Lecture 2

Subject: History and sources of environmental law.

Status of legal regulation of environmental human rights.

Recognition and regulation of environmental rights of citizens - one of the most significant innovations of the developing legislation. It is therefore particularly important that this kind of rights recognized by the Constitution of the Republic of Kazakhstan, according to which citizens and their associations have the right to private ownership of land (v. 6), everyone has the right to a healthy environment, and that are directly related to the variety of rights, each have the right to work in conditions that meet the requirements of safety and health, and to health and medical care (art. 85 of the Decree of the President of Kazakhstan, having the force of the Act of 22.12.1995).

According to the Law dated 08.07.1994, "On sanitary and epidemiological welfare of population" citizens have the right to:

- A favorable habitat (including the environment, labor, housing, welfare, recreation, education and training, nutrition, consumed or used by the products of the economy), the factors which should not have dangerous and harmful effects on the human body present and future generations (Art. 3);

- The timely reimbursement of the full damage from the damage caused to their health as a result of violations of sanitary regulations, which entailed the rise of mass infectious and (or) non-communicable diseases and poisoning people, as well as occupational diseases;

- The amount of damages to human health shall be collected from enterprises, institutions, organizations and citizens voluntarily or by court decision (Art. 53);

- Reimbursement of additional expenses medical and sanitary-epidemiological institutions enterprises, institutions, organizations and citizens made ​​voluntarily or by court decision (Art. 53, para. 3).

The system of environmental rights of citizens can distinguish the right to natural resources, t. E. The use of natural resources to meet the diverse needs of man - ecological, recreational, aesthetic, scientific and cultural. Citizens' rights to natural resources are regulated by legislative acts of the natural resources - earth, water, forest code, the law "On Subsoil", "On Wildlife" and others.

Rights-governmental environmental groups

Citizens' ability to enforce and protect their environmental rights increased by combining efforts through the creation of environmental organizations, endowed with more power than individuals.

Environmental and other associations that provide ecological services should have the following rights:

a) To develop, adopt and promote their environmental programs to protect environmental rights and interests of the population, to develop environmental awareness, attract volunteer citizens to active environmental performance;

b) at their own expense and voluntary labor participation of the population to perform work on the protection and restoration of natural resources and improvement of the environment, to provide all possible assistance to the public authorities in combating violations of environmental legislation, set up public funds for the protection of the environment and spend them on hold environmental measures;

c) to recommend their representatives to participate in the state ecological expertise on the design and placement of objects, conduct public ecological expertise, require an administrative or judicial annulment of the placement, construction, and operation of environmentally harmful objects on the limitation, suspension, termination, or realigning their activities;

g) to require the provision of timely and reliable information on environmental pollution, measures for its protection;

d) To organize meetings, rallies, pickets, marches, demonstrations, collecting signatures, go to the proposal for handling projects referendums;

e) require the appointment of the state ecological expertise, act outlining the environmental platform in the media;

g) to raise questions about the prosecution of the guilty officials, present in court or arbitration court (Supreme Court) claims for damage to health and property of citizens caused environmental offenses (Art. 31 of the Constitution of the Republic of Kazakhstan).

Analysis of existing legislation in the field of environment and human and civil rights allows to distinguish two main ways to protect environmental rights: a) self-defense and b) protected by state institutions or state protection. The share of each of these methods in the real mechanism of protection of environmental rights of citizens in the country may depend on many factors, including the degree of democratization in the field of environmental protection, the real participation of citizens in the preparation and environmental decision-making and control over their implementation.

Protection of environmental rights of citizens in general courts

Constitutional recognition of the principle of separation of powers and the allocation in the structures of the judiciary implies a qualitative change in the role, authority and influence decisions of courts in public affairs, in particular in the field of environmental protection, on the one hand, and opens up for the citizens of the new legal ways to protect their environmental rights interests and - on the other.

Citizen's right to legal action as a universal legal protection allows defend not only the interests of the plaintiff, but, ultimately, the entire society, thus contributing to the rule of law.

Duty of every citizen on the protection of nature and respect for the natural resources

In Art. 38 of the Constitution of the Republic of Kazakhstan reads: "Citizens of the Republic of Kazakhstan must preserve nature and protect the natural wealth", and in Art. 31 of the Constitution states:

1. The State shall endeavor to protect the environment that is conducive to human life and health.

2. Concealment by officials of facts and circumstances endangering the life and health of the people responsible in accordance with the law.

It is important to pay attention to the subjects of this duty. Every man and citizen in contact with nature (environment) during their life being in various capacities - as a resident of the town or other locality, and as an employee, including the officer. Without corresponding duties and rights of freedom "hang" without being to ensure proper actions of other individuals, organizations, states, on which the normal implementation of these rights and freedoms. Given the obligation to ensure the rights of citizens, the state has the right to require them to lawful behavior that conforms to the standards enshrined in the legal norms.

Дата добавления: 2014-12-16