RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of September 25, 1998 No. 195

About approval of Rules of implementation of the state control over use and protection of water objects

Based on the Presidential decree of the Azerbaijan Republic of March 13, 1998 No. 685 "About application of the Water code of the Azerbaijan Republic", approved by the Law of the Azerbaijan Republic of December 26, 1997", the Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Rules of implementation of the state control over use and protection of water objects" (are applied).

2. This Resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of September 25, 1998 No. 195

Rules of implementation of the state control over use and protection of water objects

1. These rules are developed on the basis of the Water code of the Azerbaijan Republic and the Presidential decree of the Azerbaijan Republic of March 13, 1998 No. 685 "About application of the Water code of the Azerbaijan Republic approved by the Law of the Azerbaijan Republic of December 26, 1997".

2. The main objective and tasks of the state control over use and protection of water objects consist in providing with all companies, organizations, organizations and other legal entities irrespective of pattern of ownership, citizens of the Azerbaijan Republic, foreigners, stateless persons of observance:

rules of use and protection of water objects;

limits of use of water, sanitary and hygienic, environmental, hydrological, technological, metrological standards, regulations and rules;

mode of use of the territory of the water protection zones and other requirements of the legislation on water of the Azerbaijan Republic.

3. The state control over use and protection of water objects is performed by the Ministry of Ecology and Natural Resources of the Azerbaijan Republic, the Ministry of Emergency Situations of the Azerbaijan Republic and the Azerbaijani open joint stock company of melioration and water economy (on land water objects).

The state control over the water objects placed in the territory of the Nakhchivan Autonomous Republic is performed by the Cabinet of Ministers of the Nakhchivan Autonomous Republic.

4. Implementation of the state control over use and protection of objects is carried out on the basis of regulatory legal acts:

4.1 Control is exercised on the basis of monthly, quarter and annual special working plans. In these working plans the purpose and tasks of control are specified. Working plans affirm management of the relevant organs exercising control over use and protection of water objects. Can be performed also on the basis of appeals of state bodies, the separate organizations, physical persons and legal entities.

4.2 It is controlled on the basis of the analysis of production technology and water management activities of the companies, organizations and the organizations and on the basis of studying of condition of water objects. Water objects which use and protection are unsatisfactory first of all are taken under control.

4.3 When checking compliance of the mode of operation of water objects to conditions of the project and to rules of effective use of water is determined, data on availability of the water measuring equipment and devices, their technical condition, use of progressive technologies of use of water and primary accounting of use of water are checked.

4.4 By results of check the protocol or the statement on use and protection of water object is drawn up. In these documents the confirmed facts and data are specified. On the basis of check the relevant activities for improvement of use and protection of water object are developed. Implementation of these actions is obligatory for users of water object and consumers of water.

4-1. The state control in subjects of entrepreneurship is exercised in cases and the procedure established by the Law of the Azerbaijan Republic "On regulation of the inspections which are carried out in the field of entrepreneurship and protection of interests of entrepreneurs.

5. The bodies exercising the state control over use and protection of water objects have the following powers:

for the purpose of compensation of the damage caused to the state as a result of abuse of regulations of use and protection of water objects to make the claim to all companies, organizations, the organizations and other legal entities irrespective of their subordination and pattern of ownership, to citizens of the Azerbaijan Republic, foreigners, stateless persons;

for the purpose of criminal prosecution of persons guilty of abuse of regulations of use and protection of water objects to send the relevant documents to law enforcement agencies;

in case of violation of statutory rules of use and protection of waters to suspend these works and use of waters from these sources.

6. The Ministry of Ecology and Natural Resources of the Azerbaijan Republic has the right to bring to the administrative responsibility persons guilty of abuse of regulations of protection of water objects, in cases, stipulated by the legislation.

7. Data on the year balance of water economy of the Azerbaijan Republic, daily data on water resources on the main objects of water and water economy, including data on level, amount of reservoirs, amount (with indication of structure) the water arriving in the reservoirs and following from them, amount (with indication of structure) the water accepted and transferred by water-engineering systems this on the rivers with indication of Items and the territories of arrangement, consumption data of water, operation of subartesian and artesian wells, other data on assessment, inventory count and modeling of water resources are entered into the information system "Electronic Water Economy" according to "The regulations on the information system "Electronic Water Economy" approved by the Presidential decree of the Azerbaijan Republic of February 13, 2021 No. 1289.

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