Abykanova A. B.

Master of 2 courses of department of ecology and finance

Law faculty, Al-Farabi Kazakh National University

 

Dzhangabulova A. K.

Candidate of  Law Sciences, acting associate professor

 

Questions of legal regulation of the public relations arising in usage time of the alternative and renewed power

 

Sustainable development of society depends on production of widely used goods. Production of these goods creates conditions for ensuring material and social demands of the people.

By achievement of such sustainable development use alternative or renewables is as windy energy, solar energy or water energy.

Energy - one of questions at issue of world economy. Recently, sources of alternative energy were discussed at world level, and also is globally useful. In comparison with production of oil and other funds leading to division of huge volume of dangerous gases in the atmosphere, use of alternative energy sources don't change a power condition of the planet. These qualities are a basis of formation of the optimistic forecast of the next decade and prosperity abroad of sources of renewable energy. Kazakhstan for preservation of this future has brought up a question of transition to alternative types of energy, propagandize development of sources of useful alternative energy for mankind, offer new technologies of this direction in the country [1].

Using an infinite stock of renewable energy, Kazakhstan not only steadily develops, without being limited to production of the precious electric power which is expensive goods of consumption also opens the steady and competent jobs in the sphere of construction, electrical equipment, mechanical engineering industry and power.

With richness of Kazakhstan on sources of fund of energy, he has a huge potential on production of sources of renewable and alternative energy.

During general production of renewable energy for reasonable price, there will be such advantage as steady sale at the cheap price of this type of energy, positive influence on economic-social development of the country, opening of new jobs on production, preservation of purity of the environment and leaving of sources of renewable energy to future generation.

Also, Kazakhstan opens the road to production of goods of great demand in types the international and labor spheres of power production.

Not only it is useful minerals provide the international competitiveness of Kazakhstan, also sources of inexhaustible energy. If to consider examination of professor of Harvard University Michael Potter, on the basis of the international competitiveness lies:

1. conditions

2. market

3. communication of ancillary industries

4. strategy and structure of achievement of steady competition.

If to consider examination of the scientist, in Kazakhstan there are all opportunities of preparation of the world project of green economy since a stage of scientific design to a stage of practical work and construction and introduction to applications.

"As the President N. Nazarbayev has noted  in Strategy " Kazakhstan – 2050", Remaining the large player in the market of hydrocarbonic raw materials, we have to develop production of alternative types of energy, actively introduce the technologies using energy of the sun and wind. For this purpose we have all opportunities. By 2050 in the country not less than a half of all cumulative energy consumption has to fall on alternative and renewable types of energy. Transition of the country on "green" pass has to let powerful inspiration on the which is coming in Astana EXPO – 2017.

Among him legal regulation of the public relations arising when using alternative and renewable power engineering occupies an important role. Here therefore with undertakings of UNESCO and support of the countries of members of the United Nations (UN) and the interested organizations, since 90 years have been taken in hand of a measure for realization of the ideas of use new types of energy.

Alternative power engineering is an obtaining energy not through traditional fossil sources (coal, oil, gas), and from the sun, through use of different temperature from geothermics sources, etc. To him also the mixed power sources enter. In certain cases, if add nuclear power to alternative power engineering, in the second case don't include. In comparison with traditional power, to sources of alternative power engineering peculiar ecological containment [2].

For today's time the public relations arising when using alternative and renewable power engineering are regulated only within water and windy power. However, it doesn't mean that, development of this alternative and renewable power engineering is limited to it.

The concept of transition of the Republic of Kazakhstan to "green economy" through increase in living conditions and welfare of the people of Kazakhstan, entry into number 30 of the developed countries of the world reduces wear of natural resources and load of the environment, for transition to economy of a new form bases for systematic updates are created.

In transition to "green economy" we are faced by the following main main tasks:

1) use of resources (water, wind, biological and others) and increase in efficiency of their management;

2) updating of infrastructure, structure of new;

3) in a profitable way of mitigation of pressure upon the environment improvement of quality of the environment and welfare of the people;

4) increase in national security, among them there is an increase in water safety.

By calculations by 2050 updates within "green economy" will raise in addition general internal production for 3 percent, an opportunity to establishment over 500 thousand new jobs, to formation of new branches of rendering services and the industry, providing standards of high-quality accommodation for the people. Social advantages of fast transition to alternative a power source, this increase in demand for this energy in cases of limited depletion of sources of traditional energy, sharp increase in a sichlennost and population density.

For this time it is created necessary to our country standardly – legal base in the sphere of power: laws are adopted, besides, 12 resolutions of the government of RK, 4 orders of the Ministry of the industry and new technologies (MINT) are approved, the Comprehensive plan of increase in energy efficiency of the Republic of Kazakhstan for 2012 - 2015 realizuyutsya. On the scale of a comprehensive plan comprehensive plans in areas, in the cities of Astana and Almaty, branch public authorities have been prepared and approved (The Ministry of Transport and Communications (MTC), in the Agency of the Republic of Kazakhstan for construction and housing and communal services, the Ministry of Health (MH), the Ministry of Agriculture (MA), in the Ministry of Education and Science. Also, in the industry works are continued on ensuring technical regulation of the industry.

Due to these the Concept on transition to "Green economy" is implemented by three stages:

2013 – 2020 - at this stage efficiency the nature of protective activity increases and there is a rationalization of use of the main main resources of the state, "green" infrastructure is created.

2020 – 2030 – on the created base of "green" structure of an  begin rational use of water, the increased development of technologies of renewable power, stimulation and further use, and also on the basis of high standards of efficiency of energy begins renewal of national economy;

2030 - 2050 – transition to the principle the "third industrial revolution" demanding the principles of stability and renewal of natural resources of national economy.

Recently constructed subjects to use of sources of renewable energy despite use term, and a step newly the updated objects are connected to close points electro or heat of networks of the power giving organizations suitable to parameters warmly to conveyors in the general network of the equipment by heat or classes of a pressure [3].

Giving of electro energy to electro networks of uniform system of electro power industry of the Republic of Kazakhstan – a inclusion on a priority order electro energy from subjects to use of sources of renewable energy during formation of daily dispatching tables of consumption.

Connection of subjects to use of sources of renewable energy requires expansion used electro and heat of networks of the organizations giving energy and it is necessary to reconstruction, realizing also including power the giving organizations in tariffs of the organizations for an order specified in the legislation "About natural monopolies and regulated markets" the Republic of Kazakhstan of due expenses.

At the moment development of use of sources of renewable energy in Kazakhstan at an initial stage. However, considering the huge capacity of the state, investment in this the energy sector every day everything potentially pleasantly and it is useful.

For creation and adoption of any bill drawing up and adoption of the Concept is a basis. However, the ideas, that is the directions and powers of the concept don't find reflection in standards of the adopted Law. The situation is formed as a result of different following factors; small term of drawing up and adoption of the bill, procedure of obligatory coordination of a text of the bill  by different public and not public authorities and structures, changes of structure of the working group of the bill, etc.

It is necessary to consider a legal mechanism of coordination of the provisions approved in the Concept with the bill, with standards of this bill. Thus, the main idea of the Concept of the bill "About Increase in Power Preservation and Power Equipment" is drawing up effective system of stimulation of the power equipment, increase in power preservation, however, during a release of the bill doesn't remain any the main, main standard of provisions.

Today the aspiration about stimulation of use of sources of the renewable energy announced by Kazakhstan is considered as the declaration. However, important branch – for regulation of the relations in the sphere of sale of the made energy important discounts are considered, they are in the future made in the future to interest investors in projects on use of sources of renewable energy. For stimulation of development of sources of renewable energy, increase in power preservation and power increase obviously to need of carrying out legislative works. Offered tax and customs Sitka at implementation of these projects it is necessary to approve legislatively.

For development of sources of renewable energy and increase in an electro effectiveness it is necessary to consider legal norm in concerning the following:

- special means of crediting (renewable funds, credit amendments);

- financing of  by third persons;

- tax discounts for investment activity;

- complex use of power certification;

- informing, programs and the companies concerning education [4].

Today Kazakhstan is one of the main directions of development of power industry and the solution of environmental issues implementation of programs for preservation of energy resources and use of sources of renewable energy.

In Kazakhstan the potential of resources of renewable power (water power, wind power and light) is very important. However, despite it, the percent of the alternative energy manufactured in Kazakhstan makes only 0,4% of total amount.

For the territory of Kazakhstan only the following types of sources of renewable energy are perspective: small hydroelectric power stations, installation light for production electro and heat of energy.

In the world one of dynamically developing type of sources of renewable energy is the power of wind. From the geographical and meteorological point of view Kazakhstan is the favorable state for large-scale use of wind power.

State regulation in the sphere of use of sources of renewable energy is implemented for reduction of influence on the environment of sector of production electro and heat of energy and capacity of energy of economy, for increase in sources of renewable energy in production electro and heat of energy in the Republic of Kazakhstan is necessary using sources of renewable energy, to create favorable conditions to production electro and heat of energy.

In my opinion, creation of the legislative base is the satisfying factor of development of alternative power engineering in the Republic of Kazakhstan. Because, the legal basis of use of devices of the independent producers of energy giving energy and determining the addition price in networks to the organizations of energy is created.

 

References:

1. Germanovich V., Turilin A. Alternative energy sources. Practical designs on use of wind power, the sun, water, the earth, biomass. M.: Science and technology, 2011.

2. L.S. Yudasin, "Power: problems and hopes", M., "Education", 1990.

3. Zharkov S.V. How to estimate efficiency of power supply//the Power engineering specialist. 2008. No. 8. Page 4-9.

4. Andriyezhiyevsky A.A.,  Volodin V. I. Energy saving and power management: manual. 2nd edition, Mn.: The higher school, 2005. 294 pages.