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About The Animal World

Original Language Title: О животном мире

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The animal world (statements of the Mejlis of Turkmenistan, 2013, no. 1, art. 4) this law regulates relations in the sphere of protection, reproduction and use of fauna and aims to ensure its preservation in natural conditions Wednesday.
 
Chapter i. General provisions article 1. The basic concepts used in this law are used in this law the following concepts: animals-organisms (Protozoa, worms, arthropods, molluscs, fish, amphibians, reptiles, birds, mammals), make up one of the higher areas of the organic world, with the ability to move, eat prepared organic compounds;
animal world-historical totality of individuals one or many species found in the State of natural freedom (wild animals) within the territory of Turkmenistan and the Turkmen sector of the Caspian Sea;
the object of the animal world-animal origin (wild animal);
Wednesday habitats of animal world-natural Wednesday, in which objects of wildlife inhabit the State of natural liberty;
protecting wildlife habitats-Wednesday activities aimed at preserving or restoring sustainable living conditions and reproduction of subjects of the animal world in a State of natural liberty;
exemption of subjects of the animal world-extraction, hunting, trapping of Wildlife Habitat Wednesday, living in a State of natural liberty;
exemption limit of subjects of the animal world is set up for users of subjects of the animal world, carrying out special use of fauna, the permissible limit seizures of wildlife for a certain period of time;
protection of animal life-activities aimed at preserving wildlife and its Habitat Wednesday species diversity, usage and reproduction of subjects of the animal world, as well as a set of interventions for the prevention and suppression of offences in the field of protection, reproduction and use of fauna;
use of fauna-the use of wildlife, its useful properties with or without seizure of objects from Wednesday;
users of subjects of the animal world-legal and natural persons who, in accordance with the present law granted the right of use of fauna;
sustainable use of subjects of the animal world is the use of subjects of the animal world in ways not resulting in depletion of species diversity of fauna and preserving its ability to reproduce and to meet the needs of present and future generations;
artificial breeding of subjects of the animal world-contents and subjects of the animal world breeding in captivity and (or) semi-captive conditions;
animal crossing is a natural or artificial compound genetic material of animals of the same species from different populations or habitats in order to improve the genetic Fund, reduce the effects of inbreeding (mating closely related);
zoological collection-collection of carcasses, eggs, ingredients and parts of subjects of the animal world, including animals in zoos, circuses, Zoological nurseries, aquariums, terrariums, representing scientific, cultural, educational, training and educational and aesthetic value;
State Cadastre of the animal world is a systematic set of data on geographical distribution, quantitative and qualitative characteristics of the species of wild animals, an economic evaluation and the utilization of their resources, as well as other information about the objects of the animal world, necessary to ensure their conservation and sustainable use.
 
Article 2. Legislation on protection, reproduction and use of fauna 1. Legislation on protection, reproduction and use of fauna is based on the Constitution and consists of this law and other normative legal acts of Turkmenistan, regulate relations in the sphere of protection, reproduction and use of fauna.
2. Relations in the sphere of protection, reproduction and use of agricultural and other domestic animals as well as wild animals seized from the wild and kept in captivity, are regulated by the relevant legislation of Turkmenistan.
3. relations in fisheries and aquatic biological resources, as well as hunting and hunting are regulated by the relevant legislation of Turkmenistan.
4. If an international treaty to which Turkmenistan stipulates other rules than those contained in this Act, the rules of the international treaty shall apply.
 
Article 3. Basic principles in the field of protection, reproduction and use of fauna of the basic principles in the field of protection, reproduction and use of fauna are: 1) State regulation and control in the field of protection, reproduction and use of fauna;
2) inadmissibility of combining activities for the implementation of State control over the use, reproduction and conservation of wildlife with the use of fauna;
3) sustainable use of subjects of the animal world;
4) use of fauna in ways not subject to cruelty to animals, in accordance with generally accepted principles of humanity;

5) paid use of wildlife, except as otherwise provided in this law and other normative legal acts of Turkmenistan;
6) inevitability of responsibility for violation of the legislation of Turkmenistan in the area of protection, reproduction and use of fauna;
7) participation of citizens and public associations in solving problems in the field of protection, reproduction and sustainable use of wildlife;
8) availability of information in the field of protection, reproduction and use of fauna;
9) international cooperation in the field of protection, reproduction and use of fauna.


 



Article 4. Ownership of the animal world

 
1. The objects of the animal world, living in a State of natural freedom on the territory of Turkmenistan, are the property of the State.
Turkmenistan has sovereign rights and exercise jurisdiction in the Turkmen sector of the Caspian Sea in respect of subjects of the animal world in the order determined by the legislation of Turkmenistan, as well as the norms of international law.
2. The objects of the animal world, in the prescribed manner removed from Wednesday, may be the property of natural and legal persons, unless otherwise prescribed by the legislation of Turkmenistan.
Relationship of possession, use and disposition of such animals shall be governed by this law and other normative legal acts of Turkmenistan.
 
Article 5. Subjects of relations in the sphere of protection, reproduction and use of fauna Subjects of relations in the sphere of protection, reproduction and use of fauna are legal entities and individuals.  
 
CHAPTER II. The State management in the area of protection, reproduction and use of FAUNA Article 6. Public administrations in the field of protection, reproduction and use of fauna of public administrations in the field of protection, reproduction and use of fauna are the Cabinet of Ministers of Turkmenistan, authorized government authority in the field of protection, reproduction and use of fauna, local executive bodies and local governments.
 
Article 7. Competence of the Cabinet of Ministers of Turkmenistan in the area of protection, reproduction and use of fauna of the Cabinet of Ministers of Turkmenistan: 1) ensures a uniform State policy in the field of protection, reproduction and use of fauna;
2) approves State programs on protection, reproduction and use of fauna;
3) exercises the rights of possession, use and disposition of wildlife;
4) defines the authorized government authority in the field of protection, reproduction and use of fauna;
5) manages the authorized body of the State Directorate for the protection, reproduction and use of fauna;
6) establishes the procedure for State monitoring and the State Cadastre of animal world;
7) establishes national standards, rules, limits and standards in the field of protection, reproduction and use of fauna;
8) approves the issuance of licenses for the use of fauna;
9) approve the rules imposing restrictions and prohibitions on use of fauna;
10) argues the State accounting rules for zoological collections;
11) carries out international cooperation in the field of protection, reproduction and use of fauna;
12) solves other questions falling within its competence, in accordance with this law and other normative legal acts of Turkmenistan.
 
Article 8. Competence of the authorized body of State administration in the field of protection, reproduction and use of fauna Authorized Government authority in the field of protection, reproduction and use of fauna: 1) implements the State policy in the field of protection, reproduction and use of fauna;
2) develops and implements public programs on protection, reproduction and use of fauna and the conservation of its Habitat Wednesday;
3) develops and approves departmental normative legal acts on protection, reproduction and use of fauna;
4) carries out State control for protection, reproduction and use of fauna, as well as compliance with regulatory legal acts for the protection of rare and endangered species of fauna objects listed in the Red data book of Turkmenistan;
5) leads state monitoring and the State Cadastre of objects of animal world;
6) conducts a State environmental appraisal pre-project and project documentation for construction and reconstruction of economic installations and productions in the part of protection, reproduction and use of fauna;
7) develops standards in the area of protection, reproduction and use of fauna;
8) provides maintenance, together with the Academy of Sciences of Turkmenistan of the Red data book of Turkmenistan (fauna);

9) in agreement with public authorities, and the Academy of Sciences of Turkmenistan takes a decision on entry in the Red data book of Turkmenistan and exclude from it those or other kinds of subjects of the animal world and establishes the procedure and measures for their protection;
10) specifies the quota for use of fauna, including species categorized as rare and endangered species;
11) organizes scientific research in the area of protection, reproduction and use of fauna, including at specially protected natural territories;
12) determines the order and gives permits for import and export of subjects of the animal world, their parts and derivatives, including the animal species, classified in the category of rare and endangered species, in the manner prescribed by the legislation of Turkmenistan; 13) develops and approves the methodology for determining the damage caused to the animal world in violation of the legislation of Turkmenistan;

14) hears cases about administrative offences in the area of protection, reproduction and use of fauna;
15) imposes restrictions and prohibitions on use of fauna;
16) organizes the work on artificial breeding of rare and endangered species of animals with their further release into natural Wednesday;
17) provides the right of hunting economy;
18) determines the terms of hunting and fishing season, a list of species of wild animals, the number of prey and hunting place;
19) provides environmental education of the population in the area of protection, reproduction and use of fauna;
20) carries out international cooperation in the field of protection, reproduction and use of fauna;
21) solves other issues falling within its competence, in accordance with this law and other normative legal acts of Turkmenistan.
 
Article 9. Competence of local bodies of the Executive power and bodies of local self-government in the areas of protection, reproduction and use of fauna of local executive bodies and local governments: 1) implement State policy in the field of protection, reproduction and use of fauna in the relevant territories;
2) assist in the implementation of State programmes for the protection, reproduction and use of fauna;
3) coordinate the activities of subordinate bodies and organizations in the area of protection, reproduction and use of fauna;
4) contribute to the activity of public associations in the field of protection, reproduction and use of fauna;
5) carry out ecological education of the population and promoting knowledge on protection, reproduction and use of fauna;
6) solve other issues falling within their competence, in accordance with this law and other normative legal acts of Turkmenistan.
 
CHAPTER III. The participation of citizens and public associations in the protection, reproduction and use of fauna Article 10. The participation of citizens and public associations in the protection, reproduction and use of fauna 1. Citizens and public associations have the right to participate in the protection, reproduction and use of fauna, in training relating to their rights and legitimate interests of public decision-making related to the protection, reproduction and use of fauna.
2. public authorities in the exercise of its powers in the field of protection, reproduction and use of fauna take into account the suggestions and recommendations of citizens and voluntary associations.
3. Arrangements for the participation of citizens and public associations in the protection, reproduction and use of fauna, the preparation of Government decisions related to the protection, reproduction and use of fauna, establishes the laws of Turkmenistan.
 
Article 11. The rights and duties of citizens and public associations in the field of protection, reproduction and use of fauna 1. When implementing the provisions referred to in paragraphs 1 and 2 of article 10 of this law, citizens and public associations have the right to: 1) participate in the implementation of the activities of State bodies for protection, reproduction and use of fauna;
2) to undertake activities to protect wildlife and its Habitat Wednesday;
3) enjoy wildlife in ways appropriate to the General principles of humanity, preventing cruelty to animals;
4) receive from government agencies information about the animal world, with the exception of information not to be provided and distributed in accordance with the legislation of Turkmenistan;
5) exercise public control;
6) make in the established order the propositions to improve the forms and methods of conservation and sustainable use of wildlife;
7) to form voluntary associations for the protection, reproduction and use of fauna;
8) report on known violations of legislation of Turkmenistan on the conservation and sustainable use of wildlife.
2. Turkmen citizens have the obligation to: 1) preserve and protect wildlife;
2) comply with the requirements of the legislation of Turkmenistan in the area of protection, reproduction and use of fauna;
3) fulfill the legitimate demands of the officials supervising the protection, reproduction and use of fauna;

4) promptly reimburse the damages caused by the animal and its Habitat Wednesday.
 
CHAPTER IV. PROTECTION of ANIMAL WORLD Article 12. Ensuring the safety of subjects of the animal world protection of subjects of the animal world is carried out by the authorized body of State administration in the field of protection, reproduction and use of fauna, as well as legal and natural persons carrying out economic activity and other activities not related to use of the animal world, but with adverse effects on fauna objects and (or) Wednesday their habitat or represents a danger to them.
 
Article 13. Organizational and legal measures to ensure the Protection of fauna protection animal world is ensured through the following organizational and legal measures: 1) preservation of the integrity of natural communities of wild animals;
2) preservation of the diversity of animals in a State of natural liberty;
3) imposition of restrictions and prohibitions on use of fauna;
4) establishing rules on protection, reproduction and use of fauna;
5) standardization in the field of protection, reproduction and use of fauna;
6) protection from unauthorized use and other violations of the established order use of fauna;
7) protection Wednesday, breeding conditions and migration routes of wild animals;
8) preventing the deaths of animals in the implementation of production processes;
9) establishment of specially protected natural territories;
10) artificial breeding of subjects of the animal world and their subsequent release into nature;
11) limit the seizure of animals for zoological collections and unauthorized exportation;
12) assisting animals in cases of disease, the threat of disaster and death due to other causes;
13) Organization of scientific research aimed at the justification of measures to protect the subjects of the animal world;
14) education of citizens in the spirit of humane treatment of animals;
15) propaganda of ideas of conservation and sustainable use of wildlife in the media;
16) Regulation of the number of certain species of wild animals;
17) conducting State environmental appraisal of the project in the proposed economic or other activity, which may have a harmful effect on the objects of the animal world;   
18) the implementation of other measures and establish other requirements for the protection of subjects of the animal world in accordance with the legislation of Turkmenistan on the protection, reproduction and use of subjects of the animal world.
 
Article 14. Standardization in the field of protection, reproduction and use of fauna 1. Standardization in the field of protection, reproduction and use of fauna objects is carried out in order to ensure the optimum number of wild animals.
2. Standardization in the field of protection, reproduction and use of fauna is ensured by setting withdrawal of wild animals from the wild and other requirements in accordance with the legislation of Turkmenistan.
3. exemption of subjects of the animal world Standards are set by the authorized body of State administration in the field of protection, reproduction and use of fauna based on monitoring data, accounting objects, animal resources and assessment of their use, as well as research results.
 
Article 15. Protection of habitats and conditions Wednesday breeding animals, the design and construction of settlements, as well as enterprises, buildings and other objects, the design and construction of settlements, as well as enterprises, installations and other facilities, the improvement of existing and introduction of new technological processes, the introduction into economic circulation of Virgin Lands, coastal and forest plantations occupied territories, land reclamation, implementation of forest usage of forest, carrying out exploration works , mineral extraction, defining places run grazing farm animals, development of tourist routes and organizing places of mass rest population must be provided and implemented measures to preserve habitats and breeding conditions Wednesday animals.
 


Article 16. Maintaining animal migration paths

 
When hosting, design and construction of railway, highway, pipeline and other highways, power lines and communications, as well as channels, reservoirs, dams and other hydraulic structures should be designed and carried out activities to ensure the preservation of migratory routes of animals.
 


Article 17. Preventing the loss of animals in the implementation of processes and vehicle operation

 
When implementing the processes and operation of the vehicles are taking the necessary steps to prevent the deaths of animals.
Without the implementation of measures to prevent the loss of animals prohibited storage of materials and waste products, vykašivanie and burning of dry vegetation, forests and raskorčëvka development of riverbeds, bodies of water and their areas of nerestovoe and reproductive value.
 
Article 18. Protection of wildlife on specially protected natural territories
 

The order of protection and use of fauna on specially protected natural territories is established by the Turkmenistan law "on especially protected natural territories" and other normative legal acts of Turkmenistan in the area of protection, reproduction and use of fauna.
 
Article 19. Artificial breeding of subjects of the animal world 1. Authorized government authority in the field of protection, reproduction and use of fauna in order to preserve rare and endangered animal species, reproduction of which is impossible in vivo, is obliged to take measures to create the necessary conditions for their breeding by artificial means, including through the specialization organization of zoos and kennels.
2. content of wild animals in captivity and their artificial breeding are allowed only by permission of the authorized body of State administration in the field of protection, reproduction and use of fauna.
 
Article 20. Protection of rare and endangered species of animals 1. In order to preserve rare and endangered species of animals and ensure that the necessary measures for their protection, reproduction and use in the Red data book of Turkmenistan provides information on the status and protection measures of rare and endangered species (subspecies and populations) of animals.
2. Prohibited activities that may result in death, drawdown and violation Wednesday habitats of rare and endangered species of animals.
3. Exemption from Wednesday and return to the natural Wednesday animals belonging to species brought in the Red Book of Turkmenistan are allowed in exceptional cases permit, issued by the authorized body of State administration in the field of protection, reproduction and use of fauna.
 
Article 21. Protection of wildlife and its Habitat Wednesday when the use, storage, and transport of pesticides, plant protection products, growth stimulants, mineral fertilizers and other drugs 1. In order to prevent the loss of animals and the deterioration of their Habitat Wednesday legal and natural persons are obliged to observe the rules of transportation, storage and use of pesticides, plant protection products, growth stimulants, mineral fertilizers and other products.
When creating new drugs must be developed and adopted their standards of maximum permissible concentrations in the environment Wednesday to ensure the protection of animals and their Habitat Wednesday.
2. Rules for the use, storage and transport of pesticides, plant protection products, growth stimulants, mineral fertilizers and other products, as well as a list of specified drugs are subject to agreement with the authorized body of State administration in the field of protection, reproduction and use of fauna.


 

Article 22. Relocation, acclimatization and hybridization of wild animals 1. Resettlement of wild animals into new habitats, acclimatization of new State fauna species of wild animals as well as wild animals crossing allowed for research and commercial purposes for the resolution of the authorized body of State administration in the field of protection, reproduction and use of fauna.
2. Unauthorized conduct resettlement, acclimatization and interbreeding of wild animals is prohibited.
3. Relocation of rare and endangered species of animals is permitted by the decision of Cabinet of Ministers of Turkmenistan on the basis of the proposal authorized body of State administration in the field of protection, reproduction and use of fauna.


 



Article 23. Regulation of the number of certain species of wild animals

 
1. in order to protect public health, prevention of diseases of farm and domestic animals and to prevent damage to the economy of Turkmenistan are to regulate the number of certain species of wild animals.
2. Wildlife species whose numbers are subject to regulation, and the order of events to regulate their size is determined by the authorized body of State administration in the field of protection, reproduction and use of fauna on the basis of the recommendations of the scientific organizations and in coordination with the authorized State bodies engaged in the protection of land and water resources.
 
Chapter v. USE of FAUNA Article 24. Users of subjects of the animal world Users of subjects of the animal world can be legal entities and individuals.
 
Article 25. Use of fauna 1. Fauna objects are available for use in accordance with the legislation of Turkmenistan.
2. Use of fauna is carried out in accordance with the General and special use.
3. General use include use of fauna, as well as their benefits without exceptions from Wednesday.
4. the special use include use of fauna and their metabolic products with exemption from Wednesday.
5. Use of fauna on the territory of Turkmenistan is carried out in accordance with the legislation of Turkmenistan.
 
Article 26. Types of use of fauna
 

1. subject to the requirements prescribed by the legislation of Turkmenistan, one of the following types of use of fauna: 1) hunting;
2) fisheries, as well as the extraction of aquatic invertebrates and marine mammals;
3) using wild animals not belonging to wild game and fishery;
4) the use of wild animals in economic, scientific, cultural, educational, recreational and aesthetic purposes;
5) the use of wild animals in order to obtain products of their vital activity.
The legislation of Turkmenistan can provide other types of use of wildlife.
2. Removal of wild animals from their Habitat Wednesday without permission or license is prohibited.
 
Article 27. Permission for use of fauna 1. Use of fauna by legal or natural persons for certain types of use except for amateur (sports) or fishing hunting can be carried out only if they have permission to use these objects, and in cases stipulated by the legislation of Turkmenistan on licensing of separate types of activity-appropriate license.
2. A list of the types of use of fauna carried out on the basis of licences is determined by the Cabinet of Ministers of Turkmenistan.
3. Permission to use of fauna are issued to legal entities and individuals authorized by the State administration body in the field of protection, reproduction and use of fauna.
Permission for use of fauna contains information: 1) on species use of fauna;
2) about the territory, which allowed the implementation of permitted use of fauna;
3) on objects of wildlife or their types that you can use on the basis of this authorization;
4) about limits on use of fauna;
5) about the terms of use of fauna;
6) other information stipulated by the legislation of Turkmenistan.
4. When implementing the amateur (sports) or fishing hunting right to certain kinds of subjects of the animal world serves to pay a one-time permit issued by an authorized body of State administration in the field of protection, reproduction and use of fauna in the manner prescribed by the legislation of Turkmenistan.
Pay a one-time permit-special license for a one-time exemption from the natural habitat Wednesday one species of the fauna object indicating the place and time of shooting.
5. Use of fauna common areas is carried out without permits or licenses.
6. in order to preserve and protect the individual subjects of the animal world may be limited in the permit required for compliance with legal or natural persons, and other conditions of use of fauna.
 
Article 28. Terms of fauna 1. Special use of fauna can be permanent or temporary.
Permanent use acknowledged his wildlife without a predetermined time limit.
The timing of temporary use wildlife establishes the relevant contract and license.
2. General use of the animal world is without setting dates.
 
Article 29. Restrictions and prohibitions on use of fauna 1. For the conservation and reproduction of subjects of the animal world by the authorized body of State administration in the field of protection, reproduction and use of fauna on agreement with the Cabinet of Ministers of Turkmenistan is permitted to limit or completely prohibited in a certain territory or on certain dates selected uses of wildlife.
2. In the interests of subjects of the animal world in accordance with the legislation of Turkmenistan may be limited to the right to land, forest, water, and subsoil users.
 


Article 30. The rights and obligations of users of subjects of the animal world

 
1. subjects of the animal world, users have the right to: 1) obtained ownership of the animal world objects and products derived from them;
2) maintain auxiliary facilities, including processing of products obtained during implementation of the approved use of fauna;
3) to manufacture and sell its products and articles of subjects of the animal world;
4) present in the order established by the legislation of Turkmenistan, claims for damages caused to them by the illegal actions of legal entities and physical persons, povlëkšimi for a deterioration of the Habitat and the death Wednesday of subjects of the animal world.
2. Users of subjects of the animal world, depending on the type of use shall: 1) comply with established rules, regulations and terms of use of fauna;
2) use of fauna in ways not subject to violation of the integrity of natural communities and ensure public safety, environmental and conservation Wednesday of subjects of the animal world, not available in use;
3) avoid violation Wednesday habitats of subjects of the animal world;
4) accounting of the number of subjects of the animal world and activities to improve their Habitat Wednesday;

5) carry out the necessary comprehensive measures aimed at the creation of the animal world;
6) to provide full assistance to Government and other bodies exercising control over the protection, reproduction and use of fauna;
7) perform other requirements on protection, reproduction and use of fauna, stipulated by the legislation of Turkmenistan.
 
Article 31. Protection and guarantee of the rights of subjects of the animal world users 1. Prohibits interference with user activity of subjects of the animal world on the part of State bodies, officials and organizations.
2. Violated rights of subjects of the animal world users should be recovered in the manner prescribed by the legislation of Turkmenistan.
3. Loss caused by an infringement of the rights of subjects of the animal world users (including loss of profit), recoverable in full.
 
Article 32. Grounds for termination of right to use right to use fauna fauna must be terminated in the following cases: 1) cessation of use or need for voluntary renunciation of use of fauna;
2) expiration of use of fauna;
3) need to withdrawal from use of any kind of wildlife to protect animals or for public use;
4) cessation of user activity fauna;
5) systematic violation of requirements of legislation of Turkmenistan in the area of protection, reproduction and use of fauna;
6) deprivation of special use permits for wildlife.
 
Article 33. Hunting relations in the field of hunting and hunting is regulated by the law of Turkmenistan "on hunting and hunting and administered under him and other normative legal acts of Turkmenistan.
 
Article 34. Fishing and conservation of aquatic biological resources of relations in the field of fisheries and the conservation of aquatic biological resources are governed by the Turkmenistan law "on fisheries and the conservation of aquatic biological resources.
 
Article 35. The use of subjects of the animal world, not belonging to wild game and fishery 1. Users of subjects of the animal world of subjects of the animal world is permitted, not belonging to wild game and fishery.
2. the list of subjects of the animal world, not relating to the objects of hunting and fishing, the use of which is carried out only by the permissions and list of subjects of the animal world, the use of which is prohibited, shall be determined by the authorized body of State administration in the field of protection, reproduction and use of fauna and approved by the Cabinet of Ministers of Turkmenistan.
 


Article 36. Catching snakes

 
1. Catching all kinds of snakes on the territory of Turkmenistan may be carried out only by the permissions issued by the authorized body of State administration in the field of protection, reproduction and use of fauna.
2. Unauthorized catching snakes in the territory of Turkmenistan shall be prohibited, except for settlements and assigned appropriate zones around places of public recreation and resort areas.
3. Referred to in part 2 of this article, the zones around settlements are established by local bodies of executive power.
 
Article 37. Use of wildlife in economic, scientific, cultural, educational, educational, recreational and aesthetic purposes 1. Use of wildlife in economic, scientific, cultural, educational, recreational and aesthetic purposes by various forms of surveillance, tagging, photographing and other research methods without taking wild animals from natural Wednesday allowed without permission and without charge, if these methods do not harm wild animals and their Habitat Wednesday and not violate the rights of other users of the animal world, except in cases where such use is prohibited.
2. use of wildlife in economic, scientific, cultural, educational, recreational and aesthetic purposes with the exemption of natural Wednesday carried out under the conditions and pursuant to the procedure established in articles 27-29 and 42 of this Act.
 
Article 38. Use useful properties and metabolic products of subjects of the animal world 1. Use useful properties and metabolic products of subjects of the animal world is permitted without their removal from natural Wednesday and Wednesday their Habitat and, in some cases, with the withdrawal of authorizations issued by the authorized body of State administration in the field of protection, reproduction and use of fauna in the manner prescribed by the legislation of Turkmenistan.
2. Rules for the use of subjects of the animal world in order to obtain products of their vital activity are established by the authorized body of State administration in the field of protection, reproduction and use of fauna.
 
Article 39. Use of fauna living on specially protected natural territories
 

1. activities related to the use of fauna on specially protected natural territories, exercised in accordance with the Turkmenistan law "on especially protected natural territories", this law and other normative legal acts of Turkmenistan on protection, reproduction and use of fauna in agreement with a public authority in the operational management which is specially protected natural territory.
2. On specially protected natural territories may be common and special use of fauna, as well as activities associated with the use of fauna, and regulation of the distribution and the number of wild animals. Such activity is prohibited or may be limited in the State natural reserves, strict protection zone (reserved zone) of national parks, in the zone of the protected mode kernel State State natural biosphere reserves, sanctuaries and other specially protected natural territories, in accordance with the Turkmenistan law "on especially protected natural territories".
 


Article 40. The establishment and replenishment of the zoological collections

 
1. the establishment and replenishment of the zoological collections (living collections of zoos, circuses, aquariums, terrariums, nurseries, as well as Assembly of carcasses, products and parts of animals) by the seizure of animals from their Habitat Wednesday allowed by the permissions issued by the authorized body of State administration in the field of protection, reproduction and use of fauna.
2. Zoological collections, including zoological research collections of scientific and educational institutions, museums, as well as some outstanding collectible artifacts regardless of their form of ownership, representing scientific, cultural, educational or aesthetic value, subject to state accounting.
3. Legal and natural persons who own such collections must observe the rules of storage, accounting and use of zoological collections, approved by the authorized body of State administration in the field of protection, reproduction and use of fauna.
 
Article 41. Economic incentives for protection, reproduction and use of fauna 1. Economic stimulation measures on protection, reproduction and use of fauna is aimed at improving users ' interest of subjects of the animal world in the preservation and reproduction of fauna.
2. sources of funding and implementation of measures related to economic incentives (benefits, preferences and State support) activities for the protection, reproduction and use of fauna, are defined and established by the decision of the Cabinet of Ministers of Turkmenistan.


 



Article 42. Payments for the use of animals

 
1. Use of fauna, with the exception of general use, is paid.
2. Payments for use of fauna include: 1) payments for the use of fauna;
2) payments for import into or export from Turkmenistan Turkmenistan of subjects of the animal world;  
3) fees for the issuance of licences and permits for use of fauna;
4) other types of payments provided for by the legislation of Turkmenistan.
3. The amount of the fees and charges for use of fauna, charging them with the procedures and conditions are established by the Cabinet of Ministers of Turkmenistan.
4. Payments for use of fauna not frees users from performing actions on protection of wildlife and their Habitat Wednesday.
 
CHAPTER VI. STATE MONITORING and the STATE CADASTRE of ANIMAL WORLD Article 43. State monitoring of the animal world

 
1. State monitoring of the animal world is a system of regular monitoring of distribution, the status of subjects of the animal world, structure, quality and area Wednesday.
2. State monitoring of animal life is conducted in order to identify the parameters that are specified in part 1 of this article, assess their changes, preventing and overcoming the consequences of the negative processes and phenomena for the conservation of species diversity, reproduction, ensuring a favourable State of the animal world and its scientific use.
3. the content, organization, management, financing, logistical support for State wildlife monitoring is carried out in accordance with the procedure set by the Cabinet of Ministers of Turkmenistan.
 
Article 44. Keeping the State Cadastre of fauna 1. In order to ensure the protection, reproduction and use of fauna carried out keeping the State Cadastre of the animal world, contains a collection of information on the geographical distribution of subjects of the animal world, their numbers, their characteristic habitats, economic use and other data.
2. keeping the State Cadastre of the animal world is carried out on the basis of information provided by users of the animal world, on uniform methodologies, as approved by the authorized body of State administration in the field of protection, reproduction and use of fauna.

3. keeping the State Cadastre of the animal world is carried out in accordance with the procedure set by the Cabinet of Ministers of Turkmenistan.
 
CHAPTER VII. CONTROL in the field of protection, reproduction and use of FAUNA Article 45. State control in the sphere of protection, reproduction and use of fauna 1. The task of the State control in the sphere of protection, reproduction and use of fauna is to provide compliance with all legal and physical entities of Turkmenistan Turkmenistan legislation requirements on protection, reproduction and use of fauna.
2. the procedure for State control in the sphere of protection, reproduction and use of fauna is established by the Cabinet of Ministers of Turkmenistan.
 
Article 46. Organization of State control in the sphere of protection, reproduction and use of fauna 1. State control in the sphere of protection, reproduction and use of fauna is carried out by the Cabinet of Ministers of Turkmenistan, the authorized body of State administration in the field of protection, reproduction and use of fauna, local executive authorities and bodies of local self-government.
2. State control in the sphere of protection, reproduction and use of fauna by the prevention, detection and suppression of offences in the field of protection, reproduction and use of fauna.
3. The public authorities referred to in paragraph 1 of this article may engage in the prescribed manner other interested State bodies and public associations to participate in the implementation of State monitoring of compliance with the established order use of wildlife.
 
Article 47. Law officers of the authorized body of State administration in the field of protection, reproduction and use of fauna 1. Officials performing duties on protection, reproduction and use of fauna, have the right to: 1) check from legal and physical persons the documents authorizing use of fauna, finding on especially protected natural territories (water area), as well as permit from the internal affairs agencies to keep and bear firearms;
2) detain violators of the law of Turkmenistan on protection, reproduction and use of fauna, make up protocols on the committed offences and bring to administrative responsibility in accordance with the legislation of Turkmenistan;
3) search things, stop and search vehicles, checking for weapons and other guns procuring of subjects of the animal world and received from them the products, including during its transportation, storage sites, processing and marketing;
4) withdraw from intruders illegally obtained wildlife and objects obtained from these products, weapons and other tools of procuring of subjects of the animal world as well as relevant documents with issuing exemption in the prescribed manner.
2. Officials exercising State supervision in the area of protection, reproduction and use of fauna are permitted possession, carrying and use of service weapons in the manner prescribed by the legislation of Turkmenistan.
Rules for storing, carrying and use of service weapons by officials exercising State control in the sphere of protection, reproduction and use of fauna objects shall be established by the legislation of Turkmenistan.
3. Rules and instructions of the authorized body of State administration in the field of protection, reproduction and use of fauna approved within its competence are obligatory for execution by all legal entities and individuals.
 
Article 48. Insurance of protection, reproduction and use of fauna Workers authorized body of State administration in the field of protection, reproduction and use of fauna, the list of which is approved by the Cabinet of Ministers of Turkmenistan shall be subject to compulsory insurance and have the right to compensation in accordance with the established procedure in the event of injury, and their relatives-in the event of the death of the officials.
 
Article 49. Departmental control for protection, reproduction and use of fauna Departmental monitoring of protection, reproduction and use of fauna is carried out by the relevant bodies of State administration in charge of enterprises, institutions and organizations, fauna.
 
Article 50. Public control in the field of protection, reproduction and use of fauna of public control in the field of protection, reproduction and use of fauna carried out public associations in accordance with the legislation of Turkmenistan.
 
CHAPTER VIII. FINAL PROVISIONS Article 51. Liability for violation of the legislation of Turkmenistan on protection, reproduction and use of fauna persons guilty of violating the legislation of Turkmenistan in the area of protection, reproduction and use of fauna, bear responsibility in accordance with the legislation of Turkmenistan.
 

Article 52. Compensation for damage caused as a result of infringement of the legislation of Turkmenistan in the area of protection, reproduction and use of fauna 1. Legal and natural persons are obliged to repair the damage caused by the violation of the law of Turkmenistan on protection, reproduction and use of fauna.
2. the officials and other employees of the fault which enterprises incurred costs in connection with damages shall also be liable in accordance with the established procedure.
 
Article 53. Resolution of disputes on protection, reproduction and use of fauna Disputes on protection, reproduction and use of fauna are resolved in the order established by the legislation of Turkmenistan.
 
Article 54. International cooperation in the field of protection, reproduction and use of fauna international cooperation in the field of protection, reproduction and use of fauna is carried out in accordance with the law and international treaties to which Turkmenistan is a party.
 
Article 55. The entry into force of this law 1. This law shall enter into force on the day of its official publication.
2. the void: the law of Turkmenistan on June 12, 1997 year on protection and rational use of fauna "(records of the Mejlis of Turkmenistan, 1997, no. 2, art. 17);
Part II of the Act of Turkmenistan on April 30, 1999 "on amendments and additions to certain legislative acts of Turkmenistan" (records of the Mejlis of Turkmenistan, 1999, no. 1, p. 10);
part XXVI April 18, 2009 the year of the Act, 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 2, 2013 year no. 375-IV.