Zhanamanov Ye.Sh.

Teaching assistant of Customs, financial  and environmental rights of Al-Farabi Kazakh National University

History and evolution of environmental regulations in the Constitutions of Kazakhstan

The term "constitution" comes from the Latin "constitutio" - install, establish. For the first time this term has found its use in ancient Rome to designate acts issued by emperor. Subsequently, the term "constitution" was used to refer a set of normative and legal acts regulating the basics of organization of society, the government, the rights and freedoms of man and citizen. The Constitution is legal act, which is determined by organization of supreme bodies of the state, calling them to order administration of their functions, their relationships and expertise, as well as basics of position of individual in relation to the government. The essence of the constitution determined with actual balance of political forces in society and reflect real distribution of power in the state. The Constitution of the Republic of Kazakhstan, as an act of higher legal force, acts as a public contract with the government and people with specifically identified mutual rights and obligations [1, p. 12]. Legal norms of the Constitution of the Republic of Kazakhstan related to all spheres of life of the state and society: political, economic, social, cultural. Of course, legal provisions of the Constitution do not regulate in detail and a comprehensive public relations in these areas. They regulate only essential, major part of public relations. These legal provisions of the Constitution of the Republic of Kazakhstan differ from legal norms of other branches of law [2, p. 7]. Like other branches of law, in the field of environmental law, the Constitution of the Republic of Kazakhstan is the basic legal act.

For the first time in constitutional history of development of Kazakhstan special ecological norms were formulated in the Constitution of the Kazakh SSR on April 20, 1978. Undoubted ecological and legal orientation have the following articles of the Constitution in 1978 [3, p. 12-13]- Article 18. "In the interest of present and future generations in the Kazakh Soviet Socialist Republic adopted measures necessary to protect and make scientific, rational use of land and its subsoil, water, flora and fauna, to preserve clean air and water, ensure reproduction of natural wealth and improve human environment. "

- Article 40: "Citizens of the Kazakh SSR have rights to health. This right is ensured ... measures for a healthier environment. "

- Article 65: "Citizens of the Kazakh SSR are obliged to protect nature and conserve its riches."

- Article 75: "The jurisdiction of the Kazakh Soviet Socialist Republic, as represented by its highest bodies of state authority and administration, shall:

- implementation of a uniform social and economic policy, economic management of the Kazakh SSR, providing scientific and technical progress and implementation of measures for rational use and protection of natural resources;

- establish procedures for use of land, mineral wealth, forests and waters; protection of the environment. "

- Article 118. "Within its powers the Council of Ministers of the Kazakh Soviet Socialist Republic:

... Develop and implement measures to ... trational use and protection of natural resources. "

- Article 127. "Within their powers, local Soviets of People's Deputies shall ensure comprehensive economic and social development in their territories; exercise control over compliance with legislation in this area located by enterprises, institutions and organizations subordinate to a superior, coordinate and control their activities in the field of land use, environmental protection ... ".

In addition, the 1978 Constitution had ecological and legal significance in Article 11, which establishes exclusive property of the state on the land, minerals, water and forests, as well as articles 12 and 13, binding collective and citizens effectively, efficiently and take care of the land and its use.

Since gaining independence, the Republic of Kazakhstan ecological and legal norms were reflected in the Constitution of the Republic of Kazakhstan dated January 28, 1993. Article 26 of the Constitution establishes the right of citizens of the republic is favorable for life and health of the environment. Article 46 confirmed exclusive state ownership to land, subsoil, water, flora and fauna, and other natural resources. The introduction to the list natural resources of flora and fauna mean expanding the scope of responsibility of the state in the field of environmental protection.

According to the Constitution of the Republic of Kazakhstan dated 30 August 1995 (paragraph 3 of Article 6), "The Earth and its subsoil, water, flora and fauna, and other natural resources are state-owned. The land may also be privately owned on terms, conditions and within limits established by law. " Recognition of private ownership of land, of course, does not mean lowering the level of environmental protection. Environmental law aimed at environmental protection, regardless of ownership.

In addition to this norm, the 1995 Constitution established the following environmental legal provisions:

- Paragraph 1 of Article 31: "The state shall set an objective to protect the environment favorable for life and health of human."

- Article 38: "Citizens of the Republic of Kazakhstan must preserve nature and protect natural wealth."

- Paragraph 3 of Article 61 refers to competence of the Parliament of the Republic of Kazakhstan "laws that regulate the most important public relations, establish fundamental principles and standards dealing with ... 9) the protection of the environment."

If we compare the constitution number of foreign countries, it is possible to identify such countries, the constitutions of which there is no ecological and legal standards (eg US, UK); State constitutions contain a small number of rules relating to the protection of the environment (Canada, the Netherlands), and finally country detailing environmental law in the Constitution (the Italian Republic, the Swiss Confederation, the Russian Federation).

The US Constitution doesn’t have ecological and legal standards for two reasons: firstly, it was adopted in the 18th century, when issues of environmental protection is rarely raised in legal acts, and if raised, but only as part of Institute for the protection of public or private property; Second, the US Constitution, as well as the Bill of Rights and other amendments to the Constitution, governs a very narrow range of issues concerning only the order of election and powers of the supreme bodies of the state and some other issues.

British Constitution, or rather, a set of legal norms, traditionally called the British Constitution, as is known, consists of a series of written and unwritten sources such as constitutional acts, case law, statutory law, constitutional arrangements and traditions. According to E.A. Vystorobet, " environmental situation in the British Constitution can be found only in its earliest parts. Their consideration is important, rather, for historians studying the development of legislation, than to analyze provisions of environmental legislation "[4, p. 39].

The Constitution of Canada in 1982 contains a number of provisions indirectly related to environmental law. For example, in the Constitution Act, 1982 made "some new elements to existing constitutional order, including clarifications to the distribution of competences between the federal government and federal entities - in the distribution of natural resources of province" [4, p. 41].

The Constitution of the Kingdom of the Netherlands in 2002 recorded only one article (Article 21), which has ecological and legal content: "The authorities are required to maintain the country's conditions favorable for ecosystem , protect and improve the environment [5].

The Constitution of the Russian Federation on December 12, 1993 contains a number of norms of ecological and legal issues. For example, [7, p. 268-272], paragraph 2 of Article 36: "The possession, use and disposal of land and other natural resources shall be exercised by owners freely, if it is not detrimental to the environment and does not violate the rights and lawful interests of other people"; Article 42: "Everyone has the right to a favorable environment, reliable information about its condition and to compensation for damage caused to his health or property by ecological violations"; Article 58: "Everyone shall be obliged to preserve nature and the environment, and care for natural resources," and others.

Based on the above we can conclude that current Constitution of the Republic of Kazakhstan is one of those constitutions, in which ecological and legal regulations are detailed and consistent. It is generally characteristic of the CIS countries, which adopted a constitution, as a rule, after 1991, when environmental law already constituted a separate branch of legal science and the general world to the environmental requirements are quite high. The Constitution of the Republic of Kazakhstan, thus, is the basis of the environmental legislation of the Republic, announcing basic principles of legal protection of the environment, further elaborated in laws and regulations

List of references

1. Konstitutsionnoe pravo Respubliki Kazakhstan: ucheb.-metod. posobie. – Almaty, 2001. – 392 s.

2. Sapargaliev G. Konstitutsionnoe pravo Respubliki Kazakhstan: Akademicheskiy kurs. – Almaty, 2005. – 544 s.

3. Priroda i zakon (Sbornik normativnykh aktov po okhrane prirody). – Alma-Ata: Kaynar, 1984. – 438 s.

4. Vystorobets E. A. Ekologicheskoe zakonodatel'stvo Rossii, Velikobritanii, Kanady i Niderlandov (Sravnitel'no-pravovoy analiz): dis. … kand. yurid. nauk. – M., 2003. – 263 s.

5. The Constitution of the Kingdom of the Netherlands. 1996. The Constitution of the Kingdom of the Netherlands 2002 http:www.minbzk.nl. contents page 00012485 grondwet. UK 6-02.pdf.

6. 20 evropeyskikh konstitutsiy: sb. neofits. tekstov konstitutsiy i konstitutsionnykh aktov sost. G. P. Luparev. – Almaty, 2003. – 762 s.

7. Konstitutsii stran SNG sost. Yu. Buluktaev. – Almaty, 1999. – 416 s.