Oryntayev Zh.K
Kazakh National Pedagogical University named after Abai
Some theoretical and legal problems of environmental
protection and rational use of natural resources
This article attempts to reveal the essence of the legal basis management
in the sphere of environment protection, its state and legal mechanisms,
principles and system of normative legal acts regulating relations in this
area.
The problem is actualized in connection with continuing negative impact of a man
on nature. And is problem of the Aral Sea, and the problems of the Semipalatinsk nuclear test site and a number of other problems
existing in the country today and
still not fully resolved as in practice and so in
law. Meanwhile, the Constitution of the Republic of
Kazakhstan article .31., p.1.directly provides: The state takes the good to
protect the environment that is conducive to human life and health" [1].
Ensuring environment sustainability, reduction of natural resources and
environment protection is a complex and multifaceted problem, including the
implementation of complex technical, economic, sanitary, scientific,
ideological and organizational measures, etc., in a system where the special
roles are played by legal bodies.
Their deep individual analysis and in
their entirety relationships can ensure the success of constructing harmonious relationships
between society, technology and nature. On information of the basis of state administration, in the sphere
of environment protection significantly influences the level of social and
economic development of society, ideological religious and philosophical
factors and the threat of destruction that humanity face in the result of
negative influence of environment. Without an understanding and consideration of these aspects is impossible to develop a legal framework of effective management in
this area.
Effective functioning of management in the field of environment protection is
a major grant of guaranting economic balance, human life and regional resource
use.
The essence of the environment protection is to finding the optimal balance
of environmental interests of society as a clean, supportive environment with
the economic interests of society, coupled with appreciation of its material
needs.
In connection with this, it is necessary to study
deeper, to study in details, theoretical substantiation of problems of state
management in the sphere of environment protection. The difficulty lies in the
fact that in the legal literature, there is no single approach to the interpretation
of the category "public administration".
However, the most appropriate, in
our opinion, is the definition
given by Professor Duisenov EE, according
to which management is shown as(conscious,
deliberate, thoughtful), organizing and regulating effect on people on their
own social, collective and group life activity, carried out either
directly (in the forms of self government), and through specially
designed structures (government, public associations, enterprises, etc.) [2].
With regard to state management
in the field of environment protection and taking into account the specific
object of our study and different proposed approaches we can give the following generalization of
the definition: state management in the field of environment protection - is a
work of competent state bodies, aimed to the organization of environment protection,
rational use and reproduction of natural resources, as well as the providing of the rule of law in these relations and constitutional
guarantees of citizens' rights to
have a healthy environment.
In connection with this definition, the state and its agencies assume the
following responsibilities: to implement measures to reduce gradually with
subsequent complete liquidation of the entry into the environment of hazardous substances
to human health, ensure the environmentally sound deployment and further
development of productive forces in the country, implement systems to monitoring
health outcomes, identifying the factors adversely affecting the environment,
create and develop the republic reserves, preservers, nature sanctuaries,
national parks in order to protect the environment and to protect historical
and cultural values, get environmental management in the country capable of
ensuring environmental sustainability.
To realize these objectives it is required to show a qualitatively new
level of management mechanism, which traditionally includes the functions of
the system organs with their powers, their working methods and forms of
governance.
Each function is characterized by homogeneous actions of competent bodies.
The peculiarity of natural objects determines the specificity of function. And
their community due to the affiliation to unified system of nature that leads
to the fact that the most of these functions are common for land, mining, water
and forest legislation.
Among the functions of management in
the field of environment protection include
the following: accounting of natural objects and the introduction of natural inventories;
planning and forecasting rational nature use reproduction and protection of the
natural resources, environmental monitoring and assessment, implementation
of environmental monitoring;
establishment of environmental constraints; valuation of environment quality,
distribution and redistribution of resources between natural resource users,
environment licensing.
The system of management in the sphere environment protection is built in
accordance with its functions and responsibilities and it is enshrined in
legislation.
A distinctive feature of the system of the environment management in
Kazakhstan is due to specific functions assigned to these bodies, and consists
in the fact that it is designed to ensure the unity of the environmental and
economic interests, consistency and continuity of use and reproduction of
natural resources in order to achieve maximum results at the lowest costs and
capabilities.
Improvement and development of
management bodies in the sphere of environment protection is impossible to
consider as a unique phenomenon. It is connected with improvement and
development of the system of economy management.
Consistency and continuity of use and reproduction of natural resources in order to achieve maximum results at the lowest cost and capabilities.
On change management
system, fully influence not only objective but also subjective factors. And, of
course, different countries have very different system of administration bodies
in environment protection field.
During the last period, management in the field of environment protection,
in our opinion, came to mismatch with the new economic demands provoked by financial
crisis, which necessitates its conversion. It is impossible properly and in
good time to solve these problems through traditional methods, using the old
measures. Using old administrative methods for solving of complicated problems
can result, as practice shows, with negative consequences that are much easier
to prevent than to fix.
Forms and methods of control are based on the principles of government administration.
However, substantiated in the scientific writings of various authors specific
principles of management in the field of environment protection do not always do
not always correspond with standard assigned.
It should be noted that despite the diversity of the proposed
classification management principles in environment protection they have not been adequately reflected in
academic publications and in legislation such of them as: separation of the
functions of nature resources use and environment
protection, and clear delineation of competence (power) and the scientific
validity and examination of the decisions, ensuring priorities, guaranteeing
the rights of citizens to have a healthy environment; combination of state
regulation of local initiative, involving the public; subcontroll of the government
management bodies, not only in the hierarchical system, but also to the public;
guarantee of administrative and
judicial order of appeals of the decisions of management, responsibility and state
management bodies for decisions that led to negative consequences in the field
of environment preservation giving information and the right to get accurate
information in the sphere of
environment protection.
By managing and being not based on
scientific surveys, it is difficult to force to work all the elements in the
specified channel; we have to be guided mainly by considerations of
"common sense". But because the "common sense «saying in the
words of A. Einstein is nothing more than prejudice, which we learn to eighteen
years then for people involved in the management of the environment, it is
important to have a broader perspective on these issues.
Primarily nature of management system in environment protection and organization of the principles of its construction are due existing form of ownership of natural resources, the political structure of society, the level of scientific and technological development and practical implementation of these ideas.
Relations associated with the ownership of natural sites and resources are the basis of legal control
mechanism in the field of environment protection.
The
concept of ownership of natural resources and facilities has a number of
significant differences from the classical understanding of the property of
other objects, and, accordingly, the categories of "possession",
"use ", "order" are filled with different content.
Over the
past thirty years has dramatically changed semantic and legal load of category
"property on the natural sites and resources." As it is impossible to
compare the 30's socialism with socialism, of 70's, capitalism, Marx -is the
beginning of capital accumulation, imperialism, characterized by Lenin, with
capitalism, of the 90's, with its social quarantines the most developed
countries, at the same measure has various meanings of the concept of ownership
of natural resources at the beginning and end of XX century, and the beginning
of the XXI century.
Currently,
the legal category of "ownership of the natural objectives and
resources" implies not only the ownership right, use and disposal, but
also obligations before society. Having specific property, like natural
resources, the owner assumes the obligation to use them so that not to violate the
interests and living conditions of other subjects.
What does bring a
breach of these obligations, lead to we are all aware through the tragedy that
occurred recently in the village Kyzylagash of Almaty region.
This is due to
differtiation characteristics of natural resources from other objects of
property, which lies in the fact that damage, destruction, deterioration and
change of the qualitative state of the objectives by the owner does not only
affect his personal interests, but it also violates or may
violate the activity or the vital interests of other subjects.
With reconsideration and the emergence
of environment protection as the most important function of the state, the
following questions arise: Who is more important nature - the user, tenant or
owner? The answer is clear: greater value represents the owner [3].
References
1. The Constitution of the Republic of Kazakhstan.
Almaty, 2007, P.81.
2. Duisenov EE Public administration, public service
and depth policy. Monography. Osh - 1999. Pp. 108.
3. Chorov A.M. Public administration in the field of
environment protection and rational use of natural
resources. Dissertation for the degree
Candidate of Legal Sciences, Bishkek, 2006. P.8-11.
Резюме
Автор
статьи рассматривает ряд проблем, связанных с необходимостью
совершенствования законодательства в области охраны
окружающей среды и рационального использования природных
ресурсов.
Значимым
для правовой науки является собственное определение автором понятия
государственного управления в области охраны окружающей среды.