Model Law “On the Conservation, Sustainable Use and Restoration of Biological Diversity”.

This Law establishes a unified approach and procedure for regulating the processes of conservation, sustainable use and restoration of biological diversity to meet food, recreational, social and other human needs, taking into account the interests of the present and future generations. This Law defines the foundations of legal, economic and organizational relations arising in the process of conservation, sustainable use and restoration of biological diversity, as well as the conditions and procedure for access to genetic resources, relevant non-confidential information and traditional knowledge about them and regulates the distribution of equal benefits from their use. The purpose of this Law is to ensure a systematic approach to the conservation, sustainable use and restoration of biological diversity, the rational use of biological resources and ensuring the ability of flora and fauna to satisfy the economic, aesthetic and other needs of the present and future generations in accordance with the requirements of the international obligations of the state. The main principles of public administration in the field of conservation, sustainable use and restoration of biological diversity are: (a) state regulation and control in the field of use of biological resources, conservation, sustainable use and restoration of biological diversity; (b) implementation of the use of biological resources in accordance with the principles of humanity; (c) separation of the right to use biological resources from the right to use land, forests and other natural resources; (d) ensuring rational and sustainable use of biological resources; (e) preventing the loss of biological diversity; (d) the obligation to carry out measures for conservation, sustainable use and restoration of biological diversity; (e) transparency, completeness and reliability of information on the state of biological diversity; and (f) the priority of the principles of international law in the field of conservation, sustainable use and restoration of biological diversity. State control and supervision in the field of conservation, sustainable use and restoration of biological diversity is aimed at ensuring compliance with the requirements of the law by government bodies, local government bodies, as well as individuals and legal entities, including public organizations. The Law establishes the right of public participation in the activities related to conservation, sustainable use and restoration of biodiversity. The state develops and implements a mechanism for regular monitoring of the state of ecosystems and biological diversity, as well as monitoring of processes and activities that may have a negative impact on the components of biological diversity. The state shall prohibit any methods of destroying protected species or causing harm to them, as well as any activities that disrupt the normal life of protected species during their breeding season, feeding of young, migration and wintering, or that lead to the destruction of nests and burrows.

2016-05-20