ЭКОЛОГИЯ
ҲУҚУҚИ
♦
ECOLOGY LAW
♦
ЭКОЛОГИЧЕСКОЕ
ПРАВО
2007
№
4
♦
ЎЗБЕКИСТОН
ҚОНУНЧИЛИГИ
ТАҲЛИЛИ
♦
UZBEK LAW REVIEW
♦
ОБЗОР
ЗАКОНОДАТЕЛЬСТВА
УЗБЕКИСТАНА
85
D. Umarov
Teacher of TSIL
LEGAL REGULATION OF PROTECTION OF THE
NATURALS RESERVES OF THE REPUBLIC OF
UZBEKISTAN IN CONDITION OF MARKET ECONOMY
The Republic of Uzbekistan takes a special place in
global ecological processes and is one of the unique terri-
tories of the world in the field of a biodiversity. Practically,
its reserved territories not touched with economic activities
represent extreme value for all mankind. Protected natural
territories of the Republic of Uzbekistan with their natural
riches are the deterrent of global ecological crisis. It is
strategically important to provide preservation of these
territories creating favorable conditions of steady devel-
opment of the country and protection of the surrounding
natural environment.
The strategic aim of a state policy in the field of protec-
tion of the surrounding natural environment, is preserva-
tion of natural ecological systems and natural complexes,
maintenance of their integrity and life-supporting functions.
One of the primary goals in sphere of preservation and
restoration of ecological systems and natural complexes is
creation and development of protected natural territories,
natural-reserved fund of the Republic of Uzbekistan.
Until recently the term " especially protected natural
territories was not used neither in the special literature, nor
in the legislation. The terminology including a word "re-
served", what not always adequately essence of the status
and mode of similar territories was usually used reflected,
causing disputes among experts. Therefore introduction in
a scientific revolution and partly in the legislation of the
term " especially protected natural territories " was in es-
sence attempt to unit under this name all categories of
natural complexes and the objects taken under special
protection of the state (far from being always finding room
in traditionally understood formula reservations).
The existing system of protected natural territories,
forming natural-reserved fund of the Republic of Uzbeki-
stan is result of long-term nature protection activity of sci-
entists, the public and authority.
Though in all territory of the state the uniform, general
legal regime of the use of nature reserves, environmental
protection and separate natural resources is established
basically, some territories and objects have a special legal
regime. The law of the Republic of Uzbekistan "On the
protected natural territories" from 03.12.2004 years allo-
cates the state natural reserves among such objects.
For today the system of protected natural territories of
Uzbekistan includes nine national reservations the total
area of 2164 kms
²
.
B.V.Erofeev opens concept of a legal regime of the
grounds especially protected natural territories as the sys-
tem consisting of objects of nature protection, natural-
reserved, improving, recreational, historical and cultural
assignment and especially valuable grounds.
Protected natural territories, namely reserves have re-
ceived the greatest concrete definition in the Law of the
Republic of Uzbekistan "About environmental protection"
and the Law of the Republic of Uzbekistan "On the pro-
tected natural territories".
In the Republic of Uzbekistan the most traditional form
of the territorial environmental protection having priority
value for preservation of a biological variety, are the state
natural reserves. The system of national reservations as
standards of not broken natural territories is a subject of
the deserved pride of a national science and nature pro-
tection movement of Uzbekistan. The network of reserves
was created within many decades.
According to the current legislation of the Republic of
Uzbekistan the state natural reserves concern to protected
natural territories where monitoring ability to live of the wild
nature is constantly conducted, preservation of a land-
scape, protection rare and endemic kinds of animals and
plants naturally, are created opportunities of their duplica-
tion in other natural territories.
In territory of national reserves is forbidden any activ-
ity, except of research activity and conducting monitoring
of the surrounding natural environment.
In the national reserves carrying out of fire-prevention
actions is supposed.
In the territory of national reserves and their security
zones installation of new kinds and subspecies of alive organ-
isms is forbidden with the purpose of their acclimatization.
Stay in territory of national reserves the citizens who
are not being workers of national reserves or the state
bodies in which conducting they are, supposed at pres-
ence sanctions of these bodies or administration of na-
tional reserves.
The Earth, waters, bowels, vegetative and the fauna,
taking place on territories of the state natural reserves, are
given in using (possession) to the state natural reserves
on the rights, in the order established by the law.
The property of the state natural reserves is a state
ownership.
Buildings, constructions, historical and cultural and
other objects of the real estate are assigned by the state
natural reserves on the right of operative management.
Withdrawal or other discontinuance of the rights to the
ground areas and other natural resources which are in-
cluded in the state natural reserves are forbidden.
Natural resources and immovable of the state natural
reserves are completely withdrawn from a revolution (can-
not be alienated and pass from one person to another
different ways).
Regulations about concrete state natural reserve, its
status affirm div, the Cabinet.
The following tasks are assigned to the state natural
reserves:
а
) Realization of protection natural territories with a
view of preservation a biological variety and maintenance
in a natural condition of protected natural complexes and
objects;
b) The organization and carrying out of scientific re-
searches, including conducting the Annals of the nature;
c) Realization of ecological monitoring within the
framework of nation-wide system of monitoring of the sur-
rounding natural environment;
d) Ecological education;
e) Participation in the state ecological examination of
projects and circuits of accommodation of economic and
other objects;
f) Assistance in preparation of the scientific staff and
experts in the field of protection of the surrounding natural
environment.
Scientific researches in national reserves are realized
by regular science officers. On a contractual basis can be
involved other scientific organizations and experts.
In national reserves are created scientific advice.
In national reserves conducting monitoring of the sur-
rounding natural environment is obligatory.
Results of research activity in the national reserves,
received due to means of the State budget of the Republic
ЭКОЛОГИЯ
ҲУҚУҚИ
♦
ECOLOGY LAW
♦
ЭКОЛОГИЧЕСКОЕ
ПРАВО
2007
№
4
♦
ЎЗБЕКИСТОН
ҚОНУНЧИЛИГИ
ТАҲЛИЛИ
♦
UZBEK LAW REVIEW
♦
ОБЗОР
ЗАКОНОДАТЕЛЬСТВА
УЗБЕКИСТАНА
86
of Uzbekistan and funds of environmental protection, are
the property of the state.
The scientific information on a condition of natural objects
and complexes of national reserves is subject to the publica-
tion. National reserves can have own printed editions.
Scientific funds of national reserves are subject to
termless keeping.
Coordination of scientific researches of national re-
serves is carried out with the Academy of sciences of the
Republic of Uzbekistan.
The order of scientific research of national reserves is
determined on the page 13 Laws of the Republic of Uz-
bekistan " On the protected natural territories " where it is
established, that reserves are formed by the decision of
the Cabinet of the Republic of Uzbekistan and bodies of
the government on places in the order stipulated by the
legislation.
Reorganization of reserves is made if necessary
changes of their categories. Thus translation of protected
natural territory from a category with more strict mode in a
category with less strict mode is supposed in unusual
cases.
The discontinuance of functioning of reserves is made
after expiry of the term on which they have been organ-
ized, and also at loss of value and uniqueness of their
natural objects and complexes as a result of acts of nature
and actions technical character.
On adjoining to territories of the state natural reserves
sites of the ground and water space are created security
zones with the limited regime of nature management.
In territory of the state natural reserve is forbidden any
activity contradicting to tasks of the state natural reserve
and a regime special protection of its territory, established
in regulations about the given state natural reserve.
In territories of the state natural reserves are allowed
actions and the activity, directed on:
а
) Preservation in a natural condition of natural com-
plexes, restoration and prevention changes of natural com-
plexes and their components as a result of man’s impact;
b) Maintenance of the conditions, providing sanitary
and fire-prevention safety;
c) Prevention of the conditions, capable to cause the
acts of nature disaster to a life of people and settlements;
d) Realization of ecological monitoring;
e) Performance of research tasks;
f) Conducting ecologic-educational work;
g) Realization of control-supervising functions.
Ecologic-educational activity of reserves, being the ba-
sic means of education of ecological culture, is called to
form, first of all, at wide layers of the Russian society un-
derstanding of a modern role of especially protected natu-
ral territories in preservation of a biological and landscape
variety as bases of biosphere, and also their place in so-
cial and economic development of regions. It should pro-
vide effective public support of the state natural reserves
as objects of national property.
In the state natural reserves can be allocated sites on
which excluding any intervention of the person in natural
processes .
The sizes of these sites are defined proceeding from
necessity of preservation of all natural complex for a natu-
ral condition.
On specially allocated sites of partial economic use
which are not including especially valuable ecological sys-
tems and objects for the sake of preservation which was
created the state natural reserve, activity which is directed
on simplification functioning of the state natural reserve and
ability to live of the citizens, living in his territory is sup-
posed, and is carried out according to the authorized indi-
vidual regulations about the given state natural reserve.
The state natural reserves are legal persons who have
no extraction of the profit as the purpose of the activity,
that is the noncommercial organizations and are created in
the form financed due to means of the federal budget of
nature protection establishment.
The state natural reserves dispose in the established
order of the following means:
From the scientific, nature protection, advertising -
publishing and other activity which is not contradicting to
tasks of the state natural reserves;
On account of compensation of the damage caused to
natural complexes and objects, located in territories of the
state natural reserves;
From realization of the instruments of hunting confis-
cated in the established order, fishery and production of
illegal environmental protection;
In the order of gratis aid and charitable payments.
The penalties imposed administratively for ecological
offences, collected under decisions of officials of the state
natural reserves, act in the independent order of the state
natural reserves and are taken into account on separate
balance.
The state natural reserves use the tax privileges es-
tablished for them by the legislation of the Republic of
Uzbekistan.
Among reserves the law specially allocates biospheric
reserves. The status of the state natural biospheric re-
serves the state natural reserves which are included into
the international system biospheric reserves, carrying out
the global ecological monitoring.
To territory of the state natural biospheric reserves with
a view of carrying out of scientific researches, ecological
monitoring, and also approbation and introduction of
methods of the rational environmental protection which is
not destroying surrounding natural environment and not
depletion biological resources, can be attached territories
of biospheric ranges, including with the differentiated re-
gime special protection and functioning.
In territory of the state natural reserve is forbidden any
activity contradicting to tasks of the state natural reserve
and a regime special protection of its territory, including:
– The actions, changing a hydrological regime of the
grounds;
– Prospecting works and development of minerals, in-
fringement of a soil cover, shows of minerals and outcrop-
ping of rocks;
– Cabins of the main using, preparation dip, wood
juices, herbs and technical raw material, and also other
kinds of forest management, except for the cases stipu-
lated by the present Position;
– Mowing, depasturage cattle, accommodation of bee-
hives and apiaries, gathering and preparation of wild-
growing fruits, berries, mushrooms, nuts, seeds, flowers
and other kinds of using flora, except for the cases stipu-
lated by the present Position;
– Construction and accommodation of the industrial
and agricultural enterprises and their separate objects,
construction of buildings and constructions, roads and
overpasses, electricity and other communications, except
for necessary for maintenance of activity of reserves;
– Trade, sports and amateur hunting, other kinds of us-
ing fauna, except for the cases stipulated by the present
Position;
– Institution of the plants and animals with the purpose
ЭКОЛОГИЯ
ҲУҚУҚИ
♦
ECOLOGY LAW
♦
ЭКОЛОГИЧЕСКОЕ
ПРАВО
2007
№
4
♦
ЎЗБЕКИСТОН
ҚОНУНЧИЛИГИ
ТАҲЛИЛИ
♦
UZBEK LAW REVIEW
♦
ОБЗОР
ЗАКОНОДАТЕЛЬСТВА
УЗБЕКИСТАНА
87
of their acclimatization;
– Application of mineral fertilizers and chemical means
of protection of plants;
– An alloy of a wood;
In territories of the state natural reserves shooting
(catching) of animals in scientific and regulation of the
purposes is supposed only under the sanction of the state
bodies in which conducting reserves.
Protection of natural complexes and objects in territory
of the state natural reserve is carried out by special state
inspection on protection of territory of this reserve.
The state natural reserves independently dispose of
own means received:
– From the scientific, nature protection, advertising –
publishing and other activity which is not contradicting to
tasks of the state natural reserves;
– On account of compensation of the damage caused
by legal and physical persons to natural complexes and
objects, located in territories of the state natural reserves;
– From realization of the instruments of hunting confis-
cated in the established order, fishery and production of
illegal environmental protectiont;
– In the order of gratis aid and charitable payments.
The penalties imposed administratively for ecological
offences, collected under decisions of officials of the state
natural reserves, act in the independent order of the state
natural reserves and are taken into account on separate
balance.
Conclusions and offers
In the view of global and post Soviet experience it is
necessary to note necessity and common planetary value
of a reserved affair, to discuss a modern condition of a
reserved affair in Uzbekistan and to correct prospects of
its development. In our opinion, it is expedient to discuss
the following questions and to include them in the basic
documents determining prospects of a reserved affair.
1. Necessity and an opportunity of increase in number
of categories and subcategories state PNT (protected
natural territories) and specifications of their regime and
functions, reduction more full consent with classification
IUEP (the International union of environmental protection).
2. Expediency of inclusion in nation-wide nature pro-
tection system available departmental PNT (wood, ich-
thyologic, hunting, water and others with preservation of
their departmental belonging.
3. Opportunities of wide development in Russia pri-
vate PNT of a various level, the status and a belonging,
with granting corresponding tax privileges.
4. Necessity creation of the differentiated control sys-
tem of reserves of Uzbekistan, with concentration of man-
agement of objects of a republican level in proxy and in-
dependent governmental div, departmental - in struc-
tures of the corresponding organizations, regional and
local - in special structures of the state bodies.
5. Expediency of development of a methodical basis,
unitized design the main mechanisms of the organization
and functioning of all PNT, and keeping regional and de-
partmental independence PNT in the decision of the prob-
lems assigned to them.
6. Necessity of system engineering of the legal, eco-
nomic and technological mechanisms, allowing to combine
in all types PNT, except for the state natural reserves,
environmental protection with nature management without
damage to nature protection functions of PNT.
The main conclusion which we should make, - ac-
knowledgement of extreme necessity of existence and
development of system PNT and inadmissibility of its eas-
ing on time tactical reasons, substitutions nature protec-
tion false economic arguments. This conclusion cannot be
counted new, but in conditions of developing in the Repub-
lic of Uzbekistan it is necessary to repeat persistently,
basing on global experience of effective functioning PNT
which should be studied and analyzed deeply.
Резюме
В
вводной
части
статьи
рассматриваются
пробле
-
мы
сохранения
,
развития
,
восстановления
практиче
-
ски
,
не
тронутые
хозяйственной
деятельностью
её
заповедных
территорий
,
которые
представляют
собой
чрезвычайную
ценность
для
всего
человечества
в
ус
-
ловиях
рыночной
экономики
.
В
основной
части
статьи
автор
раскрывает
понятие
охраняемых
природных
территорий
Республики
Узбе
-
кистан
,
которые
с
их
природными
богатствами
являют
-
ся
сдерживающим
фактором
глобального
экологиче
-
ского
кризиса
.
В
работе
обращается
внимание
на
стратегически
важную
проблему
в
данной
сфере
–
обеспечение
сохранения
этих
территорий
,
создающих
благоприятные
условия
устойчивого
развития
страны
и
охраны
окружающей
природной
среды
вцелом
.
В
заключении
,
автор
отмечает
,
что
стратегической
целью
государственной
политики
в
области
охраны
окружающей
природной
среды
,
является
сохранение
естественных
экологических
систем
и
природных
ком
-
плексов
,
поддержание
их
целостности
и
жизнеобеспе
-
чивающих
функций
.
Также
в
работе
указываются
про
-
блемы
в
данной
сфере
,
выводы
и
предложения
по
решению
указанных
проблем
.
