of May 2, 2014 No. 957-IVQ
About protection of green plantings
This Law according to Articles 39 and 78 and Item 11 of part I of article 94 of the Constitution of the Azerbaijan Republic governs the relations connected with protection of green plantings in the Azerbaijan Republic, determines the rights and obligations in this sphere of the state, municipalities, physical persons and legal entities.
1.0. The basic concepts used in this Law matter the following:
1.0.1. green plantings are set of the wood, shrubby and grassy plants existing in natural type or created in the artificial way and representing the importance from the point of view of necessary ecological, cultural improvement, landscape and space type within the city, other settlements and infrastructure facilities;
1.0.2. the gardening territory - the parcel of land on which green plantings or the site (space) allocated under gardening and the ecological atmosphere relating to them are located;
1.0.3. protection of green plantings - the legal, organizational and economic measures directed to use, protection, recovery and expansion of green plantings for the purpose of environmental protection and improvement of ecological situation;
1.0.4. landing of green plantings - the activities directed to preparation for crops of the territory which is taken away under green plantings, to receipt of sowing materials and landing (placement) of plants;
1.0.5. protection of green plantings - the measures directed to agrotechnical care of green plantings, their protection against damage and destruction, and also diseases and wreckers;
1.0.6. accounting and the inventory of green plantings - set of quantitative and qualitative indexes of green plantings, data on their type, the territory and other important information on them;
1.0.7. monitoring of green plantings - system of the regular observations and researches determining features and properties of green plantings for the purpose of assessment and forecasting of their condition;
1.0.8. destruction of green plantings - the actions (failure to act) which entailed stop of growth and development of plants;
1.0.9. damage of green plantings - violation of integrity of umbrella, root system, trunk or elevated live part of plants as a result of physical and other impacts which did not entail the termination of growth and development of plants, and also pollution by toxic agents of the soil, the water and air circle in the territory of gardening;
1.0.10. recovery of green plantings - landing of new plants and (or) laying of green plantings instead of the green plantings or their parts demolished (cut down), damaged or destroyed;
1.0.11. replacement cost of green plantings - assessment of green plantings performed for establishment of their value in case of damage, destruction or demolition (cutting down) including expenses on creation, cultivation and protection of green plantings;
1.0.12. demolition of green plantings - the measure directed to location change (removal with roots) trees, bushes and other plants or their cutting down on condition of recovery in the cases provided in article 13.1 of this Law.
2.1. The legislation on protection of green plantings consists of the Constitution of the Azerbaijan Republic, international treaties which participant is the Azerbaijan Republic, this Law and other regulatory legal acts.
2.2. In case of difference of regulations in the field of protection of the green plantings established in international treaties which participant is the Azerbaijan Republic and the regulations provided in this Law regulations of international treaties are applied.
This Law extends to the green plantings located in the territory of the country except for of the green plantings located on lands of forest fund, especially protected natural territories and objects which are in private property personal and seasonal dachas and also green plantings (crops) consisting of the plants used for production of agricultural products.
4.1. Objects of legal relations in the field of protection of green plantings are green plantings (wood, shrubby, flower and grassy plants), their landing material (seeds, seedling, saplings), the territories of green plantings and the right to use of them.
4.2. Subjects of legal relations in the field of protection of green plantings are state bodies, municipalities, physical persons and legal entities.
4.3. All subjects of legal relations in the field of protection of green plantings are given the equal rights during the using, bookmark, recovery, protection and expansion of green plantings. Except for circumstances are not given to any of the subjects provided by this Law preference.
5.0. The basic principles of protection of green plantings are:
5.0.1. ensuring ecological balance in the territory of green plantings;
5.0.2. creation and providing the cultural and improving atmosphere;
5.0.3. ensuring participation in protection of green plantings of the state and municipal authorities, population and non-governmental organizations;
5.0.4. implementation of economic incentives in the field of protection of green plantings;
5.0.5. the state control and public control in the field of protection of green plantings;
5.0.6. responsibility for violation of the law;
5.0.7. international cooperation in the field of gardening.
6.1. Depending on appointment and rules (mode) of use on sites and other settlements, within infrastructure facilities there are following types of green plantings:
6.1.1. the green plantings which are in general use (the green plantings which are in the territory of parks, forest parks, gardens, flower beds, boulevards);
6.1.2. green plantings of limited use (the green plantings which are in the intra quarter territories, the territories of educational, medical, cultural and community institutions, industrial enterprises and other objects);
6.1.3. green plantings of special appointment - the strips of green plantings pledged between industrial enterprises and complexes and living areas within infrastructure facilities (long and automobile distance railways, energy lines and objects, water channels and other similar objects), nurseries (greenhouses), street green plantings, green plantings in protection zones, sanitary protection and other protective zones, the territories of memorial complexes (avenues) and cemeteries and other green plantings.
6.2. Protection of green plantings is performed according to the procedure, established by this Law and other regulatory legal acts.
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