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Ministry of Justice

Republic of Tajikistan

 On March 7, 2019 No. 122

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of March 1, 2019 No. 82

About the Procedure for carrying out the state control in the field of protection, use and reproduction of objects of flora

According to article 7 of the Law of the Republic of Tajikistan "About protection and use of flora" the Government of the Republic of Tajikistan decides:

1. Approve the Procedure for carrying out the state control in the field of protection, use and reproduction of objects of flora it (is applied).

2. To committee on environmental protection under the Government of the Republic of Tajikistan as to authorized state body in the field of protection, use and reproduction of flora together with the relevant ministries and departments, executive bodies of the government of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas of republican subordination and self-government institutions of settlements and dekhot to take necessary measures for accomplishment of this resolution.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of March 1, 2019, No. 82

Procedure for carrying out the state control in the field of protection, use and reproduction of objects of flora

1. General provisions

1. The procedure for carrying out the state control in the field of protection, use and reproduction of objects of flora (further - the Procedure) determines procedure for the state control by observance of regulatory legal acts in the field of protection, use and reproduction of objects of flora, the purpose and task of the state control, and also circle of powers of authorized state body, the right and task of physical persons and legal entities as users of flora.

2. The state control and coordination of activities of the relevant ministries and departments, executive bodies of the government of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas of republican subordination and self-government institutions of settlements and dekhot is performed by authorized state body in the field of protection, use and reproduction of objects of flora and its local structures (further - authorized state body).

3. Requirements of this Procedure extend on all physical persons and legal entity, irrespective of pattern of ownership, being users of flora objects.

2. Purposes and tasks of the state control

4. The purposes and tasks of the state control in the field of protection, use and reproduction of objects of flora consist in the following:

- ensuring compliance with the legislation of the Republic of Tajikistan by users of flora;

- rational and effective use of flora;

- protection of flora from all types of negative impacts for the purpose of possibility and capability of their further recovery;

- protection of flora from the fires, floods and other natural disasters, and also from wreckers and diseases;

- acceptance of practical measures for recovery and protection of rare and ancient species of the plants and plants which are under the threat of disappearance and also the wild-growing plants needing protection and brought in the Red List of the Republic of Tajikistan;

- prevention, identification and elimination of offenses in the field of use of flora;

- identification of unauthorized and illegal collection of rare plants, the plants which are under the threat of disappearance, the wild-growing plants needing protection and brought in the Red List of the Republic of Tajikistan.

5. The authorized state body within the powers takes necessary measures for accomplishment of state programs in the field of protection, use and reproduction of objects of flora.

6. The state control in the field of protection, use and reproduction of objects of flora is performed in the form of check, monitoring and prevention of uses of flora.

3. The state control in the field of protection, use and reproduction of objects of flora

7. The state control in the field of protection, use and reproduction of objects of flora along with other provisions established by the legislation of the Republic of Tajikistan includes the following:

- involvement of the ministries and departments, executive body of the government of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas of republican subordination, self-government institutions of settlements and dekhot, organizations, companies and organizations, irrespective of patterns of ownership and departmental accessory in action in the field of protection, use and reproduction of objects of flora;

- implementation of checks of activities of business entities within the legislation of the Republic of Tajikistan;

- issue of allowing documents and licenses to use of objects of flora according to the procedure, established by the legislation;

- approval of specific mode of protection of types of the plants included in the Red List of the Republic of Tajikistan, and also types of plants and group rare ancient and the plants which are under the threat of disappearance;

- use of separate types of flora according to the quotas established by the Government of the Republic of Tajikistan;

- issue of instructions to users of flora about prevention of offenses.

8. For the purpose of acceptance of special measures of protection of the types of flora included in the Red List of the Republic of Tajikistan in the territory of the Republic of Tajikistan especially protected natural territories (reserves, natural parks, wildlife areas, natural monuments) are created.

9. Creation of especially protected natural territories, rules of entrance, use, maintaining in them research works are performed according to the procedure, established by the legislation of the Republic of Tajikistan.

10. The authorized state body for the purpose of protection of types of the plants included in the Red List of the Republic of Tajikistan, or types of the rare plants entered in the international agreements recognized by the Republic of Tajikistan and also types of plants and group rare ancient and the plants which are under the threat of disappearance sets and performs specific mode of their protection.

11. The specific mode of protection of types of the plants provided in Item 10 of this Procedure irrespective of groups of lands can be established only within that part of the earth where such types of plants grow.

12. The particular treatment, protection of plants is performed, in the form of environment or covering of plants, removal from walls of plants of branches and leaves, softening of roots of plants for the purpose of their further development, collection without harming, sampling for studying and carrying out research works.

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