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LAW OF THE REPUBLIC OF TAJIKISTAN

of October 16, 2009 No. 555

About protection of soils

(as amended of the Law of the Republic of Tajikistan of 03.01.2024 No. 2027)

This Law determines the basic principles of state policy, the legal basis of activities of public authorities, physical persons and legal entities for the purpose of rational and careful use of soils, preserving quality, fertility and protection of soils against the negative phenomena and governs complex of the relations connected with protection of soils.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- the soil - the natural or changed as a result of economic and other activity earth blanket which is consisting of mineral and organic substances, water, air, soil organisms and products of their life activity having the fertility, structure and other properties necessary for existence of plants and animals, life support and activities of the person;

- protection of soils - complex of legal, organizational, economic and other measures on rational use of soils, and also according to the prevention of their degradation and protection against negative impacts of natural and technogenic nature;

- soil condition - set of the indicators characterizing structure, structure and properties of the soil;

- quality of the soil - set of the properties of the soil determining nature and efficiency of participation of soils in providing the favorable circle for dwelling of the person, plants and animals;

- fertile layer of earth - the upper layer of earth having properties, favorable for growth of plants;

- rare soils - the soils created in unique climatic conditions and having special nature protection, scientific and other valuable characteristics;

- the soils which are under the threat of disappearance - the soils losing the properties or disappearing as natural natural objects;

- standard rates of quality of the soil - the indicators characterizing structure and properties of the soil in case of which it keeps the fertility;

- admissible impact on the soil - indicators of impact of economic activity and other types of use of the soil in case of which the standard rates of quality of the soil which are not exceeding permissible anthropogenous load on the soil are observed;

- standard rates of permissible anthropogenous load on pochvupokazatel of complex impact of different types economic and other types of use of the soil in case of which the capability of the soil is provided to perform the natural functions;

- pollution of the soil - receipt to the soil and accumulating in it hazardous chemical, radioactive materials and microorganisms which worsen quality of the soil negatively influence other components of the environment and the environment in general;

- degradation of the soil - decrease in natural, chemical and (or) biological qualities of the soil as a result of natural and anthropogenous processes that becomes the reason of reduction or loss of structure and structure of the soil, and also not execution of important ecosystem tasks;

- No. 2027 is excluded according to the Law of the Republic of Tajikistan of 03.01.2024

- violation of the soil - partial or final fracture, physical (mechanical) extermination of structure of the soil;

- recovery of the soil - application of the measures directed to recovery of natural structure, quality of the soil and its properties.

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

The legislation of the Republic of Tajikistan on protection of soils 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. International cooperation in the field of protection of soils

1. International cooperation in the field of protection of soils is performed according to the conventional principles and precepts of law, international treaties and the legislation of the Republic of Tajikistan.

2. The main directions of international cooperation in the field of protection of the soil are:

- participation in international treaties, programs and projects in the field of protection of soils;

- harmonization of standards and standard rates of the Republic of Tajikistan in the field of protection of soils with international standards and standard rates;

- exchange of scientific and technical and other information in the field of protection of soils.

Chapter 2. Bases of state regulation of activities in the field of protection of soils

Article 4. The basic principles of state policy in the field of protection of soils

The basic principles of state policy in the field of protection of soils are:

- ensuring rational use and preserving soil, as most important component of the environment;

- ensuring use of soil-protective technologies and other measures for prevention of pollution, degradation of the soil when implementing economic and other activity;

- timely carrying out inspections and identification of negative changes of condition of the soil;

- holding actions for increase in fertility of the soil and to recovery of the degraded soils;

- scientific justification of measures in the field of protection of soils;

- publicity, completeness and accuracy of the information about condition of the soil and the held events for protection of soils;

- participation of specialists in case of decision making in the field of protection of soils;

- inevitability of responsibility for the harm done to the soil.

Article 5. Competence of the Government of the Republic of Tajikistan in protection of soils

Are within the competence of the Government of the Republic of Tajikistan in protection of soils:

- implementation of single state policy;

- determination of the state authorized body in the field of protection of soils;

- approval of regulatory legal acts;

- approval of strategy, programs and plans of action in the field of protection of soils;

- organization of the state monitoring of condition of the soil, determination of procedure for carrying out production monitoring;

- approval of procedure for reference of soils to rare and being under the threat of disappearance;

- establishment of procedure of the state control on protection of the soil;

- determination of the main directions of international cooperation in industry;

- other powers in the field of protection of the soil established by the legislation of the Republic of Tajikistan.

Article 6. Programs for protection of soils

1. For the purpose of preserving different types of soils, in particular prevention of their pollution and degradation, the state target and regional programs are adopted.

2. Also other actions for environmental protection are provided in the state and regional target programs, along with measures for protection of soils.

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