The state’s policy on natural resources and wildlife protection aims to raise awareness and respect for the fauna, increase the number of animal world objects, and make rational use of hunting resources.
In this regard, on 18 December 2021, the Law of Turkmenistan “On hunting and protection of hunting treasures” was adopted. This Law, consisting of 10 chapters and 56 articles, is sufficiently specified in comparison with the previous similar law of 1998, which has lost its force.
The new Law expands the basic concepts, specifies the principles of the use of hunting wealth, the use of illegally obtained hunting products. The rights and obligations of citizens and public organizations in the field of hunting and protection of hunting wealth have been enriched, the principles of management and the main functions of the hunting farm have been outlined.
In particular, the law provides for the possibility of concluding an agreement and a hunting management contract.
The hunting farms conclude an agreement with the authorized body and the relevant local administration body draw up a contract on the management of the hunting farm.
The legal entities that have signed an agreement to establish a hunting farm may be granted land plots and forest lands from state-owned lands.
The regulatory document also highlights the issues of illegal hunting (poaching) and prohibitions during hunting.
Hunting is prohibited outside of the hunting season, in areas other than hunting farms, and for wild animals and birds listed in Turkmenistan’s Red Book.
Members of the Society of Hunters who use hunting areas, as well as individuals who pay state fees and membership fees and have received a membership certificate, have the right to hunt on the territory of Turkmenistan.
Foreigners can also use hunting reserves on the basis of the permission of the authorized bodies.
The scope of powers of officials of the authorized body responsible for hunting legislation monitoring has also been widened by the new law. This duty is assigned to state inspectors, the list of which is approved by the Cabinet of Ministers.
The state inspectors have already exercised the right to check the documents of hunters; to carry out a personal search of hunters, stop for inspection of hunters’ floating and land vehicles, to inspecthunting guns and other hunting tools; to seize from violators hunting licenses, weapons and ammunition, other hunting tools, illegally obtained hunting products, floating and land vehicles, as well as relevant documents.
The state inspector is authorized to:
- consider cases of administrative offenses and apply administrative penalties;
- determine the amount of damage caused to hunting wealth, and on this basis, to make demands to the guilty persons for voluntary compensation for this damage or to file a lawsuit about it;
- draw up acts in case of detection of violations of the hunting legislation and submit documents to the relevant authorized bodies for further measures;
- wear a special uniform with distinctive signs;
- use special equipment not prohibited by law (whistle, baton, sound-amplifying technical devices, means of communication, distinctive lighting on vehicles and others).
About the author: Ramilya Delmuhametova – Rima – is a retired lawyer with over 40 years of experience in administration and civil law.
/// nCa, 10 February 2022