ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of September 7, 2004 No. 668

About liability for the damage caused by spoil of lands

According to article 54 of the Law of the Kyrgyz Republic "About environmental protection" the Government of the Kyrgyz Republic decides:

1. Determine that the companies, the organizations and other business entities (irrespective of patterns of ownership and method of housekeeping) who allowed the actions or failure to act which led to spoil of lands indemnify the caused loss according to the procedure and on dachshunds according to appendices No. 1 and 2.

2. Declare invalid the order of the Government of the Kyrgyz Republic of July 19, 1993 No. 317 "About liability for the damage caused by spoil of lands".

Appendix No. 1

to the Order of the Government of the Kyrgyz Republic of September 7, 2004 No. 668

Procedure for application of dachshunds for calculation of the amount of penalties for spoil of lands in the Kyrgyz Republic

1. Penalties for spoil of lands on dachshunds according to appendix No. 2 are applied according to the procedure of claim production when violation is fixed on the area, and also taking into account the conditions stated below.

2. For removal of fertile layer of earth of the unproductive lands having the properties which are negatively influencing fertility (rockiness, erodibility, salinity, solontsevatost) in strong and very strong degree, and also low-power shortened (with capacity of melkozemisty layer to 20 cm), sandy and tyazheloglinisty lands, the amount of penalties is estimated on the dachshund corresponding for the specific region and type of grounds using E1 coefficient = in 0,5.

3. For spoil of lands of nature protection, improving, recreational and historical and cultural appointment the size of the claim increases by 5 times. (E 1).

4. For illegal export of fertile soil the size of the claim is estimated, proceeding from its amount, E1 coefficient = 3 and dachshunds for the irrigated arable land of the respective area. For potentially fertile soil having limited properties for growth and development of plants (coherent not hardpan sedimentary breeds with content of humus to 1%), E1 coefficient = 3 and dachshund is applied to calculation of the amount of penalties for the damage caused to haymakings and pastures.

Illegally the exported soil is withdrawn for benefit of the victim.

5. Collection for spoil of lands does not exempt the violator from compensation of other damage (losses) which arose owing to spoil of lands.

6. If in case of industrial or other construction, or carrying out other works connected with violation of soil cover removal, storage or use of fertile layer of earth is not provided, the claim is made to the guilty person. The amount of collection is estimated on dachshund according to appendix No. 2 using the corresponding coefficients of ecological assessment.

7. For spoil of lands the collection estimated according to Item 9 of this provision taking into account extent of pollution can be shown by chemical, biological, radioactive and other pollutants.

8. When calculating damage for pollution of the lands provided:

- under gas stations, - the coefficient of ecological assessment of E2 = 2 is applied;

- to the companies of car service (service station, auto repair shops, car washes, stations of curing), to catering establishments, trade, to subjects of service industry (sauna, bath, dry-cleaner, painting, masterful), to the mini-markets, the markets, including cattle, trade and market complexes, - the coefficient of ecological assessment of E2 = is applied by 1,5.

9. The amount of damage is determined by the following formula:

where:

At - the amount of damage;

Р - dachshund for determination of damage according to appendix No. 2;

S - the area of the polluted parcel of land, sq.m;

E1 and E2 - coefficients of ecological assessment.

Appendix No. 2

to the Order of the Government of the Kyrgyz Republic of September 7, 2004 No. 668

Dachshunds for calculation of the amount of penalties for the damage caused by spoil of lands in the Kyrgyz Republic

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