On The Protection Of Nature

Original Language Title: Об охране природы

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On nature protection (Gazette of the Mejlis of Turkmenistan, 2014, no. 1, art. 40) (with amendments made by Act No. 281 18.08.2015-V) the present law defines legal, economic and organizational foundations for the conservation of nature and is aimed at ensuring ecological security, prevention of the harmful effects of economic and other activity on ecological systems, the conservation of biological diversity and the sustainable use of natural resources.
 
Chapter i. General provisions article 1. The basic concepts used in this law are used in this law the following concepts: 1) natural objects − Earth, soil, subsoil, water, forest, flora and fauna, ecological systems, air, climate and the ozone layer of the Earth, providing in aggregate favourable conditions for the existence of life on Earth;
2) surrounding the totality of natural objects − Wednesday in their interaction;
3) biodiversity − the combination of plant, animals and other organisms that are specific to a certain territory;
4) ecological system − objectively existing and established part of the natural Wednesday, which has spatially-territorial boundaries and its living and non-living elements interact as a functional unit;
5) − functionally complex natural complex and naturally interconnected natural sites, geographical, environmental and other relevant signs;
6) natural landscape − territory that has not undergone a change as a result of economic and other activity and is characterized by a combination of certain types of terrain, soil, vegetation, formed into uniform climatic conditions;
7) − nature conservation authorities, local government bodies, public associations, legal entities and individuals, aimed at conserving and restoring natural Wednesday, sustainable use and restoration of natural resources, prevention of adverse effects of economic and other activity and eliminating its consequences Wednesday;
8) quality − environmental Wednesday Wednesday, which is characterized by physical, chemical, biological and other indicators and (or) their totality;
9) a favourable surrounding environment − Wednesday Wednesday, State of objects which provides ecological safety and public health, pollution prevention, sustainable functioning of ecological systems, reproduction and rational use of natural resources;
10) authorized government authority in the field of nature protection − the central body of State administration of Turkmenistan, which is carrying out the implementation of the State policy in the field of nature conservation and rational use of natural resources;
11) natural resources − natural components, natural sites Wednesday, used or capable of being used in the implementation of economic and other activities to meet the material, cultural and other needs of society;
12) management − the combination of processes involving in public consumption of natural resources with a view to generating wealth and services;
13) − exercising actual power over the legal or natural person engaged in the use of natural resources and (or) emissions and discharges of pollutants into the environment Wednesday;
14) use of natural resources − exploitation of natural resources, integrate them into the economic turnover, including all kinds of effects on them in the process of economic and other activities;
15) pollution − admission Wednesday Wednesday environmental pollutants, hazardous chemical and biological substances, radioactive materials, wastes, as well as the impact on surrounding Wednesday noise, vibration, magnetic fields, infrared radiation and other harmful physical effects;
16) contaminant − substance or mixture of substances, the quantity and (or) concentration exceeding established standards for chemicals, including radioactive waste, substances, and have a negative impact on the environment Wednesday;
17) environmental regulation of system rules, norms, containing quantitative and qualitative indicators for assessing environmental and Wednesday standards influence on it;
18) environmental impact assessment Wednesday − activity detection, tracking and analysis of direct, indirect and other environmental effects Wednesday of the proposed economic or other activity with a view to adopting a decision on the possibility or impossibility of its implementation;
19) waste − not suitable for the manufacture of certain products (raw materials) subject to recycling or placement, of which extracted useful properties;
20) production and consumption waste − remnants of raw materials, semi-finished products, other products or products that are formed in the process of production or consumption, as well as goods (products), have lost their consumer properties;
21) waste − waste generated as a result of human activity;
22) hazardous waste − waste, whose existence and (or) treatment which is a danger to life, health and the environment natural Wednesday;

23) State environmental monitoring Wednesday − integrated environmental monitoring system Wednesday, assessing and forecasting changes its State under the influence of natural and anthropogenic factors;
24) environmental control system of measures aimed at the prevention, detection and suppression of violations of the legislation of Turkmenistan in the area of environmental protection Wednesday, ensuring compliance with subjects of economic activity and environmental requirements;
25) environmental requirements-requirements for economic and other activity binding requirements, restrictions and/or bans established by normative legal acts of Turkmenistan in the field of environmental protection;
26) environmental auditing an independent evaluation of compliance subject − economic and other activity requirements of normative legal aktov Turkmenistan in the field of nature protection and the preparation of recommendations in the field of environmental activities;
27) environmental safety − the State of environmental protection Wednesday, the life and health of citizens from the adverse effects of economic and other activities, natural and human-caused emergencies;
28) − emissions into the atmosphere emissions harmful to human health and the environment Wednesday substances with exhaust gases, solid and pyleobraznymi particles and other kinds of wastes in environmental Wednesday as a result of human activity;
29) discharges − releases to surface and underground water bodies, topography wastewater containing pollutants and other židkoobraznye waste entering the environmental Wednesday as a result of human activity;
30) the climate system means the totality of the atmosphere, hydrosphere, biosphere and geosphere and their interactions.
 
Article 2. Legislation on nature protection 1. Nature protection legislation is based on the Constitution and consists of this law and other normative legal acts of Turkmenistan governing relations in the field of nature conservation.
2. If an international treaty to which Turkmenistan stipulates other rules than those stipulated by this law, the rules of the international treaty shall apply.
 
Article 3. The basic principles of environmental conservation is carried out based on the following basic principles: 1) ensure the right of everyone to a healthy environment, priority Wednesday protecting human life and health, favourable conditions for human life, the preservation and restoration of the environment Wednesday;
2) combination of environmental, economic and social interests of society to achieve sustainable development and a healthy environment Wednesday;
3) addressing issues of nature conservation and rational use of nature on a scientific basis;  
4) ensuring environmental security and rehabilitation of ecological systems;
5) ensuring biodiversity conservation and environmental objects Wednesday of particular ecological, scientific and cultural value;
6) the protection, reproduction and rational use of natural resources, with a view to ensuring a supportive environment Wednesday and environmental safety;
7) payments for the use of natural resources and caused environmental damages Wednesday;
8) separating the functions of nature management and conservation, independent environmental monitoring;
9) mandatory environmental impact assessment Wednesday when making decisions on the implementation of economic and other activities;
10) bound for the State ecological expertise of projects and other documentation in support of economic and other activities;
11) the participation of citizens, NGOs and local authorities in the implementation of activities in the field of environmental protection;
12) transparency in addressing environmental challenges, the right of citizens to obtain reliable information in the field of nature conservation and rational use of natural resources;
13) guaranteeing administrative or judicial order of the appeal decisions of public bodies;
14) Organization and development of the system of environmental education, nurturing environmental consciousness and the formation of ecological culture;
15) international cooperation in the field of nature conservation.
 
Article 4. Ownership of natural resources 1. All natural resources within the territory of Turkmenistan and the Turkmen sector of the Caspian Sea belong to public property.
Land can be peradana to private ownership under the conditions and in the manner determined by the legislation of Turkmenistan.
2. the terms and procedure for the provision, use and protection of natural resources shall be determined by the legislation of Turkmenistan.
 
Article 5. Objects of nature protection 1. Protection from destruction, degradation, depletion, damage, pollution, waste and other harmful effects are subject to land, soil, minerals, surface and underground water, forest, flora and fauna objects, ecological systems, air, climate and the ozone layer of the Earth.
2. Special protection of nature protection objects of special environmental, scientific, and cultural significance, as well as specially protected natural territory.
 
CHAPTER II. The State Management In The Area Of NATURE PROTECTION
 

Article 6. Competence of the Cabinet of Ministers of Turkmenistan in the field of nature protection of Turkmenistan: 1 Cabinet) approves the main directions of the strategy of State policy in the field of nature conservation and rational use of natural resources, determines the measures for its implementation;
2) approve state programs in the field of nature protection and nature management;
3) argues the list of objects of special environmental, scientific, and cultural significance, shall decide on the establishment of State natural reserves, State of biosphere reserves, national parks and other protected areas within its competence;
4) sets the licensing procedure in the field of nature protection and nature management and environmental auditing;
5) coordinates the activities of ministries and other central bodies of State administration on international cooperation in the field of environmental protection;
6) solves other questions falling within its competence, in accordance with this law and other normative legal acts of Turkmenistan.
 
Article 7. Competence of the authorized body of State administration in the field of nature protection Authorized Government authority in the field of nature protection: 1) carries out the State management in the area of nature protection of Turkmenistan;
2) develops proposals for the formation of a unified State policy in the field of nature conservation and rational use of natural resources in Turkmenistan and ensures its implementation;
3) prepare and submit to the Cabinet of Ministers of Turkmenistan proposals on matters of nature conservation and rational use of natural resources for incorporation in the draft forecasts and programmes for socio-economic development of Turkmenistan;
4) provides for the development and implementation of government programmes and other policy documents in the field of nature conservation and rational use of natural resources, as well as coordinates local programs and action plans for the conservation of nature;
5) drafts of laws and other regulatory legal acts of Turkmenistan on nature protection and rational use of natural resources;
6) coordinates the activity of State bodies, enterprises, institutions and organizations irrespective of their form of ownership, in the area of nature conservation and rational use of natural resources;
7) carries out the State control over observance of the legislation of Turkmenistan in the field of nature protection and management legal entities and physical persons;
8) carries out the State control over protection of ecological systems, pollution prevention and control the land, surface and groundwater, marine Wednesday in the Turkmen sector of the Caspian Sea and its coastal zone, use of natural resources;
9) carries out the State control over protection and the prevention of air pollution, ozone layer depletion and decreased greenhouse gas emissions;
10) carries out State control for protection, reproduction and rational use of flora and fauna, as well as compliance with regulatory legal acts of Turkmenistan for the protection of rare and endangered species of plants and animals listed in the Red data book of Turkmenistan;
11) carries out State monitoring, protection and enforcement of forest fund, for use, reproduction of forests, afforestation, and also for especially protected natural territories and objects;
12) establishes the order of reference and arrange for the keeping of State monitoring Wednesday's environmental and natural resources, coordinates this activity;
13) carries out accounting and assessment of natural resources leads state forest cadastre, inventories of objects of flora and fauna, protected areas, as well as with other relevant bodies of the public administration takes part in the development of national inventories of land and water resources, soil, air, and other greenhouse gas inventories in accordance with the legislation of Turkmenistan;
14) participates in the prescribed manner to the development of national standards in the field of environmental protection;
15) develops and maintains reasonable prudential regulations for use of natural resources, emissions (discharges) of pollutants into the environment Wednesday and for the disposal of waste within established limits and beyond established limits, as well as for calculating fines for environmental damage caused Wednesday by legal and natural persons as a result of the implementation of their economic and other activity either as a result of the violation of the legislation of Turkmenistan in the field of environmental protection;
16) provides scientific research in the field of nature conservation and rational use of natural resources;
17) monitors the compliance with the environmental legislation of Turkmenistan, as well as procedural guidance for environmental impact assessment Wednesday;
18) leads State ecological expertise pre-project and project documentation for construction and reconstruction of production, commercial and residential facilities;

19) engages in public and working commissions on acceptance of new and modernized production facilities, commercial and residential facilities;
20) produces, suspends and cancels the license in accordance with the established procedure in respect of the use of natural resources and environment protection Wednesday, developing environmental documentation in accordance with the legislation of Turkmenistan on licensing of separate types of activity;
21) takes the decision on the compulsory environmental auditing;
22) prepares and submits documents in accordance with the legislation of Turkmenistan for a decision on suspension, termination of activities of legal or natural persons or realigning environmentally harmful objects and facilities in cases where they are a danger to life and health of the population and the surrounding natural Wednesday;
23) determines the quota for the use of the objects of flora and fauna, including species listed in the Red data book of Turkmenistan;
24) defines the order and gives permission for the import and export of objects of flora and fauna, including species of plants and animals were classified in the category of rare and endangered species in the order established by the legislation of Turkmenistan, as well as species whose trade or their protection is governed by the international treaties, whereto the Turkmenistan;
25) supervises subordinate of especially protected natural territories, ensures the implementation of measures for their protection and rehabilitation, as well as guidance to research, prepare and submit to the Cabinet of Ministers of Turkmenistan proposals on the establishment of protected areas;
26) gives a one-time permission to import and export of ozone-depleting substances and (or) products containing ozone-depleting and other substances regulated in accordance with the law and international treaties to which Turkmenistan is a party;
27) defines objects and hunting place, set a time-frame for hunting season, determines and displays quotas in accordance with the established procedure permits hunting animals;
28) to consider cases on administrative offences in the area of nature protection in the order established by the legislation of Turkmenistan;
29) provides the Organization of propaganda nature protection, ecological education and education of citizens;
30) participates in international cooperation in the field of nature conservation, coordinating the activities of ministries and other central bodies of public administration to implement the commitments of Turkmenistan deriving from international environmental treaties;
31) solves other questions falling within its competence, in accordance with this law and other normative legal acts of Turkmenistan.
 
Article 8. The competence of the local authorities and local self-government bodies in the field of nature protection 1. Local executive bodies: 1) contribute to the implementation of State programs for the conservation of nature and natural resources management;
2), adopt measures for the rational use, protection of lands, subsoil, waters, forests, air, flora and fauna, and other natural resources of the territory and to exercise control in this area in accordance with the legislation of Turkmenistan;
3) in consultation with the territorial authorities in the field of nature conservation were preparing draft decisions on suspension of activities of enterprises, institutions, organizations, representing a threat to public health and the environment and to the violation of Wednesday the environmental protection legislation of Turkmenistan;
4) in the prescribed manner requesting reports of Heads of local self-government bodies, enterprises and organizations on the State of the environment and management Wednesday on a certain territory;
5) provide proper sanitary condition to FISDL, timely removal and disposal of industrial and domestic waste, without their ignition;
6) in agreement with the authorized body of State administration in the field of nature conservation and other specially authorized State bodies, in accordance with the requirements of sanitary norms and regulations lay down the procedure and conditions for the collection, use, neutralization, transportation, storage and disposal of industrial and domestic waste;
7) coordinate location in accordance with the established procedure special hosting sites, recycling and disposal of industrial and domestic waste;
8) submit proposals to the competent body of State administration in the field of nature conservation for the protection of the objects of nature of special environmental, scientific, and cultural significance, and the Organization of specially protected natural territories;
9) facilitate the holding of a public environmental appraisal;
10) contribute to the activity of public associations in the field of environmental protection;
11) participate in the implementation of environmental education and promotion of knowledge in the field of environmental protection;
12) decide any other matters falling within their competence, in accordance with this law and other normative legal acts of Turkmenistan.
2. Local self-administration bodies:

1) organize activities for nature protection and rational use of natural resources on their territories;
2) organize and conduct work on landscaping and greening in their territories, take measures for the care of the verdure;
3) provide timely removal and disposal of industrial and domestic waste on their territories without their ignition;
4) ensure public participation in addressing local environmental values within the terms established by the legislation of Turkmenistan;
5) decide any other matters falling within their competence, in accordance with this law and other normative legal acts of Turkmenistan.
 
CHAPTER III. The rights and duties of citizens and public associations in the field of nature protection Article 9. The rights and duties of citizens in the field of nature protection 1. Turkmen citizens, foreign citizens and stateless persons have the right to a favourable environment Wednesday, its protection from the negative effects caused by economic and other activities.
2. citizens have the right to: 1) use natural resources in accordance with the established procedure, to participate in activities for the protection of nature and environmental recovery Wednesday;
2) to form voluntary associations operating in the field of environmental protection;
3) appeal to the public authorities and organisations with complaints, applications and proposals on matters relating to the environment Wednesday, as well as in the judiciary to ensure the protection of the environmental rights which have been violated;
4) to receive complete and reliable information on the State of the environment in their places of residence Wednesday;
5) to participate in meetings, rallies and demonstrations, referendums on environmental protection;
6) make proposals on holding public environmental assessments and participate in its undertaking in the manner prescribed by the legislation of Turkmenistan;
7) require cancellation of administrative or judicial decisions concerning the siting, construction, reconstruction and commissioning of industrial enterprises, construction and other environmentally harmful objects, as well as on the restriction, suspension and termination of economic and other activities of legal entities and physical persons, which has a negative impact on the environment and human health, Wednesday;
8) raise questions about bringing the perpetrators to justice officials, citizens and legal persons, to bring a court action for damages caused to their health and property due to violation of environmental legislation of Turkmenistan;
9) to exercise other rights stipulated by the legislation of Turkmenistan.
3. Citizens are obliged to: 1) preserve nature, respect the environment and natural resources Wednesday;
2) comply with the requirements of environmental legislation of Turkmenistan;
3) perform other duties provided for by the legislation of Turkmenistan.
 
Article 10. Rights and duties of public associations in the field of nature protection 1. Public associations in the implementation of its activities in the field of nature protection have the right to: 1) develop and promote their programs in the field of nature conservation, protect the rights and legitimate interests of citizens in the field of nature conservation, involve them in the implementation of environmental activities;
2) to assist public authorities and organizations in addressing issues in the area of environmental protection;
3) to participate in activities for the protection of nature, natural resource management, protection of nature, of special environmental, scientific, and cultural significance of organization and activity of specially protected natural territories;
4) in accordance with the legislation of Turkmenistan to introduce proposals for referendums on issues of conservation and the discussion of environmental projects Wednesday;
5) apply to the State bodies and organizations, to officials about getting timely, complete and reliable information on the State of the environment Wednesday, measures for its protection and improvement;
6) participate in a prescribed manner in decision-making on issues related to the conservation and management of natural resources;
7) appeal to the State authorities and organizations with statements and proposals on matters relating to the protection of nature, and receive timely responses;
8) hold public hearings in accordance with the established procedure for the design, placement of objects of economic and other activities that may harm the environment Wednesday and (or) human health;
9) take part in organizing and holding in the prescribed manner of public ecological expertise;
10) serve in State bodies and organizations, as well as in the Court of appeals for the annulment of decisions concerning the design, siting, construction, reconstruction, maintenance of economic and other activities which may have a negative impact on the environment Wednesday, on the limitation, suspension and cessation of economic and other activities affecting the environment Wednesday;

11) exercise public control in the field of nature protection, create public nature protection Inspectorate, in accordance with the established procedure to participate in the deliberations of the public administrations in the field of nature protection checks run by legal persons plan for the conservation of nature, events, request information about conducting such inspections by authorized bodies;
12) at the expense of its own funds and voluntary labour participation to carry out environmental protection work on Wednesday and reproduction of natural resources;
13) create public funds to protect nature and spend their funds for environmental activities;  
14) to exercise other rights stipulated by the legislation of Turkmenistan.
2. public associations in the implementation of activities in the field of nature protection are required to comply with the requirements of environmental legislation of Turkmenistan.
 
CHAPTER IV. ECONOMIC REGULATION in the field of nature protection, article 11. Economic measures in the field of nature protection 1. The economic measures in the field of nature protection are: 1) the planning and financing of measures for the conservation of nature;
2) limits on the use of natural resources, emissions and discharges of pollutants into the environment Wednesday and the disposal of waste;
3) charging for the use of natural resources, for discharges and emissions into the environment Wednesday, waste disposal, other kinds of harmful environmental impact Wednesday;
4) applying penalties for administrative offences in the area of environmental protection;
5) economic evaluation and reparation of environmental pollution Wednesday;
6) ecological insurance;
7) economic incentives for conservation activities.
2. the laws of Turkmenistan may establish other economic measures in the field of nature conservation.
 
Article 12. Planning and funding for wildlife management 1. Conservation activities are taken into account in the forecasts and programmes in the field of nature conservation and rational use of natural resources and are included in the State program for social and economic development of Turkmenistan.
Procedure for development programmes in the field of nature conservation and rational use of natural resources is determined by the legislation of Turkmenistan.
2. Funding for programmes and activities for the protection of nature is made due to: 1) to the State budget of Turkmenistan;
2) funds received in the form of fees for the use of natural resources, emissions and discharges of pollutants into the environment Wednesday, waste disposal, other kinds of harmful environmental impact Wednesday;
3) funds received as compensation for environmental pollution damage Wednesday;
4) funds received from compulsory ecological insurance;
5) own resources-resource users;
6) voluntary contributions and donations from legal entities and individuals;
7) other means not prohibited legislation of Turkmenistan.
 
Article 13. Limits on the use of natural resources, emissions and discharges of pollutants into the environment Wednesday, waste disposal of production and consumption 1. Limits on the use of natural resources, emissions and discharges of pollutants into the environment Wednesday, wastes of production and consumption are the system of environmental constraints and represent a set volume limit (withdrawal) use of natural resources, emissions and discharges of pollutants into the environment Wednesday, and waste disposal of production and consumption.
2. Limits on use of natural resources, emissions and discharges of pollutants into the environment Wednesday, wastes of production and consumption are established by normative legal acts of Turkmenistan.
 
Article 14. The fee for the use of natural resources, emissions and discharges of pollutants into the environment Wednesday 1. The fee charged for the use of natural resources: 1) for the right to use natural resources within fixed limits;
2) for use over the limits of natural resources.
2. environmental pollution charges Wednesday and other kinds of harmful influence on it charged: 1) for emissions, discharges of pollutants, waste disposal and other types of pollution within fixed limits;
2) for emissions, discharges of pollutants, waste disposal and other kinds of pollution in excess of established limits.
3. Calculation and application rates of charges for the use of natural resources is determined by the authorized State body in the field of nature conservation. Standards Board Wednesday for environmental pollution and the use of natural resources are subject to indexing by extent of price change in Turkmenistan.
4. Payment for the use of natural resources does not relieve resource users from performing actions on nature protection, payment of fines for breach of environmental legislation of Turkmenistan and the damages caused pollution Wednesday.
 
Article 15. Economic incentives for conservation and Management Measures of economic incentives for conservation activities and environmental management are being carried out in the manner determined by the legislation of Turkmenistan.
 
Article 16. Environmental insurance
 

1. In Turkmenistan is compulsory State ecological insurance of legal entities and natural persons engaged in environmentally hazardous economic and other activity.
2. the procedure and conditions of compulsory ecological insurance shall be established by the legislation of Turkmenistan.
3. legal and natural persons may enter into a contract in the way of voluntary environmental insurance in implementing environmental activities not contemplated in the first paragraph of this article.
 
Chapter v. ENVIRONMENTAL REGULATION of Article 17. The basic requirements for environmental regulation 1. Environmental regulation is carried out in order to establish scientifically based maximum allowable environmental impact Wednesday, guaranteeing the preservation of a favourable environment and environmental security Wednesday.
2. Environmental Regulation is to establish norms of maximum permissible environmental Wednesday in carrying out economic and other activities, standards and other regulations in the field of nature conservation.
3. Environmental regulations are required to comply with all legal and natural persons carrying out economic activity and other activities.
4. Environmental Regulation in the field of nature protection is carried out by the authorized body of State administration in the field of nature conservation in accordance with the legislation of Turkmenistan.
 
Article 18. Standards of maximum permissible environmental Wednesday 1. In order to protect public health, to prevent the harmful effects of economic and other activity Wednesday for legal entities and individuals-natural resources establishes norms of maximum permissible environmental impact Wednesday.
2. Standards of maximum permissible environmental Wednesday are set for each source of exposure on the basis of the regulations valid anthropogenic load and taking into account the effects of other environmental sources Wednesday.
3. For exceeding established norms of maximum permissible environmental Wednesday legal and physical persons − subjects of economic and other activity depending on the environmental damage Wednesday caused bear responsibility in the manner prescribed by the legislation of Turkmenistan.
 
Article 19. Standards of maximum permissible emissions and discharges of pollutants into the environment Wednesday Norms of maximum permissible emissions and discharges of pollutants into the environment Wednesday are set according to their total income from each source of pollution of all objects without exception, the inventory of emissions and discharges of harmful substances on each source of pollution, the existing norms of maximum permissible concentration of harmful substances in the environment Wednesday and her background pollution.
 
Article 20. Standards of maximum permissible noise levels, vibration, magnetic fields, infrared radiation and other harmful physical effects 1. Standards of maximum permissible noise levels, vibration, magnetic fields, infrared radiation and other harmful physical effects are set at a level that ensures the preservation of public health and environmental protection Wednesday.
2. Standards of maximum permissible noise levels, vibration, magnetic fields, infrared radiation and other harmful physical effects are developed and approved a specially authorized State bodies of Turkmenistan.
 
Article 21. Standards of maximum permissible radiation exposure level 1. Standards of maximum acceptable level of radiation impact on the Wednesday and food, the maximum allowable level of radiation exposure are set in terms of risk to human health and liveable environment Wednesday.
2. Standards of maximum permissible radiation exposure level developed and approved by specially authorized State bodies of Turkmenistan.
 
Article 22. Permissible limit use of agro-chemicals in agriculture and forestry to health, preservation of human genetic resources, the protection of fauna and flora establishes maximum permissible norms of mineral fertilizers, plant protection products, growth stimulants and other agro-chemicals in agriculture and forestry in doses to ensure respect for the norms of maximum permissible residual amounts of chemicals in foods, soils and waters.
 
Article 23. Standards of natural components 1 Wednesday seizures. Standards of natural components Wednesday seizures shall be determined in accordance with the restrictions on volume of their exemptions in order to maintain the natural objects, sustainability of ecological systems and prevent their degradation.

2. exemption standards of natural components and their order Wednesday setting determined by the legislation of Turkmenistan on subsoil, the animal and plant world, land, water, forest legislation and other legislative acts of Turkmenistan in the area of nature conservation and rational use of natural resources. The data standards are established in accordance with the requirements in the field of nature conservation, protection and reproduction of certain types of natural resources established by this law and other normative legal acts of Turkmenistan in the field of nature conservation.
 
Article 24. National standards in the field of nature protection 1. State environmental standards are imposed on goods, works and services, restrictions on economic and other activities which may result in a threat to environmental safety, life and health of the population, reproduction and environmental management, in order to prevent its negative impact on the Wednesday.
2. In State standards for new equipment, technology, materials, substances and other products, industrial processes, storage, transportation, use of such products, including after moving it in waste production and consumption should take into account the requirements, rules and regulations in the field of nature conservation.
3. Turkmenistan national standards and technical regulations in the field of nature protection are developed and approved in accordance with the legislation of Turkmenistan.
 
Article 25. Environmental certification 1. Environmental certification is carried out in order to ensure the safety of products and implementation of economic and other activity on the territory of Turkmenistan for the safety of life and health of the population and the environment Wednesday.
2. the exercise of economic activities and production of products subject to mandatory environmental certification, without the certificate of conformity shall be prohibited.
3. environmental certification is carried out in the manner prescribed by the legislation of Turkmenistan.
 
CHAPTER VI. ENVIRONMENTAL IMPACT ASSESSMENT and environmental impact assessment Article 26. Environmental assessment 1. Environmental impact assessment is carried out in order to establish the conformity of the proposed economic or other activity requirements in the field of nature protection and preventing possible adverse impacts of this activity on the environment Wednesday and related consequences.
2. the procedure for environmental impact assessment establishes normative legal acts of Turkmenistan.
 
Article 27. State ecological expertise 1. State ecological expertise is carried out by the authorized body of State administration in the field of nature protection within the scope of competence defined by Turkmen law on ecological expertise.
2. the implementation of the project subject to the environmental assessment, without positive conclusion of the State environmental appraisal is prohibited and is not subject to financing.
3. the list of projects and facilities subject to mandatory State ecological expertise, the order of its realization are defined by the normative legal acts of Turkmenistan.
 
Article 28. Public ecological expertise of public ecological examination is carried out by independent teams of specialists at the initiative of the public associations at the expense of their own funds or on a voluntary basis.
 
Article 29. Environmental impact assessment 1 Wednesday. Environmental impact assessment is carried out Wednesday against proposed economic and other activities which may have a direct or indirect impact on the environment Wednesday regardless of organizational-legal forms of ownership of economic entities and other activities.
2. Environmental impact assessment is carried out Wednesday in all alternatives, including pre-project pre-investment and project documentation justifying the planned economic activity and other activities.
3. Requirements for environmental impact assessment Wednesday installed by an authorized body of State administration in the field of nature conservation.
 
CHAPTER VII. Environmental requirements for economic and other activity Article 30. General environmental requirements for the activities of legal entities and natural persons carrying out economic activity and other activities 1. Legal and natural persons carrying out economic activity and other activity on the territory of Turkmenistan shall: 1) provide measures for nature protection by developing and adopting environmental plans Wednesday;
2) develop ecological passports, represent complex data, expressed through a system of indicators that reflect the level of use of natural resources and the degree of their impact on the Wednesday.
2. Ecological passports approved by legal or natural persons, in agreement with the authorized body of State administration in the field of nature conservation.
 
Article 31. Environmental requirements, designing, construction, reconstruction, commissioning, operation and liquidation of buildings, structures and other objects
 

1. the location, design, construction, reconstruction, commissioning, maintenance, preservation and disposition of buildings, structures and other objects that have a direct or indirect negative environmental effects on Wednesday, carried out in accordance with the requirements in the field of nature conservation. This should include environmental protection measures Wednesday, restoring natural Wednesday, rational use and reproduction of natural resources, ensuring environmental security.
2. When placing buildings, structures and other objects must be ensured compliance with the requirements in the field of nature protection, environmental management, reproduction, taking into account the environmental impact of specified objects.
3. When designing buildings, structures and other objects must take into account the regulations permitted the anthropogenic burden on the environment Wednesday, include interventions to prevent and eliminate pollution Wednesday, as well as waste disposal methods of production and consumption, energy saving, waste, apply waste and other best existing technologies that contribute to the protection of nature and its restoration, management and regeneration of natural resources.
4. Construction and reconstruction of buildings, structures and other objects should be carried out on approved projects, consistent with the State ecological expertise, in compliance with the requirements in the field of nature conservation.
When doing construction work measures on land reclamation, environmental management and regeneration, land improvement and environmental protection Wednesday.
5. commissioning of buildings, structures and other objects is subject to the full scope of environmental actions foreseen in the project documentation.
6. Legal and natural persons involved in the commissioning of buildings, structures and other objects, are obliged to: 1) comply with the approved technology and requirements in the field of nature protection, natural recovery Wednesday, environmental management;
2) ensure compliance with the environmental quality standards Wednesday through the application of technical means and technologies of clearance and safe disposal of production and consumption, disposal of emissions and discharges of pollutants, as well as other best existing technologies to implement the requirements in the field of environmental protection;
3) to carry out activities to restore natural Wednesday, land reclamation, land improvement, in accordance with the requirements of the normative legal acts of Turkmenistan.
7. Elimination of buildings, structures and other objects is carried out in accordance with the environmental legislation of Turkmenistan and in the presence of the approved project documentation in accordance with the established procedure.
In case of liquidation of buildings, structures and other objects should be designed and implemented to rehabilitate natural Wednesday, including reproduction of natural components Wednesday, in order to ensure a supportive environment Wednesday.
 
Article 32. Environmental requirements for the operation of industry, energy, transport and communications, agriculture and water management facilities management industry, energy, transport and communications, agriculture and water management should be carried out taking into account the prescribed environmental requirements and using environmentally sound technologies, necessary treatment facilities and the establishment of sanitary protection zones that exclude pollution Wednesday. During the operation of specified objects must be implemented waste and waste technologies and production, equipped with effective means for cleaning, treatment and disposal of hazardous waste, emissions and discharges of pollutants, use safe fuels sparingly and rationally use natural resources, take measures to ensure environmental safety.
 
Article 33. Environmental requirements in the construction of cities and other settlements 1. Designing, construction, reconstruction of cities and towns must provide the most favorable conditions for life, work and leisure of the population taking into account requirements of ecological safety and preservation of the environment Wednesday.
2. in the planning and development of cities and other settlements must be provided and carried out sanitary cleaning, decontamination, disposal, storage and safe disposal, recycling and waste disposal. Around the cities and industrial centres should be set up, green, and green zones with limited environmental management regime.
 
Article 34. Environmental requirements in the use of chemicals 1. Legal and natural persons are obliged to observe the environmental requirements during the production, storage, transportation, use, disposal and dumping of chemicals, comply with established standards for their use, to take measures to prevent and eliminate harmful effects of their use on the environment Wednesday, and also at exceeding established standards to immediately inform the appropriate authorities in the field of chemical safety.

2. it is prohibited to import into Turkmenistan for storage or disposal of chemical wastes and materials from other States.
Violation of the environmental requirements when handling chemicals, threatening environmental pollution Wednesday, entails the prohibition of the production, storage, transportation, use, neutralization and disposal of these substances.
 
Article 35. Nature protection from the harmful effects of noise, vibration, magnetic fields, infrared radiation and other harmful physical effects 1. Legal entities and individuals are required to take the necessary effective measures to prevent and eliminate the harmful effects of noise, vibration, the harmful effects of magnetic fields, infrared radiation and other harmful physical effects on environmental Wednesday in the industrial, public and residential buildings, streets, courtyards, squares of cities and other settlements, recreation areas population and habitats of wild animals.
2. in planning and development of cities and other settlements, the design, construction, renovation and operation of manufacturing or other objects, creating and mastering new technology, vehicles and means of communication should take into account the norms of maximum permissible noise levels, vibration, magnetic fields, infrared radiation and other harmful physical effects.


 



Article 36. Nature protection from the harmful biological effects

 
Legal and natural persons having, or likely to exert biological effects environmental Wednesday, are obliged to ensure cleaner production (creation), storage (content), acclimatization and reakklimatizaciû, transportation, use and disposal of biological species of microorganisms, animals, plants and substances to develop and implement measures to prevent accidents and disasters, prevention and elimination of the consequences of harmful biological effects on nature and human health, preservation of the natural gene pool and ecological systems.
 
Article 37. Environmental requirements for waste management 1. Legal entities and individuals are required to take the necessary effective measures to decrease the formation, use, disposal, processing, storage and disposal of production and consumption.
2. Warehousing, destruction and disposal of waste are produced in places defined by the decisions of local authorities and local self-government, in agreement with public authorities.
Prohibits the dumping of waste and untreated sewage into surface and underground water bodies, water fund lands, on the territory of the residential areas, forests, farmland and other natural objects.
Prohibits dumping of construction waste directly on the site of an object under construction and on the adjacent territory.
3. it is prohibited to export and import of hazardous wastes.
Neutralization of hazardous waste incinerators, their burial and storage at the test sites are produced with the permission of the authorized body of State administration in the field of nature conservation and other public authorities.
Hazardous wastes landfill is prohibited on the territory near the cities and other settlements, irrigated lands, waters, including in the waters of the Turkmen sector of the Caspian Sea, and on the lands of water fund, Spa, therapeutic, recreational areas and other places where can be created a danger to public health and environmental status Wednesday.
4. hazardous wastes landfill permit issued to specially authorized State bodies in accordance with the procedure set by the Cabinet of Ministers of Turkmenistan.
5. Failure to comply with the requirements established by this clause entails penalties, suspension or termination of the activities of legal entities and individuals associated with the formation of wastes, on the decisions of public authorities within the limits of their competence.
6. Environmental requirements when handling wastes shall be determined in accordance with this law and other normative legal acts of Turkmenistan.
 
Article 38. Environmental requirements in the implementation of economic and other activity in the Turkmen sector of the Caspian Sea 1. Legal and natural persons carrying out economic activity and other activities in the Turkmen sector of the Caspian Sea, are obliged to take all necessary measures to protect the marine Wednesday of the Caspian Sea and its coastal zone pollution of marine and land-based sources to achieve and maintain environmentally sound marine Wednesday of the Caspian Sea. This should provide for mandatory activities for the protection of the marine Wednesday of the Caspian Sea, its restoration, conservation, restoration and sustainable use of its biological resources, ensuring environmental security.
2. Violation of the requirements for the protection of the marine Wednesday of the Caspian Sea from pollution from marine and terrestrial sources entails a suspension or termination in full economic and other activity in accordance with this law and other normative legal acts of Turkmenistan.

3. The public authorities are obliged to take necessary measures to protect, preserve and restore the viability and integrity of the biological diversity and ecological systems of the Caspian Sea, as well as for the sustainable and rational use of biological resources. To this end, they shall carry out environmental monitoring of State Wednesday and the biological diversity of the Caspian Sea, control the sources of pollution and any activities which have or are likely to have adverse effects on ecological systems and biodiversity of the Caspian Sea.
4. Oil and gas companies in all kinds of petroleum operations in the Caspian Sea are responsible for protecting the life and health of workers at sea, alerting State authorities about cases of oil spills, the adoption of measures for the prevention and elimination of oil spills, the timely cleanup and compensation of environmental damage Wednesday and the general public.
The public authorities exercise control over the activities of legal entities and physical persons, to fulfil the requirements and activities for the prevention of oil spills in the Caspian Sea in accordance with the legislation of Turkmenistan.  
Public authorities shall take all necessary measures to prevent and eliminate the consequences of the incident, caused by the oil spill in the Turkmen sector of the Caspian Sea, in accordance with the legislation of Turkmenistan.  
5. When conducting all kinds of petroleum operations performed on the terms of production sharing contracts, environmental requirements are provided for in accordance with the legislation of Turkmenistan.
 
CHAPTER VIII. PROTECTION of mineral resources, land and water resources Article 39. Subsoil protection 1. Under the protection of the subsoil is understood scientifically based rational and careful use of minerals, as complete, technically accessible and cost-effective extraction, waste disposal, liquidation of the damage caused to the natural landscape.
2. the main activities on the protection of the subsoil based on resursosbereženii: loss prevention during extraction, transportation, mineral resources in their enrichment and reprocessing facilities, use of the finished product.
The basic requirements for the protection of the subsoil are: 1) the conduct of the State ecological examination;
2) State registration of mineral reserves, as well as subsoil areas used for purposes not related to the extraction of mineral resources;
3) protection of mineral deposits from flooding, flooding, fires and other factors that reduce the quality of minerals and industrial value of deposits or complicating their development;
4) prevention of pollution of the subsoil in conducting the work associated with the use of mineral resources, especially when underground storage of oil, gas or other substances and materials, and disposal of hazardous substances and waste, dumping sewage; 
5) other measures to ensure protection of the subsoil, stipulated by normative legal acts of Turkmenistan.
3. in case of violation of the requirements of paragraph 2 of this article the right of subsoil use may be restricted, suspended or terminated by authorized State bodies in accordance with the legislation of Turkmenistan. 
 
Article 40. Land resource protection 1. Land resource protection includes a system of legal, organizational, economic and other measures aimed at protecting land from pollution, their rational use, prevention of unreasonable seizures of land from agricultural and forest turnover, as well as on the restoration and improvement of soil fertility.
2. the goals and objectives of the protection of lands are: 1) the prevention of degradation and land violations and other adverse effects of economic and other activity by stimulating environmentally sound production technologies and spending lesomeliorativnyh, reclamation and other events;
2) ensure the improvement and restoration of degraded lands or violation;
3) introduction of environmental regulations for the optimal use of land.
3. Legal and natural persons are obliged to undertake activities aimed at: 1) protecting land from depletion and desertification, water and wind erosion, landslides, flooding, waterlogging, salinization, drying, compaction, pollution, waste production and consumption, chemical, biological, radioactive and other harmful substances, from other processes of destruction;
2) protection from contamination of agricultural land quarantine pests and plant diseases from overgrowing weeds, bushes and low trees, from other forms of land degradation;
3) reclamation of disturbed lands, restore their fertility and other useful properties of the Earth and timely involvement of it in economic turnover;
4) removal, conservation and use of fertile layer of soil in conducting the work associated with the violation of the land.

4. When hosting, designing and commissioning of new and renovated buildings, structures, and other objects when implementing new techniques and technologies, with negative impact on land should be set and implemented measures to protect lands, there should be compliance with environmental and other special requirements in accordance with the legislation of Turkmenistan.
 
Article 41. Protection of water resources 1. Water bodies are protected from: 1) of natural and anthropogenic pollution by harmful and hazardous toxic substances and their compounds, radiation and other pollution;
2) clogged solid waste production, domestic or other origin;
3) depletion.
2. Water bodies are protected to prevent: 1) violation of the environmental sustainability of natural systems;
2) causing harm to the life and health of the population;
3) reduction of fish resources and other water animals;
4) deteriorating conditions;
5) reducing ability of water bodies to the natural reproduction and purification;
6) deterioration in the hydrological and hydrogeological regime of water objects;
7) other adverse phenomena that adversely affect the physical, chemical and biological properties of water bodies.
3. Protection of water resources is done by: 1) presentation of the General requirements for the protection of water objects to all users engaged in any kind of enjoyment;
2) presentation of the special requirements of certain economic activities;
3) development and application of water control measures with the introduction of new technology and ecologically safe technologies of epidemiologically;
4) establishment of water protection zones of water objects of shelterbelts, zones of sanitary protection of drinking water sources;
5) of State and other forms of control over the use and protection of water objects;
6) applying measures of responsibility for failure to comply with the requirements for protection of water objects.
4. Legal and physical entities whose activities affect the State of water objects, are obliged to respect environmental requirements established by the legislation of Turkmenistan, and organizational, technological, agrotechnical, lesomeliorativnye, hydrotechnical, sanitary-epidemiological and other activities that protect water bodies from pollution, contamination and depletion.
 
CHAPTER IX. Protection of forests, flora and fauna. ESPECIALLY PROTECTED NATURAL territories and objects Article 42. Forest protection 1. In a forest, regardless of their category are subject to the protection and management of forest management as habitats of plants and animals as an important part of geographical Wednesday with water, vodoreguliruûŝee, soil, climatic, recreational, cultural and aesthetic value.
2. Legal and natural persons residing in the territory of the forest fund to carry out forest management activities aimed at preventing forest fires and enforce the rules of fire safety and sanitation, protecting forests from illegal cutting, damage and other violations of forest legislation of Turkmenistan, protection of forest land, as well as other activities that protect forests, reproduction, forest management and afforestation.
 
Article 43. Protection of the vegetal world 1. Protection of the vegetal world aims to preserve objects of flora, their strength, resources and productivity, preventing their damage, destruction, or other negative impact on them. 
2. protection of flora is carried out on the basis of legal, organizational, economic and other measures aimed at the rational use, reproduction, increased productivity and sustainability of the facilities of the plant world. 
3. Legal and natural persons that use objects of flora, are obliged to protect wild plants growing Wednesday and their communities, management of territory occupied by the natural vegetation communities, punish violations of legislation on rational use and reproduction of fauna objects and other activities in accordance with the legislation of Turkmenistan. 
 
Article 44. Fauna protection 1. Protection of animal world is aimed at maintaining or restoring biodiversity and ensure sustainable livelihoods, as well as to create conditions for the rational use and reproduction of subjects of the animal world, living under conditions of natural liberty.
2. protection of wildlife is carried out on the basis of legal, organizational, economic and other measures aimed at the rational use and reproduction of fauna and the sustainable existence of the animal world. 
3. Natural and legal persons using animal world objects must: 1) comply with the legislation of Turkmenistan on the animal world;
2) use of fauna in ways not subject to violation of the integrity of natural communities and wildlife habitats Wednesday peace and ensure the security of the population and the surrounding natural Wednesday;
3) perform all other claims on the protection, restoration and sustainable use of wildlife, stipulated by the legislation of Turkmenistan.
 

Article 45. Protected natural areas and objects which are subject to special protection 1. Special protection shall be the territory, natural ecosystems and individual objects of special environmental, scientific, cultural, educational, recreational and curative, aesthetic value, with the purpose of preservation and restoration of the ecological balance, the richness and diversity of natural resources and useful properties of natural Wednesday.
2. Specially protected natural territories and objects include State nature reserves, State biosphere reserves, national parks, State natural reserves, State nature memorials, natural areas sanative purposes, public botanical gardens, State Zoological Parks.
3. Special protection of rare and endangered species of animals and plants listed in the Red data book of Turkmenistan.
Red data book of Turkmenistan is carried out by the authorized body of State administration in the field of nature protection and the Academy of Sciences of Turkmenistan on the basis of a systematic updating of data on the prevalence and abundance of rare and endangered species of animals and plants.
List of animals and plants listed in the Red data book of Turkmenistan, the order in which they are making exceptions to it are approved by the Cabinet of Ministers of Turkmenistan.
4. The legislation of Turkmenistan may provide for other categories and types of specially protected natural territories and objects (wetlands of international importance; key ornithological territory; unique natural water bodies or their plots and others).
5. Special protection are also subject to water and coastal water protection strips of water objects, water objects, protected areas and other areas in the order determined by the legislation of Turkmenistan.
6. procedure for establishment, operation and protection of specially protected natural territories and objects are determined by the legislation of Turkmenistan on specially protected natural territories.
 
Chapter x. PROTECTION of ATMOSPHERIC air, climate and the OZONE LAYER Article 46. Protection of ambient air 1. Protection of atmospheric air is ensured by preventing, reducing and ending the influence of harmful chemical, biological, radiological, physical and other influences, as well as greenhouse gases on the atmosphere.
2. Legal entities and physical persons, whose activity is connected with the emission of pollutants and harmful physical effects on atmospheric air shall: 1) comply with the requirements of the legislation of Turkmenistan on the protection of atmospheric air;
2) ensure effective work structures and equipment to reduce harmful emissions and harmful physical impacts on atmospheric air and monitor them;
3) accounting of the quantity and composition of the pollutants released into the atmosphere;
4) to supervise the design and construction of enterprises, structures, and other objects in the part of compliance with the air protection;
5) respecting the maximum permissible norms, harmful physical impacts on the air;
6) to implement other measures to reduce pollutants emitted into the atmosphere.
 
Article 47. Climate protection and mitigation of its adverse effects 1. The goal of climate protection and mitigate its adverse effects is the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system.
2. climate protection and measures for the protection of the climate system against human-induced change, to mitigate its adverse effects should take account of the socio-economic conditions and be integrated into the programme of socio-economic development of Turkmenistan.
3. Natural and legal persons are obliged to take precautionary measures to prevent or minimize the causes of climate change and mitigate its adverse effects.
4. activities in the field of the protection of the climate system against human-induced change, adaptation to climate change must be provided by all ministries and other central bodies of State administration, other legal entities, as well as individuals and be included in the relevant development plans and programmes in sectors, industries and territories.
Activities in the field of the protection of the climate system against human-induced changes include: 1) developing an inventory of anthropogenic emissions by sources and removals by sinks of all greenhouse gases;
2) Regulation of the production and use of substances affecting the climate, in accordance with international treaties to which Turkmenistan is a party;
3) introduction and implementation of technologies, practices and processes that reduce or prevent anthropogenic emissions of greenhouse gases;
4) international cooperation and exchange of experience on climate change, on the basis of scientific, technological, technical, socio-economic and other research;
5) conducting other activities in the field of the protection of the climate system and mitigate the adverse effects of climate change.

5. The authorized body of State administration in the field of nature conservation, together with interested ministries and other central bodies of State Administration periodically prepares national reports and programmes on climate change and in the manner prescribed by the legislation of Turkmenistan, shall submit them to the Cabinet of Ministers of Turkmenistan.
 
Article 48. Protecting the Earth's ozone layer 1. Protecting the Earth's ozone layer from the environmentally hazardous changes through regulation of production and non-use of ozone-depleting substances, in accordance with the law and international treaties to which Turkmenistan is a party.
2. protecting the Earth's ozone layer from the environmentally hazardous changes is provided through the Organization of accounting and monitoring the State of the ozone layer under the influence of economic and other activities, the establishment of norms of maximum permissible emissions of harmful substances affecting the ozone layer of the Earth, reduce, and the complete cessation of the production and use of substances that Deplete the ozone layer, and the application of measures of responsibility for violation of these requirements.
 
CHAPTER XI. Environmental emergencies and ENVIRONMENTAL DISASTER ZONE Article 49. Emergency ecological situation 1. Emergency ecological situation is unfavorable ecological situation, which has arisen in a certain territory as a result of the anthropogenic impacts or natural phenomena, characterized by persistent negative environmental changes Wednesday, dangerous for life and health, the conservation of biological diversity.
2. When an environmental emergency on separate territories of Turkmenistan may be prohibited or restricted in certain types of economic activity and the environment.
 
Article 50. Environmental emergency zone and ecological disaster 1. Environmental emergency zones are declared land, water and airspace, where as a result of economic and other activities, the devastating impact of natural phenomena occur sustained negative changes in the environment Wednesday, threatening the health of the population, as ecological systems.
2. ecological disaster Zones declared land, water and airspace, where as a result of economic or other activities, or the devastating impact of natural forces of nature, or of an accident or disaster occurred a steady and irreversible natural destruction Wednesday ecological systems.
3. How to declare an environmental emergency or zones of ecological disaster and establishing their regime determined by the legislation of Turkmenistan.
4. Financing of the activities for the Elimination of an environmental emergency and rehabilitation of ecological disaster, environmental emergency zones and ecological disaster is made: 1) at the expense of funds of enterprises, institutions and organizations, on whose fault the accident or disaster;
2) due to the trust funds of the State budget and other sources.
 
CHAPTER XII. CONTROL in the field of nature protection Article 51.  Control objectives in the field of nature protection 1. Control tasks in the field of nature protection are environmental monitoring Wednesday and its changes under the influence of economic and other activities, verifying the execution of programmes and individual measures for nature protection, natural resource management, environmental recovery Wednesday and compliance of environmental legislation of Turkmenistan.
2. In Turkmenistan is State, departmental, trade and social control in the field of nature conservation.
 
Article 52. State control in the field of nature protection 1. State control in the field of nature protection is carried out within its competence by the authorized body of State administration in the field of nature protection, other specially authorized State bodies with a view to preventing, detecting and correcting violations of environmental legislation of Turkmenistan and the irrational use of natural resources, as well as hold violators accountable in accordance with the legislation of Turkmenistan.
2. the officers of the authorized body of State administration in the field of nature protection have the right to: 1) freely visit enterprises, institutions and organizations irrespective of their form of ownership and subordination, to request and receive, free of charge for reference documentation, test results and other materials necessary for implementation of State control in the field of environmental protection;
2) check the implementation of programs, plans and activities for the protection, restoration and sustainable use of natural resources, compliance with environmental legislation of Turkmenistan;

3) check for licenses to conduct activities in the field of nature conservation and rational use of natural resources, the conclusions of the State environmental appraisal, compliance with the conditions set out in licences for the use of natural resources and the implementation of selected activities in the field of nature protection, execution of agreements (contracts) and environmental permits, cancel them in the prescribed manner, give prescriptions or make suggestions about their cancellation;
4) to make proposals for the undertaking of the State ecological expertise, environmental auditing and verifying their opinions;
5) make provisions on the prohibition of the import (export) on the territory of Turkmenistan, as well as environmentally hazardous goods transit, waste and raw materials, environmental quality standards violations Wednesday and environmental requirements;
6) present environmental requirements for businesses and individuals, to make regulations to address environmental violations;
7) seen in the order established by the legislation of Turkmenistan, cases of administrative violations in the field of nature protection, send materials to the appropriate authorities about bringing perpetrators to administrative or criminal liability;
8) to determine the amount of damage caused to the environment as a result of the breach Wednesday environmental legislation of Turkmenistan, and on this basis to bring to businesses and individuals to the requirements of voluntary damages either to sue in court;
9) make the appropriate organization to suspend construction of objects of economic and other activities carried out in violation of environmental requirements or not having harmonization of State ecological expertise;
10) to verify compliance with the rules and regulations of industrial environmental control and monitoring;
11) apply to law enforcement agencies for assistance and get her to prevent or suppress the action of violators of environmental legislation of Turkmenistan;
12) enjoy other rights accorded to them in accordance with the legislation of Turkmenistan.
3. the decisions of the officers of the authorized body of State administration in the field of nature protection are obligatory for execution by all legal and natural persons and may be appealed in the manner prescribed by the legislation of Turkmenistan.
 
Article 53. Departmental environmental monitoring 1. Departmental control task in the field of nature protection is to verify that the departmental plans and on conservation and rational use, restoration and reproduction of natural resources, improve the environment, compliance with regulations Wednesday natural resource consumption, environmental exposure Wednesday, the requirements of environmental legislation of Turkmenistan.
2. Statutory control in the field of nature protection is carried out by the relevant services of the ministries and other central bodies of State administration.
3. procedure for organization and activities of the departmental services is governed by the provisions, approved by the ministries and other central bodies of State administration of Turkmenistan in agreement with the authorized body of State administration in the field of nature conservation.
 
Article 54. Production control in the field of nature protection 1. Production control in the field of nature protection is carried out in order to ensure the implementation in the process of economic and other activity requirements of environmental legislation of Turkmenistan to implement actions for the protection of nature.
2. Production control in the field of nature protection is carried out by the relevant services of the enterprises, institutions and organizations.
 
Article 55. Public control in the field of nature protection 1. Public control in the field of nature protection is carried out in order to ensure the right of everyone to a healthy environment Wednesday and prevent violations of environmental legislation of Turkmenistan.
2. Public control in the field of nature protection is carried out by public associations and citizens in accordance with the legislation of Turkmenistan.
3. The results of the public environmental control presented in State bodies, are subject to mandatory consideration in the manner prescribed by the legislation of Turkmenistan.
 
Article 56. State environmental monitoring 1 Wednesday. State environmental monitoring carried out Wednesday on an ongoing basis to environmental monitoring Wednesday, including in the areas of active human impacts, as well as to meet the needs of States, businesses and individuals for reliable information on the State of the environment Wednesday, necessary to prevent and/or reduce the adverse effects of environmental change Wednesday.
2. the structure, content and mode of implementation of State environmental monitoring Wednesday installed by an authorized body of State administration in the field of nature conservation.
 
CHAPTER XIII. ENVIRONMENTAL EDUCATION EDUCATION, RESEARCH IN THE FIELD OF NATURE PROTECTION
 

Article 57. Education and training in the field of nature protection 1. In order to improve the ecological culture of the society and training is provided by universal, continuous and affordable education and education in the field of nature conservation, covering pre-school, general education and upbringing, vocational training specialists in elementary vocational, secondary vocational and higher vocational schools and improve their skills.
2. In vocational education institutions of various kinds, regardless of their profile, provides for teaching the basics of ecology and conservation courses.
3. Heads of ministries and other central bodies of State administration, enterprises, institutions and organizations, other officials and experts related to providing a harmful influence on the environment Wednesday, should know the basics of environmental legislation of Turkmenistan and the requirements of environmental safety.
4. education, nature conservation Authorities, other State bodies and public associations, the mass media disseminate knowledge on nature protection and environmental management, lead environmental propaganda.
 
Article 58. Research in the field of nature protection 1. Research in the field of nature protection is carried out in order to create the scientific basis of environmental protection Wednesday, develop science-based activities for the improvement and restoration of the environment Wednesday, sustainability of ecological systems and environmental security.
2. The objectives of the research are: 1) evaluation of the impact of the harmful effects of economic and other activity Wednesday;
2) developing concepts, scientific predictions and plans for the conservation and restoration of the environment Wednesday;
3) improving environmental legislation of Turkmenistan, the development of norms, standards and other normative documents in the field of environmental protection;
4) development and implementation of the best technologies in the field of nature conservation and rational use of natural resources;
5) development of measures for the conservation and development of natural and recreational potential;
6) international cooperation with the aim of exchanging experiences in the field of nature conservation and rational use of natural resources;
7) other areas of science in the field of nature conservation.
 
CHAPTER XIV. DISPUTE RESOLUTION IN THE FIELD OF NATURE CONSERVATION.  Damages and LIABILITY for BREACH OF ENVIRONMENTAL LEGISLATION of TURKMENISTAN Article 59. Dispute resolution in the field of nature conservation Environmental Disputes shall be settled judicially in accordance with the legislation of Turkmenistan.
 
Article 60. Responsibility for violation of environmental laws of Turkmenistan the legal and physical persons guilty of violating environmental legislation on nature protection of Turkmenistan, shall bear responsibility in accordance with the legislation of Turkmenistan.
 
Article 61. The duty of compensation for damage caused to the environment Wednesday 1. Legal and natural persons, causing damage to the environment resulting from its contamination Wednesday, destruction of flora and fauna, depletion, deterioration, the irrational use of natural resources, degradation and destruction of ecological systems, natural systems and natural landscapes as a result of the implementation of its economic and other activity either as a result of the breach of environmental legislation of Turkmenistan, shall be liable for damage in full in accordance with the legislation of Turkmenistan.
2. compensation for environmental damage caused Wednesday by legal and natural persons as a result of the implementation of their economic and other activity either as a result of the breach of environmental legislation of Turkmenistan, voluntarily or by a court decision.
3. compensation for environmental damage caused Wednesday by legal and natural persons as a result of the implementation of their economic and other activity either as a result of the breach of environmental legislation of Turkmenistan, shall be made in the prescribed manner in accordance with the approved fees, fees for pollution standards Wednesday and the methods of calculating damages and, in their absence, indemnification for actual costs to restore environmental breached Wednesday with taking into account of losses incurred , including loss of profits.
 
Article 62. Compensation for damage caused to health and property of citizens as a result of a breach of environmental legislation of Turkmenistan 1. The damage caused to health and property of citizens, the negative impact of the environment as a result of the Wednesday of economic and other activities of legal entities and individuals shall be compensated in full.
2. Define the scope and the size of the damages caused to health and property of citizens as a result of a breach of environmental legislation of Turkmenistan, in accordance with the legislation of Turkmenistan.
 
Article 63. Suspension, termination and redevelopment activities that have a harmful influence on the environment Wednesday
 

1. Activities of legal or natural persons, environmentally harmful objects and industries may be suspended, and in case of impossibility of eliminating the causes harmful effects-discontinued or redesigned in the following cases: 1) harmful effects on health and living conditions of the population and the surrounding natural Wednesday;
2) threat of harmful environmental impact Wednesday accident or incident;
3) violations of environmental requirements, designing, construction, reconstruction, commissioning and operation of enterprises, organizations, structures and other objects;
4) violations of environmental requirements when handling the chemical, radioactive and biological substances;
5) violations of environmental requirements on nature protection, pollution and waste production and consumption.
2. Decision on suspension, termination and realigning activities environmentally harmful objects and production shall be adopted in accordance with the legislation of Turkmenistan.
 
Article 64. Claims regarding the termination of activities of environmentally harmful objects and legal and natural persons may apply to the relevant public authorities to cease the activity of the environmentally harmful objects and productions, damaging the surrounding natural Wednesday, health, property of legal and physical persons.
A decision concerning the closure of polluting facilities and production was adopted in accordance with the legislation of Turkmenistan and is grounds for the termination of funding for such activities.  
 
CHAPTER XV. Final clauses article 65. International cooperation in the field of nature protection 1. Turkmenistan carries out international cooperation in the field of nature conservation in accordance with universally recognized principles and norms of international law and the international treaties of Turkmenistan in the field of nature conservation.
2. Turkmenistan carries out international cooperation in the field of nature protection by means of international treaties and agreements on nature conservation and rational use of natural resources, participation in international environmental organizations and foundations.
 
Article 66. The entry into force of this law 1. This law shall enter into force on the day of its official publication.
2. Null and void: 1) Turkmenistan law dated November 12, 1991 Goda "on nature protection (Gazette of the Supreme Soviet of Turkmenistan, 1991, no. 16, art. 174);
2) part II of the Act of Turkmenistan on April 18, 2009 year amending, supplementing and repealing certain acts of Turkmenistan "(records of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 33).
 
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat, March 1, 2014 year no. 40-V.