Model Law
ABOUT HONEY BEE NATIONAL PARKS
This law regulates the legal relations of National Honey Bee Parks (hereinafter referred to as "bee park") as a unique opportunity to preserve the bee society and bee gene pool, and defines the legal basis for the establishment and operation of such parks.
CHAPTER 1
GENERAL PROVISIONS
Article 1. Basic concepts used in this law
The following basic concepts are used in this law:
national park- an area of international and/or state importance representing environmental, scientific, historical-cultural, aesthetic, recreational values, which due to the combination of natural landscapes and cultural values can be used for scientific, educational, recreational, cultural and economic purposes, and for which defined is a special protection regime.
national bee park - an area separated from the territory of a national park or reserve, where the legal regime established by this law for the preservation and development of bees operates;
Organic beekeeping - the only vulnerable beekeeping farm in the National Bee Park, which has received the appropriate certificate in accordance with the legislation of the country in question,
Beekeeper of the National Park - a natural or legal person engaged in beekeeping in the National Park of Bees with a license meeting the requirements set by the authorized body of the state management of the field of agriculture (hereinafter referred to as the authorized body),
bee family - a family of honey bees living in the same beehive or hive (nest), which consists of worker bees, brood (male bees) and a mother bee;
beehive - a man-made building to ensure the livelihood of the bee colony.
apiary - a set of bee families, which is provided with the necessary property and accessories for beekeeping;
pedigree apiary - an apiary that meets the requirements for pedigree apiaries by origin and characteristics;
bee swarm - a form of reproduction of bees under natural conditions, a new family formed independently from the main bee family by laying eggs.
gene pool of bees - a bee species or subspecies endowed with certain genetic characteristics, expressing the completeness of the hereditary characteristics of the species, formed by natural selection under certain climatic conditions, having a certain set of characteristics transmitted from generation to generation,
organic bee products - honey, royal jelly, eye wax, beeswax, pollen bee venom, etc.
apitherapy - disease prevention or treatment with bee products,
apiary passport - a document of the form established by the authorized body regarding the veterinary-sanitary condition of bee colonies,
beehive management plan - an official document defined by the state authorized body for the protection of the given area, development of beekeeping activities,
certification body - an accredited legal entity carrying out organic product certification activities;
recreational zone of the bee park - a site separated from the territory of the national bee park, where the organization of tourism and related service is allowed.
Article 2. Legislation on beehives
1. Relations in the fields of formation, management, protection, use and restoration of beehives are regulated by the Constitution of the given country, this law, the Law on Beekeeping, the Law on Organic Agriculture and other legal acts.
2. If the international agreements concluded by the state define other norms than those stipulated by this law, then the norms of the international agreements shall be applied.
3. The legal norms of other legal acts related to beehives that conflict with this law are subject to application taking into account the legal regulations of this law.
Article 3. Problems of legislation on beehives
The problems of legislation on beehives are:
a) guarantee the normal existence of bee colonies, excluding the negative influence of the human factor on their existence and reproductive processes,
b) guarantee the organization of exclusively organic beekeeping in national parks,
c) ban the use of chemical substances, including pesticides, in the areas of beehives within a radius of at least 6 km;
d) exclude the migration of bee diseases,
e) to guarantee biodiversity in beehives,
f) preserve the gene pool of bees, promote its improvement,
g) promote the development of organic apitherapy,
h) contribute to the formation of a caring attitude towards bees among people.
Article 4. Creation and management of national bee parks
1. National bee parks are created by the decision of the Government.
2. The lands of the national bee parks are the property of the state. In order to ensure the integrity and protection regime of national bee parks, their recreational and economic zones, in addition to state-owned lands, may also include lands belonging to other owners.
3. National bee parks of local importance can be created also on lands considered to be communal or private property.
4. Regardless of the form of ownership, the management of national bee park areas is carried out in accordance with the procedure established by the legislation of the country, according to the regulations and management plans of national bee parks approved by the Government.
5. The fiduciary management contract for national bee park areas areas is concluded as a result of a tender for a period of up to 10 years.
6. Legal and natural persons place national bee parks in the apiary in the designated land areas, observing the relevant veterinary sanitary and rules for keeping organic bees. The beehives are placed at a distance of not less than 3 km from each other.
7. Veterinary sanitary rules in national bee parks shall be defined by the state authorized body in the field of healthcare.
Article 5: Of National Bee Parks Management Plan
1. The national bee park management plan (hereinafter referred to as the management plan) is drawn up according to the methodological instructions approved by the authorized state body.
2. The management plan includes:
a) basic information about the national bee park, including a description of the ecosystems and their components (including their resources, condition and threats) and an assessment of their changes in the past period and development prospects;
b) zoning, boundaries, biological diversity, including distribution of biological resources, land use and other thematic maps and plans of the national bee park area;
c) socio-economic and natural use characteristics of the national bee park area;
d) interested parties participating in the protection and use of the national bee park area;
e) the annual plan and schedule of actions aimed at preventing the negative anthropogenic impact and the consequences of global warming based on the monitoring data of the national bee park area;
f) costs and funding sources necessary for the protection of the national bee park area, scientific research study and other works in it,
g) the map of the location of bee farms in the territory of the national bee park,
h) the volume and quality indicators of honey products expected by each beekeeping in a given year,
i) conditions of sale of bee products produced in the national bee park.
CHAPTER 2:
POWERS OF THE GOVERNMENT OF THE REPUBLIC OF ARMENIA, AUTHORIZED STATE BODY, TERRITORIAL STATE GOVERNMENT BODIES, LOCAL SELF-GOVERNMENT BODIES RELATED TO NATIONAL BEE PARKS
Article 6. Powers of the Government
The competences of the Government in the field of creation, separation, management, protection and use of national bee parks in the country are:
a) formation of the state policy for the formation of national bee parks, approval of the strategy;
b) approval of state programs in the field of protection and use of the national bee park;
(c) approval and review of management plans for national bee parks;
d) defining the order of creation of national bee parks;
e) approval of the charters of national bee parks;
f) defining the order of organization and implementation of monitoring of national bee parks
g) approval of the procedure for conducting a tender for the fiduciary management of national bee parks;
h) approval of the model form of trust management contract for national bee parks;
i) approval of the order and conditions of state support to national bee parks,
j) Other powers established by the Constitution and this law.
Article 7. Competences of the state management body authorized by the government (hereinafter referred to as the authorized state body) in the field of establishment and operation of national bee parks
The powers of the authorized state body in the field of formation and operation of beehives are:
a) development of the state policy and strategy for the establishment and operation of national bee parks;
b) development of state programs and management plans in the field of formation and activity of national bee parks;
c) approval of management plans for national bee parks of local significance;
d) implementation of monitoring of territories of national bee parks;
e) defining the order of sale of fruit products produced in national bee parks;
f) implementation of state control over the fulfillment of legislation requirements in the territories of national bee parks;
g) Issuance of permits for the use of territories of national bee parks in the manner prescribed by the Government's decision.
h) acceptance of reports from legal entities carrying out protection and regulation of use of beehives;
j) submission of recommendations to the Government regarding the terms and conditions of granting national bee parks, borders to individuals or legal entities;
l) adoption of by-laws related to the organization of tourism in national bee parks;
l) approval of the form of the uniform of the employees of the protection service of the legal entity carrying out the protection of national bee parks, the procedure and conditions for wearing it;
n) other powers defined by legislation.
Article 8. Powers of territorial bodies of state administration
The competences of territorial bodies of state administration in the field of protection and use of national bee parks are:
a) participation in the development of state programs and management plans related to national bee parks;
b) support to services implementing the protection of national bee parks;
c) other powers defined by legislation.
Article 9. Powers of local self-government bodies
The competences of local self-government bodies in the field of protection and use of national bee parks are:
a) participation in the development of state programs and management plans related to national bee parks located within the administrative boundaries of the municipality and their implementation within their jurisdiction;
b) support for ensuring the protection regime of national bee parks located within the administrative boundaries of the community;
c) submission of recommendations to the authorized state body regarding the establishment of national bee parks of local importance located within the administrative boundaries of the municipality;
d) organization of protection, use, monitoring and scientific studies of bee national parks located within the administrative boundaries of the community, development of management plans;
e) providing the necessary information to the authorized state body regarding national bee parks of local importance located within the administrative boundaries of the municipality;
f) support for increasing public awareness of bee national parks, as well as development and implementation of scientific and educational programs;
g) other powers established by law.
CHAPTER 3:
CONSERVATION REGIMES OF NATIONAL BEE PARKS
Article 10. Purpose of conservation of bee national parks
The purpose of conservation of bee national parks is to:
a) to ensure the uninterrupted operation of national bee parks, the normal development of natural ecosystems, biological diversity and landscapes, natural heritage of these areas;
b) exclude or mitigate any activity contributing to the disturbance of natural processes;
c) detect and prevent offenses committed by nature users, as well as by persons entering the territory of national bee parks;
d) ensure the implementation of the established regime for national bee parks.
Article 11. Conservation regime of the National Bee Park
It is prohibited in the territory of the National Bee Park:
a) use of water resources through water systems and any activity that violates the water regime;
b) construction and operation of economic and residential facilities, roads, pipelines, power lines and other means of communication, with the exception of the construction of facilities necessary for the operation of the apiary (forester's cabin, barrier, boundary marker, etc.);
c) violation of living conditions of representatives of flora and fauna;
d) hunting, fishing.
e) introduction and use of new species of animals and plants, genetically modified organisms (species) obtained through biotechnology, as well as any work carried out to increase or decrease the number of individual species;
f) procurement of plants, flowers, fruits and seeds;
g) deforestation, livestock grazing, grazing and other violations of vegetation cover;
h) the use of pesticides for the purpose of plant protection, as well as the use of mineral fertilizers;
i) production, use and storage of radioactive materials and waste, as well as other materials dangerous or toxic to human health and the environment;
j) geological survey works that cause soil cover disturbance;
k) exploitation of mineral deposits, deposits, placement of mineral processing facilities;
l) driving and parking of motor and crawler vehicles outside the road network or in places not intended for it, outside of public roads and waterways;
l) any other activity that violates natural systems and objects or threatens their preservation.
Article 12. Implementation of the protection of the National Bee Park
1. Protection of the National Bee Park, in accordance with the protection regimes established by this law, is carried out by:
a) in the areas of the international and republican significance of Meghnu National Park, the legal entity ensuring the protection regime of the given area;
b) in the territories of the Bee National Park of local importance, the local self-government bodies.
2. Relations between legal entities or local self-governing bodies and other land owners ensuring the protection of national bee parks are regulated in accordance with the law.
3. The costs of protection of national bee parks in state-owned areas, scientific studies and environmental measures in them are financed from the funds allocated from the state budget, the income of beekeeping farms, payments received for the provision of various services in these areas, sponsorship, donations, as well as other financial means not prohibited by law. :
4. The costs of protection of national bee parks and implementation of environmental measures in communally owned areas are financed from the funds allocated from the state budget, from the municipal budget, from the income of beekeeping farms, at the expense of patronage, donation and other financial means not prohibited by the legislation.
Article 13. The rights and responsibilities of the employees of the protection service of the legal entity carrying out the protection of national bee parks
1. The rights and responsibilities of the employees of the protection service of the legal entity carrying out the protection of national bee parks are:
a) Fulfilling the requirements of the environmental norms and rules defined by the Charter of the National Bee Park.
b) to prevent any action that violates the established regime in the National Bee Park;
c) to have an appropriate identity document while performing official duties;
d) to keep, carry, use service weapons, ammunition, rubber sticks, means of self-defense (tear gas, body armor) and wear a uniform in accordance with the law;
e) check the offender's identity document;
f) to carry out other activities related to the protection of beehives in the manner and in cases defined by laws and other legal acts.
2. The rights and responsibilities defined by this article also extend to the persons carrying out the protection of the Bee National Park in communally owned areas.
Article 14. Supervision of National Bee Parks
The control of national bee parks is carried out by the authorized state body in accordance with the Law "On Environmental Control".
CHAPTER 4:
USE OF AREAS OF BEE NATIONAL PARKS
Article 15. Users of the territories of national bee parks
The state, represented by an authorized state body, communities, physical and legal entities can establish beekeeping farms in the territories of national bee parks.
Beekeeping farms are established in the mode of permanent location, they are not subject to relocation.
Bees hibernate in natural conditions.
Individuals and legal entities are obliged to have a sanitary passport of apiaries. Management and delivery of the sanitary passport is carried out by the authorized body.
Article 16. Use of territories of national bee parks
In accordance with the legal regime established by this law, the following forms of activity are allowed in the territories of national bee parks:
a) establishment of organic bee farms, breeding of bee colonies,
b) establishment of pedigree apiaries, preservation of the gene pool of bees,
c) production, storage and sale of organic bee products in the prescribed manner,
d) organization of apiological studies,
e) organization of bee tourism.
It is forbidden to destroy beehives and other natural habitats of honey bees, as well as to return natural swarms to the beehive.
Quality control of bee products produced in national bee parks is carried out by the state authorized body.
Individuals and legal entities are obliged to have a sanitary passport of apiaries. Management and delivery of the sanitary passport is carried out by the authorized body.
Article 17. The rights and responsibilities of users of the territories of national bee parks
1. The user of the territory of national bee parks has the right to:
a) to select the forms of use of the territory of the National Bee Parks defined by Article 16 of this law;
b) to realize the products obtained from the use and manage the incomes in the prescribed manner.
2. The user of the territory of national bee parks is obliged to:
a) act in accordance with the requirements of the legislation;
b) to ensure the protection of the land allocated to him from the territory of the beehive and sanitary and hygienic norms, not to violate the integrity of natural ecosystems;
c) not to hinder the official carrying out the protection of the territory of the beehive to perform his official duties;
d) timely pay the fees for using the territory of the National Bee Parks;
e) not to violate the rights of other users of the territory of the National Bee Parks,
f) develop the organic beekeeping management plan and maintain the apiary passport in the prescribed manner.
Article 18. Termination of the right to use the territories of national bee parks
The right to use the territory of national bee parks ceases:
a) in case of violation of the requirements of this law;
b) in case of voluntary withdrawal or death of the user;
c) In case of liquidation of the legal entity using the territory of the National Bee Parks;
d) in case of expiration of the contract.
e) in other cases, defined by law.
CHAPTER 5:
RESPONSIBILITY FOR VIOLATIONS OF THE PROCEDURE DETERMINED BY THE LAW ON THE OPERATION OF NATIONAL BEE PARKS
Article 19. Violation of the legislation on national bee parks leads to disciplinary, administrative, civil or criminal liability in accordance with the law.