2. ENVIRONMENTAL LEGISLATION
The regulation of ecological relations of law begins with the adoption of justified laws.
The basis of legislation is the Constitution of country. In accordance with international
norms, the Constitution defines the general approach of the State in the regulating
environmental relations. Thus, the constitutions of most countries of the world are
formed on the basis of the "Universal Declaration of Human Rights" adopted by UN
in 1948 and other international documents of human rights. The main source of
environmental law is article 39 (The right to live in a healthy environment) and article
78 (Environmental protection) of the Constitution of the Republic of Azerbaijan, which
was adopted by referendum on November 12, 1995. Based on the Constitution, a
number of national normative legal acts of significant importance have been adopted
in the direction of ensuring environmental safety. Among such normative legal acts,
the Law of the Republic of Azerbaijan "On Environmental Protection" plays main role.
This Law regulates the interaction between society and nature in order to improve the
quality of the environment, efficient use and restoration of natural resources and
strengthening of legislation and legal regulation in the field of environmental
protection.
3. A large group of normative legal acts consist of laws that
regulate the legal regime of natural complexes - land,
forest, water, underground, specially protected natural
territories, etc., as well as individual types of natural
resources.
In order to improve legislation on the implementation of
environmental rights of citizens, protection of the natural
environment, effective use of natural resources, our
country adheres to the principles of international
conventions (The UN Framework Convention on Climate
Change, the Convention on Environmental Impact
Assessment in a Transboundary Context, Control of
Transboundary Movements of Hazardous Wastes and
Their Disposal, the Convention on the Protection and Use
of Transboundary Watercourses and International Lakes,
etc.)
In this regard, the Ministry of Ecology and Natural Resources
was established by the Decree of the President of the Republic
of Azerbaijan, which deals with various areas of environmental
protection and the use of natural resources. The Ministry,
taking into account the leading international experience in the
relevant field, formulates a unified state policy and implements
control. The activity of Ministry are broad, and the main tasks
related its activities and relations with state and local self-
government bodies, international and non-governmental
organizations, as well as legal entities and individuals.
4. Environmental Inspection is carried out in several
directions. Thus, production and service areas ensure
obtaining relevant permits from the State Environmental
Expertise Agency before starting their activities.
Permits are issued on the basis of official explanatory
projects on the field of activity. At the same time,
environmental impact assessment documents for the
required areas are examined and appropriate permits are
issued. In these permits, environmental requirements are
established in accordance with the directions of activity or
service.
These environmental requirements are considered
mandatory for enterprises. The fulfilment of environmental
requirements is inspected by the State Environmental
Safety Service. The service has 12 regional offices
throughout the country, where inspectors carry out
constant control over the implementation of environmental
requirements established by the legislation as well as by
the Ministry of Ecology and Natural Resources.
Environmental Inspection
State
Environmental
Expertise Agency
State
Environmental
Safety Service
State Monitoring
System
5. STATE MONITORING SYSTEM
According to the relevant decision of the
Cabinet of Ministers of the Republic of
Azerbaijan The Ministry of Ecology and
Natural Resources established a state
monitoring system of the environment and
natural resources. The state monitoring
system includes:
Purposes of the state monitoring
In the territory of the Republic of Azerbaijan
monitoring is organized on the study of
ecological conditions of atmospheric air, soil,
water environment and radiation conditions.
On the basis of monitoring data, the
processes resulting from natural and
anthropogenic impacts are evaluated and
predicted.
• Monitoring of ambient air
• Water bodies monitoring;
• Land monitoring;
• Mineral resources monitoring;
• Biological resources monitoring;
• Atmospheric precipitation (rain, snow)
monitoring;
• Radioactivity monitoring;
• The monitoring of harmful physical effects
on the environment;
• Waste monitoring;
• Sanitary and epidemiological monitoring;
• Monitoring of the impact of exogenous
geological and seismogeodynamic
processes on the environment;
• Monitoring of specially protected natural
areas
6. Monitoring of ambient air
In accordance with the Development Concept,
stationary automatic stations were installed and
equipped with analyzers on 3 directions: urban
background, transport and the industry.
The stations continuously receive the results of
gas mixtures present in the atmospheric air
NO2
NO
In order to organize the monitoring that meets modern
requirements, measurements of harmful chemical and
physical effects in atmospheric air, in water and in soil are
constantly carried out on the basis of the Mobile Laboratory.
The mobile laboratory is equipped with modern devices and
equipment that meet international standards. This laboratory
provides a comprehensive timely assessment of the situation
by conducting an analytical study of the air quality
indicators of the area, determining the content of ions in
water and in soil. The data from stationary stations are
collected in a central database, and this database is used for
air quality assessment and other necessary purposes.
SO2
CO
7.
8. Monitoring of water sources
The rules of the protection of waters (water
bodies), their protection from pollution,
clogging and depletion, as well as improving
the quality and regime of waters are
determined by the Ministry. The creation of a
centralized sewage network, the installation
of treatment facilities and other necessary
measures are in the focus of the Ministry's
attention.
The internal waters of the Republic of Azerbaijan and
the section (water bodies) of the Caspian Sea
belonging to the Republic of Azerbaijan constitute the
water fund of the Republic of Azerbaijan. Relations
related to the use and to the protection of water bodies
and their water resources are regulated by the water
legislation of the Republic of Azerbaijan.
In order to use and protect water bodies and prevent
the harmful effects of water, a strategic environmental
assessment (SEA) document is being prepared and a
state ecological expertise of this document is being
conducted in accordance with the rules of the Law of
the Republic of Azerbaijan "On Environmental Impact
Assessment”
9. The Caspian Sea combines features of relict flora and
fauna, as well as important hydrocarbon deposits. It is
from this point of view the pollution of the Caspian Sea
and the resulting problems are considered as
extraordinary ecological processes in the country. It
should be noted that the Caspian Sea is more polluted in
the areas where large industrial enterprises are
concentrated. At the state level, the Ministry of Ecology
and Natural Resources organizes the monitoring of a
section of the Caspian Sea belonging to The Republic of
Azerbaijan and its 955-kilometer coastline from north to
south in order to detect and eliminate timely
environmental problems of the Caspian Sea. During the
environmental monitoring, 128 natural and anthropogenic
watercourses were identified on the coastline of the sea.
Wastewater formed in various areas through the
watercourses causes the pollution of the Caspian Sea. In
order to prevent the discharge disposal and placement of
harmful, dangerous waste and other pollutants are
conducted precautionary measures are taken and the
control is strengthened.
Impacts to Caspian Sea
Environmental monitoring carried out in the open sea
There is a vessel in the balance of Ministry named after “Alif
Hajiyev”. By this vessel in the sector of the Caspian Sea
belonging to the Republic of Azerbaijan scientific research
works are carried around platforms where hydrocarbon
resources are exploited (from north to south). The main
purpose of monitoring to protect marine environment from
pollution, sustainable and efficient use of the biological
resources of the Caspian Sea. During the conducted
monitoring by “Alif Hajiyev”, samples of water, sediments,
zooplankton and benthic organisms were taken, and physical,
chemical, (pH, salinity, dissolved oxygen, temperature,
radiation background, amount of carbon monoxide)
hydrobiological and ecotoxicological analyses are carried out
in the laboratory of the Ministry on this samples.
10. Soil Monitoring
Protected zones with a special legal regime are established
along the boundaries of rivers, lakes, reservoirs and other
water management facilities, as well as ecologically protected
lands.
During the implementation or commissioning of the
construction of the new structures facilities and new
residential areas, the necessary measures are taken in the
field of land protection:
on contamination of agricultural soils with mineral fertilizers,
pesticides, and herbicides;
on pollution by man-made waste (heavy metals, oil,
mercury, etc.) of territories and surrounding lands of large
industrial cities and enterprises;
Soil Monitoring consist of long-term system observing
and the control over the condition of the land fund for
timely detection and assessment of changes in
individual indicators characterizing the fertile
properties of land preventing negative processes and
eliminating of effects. Relations on the rational use of
lands and their protection, restoration and
improvement of soil solid fertility, reclamation of lands
spoiled by man-made pollution and destruction,
improvement and conservation of the natural
environment are regulated in accordance with land
legislation of the Republic of Azerbaijan