LAW OF THE AZERBAIJAN REPUBLIC

On June 8, 1999 No. 677-IQ

About ecological safety

Article 1. Basic concepts

The ecological safety is ensuring the vital interests of the person and society, environment protection against the danger resulting from anthropogenous and natural impact on it.

Ecological danger - the situation creating threat to the vital interests of the person and society, the environment as a result of anthropogenous and natural impact.

Dangerous ecological situation - the situation characterized by danger of destruction of the environment or negative changes of its condition as a result of anthropogenous and natural impact, including disasters and catastrophic crashes, and creating owing to this fact threat to the vital interests of the person and society.

Extraordinary ecological situation - the dangerous ecological situation requiring implementation of necessary urgent measures for the purpose of protection of life and human health, and also the environment.

Ecological disaster - the extraordinary ecological situation characterized by irreversible changes in living conditions and activities of people and the environment.

Providing ecological safety - system of measures for prevention of origin and development of dangerous ecological situations, and also to elimination of their effects, including the effects able to affect in the future.

The subject of ecological danger - any company, organization, the organization which activities can create dangerous ecological situation, and also physical person.

Article 2. Sphere of influence and purpose of the Law

This Law governs the relations in the field of ecological safety when implementing activities by legal entities and physical persons, state bodies and local government bodies, their officials.

The purpose of this Law consists in establishment of the legal basis for protection of life and health of the person, society, its material and moral values, the environment, including atmospheric air, space, water objects, subsoil of the earth, the earth, natural landscape, plant and animal life against the danger resulting from impact of natural and anthropogenous factors.

Article 3. The legislation in the field of ecological safety

3.1. The legislation in the field of ecological safety consists of the Constitution of the Azerbaijan Republic, this Law, other regulatory legal acts of the Azerbaijan Republic and international treaties supported by it.

3.2. The relations in the field of ecological safety in the Alyatsky free economic zone are governed according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 4. State policy in the field of ecological safety

1. The main directions of state policy in the field of ecological safety which are component of safety of the person, society and state, the following:

1.1. Providing in priority procedure for ecological safety in forming and implementation of the strategy of development for the country;

1.2. Development of international cooperation for the purpose of providing ecological safety at the world, regional and local levels;

1.3. Creation of system of providing ecologically safe for life and activities of the person of conditions of preserving the biosphere and all its components;

1.4. Ensuring the coordinated activities of state bodies and local government bodies in the territory of the country, including in the sector of the Caspian Sea (lake) belonging to the Azerbaijan Republic;

1.5. Preparation and consecutive implementation of measures for prevention of dangerous and extraordinary ecological situation, to its elimination, including the results able to influence future generations;

1.6. Regulation of the economic and other activity influencing the environment from line item of providing ecological safety;

1.7. Streamlining of level of vibration and the noise pollution which are negatively influencing the environment and human health.

2. Damnification or creation of danger of life and to human health as a result of violation of precepts of law in the field of ecological safety is considered human rights violation.

3. Observance of requirements of ecological safety is the compulsory provision of implementation of the rights to property, ownership and use of natural resources.

Article 5. The rights and obligations of the state in the field of ecological safety

1. In the field of ecological safety the state has the right:

1.1. Determine single state policy;

1.2. Coordinate activities of relevant organs of the executive authority and perform methodical management of these activities;

1.3. Develop and perform projects and state programs;

1.4. Interact with relevant organs of the executive authority in implementation of measures for providing ecological safety;

1.5. Establish compliance of future economic and other activity able to create dangerous ecological situation, to requirements of ecological safety, including passing in the procedure for the state environmental assessment established by the legislation;

1.6. Take in the procedure established by the legislation measures for stop of activities of the companies and the organizations violating the law;

1.7. Take measures for attraction in the procedure established by the legislation to responsibility of the officials violating the law;

1.8. Obtain necessary information on ecological safety at relevant organs of the executive authority;

1.9. Organize in accordance with the established procedure the international actions for providing ecological safety and take part in them, interact in accordance with the established procedure with relevant organs of foreign states for the purpose of carrying out experience exchange, specialists, information;

1.10. Perform other rights established by the legislation in the field of ecological safety.

2. In the field of ecological safety the state shall:

2.1. Exercise the state control, including control ecologically safe use of natural resources and observance by economic subjects of requirements of ecological safety;

2.2. Reveal and predict the facts and cases creating threat of origin and expansion of dangerous ecological situation;

2.3. Organize and perform information support;

2.4. Provide to the corresponding territories, including zones of ecological disasters, the status of zone of extraordinary ecological situation;

2.5. Approve the state standards and other standard rates establishing requirements for providing ecological safety;

2.6. Determine regulations of vibration and the noise pollution which are negatively influencing the environment and human health;

2.7. Inform the population on emergence of dangerous and extraordinary ecological situation;

2.8. Provide instructing of the population in the field of ecological safety;

2.9. Perform other obligations established by the legislation in the field of ecological safety.

3. According to drafts of state programs, stipulated in Item 1.3 parts of 1 this Article, according to the Law of the Azerbaijan Republic "About environmental impact assessment", the document of the strategic ecological assessment (SEA) is prepared and the state environmental assessment of this document is carried out.

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