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LAW OF TURKMENISTAN

of March 1, 2014

About conservation

(as amended on 20-03-2017)

 This Law determines legal, economic and organizational basis of conservation and is aimed at providing ecological safety, prevention of harmful effects of economic and other activity on ecological systems, preserving biological diversity and rational use of natural resources.

Chapter I. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) natural objects - the earth, soils, subsoil, waters, the woods, plant and animal life, ecological systems, atmospheric air, climate and ozone layer of Earth providing in total favorable conditions for existence of life on Earth;

2) the environment - set of natural objects in their interaction;

3) biological diversity - set of the vegetable, animal and other organisms characteristic of certain territory;

4) ecological system - objectively existing and developed part of the environment which has space and territorial borders and in which live and its lifeless elements interact as single functional whole;

5) natural complex - complex functionally and the natural objects which are naturally connected among themselves combined by geographical, ecological and other corresponding signs;

6) natural landscape - the territory which did not undergo to change in result of economic and other activity and is characterized by combination of certain types of land relief, the soils, vegetation created in uniform climatic conditions;

7) conservation - the activities of state governing bodies, local government bodies, public associations, legal entities and physical persons directed to preserving and recovery of the environment, rational use and reproduction of natural resources, prevention of negative impact of economic and other activity on the environment and liquidation of its effects;

8) quality of the environment - state of environment which is characterized by physical, chemical, biological and other indicators and (or) their set;

9) the favorable environment - the environment which condition of objects ensures ecological safety and public health care, prevention of pollution, steady functioning of ecological systems, reproduction and rational use of natural resources;

10) authorized body of public administration in the field of conservation - the central state body of Turkmenistan enabling the realization of state policy in the field of conservation and rational environmental management;

11) natural resources - environment components, natural objects which are used or can be used when implementing economic and other activity for satisfaction of material, cultural and other requirements of society;

12) environmental management - set of processes of involvement in public consumption of natural resources for the purpose of creation of material benefits and services;

13) the user of nature - the legal entity or physical person performing use of natural resources and (or) emissions and dumpings of pollutants into the environment;

14) use of natural resources - operation of natural resources, their involvement in economic circulation, including all types of impact on them in the course of economic and other activity;

15) environmental pollution - receipt to the environment of pollutants, dangerous chemical and biological substances, radioactive materials, waste, and also environmental impact of noise, vibration, magnetic fields, infrared radiation and other harmful physical impacts;

16) pollutant - substance or mix of substances, quantity and (or) concentration of which exceed the established standard rates for chemicals, including radioactive, other materials, and make negative impact on the environment;

17) ecological regulation - system of rules, the regulations containing quantitative and qualitative indexes of assessment of state of environment and standard rates of admissible impact on it;

18) environmental impact assessment - type of activity on identification, accounting and the analysis of direct, indirect and other effects of impact on the environment of the planned economic and other activity for the purpose of adoption of the relevant decision about opportunity or impossibility of its implementation;

19) waste - substances (raw materials types), not suitable for production of certain products, which are subject to further utilization or placement from which useful properties are taken;

20) production wastes and consumption - remaining balance of raw materials, materials, semifinished products, other products or products which were formed in production process or consumption, and also the goods (products) which lost the consumer properties;

21) household waste - the waste which is formed as a result of life activity of the person;

22) dangerous wastes - waste which existence and (or) the address of which poses hazard to life, health of the person and the surrounding environment;

23) the state monitoring of the environment - complex system of observations of state of environment, assessment and the forecast of changes of its condition under the influence of natural and anthropogenous factors;

24) control in the field of conservation - the system of measures directed to prevention, identification and suppression of violation of the law of Turkmenistan in the field of environmental protection, ensuring compliance with ecological requirements by subjects of economic and other activity;

25) ecological requirements - the requirements, obligatory for execution, the restrictions and (or) prohibitions established by regulatory legal acts of Turkmenistan in the field of conservation shown to economic and other activity;

26) environmental audit - independent assessment of observance by the subject of economic and other activity of requirements of normative legal acts of Turkmenistan in the field of conservation and preparation of recommendations in the field of ecological activities;

27) ecological safety - condition of security of the environment, life and health of citizens from possible harmful effects of economic and other activity, emergency situations of natural and technogenic nature;

28) emissions - the emissions in atmospheric air of damaging health and environment substances with the fulfilled gases, solid and dustlike particles and other types of waste getting to the surrounding environment as a result of life activity of the person;

29) dumpings - dumpings into superficial and underground water objects, on land relief of the sewage containing the pollutants and other liquideous waste getting to the surrounding environment as a result of life activity of the person;

30) the climatic system - means set of the atmosphere, the hydrosphere, biosphere and geosphere and their interaction.

Article 2. Legislation on conservation

1. The legislation on conservation is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan governing the relations in the field of conservation.

2. If the international treaty of Turkmenistan establishes other rules than provided by this Law, then rules of the international treaty are applied.

Article 3. The basic principles in the field of conservation

Conservation is performed on the basis of the following basic principles:

1) providing the right of everyone to the favorable environment, priority of protection of life and health of the person, favorable conditions for life activity of the person, preserving and recovery of the environment;

2) combination of ecological, economic and social interests of society for the purpose of ensuring sustainable development and the favorable environment;

3) the solution of questions of conservation and rational environmental management on scientific basis;

4) providing ecological safety and recovery of the broken ecological systems;

5) ensuring preserving biological diversity and the objects of the environment having special ecological, scientific and cultural value;

6) protection, reproduction and rational use of natural resources for the purpose of providing the favorable environment and ecological safety;

7) the paid nature for use of natural resources and compensation of the damage caused to the environment;

8) separation of functions of environmental management and conservation, independence of control in the field of conservation;

9) obligation of environmental impact assessment in case of decision making about implementation of economic and other activity;

10) obligation of conducting the state environmental assessment of the projects and other documentation proving economic and other activity;

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