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LAW OF THE REPUBLIC OF MOLDOVA

of June 2, 2005 No. 105-XVI

About botanical gardens

(as amended on 27-07-2018)

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject to regulation

This law regulates the legal relationship concerning creation and functioning of botanical gardens, establishes the principles, mechanisms and procedure for their functioning and management of them, protection, preserving and rational use of variety of flora.

Article 2. Basic concepts

For the purpose of this law the following basic concepts are used:

collection - the set of taxons of systematic unit (type, sort, family) which is exposure component;

exposure - the territory representing natural connection of variety of the plants and some objects which are selected for detection of their specifics in teaching and educational, recreational and other purposes;

gene pool - set of taxons of the introduced autochthonic, allochthonous and exotic vegetable types.

Chapter II Legal position of botanical gardens

Article 3. Botanical gardens

(1) Botanical gardens represent the isolated areas with the typical and rare or being under the threat of disappearance types of plants, the countries created as a result of anthropogenous activities for the purpose of preserving variety of flora and other geographical zones.

(2) Botanical gardens can be legal entities of the public law or legal entities of private law.

(3) Botanical gardens, being legal entities of the public law, have the status of public organization of the sphere of science and innovations, ecological, cultural education, education regulated by the Code about science and innovations and are under authority of the Ministry of Education, culture and researches and/or bodies of local public authority.

(4) Botanical gardens, being legal entities of private law, have the status of the private institution created according to provisions of Article 183 of the Civil code in the presence of the positive conclusion of Academy of Sciences of Moldova.

(5) Private botanical gardens perform the activities according to provisions of this law, except for parts (3) Article 4 and Articles 11 and 13. At their request the Academy of Sciences of Moldova performs scientific and practical coordination of their activities.

Article 4. Creation of botanical gardens

(1) Botanical gardens are created by isolation of the territory and/or the water area on which special control mode, for the purpose of preserving, acclimatization and reproduction in optimal artificial conditions of some autochthonic, allochthonous and exotic types of the plants important from the scientific, economic and esthetic points of view, creation of the dendrology and flower collections serving as storage of gene pool and source of reproductive material is set.

(2) the Construction in botanical gardens is performed on the basis of the plan (project) approved by Academy of Sciences of Moldova, both documentation on town planning and arrangement of the territory approved in accordance with the established procedure.

(3) Alienation and lease of lands in the botanical gardens which are public property are prohibited, and their branch is allowed according to the offer of the Ministry of Education, culture and researches with the consent of the central body for natural resources and environmental protection based on the resolution of Parliament precisely in cases when they lost value as a result of natural disasters or catastrophic crashes and cannot be recovered.

Article 5. Purpose of activities of botanical gardens

Botanical gardens are created for the purpose of ensuring protection, preserving, reproduction, rational use of variety of flora, ecological, cultural, esthetic education and rest of the population.

Article 6. Main objectives of scientific activities

Botanical gardens:

a) create collections and exposures of autochthonic and allochthonous plants;

b) keep variety of plants (especially rare or being under the threat of disappearance types) and other botanical objects in the territory of the Republic of Moldova having scientific, didactic, economic and cultural value in artificial conditions;

c) conduct scientific research in the field of fundamental and applied botany, forestry;

d) study variety of types of plants in the territory of the country and develop scientific bases of its rational use;

e) publish the scientific works, monographs, education guidances, periodicals, popular scientific literature, catalogs of seeds and other materials connected with scientific activities of botanical gardens;

f) will organize expeditions (in limits and outside the country) for the purpose of studying of vegetable resources and replenishment of gene pool and participate in them;

g) create seed funds, will organize exchange of seeds and plants with profile organizations from different geographical zones;

h) cultivate, perform selection and master valuable types of plants of wild flora from the economic and scientific points of view;

i) develop scientific fundamentals of landscape gardening;

j) develop scientific bases and methodology of protection of plants against diseases, wreckers and other factors making impact;

k) will organize scientific conferences and symposiums;

l) prepare highly qualified scientific personnel;

m) participate in plan development of ecological, cultural, esthetic education and the organization of rest of the population.

Article 7. Main directions of scientific research

Botanical gardens:

a) develop the principles of preserving variety of gene pool of wild flora;

b) keep and use gene pool of flower, ornamental, efironosny, officinal, fodder, food plants, both traditional, and nonconventional;

c) perform collection and introduction of new types;

d) accumulate, create and keep gene pool of plants;

e) create special collections and exposures, experimental sites, nurseries, subsidiary laboratories, herbariums, the botanical museums, etc.;

f) cooperate with the profile international organizations for the questions which are of mutual interest.

Article 8. Economic activity of botanical gardens

For the purpose of accumulating of the income for content and development of the botanical gardens which are public property in exposition, auxiliary and conservation zones of botanical gardens with the consent of the founder in strict accordance with their security mode implementation of the following types of economic activity is allowed:

a) production and realization of landing, flower material, seeds, saplings;

b) development and implementation of dendrology projects, projects on arrangement and gardening;

c) the organization and servicing of paid excursions in the opened and protected territories;

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