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LAW OF THE REPUBLIC OF TAJIKISTAN

of August 1, 2012 No. 892

About collection, preserving and rational use of genetic resources of cultural plants

This Law establishes the legal basis of state policy in the field of genetic resources of cultural plants and their wild relatives, and governs the relations concerning their collection, preserving, research and rational use for the purpose of maintaining agricultural industry, ensuring food, ecological and biological security, implementation of research, selection, educational activities, and also ensuring safety of welfare and historical heritage for the benefit of the present and future generations.

CHAPTER 1. GENERAL PROVISIONS

Article 1. Basic concepts

In this Law the following basic concepts are used:

- genetic resources of cultural plants - any genetic material of plant origin representing the actual or potential value for farming and production of food;

- gene pool of cultural plants - genetic variety of plants and their wild relatives who are used or can be used in the future for farming and production of food;

- wild relatives of cultural plants - evolutionarily and the types of natural flora, genetically close to cultural plants, entering one sort with cultural plants or participating in origin or evolution of cultural types of other patrimonial complexes;

- plant material - the flora objects having the actual or potential value and used when implementing research, selection, economic and other activity;

- collection sample - live plants, part of plant (seeds, tubers, shanks, bulbs, rhizomes, etc.), its fabric, cages from which it is possible to receive the whole organism or organism relating to one botanical type. The sample of collection can be provided in wild form, the local or selection, obsolete or cultivated grade, the genetic line or other plant material;

- old local grades - grades of local selection which left agricultural production represent certain scientific, social and economic, cultural and historical and another values also have adaptive properties to abiotic factors of the circle;

- biological diversity - variability of live organisms from all sources, including, land and water ecosystems and ecological complexes which part are live organisms. This concept includes variety within type, between types and variety of ecosystems;

- agrobiological diversity - the biodiversity components used in agricultural industry and production of food;

- agroecosystem - the ecosystem which is artificially created by the person for receipt of agricultural products (the field, pasture, garden, forest shelter planting, etc.);

- genetic erosion - the loss of genetic variety caused by anthropogenous activities, including irrational use and non-compliance with measures for preserving genetic resources;

- collection of genetic resources of plants - the biodiversity components kept in controlled conditions out of natural places of their dwelling;

- the national collections of genetic resources of cultural plants - collected, systematized and the biodiversity components which are of the actual or potential value for the present and future generations and being under the state authority documented in accordance with the established procedure;

- national basic collections - the national property consisting of valuable and unique samples of genetic resources of the cultural plants and their wild relatives brought in the National catalog of the genetic resources which are on long-term safe storage in specially equipped genetic bank and also samples of the perennial plants containing in special field genetic banks;

- active working collections - samples of the genetic resources kept in the conditions of medium-term storage, intended for exchange, requirements satisfaction of different users in seed and other genetic plant materials for research and use in scientific, selection and educational programs and other purposes;

- doublet collections - doublet samples of genetic resources of the collections transferred to users of the different organizations (including foreign and international genetic banks) for the purpose of their studying and use in different programs, and also those which are transferred to other genetic banks by the principle of "black box" for safe doublet storage on case of contingencies and natural cataclysms;

- genetic collections - set of samples of genetic resources of the intraspecific forms created by selection or experimental methods and revealing heritable differences on one or several signs;

- rod collections - samples of genetic resources which minimum quantity contains the main genetic variety of type;

- gerbarny collections - gerbarny samples of the wild-growing and cultural plants which are the most important tool of research of biological diversity of flora;

- collections of desoxynucleic (DNA) and ribonucleic (RNA) of acids - samples of nucleic acids of genetic resources of plant origin which remain in the high-molecular genomic or cloned form;

- the national catalog of genetic resources of cultural plants - the unified databases on the kept samples of national basic collections of genetic resources of cultural plants and their wild relatives;

- the owner of sample of genetic resources - the physical person or legal entity having the property right to collection of genetic resources of cultural plants and their wild relatives;

- the holder of genetic resources - any physical person or legal entity under which authority the collection of samples of genetic resources is;

- the donor of genetic resources - the physical person or legal entity which provided genetic resources;

- genetic bank - specially equipped construction or the room intended for storage of genetic samples of cultural plants at optimum temperatures of preserving according to the approved standards.

Article 2. Legislation of the Republic of Tajikistan on collection, preserving and rational use of genetic resources of cultural plants

The legislation of the Republic of Tajikistan on collection, preserving and rational use of genetic resources of cultural plants 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. Objects of genetic resources of cultural plants

Treat objects of genetic resources of cultural plants:

- wild and weed types - relatives of cultural plants;

- the old local grades used in traditional agroecosystems;

- the selection grades (cultivated, which left use or entered national catalogs of recommended grades);

- selection lines, sources and donors hozyaystvenno valuable signs;

- special genetic material (mutants, hybrids, it is multiple the marked lines, vegetable forms created by biotechnology methods);

- nucleic acids (desoxynucleic (DNA) and ribonucleic (RNA) of acid) - the main carriers of genetic information.

Article 4. State policy in the field of collection, preserving and rational use of genetic resources of cultural plants

State policy in the field of collection, preserving and rational use of genetic resources of cultural plants is performed in the following directions:

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