Zhanamanov E. S.
Assistant of the
Department of Customs, fiscal and environmental law, Al-Farabi Kazakh National
University, Almaty.
Kalkashev N.B.
Lecturer of the
Department of Civil, Civil Procedure and Labor Law, Al-Farabi Kazakh
National University.
Environmental requirements for mineral users.
Core according to the Constitution of the Republic of Kazakhstan are the
exclusive property of the state and represent a special state value. Protection
of the environment favorable for life and health, designated in Article 31 of
the Constitution of the Republic of Kazakhstan, as the goal of the state,
establishes the importance of maintaining a favorable environmental condition
for a person [1]. Using the subsoil is carried out in accordance with the
requirements of environmental legislation of the Republic of Kazakhstan.
Environmental safety is one of the main strategic components of national
security of the Republic of Kazakhstan
and the most important aspect of the government's priorities.
The development of the political system and the economy of the Republic of
Kazakhstan subsoil play a key role as they form a great impact on the
international and economic relations. At the same time every day becomes more
and more urgent the issue of increasing the competitiveness of the subsoil and
subsoil risk reduction from the point of view of environmental problems in the
field of subsoil use. Environmental problems and risks with each year becoming
more relevant not only for the society as a whole, but also for users of
mineral resources, which are objects of environmental control by the authorized
state bodies. In the Republic of Kazakhstan the issues of environmental safety
are the most important because of its level of the state depends on the welfare
of the state and society. Risk reduction in the mineral resources - a problem
that must be solved on the basis of effective attraction of investments, the
introduction of advanced technologies, safer methods of development and
rational use of mineral resources.
Under the Kazakhstan's subsoil legislation means the part of the Earth's
crust located below the soil or to the outputs of minerals on the surface, and
in the absence of soil - below the earth's surface and bottom waters, extending
to depths accessible for mining operations. Basics of environmental regulation
are defined at the constitutional level and actually establish the social
responsibility of the owner: "Property obliges its use should also serve
the public good" (paragraph 2 of Article 6 of the Constitution.). The
Republic of Kazakhstan Constitution also provides for the duty of citizens to
preserve nature and protect natural resources. These provisions of the
Constitution of the Republic of Kazakhstan and the existing environmental
legislation are the legal foundation for the implementation of environmental
policy in Kazakhstan. Environmental security is structurally included in the
concept of national security, the ratio of environmental protection. This
approach is based on the constitutional provisions defining the position that
the state aims to protect the environment favorable for life and health. Legal
regulation of relations in the sphere of environmental protection allow the
subjects of these relations in a timely manner to determine environmental risks
and to manage them in order to prevent undesirable consequences for the natural
environment.
Based on the above, this area needs to be optimized in order to improve the
efficiency and effectiveness of state control over the activities of subsoil
users, while maintaining the balance between the administrative-imperious
powers of the authorized state bodies and effective methods and mechanisms of
regulation of relations in the sphere of subsoil use.
In the Republic of Kazakhstan adopted the Environmental Code [2] :, in
which regulations issued legal and regulatory and technical instruments in
order to improve environmental management and improve the efficiency of control
over the activity of natural and legal persons.
These can be assigned the following main responsibilities of the subsoil
user:
-compliance requirements of technical projects, plans and schemes of mining
operations;
-nedopuschenie excessive losses and selective mining of minerals;
compliance with duly approved standards regulating conditions of subsoil
protection, air, land, forests, water bodies from the harmful effects of works
related to subsoil use;
the reduced land plots and other natural objects disturbed while the
subsoil use, in a condition suitable for further use;
-providing preservation exploratory mine workings and drill holes that can
be used in mining and other economic purposes;
Important role in the organization of legal regulation, matching the
interests of environmental safety and economic development, given to the
institutions of state coercion to fulfill environmental requirements, including
primarily an effective environmental monitoring and the application of legal
sanctions for environmental offenses. In general, the state is the main subject
of environmental security. Proceeding from the above, as a strategic objective
of the state policy in the field of ecology is considered the conservation of
natural systems to maintain their integrity and life-supporting functions for
the sustainable development of society and quality of life, improve the health
of the population and the demographic situation, environmental security of the
country. Achieving this goal is only possible through environmental management
and equitable access to natural resources present and future generations, as
well as a favorable environment as a prerequisite for improving the quality of
life and health. This suggests that the legislative regulation of the duties of
subjects of legal relations in the sphere of subsoil use should be based on the
prediction of the possibility of sustainable development of society, based on
the balance of economic, social and environmental component of this activity.
[3].
The law "On Subsoil" contains a number of provisions aimed at ensuring the rational and
integrated use of mineral resources, as well as the preservation of the natural
environment. It establishes the following obligations of the subsoil user in
the field of ecology [4]:
˗ restoration of land plots and other natural objects, damaged as a
result of carrying out mining operations to a condition suitable for further
use;
predicting the environmental consequences of their activities at the design
stage;
˗ conclusion on compulsory environmental insurance contract;
˗ monitoring the status of the subsoil and monitoring of field
development.
Environmental requirements are set by the Environmental Code and a number
of by-laws, as well as in the field of international environmental conventions.
The modern period of development of Kazakhstan is characterized by increased
function of state control and the formation of an extensive legislative
framework in the field of environmental protection.
The law "On Subsoil" reinforce the guarantee against changes in
legislation, according to which such changes are not applied to the subsoil
user, if they worsen the results of its business activities on existing
contracts. In this case, said warranty does not apply to changes in the field
of national security legislation, defense capability, environmental security,
health, taxation and customs.
Disturbances the rules of subsoil use, established by law, the license
agreement may result in civil, criminal, administrative, and disciplinary and
material liability under the labor law. Disciplinary and financial liability is
established by labor legislation and comes for breaking the rules of subsoil
use in the performance of his job description the employee.
Subsoil user performing operations on subsoil use within the safety zone,
is responsible for the damage and losses caused to the environment, natural or
legal persons in case of marine pollution from its contractual territory,
regardless of the guilt of the subsoil user.
The economy must be ecological, and this is possible only when the subjects
of public relations abandon opposition to the laws of social development of the
laws of natural development. This approach demonstrates the need for add-ons in
the area of ownership of economic policy priorities for Subsoil environmental
policy priorities.
Thus, the social purpose of the right of subsoil and subsoil expressed in
ensuring discipline and implementation of the rights and legitimate interests
of participants of relations in the sphere of subsoil use, and the country's
citizens, without which no modern civilized community of people. It is
important responsibility of the state and businesses to the community. The
subsoil belongs to the state, which means that they belong to society as a
whole and its citizens in particular. Summing up, it should be noted that the
objectives of the legislation of the Republic of Kazakhstan on subsoil and
subsoil use is to ensure economic growth and protect the interests of the
Republic of Kazakhstan and its natural resources.
References:
1. The
Constitution of the Republic of Kazakhstan 30.08.95 http:www.constitution.kz
2. Environmental Code of the Republic of
Kazakhstan 09.01.07 http:online.zakon.kz
3. Vasiliev, M.I
Features of legal harmonization of environmentally sound development.
4. The Law "On Subsoil and Subsoil
Use" of 06.15.2015 http:online.zakon.kz