Environmental and Social Management Framework (esmf)

3. LEGAL, REGULATORY AND POLICY FRAMEWORK

1. Natıonal envıronmental polıcıes, laws and regulatıons

1. 
   Laws and Regulations
   

183. 
     Azerbaijan has a number of laws that include provisions for environmental protection and monitoring, and for the management of environmental issues related to development projects, originating in the constitution (1995). The Constitution is the highest law in the Azerbaijan Republic and prevails over national legislation and international agreements. It stipulates the basic rights of people to live in a healthy environment, to have access to information on the state of the environment and to obtain compensation for damage suffered as the result of a violation of environmental legislation.
     
184. 
     As in other regional countries, much of the Soviet-era environment-related legislation has been replaced or modified. The Law on Environmental Protection, 1999, is the centerpiece of the new legal structure. Other acts complement it in important ways. Together, the new laws invoke the polluter-pays principle, open the door for the use of economic instruments, partially bridge the gap between existing and international environmental standards, and enhance the role of public awareness, among other new elements.
     
185. 
     As stipulated in the legislation system on the regulatory – legal acts of Azerbaijan Republic, the acts that were valid before gaining the independence and later were not cancelled and that do not contradict the Constitution keep their legal validity. As a result, the transition legislation system combining the Soviet and post-Soviet rules appears. The transition process that is going on is supported by the Partnership and Cooperation Agreement (PCA) between Azerbaijan and European Union (since 1999 and 2004).
     
186. 
     The Government made commitments to implement the process of bringing the national legislation on the environment protection in line with the legislation adopted at the international level based on the European Union’s legislation on the environment protection. As the same process continues at present, the valid national legislation requirements will be followed in the framework of the project providing that those requirements are relevant to the provisions of the international agreements and conventions where Azerbaijan participates as a partner and they do not contradict the international standards and experiences in this area or are not irrelevant to them.
     
187. 
     The Constitution of Azerbaijan Republic identifies the principles of environmental protection, possession of natural resources and the rules of their use.
     
188. 
     The commented laws and principles on the environmental protection, possession of natural resources and protection of cultural heritage have been mentioned in Azerbaijan republic Constitution in the legal framework. Based on Chapter III (Human and Citizen’s rights and freedoms) Article 14 of the Constitution, the natural resources belong to Azerbaijan Republic not damaging the rights and interests of any physical and legal persons. Article 39 comments that everybody has a right to live in sound environment, to collect information about the real environmental situation and to get compensation for damage to his health and property in a result of violation of ecological rights. Article 40 reads that everybody has a right to participate in the cultural life, to use cultural foundations and cultural resources as well as everybody has to treat historical, cultural and immaterial heritage with respect, take care of them, and protect historical and cultural monuments. According to Article 77 of Chapter IV (Main responsibilities of Citizens) protection of historical and cultural monuments is everybody’s duty; Article 78 stipulates that the protection of environment is a personal duty of everybody.
     
189. 
     The environmental legislation system consists of the following:
     

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  The Parliament legislation setting the State rules on the protection and use of strictly protected natural areas, environment and biological diversity;
  
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  Presidential Decrees, Resolutions and Orders adopted by the Cabinet of Ministers ensuring the implementation of basic theses of laws;
  
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  Orders identifying the measures for the implementation of laws by the Executive Powers, (Ministries and Committees);
  
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  International Agreements and Conventions signed by Azerbaijan Republic
  

183. 
     Some of the important laws relevant to the proposed Azerbaijan Employment Support Project focusing on environmental impact assessment are described below.
     

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