������Ministry of Science and Higher Education of the Republic of Kazakhstan�Al-Farabi Kazakh National University�Faculty of Law�The department of customs, financial and ecological law� �
PhD, Senior Lecturer at the Department of Customs, Financial and Environmental Law Gusev M.
TOPIC: «PROBLEMS OF ENVIRONMENTAL SAFETY IN THE REPUBLIC OF KAZAKHSTAN»
Content
Abbreviations and designations
Introduction
1. The concept and legal nature of environmental safety
1.1 The concept and types of sources of environmental hazard
1.2 The legal nature of environmental safety
1.3 General characteristics of legal relations of environmental safety
1.4 The place of environmental safety standards in the environmental law system
2. Problems of improving the legislation of the Republic of Kazakhstan and the People's Republic of China on environmental safety and the practice of its application
2.1 Problems of formation and development of environmental legislation of the Republic of Kazakhstan and the People's Republic of China
2.2 The main directions of development of legislation and law enforcement practice in the field of environmental safety of the Republic of Kazakhstan and the People's Republic of China
Conclusion
List of sources used
The master's thesis consists of an introduction, 2 sections, a conclusion and a list of sources used. The work is presented on 85 sheets.
PROBLEMS OF ENVIRONMENTAL SAFETY IN THE REPUBLIC OF KAZAKHSTAN
The relevance of the topic is determined by the theoretical and practical significance of environmental safety issues in the context of the transition of the Republic of Kazakhstan to a "green economy".
The President of Kazakhstan proposed to declare 2024 the Year of Ecology in the SCO. Kassym-Jomart Tokayev said this during a speech at a meeting of the heads of state in the BRICS Plus format, which was held within the framework of the 15th BRICS Summit. At the summit, the President noted: "We all recognize that climate change has far-reaching negative consequences on a global scale. Over the past few years, severe droughts and other natural disasters have become more frequent in the countries of the Global South and Central Asia"
The purpose of the study is to identify the legal nature of environmental safety, the content of the principle of environmental safety, the problems of improving the legislation of the Republic of Kazakhstan and the People's Republic of China on environmental safety and the practice of its application.
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The theoretical and methodological basis of the research is the works of Chinese, Kazakh and other scientists on environmental law, criminal law, administrative law, civil law and other branch legal sciences. This framework provides a solid foundation for research and allows for a comprehensive analysis of the subject matter.
The practical significance of the study. Statistical data of the Committee for Legal Statistics and Special Accounts of the Prosecutor General's Office of the Republic of Kazakhstan and information from supervisory and regulatory authorities on the state of the environment and its pollution in China and Kazakhstan as a whole, including: Bulletin of the People's Republic of China on the State of Ecology and the Environment for 2020-2023.
Certain aspects of the legal provision of environmental safety of the Republic of Kazakhstan were considered in the scientific works of B.Zh. Abdraimov, Aigarinova G.T., M.A. Alenov, D.L. Baideldinov, A.E. Bekturganov, E.Sh. Dusipov, L.K., Zhatkanbayeva A.E., Yerkinbayeva, Zh.S. Elyubaev, Zh.Kh. Kosanov, S.T. Kulteleev, E.Sh. Rakhmetov, A.A. Mukasheva, S.J. Suleimenova. Environmental safety issues have been the subject of research by such scientists as Jin Wang, Pengfei Ye, Zhongsheng Liu, Zexuan Xiang, Depei Han, Guohua Jiang.
THE MAIN PROVISIONS SUBMITTED FOR PROTECTION:
1. To date, the institute of environmental safety has been formed in the theory of environmental law, which was due to new global threats that were previously not typical for Kazakhstan and other states under the conditions of Soviet statehood: zones of environmental disaster, environmental emergency, ozone layer resolution, environmental terrorism, environmental aggression, etc.
2. The classification of the principles of environmental safety is proposed:
1) recognition of man as the main natural and social value;
2) the priority of human life and health;
3) priority of environmental safety over other areas of activity;
4) maintaining a balance of environmental interests of individuals, legal entities and the state.
3. Environmental safety relations can be classified into two types: 1) the relationship of ensuring the state of protection of the environment; 2) the relationship of ensuring the state of protection of environmental rights and legitimate interests of individuals, legal entities and the state.
THE MAIN PROVISIONS SUBMITTED FOR PROTECTION:
A classification of environmental safety levels is proposed:
According to territorial distribution, the following levels (types) of environmental safety can be distinguished: regional; state (republican); interstate; global (planetary).
According to the hazard criterion – the level of minimum environmental risk; the level of increased environmental risk; the level of extreme environmental risk; the level of maximum environmental risk.
Individual and collective environmental safety can be distinguished by subjects.
The principle of prevention of environmental harm is proclaimed in many international acts and receives its concretization and implementation in national legislation. The Constitution of the People's Republic of China enshrines the duty of the state to prevent environmental pollution and other public hazards (Article 26). The Law of the People's Republic of China "On Environmental Protection" (Article 5), as well as a number of other environmental laws provide for the principle of preventing environmental harm, but do not disclose the content of this principle.