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Law 12 For 2012 To Lay The Ground Rules For The Safety And Protection Of The Environment From Pollution

Original Language Title: القانون 12 لعام 2012 إرساء القواعد الأساسية اللازمة لسلامة البيئة وحمايتها من التلوث

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Law 12 of 2012 Establishing the Basic Rules for Environmental Safety and Protection from Pollution


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Act No. 12 of 2012
Date-birth: 2012-03-29 History-Hjri: 1433-05-06
Published as: 2012-03-29
Section: A law.

Information on this Act:
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Law No. 12 of 2012
Establishment of basic rules for environmental integrity and protection against pollution

President
Based on the Constitution

As approved by the People's Assembly at its meeting held on 3/5 1433 A.H., 25/3/2012,

exports the following :

Section I
Chapter I
Definitions
Article 1

The following expressions are intended to apply the provisions of this Law to the meaning of each of them:

  • Council: Supreme Council for Environmental Protection.
  • Ministry of State for the Environment
  • Minister: Minister of State for the Environment
  • Competent: Who is related to some of the provisions of this Act from outside the Ministry .
  • Directorate of Environment: Directorate responsible for monitoring environmental affairs in the governorate .
  • Environment: Ocean in which neighbourhoods live from human, animal and plant, including water, air, land, and material containing and affecting the ocean .
  • Environment elements: water, air, land, and what they include and live inside and around .
  • Environmental pollution: each quantitative, qualitative or qualitative change in the physical, chemical or biological qualities of one or more elements of the environment resulting in damage to human health and life, the health of organisms and plants, their lives, and the health and safety of natural resources .
  • Environmental protection: a set of systems, procedures and means to ensure the continued balance, stability and development of the environment and maintain a healthy and healthy environment to enjoy life, to benefit from natural resources and not to deteriorate .
  • Environmental impact assessment: to research the environmental impact of a specific project or activity and to evaluate it in light of the approved foundations and procedures .
  • Environmental development: It is one of the pillars of sustainable development that ensures the preservation, development and sustainable use of the elements of the environment without exposing them to the deterioration or disruption of balance between them .
  • Environmental degradation: Changes to environmental elements and ecosystems resulting from human activities or climate change in a way that reduces their value or distorts their environmental nature
  • Hazardous substance: A substance that is one of the characteristics of a hazard and causes potential harm to the elements of the environment due to its chemical, physical, radiological or biological properties .
  • Harmful substance: any simple, complex, mixed or waste material, natural or manufactured, that is harmful to the environment or to any of its components .
  • Restricted article: Any article prohibiting all uses except for use in specific areas allowed .

Chapter II
Objectives of law
Article 2

The aim of the Act is to establish basic rules for the safety and protection of the environment from pollution and to achieve environmental development and to define the tasks entrusted to the Ministry, as well as its functions in cooperation with the competent authorities to follow up on the implementation of its provisions and the provisions of laws and regulations relating to environmental matters. These goals are achieved.

Chapter III
Ministry functions
Article 3

In order to achieve the objective of this law, and taking into account the texts and provisions in the window that are relevant to the preservation of the integrity and resources of the environment, the Ministry is responsible for the following tasks:

1. Develop the vision and policy for environmental protection within the framework of the State policy, prepare and develop the necessary national strategy, and develop plans and programmes for implementation and follow-up in cooperation and coordination with the competent authorities .

2. Preparation of legislation, regulations and studies on the preservation of the environment in various components, its protection methodology and the orientation towards a green economy in cooperation and coordination with the competent authorities .

3. Inventory of existing environmental problems and conduct or participation in scientific research and studies needed to address them, reduce environmental degradation and strive to reduce the emergence of any other environmental problems that threaten potential harm to the environment, benefiting from relevant domestic and international studies .

4. Monitor environmental elements through their laboratories and laboratories that agree to be adopted by the Council on the basis of the basis of a competent committee comprising the relevant ministries and periodic assessment of the situation and orientation of pollution in the environment components .

5. Establish the necessary foundations and measures to assess the environmental impact in cooperation and coordination with the competent authorities for new development activities, including infrastructure projects and any industrial, agricultural or service facility that would pose a threat to the environment because of its size or nature or because of its release of pollutants. To the elements of the environment, including those to be established within the cities, industrial zones and free zones, and the minister will issue a list of projects and activities that are subject to this calendar, which are prepared in cooperation with the competent authorities, and considers the adoption of the environmental impact assessment study by the relevant authority. In the Ministry a condition for obtaining a permanent or temporary license for such projects unless some of them are excluded for necessities. Maximum by the Council that the exempt entity shall be obliged to compensate for the damage caused by its work in the event of its occurrence and which shall be determined by the Council at the Minister's proposal. .

6. Strategic environmental assessment of ministries' action plans, policies and programmes .

7. Develop environmental regulations and conditions for industrial facilities and other activities that have a detrimental impact on the environment or which disturb their balance in cooperation with the competent authorities .

8. Identify the facilities where environmental management is required and establish the basis for the work of the Department .

9. Set up the standards and standards that must be provided in each of the elements of the environment according to their uses in the light of technological progress and the development of internationally recognized standards in cooperation with the competent authorities in preparation for their adoption and the consideration of each of these specifications and standards as pollution. .

10. Identification of environmentally permissible upper limit criteria and indicators for noise in different sources in cooperation with the competent authorities .

11. Identify harmful or hazardous substances on the environment and establish the foundations for their classification, storage, circulation, transport, destruction and disposal, and to determine what prevents it from being entered into the Syrian Arab Republic in accordance with international environmental conventions, in partnership with the competent authorities .

12. Prepare environmental contingency plans and follow up on their development and implementation in cooperation with the competent authorities .

13. Monitor and follow up on pollution treatment measures in the environment to ensure that pollution is not transmitted or transmitted .

14. Control and inspection of activities with environmental impact in public and private bodies to verify their compliance with the standard environmental specifications and the standards adopted and take action necessary for the private sector's offending activities and the proposal to the Board of Procedures It is necessary for public and joint activities to avoid irregularities if any. .

15. Prepare and develop manuals, requirements and instructions for the classification and management of industrial, hazardous and medical wastes referred to in chapters III, IV and V of the Cleanliness Act No. 49 of 2004, in partnership with the Ministry of Local Administration, the Ministry of Health and the competent authorities Cooperation with those bodies in following up on the implementation of the provisions contained in those chapters .

16. Establishing the foundations for the construction of national parks, environmental parks and streets and their conditions, and laying the foundations for the establishment of natural reserves in accordance with international standards and their monitoring according to their data and characteristics in partnership with the Ministry of Agriculture and Agrarian Reform and the competent authorities. .

17. Develop environmental standards to protect plant and animal biodiversity components, whether aquatic or terrestrial .

18. Develop public policies to protect plant and animal biodiversity components in partnership with relevant stakeholders and follow up on the implementation of the national biodiversity protection strategy and action plan .

19. Work on the establishment, operation and follow-up of environmental monitoring networks .

20. Preparation, organization and follow-up to the development of the Environmental Information Bank .

21. Preparation and follow-up of the environmental pollution map for each governorate .

22. Support associations and civil society organizations working in the field of environmental protection with a view to activating and facilitating their activities .

23. To commission researchers from or outside the Ministry to carry out environmental scientific research and studies in accordance with the provisions of laws and regulations in force .

24. To develop environmental public awareness of various media outlets and disseminate the results of scientific research with a view to preserving the health and resource safety of the environment and to guide the use of special technologies, energy and alternative materials, and to follow up on the promotion, reduction and control of pollution prevention Strive to introduce environmental educational programmes in the curriculum and new environmental disciplines in higher education .

Article 4

The Ministry shall cooperate and coordinate with the competent authorities in carrying out the following tasks:

1. Establish environmental standards and requirements for the use of renewable and alternative energy technologies and cleaner production and participate in the preparation of national network strategies and research for technologies .

2. Establish the foundations and integrated environmental planning standards for land use .

3. Participation in environmental scientific research and studies on activities in the territory of the State, its inland waters, the sea and the airspace above it and on hazardous installations and materials that are harmful to the safety of the environment and propose the necessary recommendations and actions for the removal of danger .

4. Participation with regional and international organizations in research, conferences, symposiums and meetings on environmental matters and follow-up on the implementation of proposals and recommendations in cooperation with the competent authorities and in coordination with the Ministry of Foreign Affairs and the diaspora .

5. Strengthening relations with States, international and regional bodies and organizations in matters, affairs, conventions and treaties related to the functions of the Ministry and the establishment of the systems provided for in those treaties and conventions in cooperation with the Ministry of Foreign Affairs and the Expatriates and the Planning and Cooperation Organization International .

6. Participation in the protection of the coast and the marine environment from pollution .

7. Study the causes of soil erosion and desertification, and all that lead to the pollution of the earth, its hollow and natural resources, and propose suitable solutions for them. .

8. Develop studies of human activity that adversely affect the components of biodiversity, national and international trade, the introduction of alien species, genetically modified organisms and others, and participation in the control and organization of these activities to ensure their results in sustaining those components and stopping these activities Activities as required .

9. Develop studies to develop and regulate human activities that are alternative sources of income for communities directly dealing with the components of biodiversity, such as ecotourism, rural development projects and others. .

10. Participation with the Ministry of Local Administration in the development of methods for the treatment, investment and disposal of solid municipal waste and the provision of technical opinion through the review of environmental impact assessment studies of the waste treatment sites .

11. Take necessary measures to prevent any waste from being entered into or buried in the Syrian Arab Republic.

Article 5

1. In addition to the terms of reference granted under this Act and the laws and regulations in force, the Minister shall:

a. Presentation of Vision, Policy and Plans on Environmental Protection and Environmental Development and its amendments to the Board .

b. Annual report on the environmental situation in the Syrian Arab Republic submitted to the Council .

c. Prepare the necessary regulations, instructions and executive regulations in accordance with the provisions of this law and submit them to the Council for approval. .

2. The Minister is entitled to:

a. Formation of a part-time and experienced professional advisory committee representing public and private actors interested in environmental matters .

b. Setting up quality environmental committees in agreement with the competent authorities and defining their functions .

c. Conclusion of contracts relating to the work of the environmental measurements of others exceeding the value of 500,000 Syrian pounds and the supply of these values to the public treasury of the State .

Article 6

The Minister is assisted in his work:

1. Three aides who support the minister in all of the ministry's work and are responsible for the operation of administrative, technical, financial, legal and organizational matters that belong to the ministry. They are appointed, assigned the duties and competences between them and exercising their powers according to the provisions of the laws in force. .

2. A technical, administrative and financial apparatus that determines its structure and conditions for filling its functions in the internal system of the Ministry.

Chapter IV
Ministry resources
Article 7

The financial resources of the Ministry consist of:

1. Provisions for which it is allocated in the general budget of the State .

2. Environment Support and Protection Fund funds .

3. Any other resources permitted by laws and regulations in force in coordination with the Ministry of Finance .

Part two.
Supreme Council for Environmental Protection
Chapter I
Composition

Article 8

A Higher Council for Environmental Protection shall take place as follows:

  • The Prime Minister is President.
  • State Minister for the Environment, Vice-President.
  • Minister of Local Administration Member.
  • Minister of Industry.
  • Minister of Health
  • Minister of Transport Member.
  • Minister of Petroleum and Mineral Resources.
  • The Minister of the Interior.
  • Minister of Tourism.
  • Minister of Housing and Construction.
  • Minister of Agriculture and Agrarian Reform
  • Minister of Electricity
  • Minister of Higher Education
  • Minister of Education.
  • The Minister of Information.
  • Minister of Irrigation
  • Minister of Social Affairs and Labour
  • Minister of Communication and Trade.
  • Head of the Planning and International Cooperation Authority Member.
  • The President of the General Confederation of Trade Unions is a member
  • President of the General Union of Peasants Member.
  • Director of the Syrian Investment Authority.
  • Captain of Engineers.
  • Captain Agricultural Engineers is a member.
  • The President of the General Federation of artisans is a member.
  • Head of the Federation of Chambers of Industrial Chambers
  • Head of the Federation of Chambers of Tourism.
  • Representative of environmental associations Member.
  • Consumer Protection Society is a member.
  • Women's Union member.
  • The Associate Minister of State for the Environment is a member and rapporteur.

Article 9

1. The Council meets once every six months and whenever the need arises at the invitation of the President .

2. The Council issues its resolutions with the most votes of those present. .

3. The Board may invite experts, advisers or any person to be convened by the Council for their views on matters submitted to it without the right to vote .

4. Decisions of the Council shall be issued and its recommendations adopted by the decision of its President .

Chapter II
Board functions
Article 10

The Board shall assume the following functions and powers:

1. Adoption of the vision and policy for the protection of the environment, its national strategy, plans and programmes and proposed amendments as part of the State policy .

2. Adoption of regulations and conditions relating to the environment that must be provided in industrial facilities and other activities that have a detrimental impact on the environment or that disturb its balance .

3. Take decisions to prevent, arrest or impose restrictions on the operation of any facility or activity that returns to the public or joint sector which, according to it, causes damage to the environment or imbalance in its balance. .

4. Take the decision on the exception and determine the harm referred to in article 3, section 5, of this Law .

5. Adoption and adoption of regulations, instructions, decisions and executive regulations necessary for the implementation of the provisions of this Law .

6. Agree approved and eligible laboratories for measurements of environmental components .

7. Agree to contingency plans for environmental disasters .

8. Consideration of matters relating to the environment presented by the Minister to the Council .

9. To study the annual report of the Minister to the Council on the environmental situation and take what it takes to .

Section III
Environment Support and Protection Fund
Article 11

1. The Ministry has an environmental protection and protection fund that is based in the city of Damascus and is linked to the minister, and branches can be set up in the governorates. .

2. The Central Bank of Syria shall open an account in the name of the Environment Support and Protection Fund, which shall deposit all donations, donations and funds provided by international and Arab organizations, bodies and funds in accordance with the provisions of the laws in force, in addition to what is allocated to it in the State budget. Funds for environmental support and protection .

3. The Ministry has the right to issue an environmental character in favour of the Fund for transactions concerning activities that may lead to environmental pollution and determine the value of such activities in a decision issued by the Prime Minister in coordination between the Minister and the Minister of Finance. .

4. This account is driven by the minister and the ministry's accountant combined .

5. The Minister, in coordination with the Minister of Finance, shall establish a system for this fund to determine how to manage it and the purposes to which it allocates its resources and how to liquidate its accounts and shall be adopted by the President of the Board.

Section IV
Chapter I
Environmental inspection
Article 12

1. The Ministry names environmental inspectors from its employees who have technical expertise as defined by the conditions established by the Ministry in the rules of procedure and those environmental inspectors perform before the President of the Civil Start Court in the governorate centre where they reside in the following right. "I swear to God Almighty to do my job honestly and discreetly and to follow the path that is necessary for the protection of the environment and the health of the citizens," he said.

2. These environmental inspectors have the right after their performance to enter places designated by the ministry in coordination with the competent authorities under an important order issued by the minister or a delegate who is authorized to inspect them in environmental terms with the support of the environmental officer, so as to control any violation of what is stipulated in this matter. Law and any contravention of other environmental specifications, conditions and regulations .

3. Taking into account section 14 of Article 3, an octopus organized by environmental inspectors after the alarm of the contrary and the expiration of the period of alert, the status of the organization by the judicial officer after its adoption by the Minister or his delegate, who is referred to the competent court by the prosecution service for the trial of the offender. .

4. Environmental inspectors and those who support them may enter the role of inhabited housing only with the permission of the prosecution service. .

5. Subject to section 14 of Article 3, the Inspector shall be entitled to the closure of the offending place, which was given notice, and the duration of the alarm went off and the closure shall be carried out through the public prosecution on the basis of a decision by the Prime Minister on the basis of the Minister's proposal and remains linked to the outcome of the trial. .

6. The Minister shall establish the specific instructions for the immediate closure and shall be carried out after its adoption by the Council .

7. A. The Ministry requests that a sufficient number of police personnel be allocated to perform the duties of the Environmental Officer and put them at their disposal. .

b. Added to the Ministry of the Interior, "Internal Security Forces", corresponding to the number assigned to the Ministry under the preceding paragraph .

c. Members of the environmental officer follow the instructions of the ministry in their environmental duties and remain subject to their original systems in all

It's about other things. .

Dr. In agreement with the minister, the interior minister will issue a decision explaining the tasks to be assigned to the Environmental Officer and organize its relationship with the ministry.

e. All legal expenses, including salaries, compensation and rewards, shall be borne by the Ministry of State for Environmental Affairs, at the disposal of the officers at the disposal of the environmental officers. .

8. Environmental inspectors shall receive compensation of 25 % of their wages in effect for the performance of their special nature, but the sum of each of them shall not exceed the compensation of other compensation related to the nature of the work and the technical jurisdiction specified in the laws and regulations in force. .

9. The Minister, in agreement with the Minister of Justice, sets out the conditions to be provided by experts in environmental matters other than those of the Ministry who can be used exclusively in judicial expertise related to environmental issues. The Minister of Justice will issue a decision with the Minister to name them. To determine their duties, and these experts are sworn in before the head of the Civil Start Court at the county centre where they reside, "I swear to God, to carry out my mission honestly and honestly, and I pledge to preserve the confidentiality of the information," and to determine their wages and compensation in accordance with the regulations in force. .

Chapter II
Responsibilities and penalties
Article 13

Taking into account the provisions of Article 12 (2, 5) of this Law and without prejudice to the most severe penalties provided for in other window laws :

1. a. All those who contributed or helped to cross nuclear, radioactive or dangerous waste into the Syrian Arab Republic are punished by provisional arrest for at least five years and a fine from 10 million Syrian pounds to 20 million Syrian pounds, or twice as much as the value of the shipment, whichever is more. .

b. The punishment shall be hard labor, if such waste is to enter, bury, bury, burn, or be stored in the territory of the Syrian Arab Republic or its territorial waters, and to death if this entry is caused by the death of a human being. .

2. A. The official responsible for managing the private facility with industrial, economic, development, tourist or service activity, as well as its owner, is punishable by a fine from 400 thousand Syrian pounds to 1 million Syrian pounds in one of the following cases:

  • If its activity causes environmental pollution that leads to Annie or future harm to human health and safety. .
  • If it is disposed of in the Syrian Arab Republic of any type of solid waste, industrial, hazardous, medical, liquid or gas resulting from its activity, contrary to the provisions of this law, standards, specifications, conditions and other environmental regulations .
  • If the grounds for classification, storage, transfer, circulation and destruction of harmful or hazardous substances or use of restricted substances are contravened and permitted, .

b. The penalty is worth whether the waste is disposed of discharging, dumping, dumping, burning, or in any other way. .
c. In case of repetition, the penalty is at least three months' imprisonment and double the fine specified in the preceding paragraph .

3. Every agricultural, industrial or service facility subject to an environmental impact assessment has been directly carried out without a study of the environmental impact assessment and its adoption by the ministry concerned, and in addition to the closure, the official responsible for managing it, in addition to the owner, is punished with a fine of the fine. 100,000 Syrian pounds to 400 thousand Syrian pounds, and this penalty is doubled if it is a result of the work of the facility, pollution of the environment. .

4. A. Anyone who commits any of the other environmental violations, including noise or air pollution, with the annoying or harmful smells that issue the necessary instruments, is punishable by a fine of 100,000 Syrian pounds to 500 thousand Syrian pounds. .

b. In case of repetition, double the fine provided for in the previous paragraph, and the penalty is imprisonment for at least two months, in addition to doubling the fine in case of repetition for more than once. .

5. A. In the case of the case, the court may order the opening of the shop, facility or institution that is contrary to the provisions of this law within the specified time for the removal of this offence.

b. Everyone who fails to remove the violation after the period specified for removal is punishable by a fine of not less than 10,000 Syrian pounds and no more than 50,000 Syrian pounds for each day when the violation does not return to work in the shop, the enterprise or the offending enterprise. After environmental inspectors have disclosed them and confirmed the removal of the violation and the proposal to do the work .
c. Removing the offence within the specified period is a mitigating factor .

6. A fine of 100,000 Syrian pounds is punishable by the fine of the closed facility, which is not for every day that the work is carried out during the time allotted to remove the offence. .

7. All fines imposed on the basis of the provisions of this Act shall be transferred to the public treasury of the State .

Article 14

Environmental issues are considered urgent as they are considered before the competent courts in accordance with the provisions of this Law .

Article 15

Responsible for harm to the environment or to any person who has been affected by or caused by the damage to the environment or to the act of his or her possession, whether on purpose, neglect, lack of precaution or failure to observe the regulations. Such liability shall be presumed in the application of the provisions of article 13 of this Law .

Article 16

1. Prevends the introduction of imported materials harmful to health or the environment into the territory of the Syrian Arab Republic .

2. If these materials are introduced and subsequently proven to be harmful to health or the environment, the importer needs to remove them at their own expense and ensure that they are not destroyed in the territory or territorial waters of the Syrian Arab Republic. .

3. Attempted to initiate the introduction of harmful substances into the Syrian Arab Republic in accordance with the death penalty .

4. The Minister, in cooperation with the competent authorities, shall develop instructions that identify harmful substances and the mechanism to remove them. .

Rule 17

1. A penalty of imprisonment of one to three months and a fine of 100,000 Syrian pounds to 500 thousand Syrian pounds, in addition to the accountability of the following, after the judgement is issued:

a. All those who disregard environmental inspectors from the work of a facility that is subject to their supervision and cause harm to the environment or those who have not verified the procedures and specifications related to the environmental impact assessment of the facilities subject to its control or disregard .

b. All those who work in the State to license any of the projects or activities that are subject to the environmental impact assessment under the Regulation 5 of Article 3 of this Law without the adoption of the Environmental Impact Calendar by the competent authority in the Ministry. .

2. Penalties in accordance with the provisions of Articles 445 et. of the Penal Code Legislative Decree No. 148 of 1949 Its amendments add to the accountable accountability following the judgement that all documents or records are forged in order to cause harm to the environment .

Section V
General provisions
Rule 18

Financial rewards are allocated to persons found to be exposed to environmental violations that necessitated the regulation of the necessary carp. These violations and the assets of granting bonuses are determined by a decision issued by the Prime Minister on the proposal of the Minister and the Minister of Finance in accordance with the laws and regulations in force. .

Rule 19

1. Equipment, techniques and imported raw materials that allow avoidance, reduction or elimination of forms of pollution, or waste treatment, recycling and use, are exempted from 50 % of customs duties and the equipment, techniques and raw materials covered by the exemption are specified. Decision issued by the Ministry and in coordination with the Ministry of Finance, Ministry of Industry and Ministry of Health .

2. Every natural or legal person who performs activities that contributes to the preservation of the environment shall receive tax cuts and determine such activities and the proportions of the reduction they deserve and the assets granted by a decision issued by the Prime Minister on the basis of a joint proposal between the Minister of Finance and the Minister of State for the Environment. .

3. The ministry, other public bodies and environmental associations are exempted from the duties of their advertising that aims to preserve the environment and avoid its pollution or deterioration.

Rule 20

The existing facilities and activities prior to the promulgation of this law, which are not in accordance with the provisions of former law 50 for 2002, shall be given a period of six months from the date of the entry into force of this law to accommodate their conditions, for those who are not warning of the date of the ultimatum, and the minister may give the minister a grant. One additional time and for reasoned reasons .

Rule 21

1. The permanent staff of the General Environment Authority shall be transferred with their vacancies to the updated Ministry in their categories and fees and retain the rights set forth in article 1 of Legislative Decree 26 of 2009 and their qualified submission .

2. Temporary workers in the Public Authority for Environmental Affairs are considered to be factors in their positions and wages in the Ministry .

3. The ownership of property, building and other assets owned by the General Authority for Environmental Affairs is transferred to the Ministry .

4. The Ministry shall replace the General Authority for the Environment with its rights and obligations and obligations .

Rule 22

It applies to the employees of the ministry. Basic Law for Workers of the State 50 of 2004 And his modifications. .

Rule 23

The internal system of the Ministry is issued and its numerical owners are determined by the provisions of the laws in force .

Rule 24

The provisions contained in each of the following shall be terminated:

1. Legislative Decree 11, 21-81-1991 containing the creation of the Public Authority for the Environment .

2. Legislative Decree No. 16 of 4-8-1994, containing the establishment of the Scientific and Environmental Research Centre .

3. Act No. 50 of 8-7-2002 on environmental protection, as amended by Act No. 17 of 2004 .

4. Act No. 19 of 6-6-2004 containing the establishment of the Centre for Environmental Studies instead of the Centre for Scientific and Environmental Research .

Rule 25

The provisions and provisions that are inconsistent with the provisions of this Law shall be regarded as amended in accordance with its provisions .

Rule 26

This law is published in the Official Journal. .

Damascus 6/5/1433 A.H., 29/3/2012 .

President

Bashar al-Assad

mz












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