THE KYRGYZ REPUBLIC

THE LAW

On specially protected natural territories

Of May, 28, 1994 # 1561-XII

The present Law regulates relations in the field of the

organization, protection and use of specially protected natural

territories with a view of preservation of benchmarking and unique

natural complexes and objects, noteworthy natural formation, genetic

fauna and flora fund, studying of natural processes in biosphere and the

control over changes of its condition.

SECTION I

GENERAL PROVISIONS

Article 1. The legislation on specially protected natural territories

The relations related to the organization, protection and use of

specially protected natural territories, are regulated by the present

Law, and other issued according to it acts of the legislation of the

Kyrgyz Republic.

Land, water, mountain, forest relations in the field of protection

of atmospheric air, protection and use of fauna and flora, protection and

use of monuments of a history and culture are regulated by the special

legislation of the Kyrgyz Republic.

Article 2. Categories and the status of specially protected natural

territories

Specially protected natural territories are the sites of the land,

waters (water areas), including natural complexes or separate objects of

the nature for which the special regime of protection and use is

established.

To specially protected natural territories the following objects can

be referred: naturally or artificially created natural complexes and the

objects of the nature having special ecological, nature protection,

scientific, historical and cultural, aesthetic, recreational value.

The status of national zapovedniks (including biospheric), the state

of natural national parks, state of zakazniks, the state of nature

sanctuaries, botanical gardens, dendrology parks, zoological parks,

natural recreational territories is given to specially protected natural

territories.

The legislation of the Kyrgyz Republic can provide other categories

of protected natural territories.

With a view of maintenance of an appropriate nature protection

regime of specially protected natural territories their security zones

can be established. Issues on an establishment of protection of zones,

their sizes and a regime are solved simultaneously with formation of

specially protected natural territory.

Specially protected natural territories intended for preservation of

a biological diversity, maintenance of ecological equilibrium,realization of monitoring of biosphere, form specially protected natural

territories fund in the Kyrgyz Republic.

Article 3. State ownership on specially protected natural territories

Specially protected natural territories are the state ownership of

the Kyrgyz Republic.

Actions, in the direct or latent form breaking the right of the

state ownership on specially protected natural territories, are

forbidden.

Article 4. The governmental management and the state control in the area

of the organization, protection and use of specially protected natural

territories

The state management in the field of the organization, protection

and use of specially protected natural territories is carried out by the

Government of the Kyrgyz Republic, local state administrations, and also

specially authorized state bodies in the order established by the

legislation of the Kyrgyz Republic.

The state control over protection and use of specially protected

natural territories is carried out by specially authorized state bodies

in the order established by the legislation of the Kyrgyz Republic.

Article 5. The state cadastre of specially protected natural territories

The state cadastre of specially protected natural territories

contains system of necessary data on the status, arrangement, the

quantitative and qualitative characteristic of a natural complex,

ecological, scientific, educational, historical, cultural and other value

of these territories.

The state cadastre of specially protected natural territories is

conducted with a view of an assessment of specially protected natural

territories fund’s condition in the republic, determination of

development network prospects of such territories, the organizations of

their protection, rational use and planning of scientific researches, and

also provision to the local state administrations, the interested

enterprises, the organizations and establishments the data contained in a

cadastre at the settling of social and economic development problems of

region and placing of productive forces.

The state cadastre of specially protected natural territories is

conducted at the expense of the republican budget based on uniform

system.

The order of conducting the state cadastre of specially protected

natural territories is established by the Government of the Kyrgyz

Republic.

Article 6. Participation of public associations in the organization,

protection and use of specially protected natural territories

Public associations according to the legislation of the Kyrgyz

Republic, their charters and provisions, as well as citizens can take

part in realization by the state bodies of actions to organize, protect

and use of specially protected natural territories.

SECTION II

NATIONAL ZAPOVEDNIKS (reserves)

Article 7. The purposes and objectives of national reserves

National reserves are formed with the purpose of preservation and

studying of genetic animal and flora fund, typical and unique ecological

systems and landscapes, creation of conditions for maintenance of natural

processes flow, development of scientific bases of wildlife management

and are nature protection and research establishments.

The following primary goals are assigned to national reserves:

- Preservation in a natural condition of all natural complexes of

reserves;

- Preservation and rehabilitation up to the ecologically sustainable

level the number of rare and disappearing kinds of animals and plants,

maintenance of a biological diversity of the nature;

- Carrying out of scientific researches and monitoring of biosphere,

preparation of scientifically proved recommendations on perfection of

protection and use of natural resources;

- Assistance in training of the scientific staff and experts in the

field of wildlife protection and reserve science;

- Dissemination of ecological knowledge.

Given to national reserves for constant using land sites and water

(water areas) with all natural resources and objects within their limits

are withdrawn from economic operation.

Article 8. The order of formation and the status of state reserves

National parks are organized by the regulation of the Government of

the Kyrgyz Republic on the basis of a technical and economic and

ecological justification and the draft developed by corresponding

research and other design organizations, with the positive conclusion of

the state bodies on wildlife management.

The national reserve is the legal person, funded at expense of the

republican budget and other sources and operates on the basis of

provision about it determined by the body subordinating it

Article 9. National reserves regime

In territory of national reserve the economic and other activity

conflicting to reserves objectives, breaking natural processes

development or posing threat of adverse impact on natural complexes and

objects are forbidden, in particular:

- The actions changing a hydrological regime of reserves;

- Construction of buildings, constructions, roads, pipelines,

transmission lines and other communications and the objects irrelevant to

reserves activity;

- Prospecting works and mining of minerals;

- Disturbance of soil cover, minerals run out and scalping of rocks;

- All types of forest use, harvesting of fodder grasses, medicinal

and other plants, flowers, seeds, cattle grazing and other types of flora

use, led to degradation of vegetative ground;

- Hunting, fishing, catching and destruction of animals, disturbance

of environment and conditions of animals dwelling;

- Resettlement (acclimatization) of new kinds of animals and plants

in support of actions to increase the number of separate kinds of animals

higher than allowable by natural areas capacity;

- Gathering collection materials, except for the materials necessary

for scientific researches in reserve;

- Use of chemical substances for pest control, plants and animals’

deceases, and regulation of animals’ number, except for cases posing

special danger to flora and fauna condition, and human health as well;

- Run of pets, movement of the mechanized vehicles out of roads and

general waterways;

- Rafting via water objects;

- Noise and other acoustic influences of the artificial origin

higher established norms.

In territories of national reserves in the order established in

their provisions it is supposed:

- Realization of actions on restoration and prevention of changes of

natural complexes and separate objects of the nature, undergone to

negative anthropogenesis influences;

- Carrying out of fire-prevention and sanitary actions;

- Stay of citizens (including foreigners) and the officials non

staff members of reserves or bodies where they are.

Article 10. Research activity in national reserves

Research activity in national reserves is carried out by the

organization of stationary all-the-year-round observance on studying the

natural complexes, separate objects of the nature, dynamics of natural

processes with a view of ecological conditions assessment and forecast,

development of scientific bases of wildlife protection, preservation of a

biological diversity of biosphere, reproduction and rational use of

natural resources.

Research activity should not result in change of the status and

objectives of a reserve. Experiments with natural complexes of reserve

and its components are forbidden.

SECTION III

THE STATE NATURAL NATIONAL PARKS

Article 11. The purposes and objectives of state natural national

parks

The state natural national parks are formed for preservation of the

natural complexes with special ecological, historical and cultural and

aesthetic value, intended for use in the nature protection, recreational,

educational, scientific purposes and are nature protection and

recreational establishments.

The following primary goals are assigned to the state natural

national parks:

- Preservation of unique natural complexes and objects of the

nature;

- Preservation of cultural and natural heritage (archeological,

historical, ethnographic and other objects, and also noteworthy

landscapes);

- Ecological education and the organization of rest of the

population in a nature.

Allocated for the organization of the state natural national parks

plots of lands and waters (water areas) with all natural resources and

objects within their limits are given to the specified parks for constant

using.

Article 12. The order of formation and the status of state natural

national parks

The state natural national parks are formed by the regulations of

the Government of the Kyrgyz Republic by submission of specially

authorized bodies.

The state natural national park is the legal person and operates on

the basis of its provision endorsed by body subordinating it.

The charges incidental to activity of the state natural national

parks are financed by budgetary funds and other sources.

Article 13. A regime of the state natural national parks

In the state natural national parks it is established differentiated

by their territories sites (reserved sites, zones of rest and others) a

regime of protection and use of natural complexes, natural and other

objects in view of ecological, recreational, cultural and aesthetic

value.

In territory of the state natural national parks any activity posing

threat of adverse impact on protected natural complexes and other objects

is forbidden, in particular:

- The actions changing a hydro-geological regime of parks;

- Construction and operation of the industrial and other objects

irrelevant to activity of parks;

- Prospecting works and mining of minerals;

- Forests cutting for the main using;

- Resettlement (acclimatization) of new kinds of animals and plants.

In provisions on the state natural national parks other types of

activity that entail lowering of natural, scientific, cultural and

aesthetic value of their territories can be limited or forbidden.

SECTION IV

STATE ZAKAZNIKS

Article 14. The purposes, objectives and the order of formation of state

zakazniks

State zakazniks are established with a view of preservation,

reproduction, restoration of natural complexes and its separate

components for realization of zakazniks’ nature protection objectives.

State zakazniks have the following primary purposes:

- Preservation of a natural complex of zakaznik;

- Preservation of beneficial kinds of animals and birds or separate

kinds of animals;

- Protection from destruction and damages of valuable and rare

plants or separate kinds of plants;

- Preservation of typical sites of a forest or separate, specially

valuable or rare wood and bush specie;

- Protection of rare hydro-geological formations (caves, rocks,

reservoirs, falls, brooks, etc.).

Formation of state zakaznik does not entail withdrawal from main

land user the proper land plot (water object). Land users are obliged to

observe zakaznik's regime at conducting economic activities.

State zakazniks are subdivided on:

- Complex where all natural complex is under protection;

- Zoological, formed with the purpose of protection of fauna or

separate valuable or rare kinds of animals;

- Botanical, formed with the purpose of protection of flora or

separate valuable or rare kinds of plants;

- Forest, formed with the purpose of preservation of typical sites

of forest or separate, specially valuable or rare wood and bush species;

- Hydro-geological, formed with the purpose of protection of rare

hydro-geological formations (caves, rocks, reservoirs, falls, brooks,

etc.).

State zakazniks are formed by the regulations of the Government of

the Kyrgyz Republic or decisions of province and rayon state

administrations and are accordingly subdivided on zakazniks of republican

level, formed for the period of 10 years and more, and local level,

formed for 5 years.

Article 15. A regime of state zakazniks

In territory of state zakazniks, the types of activity conflicting

the zakazniks’ purposes are forbidden, in particular:

- In complex zakazniks - economic activities posing threat to

preservation of natural complexes, complex zakazniks regime corresponds

to a regime of national parks;

- In zoological zakazniks - hunting, catching by any ways and means

of wild animals, destruction of constructions and dwellings of wild

animals, gathering of eggs and other actions caused or able to cause

destruction of animals;

- In botanical zakazniks - grazing of cattle, mowing, flowers

collection, excavation of roots, tubers and bulbs of plants, fires,

vehicles use, as well as other actions caused or able to cause

destruction of flora;

- In wood zakazniks - cattle grazing, mowing, all cutting types

(except for sanitary), sowing, planting of trees not natural for the

given area;

- In hydro-geological zakazniks - mining of stone, gravel, sand, and

other minerals, destruction of caves, excavations, the actions, able to

cause change of a natural hydrological regime, research and the

scientific researches related to disturbance of natural components of

zakazniks.

The purposes, objectives and specifications of state zakaznik's

regime are determined by its provision endorsed by body subordinating it.

The charges incidental to creation and maintenance of state

zakaznik's operation, are financed from budgetary funds and other

sources.

SECTION V

THE STATE NATURE SANCTUARIES

Article 16. General provisions

The state nature sanctuaries are announced as unique natural

objects, valuable in the ecological, scientific, historical and cultural

and aesthetic respect.

The Government of the Kyrgyz Republic makes the announcement of

natural objects as the state nature sanctuaries by submission of

specially authorized bodies.

The announcement of natural objects as the state nature sanctuaries

does not entail withdrawal of the corresponding land plots (water

objects) from their owners and users.

Article 17. State nature sanctuaries regime

Along with the decision on the announcement of natural object as the

state nature sanctuary, its protection regime is established, protection

certificate is registered and the organization in charge of protection

the nature sanctuary is identified. The general issues of the state

nature sanctuaries protection regime correspond to a regime of state

zakazniks.

The enterprises, establishments and the organizations which

territories (water areas) cover the state nature sanctuaries or which

activity can pose adverse impact on a condition of these sanctuaries, are

obliged to observe the established regime of protection.

In territory of the state nature sanctuaries and bordering to them

zones the activity threatening the safety of nature sanctuaries can be

limited or forbidden.

Operational protection charges of the state nature sanctuary are

financed from the budgetary funds and other sources.

SECTION VI

STATE BOTANICAL GARDENS, DENDROLOGY PARKS, ZOOLOGICAL PARKS

Article 18. General provisions

The state botanical gardens and dendrology parks are formed by the

regulation of the Government of the Kyrgyz Republic with the purpose of

preservation, study and enrichment in artificial conditions of various

plant resources for their most effective scientific, cultural and

economic use.

The state zoological parks are formed by the regulation of the

Government of the Kyrgyz Republic for preservation and studying of

objects of wild fauna in artificial conditions in the scientific -

educational and research purposes.

The land areas are given to the state botanical gardens, dendrology

parks, and zoological parks for constant using in the established order.

Article 19. Problems and a regime of state botanical gardens, dendrology

parks, zoological parks

The primary objectives of the state botanical gardens, dendrology

parks and zoological parks are:

- Preservation, in artificial conditions, of collections of plants,

wild animal (specially rare and disappearing kinds) domestic and foreign

flora and fauna, with high scientific and cultural and educational value;

- Carrying out of research works;

- Carrying out of training and pedagogical and scientific -

educational works in area plant cultivation, zoology and wildlife

protection.

In territory of the state botanical gardens, dendrology parks and

zoological parks any activity irrelevant to realization of objectives and

threatening the safety of plants and animals collection, is forbidden.

Specifications of the purposes, objectives and regime of the state

botanical gardens, dendrology parks and zoological parks are determined

in relevant provisions endorsed by bodies subordinating them.

The charges incidental to creation of the state botanical gardens,

dendrology parks and zoological parks, are financed from budgetary funds

and other sources.

SECTION VII

NATURAL RECREATIONAL TERRITORIES

Article 20. General provisions

The territories (water areas) having favorable natural factors

(mineral waters, medical mud, environment and climatic and other useful

resources and properties of the natural environment) for treatment and

preventive of population diseases, can be referred to natural

recreational territories with an establishment of a corresponding

protection regime.

The Government of the Kyrgyz Republic makes references of

territories (water areas) to natural recreational territories by

submission of specially authorized bodies.

Natural recreational territories are separated with the purpose of

rational use provision and natural medical resources and improving

properties preservation.

Article 21. Natural recreational territories regime

Within the limits of natural recreational territories the activity

resulting in deterioration and an exhaustion of natural resources and the

objects with medical properties is forbidden (limited).

With a view of preservation of the natural factors favorable for the

organization of treatment and preventive maintenance of population

diseases, sanitary protection units are organized in recreational

territories.

Protection of natural recreational territories, natural resources

and the objects with medical properties, is carried out in the order

established by the legislation of the Kyrgyz Republic.

SECTION VIII

THE ORGANIZATION OF SPECIALLY PROTECTED NATURAL TERRITORIES PROTECTION

Article 22. Protection of national reserves, state natural national parks

Protection of national reserves and the state natural national parks

is carried out by special environmental protection services of nationalreserves and the state natural national parks in the order established by

the legislation of the Kyrgyz Republic.

Environmental protection services staff of national reserves and the

state natural national parks on duty have the rights of officials of the

bodies controlling over the state environment preservation and natural

resources use.

Article 23. Protection of state zakazniks, state nature sanctuaries and

other specially protected natural territories

Protection of state zakazniks, the state nature sanctuaries and

other specially protected natural territories is carried out in the order

established by the legislation of the Kyrgyz Republic.

SECTION IX

THE RESPONSIBILITY FOR INFRINGEMENT OF THE SPECIALLY PROTECTED NATURAL

TERRITORIES REGIME

Article 24. The responsibility for infringement of specially protected

natural territories regime

The persons guilty in infringement of specially protected natural

territories regime, bear administrative, disciplinary, and criminal and

other liability according to the legislation of the Kyrgyz Republic.

The enterprises, establishments, the organizations and citizens are

obliged to indemnify, caused by infringement of specially protected

natural territories regime, in the order established by the legislation

of the Kyrgyz Republic.

SECTION X

THE INTERNATIONAL AGREMEENTS

Article 25. The international agreements

If the international agreement of the Kyrgyz Republic establishes

other rules, than in the legislation of the Kyrgyz Republic on specially

protected natural territories, the rules of the international agreement

are applied, except for cases if more strict requirements in force in the

Kyrgyz Republic.

The president

The Kyrgyz Republic A.AKAEV