Kalymbek B.
Kazakh National University named after al-Farabi,
candidate of jurisprudence of the Faculty of Law,
Almaty, Kazakhstan
e-mail: b_kalymbek@mail.ru
Rakhmetova N.Zh.
Kazakh National University named after al-Farabi,
2nd year masters of
the Faculty of Law,
Almaty, Kazakhstan
e-mail: naza.93@mail.ru
The development and formation
of the legislation of the Republic of Kazakhstan on veterinary safety
Abstract.This
article is devoted to the problems of legal ensuring veterinary safety in the
conditions of formation and development of the market in Kazakhstan. It has been analyzed the conceptual problems
of definition of the object of veterinary safety, peculiarities of the legal
status of subjects of veterinary safety; describes the problems of legal
ensuring veterinary safety of the country in terms of integration processes and
globalization of the world economy. In the result of the study formulated theoretical
provisions and recommendations for improving current legislation and its
practical application. This article can be used by the teachers, students,
legal, economic and agricultural educational institutions, academics,
practitioners and entrepreneurs, as well as employees of state agencies.
Keywords: Republic of
Kazakhstan, veterinary safety, agricultural products, livestock products,
agro-industrial activities, environmental protection and natural resources,
veterinary medicine, veterinary and phytosanitary control.
Exploring opportunities an agricultural sector of the Republic of
Kazakhstan, showed that the agricultural potential of republic allows to
produce animal products that provide external and internal needs of the country
and the requirements of ecologically clean products, which gives reason to
recognize agricultural production as one of the priority directions in
development of Kazakhstan's economy.
However, the production of easily accessible for the wide layers of the
population with cheap agricultural products will be difficult as the Republic
of Kazakhstan, according to the common veterinary and sanitary requirements and
standards, recognized as one of the epizootic disadvantaged regions in the
sphere of agricultural activities and agricultural businesses.
The presence of constantly "flashing" of infectious diseases
(Siberian anthrax, plague, tuberculosis, brucellosis, salmonellosis,
colibacillosis, paratyphoid fever, rabies, etc.) do not allow agricultural
producers to realize their production capabilities, most of which are
associated with favourable natural-climatic conditions of Kazakhstan, which is
maximally adapted for agricultural production, including livestock.
As a result, it should be noted that the relevance of the topic chosen
for investigation due to the fact that the problem of providing veterinary
safety of the country require careful attention on the part of legal science,
which should theoretically reflect on the role of the state and rights in its
provision, and to propose legal instruments for its effective implementation in
the context of sustainable development of Kazakhstan. Ensuring veterinary
safety has serious significance for creating favorable conditions for life and
human health, environmental protection and natural resources.
If we turn to the text of the law "On veterinary medicine"
dated 10 July 2002, the concept of veterinary safety is absent, and the
emphasis is on animal health security, under which the legislator means the
state of objects of state veterinary and sanitary control, which will ensure
animal health, food safety of products and raw materials of animal origin,
veterinary-sanitary welfare of the territory, protecting the population from diseases
common to animals and humans, as well as the conformity of objects of state
veterinary and sanitary control requirements of the legislation of the Republic
of Kazakhstan in the veterinary field [1].
The main tasks of veterinary medicine includes the protection of animals
from diseases and their treatment; health protection of the population from
diseases common to animals and humans; ensuring veterinary and sanitary safety;
protection of the territory of the Republic of Kazakhstan from the introduction
and spread of contagious and exotic animal diseases from other countries;
control over safety and quality of veterinary drugs, feed and feed additives;
the development and use of the means and methods of diagnosis, control of
animal diseases and ensuring veterinary and sanitary safety; prevention and
elimination of environmental pollution in the implementation of physical and
legal entities activity in the field of veterinary medicine; development of
veterinary science, training and expertise of veterinarians.
Veterinary medicine is a sphere of special scientific knowledge and
practical activities aimed at studying diseases and food poisoning (losses) of
animals, their prevention, diagnosis, treatment and elimination, compliance of
objects of state veterinary and sanitary control requirements of the
legislation in the field of veterinary medicine and the protection of the
population from diseases common to animals and humans [1].
In the article 13 of law of RK "About state regulation of
development of agroindustrial complex and rural territories" from July 8,
2005 in order to meet the quality and safety of agricultural products to the
international requirements imposed on the state the obligation to: carry out
veterinary and phytosanitary control; to carry out prevention, diagnostics and
liquidation of infectious diseases of animals; the organization of the state
points of artificial insemination of animals, harvesting of animal products and
raw materials, areas on slaughter of agricultural animals, livestock, special
storages (burial grounds) of pesticides, chemicals and containers under them;
veterinary activities aimed at the protection of the territory of the Republic
of Kazakhstan and prevention of spread of diseases common to animals and
humans; damages incurred by the agro-industrial complex as a result of the
seizure and destruction of animals, products and raw materials of animal origin
representing health hazard of animals and humans [2].
In this regard, we should pay attention to the law of RK from July 9,
2004 "About protection, reproduction and use of fauna", which is
aimed at providing conditions for the preservation of the animal world and its
biological diversity, the sustainable use of wildlife in order to meet
ecological, economic, aesthetic and other human needs taking into account the
interests of present and future generations. The legislator under the
protection of the animal world understands the activities aimed at preservation
of species, its habitat and biological diversity, the sustainable use and
reproduction of objects of fauna, and also actions for prevention and fight
against offenses in the sphere of protection, reproduction and use of wildlife
[3].
In
our opinion, the veterinary safety is an integral part of national security, as
no nation can achieve national for failing to protect society from epidemics
and epizootics that expressly provided for in the law of RK "On national
security of Kazakhstan" of January 6, 2012 ¹ 527 [4].
What is an epizootic? It is a massive spread of
especially dangerous and other infectious animal diseases on the territory of
corresponding administrative-territorial unit, which is recognized as one of
the most serious threats to the national security of the Republic of
Kazakhstan. But at the same time, the law of RK "On national security of
Kazakhstan" does not say anything about veterinary safety, and there are
such concepts as "national", "foreign", "information",
"military", "social", "ecological", "economic"
types of security. This legislative omission should be, in our opinion,
removed, and proposed specific measures to achieve security.
On 24th of July 2009 was adopted the
law "On amendments and additions to some legislative acts on the issues of
veterinary medicine" [5].
The main purpose of the law is improvement of legislation in the field
of veterinary medicine by reviewing the state control and regulation system of
veterinary medicine of the Republic of Kazakhstan, the activities of veterinary
organizations, as well as eliminating flaws on ensuring veterinary-sanitary
well-being and safety of food products, veterinary drugs and medicines. The law
specifies the powers of the Central authorized body in the sphere of ensuring
veterinary and sanitary safety. Summing up the study of the formation and
development of legislation on veterinary and safety, we can make the following
conclusions.
In terms of gaining by Kazakhstan of the sovereignty of serious reform
has been subjected to agricultural, veterinary and environmental legislation to
ensure veterinary safety. At first, the law on ensuring veterinary safety
consists of the veterinary legislation and legislation in the field of
protection of health and sanitary wellbeing of the population, protection of
the environment and wildlife, safety of food products. This means that this
area of legislation is complex and multidimensional. Secondly, its formation
and development is influenced by legal reforms in all spheres of the state,
which is accompanied by the emergence of new areas of legal regulation (for
example, veterinary regulation, state registration of veterinary medicinal
products, international cooperation in the field of ensuring veterinary safety.
References:
1. The law of the Republic of Kazakhstan
"About veterinary science" dated on 10 July 2002, ¹ 339
2. The law of the Republic of Kazakhstan
"On state regulation of development of agroindustrial complex and rural
territories" from July 8, 2005 ¹ 66
3. The law of the Republic of Kazakhstan
"About protection, reproduction and use of wildlife" dated on July 9,
2004 ¹ 593
4. The law of the Republic of Kazakhstan
"On national security of the Republic of Kazakhstan" of January 6,
2012, ¹ 527-IV
5. The law of the Republic of Kazakhstan
"On amendments and additions to some legislative acts of the Republic of
Kazakhstan on issues of veterinary medicine" dated on July 24, 2009, ¹
190-IV