O.H. Narzullaev.
Associate professor of Tashkent state university of
Law
THE REPUBLIC OF UZBEKISTAN AS THE SUBJECT OF LEGAL
PROTECTION AND USE OF AQUATIC BIODIVERSITY
Uzbekistan's
accession to the International Convention "On Biological Diversity"
May 6, 1995, contributed to the implementation of the norms of the Convention
into domestic law and, at the same time, the adoption of a number of
obligations on rational use and protection of biodiversity.
Article
2 of the Convention on Biological Diversity, the concept of biodiversity is
regarded as the variability among living organisms from all sources including,
inter alia, terrestrial, marine and other aquatic ecosystems and the ecological
complexes. The above concept includes diversity within species, between species
of ecosystems. The analysis of this concept leads to the conclusion that the
concept of "biodiversity" involves the presence of living organisms on
the Earth (lithosphere), in an aqueous environment (hydrosphere) and airspace
(atmosphere), or as a whole - in the biosphere. A dynamic complex of plant,
animal and microorganism communities and their non-living environment
interacting as a functional unit are ecological system.
Conducted
to date in the Republic of Uzbekistan research scientists lawyers -
environmentalists are mainly related to the legal regulation of relations in
the use and protection of land animal (except fish) and flora. Considering the
flora and fauna in general as components of biological diversity and ecological
systems, it is appropriate to pay attention to the equally important issue -
providing legal protection and use of aquatic biodiversity.
Article
2 of the Convention on Biological Diversity, along with the definition of
"biological diversity" provides a definition and concept of
"biological resources", which includes genetic resources, organisms
or parts thereof, populations or any other biotic component of ecosystems with
actual or potential use or value for mankind. The study of the practice of law
on the protection and use of biodiversity in a number of the CIS countries, the
EU and others, gives reason to believe that at the present time the legal
protection and use of aquatic biodiversity is carried out mainly in respect of
useful human flora and fauna in general and water in specifically. The Convention
"On Biological Diversity" in a number of other international
conventions referred to the need for protection and uses all biological
diversity, and not just part of it used by people. For example, the preamble
cites States that the contracting States recognize wild fauna and flora in
their many, beautiful and diverse forms an indispensable part of how the
earth's natural systems, which must be preserved for present and future
generations; aware of the increasing value of wild fauna and flora from the
point of view of aesthetics, science, culture, recreation and the economy;
namely the peoples and States are and should be the best guardians of their own
wild fauna and flora. (adopted March 3, 1973, Uzbekistan joined April 25, 1997)
The
preamble to the Convention on the Conservation of Migratory Species of Wild
Animals States that the contracting parties recognize the wild animals in all
their diversity of an irreplaceable part of the natural systems of the Earth
and must be preserved for the benefit of mankind; aware that each generation of
man holds the resources for future generations and the obligation to ensure the
preservation of this heritage, or - where it is used - wisely; aware of the
ever-growing value of wild animals from the point of view of the environment,
ecology, genetics, science, aesthetics, recreation, culture and education, as
well as the social and economic points of view; are concerned, particularly
with regard to those species of wild animals that migrate across or outside
national jurisdictional boundaries. (Adopted 23 June, 1979, Uzbekistan joined on
May 1, 1998)
The
Ramsar Convention on Wetlands of International Importance especially as
Waterfowl Habitat (adopted on February 2, 1971, Uzbekistan joined 08.02.2002.)
In paragraphs 3, 4, 5 of the article 4 of the Convention are encouraged to
research and exchange of data and publications regarding wetlands and their
flora and fauna, the desire to increase waterfowl populations through
management of appropriate wetlands, preparing competent professionals for
research, supervision and management of wetlands land.
In
addition to these international conventions, Uzbekistan has signed a number of
multilateral and bilateral agreements, agreements with neighboring countries,
as well as the CIS and other countries. That is to say, Uzbekistan is
responsible for protection and use of biological diversity in general and
aquatic biological diversity, in particular at the international and national
levels.
For
the first time, directly on the conservation of biological diversity in
Uzbekistan were set out in the National Strategy and Plan of Action of the
Republic of Uzbekistan for the conservation of biological diversity as approved
by the Cabinet of Ministers Resolution №139 on April 1, 1998.
In
contrast to the text of the Convention on Biological Diversity (Article 2), the
National Strategy and Plan of Action of the Republic of Uzbekistan for
biodiversity (Introduction, page 3) is given a broader interpretation of the
concept of "biodiversity" - a variety of all life on earth, animals,
plants, microbes, all genotypes and ecosystems.
"The
term" biodiversity ", says the National Strategy, reflected not a
static representation of a certain body, and the relationship of all the parts
of the biological world."
In
recent years, Uzbekistan is reviewing its National Strategy and Action Plan for
the conservation of biodiversity in accordance with the Strategic Plan of the
Convention on Biological Diversity for 2011-2020. The work carried out under
the project "National Biodiversity Planning to support the implementation
in Uzbekistan of the Strategic Plan of the Convention on Biological Diversity
for 2011-2020 was" the beginning of which is 2012.
In
addition to the National Strategy and Action Plan to the basic legislative acts
of the Republic of Uzbekistan, providing the rational use and protection of
biological diversity an integral part of water resources, which are the flora
and fauna are: The Constitution of the Republic of Uzbekistan (V 50, 54, 55, 100),
the laws: "On protection of nature "(December 9, 1992)" on the
protection and use of flora "(December 26,1997)" on protection and
use of fauna" (December 26, 1997)" on protected areas" (December
13, 2004) "on the forest" (April 15, 1999) and a number of other
regulations.
In
Article 19 of the Law "On Environmental Protection", which provides
conditions for using water and water bodies, it is said that surface, ground
and sea water on the territory of the Republic of Uzbekistan used while
maintaining the natural turnover of the required amount of water to ensure its
regulatory purity preservation of aquatic flora and fauna, prevention of water
pollution, preservation of ecological balance in them and do not damage the
pond as a landscape element.
However,
the Law of the Republic of Uzbekistan "On water and water use"
(Article 1; 74; 97; 102; 109 and others) focuses on the rational use of water
and protection of them from pollution and depletion, in order to protect human
health. For example, in Article 1 of this law literally says that his main task
is to ensure the rational use of water for the needs of the population and
sectors of the economy, the protection of waters from pollution and depletion,
prevention and elimination of harmful effects of water, improvement of water
bodies, as well as protection of rights and legal interests of enterprises,
institutions, organizations, farmers, dekhkan farms and citizens in the field
of water relations.
Analysis
of the Republic of Uzbekistan legislation on protection and use of flora and
fauna reveals that formed mainly in the 90th years of 20th century, this
legislation has paid little attention to the regulation of relations on
protection and use of water flora and fauna.
For
example, the Law of the Republic of Uzbekistan "On protection and use of
flora," it says that this law regulates relations in the sphere of
protection and use of flora growing in the wild, as well as wild plants
contained in the culture conditions for their reproduction and genetic
conservation. That is, in this article refers to the whole of the plant world,
grows in natural conditions, whereas, in our opinion, it would be wise to
allocate water fauna or flora hydrological.
The
current water legislation, in particular in Article 15 of the Law of the
Republic of Uzbekistan "On water and water use", said banning the
commissioning of new and reconstructed enterprises, shops, units, public
utilities and other facilities are not provided with devices that prevent
pollution and contamination water, as well as an adverse impact on the state of
waters and water bodies. Also prohibited entering water intake structures
without fish protection devices in accordance with the approved projects and
hydraulic structures to ready devices for the passage of flood waters and fish
in accordance with the approved projects. In case of violation of these
requirements, stipulated in Article 12 of the requirement to timely
implementation of measures to ensure the compensation of damage caused to fish
stocks, other aquatic animals and plants, and the conditions for their
preservation, restoration and reproduction.
In
order to deepen the research in the field of protection and sustainable use of
biological diversity of water bodies, including the concept and purpose of
maintaining the state cadastre, we turn to Article 14 of the Law of the
Republic of Uzbekistan "On Protected Areas" of December 3, 2004. In
this article it is said that the state cadastre of protected areas includes
information on the types and kinds of these territories, their geographical
location, quantitative and qualitative characteristics, ecological, economic,
scientific, educational and other values.
State
cadastre of protected areas is conducted by the State Committee of the Republic
of Uzbekistan for Nature Protection (State Committee for Nature) in conjunction
with the Academy of Sciences of the Republic of Uzbekistan at the expense of
the state budget of the Republic of Uzbekistan.
A
very important role in solving the problems of protection and use of biological
resources in general and water in particular plays Resolution of the Cabinet of
Ministers dated on October 20, 2014 № 290 "On the Settlement of the use of
biological resources and on the order of licensing procedures in the sphere of
nature." This Resolution approved five applications, including:
Regulations on the use of objects flora and the passage of licensing procedures
in the field of use of flora objects (Annex N 1); Regulations on the use of
animals, and the passage of licensing procedures in the field of wildlife use
(Annex N 2); Regulations on the passage of licensing procedures in the field of
international trade in Endangered Species of Wild Fauna and Flora, Endangered
(S1TES) on the territory of the Republic of Uzbekistan (Annex N 3); Regulations
on the procedure for distribution of funds, received as payment for the use of
animal and plant life, the penalty amounts and the amounts collected from
violators of environmental legislation for the damage (Appendix N 4) and the
list of decisions of the Government of Uzbekistan recognized as invalid (Annex
N 5).
An
important role in the protection and use of aquatic biodiversity plays an
environmental control. According to Article 11 of the Law "On
Environmental Control", dated on December 27, 2013, paragraphs 4 and 5 of
the Regulation "On the procedure for issuing permits for special use of
water or water consumption", approved by the Cabinet of Ministers of the
Republic of Uzbekistan, on June 14, 2013 №171 (Annex), as well as Article 72,
74, 261, 266-2 of the Code of the Republic of Uzbekistan on administrative
responsibility of state control of protection and use of water bodies in which
the plants grow and the lives animal world carried the Republic of Uzbekistan
State Committee for Nature (natural water bodies) and the Ministry of
Agriculture of the Republic of Uzbekistan (artificial water bodies). However,
experience shows that the state inspection of the State Committee of Uzbekistan
for Nature Protection and the Ministry of Agriculture and Water Resources of
the Republic of Uzbekistan shall exercise control in accordance with the
requirements of direct water resources, including water flora and fauna.
In
conclusion we can say that the adoption in recent years in Uzbekistan a number
of normative - legal acts, including the very important Law on Environmental
Control of December 27, 2013 and aimed at the protection and sustainable use of
biological diversity as a whole, are already yielding positive results. But the
legal regulation of the use and conservation of aquatic biodiversity, needs to
be further improved.