Legal Problems of the Formation and Development of the Institute of Environmentally Unfavourable Territories

2020 ◽  
Vol 11 (5) ◽  
pp. 1215
Author(s):  
Ainura Zharylgasynkyzy NURUTDINOVA ◽  
Sabigul Dzhanabaevna BEKISHEVA
Keyword(s):  
Natural Resources ◽  
Technical Progress ◽  
Legal Regulation ◽  
International Experience ◽  
Environmental Damage ◽  
Legal Regime ◽  
Environmental Situation ◽  
Legal Problems ◽  
Human Habitation ◽  
The Republic

The legal regime of environmentally unfavourable territories is studied in the article. Nowadays, more and more areas of the territory of Kazakhstan are exposed to unfavourable impact on the environment due to the increasing influence of developing scientific and technical progress. These activities do not only harm environmental systems and individual natural resources but also complicate and sometimes make it impossible for citizens to live in these areas. Such areas of the territory need to be restored, the damage should be compensated, and the inconveniences of human habitation should be compensated. Thus, there is a need to establish special legal regimes governing the respective responsibilities of those who carry out activities that degrade the environmental situation in these areas, the authorities, and the rights of citizens living in these areas. The objective of the presented study is to analyze the legislation regulating the legal regime of environmentally unfavourable territories in the Republic of Kazakhstan and the international experience of such regulations. As a result of the research, the authors conclude that it is necessary to develop a comprehensive legal regulation to address most of the issues of ensuring the restoration of environmentally unfavourable areas, compensation for environmental damage, and reimbursement to the population.

scholarly journals Features of legal Regulation in the digital Economy

2019 ◽  
Vol 9 (1) ◽  
pp. 1381-1383
Keyword(s):  
Legal Regulation ◽  
International Experience ◽  
Digital Economy ◽  
The Other ◽  
Legal Regime ◽  
Other Hand ◽  
The One

This article discusses the features of legal support for the functioning of the digital economy. Some reasons for the need for modernization of legislation in the context of the development of the digital economy are highlighted. Based on international experience, approaches to legal regulation in the field of the digital economy are proposed, by ensuring such a legal regime in which innovations, on the one hand, will develop freely, and, on the other hand, will be protected from possible risks.

scholarly journals National appropriation of natural resources in the international space law

2021 ◽  
pp. 46-59
Author(s):  
Olesya Andreevna Popova
Keyword(s):  
Natural Resources ◽  
Legal Status ◽  
Outer Space ◽  
National Level ◽  
The United States ◽  
Legal Regulation ◽  
Legal Regime ◽  
International Space ◽  
Space Law ◽  
Celestial Bodies

This article examines the problem of international legal regulation of the activity on the use of natural resources in outer space. The author provides the results of analysis of the international outer space treaties, resolutions of the United National General Assembly, reports of the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space. There is currently no universal international legal regulation of the legal status and regime for the use of natural resources in outer space. The activity on the extraction of natural resources requires the development of corresponding international legal norms. The two alternative positions are being discussed – the concept of the “common heritage of mankind” developed in the international law of the sea, and the Artemis Accords advanced by the United States. The following conclusions were made: the prohibition of national appropriation of outer space and celestial bodies is applicable to the countries and private entities. The International space law does not have explicit ban on the use of space for the purpose of extraction and commercial exploitation of natural resources. However, natural resources are a part of outer space and celestial bodies; therefore, in the absence of special norms regulating their legal status and regime of usage, they should fall under the legal regime established for outer space and celestial bodies. The author observes a trend of development of legal regime for the use of natural resources of outer space on the national level with transition to the international level. The acquired results can be applied in interpretation of the provisions of international space law and development of international norms with regards to legal status and regime of usage of natural resources in outer space.

scholarly journals Implementation of the three-link model of pre-trial investigation in the Republic of Kazakhstan

2021 ◽  
Vol 136 (3) ◽  
pp. 113-118
Author(s):  
B.M. Smatlaev ◽  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Pilot Program ◽  
Legal Regime ◽  
Judicial Practice ◽  
Procedure Code ◽  
Foreign Countries ◽  
Link Model ◽  
The Republic

The article presents innovations of the Code of Criminal Procedure of the Republic of Kazakhstan which, in pre-trial investigations, play a major role in protecting the rights and freedoms of citizens. The article justifies the need for special legal regulation of these objects of citizens ‘ rights. The author considers positions of scientists, judicial practice and legislation of Kazakhstan and foreign countries. It identifies shortcomings and contradictions of legal legislation. In accordance with the requirements of the new legislation, the transition to a three-link model under the pilot program will protect the rights of many citizens in the country, which will practically reduce the responsibility of persons who are not involved in crimes in the course of investigations. As a result of the analysis of the legislation of Kazakhstan, the author concluded that it is necessary to change the legal regime and recently adopted Criminal Procedure Code, which is more or less beneficial for citizens.

scholarly journals Compensation for environmental damage under international law and national legislation

2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 633-638
Author(s):  
Vladimir S. Sinenko ◽  
Evgeniy E. Tonkov ◽  
Yuliya V. Boltenkova ◽  
Elvira M. Vasekina ◽  
Neonila A. Turanina
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
International Experience ◽  
Environmental Damage ◽  
National Legislation ◽  
General Rules

This article analyzes the development of international legislation, as well as the legislation of individual states regarding the legal regulation of compensation for environmental damage. The authors identified and analyzed two levels of regulation. The first level is international; it includes acts adopted or approved by a group of states. The second level is national; it includes the regulations of individual states. The conclusion about the existence of general rules of legal regulation in the legislation of various states is formulated. Based on the analysis of Russian legislation, mechanisms for its improvement are proposed, including using international experience.

scholarly journals THE GREEN CONSTITUTION CONCEPT IN THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA

2018 ◽  
Vol 30 (1) ◽  
pp. 200
Author(s):  
Sekar Anggun Gading Pinilih
Keyword(s):  
Natural Resources ◽  
Secondary Data ◽  
Policy Formulation ◽  
Environmental Damage ◽  
Before And After ◽  
Environmental Norms ◽  
The Republic

AbstractThis article aims to analyze the concept of Green Constitution in The Amandment of Constitution of Indonesia. The method used is a normative juridical, with secondary data which analyzed in qualitative. Based on results that Constitution of Indonesia before and after the amendment has accommodated the protection of human and natural resources. Such arrangements outlined in the Preamble and the articles, and sectoral legislation. All policy formulation should be in line with the mandate of Constitution of Indonesia. In the environmental norms into the Constitution, it is expected to minimize environmental damage. Intisari Artikel ini bertujuan menganalisis konsep Konstitusi Hijau dalam UUD NRI Tahun 1945. Metode penelitian yang digunakan adalah yuridis normatif, dengan data sekunder yang dianalisis secara kualitatif. Berdasarkan hasil penelitian diperoleh gambaran bahwa UUD 1945 sebelum dan sesudah amandemen telah mengakomodir perlindungan terhadap manusia dan alam sekitarnya. Pengaturan tersebut dijabarkan pada Pembukaan UUD 1945 dan pasal-pasal serta peraturan sektoralnya. Semua perumusan kebijakan harus sejalan dengan amanat dari UUD NRI Tahun 1945. Dinormakannya lingkungan hidup ke dalam UUD NRI Tahun 1945, maka diharapkan akan meminimalisasi terjadinya pencemaran dan atau kerusakan lingkungan hidup. 

ON THE TOPICAL LEGAL PROBLEMS OF THE ENVIRONMENT IN THE RUSSIAN FEDERATION (on the Case Material of the Republic of Bashkortostan)

2018 ◽  
Vol 1 (1) ◽  
pp. 67-76
Author(s):  
Наталья Ибатуллина
Keyword(s):  
Natural Resources ◽  
Russian Federation ◽  
Case Material ◽  
Environmental Legislation ◽  
Legal Problems ◽  
Republic Of Bashkortostan ◽  
The Russian Federation ◽  
Federal Laws ◽  
The Republic

The article deals with the environmental legislation of the Russian Federation. The author reveals environmental legislation problems, the topical problems are the following: authority distinction of the Federation and federal subjects, correspondence matters of the Federal laws and laws of the Russian Federation subjects, right of ownership to natural resources and more. Possible problems solutions are proposed.

Organizational and Legal Aspects of Public Services Delivery in the Republic of Kazakhstan

2019 ◽  
Vol 9 (5) ◽  
pp. 1819
Author(s):  
Leila ZHANUZAKOVA ◽  
Meruyert DOSSANOVA ◽  
Muslim TAZABEKOV ◽  
Eduard MUKHAMEJANOV
Keyword(s):  
Public Services ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Experience ◽  
The State ◽  
Services Delivery ◽  
Current State ◽  
State And Society ◽  
The Republic ◽  
Further Development

The article considers the specific features of public services delivery in the Republic of Kazakhstan and other countries where public services are provided with the involvement of different models of electronic government. Today, state provision of public services to citizens is becoming one of the most important spheres of the functioning of government authorities. The notion of public services has become an object of focused scientific research relatively recently in the Republic of Kazakhstan, while in developed countries, the relationship between the state and society, where the state is viewed as a service provider, developed in the 1980–1990s. The aim of this paper is to analyze the current state of the sphere of public services provided to the population of the Republic of Kazakhstan and to study international experience in this area. The authors view public services delivery as a process of information interaction between the state and society, which, at the current stage of IT development, is increasingly taking an electronic form. The authors explore historical and theoretical prerequisites for the creation of the modern system of public services, the current state of the corresponding organizational and legal framework in the Republic of Kazakhstan, and international experience of development and implementation of successful patterns of public services delivery. Besides, the authors study the specific features of legal regulation pertaining to handing public services over to a competitive environment. The article assesses the possibilities of further use of advanced technologies to address the tasks for which this important element of government control has been developed. The results obtained by the authors consist in the validation of the conclusions about the assessment of the public services sphere and its organizational and legal grounds, as well as the potential for its further development. The paper includes several suggestions for improvement of the organizational and legal framework of public services delivery. The novelty of this article consists in the fact that the authors suggest ways of further development of the interaction between the state and society based on thorough analysis of world practices of public services delivery

Systematic Structural Analysis of the Categories "Intended Purpose" and "Permitted Use» in Natural Resources Branches of Law

10.12737/1143 ◽  
2013 ◽  
Vol 1 (11) ◽  
pp. 27-35 ◽  
Author(s):  
Алексей Анисимов ◽  
Aleksey Anisimov ◽  
Николай Мельников ◽  
Nikolay Melnikov
Keyword(s):  
Structural Analysis ◽  
Natural Resources ◽  
Legal Regulation ◽  
Legal Regime ◽  
Intended Purpose ◽  
Legal Regimes ◽  
Similar Principle ◽  
Definition Of ◽  
The Right

Legal designs "purpose" and "allowed use" are present at all branches of the nature-resource right and reflect objectively existing requirement of establishment of the general and special legal regimes of natural resources. The general legal regime of lands is defined by means of division of land fund into categories. The special legal regime assumes establishment of features of use and protection of the land plots of this or that category of lands within additional legal regulation by means of institute of zoning of territories and institute of allowed use of the land plots. Definition of types of allowed use of the land plots can be considered as specifying in relation to a categorization and zoning a way of management and definition of a legal regime of lands and other natural resources. The similar principle takes place and in other nature-resource branches of the right where it is formulated legislatively.

scholarly journals International Experience of Legal Support of Information Security and the Possibilities for its Application in the Republic of Kazakhstan

2020 ◽  
pp. 71-85
Author(s):  
Sholpan Zabikh
Keyword(s):  
Information Systems ◽  
Information Security ◽  
Legal Regulation ◽  
International Experience ◽  
The State ◽  
Modern World ◽  
External Threats ◽  
Modern Information ◽  
The Republic ◽  
The Individual

The author in the article considers the problems of ensuring information security for the solution of which it is supposed to study methods and ways for identifying and preventing danger in the information sphere. The information security of society as a whole is determined by the rapidly growing technological capabilities of modern information systems, which in their influence on the politics, economy, and the spiritual and ideological sphere of people have now become decisive. Ensuring information security, which refers to the state of protection of the vital interests of the individual, society and the state in the information sphere from internal and external threats, seems to be a very important task in the modern world. The security of the information space are entails the protection of the rights and interests of man and citizen, society and the state in the information sphere from real and potential threats. The article also provides a generalized description of the international experience in the legal regulation of information security and the possibility of its application in the Republic of Kazakhstan.

Legal regime of subsoil use in Australia

2021 ◽  
pp. 54-68
Author(s):  
Iaroslav Manin
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Legal Regulation ◽  
Legal Regime ◽  
Administrative Reforms ◽  
The Subject ◽  
The Russian Federation ◽  
The Right ◽  
Ownership Of Land

The subject of this research is the Australian federal and regional normative legal acts that regulate subsoil use. The object is public relations in the sphere of land turnover, subsurface and natural resource management in the Commonwealth of Australia. The author describes the system and structure of normative legal regulation, as well as subsoil use in Australia. The work contains a list of sources of the Australian natural resources law; analysis of their content is carried out. Special attention is given to the legal regime of exploitation of subsoil resources of the continental shelf of the Commonwealth of Australia, licensing of subsoil use, the role of British monarchy in exercising the right of ownership of land by its subjects, and the authority for subsoil management. The scientific novelty of this article consists in the disclosure of legal regime of subsoil use in the Commonwealth of Australia in the context of amendments to Australian natural resources legislation, constitutional and administrative reforms. This work reflects the economic interest of the Russian Federation and domestic organizations of the fuel and energy complex in the Oceania Region, which defines its relevance. The presented materials can be used within the framework of comparative jurisprudence, lawmaking, for educational and other purposes. The author concludes on the preservation of public legal regime of subsoil use in Australia, namely with regards to turnover of licenses and shares therein.

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