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Problems of Environmental Law: Possibilities for Legislative Changes

Buribayev Yermek, Khamzina Zhanna, Zhumagulov Bolat, Zhangutin Baurzhan, Daubassov Sabit

Rocznik Ochrona Środowiska

2021

Tom 23

224--242

Kazakhstan is a country experiencing tangible environmental problems. Currently, it faces numerous environmental problems such as air pollution, water pollution, exploitation of natural resources, negative consequences of mining, etc. In order to cope with environmental problems, a number of legislative acts have been enacted: the Environmental Code, the Water Code, the Forestry Code, a number of laws and government decrees that provide a legal basis for sustainable development. But, unfortunately, these laws and policies were not properly implemented due to issues such as inconsistency, weak enforcement, the presence of internal contradictions, gaps, and discrepancies, etc. As a result, the current legislation in the field of environmental protection does not meet the development objectives of our country, its lack of transparency hinders the development of the economy, and indistinctness reduces the competitiveness of domestic producers in the world market and the volume of investments attracted to the economy. Many aspects of the state's environmental activities remain unregulated from a legal point of view, which, on the one hand, leads to a deterioration in the quality of the environment and the plunder of natural resources, and on the other hand, creates conditions for the development of corruption. This study proposes individual solutions to problems in the environmental sphere by creating new legal norms, as well as eliminating contradictions between existing regulatory legal acts, systematizing legislation and establishing a unified practice of applying norms. It is concluded that the implementation of environmental human rights depends on the quality of regulatory legal acts and their effective application.