Lecture 9. Ecological law

Environmental law - is an independent branch of Kazakhstan's law, which aims to explore the direction of state activity in the right environmental management and environmental protection. The subject of environmental law are the social relations in the sphere of interaction between society and nature.
Ecological and legal control method is shown through the mandatory and permissive approaches to establishing the responsibilities and the legal status of legal subjects.

The general part includes the concept of environmental law, subject, technique, principles, sources of environmental law, the ownership of natural resources, environmental law, government regulation and control ekologopolzovaniem and environmental protection, environmental monitoring, environmental assessment, environmental monitoring, responsibility for violation of environmental laws. In the special part of the institutions are environmental legal regime for the use and protection of natural resources.

Classification of sources of environmental law:
- Legal force: the laws and regulations;
- In accordance with the Law on Normative Legal Acts (24.03.98g): Basic and derivatives;
- On the subject of regulation: general and special;
- By sector legislation (rules of the land, water, etc.);
- The nature of legal regulation (substantive and procedural);
- Content (integrated, environmental, natural Resources of, Protective functions);
- In order of importance (major and minor).

The Constitution of the RK and RK determine the total GC content and form of ownership of natural resources and other assets. The environmental legislation sets out specific features and forms of ownership of specific natural resources, and also features a mechanism for implementing the proprietary rights of land, water, minerals, etc.

Subjects of the right of ownership of natural resources: the state, individuals, legal persons and executive bodies. Ekologopolzovanie divided into three main groups depending on the subject (general, special), depending on the actors (organizations and individuals), depending on the type of the exploited natural objects (land, forests, subsurface, etc.).

Under the environmental means the use of mineral rights to properties of the environment - environmental, economic, cultural and recreational. Allocate general and specialized nature.

Total natural resources does not require any special permission. It is carried out by the citizens of its own natural (human) rights, emerging and existing as a result of his birth and existence (the use of atmospheric air, water for drinking, household and therapeutic needs, etc.).

Special environmental recognizes this, which is realized by citizens and economic entities on the basis of the authorization of the competent authorities of the state. It is targeted and the types of objects used in the divided land, subsoil, forests, water, wildlife use (wild animals and birds and fish stocks), the use of atmospheric air. Special nature linked with the consumption of natural resources. In this part of it relates to a legal regulation with the industry legislation prirodnoresursovym Land, Forest, Water Code, the Law on the Subsoil Law on Protection, Reproduction and Use of Animals, the Law on Air Protection.

In the special nature of natural resources natural resources available in due course. The right of a special nature may be temporary or permanent, alienable or inalienable, acquired for consideration or free of charge, primary or secondary. For example, under Part 8 para 3 of Art. 107 of the Land Code in settlements to the total land are lands occupied and intended to engage in squares, streets, sidewalks, passages, roads, embankments, parks, urban forests, parkways, pools, beaches, cemeteries and other objects designed to satisfy needs of the population (water pipes, heating pipes, treatment plants and other engineering systems in common use).

The principles of nature: derivation of rights of use, environmental management, ecosystem, intended use, sustainability of natural resources law; payment for environmental management.

State regulation and control ekologopolzovaniem and the environment is expressed in three forms: legislative, enforcement and law enforcement.

Management practices: mandatory, a recommendation, approval, permit.

System of government regulation ekologopolzovaniya and the Environment: bodies of general jurisdiction, special jurisdiction agencies, authorities interdisciplinary competence, functional organs.

The object of legal regulation of the state acts as nature (environment) and its individual elements - earth, minerals, water, etc., so you can say that the subject of the public relations about the nature or the environment.

Types of environmental monitoring: the state, departmental, production, public.

Forms of environmental management: an integrated, comprehensive, differentiated.

Types of environmental impact assessment: state, social, scientific, regulatory, sanitary, legal.

Monitoring of the environment includes the following elements: a system-wide service monitoring of the environment (national, territorial, regional, specialized agencies, positions, stations, observatory), the monitoring of natural objects.

Environmental-liability is a comprehensive Institute for Environmental Law, which regulates legal relationships arising and relating to the application of sanctions for environmental violations between the authority competent to sanction and environmental offender.

Types of environmental liability: criminal, administrative, civil, disciplinary, material.

Land law.

The subject land and the legal regulation are not all relations on earth, but only those which have an economic content. In these respects, the earth acts as the object of ownership and use, provides a universal spatial territorial basis of industrial and economic, social work, and in agriculture and forestry, the main means of production and condition. In spite of the multiplicity of land running the economic, social and other functions of its objective features suggest the need for comprehensive, coordinated the legal regulation of land relations.
Contents of land relations depends on the types and forms of ownership of land held in public economic and social reforms, specific goals, objectives of land policy.

Common law of the land consists of legal institutions, containing regulations that apply to the entire industry, which action covers all or most types of land tenure and at the same time it expresses the general interest and fundamental beginning, the fundamental provisions of land regulation. Based on the content of land legislation to include the general part of the institutions: property rights to land, rights of land use, land fund governance, protection of property rights and other rights to the ground of legal liability for the land of the offense; land process. The norms of the common institutions of the land rights are directly or indirectly - through institutions of the special part of the norm. The last they are specified, are detailed with a specific subject to regulation of land tenure issues.

The special part of the land law is made up of institutions that define the legal regime for the use and protection of certain categories of land. In accordance with the law laid down in the categories of land allocated according to their main intended purpose, most often includes the following institutions that define the legal regime: the agricultural lands, land settlement, land industrial, transportation, communications, defense and other non-agricultural purposes, land protected natural areas of forest lands, lands of water fund, reserve land.

Institutions reflect the specifics of the special part, the peculiarities of legal regulation of governance, land use and protection of each category of land.

Methods of land rights:

Mandatory method characterizes the regulation of land relations on the basis of power-mandatory when the legal effect comes only from the top of government, the position of subjects is determined by the relationship of subordination, the legal inequality of the parties.

Permissive definition of a method characterized by general parameters of behavior of participants of land relations, legal equality of the parties, allowing them to freely and independently to regulate their relationships within the established limits.

The method of land law is contained in most legal systems, directly determines the means, methods, and finally, the possibility of a legal impact on land relations is a core element of the backbone of the process of legal regulation, streamlining the process of land relations.

System of principles of land law has a number of regulatory and functional properties: a) directly regulates land relations, and b) a means of overcoming gaps and contradictions in the regulation of specific land relationship, and c) determine the guidelines, is a guide for law-making and improving law enforcement, and d) provides systematic land-regulatory, and e) is a legal compliance indicator of the land policy of socio-economic interests of the subjects of land relations. Analysis of the current land law system allows you to emphasize the following principles:
- Ownership of land;
- Equality and equal protection of the public and private property in land;
- The provision and use of land by right of land use;
- Self-management on the land and the equal protection of the rights of subjects of land relations;
- Integrated land use;
- Government land fund;
- Judicial protection of land rights, integrity, inviolable and inalienable territory of the Republic of Kazakhstan.
- Land use management;
- Proper use of land;
- The priority of agricultural lands;
- Public support for the use and protection of land;
- Prevention of damage to the land;
- The elimination of damage to the land;
- Payment for land use;
- Sustainability of land rights;
- Availability of information on the state lands.

Дата добавления: 2015-11-14