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CHAPTER 13. STATE ENVIRONMENTAL POLICY AND ITS DIRECTIONS

 

13.3 Legislative and regulatory framework for environmental policy


The Ministry of Ecology and Natural Resources of the Republic of Kazakhstan is a state body of the country that provides leadership in the formation and implementation of state policies, coordination of management processes in the areas of environmental protection, meteorological and hydrological monitoring, development of a «green economy», waste management (except for medical, biological and radioactive waste), protection, control and management of natural resources. supervision of rational use of natural resources, forestry, protection, reproduction and use of wildlife (except for fish resources and other aquatic animals), specially protected natural territories, protection, protection, restoration and use of flora, conservation and reproduction of Kazakh dog breeds[188].

The environmental legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of the Environmental Code of the Republic of Kazakhstan, adopted on January 2, 2021, and other regulatory legal acts of the Republic of Kazakhstan.

The purpose of the environmental legislation of the Republic of Kazakhstan is to define the legal basis, objectives and principles, as well as mechanisms for implementing a unified state environmental policy in the Republic of Kazakhstan[189].

Legal regulation of environmental relations in the Republic of Kazakhstan is carried out on the basis of a set of key principles aimed at ensuring environmental safety, sustainable development and environmental protection. These principles include:

The principle of prevention.

Any activity that can cause environmental pollution, degradation of natural ecosystems, causing environmental damage or threatening the life and health of the population is allowed only within the limits defined by environmental legislation, and provided that a set of preventive measures is taken at the source of impact stage to prevent the occurrence of negative consequences. This includes implementing the best available technologies, environmental monitoring systems, and other risk mitigation tools.

The principle of correction.

The caused environmental damage is subject to complete elimination. In cases where its complete elimination is impossible due to objective reasons, the consequences should be minimized using modern scientific and technical achievements. If it is impossible to minimize the consequences, it is necessary to carry out compensatory or alternative environmental measures (remediation) defined in the legislative order.

The precautionary principle.

If there is a potential threat of serious and irreversible damage to the environment or public health, even if there is no complete scientific certainty, preventive and proportionate protection measures should be applied. Such measures should be economically feasible, but sufficient to prevent risk, in the face of scientific uncertainty and technological constraints.

The principle of proportionality (or proportionality).

All environmental measures and restrictions should be proportionate to the objectives of environmental protection. Preference is given to measures that allow achieving the goal with the lowest economic and social costs, without reducing the effectiveness of protecting the natural environment.

The «polluter pays» principle.

Responsibility for environmental pollution and causing environmental damage is assigned to persons whose activities have become a source of negative impact. Such entities are obliged to take measures at their own expense to prevent, reduce, control and eliminate the consequences of pollution, as well as to compensate for the damage caused, including through restoration measures.

The principle of sustainable development.

The natural resources of the Republic of Kazakhstan are the basis of its national heritage, and their use should be sustainable. The state's environmental decisions are focused on ecosystem conservation, water and energy conservation, development of renewable energy sources, waste reduction and rational use of secondary resources, with priority given to nature conservation in the interests of present and future generations.

The principle of integration.

Environmental aspects should be taken into account in the development and implementation of State strategies and programs in all areas – economic, social and spatial. Such integrated planning allows achieving a balance between development and nature protection, providing the ecological basis for sustainable development in the long term.

The principle of accessibility of environmental information.

The State guarantees the right of citizens and organizations to free and unhindered access to environmental information in accordance with the international obligations of the Republic of Kazakhstan. Environmental information should be reliable, timely and provided within the framework of legally established procedures.

The principle of public participation.

Citizens and public associations have the right to participate in making decisions that may affect the state of the environment. Such participation should be ensured from the earliest possible stage of decision-making, when alternatives can be considered. Authorities are required to ensure transparency, accessibility and consideration of public opinion in the development and implementation of environmentally significant solutions.

The principle of the ecosystem approach.

The development and implementation of policies, programs, and projects should take into account the integrity, internal relationships, and sustainability of natural ecosystems. Priority should be given to preserving biological diversity, natural landscapes and ecosystem functioning, as well as preventing the loss of ecosystem services that are vital for human health and the environment as a whole.

Other regulatory legal acts regulating the state environmental policy of Kazakhstan include the following.

Land Code of the Republic of Kazakhstan[190].

This code, among other things, regulates issues related to the protection and rational use of land, which directly affects the ecological state of territories. It also contains provisions aimed at preventing soil erosion, salinization, depletion, and other forms of land degradation. The code establishes norms for the allocation of specially protected natural territories, sanitary protection zones and zones with special conditions of use, and establishes measures of state control over compliance with environmental requirements in the use of land, as well as responsibility for their violation.

Forest Code of the Republic of Kazakhstan[191].

The Code is aimed at preserving, protecting and restoring forests, which play a key role in maintaining the biosphere, preserving biodiversity and stabilizing the climate. The code regulates the procedure for harvesting wood and other forest resources, taking into account environmental restrictions and restoration measures. The Code also provides for measures to prevent fires and pest epidemics, which is important for protecting the ecology of forests. The document takes into account the ecological role of forests – water-regulating, climate-regulating, protective and recreational functions.

Water Code of the Republic of Kazakhstan[192].

The Code establishes the legal basis for the protection of surface and underground waters from pollution, depletion and other negative impacts. It regulates water consumption taking into account environmental standards, including permissible water intake volumes, requirements for wastewater and water protection zones. The Code contains provisions for the protection of water bodies as a habitat for flora and fauna, which is directly related to the conservation of biodiversity. The Water Code complies with international standards in the field of protection of transboundary water bodies, which also emphasizes its ecological orientation.

Concept for the transition of the Republic of Kazakhstan to a «green economy»[193].

This Concept lays the foundation for deep systemic transformations with the aim of moving to a «green economy» by 2050 by improving the well-being and quality of life of the population of Kazakhstan and making the country one of the 30 most developed countries in the world, while minimizing the burden on the environment and degradation of natural resources.

Law of the Republic of Kazakhstan «On protection, reproduction and use of wildlife»[194].

This legislative act regulates public relations in the field of protection, reproduction and use of wildlife, as well as the preservation and reproduction of Kazakh dog breeds and is aimed at ensuring conditions for the conservation of wildlife and its biological diversity, sustainable use of wildlife objects in order to meet environmental, economic, aesthetic and other human needs, taking into account the interests of the current and future generations.

Law of the Republic of Kazakhstan «On Specially Protected Natural Territories»[195].

This law regulates public relations related to the creation, expansion, protection, restoration, sustainable use and management of specially protected natural territories and objects of the State nature reserve fund that are of special ecological, scientific, historical, cultural and recreational value, as well as being a component of the national, regional and global ecological network.

Law «On Radiation Safety of the Population»[196].

The law regulates public relations in the field of ensuring radiation safety of the population, in order to protect their health from the harmful effects of ionizing radiation.

Law «On Subsoil and Subsurface Use»[197].

The purpose of this law is to ensure the sustainable development of the mineral resource base of the Republic of Kazakhstan for the economic growth of the state and the welfare of society.

Law «On the Plant World»[198].

The objectives of the law in the field of protection, protection, restoration and use of the plant world are to ensure the regulation of relations in the field of protection, protection, restoration and use of the plant world in all its diversity; to create legal bases for the conservation of natural diversity and the gene pool of wild plants, their rational use.

In addition, the legislation of the Republic of Kazakhstan in the field of environmental protection is international treaties in the field of environmental protection ratified by the Republic of Kazakhstan, such as:

- Convention of the World Meteorological Organization (Resolution of the Supreme Council of the Republic of Kazakhstan on accession to the Convention of December 18, 1992);

- Convention on the Protection of the World Cultural and Natural Heritage (Law of the Republic of Kazakhstan on Ratification of July 29, 1994);

- International Convention on Civil Liability for Oil Pollution Damage, 1961;

- Convention on Biodiversity (Resolution No. 918 of the Cabinet of Ministers of the Republic of Kazakhstan dated August 19, 1994);

- UN Framework Convention on Climate Change (Decree of the President of the Republic of Kazakhstan No. 2260 dated May 4, 1995);

- UN Convention to Combat Desertification (Law of the Republic of Kazakhstan on Ratification of July 7, 1997);

- Vienna Convention for the Protection of the Ozone Layer (Law of the Republic of Kazakhstan No. 177-I of October 30, 1997);

- The Montreal Protocol on Substances that Deplete the Ozone Layer (Law of the Republic of Kazakhstan on Accession of May 7, 2001);

- Convention on International Trade in Endangered Species of Wild Flora and Fauna (Law of the Republic of Kazakhstan on Accession of April 6, 1999);

- Convention on the Prohibition of Military and Any Other Hostile Impact of the Use of Means of Influencing the Natural Environment (Resolution of the Supreme Council of the Republic of Kazakhstan on ratification of February 20, 1995);

- Convention on Environmental Impact Assessment in a Transboundary Context (Law of the Republic of Kazakhstan No. 86-II of October 21, 2000);

- Convention on Long-range Transboundary Air Pollution (Law of the Republic of Kazakhstan No. 89-II of October 23, 2000);

- Convention on the Transboundary Effects of Industrial Accidents (Law of the Republic of Kazakhstan on Accession of October 23, 2000);

- Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Law of the Republic of Kazakhstan No. 94-II of October 23, 2000);

- Stockholm Convention on Organically Persistent Pollutants (signed by the Government of the Republic of Kazakhstan on May 18, 2001);

- The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Law of the Republic of Kazakhstan No. 389 of February 10, 2003).

Thus, Kazakhstan's environmental policy is a comprehensive system of measures aimed at a harmonious combination of economic growth and conservation of natural resources. Further development of environmental legislation and strengthening of control over its implementation will contribute to achieving the Sustainable Development Goals and improving the environmental situation in the country.


[188] Internet resource of the Ministry of Ecology and Natural Resources of the Republic of Kazakhstan. https://www.gov.kz/memleket/entities/ecogeo/about?lang=ru. Date of access: April 23, 2025.

[189] Environmental Code of the Republic of Kazakhstan. https://adilet.zan.kz/rus/docs/K2100000400. Date of access 23.04.2025

[190] Land Code of the Republic of Kazakhstan. https://adilet.zan.kz/rus/docs/K030000442. Date of access: April 25, 2025.

[191] Forest Code of the Republic of Kazakhstan. https://adilet.zan.kz/rus/docs/K030000477. Date of access: April 25, 2025.

[192] Water Code of the Republic of Kazakhstan. https://adilet.zan.kz/rus/docs/K030000481.Date of access: April 25, 2025.

[193] Concept on the Transition of the Republic of Kazakhstan to a «Green Economy». https://adilet.zan.kz/rus/docs/U1300000577. Date of access: April 25, 2025.

[194] Law of the Republic of Kazakhstan «On the Protection, Reproduction, and Use of Wildlife». https://adilet.zan.kz/rus/docs/Z040000593. Date of access: April 23, 2025.

[195] Law of the Republic of Kazakhstan «On Specially Protected Natural Areas». https://adilet.zan.kz/rus/docs/Z060000175. Date of access: April 23, 2025.

[196] Law on Radiation Safety of the Population. https://adilet.zan.kz/rus/docs/Z980000219. Date of access: April 25, 2025.

[197] Law on Subsoil and Subsoil Use. https://adilet.zan.kz/rus/docs/K1700000125. Date of access: April 25, 2025.

[198] Law of the Republic of Kazakhstan “On the Plant World.” https://adilet.zan.kz/rus/docs/Z2300000183. Date of access: April 25, 2025.