The environmental law of the Republic of Kazakhstan

The land law of the Republic of Kazakhstan

The international environmental law and principles of environmental law

The environmental law of the Republic of Kazakhstan

UNIT 9. THE ENVIRONMENTAL LAW OF THE REPUBLIC OF KAZAKHSTAN. THE LAND LAW OF THE REPUBLIC OF KAZAKHSTAN

Environmental law is a collective term describing international treaties (conventions), statutes, regulations, and common law or national legislation (where applicable) that operates to regulate the interaction of humanity and the natural environment, toward the purpose of reducing the impacts of human activity.

Environmental law exists at many levels and is only partly constituted by international declarations, conventions, and treaties. The bulk of environmental law is statutory—i.e., encompassed in the enactments of legislative bodies—and regulatory—i.e., generated by agencies charged by governments with protection of the environment.

The Republic of Kazakhstan since independence has paid great attention to the protection of the environment. For these purposes, a number of regulations were adopted. For example, in 1997, three acts in field of environment protection were adopted just, one of which is the Act "On Environmental Protection in the Republic of Kazakhstan." In subsequent years, the Concept of Ecological Safety was adopted. It served as a methodological instrument for the further development of the state of the legal framework for the protection of the environment. This article examines the problems of environmental policy issues across Kazakhstan's independence and which need to be addressed in the present and the future. Reforming of any branch of the law can have their cycles and their patterns. Environmental legislation of Kazakhstan is not exception and has its cycles and its laws. The article highlighted three distinct phases, which are passed through the development of environmental legislation of the sovereign Kazakhstan.

The republic of Kazakhstan adopted: in 2003 - the Land Code, the Water Code, the Forest Code, in 2004 - the Law "On protection, reproduction and use of wildlife", in 2006 – the Law of the Republic of Kazakhstan "On Specially Protected Natural Territories", in 2007 - the Environmental Code of the Republic of Kazakhstan, in 2010 the Republic of Kazakhstan "On Subsoil and Subsoil Use".

Major institutional legislative act is the Land Code the Republic of Kazakhstan, adopted on June 20, 2003. The Code consists of 5 sections, 21 chapters, 170 articles. The law considers the goals and objectives, the principles of the law of the land, structure of lands and land zoning. A significant place in the law is Section II Ownership of land, the right to use land and other property rights to the land", which regulates a wide range of issues of land use and land ownership.

On July 8, 2003, the Parliament of the Republic of Kazakhstan passed the Forest Code. Its structure consists of 9 sections, 20 chapters and 118 articles. The content of this edition of the Forest Code meets current customer requirements and economic realities of modern Kazakhstan. The Code provides an overview of forest legislation, indicates its task and describes the rights and duties of the users of the forest. Section II reveals the competence of state bodies in the field of management, control, conservation and protection, use of forest resources, reforestation and afforestation. Forest tenure issues, their types, terms, conditions and procedures are regulated in section III. The Forest Code also regulates relations on payment for forest management and forest financing, carrying State Forest Inventory and Forest Monitoring.

The Water Code of the Republic of Kazakhstan was adopted on July 9, 2003 by the Parliament of the Republic of Kazakhstan. It consists of 11 sections, 32 chapters and 146 articles. This legislation has a significant role in regulating water relations. The Water Code defines the object of its regulation, the goals and mandates of the water legislation, gives a description of a water resources of the Republic of Kazakhstan. It defines the competence of bodies of state power and administration in the field of water relations, participation of citizens and NGOs in monitoring the protection and use of water, control and expertise in the field of protection of water resources, the state water cadaster, state monitoring of water objects. The main purpose of the Water Code is to regulate relations on water use, types, timing and authority for the provision of water to use rights and responsibilities of users, payment for water use, and grounds for termination of water rights.

One of the main sources of environmental law is the Environmental Code of the Republic of Kazakhstan, adopted on January 9, 2007 by the Parliament of the Republic of Kazakhstan. The Code consists of two parts, 9 sections, 47 chapters 326 articles. The General Part of the Code has 27 Chapters that describes the basic concepts and defines the rights and responsibilities of individuals, fully revealed a number of key competences and activities in the field of environmental protection.

Also, this part of the code examines the economic regulation of the environment protection and use of natural resources, the types of environmental control, environmental monitoring and inventory. Chapter 17 "The state registration of polluted areas" considers the objectives and principles of accounting polluted areas. A special place in the Environmental Code is section VI Zones of ecological emergency and environmental disaster", where clearly itemized concept, the declaration of separate territories as zones of ecological emergency or environmental disasters and the features of legal regulation in the areas of environmental emergencies and environmental disasters.

The special part begins with a describing of general provisions on environmental requirements. Chapter 30 provides the establishment of environmental requirements in nearly all types of activities. Chapter 40 gives a detailed description of the environmental requirements for the production and use of potentially hazardous chemical and biological substances, genetically modified foods and organisms. Chapter 42, "Environmental requirements for waste management of production and consumption", defines the types of production and consumption waste (art. 286), the classification of hazardous waste. Of particular importance is Section IX, which considers the liability for environmental harm and the resolution of environmental disputes.

In May 2013 in Astana, the Environmental Forum was organized by the Bar Association in the area of subsoil use with the support and participation of a number of the major oil and gas producing companies. The main subject of the forum was the draft law "On amendments and additions to some legislative acts of the Republic of Kazakhstan on issues of ecology"... According to this bill developers, which are mainly the Bar Association, raised the question of the introduction of significant changes and additions to the Environmental Code of the Republic of Kazakhstan. First of all, it should be noted the complexity of the problems addressed by the draft law. In fact, all of the changes and additions to some legislative acts on environmental issues can be grouped into the following legal institutions:

Institute of issuing permits for emissions into the environment;

Institute of economic incentives for environmental activities;

Institute of liability for environmental violations;

Institute of production and consumption waste.

Under these institutions it has been considered a range of issues that involve changes of the content of the conceptual apparatus, reforming of the functional responsibilities of the special authorized bodies, use of new methods to stimulate economic activity of environmental protection. Proposed novels of the bill for developing of the institution of issuing legal placements are multidimensional phenomena and can be recognized as the profoundly positive. In total developers of the bill proposed to make 223 amendments into the Environmental Code. During the last 7 years there have been made 7 changes and additions into the Environmental Code. And at the present moment 155 Articles of total 323 are set out in the new amended version. It turns out that many of the rules of the Environmental Code and the Environmental Code itself is subject to serious reforming.

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