ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of July 30, 2015 No. 541

About approval of the Procedure for education, change of categories, approvals of borders and liquidation of especially protected natural territories in the Kyrgyz Republic

For the purpose of streamlining of questions of the organization, change of categories, approval of borders and liquidation of especially protected natural territories, according to article 7 of the Law of the Kyrgyz Republic "About especially protected natural territories" the Government of the Kyrgyz Republic decides:

1. Approve the Procedure for education, change of categories, approvals of borders and liquidation of especially protected natural territories in the Kyrgyz Republic according to appendix.

2. This resolution becomes effective after fifteen days from the date of official publication.

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of July 30, 2015, No. 541

Procedure for education, change of categories, approvals of borders and liquidation of especially protected natural territories in the Kyrgyz Republic

1. General provisions

1. This Procedure regulates questions of education, change of categories, approvals of borders and liquidation of especially protected natural territories in Kyrgyz the Republics (further - the Procedure).

2. Especially protected natural territories (further - OOPT), depending on their purpose and the mode of protection of natural resources and objects, according to the Law of the Kyrgyz Republic "About especially protected natural territories" are subdivided into the following categories (statuses):

- national natural parks;

- state natural parks;

- state wildlife areas;

- state nature sanctuaries;

- state botanical gardens, dendrology and zoological parks;

- biospheric territories and/or wildlife reserves;

- cross-border OOPT.

3. OOPT is formed taking into account ecological, scientific and economic reasons, and also the historical and cultural importance.

Basis for ecological reasons are determination of uniqueness and importance of natural objects and complexes for region ecology, assessment of ecological condition of the projectible territory under OOPT and offers on their protection, recovery and use.

4. Basis for economic case is determination:

- the borders and acreage transferred to OOPT;

- ekologo-tourist and historical and cultural importance;

- the actions and expenses connected with the organization, content and development of OOPT;

- the costs connected with seizure of land at owners of lands or their users;

- functional zoning of OOPT;

- the mode of protection of natural resources and objects in OOPT;

- influences of OOPT on social and economic development of the region.

5. Basis for scientific reasons is determination:

- uniqueness of natural resources, objects and complexes for carrying out research works, implementation of long-term monitoring of natural processes and the phenomena;

- geoecological importance;

- biogeographical and landscape features;

- the types of flora and fauna including included in the Red List of the Kyrgyz Republic and having global value.

6. Taking into account ecological, scientific, economic reasons and the historical and cultural importance determination of category OOPT, zoning of the territory and the mode of protection of natural resources and objects are performed.

7. In case of formation of OOPT the losses to legal entities and physical persons connected with restriction or the termination of their activities in connection with withdrawal of lands are compensated according to the legislation of the Kyrgyz Republic.

2. Formation of especially protected natural territories

8. Initiators of question of formation of OOPT can be:

- authorized state body in the field of environmental protection (further - authorized body);

- ministries and departments;

- National academy of Sciences of the Kyrgyz Republic (further - NAS) and other scientific organizations;

- local public administrations and local government bodies;

- citizens of the Kyrgyz Republic;

- public environmental organizations and associations.

9. The subjects specified in Item 8 of this Procedure concerning formation of OOPT address to authorized body which is responsible for development of offers on preserving biodiversity, rational environmental management and management of OOPT.

10. The authorized body following the results of consideration of addresses makes the decision on feasibility or inexpediency of formation of OOPT on which informs the author of the address with reasons statement to the terms established by the legislation of the Kyrgyz Republic.

11. The authorized body in case of decision making about feasibility of formation of OOPT the decision creates working group for preparation of required materials by training of OOPT (further - working group).

12. Working group specialists and experts of state bodies, NAS, scientific institutions, public environmental organizations and associations are included.

Working group representatives of local public administrations and local government bodies in the territory of which formation of OOPT is planned can be involved.

13. The working group develops, approves and approves the plan of the main works on the OOPT organization at authorized body.

14. The working group within 30 (thirty) working days from the date of education performs the following main works:

- carries out on site the analysis of nature protection value of the formed OOPT;

- determines on site features of the given category (status), zoning of the territory and the mode of protection of natural resources and objects of the formed OOPT;

- carries out on site the analysis of ecosystems and studying of landscape and geographical arrangement of the area, taking into account availability of unique natural complexes and biological diversity, and also objects of historical and cultural heritage;

- studies on site the territory of projectible OOPT for the purpose of exception of arrangement in it of the settlements, lands and structures which are in private property, pastures and public roads;

- prepares and approves on site projects of required cartographic and land management materials;

- conducts on site sociological survey among the population living in the area of formation of OOPT;

- carries out on site other works concerning designing and formation of OOPT;

- develops ecological, scientific and economic reasons for projectible OOPT.

15. The territory of projectible OOPT shall be ecologically autonomous, include completely main and the large protected ecosystems and landscapes.

16. When designing OOPT interests of local population shall be considered.

17. The authorized body requests and receives from state bodies, the scientific organizations and organizations required materials and information for development by the working group of ecological, scientific and economic reasons for projectible OOPT.

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