficiency evaluation, completeness and justification of the actions for protection of the okruzhayuyoshchy circle and to providing ecological safety held by the customer of environmental audit;

3) identification and determination of environmental problems on objects of environmental audit.

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