LAW OF THE REPUBLIC OF TAJIKISTAN

of January 3, 2024 No. 2026

About protection of glaciers

Accepted by the Resolution MH MOPT of December 6, 2023, No. 1167

Approved by the Resolution MM MORT of December 27, 2023, No. 448

This Law determines legal, economic and organizational basis of protection of glaciers as objects of the environment and strategic sources of water resources.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) glaciology - science about studying of natural ices on the Earth's surface, the atmospheres, hydrospheres, lithospheres, their mode, forming and development;

2) snow and ice resources - source of waters in all types of snow and ice on the Earth's surface, in lithosphere and the hydrosphere;

3) the cryosphere - the site of the Earth's surface where water is in the firm or strongly overcooled form;

4) the glacial lake - the reservoir formed by the thawing glacier and (or) snow thickness on surface or in regional part of glacier;

5) steady cover of snow - snow cover which lies during the whole winter or in the range of at least one month;

6) glacial complex - set of the relief forms including glaciers and glacial deposits;

7) sanitary zone of protection of glaciers - adjacent to glaciers the territory with the particular protected treatment set according to the procedure, stipulated by the legislation the Republic of Tajikistan;

8) glacier - the huge mass of natural ice formed as a result of transformation of firm atmospheric precipitation;

9) the pulsing glacier - glacier to which transition from equilibrium state to disbalance condition as a result of one-time or regular sliding is inherent;

10) lednikovedeniye - the glaciology component studying education, change, structure and physical properties of glaciers;

11) isotope structure of glacier - complex of the similar chemical elements containing in glacier having the different weight and physical properties;

12) the State register of glaciers of the Republic of Tajikistan - the list, the descriptive and estimated data on conditions, the sizes, relief forms, geographical arrangement, structural and regime features of glaciers of the Republic of Tajikistan;

13) the snow line - the line determining level on the land surface above which accumulating of firm atmospheric precipitation prevails over their thawing and evaporation at the end of the ablation period;

14) glacial pools - the pools formed as a result of thawing of glaciers;

15) protection of glaciers - complex of requirements and measures for prevention and liquidation of negative impact of economic activity on glaciers, including studying of patterns of distribution of rainfall, snow layers, forming of avalanches, the meteorological mode of glaciers, sources of forming of catchment basins, indicators of influence of climate changes on glaciers;

16) permafrost - the upper layer of crust which is characterized the negative temperature of rocks, soils and lack of repeated thawing.

Article 2. Legislation of the Republic of Tajikistan on protection of glaciers

The legislation of the Republic of Tajikistan on protection of glaciers 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. State policy on protection of glaciers

1. State policy on protection of glaciers includes complex of legal, organizational, economic, social, scientific and cultural and educational measures.

2. State policy on protection of glaciers is directed to protection and preserving glaciers as strategic sources of water resources for the benefit of the population, economy industries, ensuring steady ecological balance, preserving the habitat of the rare and being under the threat of disappearance types of plant and animal life.

Article 4. Basic principles of protection of glaciers

Protection of glaciers is based on the following basic principles:

1) priority of preserving the ecological systems connected with glaciers and acceptance in attention strategic importance of glaciers;

2) openness and transparency;

3) proportionality of interests of society and measures for prevention of possible risk of reducing glaciers;

4) stimulation of scientific research of lednikovedeniye.

Article 5. Property right to glaciers and Fund of protection of glaciers of the Republic of Tajikistan

1. Glaciers are exclusive property of the state, and the state guarantees their protection.

2. The fund of protection of glaciers of the Republic of Tajikistan is created at the expense of means of the international organizations, grants and other means which are not prohibited by the legislation of the Republic of Tajikistan.

Chapter 2. State regulation of protection of glaciers

Article 6. Functions of state regulation of protection of glaciers

Functions of state regulation of protection of glaciers are:

1) coordination of activities of state bodies, scientific institutions, public associations, subjects of managing and physical persons on studying, monitoring and protection of glaciers;

2) the organization and ensuring activities of information satellite networks and state supervisory networks of glaciers for the purpose of collection of the relevant information, their studying and the analysis, ensuring accuracy and completeness of the forecast and assessment of condition of snow resources, control of process of forming and development of glaciers;

3) studying of the pulsing glaciers and glacial lakes for the purpose of determination of their condition;

4) research of glacial pools, snow layers, including their steady layers, the disappeared sites of glaciers and snow lines;

5) the organization of expeditionary and research works on studying of glaciers and snow resources, avalanche and prevention of floods, and also the hydrological mode of glacial waters in water-collecting sites and glacial lakes;

6) preparation and retraining of specialists in the field of monitoring and protection of glaciers;

7) providing state bodies, self-government institutions of settlements and villages, private sector, and also population with information on the existing and forecast condition of glaciers.

Article 7. Competence of the Government of the Republic of Tajikistan on protection of glaciers

On protection of glaciers are within the competence of the Government of the Republic of Tajikistan:

1) conducting state policy on protection of glaciers;

2) document approval of strategic planning on protection of glaciers and use of water-supplies in glaciers;

3) forming of Fund of protection of glaciers of the Republic of Tajikistan and determination of procedure for its use;

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