ABSTRACT

of the dissertation for the degree of “Doctor of Philosophy” (Ph.D.)

under specialty 6D030100 – Jurisprudence

Smoilov Samat Zhumagalievich

Related Problems of legal regulation of ensuring economic mechanism of environmental protection and environmental management in the Republic of Kazakhstan

General description of work. The thesis is devoted to complex research of theoretical and applied problems of legal maintenance of economic regulation of environmental protection and natural resource mechanism in the Republic of Kazakhstan.

The dissertation examines the theoretical and methodological ideas of radical change in the economic regulation of environmental protection and natural resource mechanism in the transition of the Republic of Kazakhstan to the green economy.

The paper covers the main concepts and categories, principles and structural elements of the mechanism of economic regulation of environment and natural resources, presented the genesis of the formation and the main trends of legal regulation of economic mechanism of environmental protection and nature, made analysis of the current legislation in terms of regulating economic methods of environment protection and natural resources; investigated the problem of increasing the efficiency of their legal security.

The study formulated theoretical propositions and recommendations for improving the current legislation of the Republic of Kazakhstan and its practical application.

Relevance of the research topic.

Questions of economic regulation of environmental protection in the Republic of Kazakhstan is topical as never before due to the proclamation in 2013 of Transition of Kazakhstan to the "green" economy. "Green economy" is defined as an economy with a high level of quality of life, careful and rational use of natural resources for present and future generations, according to their international environmental commitments, including Rio de Janeiro principles of Agenda century Yohanessburgskim plan and the Millennium Declaration [1]. In order to make such a transition, of course, you need to take effective measures for the conservation of environmental quality measures today.

The need to transition to a "green economy" is due to several factors.

Firstly, in all major sectors of the economy there is an inefficient use of resources. "According to experts, this leads to a loss of profit of 4-8 billion. US dollars per year to the economy, and by 2030 could amount to 14 billion. US dollars." For example, it is irrational is gas flaring during oil operations in the oil-producing enterprises in Kazakhstan, with the threat of a double - the revenues from the possibility of using associated gas (for the economy), and carbon dioxide emissions into the atmosphere from the burning of associated gas (for the environment).

Secondly, there is land degradation due to natural processes of desertification, erosion, and also due to anthropogenic factors (pollution, contamination, improper use). So, "almost a third of the agricultural land is now degraded or is seriously threatened, and more than 10 million. Hectares of potentially arable land in the past was abandoned economic losses incurred as a result of the low productivity of land, up 1.5 to 4 billion. US dollars a year and by 2030 could be even more, which could have social consequences for the agricultural sector, where 30-45% of the population are employed in areas such as the North-Kazakhstan, Almaty, South Kazakhstan ".

Thirdly, there is the problem of rational use and protection of waters of the Republic of Kazakhstan. "Water bodies are polluted Kazakhstan intensively in mining, metallurgical and chemical industries, utilities and cities represent a real environmental threat. Pollution is also subject to groundwater, the main source of drinking water supply of the population. " "The threat of water shortages and poor water management can be a major obstacle to sustainable economic growth and social development of Kazakhstan ... At the moment the projected deficit of 13-14 billion m3 of sustainable water resources to meet the needs of the economy by 2030".

Fourthly, there is a high level of air pollution. "In the cities, there is a high level of air pollution, the level of concentration of particulate matter in the tens of times higher than similar rates in the European Union. It is estimated that air pollution is responsible for up to 6 thousand premature deaths each year. "

Fifth, there is the problem of burial of waste production and consumption. "No integrated waste management system. 97% of solid municipal waste is at uncontrolled dumps and landfills that do not meet the requirements of sanitary standards. It is also a serious problem are historical toxic and radioactive waste industry. "

And it is not the whole list of environmental problems of Kazakhstan. It was found that environmental factors are directly linked to human activity. At the conclusion of the World Health Organization Expert Committee (WHO), 95% of all pathologies directly or indirectly associated with an unfavorable natural environment.

Thus, 90% of all cases of cancer due to the negative impact of environmental factors. 80% of these cases associated with exposure to chemical carcinogens and about 10% - radiation.

Outstanding environmental issues significantly affect the health and lives of the citizens of the Republic of Kazakhstan. The Concept of transition of the Republic of Kazakhstan to the "green" economy, stated that "pollution has a serious negative impact on human health. According to international studies, about 40 thousand children under 10 years have a neurological disorder resulting from excessive exposure to lead. Kazakhstan is in second place in terms of total pollution by organic substances among the countries of Central and Eastern Europe and Central Asia. "

The above shows that in the Republic of Kazakhstan has not yet been established due regulation of the environment, resulting in serious financial losses. Thus, the "loss of profits from the inefficient management of natural resources can be up to $ 7 billion. By 2030, the United States."

In such a situation, it is important and necessary that all research aimed at the development of effective tools for regulating environmental protection.

The relevance of the chosen theme is also due to the political and international factors: Kazakhstan tries to improve its image in the eyes of the world community.

As noted in the Concept of transition of the Republic of Kazakhstan to the "green" economy, "the international community expects from Kazakhstan the successful implementation of significant projects: the exhibition EXPO-2017, entitled" Energy of the Future "and" Green Bridge "Partnership Program to promote sustainable development in Central Asia and other regions of the world. "

Not by chance in his Address to the Nation "Kazakhstan's way - 2050: Common goal, common interests, common future" President of Kazakhstan NA Nazarbayev to the people of Kazakhstan set new tasks: "Preparing for the World Exhibition EXPO-2017 in Astana should be used to create a center for the study and implementation of the best international practices in search and creation of energy and the green economy of the future. The group of experts under the auspices of Nazarbayev University is to begin this work. We need to create conditions for the transfer of public transport on clean fuels, introduce electric vehicles and create the appropriate infrastructure for them. "

All this points to the fact that currently there is an urgent need for the theoretical study and the analysis of most of the issues related to the improvement of the economic regulation of environmental protection, and especially - financial regulation.

This problem requires a fairly in-depth and comprehensive analysis, which leads to the need of theoretical development and formation of proposals and recommendations on the development of the most effective financial policy in this area, optimal economic mechanism of environmental protection and natural resources.

In 24 years of the Republic of Kazakhstan as a sovereign state, the legislature has been formed the base of normative legal acts, the aim is to protect the environment and ensure environmental sustainability.

The main legal act in this area is the Environmental Code of the Republic of Kazakhstan dated January 9, 2007. Despite this, the received amount of legal acts to protect the environment of our country, not adequately raises issues of legal control of economic regulation of environmental protection in the Republic of Kazakhstan.

To date, there are contradictions between legal acts, in the study area, which are apart from the basic law - the Constitution of the Republic of Kazakhstan.

Also, there are moments that indicate the interest of certain persons in the lobbying law in the area of ​​economic regulation of environmental protection, which do not have the social orientation in the field of environmental protection of the rights and legitimate interests of both individuals and legal entities.

The existing to date the mechanism of economic regulation of environmental protection and prirodopolzo-tion is not a single picture, consists of separate and not always inter-related elements.

For successful functioning of this mechanism is necessary to study the main reasons for its ineffectiveness, development of recommendations and proposals for the establishment of an optimal system of legal maintenance of all elements of this mechanism.

From the foregoing, it is clear that the current problems of legal maintenance of economic regulation of environmental protection and natural resource mechanism in the Republic of Kazakhstan are not yet resolved scientifically. Scientific understanding of the role and importance of the state and law in the improvement conceptually new model of environmental policy development will allow to develop the latest legal instruments for its further implementation and optimization of the implementation of the green economy in all regions of the Republic of Kazakhstan. For the further development and implementation of green economy in Kazakhstan is necessary to proof new values, changes in conceptual provisions, aims and objectives of ecological and legal science.

Goal and objectives of the research. The main purpose of the thesis is a comprehensive study of the issues of legal support of economic regulation of environmental protection measures and mechanisms for protection of natural resources, through the analysis of relevant legislation and pravoispolnitelnoy activities of the state in the implementation of ecological function and interaction of state bodies with specially authorized bodies in the field of environmental protection.

following tasks carried out to achieve the objectives Theses:

- Development of the definition of environmental mechanism of economic regulation of the environment and natural resources;

- Explore the accumulated experience in the Republic of Kazakhstan in the area of ​​economic regulation of environmental protection, to summarize its positive and negative aspects;

- Determine the place of the rules of the mechanism of economic regulation of environmental protection and management in the legal system;

- To identify the problems of improving the legal mechanism of payment for emissions into the environment;

- To analyze the sources of funding to ensure the order of protected areas and their intended use;

- To analyze the processes of the state to guarantee the fulfillment of obligations to finance the protection of the environment;

- Explore relevant legislation on the functioning of environmental funds as well as funds to establish the role in providing funding for environmental protection;

- To study foreign experience the implementation of legislation related to the financing of measures for environmental protection;

- Develop scientific and practical recommendations aimed at enhancing the effectiveness of economic regulation of environmental protection and nature of the mechanism.

Object of research. are theoretical and practical issues of legal support of economic regulation of environmental protection and nature of the mechanism.

The subject of research is made legal, theoretical and practical bases of legal regulation of economic regulation mechanism of protection of the environment and natural resources.

Subject of the research. The novelty of the study is a timely study of the problems of economic regulation to ensure environmental protection and natural resource mechanism in the Republic of Kazakhstan. The dissertation is the first comprehensive study of the problems of legal maintenance of economic regulation mechanism of protection of the environment and wildlife in the transition to a green economy. The thesis for the first time acquires a special significance of the financial regulation of environmental safety as the theme of a mechanism to allow rational, with the highest dedication to ensure the ecological safety of the Republic of Kazakhstan, especially in the modern period.

Theoretical significance of the work. Contained in the theoretical conclusions and practical suggestions can be used in the educational process at the lectures and practical training courses for environmental and land rights. Identified problems and recommendations can contribute in the preparation of amendments and additions to the competent authorities in the regulations on the financing of environmental legislation, as well as for further research on the subject in question.

Practical significance of the work is to develop proposals aimed at improving the environmental legislation of the Republic of Kazakhstan.

Communication of this work to other research projects. This theme is at the crossroads of economic and legal sciences, so a number of fundamental research was conducted by scientists-economists.

Thus, the problems of economic regulation of environmental protection engaged by authors such as EI Epifantseva, SV Zunino, ZK Kargazhanov, IV Kosyakova, EA Krasouskaya, RK Niyazbekova, BE Soltanbekova, EM Upushev, TS Khachaturov, LV Chkhutiashvili and many others.

Theoretical issues of environmental economics are presented works of AA Averchenkova, SN Bobylev, VL Groshev, EV Girusova, KG Hoffman, AS Khodjaeva, AV Shevchuk and others.

Doctoral Research, though presented academic economists, but the light is just one element of the financial regulation of environmental protection. So, it is protected Theses "Environmental taxes as a tool of environmental mechanism: the EU experience and prospects for Russia" (SM Lutkovska, 2008), "Fiscal mechanism of rational nature management and environmental protection (IZ Toguzova, 2007)," Regulation of environmental measures through taxation '(Freddie Maedza, 2002). Some work has been devoted to the formation of the economic mechanism of industrial enterprises (Davidyuk Y. "The mechanism of ecological and economic regulation of industrial environmental management entities", 2008; Kesya ZA "Organizational-economic mechanism of the greening of industrial enterprises", in 2011; Kosyakova IV Methodological bases of formation of economic mechanism of environmental safety of production of industrial enterprises ", 2007, in industry (Yuri Nikitin" economic aspects of environmental safety in the oil and gas industry (the international experience and the Russian practice) ", 2012; and Pisarev . .D "The economic mechanism of regulation of the negative impact on the environment (for example, the aluminum industry)", 2003), in the region (Klishina JE "Improvement of the economic mechanism of environmental management in the region on materials of Stavropol Territory", 200 or urban environment (Gog VN "The economic mechanism and a model of sustainable urban development", 1999).