Environmental Safety of Modern Kazakhstan: General Legal Analysis

2019 ◽  
Vol 10 (1) ◽  
pp. 22
Author(s):  
Aliya S. KOSHKINBAEVA ◽  
Sholpan R. ZHUMAGULOVA ◽  
Aigul Z. ZHANALIYEVA ◽  
Aigul R. BIZHANOVA ◽  
Sholpan S. KHAMZINA

World experience shows that greening the entire socio-economic system of any state is the basis for successful solving of environmental problems and preventing environmental disasters. Environmental safety, as a component of national security, is an indispensable condition for sustainable development and is the basis for the preservation of natural systems and the maintenance of appropriate environmental quality. The Kazakhstan political and legal mechanism for ensuring environmental security against the background of multilateral and dynamically evolving international institutions has not achieved any significant efficiency yet. For many decades, Kazakhstan has developed a predominantly natural resource management system with extremely high technogenic pressure on the environment. Therefore, a fundamental improvement in the ecological situation has not occurred yet, and it is still characterized by the degradation of natural systems, which leads to a destabilization of the biosphere, a loss of its ability to maintain the quality of the environment, which is necessary for the community life. The article presents conclusions on the current list of threats to national security in the environmental field relevant for Kazakhstan. Specific offer has been made to improve the mechanisms for ensuring environmental safety, which includes: improving the efficiency of state control in the environmental protection and environmental management; optimization of licensing system of environmental management and environmental expertise; improvement of the environmental monitoring system; ecologization of legislation; systematization of legislation in the field of protection the environment; expansion of international cooperation.

2020 ◽  
Vol 174 ◽  
pp. 02002
Author(s):  
Andrey Vorontsov ◽  
Elena Vorontsova ◽  
Yuriy Drozdenko ◽  
Ulugbek Mannanov

The article is a study of the process of formation of the organizational and legal mechanism for ensuring environmental safety in the Russian Federation, as well as an analysis of a number of urgent problems arising in the implementation of the state environmental policy by the country. The authors’ study is interdisciplinary in nature and includes not only a legal analysis of regulatory acts adopted by the Russian state in order to ensure environmental safety, but also some assessments of an economic and natural-scientific (environmental) nature related to the functioning of resource-extracting sectors of Russian industry and their impact on state of the environment. Considerable attention is paid to the worldview aspects of the topic under study. The role of the territories of the Russian Federation not disturbed by economic activity in maintaining the sustainability of the global ecosystem is emphasized.


Author(s):  
Elena Valerievna Chuklova

In the light of the ongoing state administration reform, it is relevant to examine the state legal mechanism for ensuring environmental and technogenic security as the types of national security. The subject of this research is the definition of the concept and structure of such mechanism, which is an essential condition for ensuring the protection of favorable environment; observance of the interests of citizens and legal entities, society and the state; prevention of threats of natural and technogenic emergency situations; and minimization of the consequences of such situations. On the institutional level, the state legal mechanism for ensuring environmental safety represents the system of governing institutions assigned with the implementation of the key directions and mechanisms for ensuring environmental and technogenic safety; as well as private and legal entities, whose legal status includes the rights and responsibilities in the sphere of ensuring environmental and technogenic safety. On the technological level, the state legal mechanism is characterized by the types of legal activity. On the instrumental level, it represent a set of means and methods at the disposal of the entities. The scientific novelty of this research lies in examination of the essential aspects of the state legal mechanism for ensuring certain types of national security, as well as in formulation of the concept of the state legal mechanism applicable to ensuring environmental and technogenic safety, the absence of which impedes the assessment of the effectiveness of such mechanism in relation to protection of identity, society, and the state from environmental and technogenic hazards, threats and conflicts. The conclusion is made that a range of problems arises in the context of formation of the state legal mechanism for ensuring environmental safety: the existing model of state regulation of greenhouse gas emissions, which is based on voluntary inventory, obstructs the acquisition of information on the volume of greenhouse gas emissions by the administrative authorities; the created information systems in the sphere of environmental security are not an effective mechanism for achieving the goals of the Strategy of Environmental Security; there is certain inconsistency in environmental surveillance regulation.


Author(s):  
H. O. Androshchuk

Ukraine’s healthcare system faces unprecedented national security challenges in the third wave of the COVID-19 pandemic. A particularly acute issue is countering counterfeit pharmaceuticals, preventing drug shortages, joining efforts of the authorities and national manufacturers of drugs and medical supplies. According to the UN, more than 60 % of the population lives below the poverty line in Ukraine. Timely response to these challenges and taking preventive measures will save lives, minimize the volume and consequences of the pandemic. The paper provides an economic and legal analysis, trends, risks and threats to national security of the state and health protection during a pandemic, in order to protect intellectual property rights, adequate coordination of actions at the national and international levels. The impact of counterfeiting on the criminal landscape in the EU, and also business and economy, is shown based on the analysis of studies by the OECD, the EU Intellectual Property Office (EUIPO) and Europol. The foundations of anti-counterfeiting management, measures to implement a standard anti-counterfeiting strategy are proposed.


Author(s):  
David Schlosberg

In the filmBeasts of the Southern Wild, the main character, Hushpuppy, lays out the dilemma of environmental management in the Anthropocene: “For the animals that didn’t have a dad to put them in the boat, the end of the world already happened.” The Anthropocene will not recede, and the central question of environmental management will be whether we can develop ways to reflexively and sustainably manage ecosystems, habitats, and human needs. This chapter examines four possible normative underpinnings for such management: traditional notions of preservation and restoration, the idea of ecological limits and boundaries, the continued hubris of promethean technological intervention, and a conception of ecological receptivity or a “politics of sight” that makes visible human immersion in natural systems. As sight is a particular characteristic of the Anthropocene, this form of receptivity may hold some promise for environmental management.


Author(s):  
A.A. Navasardyan ◽  
◽  
I.G. Nuretdinov ◽  

The article deals with one of the economic tools for environmental management – environmental audit. Currently, this type of audit is in demand in the market of environmental services for several reasons – the presence of a good environmental image as one of the competitive advantages, and the prevention of violations of environmental legislation, etc. In addition, the work carried out a step-by-step calculation of the cost of audit services for a specific organization related to nature users operating category II facilities, taking into account its financial indicators, the scale of activities and other factors.


2021 ◽  
Vol 3 ◽  
pp. 72-88
Author(s):  
A. Polianskyi ◽  
O. Polianskyi

This research paper analyzes the current Legislation of Ukraine in the field of criminal liability for crimes against national security. It is noted that prevention of this type of crime is one of priorities of criminal law policy that aims to preserve national sovereignty and its independence proclaimed by the Constitution of Ukraine, as well as ensuring its economic and information security are the most important functions of the state. Scientific achievements of leading scientists in the field of criminal liability, crimes against national security are analyzed. Their work part changes or additions to relevant provisions of the Criminal Code of Ukraine has been studied. General scientific (dialectical, systemic) and specific scientific methods became research methods. Dialectical method made it possible to determine the general state and prospects of research on the legal regulation of criminal liability for crimes against national security. Using the system method that was used in the research process, system of legislation of the outlined issue is determined. While analysis of current regulations in force in Ukraine in the field of criminal liability for crimes against national security formal and legal methods were used. Definition by the Basic Law of the country of the most important functions of the state of the issue of protection of sovereignty and territorial integrity of Ukraine ensures this research relevance. Due to the threat posed by aggression in the east, that began in 2014, the crime rate is gaining momentum. The need for enhanced state control and the introduction of effective mechanisms, in terms of strengthening criminal liability for planned crimes is becoming urgent.


Author(s):  
N. A. Cherniadyeva

INTRODUCTION.The relevance of a research of international legal fight against terrorism does not raise doubts as terrorism reasonably belongs to the most dangerous threats to peace and safety of mankind. The solution of a modern problem of terrorism demands not only national, but also international mechanisms. According to the author, it is early to speak about successful opposition to this evil. Therefore, the research of the current state and trends of development of that part of international law that is devoted to counteraction to terrorism is extremely important.MATERIALS AND METHODS. The versatile international legal base connected with various aspects of fight against terrorism was created for more than centenary period. Universal and regional anti-terrorist conventions, legal documents of the international organizations, decisions of the International Courts of Justice and tribunals were investigated to reveal trends of international legal fight against terrorism. The research is based on use of methods of inductive generalization, the comparative and legal analysis (mainly in its functional option) and the legalistic analysis.RESEARCH RESULTS. The most significant trends of development of international legal fight against terrorism are shown in work. It is: coordination as opinio juris of the legal indications of terrorism, legal mechanisms of counteraction to it; the institutional development of international legal fight against terrorism expressed as formation of the definitive device and the organizational mechanism; isolation of legal instructions of basic character for international legal fight against terrorism; the growing role of the International Courts of Justice and tribunals in administration of justice against terrorism; formation two substantially various terrorist crimes: in a situation of wartime and in a "civil" situation.DISCUSSION AND CONCLUSIONS. By results of a research the author formulates a number of the offers capable to have a positive impact on the future of international legal fight against terrorism. In particular, the author shows that in order to form an effective international legal mechanism for combating terrorism, it is required at the UN level to agree on the concept of terrorism, to form a generally acceptable list of criminal terrorist acts prohibited by international law, to systematize international legal sources related to the fight against terrorism. 


2019 ◽  
Vol 7 ◽  
Author(s):  
Laura Igaliyeva ◽  
Saule Yegemberdiyeva

This article describes the objectives and methods of ecological environment management and sustainable environmental management at the regional level and with the impact of economic instruments. The optimum solutions to environmental management problems with a view to preserving natural resources and the reduction of risk of harm to the ecological environment were examined. Based on the analysis of conceptual approaches to the formation of the economic mechanism for ensuring environmental safety, the fundamental principles of the formation of this mechanism in Kazakhstan have been determined. On the basis of scientific research, measures are proposed for the effective operation of the economic mechanism of environmental management in Kazakhstan, which ensures the competitiveness of national products in the domestic and foreign markets, overall economic stability and national welfare in general.


2020 ◽  
Vol 11 (5) ◽  
pp. 1124
Author(s):  
Grygorii KALETNIK ◽  
Svitlana LUTKOVSKA

In this article it is proved that strategic planning and implementation of strategic priorities of guaranteeing environmental safety as a phenomenon and process of predicting the future and preparing for the future is interpreted quite widely: as an integrated process of preparation and decision making of a certain type, as formulating goals and defining ways to achieve them, as ensuring preparedness of economic and social objects for competition in the markets, etc. Strategic planning is found to be an adaptive process that regularly develops and corrects a system of sufficiently formalized plans, reviewing the content of their implementation measures on the basis of continuous monitoring and evaluating changes occurring externally and internally. The mechanism of realization of interrelation of strategic tasks and operational decisions in strategic planning is developed. Priorities of improvement of modernization measures in the field of ecological safety development have been elaborated, which consist of the following components: 1) development of normative and legal base in the sphere of ensuring ecological and natural-anthropogenic safety, its adaptation to the norms of international and European law; 2) institutionalization of ecological and natural anthropogenic safety on the basis of sustainable development; 3) development of information-analytical, scientifically sound monitoring system of environmental and natural-anthropogenic safety; 4) forecasting the state of environmental and anthropogenic safety by 2030; 5) increasing attention to the problems of ensuring environmental and natural-anthropogenic safety at the regional level and identifying strategic directions for overcoming them, based on regional peculiarities of the danger; 6) state control over ecological development of sectors of national economy, development of innovative technologies, ecological modernization; 7) overcoming problems of industrial and household waste management; 8) the social imperative to ensure environmental safety; 9) improvement of mechanisms of financial extrabudgetary provision of ecological and natural anthropogenic safety at micro and macro levels; 10) support for bilateral and multilateral parity security cooperation.


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