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LЕGAL REGULATION OF SPECIALLY PROTECTED NATURAL AREAS REGIME VIOLATION




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Environmental criminality is a complex system consisting of environmental crimes; a complex system of reprehensible actions constituting a threat to the environment and human health and dangerous to society.

Environmental crimes are characterized by very high latency; the number of collective crimes comes up to 100%.

In general, criminality takes place in any society. However, the level of social, economic and cultural development and the society standard of living influence crime causes and nature.

In order to determine the causes of environmental crimes occurrence it is necessary first of all to examine and appraise the terms «causes», «conditions», «factors».

The causes of crime is the force instigating to commit a crime [1, b50].

 Interconnection of various factors of subjective and objective nature assists in the commission of a crime. Causes of crime are a set of such factors. Causes generate crime while conditions being the basis of the causes engender the opportunity of their criminal resolution.

Causality is the connection of objects and phenomena; this fact gives rise to known processes.

In the 60s of the twentieth century M.D. Shargorodskiy wrote: «In a general sense causes of crime are all conditions that formed the basis of occurrence of the crime. But all the conditions play different roles. Some of them create conditions for contriving a crime, while the others carry them into effect.   Therefore the first should be considered as a condition, and the second as a cause [2, b45].

From this reference we see what is the causes and condition of a crime and criminality. However, it is necessary to distinguish between the criminality causes and the causes of the particular offence. In the former case, the cause generates a consequence, while in the second case the cause engenders a specific action.

One should distinguish between the causes of criminality in general, and the reasons of a particular type of crime. In the works by O. Dubovik and A.E. Zhalinsky entitled Causes of environmental crimes one can find such description of environmental crime causes: «… the only cause of environmental crimes is lack of quality control over the use of natural resources» [3, b47].

Another cause of environmental crimes is failure to comply with rules in the field of environmental protection; it is mostly due to economic deficiency. When natural resources are used with great care and in compliance with all the rules, then economic activity in the sphere of natural resources use will be unprofitable. Therefore, in order to gain a profit many enterprises do not comply with environmental safety and laws.

One more reason for environmental crimes development is globalization. In comparison with small, sparsely populated towns and villages, ecological criminality is higher in large cities having efficient industries.    Globalization — is the concentration of the population in a certain place [4, b17].

In addition to the above causes of environmental crimes, there is a legal environmental consciousness. Within the philosophical significance of this notion consciousness is the form of genuineness intrinsic to   human being only, a way of attitude to life and to itself. A legal consciousness is a complex of feelings and views of people in relation to law and legal phenomena in public life. Environmental legal consciousness is the kind of legal consciousness. Its appearance is associated with the development of   growing ecological crisis and preservation of human civilization. In this regard, today the obligation of a   law-based state is the introduction of environmental technologies, the development of environmental legislation and   environmental legal consciousness of people.

One more reason being the basis of environmental crime is the level of legislation in the field of ecology. Imperfection and deficiency of legislation in the sphere of ecology facilitate environmental crimes.

Thus, the following reasons are the basis of the environmental crime commission:

  • Imperfection of the state policy in the field of environmental protection;
  • Adverse socio-economic situation in the country;
  • Kazakhstan technical backwardness;
  • Imperfection of legislation in the field of environmental protection;
  • Lack of public control, poor social consciousness, and shortcomings in organization of environmental education of population.

Environmental monitoring and protection is of great importance for the prevention of environmental crimes.

Preservation of specially protected natural areas is a set of actions that can be performed at specially protected natural areas in order to detect and prevent violations of the Republic of Kazakhstan law in the field of specially protected natural areas, fire prevention, detection and extinguishing [5, b55].

State administration as regards special protected natural areas is implemented by the Government of the Republic of Kazakhstan, relevant authorities, central governing bodies having entrusted specially protected natural areas, and other authorized regional executive bodies (of oblasts and cities having republican status, capitals) within the limits of their competence and specified by Environmental Law and other legislative acts of the Republic of Kazakhstan.

Within the competence of the Republic of Kazakhstan Government in the field of specially protected natural areas there is the following:

  • Development of the state policy basic directions in the field of specially protected natural areas;
  • The right of possession, use and disposal of the state natural reserve fund objects of national significance and specially protected natural areas;
  • Determination of the authorized body with regard to specially protected natural areas;
  • In the cases related to  expansion and   creation of specially protected natural areas  of national significance,  allotment and withdrawal of land plots from all categories of land property including the allotment and withdrawal by purchase;
  • The establishment and expansion of specially protected natural areas of republican significance.

State control in the field of specially protected natural areas is aimed at ensuring compliance with laws of the Republic of Kazakhstan regarding specially protected natural areas on the part of legal entities and individuals, as well as government bodies.

State control over the observance of environmental requirements with regard to ​​protection, reproduction and use of the state natural reserve fund objects is carried out by the authorized body in the field of environmental protection.

In order to prevent environmental crimes including violations of the specially protected natural areas regime, adherence and compliance with the law on the part of individuals and legal entities is of great importance. For example:

In accordance with Article 12 of the Law on Specially Protected Natural Areas, physical persons have the following rights and responsibilities with regard to specially protected natural areas:

  • To use specially protected natural territories in the manner prescribed by the authority;
  • To make proposals to the authorized body on issues relating to specially protected natural areas;
  • To participate jointly with environmental organizations in actions related to protection, conservation, restoration and use of objects of the state natural reserve fund;
  • To establish funds aimed at the development of specially protected natural areas and participate in their activities in accordance with the laws of the Republic of Kazakhstan;
  • To request from the relevant state authorities and receive the necessary information concerning the status and functioning of specially protected natural territories and ecological network.

Individuals are obliged to comply with the legislation of the Republic of Kazakhstan in the field of specially protected natural areas.

The protection is carried out taking into account the type of regime for the protection of specially protected natural areas based on the recommendations of scientific organizations and by permission of central executive bodies in charge of these areas.

With the aim of the state natural reserve fund restoration the following activities can be carried out at specially protected natural areas:

  • Reclamation of previously disturbed land;
  • Maintaining of water reservoir favorable treatment;
  • Regeneration of forests and forest cultivation aimed at erosion processes prevention and ecological situation improvement;
  • Reproduction, breeding and recovery in a natural environment of rare and endangered animals and plants species.

Restoration activities at specially protected natural areas are to be conducted taking into account the type of regime for the protection based on the recommendations of the relevant scientific organizations by agreement with the competent authority.

Protection of natural complex and the state natural reserve fund objects of environmental institutions is carried out by state inspectors of guide service of the relevant institution staff.

List of References:

  1. The State of Crime in Russia. Statistical Yearbook. — M., 1997-2004. 198b
  2. Gorshenkov G.N. Criminological Dictionary. Nizhniy Novgorod, 2004. 197-198b.
  3. Shargorodskiy M.D. Crime, Its Causes and Conditions in a Socialist Society // Crime and Crime Prevention. L., 1996. P.30
  1. Textbook for High Schools / under the general editorship of LLD, Prof. A.I. Dolgova. — M., 2001. P.515.
  2. Law of the Republic of Kazakhstan «On Specially Protected Natural Areas» (July 7, 2006). // Legal system Paragraph
    LЕGAL REGULATION OF SPECIALLY PROTECTED NATURAL AREAS REGIME VIOLATION
    Written by: Gilmanova Dinara Mugapparovna
    Published by: БАСАРАНОВИЧ ЕКАТЕРИНА
    Date Published: 05/29/2017
    Edition: ЕВРАЗИЙСКИЙ СОЮЗ УЧЕНЫХ_ 30.01.2015_01(10)
    Available in: Ebook