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Methodology of calculation of damage inflicted to the state by violation of land legislation. Instruction on the procedure for recovery of funds in compensation of damage to the state by violation of land legislation.

Pays/Territoire
Tadjikistan
Type du document
Règlement
Date
1999
Source
FAO, FAOLEX
Sujet
Terre et sols
Mot clé
Propriété étrangère Pollution du sol/qualité Infractions/sanctions Procédures judiciaires/procédures administratives Mise en application Responsabilité/indemnisation
Aire géographique
Asie, Asie Centrale, CEI (Communauté des États indépendants), Europe et Asie Centrale, Nations en développement sans littoral, Asie du Nord
Entry into force notes
This Methodology enters into force on 11 October 1999.
Résumé

Methodology of calculation of damage inflicted to the state by violation of land legislation establishes rules for calculating payments for compensation of losses caused by damage, destruction and contamination by chemicals, including land pollution by unauthorized disposal of industrial, household and other waste, and applies to any land category, regardless of location and ownership. This Methodology shall be applicable by authorized bodies of the Ministry of Environmental Protection of the Republic of Tajikistan and the Committee on Land Resources and Land Survey under the Government of the Republic of Tajikistan. The damage caused to the state of land by violation of land legislation shall be determined in the following cases: (a) damage and destruction of land as a result of partial or complete destruction by deliberate and careless actions, and failure to take measures to prevent negative consequences caused by anthropogenic and natural factors, location, design and construction adversely affecting the state of land; (b) land pollution (emissions of pollutants) on the basis of data from land surveys and laboratory analyzes; (c) violation of technologies and regulations for the use of mineral fertilizers and toxic chemicals, non-compliance with environmental requirements during their storage, use and transportation, as well as loading and unloading operations; and (d) littering of land by unauthorized disposal of waste, based on data on the volume (mass) of waste and the degree of their danger. It contains calculation formulae for compensation. Instruction On the procedure for recovery of funds in compensation of damage to the state by violation of land legislation establishes that the costs of compensation for damage caused to the state due to violations of land legislation shall be covered by land users. In case of detection (identification) of violation of land legislation, a protocol of the established form shall be compiled (Appendix 1).

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