CC BY
20Yessenbekova Patima,
Senior Lecturer of South Kazakhstan University
named after M.Auezov ORCID: 0000-0002-0894-3279 E-mail: pyesenbekova@mail.ru
Blasheva Manshuk,
Senior Lecturer of South Kazakhstan University
named after M.Auezov ORCID: 0000-0001-6784-1048 E-mail: manshuk0881@mail.ru
LEGAL ASPECTS OF THE REGULATION OF GREEN ENERGY AS A
RESULT OF EXPO-17
A R T I C L E I N F O
A B S T R A C T
Keyword:
Policy, information, law, quality, justice, article, law,
development, article, result.
This article discusses the issues of further development of environmental legislation based on the results of the international exhibition "EXPO-2017". The paper argues for the need to adopt a new draft Law "on renewable energy sources". During the period of preparation and holding of EXPO-2017, the Company has done a huge amount of work, thanks to which the city of Nur-Sultan has received a legacy, as well as prerequisites for further development of the city of the future. As part of the preparation and holding of EXPO-2017, a talent pool was formed with unique knowledge and practical
experience in conducting international events.
The heritage includes pavilions that will present the theme of EXPO-2017: thus, the Central object of the exhibition, the Nur-Alem pavilion, will continue to function as a Museum. The Congress center and Energy Hall also retained their intended purpose. In the pavilion "best practices Area" is planned to place MCSTEP. The center will become a platform for the development of green technologies, innovations and transfer of world-class technologies. Other anchor initiatives will be located in international pavilions: AIFC, AstanaHub, IT-University. An international exhibition center will be built on the basis of the logistics center. The remaining facilities will function as a business center and catering facilities.
A number of indicators that characterize the demographic and economic development of Kazakhstan show growth. A similar dynamic is observed in the city of Nur-Sultan. The positive dynamics of demographic and economic trends in the city of Nur-Sultan and Kazakhstan will also have a positive impact on the Company's activities. Improving the quality of transport and information and communication infrastructure will increase the attractiveness of the EXPO-2017 area for potential customers. Improving the business climate in the Republic of Kazakhstan and increasing the number of legal entities will lead to an increase in the company's potential customer base.
The current economy of the Republic of Kazakhstan
was formed as an economy based on the use of natural resources.The use of resources is carried out through mining and sale abroad.This model is typical for the most of the countries of the post-Soviet space, because of the fact that the own industrial base for processing of natural resources is not competitive or insufficient and low-powered. During the years of independence over 600 mining campaigns with foreign participation or joint participation have worked in the market of the Republic ofKazakhstan.
Foreign investments in the economy of the Republic of Kazakhstan have reached record levels by 2016 - 1 trillion 200 billion US dollars.
There are critical remarks in the media about the construction of the model of a resource-oriented economy in Kazakhstan. However, this approach was the only correct one and allowed to ensure the country's socio-economic and political stability. The oil and gas sector is the largest part of the sale of natural resources
sector. The sale of energy carriers will always remain significant for the economy of Kazakhstan and other states. Oil and gas as energy carriers are in demand at the moment as the important elements of supporting human life. Those are necessary for Kazakhstan as important elements in ensuring the vital activity of the state economy. Any state will be stable and sustainable when it has products for domestic and foreign markets. Nowadays, there is a decrease in the profitability of mining and use of gas and oil. Additionally, the process of depletion and reduction of energy resources reserves. However, the energy as a commodity remains an actual product, which is traded successfully bystates.
EXPO-17, as a special international event, has shown that many scientific researches are aimed at the production of one product-energy.
Alternative sources are involved in this process.The main priority of EXPO-17 was a production, where a favorable and stable natural environment isensured.
This article is devoted to the issues of further development of environmental legislation based on the results of the international exhibition EXPO-2017. The paper proves the necessity of adopting a new draft law "On Renewable Energy Sources".
At the same time,despite the benefits of alternative energy sources, studies by economists show that the share of components from "green" energy production in the Republic of Kazakhstan, nowadays, hardly reaches 2% of the total amount of produced energy. The role of state regulation and state support is to stimulate thisprocess.
The government has adopted a number of policy documents aimed at developing alternative sources of energy. On February 1, 2010, by the Decree of the President of the Republic of Kazakhstan № 922, the Strategic Development Plan of the Republic of Kazakhstan until 2020 was approved, in which indicative
indicatorsfortheproductionofalte rnative"green"energyasof2020w
erefixed[1].OnMay30,2013,the Decree of the President of the Republic of Kazakhstan № 577 approved the Concept on the transition of the Republic of Kazakhstan to the "green economy"[2].
It is significant to apply the legal mechanism in order to implement the conceptual, methodological documents, i.e.the adoption of laws and by-laws.There is a similar legislative experience in the practice of CIS countries. For example, the Law "On alternative energy sources" was adopted in 2011 in the Republic of Ukraine. The law provides for the application of administrative sanctions to enterprises that do not use alternative energy sources. In addition, state subsidies were introduced to enterprises using "green energy".
The attempts were also made in the Russian Federation. Forinstance, a draft law "On State Policy in the Sphere of Using Non-traditional Renewable Energy Sources" was developed and adopted[3].
For many in Russia the
production of alternative development of the Astana
ecological clean energy is agglomeration and the
controversial and less cost- development of tourism,
effective, as Russia is one of contribute to the growth of
the world's largest countries demand for Public services.
mining hydrocarbon raw Success factors in the work of
materials. the Nur-Alem Sphere and the
Kazakhstan's economy is implementation of the KVM are
currently significantly the level of development of
dependent on the global oil culture and education in the
price, and its fall entails risks of country, as well as the
weakening the country's awareness of target audiences
domestic economy. However, and the General public about
the state is taking long-term the goals, values and activities
measures and steps to reduce of the Society. the country's dependence on A provision on financing
oil, in particular by renewable energy sources at
implementing the strategy the expense of the state was
"Kazakhstan - 2050" and the introduced inthe draft law
Concept for the transition of the because of the fact that serious
Republic of Kazakhstan to a costs are required to produce
"green economy", which are "green" energy. For instance, in
aimed at diversifying and Russia about 3% of state
modernizing the economy. The investments in the fuel energy
absence of a business center in complex were on
Central Asia opens up alternativeenergy. opportunities for the Society to It is necessary to mention
become the only modern that in 2003 the President of
business center and a point of the Russian Federation rejected
attraction for local and foreign thedraftlaw and withdrawn it
companies and investors. from consideration of the
Socio-economic factors, Parliament because of its
such as the growth of the economic unpreparedness.
population and its income, the Inthesame year "The Energy
Strategy of the Russian Federation for the period until 2020" was adopted, Thus, at the present time in Russia there is no legislative act regulating the use of alternative renewable energy sources.
In the Republic of Kazakhstan Law "On supporting the use of renewable energy sources" was also adopted on 4th July, 2009 [4].
Firstly, the above Law gives the definition of renewable energy sources. According to Article 1, "Renewable energy sources are energy sources continuously renewed due to naturally occurring natural processes, which include the following types: solar energy, wind energy, hydrodynamic energy of water; geothermal energy: heat of soil, groundwater, rivers, reservoirs and anthropogenic sources of primary energy resources: biomass, biogas and other fuels from organic waste used for the production of electricity and (or)heat".
The Chapter 2 of the law is
called "State regulation in the field of support for the use of renewable energy sources". This type of government regulation includes:
Approval and
implementation of the plan for allocating facilities for the use of renewable energy sources taking into account the targets for the development of the renewable energysector;
Establishment of fixed tariffs and marginal auctionprices;
Provision of targeted assistance;
Creation of conditions for training and training personnel of Kazakhstan and conducting scientific research in the field of using renewable
energysources;
Technical regulation;
Adoption of normative legal acts in the field of the use of renewable energysources.
The next legal provision is important: Article 9 is called "Support for the sale of electricity and (or) heat energy produced by renewable energy sources". It sets the norms stimulating economic interests
of producers of alternative According to the law, the
types of energy. financial settlement of electrical
According to paragraph 5 energy imbalances from
of the article, contracts for the facilities for the use of
purchase and sale of thermal renewable energy sources is
energy produced by energy carried out by the settlement
producing organizations using and financial center under the
renewable energy sources are tariff for the support of
concluded for a period not less renewable energy sources in
than the payback period of the accordance with the rules for
project for the construction of the functioning of the balancing
an object for the use of electricity market approved by
renewable energy sources the authorizedbody.
defined in the feasibility study The normative act does
of the construction project for not fully respond to the existing
the facility for use renewable practical interests for several
energy sources. reasons.There are only 12
Energy transmission articles and their content must
organizations are obliged to be expanded by strengthening
provide free access to the legal mechanism that
transmission through networks stimulates the creation of new
to energy producing objects of alternative
organizations using renewable energysources.
energy sources in accordance The main result of EXPO-
with the legislation of the 17 is that in order to develop
Republic of Kazakhstan. "green" energy in Kazakhstan
At the same time, energy and to introduce the latest
producing organizations that scientific developments into
use renewable energy sources production it is necessary to
are exempted from the payment adopt a new version of the Law
of services provided by energy "On Renewable Energy
transmission organizations for Sources".
the transmission of electrical The law should
energy. consolidate both administrative
measures and measures of ensuring energy and
economic stimulating. Thus, the environmental safety,
draft law should include norms: encouraging the use of on preferential taxation of renewable energy sources and
enterprises of the "Green organizational, institutional
Energy";on the application of structures.
the state order with the The tools for the
approved tariff for "alternative" development of renewable
energy; on the introduction of a energy sources are economic
cost factor in the purchase of measures aimed at the
"alternative" energy; on development of renewable
preferential loans to enterprises energy sources, which are used
of the "Green" energy; on the depending on the social,
state and priority support of the economic and legal specifics of
enterprises of the "Green" the state, are approved in the
energy in solving land and legislative acts of the state, and
other issues. consist of direct or indirect
Authors propose to methods for the development of
introduce the concept of an renewable energy sources. It is
economic mechanism for the best for the legislation of the use and development of Republic of Kazakhstan to
renewable energy in the apply a mixed version of the legislation of the Republic of use and development of
Kazakhstan on the use and renewable energy sources. The
development of renewable implementation of the long-term
energy sources. plan for the formation of the
The economic mechanism Astana agglomeration until
for the use and development of 2030 will help the city of Nur-
renewable energy sources is a Sultan to become a center of
system consisting of various financial, educational and
economic instruments that are medical services of high quality,
aimed at preventing barriers to increase tourist attractiveness,
the development of renewable which will have a positive
energy sources, its use, impact on the future activities of
the Society. The mixed version of the use and development of renewable energy sources includes the simultaneous use of green certificates, the tariff system and the auction system.
The simultaneous use of these three systems contributes to the conclusion of long-term investment contracts and the improvement of the quality of the state in this area, the determination of the limits of the responsibility of market participants in ensuring transparency and simplicity in the selection of investment projects, the introduction and use of renewable energy sources, and, the most importantly, the supply of renewable energy sources consumers at a low price. The norms stimulating the economic interests of the enterprises of the "Green" energy sector should be included respectively in the Tax, Land and Civil Codes, the Law "On Banks and Banking Activities" and other legal acts.
The implementation of
investment projects will create jobs in the region during the construction of new facilities and will have a further socioeconomic effect through the activities of users (tenants) of these facilities.
In General, the Company's activities and its positive effects such as increasing the level of business activity, attracting foreign investors and tourists, developing human capital and entrepreneurship, etc. will have a positive impact on tax deductions, as well as the sustainable development of the new business center in NurSultan will be important as a locomotive for the development of both the region and the country as a whole, through demonstrating compliance with the best international practices and introducing innovations.It seems that the development of the legislation on alternative renewable energy sources will contribute to the development of "green" energy as one of the main outcomes of EXPO-2017-Astana.
References:
1. Decree of the President of the Republic of Kazakhstan dated February 1, 2010 № 922 "On the Strategic Development Plan of the Republic of Kazakhstan until 2020 //https://online.zakon.kz.
2. DecreeofthePresidentoftheRepublicofKazakhstandatedMay30, 2013№577"0ntheConcept for the transition of the Republic of Kazakhstan to the "green economy" //https://online.zakon.kz.
3. Draft Federal Law № 98033104-2 "On State Policy in the Sphere of Using Non-traditional Renewable Energy Sources" // GARANT System:http://base.garant.ru.
4. Law of the Republic of Kazakhstan dated July 4, 2009 № 165-IV "On Support for the Use of Renewable Energy Sources" //https://online.zakon.kz.
