Tatarinova L.F.
Ph.D., assistant professor
of "Jurisprudence and International Law",
"Turan" University
Republic
of Kazakhstan, Almaty
Problems and prospects of
legal regulation of the "Green Economy" in the Republic of Kazakhstan
(RK)
Annotation. To date, when we observe an increase in the
consumption of energy resources on the one hand and a decrease in their
reserves on the other hand, it becomes obvious that it is necessary to expand
the application of «зеленых» technologies, to develop a «зеленую»economy and «зеленое»
entrepreneurship.
However, nowadays, the current legislation does not
contain norms aimed at regulating the issue under investigation. In this
regard, it is necessary to analyze the concepts of a green economy; analysis of
international and state programs for the development of this direction, and
etc., as well as make appropriate adjustments to the legislation of the
Republic of Kazakhstan.
Keywords: law, regulation, "green economy", system,
modern technologies, EXPO-2017.
Green economy is a new
branch of economic science, which has been widely developed in recent years,
which could not but affect the diversity of its interpretation.
This direction is
defined as a branch in economic science that began its formation and formation
during the last decades, according to which the economy is a dependent
component of the natural environment in which it exists as a part of it.
The concept of green economy includes the ideas of
many other branches of economic science and philosophy as postmodernism,
ecological economics and environmental economics, anti-globalism, the theory of
international relations and many others.
The most ambitious, concise and precise definition is
the following edition of UNEP (United Nations Environment Program): "Green
is an economy that enhances people's well-being and strengthens social justice
in parallel with a significant reduction in environmental and environmental
resources risks."
These definitions do not contain an understanding such
as sustainable development, the concept of which was adopted at the 1992 World
Summit of Heads and Governments of Rio de Janeiro.
It is assumed here that the creation of a green
economy without the creation of sustainable development in a specific region
and on a global scale will be ineffective, moreover impossible.
According to the report of the UN experts
"Transition to the Green Economy: Advantages, Challenges and Risks from
the Perspective of the Development of Sustainable Development", the Green
Economy Concept should be considered together with a broader, by its very
nature, concept of sustainable development [1].
From a practical point of view, the green economy is
an economy in which the welfare of the people and the increase in employment is
a result of public and social investment, providing emission reduction and
environmental pollution, and promote the effective use of resources, in order
to avoid any harm to biodiversity and ecosystems.
Thus, the Rio + 20 summit urged not only to reduce the
production of hydrocarbons and other harmful substances, but to develop new
ways to grow, ensure sustainable use of natural resources and an efficient
economy.
In the business
environment, the green economy attracts a lot of attention from financial
foundations, investments, the government of leading states, entrepreneurs and
consumers, who have channeled their preferences in the direction of building a
green economy.
Energy-efficient
technologies and natural infrastructures investments have already begun to pay
for itself, for example, in Germany through the wood waste press produce
construction materials, in particular the machinery producing honeycomb panels,
has the unique ability to produce hollow honeycomb profiles on the structure of
compressible base material in several layers along the track of the
longitudinal axis (infinite chain). These (internal) honeycomb panels with a
cavity profile can be produced in different sizes, shapes and different
materials. This equipment can be used in various industries. For example, in the food industry for the production
of bakery and confectionery products, sweets, as well as meat and dairy
products. Cavities that are formed during mass production within various
products can be filled with various fillers, while the production process can
be continued and cavities can be filled simultaneously.
The machinery
that produces honeycomb panels for the manufacture of food products is
constructed from stainless steel. It can also be used for the production of
building materials: ceramics, chipboard, paper fiber, gypsum board, carbon
fiber, plastic products and insulating materials. In the serial production of
products / materials, it is possible to fill the cavities formed during the
pressing process with various materials (for example, mounting foam).
As stated in the
doctrinal sources, "The concept of a green economy" includes the
ideas of many other areas in economic science and philosophy (feminist
economics, postmodernism, ecological economics, environmental economics,
antiglobalistics, theory of international relations, etc.) related to the
problems of sustainable development.
Supporters of the concept of "green economy"
believe that the current economic system is imperfect. Although it has given
definite results in improving the living standards of people in general, and
especially its individual groups, the negative consequences of the functioning
of this system are significant: environmental problems (climate change,
desertification, loss of biodiversity), depletion of natural capital,
widespread poverty, lack of fresh water, food, energy, inequality of people and
countries. All this creates a threat to the present and future generations. The
current model of the economy is called the "brown economy" [3].
International organizations and the Government offer a
wide range of methods for transition to a "green economy", but no
full-fledged legal regulation of the formation of a "green economy"
has been developed now.
So, for example, as methods are offered:
- consistent with the principles of sustainable
development of pricing, including the rejection of ineffective subsidies, the
assessment of natural resources in monetary terms and the imposition of taxes
on what harms the environment;
- a policy of public procurement that encourages the
production of environmentally friendly products and the use of production
methods consistent with the principles of sustainable development;
– reforming the systems
of "environmental" taxation, implying a shift in emphasis from the
tax on labor to taxes on pollution;
- Increase in public investment in infrastructure
(including public transport, renewable energy sources, construction of energy
efficient buildings) and natural capital in order to restore, maintain and,
where possible, increase natural capital, consistent with the principles of
sustainable development;– целевая государственная поддержка исследований и разработок, связанных с созданием экологически чистых технологий;
- social strategies
designed to ensure consistency between social goals and existing or proposed
economic strategies.
In
this case, regarding regulatory regulation, we can turn to Presidential Decree
No. 577 of May 30, 2013 "On the Concept for the Transition of the Republic
of Kazakhstan to the Green Economy" [4], which states that "... The
concept of the transition of the Republic Kazakhstan to the "green
economy" will be implemented in three stages:
2013-2020 - during this
period, the main priority of the state will be to optimize the use of resources
and increase the effectiveness of environmental protection activities, as well
as the creation of a "green" infrastructure;
2020-2030 - based on the
formed "green" infrastructure, the transformation of the national
economy aimed at the careful use of water, the encouragement and stimulation of
development and the widespread introduction of renewable energy technologies,
as well as the construction of facilities based on high energy efficiency
standards, will begin;
2030-2050 - the transition
of the national economy to the principles of the so-called "third
industrial revolution", requiring the use of natural resources provided
they are renewable and stable. "
At the same time, the Concept specifies that "...
Measures to switch to a green economy, will be implemented" ... in the
areas: sustainable use of water resources, development of sustainable and
high-performance agriculture, energy saving and energy efficiency, development
of the electric power industry, waste management system, reduction air pollution
and the conservation and effective management of ecosystems ".
Moreover, the Concept stipulates that the
implementation of the transition to a "green economy" will be
regulated by the legislative acts of the Republic of Kazakhstan on the transition
to a "green economy", but at the present time, no full-fledged
normative legal act regulating the "green economy" has been adopted.
However, it should be recognized that only the
presence of the Concept is not able to fully meet the requirements for legal
regulation of this direction. Therefore, it is expedient to create a foundation
for building a legal framework aimed at filling the existing gaps in the
legislation of the Republic of Kazakhstan that regulate practical issues of the
development of "green" entrepreneurship in the country.
Also important is the fact that this Project has a
direct connection with EXPO-2017 is a national project that provides the
opportunity for the Republic of Kazakhstan to acquire new "green" and
energy-saving technologies. Accordingly, research in this area will have a
beneficial impact on the economy and the current legislation of the Republic of
Kazakhstan.
In this regard, we can conclude that as one of the
directions of the legal regulation of "green economy" in Kazakhstan
is the introduction of relevant amendments to existing legislation of the
Republic of Kazakhstan. In particular, it is necessary to introduce criminal
liability of legal persons for environmental crimes.
Considering that the majority of violations of environmental
norms are committed by legal entities, we consider it important to make
additions to the current Criminal Code of the Republic of Kazakhstan [5].
In particular, we believe that it is advisable how to
increase the amount of fines, and to strengthen sanctions by this type of
punishment, such as confiscation of property. Moreover, for such environmental
offenses as Violation of environmental requirements when handling
environmentally hazardous chemical or biological substances (Article 325 of the
Criminal Code of the Republic of Kazakhstan), it is necessary to provide for
punishment in the form of deprivation of the right to engage in certain
activities with the liquidation of a legal entity.
List
of sources used:
1. Как далеко нам еще
до «зеленой экономики» ? // Экологический портал «Зеленая жизнь» www.zelife.ru/ekoplanet/stateeco/10604-greeneconomy.html
2. Кулумбетова Л.Б.
Анализ возможностей Казахстана для перехода к «зеленой экономике» //
G-Global www.group-global.org/ru/publication/17011-analiz-vozmozhnostey-kazahstana-dlya-perehoda-k-zelenoy-ekonomike
3. «Зеленая экономика»
– новый вектор устойчивого развития? // http://www.ictsd.org/bridges-news
4. Указ Президента
Республики Казахстан от 30 мая 2013 года № 577 «О Концепции по переходу
Республики Казахстан к «зеленой экономике» // Казахстанская правда. -
01.06.2013. - № 186-188 (27460-27462).
5. Уголовный кодекс
Республики Казахстан от 3 июля 2014 года № 226-V ЗРК // Ведомости Парламента
РК. – 2014. - № 13-II. - Ст. 83.
Summary.
This article is devoted to the problem of legal
regulation of the "Green Economy" in the Republic of Kazakhstan. The
author analyzes the main directions of the Concept on the transition of the
Republic of Kazakhstan to the "green economy", as well as proposed specific
directions for improving the current legislation in this area.