Author:Sopykhanova, Assel


In 1991, after the proclamation of the Republic of Kazakhstan as an independent country and the its transition to a market economy there was a need of transformation of the relations of environmental management, their adaptation to conditions of the market, creation of legal, economic and organizational conditions for equal development of all forms of ownership and the derivative rights of environmental management from them, protection of the rights for natural resources of citizens and legal entities. As a result of it, the structure of subjects of the relations of environmental management on natural resources were essentially changed in the republic, there were appeared the new types of the real rights for natural resources.

However, the problem of rational use of natural resources and environmental protection was remained still now, "... for many decades in Kazakhstan there was mainly created raw system of environmental management with extremely high techno genic loads of the environment. Therefore cardinal improvement of an ecological situation was not happened and it is still characterized by degradation of the natural systems that leads to destabilization of the biosphere, its deprivation to maintain the quality of the environment, which is necessary for activity of society" (Ecological, 2003).

Preservation of the favorable surrounding environment is an important task at this stage of development of our state. This statement is fixed at the constitutional level. Therefore, in the Art. 31 of the Constitution of the Republic of Kazakhstan it is noted: "The government aims to protect the environment, which is favorable for life and health of the person" (Republic, 2004).

The orientation of modern state policy on development of human resources determinates a problem of environmental protection of more topical. So, the President of Kazakhstan Nazarbayev notes in his Address "To competitive Kazakhstan, competitive economy and the competitive nation! (Astana, 2004): "Physical and mental abilities of Kazakhstan citizens in the conditions of globalization and toughening of the world competition are key factors of success of our plans, competitiveness of national economy and its survival in modern conditions" (President, 2004). When the main rate is done on a human factor, maintaining health of the population is one of priority problems of the state. So, Nazarbayev specifies in the Address to the people of Kazakhstan "Kazakhstan-2030. Prosperity, safety and improvement of prosperity of all Kazakhstan citizens": "Economic growth won't be able in itself to guarantee wellbeing of our citizens. It is simple to imagine the prospering economy, in which people become more and more sick as a result of the wrong approach to the health and the polluted environment from year to year. As we build the society, it is necessary to apply the increasing efforts for our citizens who would be healthier throughout all the life and they were surrounded by the healthy environment. Our strategy in realization of this purpose consists of the following components. Legislative and other regulations in the sphere of recreational environmental management and practice of their application are served as a research object. A methodological basis of a research is the modern doctrine about interaction of economy and the environment, the constitutional provisions on environmental management and environmental protection.


Problem statement of the comparative analysis of the legislation of the foreign countries and acquaintance with positive experience of application of this legislation is connected with the need of rapprochement of the foreign states on environmental issues. "The coordinated legal development of the states, both with similar and with various legal systems, is caused by requirement of survival of mankind during global ecological crisis. Such development has already been found as character of a tendency.

Rapprochement of the legislation of the different countries assumes mitigation or overcoming of the distinctions, existing between them by application of "legal standards", "the coordinated procedures", "recommendatory norms" and also elaboration of the general approaches to the solution of legal problems (Novikova, 1999b).

The general tendencies in development of the states of the CIS are shown visually. Adoption of approximately identical list of normative acts in the field of ecology, processes of codification and ecologization of the legislation are characteristic both of Kazakhstan and of Russia, Ukraine, Uzbekistan, Kyrgyzstan and other states. Other countries were determined by the Republic of Kazakhstan in some parameters...

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