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26Oryntayev Zhambyl Kyluetovich,
Cand.Jur.Sci., Law department ofKazPNU named after Abay, Almaty, Kazakhstan
LEGAL REGULATION OF WASTE TREATMENT IN KAZAKHSTAN AND RUSSIA
The high level of environmental pollution by municipal and production waste, which also has a constant tendency to growth, causes the actuality of this article. According to the statistics, only on the territory of the Russian Federation over 85 billion tons of solid waste, including 80 billion tons of mining waste is accumulated in dumps and storages. Polygons for storing waste and garbage including the municipal waste occupy over 300 thousand hectares of lands. Moreover, the quantity of this waste increases almost by 2 billion tons every year. Annually 10 thousand hectares of usable lands are pledged for municipal waste and about 100 thousand tons of toxic waste is produced as well, however, no more than one third [1] of this waste is used and neutralized. Meanwhile, in 1999 from 130 million cubic meters of removed solid municipal waste only 3 percent [1] was processed.
The solution of problem with waste can be carried out effectively in several ways: technical, economic, organizational and etc. But, apparently, the most important role in the mechanism of waste management plays the law which fixes the exact mechanism of legal regulation in the field of waste management and its processing.
In the existing Russian legislation on environment the issues of waste management for a long time were regulated fragmentary and at the regulatory mainly departmental level, while in the highly developed countries the special Acts on storing, using and waste disposal were adopted away back in the 70-s of the last century. In Japan it is Waste Disposal Act (1971), in Great Britain - Deposit of Poisonous Waste Act (1972), in Germany - Waste Disposal Act (1972), in the USA - Conservancy and Raw Material Processing Act (1976). But in Russia Federal Act on Production and Consumption Waste was adopted only in 1998.
By the Decree of the Russian President dated 22.02.92 #179 there were approved the Categories of products and waste material, free sales of which is forbidden. In addition, by the Decree of
the Government of the Russian Federation dated 17.07.03 # 442 there were approved Regulations of International Reposition of Waste, as well as by the Decree of the Government of the Russian Federation dated 23.05.02 # 340 there was approved the Regulation concerning the licensing of activities involving the hazardous waste management and etc.
Some Regulations in the sphere of waste treatment are established by the departmental acts-orders, letters, instructions and other acts of the federal ministries and departments as well. In particular, by Order of the Ministry of Natural Resources and Environment of Russia dated 02.12.02 # 786 there was approved the Federal classifier- catalog of waste. In addition, by Order of MNRE of Russia dated 15.06.01 # 511 the Criteria of referring the hazardous waste to the class of danger for the environment were described as well.
It should be noted that, according to the opinion of the Russian legislators, the legislative base of the Russian Federation in the field of waste treatment is insufficient, and the Federal Production and Consumption Waste Act does not solve all the problems connected with waste.
The gaps of legal basis in the sphere of waste treatment give rise to the lack of integrity of using the appropriate standards in the judicial and administrative practice as well.
To eliminate the part ofthe specified shortcomings of the legislation there was directed the Federal Act # 309 dated 30.12.08 concerning the Introduction of Amendments to Article 16 of the Federal Environmental Protection Act and to the separate Enactments of the Russian Federation. The analysis of articles introduced to the legislation of Federal Act #309, allowed to speak about liberalization of requirements in the field of waste treatment.
First of all a new concept "waste treatment" was introduced into legislation. Along with this notion the concept "accumulation of waste" was described as well. By this term is understood the temporary waste storage (for the period of no more than 6
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months) in places (on the platforms).
These places must meet the requirements of legislation in the field of environmental protection and legislation in the field of ensuring the sanitary and epidemiological welfare of the population. The concept "transportation of waste" was introduced as well, the phrase which earlier was included in the Federal Production and Consumption Waste Act, however, the meaning of which was not revealed. At present by this term is understood the transportation of waste by means of vehicles outside the boundaries of the land plot which is either in the property of legal entity or the individual entrepreneur. The article "On Production and Consumption Waste" became the addition to chapter 1of Article 4, which legalized the division of waste into danger classes. However, the most essential changes characterizing the reduction of the administrative barrier on economic entities are connected with editing Article 18 of this law regulating the norms in the field of waste treatment. Nowadays the notice filing on presenting the report about the formation, use, neutralization and waste disposal is fixed for enterprises of small and medium business to the authorized federal executive bodies or executive authorities of the constituent entities of the Russian Federation according to their competency. At the same time owing to various reasons not all changes which are included in the Federal Production and Consumption Waste Act can be approved because some of them so far remained unsettled.
Still, such concepts, as "littering of the land plots", "waste processing",
"waste destruction", "waste recycling", "dumping ground", "waste material", "consumption residue" did not receive the legal interpretation. The meaning of some concepts is revealed in the laws of constituent entities of the Russian Federation.
The range of the administrative legal relations which are subject to the Federal Production and Consumption Waste Act is considerably narrowed due to the exclusion from the law some regulations on biological and hospital waste treatment. At present the activities on biological and hospital waste treatment are subject to the Veterinary- sanitary regulations of collecting, utilization and destruction of biological waste and by some other normative legal acts as well. As for the hospital waste they are subject to the Regulations of collecting, storage and hospital waste disposal, i.e.by-laws.
And it is important not only because these relations moved to the lower on validity regulating level, but also due to the fact that a number of organizational and legal norms which are contained
in the Federal Production and Consumption Waste Act, now will not extend to the relations in the sphere of biological and hospital waste treatment.
The Republic of Kazakhstan is an active participant in the field ofthe international cooperation on matters of the environmental activity, especially in the sphere of transboundary movement of waste, hazardous waste management, particularly, radioactive waste. Concerning the international cooperation our republic ratified: Convention on the Prevention of Marine Pollution Dumping of Waste and Other Matter (1972); Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal (1989); Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (1997); Intergovernmental Agreement of Member States of the CIS on the Control of Transboundary Movement of Hazardous Wastes and Other Matter (1996); Resolution of Inter-parliamentary Assembly of Member States of the CIS "On Model Law On Production and Consumption Waste (1998).
In 2007 the Republic of Kazakhstan ratified Stockholm Convention and assumed obligations to withdraw from circulation till 2025 and to eliminate all resistant organic pollutants (ROP) by 2028. To implement the Strategic development plan of Kazakhstan till 2020 the Ministry of Environmental Protection developed the industry Program "Zhasyl Damu" (further Program) for 2010-2014, approved by the Government Decree of RK dated September 10, 2010, #924.
In accordance with the assignments of President of the country for optimization of the program documents, the new Program integrates: Concept of ecological safety of the Republic of Kazakhstan for 2004-2015; Concept of the development and placement of natural areas of preferential protection of the Republic of Kazakhstan till 2030; Sectoral Program "Environmental Protection of the Republic of Kazakhstan for 2008-2010"; Program for conservancy and rational use of fauna and development of a number of natural areas of preferential protection till 2010. The program "Zhasyl Damu" is a complex of coordinated measures on resources, target indicators and measures providing the achievement of the set goals in time.
For today, according to the parliamentarians' point of view, more than 20 billion tons of waste is accumulated in the republic, including 230 million tons of the radioactive waste. This situation has caused the creation of the bill "On Waste". Annually, by calculations of the MPs, the quantity of the formed waste in Kazakhstan makes about 60 tons
per man a year, while in the developed countries -about 15 tons.
Accumulation of such a great number of wastes may become one of the main threats to the ecological safety of the country. The reasons owing to which the waste appears are: the irrational managing; the absence of economic incentives to eliminate old and newly formed waste, as well as the outdated regulatory base and absence of the special law governing the relations in the field of the waste treatment. The initiators of the bill consider that to solve the problem of waste treatment and management by implementing changes and amendments to the Law of the Republic of Kazakhstan "On Environmental Protection" is almost impossible.
In the bill "On Waste" the authors offer the main ways of solving this problem taking into account the international experience and observance of the following basic principles: 1. Formalize in legislation the liability on waste treatment with the owners of waste 2. Prevent the formation of wastes by reducing their quantity and harm, using the complete cycle of production. 3. Utilize waste till the full extraction of useful properties of substances, including reuse of raw materials. 4. Safely distribute the waste. 5. Give priority to waste utilization over its location. 6. Exclude from the economic turnover not utilized waste (dangerous, toxic, and radioactive).
7. Distribute the waste without infliction of harm to population health and the environmental disruption.
8. To eliminate waste at the expense of means of the producer.
The project provides licensing of the activities on the hazardous waste treatment. Taking into consideration this fact, the initiators of the bill suggest amending item1 of article 9 of the Law of the Republic of Kazakhstan on Licensing, which provides licensing of the activities on the hazardous waste management.
On December 9, 2004 there was adopted the Law of the Republic of Kazakhstan # 8 "On introduction of amendments and additions to the Environmental Protection Act of the Republic of Kazakhstan" concerning the matters of production and consumption waste [2]. The Law is supplemented with the following articles: Article 60-2 (Requirements to the waste disposal facilities); Article 60-3 (Requirements when dealing with dangerous waste). This Law is also supplemented with Chapter 10-1 (Ecological requirements when dealing with waste),
including Article 62-1 (Requirements to design, construction, reconstruction, preservation and elimination of buildings, structures, constructions and other objects); Article 62-2 (Requirements when maintaining buildings, structures, constructions and other objects); Article 62-3 (Requirements to the waste treatment in the territory of settlements); Article 62-4 (Requirements to the waste transportation); Chapter 16-1 (Control over the waste treatment), including Article 80-2 (Industrial control over the waste treatment); Article 80-3 (Accounting and reporting in the field of waste treatment); Article 80-4 (State Waste Inventory) [3].
According to the Law dated May 7, 2001 #193 the Republic of Kazakhstan joined the European Agreement on the International Carriage of Dangerous Goods by Road, signed in Geneva on September 30, 1957 [4].
In the field of monitoring the relations are subject to the Government Decree dated June 27, 2001 # 885 "On Approval the Rules of Organization and Maintaining the Single National System of Monitoring the Environment and Natural Resources"
[5].
The Law of the Republic of Kazakhstan dated March 11, 2002 #302 "On Protection of Atmospheric Air" regulates the emissions of harmful substances when dealing with waste [6].
On the basis ofthe conducted analysis it is possible to draw the following conclusions. The special law concerning regulation of the relations in the field of waste treatment of production and consumption is not adopted in the country. However, the existing standard and legal base in the field of environmental protection allows regulating a number of provisions of Basel Convention.
In this regard the need to improve the current legislation becomes very urgent. It may be possible by adopting the Law on waste or some new standard regulations as well as by implementing amendments in the already functioning regulations.
Thus, the existence of laws stated above (and specifying them by-laws) creates a legal basis for coordinating the process of waste treatment both in the Republic of Kazakhstan and Russia. They are joined together by the unified method of legal regulations and applied legal tools. Norms contained in them as a whole meet the requirements of the European Union and International Law.
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References
1. Federal Target Program "Ecology and Years" approved by the RF Government Decree. - 2001. # 52 (Part II). Art. 4973.
2. Law of the Republic of Kazakhstan dated December 9, 2004 #8 "On implementing amendments and additions to the Environmental Protection Act of the Republic of Kazakhstan concerning the production and consumption waste".// The " Kazakhstanskaya Pravda" dated December 16, 2004, #287-288.
3. Law of the Republic of Kazakhstan dated May 7, 2001 #193 "On Joining the European Agreement on the International Carriage of Dangerous Goods by Road ". Bulletin of the Parliament of the Republic of Kazakhstan, 2001, #10; Art. 134. The "Kazakhstanskaya Pravda" dated May 11, 2001 #114; "The Yuridicheskaya Gazeta" dated May 21, 2001, #24.
4. Decree of the Government of the Republic of Kazakhstan dated June 27, 2001 # 885 "On Approval the Regulations of Organization and Maintaining the Single National System of Monitoring Environment and Natural Resources". SAPP of the Republic of Kazakhstan, 2001, # 24-25, Art. 302.
Мацалада цалдыцтарды жоц жэне цайта оцдеу туралы цазацстандыц жэне pecerniK зацнамалардыц салыстырмалы сипаты берыген. Автор, бipiншiдeн, ауцымды экологиялъщ дагдарыстыц нeгiзгi цыры - адамныц шаруашылыц цыi3Memi цалдыгыныц цоршаган ортада тез жиналуы, eкiншiдeн, цалдыцтарды реттеу Ypдiciнiц eKi мемлекетте де цуцыцтыц нeгiзi бар, Yшiншiдeн, ею мeмлeкeттeгi цалдыцтар туралы цолданыстагы зацнаманы жeтiлдipу цажeттiгi тек цазip гана туындап отыр.
Ty^h свздер: зац, цайта оцдеу цалдыцтары, экологиялыц Kpyimi3diK.
В статье дается сравнительная характеристика казахстанских и российских законопроектов об утилизации и переработке различного рода отходов. Автор подчеркивает, что, во-первых, особый аспект глобального экологического кризиса - стремительное накопление в окружающей среде отходов хозяйственной деятельности человека, во-вторых, в двух государствах есть правовая основа для координирования процесса обращения с отходами, в-третьих, только сейчас назрела острая необходимость усовершенствования действующего законодательства об отходах в двух государств.
Ключевые слова: закон, переработка отходов, экологическая безопасность.
This article deals with the comparative characteristic of legislation of utilization and different waste processing in Kazakhstan and Russian. The author emphasizes that at first, the special aspect of global ecological crisis is a rapid accumulation of waste of the human economic activities in the environment, secondly, there is a legal basis for coordinating the process of waste recycling in two states, thirdly, only now an urgent need of improving the current legislation on production and consumption waste has appeared in these two states.
Keywords: law, waste processing, ecological safety.
Жамбыл Кылуетович Орынтаев,
з.г.к., Абай атындагы КазП¥У-нщ зац факультет^ Алматы, Казахстан ^азакстан мен Ресейде калдыктарды кайта ецеудщ кукыктык реттелуi
Орынтаев Жамбыл Кылуетович,
к.ю.н., юридический факультет КазПНУ имени Абая, Алматы, Казахстан Правовое регулирование обращения с отходами в Казахстане и России
Oryntayev Zhambyl Kyluetovich,
CandJur.Sci., Law department of KazPNU named after Abay, Almaty, Kazakhstan Legal Regulation of Waste Treatment in Kazakhstan and Russia
