RESOLUTION OF THE STATE COMMITTEE OF THE REPUBLIC OF UZBEKISTAN, MINISTRY OF THE AGRICULTURAL AND WATER ECONOMY OF THE REPUBLIC OF UZBEKISTAN, MINISTRY OF FINANCE OF THE REPUBLIC OF UZBEKISTAN

of November 27, 2006 No. 11-1481, 27 of November, 2006 No. 10/8, 27 of November, 2006 No. 91

About approval of "Provision by determination of damage caused by burning of eddish of grain grains of cultures and to application of penalties against the legal entities and physical persons which made the specified acts"

For the purpose of fulfillment of requirements of the Law of the Republic of Uzbekistan "About conservation" and items 4 of resolutions of the President of the Republic of Uzbekistan "About organizational measures for carrying out cleaning of grain grains of cultures of 2005" and No. PP-351 of May 17, 2006 "About organizational measures for carrying out cleaning of grain grains of cultures of 2006" we decide No. PP-76 of May 16, 2005:

1. Approve "The provision by determination of damage caused by burning of eddish of grain grains of cultures and application of penalties against the legal entities and physical persons which made the specified acts" agrees приложению*.

2. Enact this resolution after ten days from the date of its State registration in the Ministry of Justice of the Republic of Uzbekistan.

Approved by the Resolution of the State committee of the Republic of Uzbekistan, the Ministry of agricultural and water economy of the Republic of Uzbekistan, the Ministry of Finance of the Republic of Uzbekistan of November 27, 2006 No. 11-1481, 27 of November, 2006 No. 10/8, 27 of November, 2006 No. 91

Provision by determination of damage caused by burning of eddish of grain grains of cultures and application of penalties against the legal entities and physical persons which made the specified acts

This Provision establishes procedure for determination of damage caused by burning of eddish of grain grains of cultures and application of penalties against the legal entities and physical persons which made the specified acts.

I. General provisions

1. Based on this provision damage caused to fertility of soils as a result of burning of eddish of grain grains of cultures is determined, the caused damage is levied from legal entities and physical persons by state bodies of ecology and environmental protection according to the legislation.

2. Determination of the amount of the damages recovery put to plants as a result of burning of eddish of grains of cultures is made according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of October 20, 2014 No. 290 "About settlement of use of biological resources and about procedure for passing of allowing procedures in the field of environmental management".

3. For pollution of atmospheric air as a result of burning of eddish of grains of cultures the measure according to article 88 of the Code of the Republic of Uzbekistan about the administrative responsibility is applied.

II. Procedure for calculation of the caused damage

4. Fertile soils in this Provision are considered as means for cultivation of agricultural products, their fertility is determined by point of site class of soils and productivity of grain grains of cultures.

5. In case of damage assessment, put to fertility of soils as a result of burning of eddish, as criterion the level of damage caused to fertility of soils in the biosphere is considered. Damage caused to fertility of the soil owing to burning of eddish is determined proceeding from the lost quantity of humus and nitrogen which are the basic elements determining fertility of soils.

6. Damage caused to fertility of the soil is determined in the following procedure:

For calculation of decrease in fertility of the soil loss of humus in the amount of 12 percent, loss of nitrogen in the amount of percent 7,5 is accepted.

The ball of decrease in fertility of the soil as a result of the loss of humus and nitrogen containing in this soil owing to burning of eddish is determined in the following formula.

Where: Bspp - ball of decrease in fertility of the soil;

Obbp - general point of site class of the soil

12% - loss of humus;

% 7,5 - nitrogen loss.

Yield losses as a result of decrease in fertility of the soil are determined by the following formula:

Where: Pu - yield losses as a result of decrease in fertility of the soil;

Sou - the average productivity received in the current year

Obbp - general point of site class of the soil;

Bspp - ball of decrease in fertility of the soil.

The suffered losses as a result of yield loss on the area of one hectare are determined by multiplication of quantity of the lost harvest in one hectare on the state purchase price established for tough and soft wheat of the 5th class, the received result is multiplied by the total burned area.

Purchase prices for harvest of the current year on grain grains of culture affirm every year in accordance with the established procedure the Ministry of Economics and finance of the Republic of Uzbekistan.

The model of calculation of determination of damage caused to fertility of the soil as a result of burning of eddish of grain grains of cultures in the above-stated procedure is applied

III. Procedure for collection of the caused damage

7. The ministry of ecology, environmental protection and climate change and its territorial administrations (inspections), owners of lands, land users, lessees of the lands and other citizens having the right (can) demand compensation from persons which caused damage to fertility of soils as a result of burning of eddish.

8. In case of identification by persons specified in the Item 7 of this provision, circumstances of burning of eddish of grain grains of cultures on land during season of harvesting or after it, the state inspectors of the Ministry of ecology, environmental protection and climate change according to the procedure established in the Section II of this provision count the amount of damage, put to fertility of soils, take measures to collection of the caused damage from the physical persons and legal entities which made offenses, according to the procedure, established by the legislation.

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