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CBD Fourth National Report - Azerbaijan (English version)

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Country Study on Biodiversity and <strong>Fourth</strong> <strong>National</strong> <strong>Report</strong><br />

The Republic of <strong>Azerbaijan</strong><br />

It should be noted that there emerged a necessity of additions and amendments in relevant<br />

statutory acts, i.e. bringing into line with each other of them, in relation to enforcement of the<br />

Laws adopted within the last years.<br />

2.1.5. Laws stipulating legal bases for prevention of environmental pollution<br />

Legislative acts on prevention of environmental pollution include relevant Laws of<br />

<strong>Azerbaijan</strong> Republic, decrees and orders of President of <strong>Azerbaijan</strong> Republic, decisions of the<br />

Cabinet of Ministers, inctructions/directions of central executive powers and other documents.<br />

The following laws on nature conservation and its regulation were adopted in the last 5 years:<br />

- On nature conservation (1999);<br />

- On ecological safety (1999);<br />

- On air protection (2001);<br />

- On production and household wastes (1998);<br />

- On water supply and sewage (1999);<br />

- On hunting (2004)<br />

- On phytosanitary control (2006).<br />

- On beekeeping (2009)<br />

It should be noted that proper clauses were stipulated regarding prevention of environmental<br />

pollution in the laws of <strong>Azerbaijan</strong> Republic related to natural resources such as Water Code<br />

(1997), Land Code (1999), Hydrometeorology activity (1998), On wild fauna (1999), On<br />

fishing (1998), On radiation safety of population (1997).<br />

Furthermore, the Cabinet of Ministers of <strong>Azerbaijan</strong> Republic adopted relevant decisions on<br />

environmental pollution in view of enforcement of the above laws and a number of Rules<br />

regulating this sphere hereof were approved.<br />

2.1.6. Legislation on other spheres impacting upon biodiversity<br />

It is very essential to establish administrative, civil and criminal responsibility due to violation<br />

of requirements of legislative enactments on protection and use of biological diversity.<br />

Fine sanctions were contemplated against natural persons, public officers and legal entities in<br />

38 clauses of Administrative Offence Code of <strong>Azerbaijan</strong> Republic for administrative<br />

infractions contrary to regulations on environmental conservation, nature use and ecological<br />

safety.<br />

Compensation of any damage upon nature can be subject to civil action, which might arise<br />

resulted from violation of regulations on environmental conservation, nature use and<br />

ecological safety. Damage incurred fishes, water animals and invertebrates is fixed according<br />

to “Rules of types, grades and imposing of payments for use of fish resources and penalties<br />

for illegal fishing” approved by the Decision №146 dated September 16, 1999 of the Cabinet<br />

of Ministers of <strong>Azerbaijan</strong> Republic.<br />

Damage incurred wildlife is fixed according to “Rules of types, grades and imposing of<br />

payments for use of wildlife and penalties for poaching” approved by the Decision#176 dated<br />

November 6, 2004 of the Cabinet of Ministers of <strong>Azerbaijan</strong> Republic.<br />

65<br />

2009

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