LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 2, 2023 No. 183-VII ZRK

About flora

This Law governs the public relations and establishes the legal basis of state policy in the field of protection, protection, recovery and use of flora.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) botanical collection the - the systematized, documentary meeting of plants and (or) their parts having scientific, educational, cultural and historical, esthetic and other value;

2) genetic erosion - the loss of genetic variety caused by anthropogenous activities including irrational use and inadequate preserving genetic resources of plants;

3) cultural plants - the plants which are specially grown up for food, fodder, technical and other needs;

4) wild relatives of cultural plants - the wild-growing plants genetically close to cultural plants suitable for their introduction in culture or uses in selection;

5) wild-growing plants - the types of plants growing and extending in environment, natural to them;

6) green plantings - the plantings of wood and shrubby and grassy plants which are carrying out protective, sanitary and hygienic, social, esthetic and other functions in the territories of settlements;

7) plants - vascular, Bryophyta of plant, alga, and also lichens and mushrooms;

8) flora - set of types of the plants, their populations and communities growing under natural conditions, and also which are artificially landed in certain territory;

9) protection of flora - set of actions for preserving flora, prevention and fire-fighting, illegal use by flora and other violations of the law of the Republic of Kazakhstan;

10) authorized body in the field of protection, protection, recovery and use of flora (further - authorized body) - the central executive body performing management and cross-industry coordination in the field of protection, protection, recovery and use of flora;

11) recovery of flora - complex of actions for stabilization and (or) reconstruction of quantity and quality characteristics of populations, communities of wild-growing plants;

12) protection of flora - complex of actions for protection of flora against wreckers, diseases and impact of adverse factors of natural and anthropogenous nature;

13) use of flora - legally regulated activities for use of vegetable resources;

14) the user of flora - physical person or legal entity which according to this Law and other laws of the Republic of Kazakhstan is granted right to use by flora;

15) vegetable community - the steady set of plants which is characterized by certain specific structure, structure, bonds of plants with each other and with factors of external environment;

16) the place of growth of plants - the parcel of land or water object with natural conditions for growth and development of type of plants;

17) population of plants - set of individuals of one type of the plants having general gene pool and occupying certain territory;

18) vegetable resources - plants, their parts and derivatives which are used or can be used for different needs;

19) hybridization of plants - the process of education or receipt of hybrids based on combining of genetic material of cages of different types of plants;

20) acclimatization of plants - adaptation of plants to the new or changed growth conditions in which they pass all stages of development and give viable posterity;

21) introduction of plants - deliberate or accidental transfer of types of plants out of limits of places of their natural growth and the habitat;

22) reintroduction of plants - transfer of certain type of plants to former places of their natural growth and the habitat;

23) alien type of plants - the type of plants unusual for this territory which in case of penetration into natural vegetable communities can do harm to flora;

24) genetic bank of plants - specially equipped storage for content of samples of genetic material of plants;

25) genetic material of plants - material of plant origin, including reproductive and vegetativno made multiple copies, containing functional units of heredity;

26) genetic resources of plants - the genetic material of plants which is of the actual or potential value;

27) collection of genetic resources of plants the - the systematized, documentary meeting of samples of genetic material of the plants kept in controlled conditions;

28) relic plants - the types of plants which remained from the disappeared, earlier widespread florae;

29) resource inspection - complex of scientific and prospecting works in certain territory on studying of raw inventories of separate types of plants and their communities and determination of possible amounts of their withdrawal;

30) flora - historically developed set of types of the plants extended in certain territory;

31) endemic plants - the types of plants limited in the distribution and which are not found in other territories.

Article 2. The legislation of the Republic of Kazakhstan in the field of protection, protection, recovery and use of flora

1. The legislation of the Republic of Kazakhstan in the field of protection, protection, recovery and use of flora is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. The property relations in the field of protection, protection, recovery and use of flora are regulated by the civil legislation of the Republic of Kazakhstan if other is not provided by this Law.

3. The public relations in the field of protection, protection, recovery and use of the flora located on lands of forest fund and especially protected natural territories and also in borders of conservation zones of especially protected natural territories, are regulated by the special legislation of the Republic of Kazakhstan.

4. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. The purposes, tasks and the principles of the legislation of the Republic of Kazakhstan in the field of protection, protection, recovery and use of flora

1. The purposes of the legislation of the Republic of Kazakhstan in the field of protection, protection, recoveries and uses of flora are:

1) ensuring regulation of the relations in the field of protection, protection, recoveries and uses of flora in all its variety;

2) creation of the legal basis for preserving natural variety and gene pool of wild-growing plants, their rational use.

2. Tasks of the legislation of the Republic of Kazakhstan in the field of protection, protection, recoveries and uses of flora are:

1) ensuring state regulation;

2) scientific ensuring activities for protection, protection, recovery and use of flora;

3) ensuring public control;

4) development of international cooperation.

3. Protection, protection, recovery and use of flora are based on the following principles:

1) recognitions of the nation-wide importance and priority of preserving flora as factor of ensuring stability of the environment and favorable circle for life;

2) steady preserving it is preferential under natural conditions growths of types of plants, their populations and communities, and also places of their growth;

3) rational use of flora;

4) the paid nature for use of vegetable resources according to the procedure of special use of flora;

5) inevitability of punishment for violation of requirements of the legislation of the Republic of Kazakhstan in the field of protection, protection, recoveries and uses of flora;

6) indemnification and losses of flora;

7) availability of information in the field of protection, protection, recovery and use of flora and participation of the public in decision making in the field of protection, protection, recovery and use of flora.

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