LAW OF THE REPUBLIC OF TAJIKISTAN

of May 17, 2004 No. 31

About protection and use of flora

This Law establishes the principles of state policy of the Republic of Tajikistan in the field of protection and rational use of flora, determines legal, economic and social basis in this sphere and is directed to preserving and reproduction of resources of flora.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

plants (as flora objects) - the organisms breeding disputes, seeds and vegetative parts (including mushrooms, seaweed, mosses, lichens, pteridophytes), capable to synthesize from inorganic compounds organic substances with energy use of the sun;

objects of flora or natural vegetable to resursyvsa types of wild-growing plants: land and underground speak rapidly, including roots, seeds, flowers, grass vegetable cover, officinal and technical plant, wild-growing berries, fruits, rare and disappearing plants, trees, groups of trees, bushes, wood and shrubby plantings, reed, cane, and also Bryophyta, seaweed, mushrooms, lichens, etc.

Objects of flora share:

- to destination: on food, fodder, officinal and technical plants;

- on prevalence: on mass, restrictedly widespread, rare, being under the threat of disappearance;

flora (vegetation) - set natural, different on structure, structure, provision and value of types of vegetation or the vegetable communities combined in departments of different phytocenogenesis and the time of origin covering the earth or its separate territories, which are characterized by the number and combination of different vegetable communities, their spaces, structure and dynamics, and also set of vital forms of plants;

the vegetable community is set of population of the plants growing in the homogeneous territory which specific structure and structure are caused by difficult relations among themselves, with animals and the environment;

community - set of organisms of different functional accessory within the homogeneous territory;

limit - extremely assigned amount of withdrawal of objects of flora from the environment established taking into account non-infringement of biological diversity;

botanical collections - live collections of botanical gardens, arboretums, tree nurseries, greenhouses, nurseries and other genetic banks of seeds, and also herbariums and other meetings of parts and products of plants.

Article 2. Legislation of the Republic of Tajikistan on protection and use of flora

The legislation of the Republic of Tajikistan on protection and use of flora is based on the Constitution of the Republic of Tajikistan and consists of this Law and other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts. recognized as the Republic of Tajikistan.

Article 3. Principles of protection, use and reproduction of objects of flora

When planning and implementing actions for protection, rational use of objects of flora, and also the actions influencing the circle their growths or condition of these objects it is necessary to observe the following principles:

- compensation of the damage caused to flora objects, and use of these funds for recovery of the caused damage;

- preserving under natural conditions biological diversity of wild-growing plants and natural vegetable communities formed by them;

- protection of the circle of growth of wild-growing plants and the natural vegetable communities created by them;

- recovery and preserving integrity of population of rare, disappearing, and also endemic, relic and other persons in need in protection of types of plants;

- evidence-based use and reproduction of natural vegetable resources;

- maintenance of the water preserving, soil-protective, sredoobrazuyushchy, improving, recreational and other useful properties of flora for the benefit of public health care, improvements of the surrounding environment and development of economy;

- protection of objects of flora from the fires, mud streams, erosive processes and other natural disasters, and also from wreckers and diseases;

- regulation of distribution and number of wild-growing types of plants in order to avoid causing damage to wildlife, economic activity and population;

- paid nature of use of flora objects.

Article 4. Use of flora

Flora of the Republic of Tajikistan is used as basis of life and activities of the people of Tajikistan and is under special protection of the state.

Article 5. The rights and obligations of physical persons and legal entities in the field of protection, use and reproduction of objects of flora

Physical persons and legal entities according to the legislation of the Republic of Tajikistan have the right:

- stay freely in natural vegetable communities of state-owned property, the natural territories which except for are especially protected:

- use flora objects;

- dispose at discretion (collected) products of flora which are in their property and prepared, and also the income from its realization;

- require indemnification (including lost profit), the rights of users caused by violation;

- participate in the solution of the questions connected with land reclamation, adjoining on flora objects.

Physical persons and legal entities shall:

- observe the requirements for protection and use of objects of flora established by the legislation of the Republic of Tajikistan;

- not allow deterioration in the circle in growth of objects of flora, destruction and damage of wild-growing plants, circle contamination of their growth, abuse of regulations of fire safety, to observe nature protection technologies in case of collection and procurement of wild-growing vegetable raw materials;

- not break integrity of natural vegetable communities, promote preserving their specific variety, increase in productivity of herbage (forest stand), seeds, fruits, other products;

- give every possible help to the authorized bodies performing maintaining the inventory and monitoring of objects of flora, control of protection and use of objects of flora;

- carry out works on fight against quarantine, weed types of plants, wreckers and diseases of wild-growing plants, on prevention of erosion of soils, boggings, floodings, salinization, pollution, decrease in fertility of soils and other processes;

- to timely bring payment for use of natural vegetable resources;

- not allow deterioration in condition of other natural resources;

- not violate the right of lessees, other users, and also adjacent users of objects of flora;

- fulfill other requirements for protection and rational use of objects of flora, stipulated by the legislation the Republic of Tajikistan.

Article 6. Payment for use of flora objects

Use of flora objects (except types of use, the specified in paragraphs one, the second, fourth and sixth article 13 of this Law) in the territory of the Republic of Tajikistan is performed for a fee if other is not stipulated by the legislation the Republic of Tajikistan.

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