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Ministry of Justice

Republic of Tajikistan

 On February 4, 2021 No. 9

LAW OF THE REPUBLIC OF TAJIKISTAN

of January 29, 2021 No. 1759

About ensuring biological safety and biological protection

Accepted by the Resolution MH MOPT of November 25, 2020, No. 251

Approved by the Resolution MM MORT of January 25, 2021, No. 119

This Law governs the public relations connected with controlled biological agents and toxins for the purpose of strengthening of system of biological safety and biological protection.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- the biological agent - any microorganisms, viruses or infectious substance capable to cause disease or the death of the person, death of animal, plant and other live organism, quality degradation of food, the equipment, supplies or other materials and adverse change of the environment;

- controlled biological agents and toxins - the causative agents of infectious diseases and their toxins posing serious threat for health and safety of the population, animals, plants, the environment and live stock products or crop production which can be used as biological weapon;

- biological safety - providing security measures in combination with procedures of ensuring bioprotection for reduction of risk of loss, plunder or application of controlled biological agents and toxins as biological weapon, diversion, bioterrorism or technology and practical methods of prevention of their distribution and inadvertent release;

- assessment of biological risk - process of risk assessment, caused by biological danger, considering adequacy of any existing control mechanisms, and also including decision making about whether this biological risk is acceptable or not;

- delivery systems - the strategic weapon and other pilotless systems capable to deliver biological and toksinny weapon which are specially made for such application;

- management of biological risks - ensuring organizational management in potentially dangerous biological objects for the purpose of risk minimization caused by controlled biological agents and toxins;

- product - the result of activities provided in material form and intended for further use in economic and other purposes;

- biological protection - set of the organizational, legal sanitary and individual measures of protection directed to prevention of loss, plunder, leakage, transfer, misuse or deliberate release of controlled biological agents and toxins, and also unauthorized access;

- the indicator of biological safety - the characteristic of factor of the habitat of the person found by modern methods of researches in case of which there is no direct or indirect adverse action on health of the population in these or subsequent generations does not decrease efficiency of the person and life sanitary living conditions do not worsen;

- potentially dangerous biological objects - the organizations and organizations which productive activity is connected with the address and controlled biological agents and toxins;

- accident - the emergency situation on potentially dangerous biological object creating potential hazard of inadvertent release of controlled biological agents and toxins in production zone and the environment which can have the immediate or remote negative consequences on health of the person and the circle of its dwelling;

- biological or toksinny weapon - the controlled biological agents and toxins intended for mass defeat of manpower of the opponent, animals, sowings of agricultural crops, infection of food and sources of water, and also spoil of some types of military equipment and military materials;

- the equipment and dual-use technologies the equipment and technologies which are used in the peace purposes, but can be used during creation of weapons of mass destruction;

- toxin - toxic organic agent which is produced by microorganisms and plants, capable to cause violation of functions of organism;

- biological risk - combination of probability of emergence of harmful effects and its degree when source of such impact are controlled biological agents and toxins;

- biological danger - potential possibility of impact of dangerous biological factors per capita, the habitat, including animals and plants which result can be emergence of dangerous biological situation and its development into emergency situation of biological nature.

Article 2. Legislation of the Republic of Tajikistan on ensuring biological safety and biological protection

The legislation of the Republic of Tajikistan on ensuring biological safety and biological protection is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan and the international legal acts recognized by Tajikistan.

Article 3. Principles of ensuring biological safety and biological protection

Biological safety and biological protection are provided according to the following principles:

- legality;

- regulations;

- optimizations;

- prevention.

Article 4. Ensuring biological safety and biological protection

1. Ensuring biological safety and biological protection includes package of measures and the means (organizational, legal, technical, technological and treatment-and-prophylactic) directed to public health care in case of production, transportation, operation, storage, realization, consumption, utilization of products, performance of works and rendering services.

2. Ensuring biological protection includes the measures of protection, control and the reporting applied to prevention of loss, plunder, misuse, leakage or deliberate release of controlled biological agents and toxins and the related resources, and also unauthorized access, storage or transfer of such material.

3. Biological safety and biological protection are provided with the following measures:

- state regulation in the field of research activities, production, transportation, movement, transfer and other activities connected with controlled biological agents and toxins, and also the equipment and dual-use technologies;

- control of development, production, acquisition, transportation, storage, transfer and use of controlled biological agents and toxins, and also transfer of the biological equipment and dual-use technologies;

- determination of powers and responsibility of state bodies, rights and obligations of physical persons and legal entities;

- coordination of activities of executive bodies of the government;

- ensuring protection of the population and the environment, animals and plants, protection of potentially dangerous biological objects according to normative requirements;

- providing, control and regular review of the national list of controlled biological agents and toxins, and also equipment and dual-use technologies;

- availability of information and increase in level of awareness of the population;

- scientific reasons in case of decision making;

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