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of March 14, 2020 No. 227-VI

About ecological information

(as amended of the Law of Turkmenistan of 25.11.2023 No. 75-VII)

This Law determines legal, organizational, economic and social bases of ensuring access to ecological information and is aimed at providing the rights of legal entities and physical persons to receipt of complete, reliable and timely information about state of environment and natural resources.

Chapter I. General provisions

Article 1. Basic concepts

1. In this Law the following basic concepts are used:

1) ecological information – any information in the field of ecology in written, audiovisual, electronic or other material form provided in this Law;

2) owners of ecological information – state bodies, local government bodies and other legal entities, and also the physical persons performing business activity without formation of legal entity which as a result of the economic and other activity make impact on the environment and create ecological information;

3) users of ecological information – the legal entities and physical persons wishing to receive and use ecological information according to this Law;

4) access to ecological information – transfer of ecological information to its users, and also provision of possibility of search of this information by it by studying of documents and receipt of copies on site or sendings to the published information;

5) ecological information resources – the ecological information intended for entering into system of ecological information or containing in documents, document files, funds of libraries, archives, databases irrespective of method of its provision or stores organization, or containing in it;

6) provision of ecological information – the actions directed to transfer of the relevant information to users of ecological information according to the obligations assigned to owners of ecological information according to this Law and other regulatory legal acts of Turkmenistan;

7) distribution of ecological information – the actions of owners of ecological information directed to bringing the relevant information to data of users of ecological information by its placement in printing editions, other mass media on the official sites on the Internet and through digital network or other public methods according to the legislation of Turkmenistan;

8) authorized body – Ministry of environmental protection of Turkmenistan.

2. Other concepts are determined in individual clauses of this Law.

Article 2. Legislation of Turkmenistan on ecological information

1. The legislation of Turkmenistan on ecological information is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.

2. The relations in the field of the protection of intellectual property, copyright and the related rights, the state secrets and other secrets protected by the law are regulated by the relevant legislation of Turkmenistan.

Article 3. Coverage of this Law

1. This Law governs the relations connected with ensuring right of access to the ecological information which is available for owners of ecological information, its transfer or distribution by owners of ecological information and determines the main conditions and procedure for providing this right.

2. This Law governs the relations arising in case of:

1) collection, storage, transfer, distribution and use of ecological information;

2) to protection of the rights of the legal entities and physical persons having access to ecological information.

Chapter II. Types, contents of ecological information and sources of its forming. State fund of ecological information

Article 4. Types of ecological information

1. Ecological information is subdivided into public ecological information and specialized ecological information.

2. The ecological information which is not relating to specialized ecological information available to all, placed for the purpose of finishing it to data of users of ecological information in printing editions, other mass media on the official sites on the Internet and through digital network or other public methods, permission to provision and to which distribution it is not limited is public ecological information.

3. Ecological information which is provided under the agreement and requires for provision of the extra preparatory work including collection, processing and the analysis is specialized ecological information.

4. Ecological information on the fact of harmful effects on the environment cannot be carried to specialized ecological information.

Article 5. Contents of ecological information

Ecological information includes data:

1) about state of environment, including condition of lands, soils, subsoil, surface and underground water, the woods, plant and animal life and its biological diversity, ecological systems, natural landscapes and especially protected natural territories, atmospheric air, climate and ozone layer of Earth, other natural objects, and also about interaction between these objects, genetically engineered organisms and microorganisms;

2) about pollutants, dangerous chemical and biological substances, radioactive materials, waste which hit to the environment influence or can affect its components, and also about impact on the environment of noise, pushes, magnetic fields, infrared radiation with exceeding of maximum permissible standard rates and other harmful physical impacts;

3) about measures of public authorities, local government bodies, economic and other activity of legal entities or physical persons, about cost-benefit analyses, and also other economic analyses and forecasts used in case of decision making on the questions concerning the environment, rendering or capable to make impact on condition of the components of the environment specified in Item 1 of this Article;

4) about regulatory legal acts, concepts, strategy, programs and plans for rational use of natural resources and environmental protection which realization makes or can make impact on state of environment;

5) about degree in which the environment influences or can influence the state of health of citizens, their vital conditions and safety;

6) other information on state of environment established by the legislation of Turkmenistan.

Article 6. Sources of forming of ecological information

The ecological information provided or distributed by owners of ecological information is created as a result:

1) monitoring of the environment;

2) carrying out measurements in the field of environmental protection;

3) conducting the state accounting in the field of environmental protection;

4) accounting of the used natural resources and impacts on the environment;

5) environmental impact assessments of the planned economic and other activity;

6) conducting environmental assessment;

7) control in the field of environmental protection;

8) carrying out environmental audit;

9) carrying out the ecological inventory on ecological system;

10) implementation of ecological certification;

11) implementation of regulation in the field of environmental protection;


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