Article 5. Principles of environmental legislation of the Republic of Kazakhstan Environmental Code of the Republic of Kazakhstan

Home / RLA / Article 5. Principles of environmental legislation of the Republic of Kazakhstan Environmental Code of the Republic of Kazakhstan

The legal regulation of environmental relations is based on the following principles:

1) the principle of prevention: any activity that causes or may cause environmental pollution, degradation of the natural environment, causing environmental damage and harm to human life and (or) health is permitted within the framework established by this Code, only if all necessary measures are taken at the source of environmental impact to prevent the occurrence of these consequences;

2) the principle of correction: environmental damage must be eliminated in full. If it is impossible to completely eliminate the environmental damage caused, its consequences, as far as possible with the current level of scientific and technological development, should be minimized. To the extent that the consequences of environmental damage have not been eliminated or minimized, their replacement is ensured through alternative remediation in accordance with this Code.;

3) the precautionary principle: if there is a risk of causing environmental damage as a result of any activity, which has significant and irreversible consequences for the natural environment and (or) its individual components, or harm to human life and (or) health, effective and proportionate measures should be taken to prevent the occurrence of such consequences at economically acceptable costs, despite Despite the lack of scientific and technical knowledge at the current level, it is possible to substantiate and accurately assess the likelihood of these negative consequences.;

4) the principle of proportionality: environmental protection measures are provided to the extent that they are sufficient to achieve the goals and objectives of the environmental legislation of the Republic of Kazakhstan. In this case, preference is given to the option that is least burdensome.;

5) the "polluter pays" principle: a person whose activities cause or may cause environmental pollution, degradation of the natural environment, causing environmental damage in any form or harm to human life and (or) health, bears all costs for fulfilling the requirements established by the environmental legislation of the Republic of Kazakhstan to prevent and control the negative consequences of their activities, including the elimination of environmental damage caused in accordance with the principle of correction;

6) the principle of sustainable development: nature and its resources constitute the wealth of the Republic of Kazakhstan and their use must be sustainable. The State ensures balanced and rational management of natural resources in the interests of present and future generations. When making decisions on environmental protection, priority is given to preserving natural ecological systems and ensuring their sustainable functioning, water conservation, energy conservation and energy efficiency, reducing consumption of non-renewable energy and raw materials, using renewable energy sources, minimizing waste generation, as well as their use as secondary resources.;

7) the principle of integration: the state policy of the Republic of Kazakhstan in all spheres of economic and social activity is formed and implemented subject to a balance between the objectives of socio-economic development and the need to ensure the environmental foundations of sustainable development of the Republic of Kazakhstan, including a high level of environmental protection and improvement of its quality;

8) the principle of accessibility of environmental information: the State, based on international treaties of the Republic of Kazakhstan, ensures the observance of the public's right to access environmental information on the grounds, conditions and within the limits established by law;

9) the principle of public participation: the public has the right to participate in decision-making concerning environmental protection and sustainable development of the Republic of Kazakhstan, on the terms and in accordance with the procedure established by this Code. Public participation in decision-making on issues affecting the interests of environmental protection and sustainable development of the Republic of Kazakhstan is ensured from an early stage, when all opportunities are open to consider various options and when effective public participation can be ensured. Government agencies and officials ensure the publicity of planned decisions that may have an impact on the state of the environment, on conditions that allow the public to express their opinions, which are taken into account when making them.;

10) the principle of the ecosystem approach: when planning and making decisions by government agencies and officials, as a result of which negative consequences for the environment occur or may occur, the integrity and natural interrelationships of natural ecological systems, living organisms, natural landscapes, other natural, man-made and anthropogenic objects and the need for conservation should be taken into account. the natural balance of the natural environment. At the same time, priority should be given to the preservation of natural landscapes, natural complexes and biodiversity, the preservation and sustainable functioning of natural ecological systems, as well as the prevention of negative effects on the services provided by such ecological systems.

President

Republic of Kazakhstan

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