RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of October 17, 2024 No. 27

About some questions of application of the legislation by consideration by courts of the civil cases connected with environmental protection

The nature and its components are property of the Kyrgyz Republic, one of major factors of its sustainable social and economic development.

The ecological safety as component of homeland security of the state, is basis of preserving natural ecosystems and maintenance of the corresponding quality of the environment.

Complex bases of development of policy of environmental protection are aimed at providing sustainable human development. This principle is enshrined in article 49 of the Constitution of the Kyrgyz Republic according to which everyone has the right to the ecological circle, favorable for life and health. Everyone has the right to indemnification, caused to health or property by actions in the field of environmental management. At the same time, everyone shall protect and make thrifty use of the surrounding environment, plant and animal life.

The stated constitutional provision provides that effective application of the legislation on environmental protection, and also ensuring realization of the rights of citizens to the environment, favorable for their life and health, is obligation of authorized state bodies.

For the purpose of the correct and uniform application of the legislation by courts on the specified category of cases, the Plenum of the Supreme Court of the Kyrgyz Republic, being guided by requirements of part 2 of article 98 of the Constitution of the Kyrgyz Republic, article 18 of the Constitutional law of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts", decides:

1. By consideration of civil cases on the disputes connected with violation of the law in the field of environmental protection and environmental management to be guided by the laws and other regulatory legal acts of the Kyrgyz Republic, and also international treaties in the field of environmental protection.

3. Disputes are subordinated to courts, in particular:

- about indemnification, caused to the environment;

- about indemnification, the land, forest, water and other objects of the nature caused to owners (users) (in particular, owing to death belonging to these persons of harvest, animals, etc.);

- about indemnification, the physical person caused to health;

- about compensation of the damage caused to property of physical person and legal entity, local government bodies, local community and the state;

- about assignment on the defendant of obligations about recovery of the broken state of environment;

- about suspension or the termination of the activities doing harm to the environment;

- about prohibition of the activities creating danger of damnification to the environment in the future;

- about collection on normative payment (dumping, emission and placement of waste) for environmental pollution and others.

4. In case of adoption of actions for declaration of nature protection bodies about compensation of damage, courts need to mean that the pre-judicial procedure for the dispute resolution, for this category, is not provided by the legislation.

5. Claims for this category of cases are made in court at the place of residence of the defendant - physical person, or in the location of the legal entity. Also claims to the legal entity can be made in the location of its property.

At the same time it is necessary to consider that according to part 4 Articles of 31 GPK of the Kyrgyz Republic compensatory actions caused by mutilation or other damage of health, and also the death of the supporter can be shown by the claimant also in the place of his residence or in the place of damnification.

6. Courts should mean that according to requirements of Item 19 of part 1 of article 141 of the Code of the Kyrgyz Republic "About the non-tax income" nature protection bodies for recovery suits in the income of the state of means on compensation of the damage caused to the state by environmental pollution and irrational use of natural resources, abuse of regulations of hunting, fishery and protection of fish inventories are exempted from collection of the state fee.

According to requirements of items 4 and 11 parts 1 of article 141 of the Code of the Kyrgyz Republic "About the non-tax income" and according to Articles 45, 46 Laws of the Kyrgyz Republic "About environmental protection" the physical persons, the trade-union organizations and public associations which are acting for the benefit of physical persons in case of submission of actions for declaration in claims for compensation of property damage, and also the harm done by mutilation or other damage of health and also in connection with the death of the supporter as a result of violation of the nature protection legislation, are exempted from collection of the state fee.

7. Courts in case of acceptance and preparation of cases for the production need to be guided by requirements of the civil procedural legislation of the Kyrgyz Republic and the resolution of the Plenum of the Supreme Court of the Kyrgyz Republic "About preparation of civil cases for legal proceedings" of March 30, 2018 No. 8.

According to part 2 Articles 40 GPK of the Kyrgyz Republic in the cases provided by other laws, the parties can be also the organizations, not being legal entities (country, farms).

9. It is also necessary to take into account that according to article 9 of the Aarhus Convention public associations also have the right to protect environmental laws and interests of the population along with other persons, to make compensatory actions to health and property of citizens, the nature protection legislation caused by violation in court.

Activities of public associations in the field of environmental protection, are performed according to their charters and the current legislation. Owing to the paragraph 11 parts 1 and parts 2 of article 45 of the Law of the Kyrgyz Republic "About environmental protection" in the charter of the public association performing ecological functions shall be stipulated the right to presentation in court of the compensatory action to health and property of citizens caused by violation of the nature protection legislation.

By hearing of cases, connected with indemnification to health of the citizen caused by violation of the nature protection legislation according to article 54 of the Law of the Kyrgyz Republic "About environmental protection" as the claimant the trade-union organization which member the citizen is has the right to act.

According to Articles 5, 48 and 49 GPK of the Kyrgyz Republic state bodies, local government bodies, other bodies, prosecutors, citizens and legal entities can take a legal action with the claim in protection of the rights, freedoms and the interests of other persons protected by the law at their request or the uncertain group of people, or in protection of the state or public concerns.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info