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Ministry of Justice

Republic of Tajikistan

On April 1, 2022 No. 21

LAW OF THE REPUBLIC OF TAJIKISTAN

of March 18, 2022 No. 1865

About genetic resources

Accepted by the Resolution MH MOPT of December 8, 2021, No. 585

Approved by the Resolution MM MORT of March 15, 2022, No. 249

This Law determines organizational, legal and economic basis of activities in the field of genetic resources in the Republic of Tajikistan and is directed to access and protection of plants, animals and microorganisms, and also samples of genetic resources.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) complex assessment of samples - the field and laboratory surveys of samples of genetic resources of plants, animals and microorganisms (further - genetic resources) performed for the purpose of receipt of data on genetic structure, the characteristic, development and possibility of their use;

2) bank of genetic resources - accumulating and storage of seeds of valuable types (types) of the rare small, disappearing or being under the threat of disappearance genetic resources;

3) gene pool - complex of the factors of heredity which are in type of genetic resources, groups or their types;

4) traditional knowledge of genetic resources - the knowledge, know-how, ability, innovation or experience passing from generation to generation, and constituting traditional conduct of life of local population or their associations on genetic resources;

5) genetic resources - the organisms or parts of organisms, transformation and other details of biotic ecosystems having the actual and (or) possible values used for conducting scientific research and receipt of benefit for the person;

6) the protected genetic resources (EX-SITU) - preserving components of biological diversity in special objects out of the environment by the organization of collections and banks of genetic resources, cultivation and distribution of plants or cultivation of wild animals;

7) genetically changed organisms - the organisms and genotypes which are artificially changed by methods of genetic engineering;

8) genetic resources to in-sieve (IN-SITU) - existence of genetic resources in ecosystems and (or) their cultural types which are grown up in special environment which acquired the distinctive features;

9) steady use of biological diversity - use of components of biological diversity taking into account interests of society and maintenance of ecological balance;

10) collections of genetic resources - complex of samples of the genetic resources collected on single system, selective way or method of studying of distinctive heritable qualities for the purpose of use in scientific, selection, training materials and accomplishment of other works;

11) genetic materials - any material of plant and animal origin, microorganisms having functional units of heredity;

12) sample of genetic resources - plant, animal and microorganisms, and also their live parts used for the receipt of organism or organisms relating to one type or intraspecific taxon of one rank and which are components of collections of genetic resources of plants, the main storage units, studying and uses in scientific, selection, educational and other purposes;

13) samples of collections of genetic resources - the samples of genetic resources, including national and international genetic resource extended among users of different organizations with research purpose and uses in scientific programs;

14) biological researches - search and collection of genetic resources in places of their natural growth or nurseries for the purpose of replenishment of collections of genetic resources;

15) the genetic passport - the document containing information on distinctive heritable qualities of plants, animals, microorganisms, quantity of samples, biological and scientific names, date of their entering into collection of genetic resources, geographical accessory and their description, issued to physical persons and legal entities by laboratories of genetic diagnostics.

Article 2. The legislation of the Republic of Tajikistan in the area genetic resources of the Republic of Tajikistan

The legislation of the Republic of Tajikistan in the field of genetic resources of the Republic of Tajikistan 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 also the international legal acts recognized by Tajikistan.

Article 3. Coverage of this Law

1. This Law is applied to the protected genetic resources and traditional knowledge of genetic resources of the Republic of Tajikistan.

2. This Law is not applied to genetically changed genetic resources and organisms, and also parts and tissues of human body.

3. This Law is not applied to access to genetic resources and profit distribution from their use which are regulated by the international legal acts recognized by Tajikistan.

Article 4. State policy in the field of genetic resources

State policy in the field of genetic resources as the component of social and economic policy of the state, is directed to protection, collection, preserving, studying and their rational use for the purpose of providing economic, food and ecological safety.

Article 5. Objects of the protected protected genetic resources

1. Treat objects of the protected genetic resources:

1) plant and animal life, including all types of biological diversity of natural ecosystems, and also their genetic fund;

2) types of cultural plants and breed of farm animals.

2. The type of the cultural protected plants can consist of several plants, part or several separate parts on the basis of which new and full-fledged types of plant are in the future created. The types of clones, hereditary, hybrid seeds of the first generation, seeds of forest plants and types of plants which are available in certain territory concern to new groups.

3. The posterity, cross-country, gene pool of rare descendants and intra pedigree pitomnichesky groups belong to the protected breeds of farm animals.

4. Samples of some genetic resources are stored on the basis of the principle of "black box" for ensuring their safety in unexpected or emergency natural situations.

Article 6. Basic principles of protection and use of genetic resources

The basic principles of protection and use of genetic resources are:

1) scientific justification of economic, social and ecological components in the field of forming, protection and use of genetic resources;

2) primacy of protection of especially valuable genetic resources;

3) monitoring of condition of protection and use of genetic resources;

4) accounting of genetic resources for the purpose of ensuring social requirements of the population;

5) stimulation of scientific research in the field of protection, collection and effective use of genetic resources;

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