LAW OF TURKMENISTAN

of February 4, 2017 No. 498-V

About collection, preserving and rational use of genetic resources of cultural plants

This Law determines the legal basis of state policy in the field of collection, preserving and rational use of genetic resources of cultural plants, including their wild relatives, for farming and production of food, implementation of research and selection activities, and also for ensuring safety of welfare and historical heritage taking into account interests of the present and future generations.

Chapter I. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) genetic resources of cultural plants – any genetic material of plant origin representing the actual or potential value for farming and production of food;

2) gene pool of cultural plants – selection plant varieties, and also wild types of the plants, genetically close to them, which are in conditions of their natural growth;

3) wild relatives of cultural plants are evolutionary genetically the types of natural flora, close to cultural plants, entering one sort with cultural plants potentially suitable for introduction in culture or uses in the course of receipt of new grades;

4) agrobiological diversity – the components of biological diversity used for farming and production of food;

5) agroecosystem – artificially framed for the purpose of receipt of agricultural products and the ecosystem (the field, pasture, kitchen garden, garden, protective forest planting and other agricultural ecosystems) which is regularly supported by the person;

6) bioprospecting activities – carrying out search of genetic resources of cultural plants in places of their natural growth for the purpose of collection of their samples for replenishment of collections of genetic resources of cultural plants, preserving in controlled conditions and uses in research, selection, educational and other activities;

7) biological diversity – variability of live organisms from all sources, including land, marine and other water ecosystems and ecological complexes which part they are; this concept includes variety within type, between types and variety of ecosystems;

8) genetic bank – specially equipped construction (the room, the camera) intended for storage of samples of genetic resources of cultural plants at comfort temperatures according to the approved standards of content of these resources;

9) genetic material of plant origin – any material of plant origin, including the reproductive and vegetative made multiple copies material containing functional units of heredity;

10) the holder of collection of genetic resources of cultural plants – any legal entity or physical person under which authority the collection of samples of genetic resources of cultural plants is;

11) the donor of genetic resources of cultural plants – the legal entity or physical person which provided genetic resources of cultural plants;

12) cultural plants – the types, forms and plant varieties cultivated by the person for product receipt of power supply, raw materials for the industry, forages and also in the decorative purposes;

13) collection of genetic resources of cultural plants the components of vegetable variety – collected, systematized and documented in accordance with the established procedure representing the actual or potential value for the present and future generations kept in controlled conditions out of places of their natural growth;

14) the catalog of genetic resources of cultural plants – the unified databases on the samples of genetic resources of cultural plants kept in collections of genetic resources of cultural plants;

15) sample of genetic resources of cultural plants – the whole plants, and also their parts (seeds, tubers, shanks, bulbs, rhizomes and other parts of plants), fabrics of their bodies, cages from which it is possible to receive the whole organisms or organisms relating to one type or intraspecific taxon of one rank, kept in live condition;

16) intraspecific taxon – group of individuals of one type of the plants similar on some genetically caused signs and differing on them from other groups;

17) plant material – the flora objects having the actual or potential value and used when implementing research, selection, economic and other activity;

18) reintroduction of plants – return of plant to places where the type grew under natural conditions earlier, and the grade received the characteristics and adaptive capabilities;

19) old-local traditional varieties – grades of local selection, mainly age-old, used in traditional agrosystems, left farm-production, but representing certain scientific, social and economic, cultural and historical and other value.

Article 2. Purposes of this Law

The purposes of this Law are preserving genetic resources of cultural plants, including their wild relatives, as gene pool of cultural plants for the present and future generations for the purpose of its comprehensive study and steady use for farming and implementation of other activities, production of food, stable satisfaction of needs in plant material for research and selection activities, creation of high-quality products of power supply and other agricultural products, and also improvement of food, ecological and bioresource security of Turkmenistan.

Article 3. Legislation of Turkmenistan on collection, preserving and rational use of genetic resources of cultural plants

The legislation of Turkmenistan on collection, preserving and rational use of genetic resources of cultural plants 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 collection, preserving and rational use of genetic resources of cultural plants.

Article 4. Objects of genetic resources of cultural plants

Treat objects of genetic resources of cultural plants:

1) wild, including weed, types of plants – relatives of cultural plants;

2) the old-local varieties used in traditional agroecosystems;

3) the selection grades (cultivated, which left use or did not enter catalogs of the grades recommended for use);

4) selection lines – sources and donors hozyaystvenno valuable signs;

5) special genetic material of plant origin (mutants, hybrids, it is multiple the marked lines, vegetable forms created by biotechnology methods);

6) nucleic acids (deoxyribonucleic acid – DNA and ribonucleic acid – RNA) – the main carriers of genetic information.

Article 5. The principles of conditioning for development of activities in the field of collection, preserving and rational use of genetic resources of cultural plants

The principles of conditioning for development of activities in the field of collection, preserving and rational use of genetic resources of cultural plants, including all intraspecific taxons of their wild relatives, are:

1) evidence-based combination of ecological, economic and social interests for the purpose of ensuring steady preserving and rational use of genetic resources of cultural plants;

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