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NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of November 25, 2016 No. 8

About some questions of application by courts of the ecological legislation of the Republic of Kazakhstan on civil cases

(as amended of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan of 15.04.2021 No. 1)

For the purpose of ensuring uniform application by courts of the ecological legislation of the Republic of Kazakhstan on civil cases the plenary session of the Supreme Court of the Republic of Kazakhstan

decides:

1. The ecological legislation is based on the Constitution of the Republic of Kazakhstan and consists of the Ecological code of the Republic of Kazakhstan (further - EK), codes of the Republic of Kazakhstan "About health of the people and health care system", About subsoil and subsurface use, Land, Lesnoy and Water, the laws of the Republic of Kazakhstan of April 23, 1998 No. 219-I "About radiation safety of the population" (further - the Law on radiation safety), of July 16, 2001 No. 242-II "About architectural, town-planning and construction activities", of July 9, 2004 No. 593-II "About protection, reproduction and use of fauna" (further - the Law on protection of fauna), of July 7, 2006 No. 175-ІІІ "About especially protected natural territories" (further - the Law on especially protected territories) and other regulatory legal acts.

2. Rules of application of EK in case of contradiction of its regulations to international treaties, and also other laws of the Republic of Kazakhstan governing the relations in the field of environmental protection are provided by Items 2 and 3 of article 2 EK. The ecological legislation governs the relations on protection, reproduction, use, protection of natural objects and protection of life and health of the person. The concept of environmental protection is this in the subitem 46) of article 1 EK.

Questions of protection and use of subsoil, waters, the woods and other natural resources of especially protected natural territories which are not used in economic activity the animals and plants entered in the Rules of maintaining the Red List of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of June 2, 2012 No. 734, in the part which is not settled by EK are regulated by the laws on protection of fauna, on especially protected territories, on subsoil, other special laws, regulatory legal acts.

3. Natural resources can be in the Republic of Kazakhstan generally or special environmental management (article 10 EK). It is necessary to understand individually certain parts of natural resources (the parcel of land, water object, the site of forest fund and so on) isolated physically as object of the right of environmental management (by establishment of its borders on the area, "in nature").

In case of general environmental management the population has the right to perform constantly and on free basis use of objects of the environment for satisfaction of vital requirements, without provision of natural resources in the isolated use, except for the restrictions provided by the ecological legislation.

Determination of special environmental management contains in item 4 of article 10 EK. Issues to the environment in the course of maintaining economic and other types of activity are performed by users of nature based on special permissions and on paid conditions, according to the procedure, the established EK and other legal acts. So, the payment for issues to the environment, as well as obligatory payments for use of separate types of natural resources, is established by the tax legislation of the Republic of Kazakhstan (Item 1 of Article 101, article 102 EK).

4. Determinations of users of nature, their types contain in the subitem 71) of Article 1 and article 11 EK, issue to the environment - in the subitem 43) of article 1 EK.

Issues to the environment are allowed within the set limits, that is normative amounts of the issues to the environment established for certain term and depending on category of object by authorized body in the field of environmental protection or local executive bodies of areas, cities of republican value, the capital.

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