Access of the Public to Environmental Information in the Republic of Kazakhstan

  • Roza YEREZHEPKYZY Department of Civil Law and Civil Process, Labor Law, Al-Farabi Kazakh National University Almaty, Republic of Kazakhstan
  • Serikkali TYNYBEKOV Department of Civil Law and Civil Process, Labor Law, Al-Farabi Kazakh National University Almaty, Republic of Kazakhstan
  • Arkhat ABIKENOV Department of Civil Law and Civil Process, Labor Law, Al-Farabi Kazakh National University Almaty, Republic of Kazakhstan
  • Sarsengali ALDASHEV Department of Civil Law and Civil Process, Labor Law, Al-Farabi Kazakh National University Almaty, Republic of Kazakhsta

Abstract

In the present work, a comprehensive legal analysis of public access to information in the field of environmental protection and the use of natural resources in the Republic of Kazakhstan has been conducted, and the legal basis for securing, implementing and protecting the public's right to access to environmental information has been examined. Particular attention is paid to the problems of direct implementation of environmental information provision, as well as to the role of the public in participation in decision-making in the Republic of Kazakhstan, legal problems of judicial protection of legitimate rights and interests of the public and citizens in this field. The theoretical conclusions and recommendations on improving the legislation are substantiated, based on the requirements for the implementation of the norms of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters in National Legislation.

References

[1] Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice of June 25, 1998. The Information and Legal System ʽAdiletʽ.
[2] Constitution of the Republic of Kazakhstan. 1995. Almaty.
[3] Dochshanova, A. 2016. Legal responsibility for mudflow consequences in Kazakhstan. Ponte 72(12), DOI: 10.21506/j.ponte.2016.12.29.
[4] Dubovik, O.L. 2001. Environmental law in questions and answers. Moscow: Prospekt.
[5] Laevskaya, E.V. 2002. Access to Justice in Environmental Matters. Minsk.
[6] Law of the Republic of Kazakhstan ‘On safety of food products’. 2007. Astana.
[7] The Law of the Republic of Kazakhstan. ‘On access to information’. 2015. Astana.
[8] The Law of the Republic of Kazakhstan. ‘On international agreements of the Republic of Kazakhstan’. 2005. Astana.
[9] The Law of the Republic of Kazakhstan. ‘On order of consideration of applications of natural and legal persons’. 2007. Astana.
[10] The Law of the Republic of Kazakhstan. ‘On State statistics’. 2010. Astana.
[11] The report 'Analysis of Ecological and Grazhdan Prospective Legislation of the Republic of Kazakhstan for compliance with the requirements of the Aarhus Conviction in terms of access to environmental informatics, justice and participation in the process of decision-making. Available at: http://www.aarhus.kz/wp-co№te№t/uploads/2013.pdf (Date Accessed: 05/09/2017).
[12] Zhatkanbayeva, A.E. 2010. Theoretical problems of constitutional and legal support of information security in the Republic of Kazakhstan. Almaty.
Published
2017-12-30
How to Cite
YEREZHEPKYZY, Roza et al. Access of the Public to Environmental Information in the Republic of Kazakhstan. Journal of Advanced Research in Law and Economics, [S.l.], v. 8, n. 7, p. 2267-2275, dec. 2017. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/2044>. Date accessed: 22 may 2024. doi: https://doi.org/10.14505/jarle.v8.7(29).28.