Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

On March 12, 2002 No. 270-IIG

About receipt of information on the environment

(as amended on 03-05-2019)

This Law governs the relations arising in connection with timely obtaining at public authorities and local self-government and also at responsible persons of complete, reliable, timely information about state of environment and use of natural resources.

Article 1. Basic concepts

1.0. The basic concepts used in this Law express the following values:

1.0.1. information on the environment are data on condition of the earth, the water, subsoil, the atmosphere and live organisms, the changes happening and able to result from the activities rendering or able in components of the environment to make impact on the environment, life of people, about assessment of these changes, measures and expenses connected with protection and rational use of the environment;

1.0.2. subjects of information on the environment - the public authorities and local self-government having the powers connected with public health care and the environment, control of them, protection of the earth, water, subsoil, the atmospheres, the woods, green plantings, animal and flora, use of natural resources, and also secondary raw materials, establishment of the rules and standards in this area, and also decision making able to make impact on state of environment, industry structures of data of bodies other types of specialized activities are considered as subjects of information on the environment;

1.0.3. the register of information on the environment is created, stored and the systematized collection of information on state of environment and the factors influencing it which is regularly updated by state bodies and municipalities of domicile.

Article 2. Legislation on receipt of information on the environment

The legislation on receipt of information on the environment consists of the Constitution of the Azerbaijan Republic, this Law, the laws of the Azerbaijan Republic "About environmental protection", "About environmental impact assessment", "About protection of green plantings", "About information, informing and information security", "About freedom of information", "About the address of citizens", "About mass media", "About the state secret", the international treaties supported by the Azerbaijan Republic and other corresponding regulatory legal acts.

Article 3. Types of information about the environment

3.1. Information on the environment is subdivided taking into account procedure for obtaining it - into the received with restriction and open information.

3.2. Classification of type of information on which receipt restriction is introduced is established by relevant organ of the executive authority. Such information shall not be in monopoly of one body.

3.3. All data on which receipt restriction is not introduced belong to open information.

Article 4. Right of receipt of information on the environment

Any person has the right of receipt of information on the environment irrespective of time and without any conditions, except for information on which receipt restriction is introduced.

Article 5. Guarantee of receipt of information on the environment

5.1. The guarantee of receipt of information on the environment is ensuring with state bodies and local government bodies, and also responsible persons of the right to creation of conditions for information search, acquaintance with documents, receipts of their copies, receipts of interview at officials, participations in press conferences and other actions, receipts of official answers to written requests.

5.2. State bodies and local government bodies for providing the right which addressed on receipt of information on the environment shall perform the following:

5.2.1. creation of the necessary systems providing information collection about the predicted impact of the related activity on the environment;

5.2.2. notification on emergency situations;

5.2.3. consideration of the address or request and answer to it according to the procedure and terms, stipulated by the legislation;

5.2.4. regular updating of collected information;

5.2.5. acquaintance addressed based on the request provided to them with the list of subjects of information on the environment, and also the documents connected with information on the environment.

5.3. State bodies and local government bodies shall not refuse provision of information on the environment, except for stipulated by the legislation cases.

5.4. Preparation, collection, use, distribution of information on the environment are established by the law, and its analysis, storage, updating, the list of subjects of this information, their register and rules of its maintaining - relevant organ of the executive authority.

Article 6. Tasks of state bodies on provision of information on the environment

6.0. On provision of information on the environment state bodies:

6.0.1. keep the register of information on the environment, provide openness for the addressed registers and archives which are in their use and issue of the data connected with it;

6.0.2. establish single form and terms of the data on the environment which are periodically published in mass media;

6.0.3. also terms of the open information on the environment which is in electronic databank take measures for increase with the help of general means of communication in established by relevant organ of the executive authority procedure;

6.0.4. at least once in three years publish national reports on state of environment, and also data on condition (quality and pollution) of the environment;

6.0.5. at least once a year constitute status reports of the environment, include them in electronic databank, open for the public, take measures for enhancement of the cadastral and register systems connected with pollution.

Article 7. The bases for refusal in provision of information on the environment

7.1. State bodies and local government bodies can refuse the answer to the address or request, connected with receipt of information on the environment, and also distribution of information in the following cases:

7.1.1. if it is connected with safety issues of the state;

7.1.2. in case of the reference to confidential materials of public authorities on international backgrounds and questions of defense;

7.1.3. in case of otnesennost to the questions considered in judicial authorities or which are at stage of pretrial investigation;

7.1.4. in case of otnesennost to trade secret;

7.1.5. if disclosure of information poses environmental hazard or can cause damage to its components;

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