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LAW OF THE REPUBLIC OF TAJIKISTAN

of March 25, 2011 No. 705

About ecological information

This Law determines legal, organizational, economic and social basis of providing ecological information in the Republic of Tajikistan, promotes the right of physical persons and legal entities to receipt of complete, reliable and timely ecological information and governs the relations in this sphere.

Article 1. Basic concepts

In this Law the following basic concepts are used:

- information - the information about persons, objects, objects, facts, events (phenomena) and processes, irrespective of form of their representation;

- ecological information - the documentary information containing data on state of environment and impact on it, measures for its protection and also on impacts of the environment per capita which structure is determined by this Law, other regulatory legal acts of the Republic of Tajikistan and international legal the act ми, recognized as Tajikistan;

- specialized ecological information - ecological information which is provided based on the agreement and which provision requires additional preparation, including collection, processing and the analysis of this information;

- general ecological information - ecological information, before appointed for general use owing to execution by owners of ecological information of the obligations assigned to them by this Law and other regulatory legal acts of the Republic of Tajikistan;

- ecological information resources - ecological information (documents, document files, funds of libraries, archives, databases), irrespective of method of its representation or stores organization, intended for inclusion in ecological information system or with keeping in it;

- the owner of ecological information - state body or other legal entity as a result of which activities logical information is created эко;

- provision of ecological information - action of owners эко logical information, directed to its transfer to state bodies, other physical persons and legal entities owing to the obligations assigned to owners of such information by this Law, other regulatory legal acts of the Republic of Tajikistan or based on the agreement on provision of specialized ecological information;

- distribution of ecological information - the actions of owners of ecological information directed to its bringing to data of state bodies, other physical persons and legal entities by its placement in printing editions, other mass media, on the official sites in global computer network or other public methods.

Article 2. Legislation of the Republic of Tajikistan on ecological information

The legislation of the Republic of Tajikistan on ecological informatization 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 the international legal acts recognized by Tajikistan.

Article 3. Object of the relations in the field of ecological information

Object of the relations in the field of ecological information is the ecological information including data:

- about state of environment, including atmospheric air, surface and underground water, the earth, the soil, plant and animal life, natural landscapes, other natural objects and about interference of these objects, and also about genetically engineered organisms and microorganisms;

- about impact on the environment of substances, and also energies, noise, radiation and other physical factors:

- about decisions of state bodies, about economic and other activity of the legal entities connected with harmful effects on the environment or its protection, and also reasons for need of their accomplishment including financial and economic reasons;

- about legal acts of the Republic of Tajikistan, about territorial complex schemes, programs and actions for rational use of natural resources and environmental protection, concepts, strategy, schemes, programs and actions which realization makes or can make impact on the environment, and also reasons for need of their acceptance, including financial and economic reasons;

- about the state of health and safety of citizens;

- about living conditions of citizens in that degree in which influence them or the environment or through the environment the factors, activities and measures specified in paragraphs three and the fourth this Article can influence.

Article 4. Right to access to ecological information

The right to open entry to the ecological information located by owners of ecological information without need to explain the reasons of interest in receipt of ecological information, according to the procedure and method, provided by this Law is guaranteed to physical persons and legal entities.

Article 5. Types of ecological information and its main sources

1. Ecological information is subdivided into general ecological information and specialized ecological information.

2. Reference of ecological information on the damnification fact is forbidden to the environment to specialized ecological information.

3. The ecological information provided or distributed by owners of ecological information according to this Law is created as a result:

- carrying out monitoring of the environment;

- carrying out measurements in the field of environmental protection;

- conducting the state accounting in the field of environmental protection;

- accounting of the used natural resources and impact on the environment;

- evaluating impact on the environment of the planned economic or other activity;

- conducting environmental assessment;

- control in the field of environmental protection;

- carrying out environmental audit;

- carrying out ecological certification;

- implementation of regulation in the field of environmental protection;

- developments and implementation of territorial complex schemes, about gram and actions for rational use of natural resources in environmental protection.

4. Issue of licenses and other allowing documents based on which environmental management as source of collection of ecological information is performed modification and (or) amendments in these licenses and other allowing documents, suspension, renewal, prolongation of effective period, the termination of their action is established according to the legislation of the Republic of Tajikistan.

Article 6. Procedure for forming and maintaining the state ecological information resources

1. The procedure for forming and maintaining ecological information resources is established by the Government of the Republic of Tajikistan.

2. The state ecological information resources include the ecological information created as a result of implementation by owners of ecological information of the activities specified in parts 3 and 4 of article 5 of this Law, and accumulated in the state bodies, other state organizations owing to fulfillment of duties assigned to them by the legislation of the Republic of Tajikistan.

3. Provision and distribution of the data included in the state resources of ecological information are performed according to articles 9-12 of this Law.

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