Improving of legal bases of environmental authorities of civil society institutions: the expe-rience of the Republic of Uzbekistan
Рубрика: 3. Конституционное (государственное) право
Дата публикации: 05.03.2014
Статья просмотрена: 7 раз
Сафаров Д. И., Рузиев З. Р. Improving of legal bases of environmental authorities of civil society institutions: the expe-rience of the Republic of Uzbekistan [Текст] // Право: современные тенденции: материалы II Междунар. науч. конф. (г. Уфа, апрель 2014 г.). — Уфа: Лето, 2014. С. 54-56.
During the years of independence Uzbekistan, created a strong political, legislative and institutional foundations for successful solution of questions regarding protection of the environment. After independence, Uzbekistan has repeatedly confirmed its commitment to environmental security and sustainable development, signed the outcome documents on UN Conference about Environment and Development (Rio 92) join to the most important international conventions regarding climate change, desertification and maintenance of biodiversity, for the Prohibition of hostile use of a means of influence at the environment.
In particular, in 1993 Republic of Uzbekistan join to the outline UN Convention on climate change, the Vienna Convention for the protection of the Ozone Layer, the Montreal protocol on substances that deplete the Ozone Layer, in 1995 acceded to the Convention on biological diversity and ratified the Convention protection of the world cultural and natural heritage, the Basel Convention on the control of trans- boundary movements of hazardous wastes and their disposal, the energy charter treaty. In 1998 acceded to the Convention on the preservations of migratory species of wild animals, and ratified the London and Copenhagen amendments to the Montreal protocol on substances that deplete the Ozone Layer, in 1999 became a party to CITES (Convention on International Trade in Endangered Species of Wild Flora and Fauna) on the trade in wild animal species, and has ratified the Kyoto protocol to the UN outline Convention on climate change.
Also in 2001, Uzbekistan joined the Convention on wetlands of international importance especially as waterfowl inhabitants, in 2003 acceded to the agreement on the Conservation of protection African -Eurasian Migratory waterfowl birds, in 2007 joined Conventions pits on the protection and use of Trans- boundary watercourses and international lakes, and the non-navigational usage of international watercourses, etc.
Environmental protection and rational use of natural resources is one of the most important elements of the state environmental policy, which suggest the achievement of sustainable development based on the harmonization of environmental and economic opportunities, and also improving the legal framework of environmental legal relations.
Conditions of formation of civil society, becomes important improvement of the legal status of its institutions, increasing its role in the solution of environmental problems. For example, in Uzbekistan, the number of citizens' assemblies and branches of self-government - makhallas constitute more than 10,000, and there are more than 5,100 non-state, public organizations in various areas of activity, including children, school, women, legal, environmental, educational, mass media and others. More than 100 independent non-commercials organizations engaged to solve problems in environmental and public health issues.
Necessary to note that during the years of independence the country has gained significantly experience in solving environmental problems and overcome their negative consequences and efforts with participation of public associations and institutions of civil society and the public. Great practical importance is the establishment of the Ecological Movement of Uzbekistan, August 2, 2008 and the adoption of the Law of the Republic of Uzbekistan “On introduction amendments and additions to some legislative acts of the Republic of Uzbekistan due to improvement of electoral legislation” from 25.12.2008.
According to the above Law Ecological Movement of Uzbekistan allocated 15 seats in the Legislative Chamber in Oliy Majlis of the Republic of Uzbekistan, which allows him to have a direct, effective action to improve the legislation in the field of environmental protection and health of population, its strict implementation in the center and locally.
It should be noted that independent non-commercials organizations with environmental oriented play an important role in society, encourage and assist in the realization of advocacy programs to preserve the environment and public health. In this regard, an important role is played by the adoption Law of the Republic Uzbekistan "About Environmental Protection" dated December 27, 2013, aimed at further strengthening of public participation of independent non-commercials organizations in the implementation environmental control and monitoring of the situation in the regions in country environmental protection and public health.
Defining the role and place of independent non-commercials organizations in environmental control system, the establishment of control coordination mechanism, establishment powers environmental independent non-commercials organizations, departmental services and industrial environmental monitoring procedure for exercising their functions in this area contributed, primarily revitalization of environmental independent non-commercials organizations to ensure compliance with the requirements of legislation, government programs in the field of environmental protection.
Considering the importance of the role of environmental legislation in the regulation of ecological problems can be stated that the improvement of the legislative foundations of the institutions of civil society and participation in solving environmental problems is essential.
Based on the above, the following main areas for improvement of legislative bases of civil society participation in environmental issues:
The first trend covers the improvement of legal provisions that ensure the expansion of non-governmental organizations and non-governmental non-commercial organizations.
In order to intensify activity of not state noncommercial organizations are invited to consolidate their environmental rights and powers in a separate rule which will facilitate the identification of gaps in legislation. In particular, it is necessary to expand the scope of their authority as follows: development and implementation of environmental programs, protection of environmental rights and interests of citizens, involving them on voluntary basis to take action for the protection of the environment; perform works on conservation, environmental protection, safe and environmental management; participation in organizing the safeguarding of protected natural territories; participation in development and making decisions of government agencies relating to the environment, the implementation of environmental education and environmental culture; conducting scientific research in the field of ecology, to initiate a public environmental expertise and its implementation, the organizing of public hearings; getting timely, complete and accurate information from government agencies and organizations; collaboration with government agencies and international organizations on environmental protection, the right to conclude contracts with them and as defined by legislation in order to perform certain actions on them, participation in preparation of projects of legal acts in the field of environmental protection, participation in the preparation of plans and programs relating to the environment; apply to court claims for compensation for damage caused by violation of environmental legislation natural environment as well as individuals health, ownerships of physical property, and (or) legal entities; require administrative or judicial suspension or restriction of economic and other legal entities and individuals, negatively influencing on the environment and human health, as well as decisions on the placement or construction of environmentally hazardous facilities, installations, facilities and other facilities, the creation of funds for preservation of the environment, etc.
The second trend involves the expansion of environmental powers the most important institution of civil society - governments, which is important in providing citizens' environmental rights.
Thus, the Law the Republic Uzbekistan “About self-government institutions of citizens” (new edition) from 22.04.2013, the government authorities for fixed more than 30 major powers. Although above Act stipulates the procedure implementation of self-government agencies of public control, environmental legislation does not envisage citizens' self as the subject of public environmental monitoring and public environmental review. On this basis, it is proposed to authorize right of self-government public environmental control and public ecological expertise that will promote effective solution local environmental problems in their respective territories. This is due to the fact that self-government bodies for a long time are the main institution, rallying citizens in solving local environmental ecological problems. Moreover, it will serve as additional guarantee realization of human rights in this area.
Also, seems appropriate to empower the citizens' self-right application of administrative punishment in the form penalty for number of environmental administrative offenses committed in the corresponding territories. It will also foster and promote their activities and will strengthen the material base of self-government bodies in due to the fact that part of money collected will be sent to the account of the relevant body of self-government of citizens. It should be noted that the identification and suppression of these offenses by public authorities not efficient enough, as a result in increased latency of these offenses that entail negative consequences for society. Based on the above, we consider reasonable to expand the powers of self-government in the field of ecology, transfer them to the right holding public environmental control and public environmental expertise, as well as the right to use the administrative penalty for some environmental administrative offense.
The third trend involves strengthening mechanisms, guaranteeing citizens and non-profit organizations the right to obtain environmental information, as one of the most important elements of civil society is complete guaranteed right to receive information. Important in the realization of the right to freely and easily access and use information, in particular in ecological character, was the adoption by laws “About principles and guarantees of the freedom of information” “About guarantees and freedom of access to information”, “About Informatization”, etc. It seems that in order to ensure the rights of citizens to environmental information and the improvement of existing mechanisms, it is appropriate to fix a separate environmental legislation content of the environmental information and to determine the responsibility of public authorities for providing complete and reliable environmental information.
In conclusion we would like to note that the civil institutions today are becoming an important factor in the protection of democratic values, human rights, freedoms and legitimate interests of the people and create conditions for improving the social, social- economic activity and legal culture of citizens and contribute to the maintaining the balance interests in society. Proceeding from this, the participation of civil society in the right application of environmental legislation will effective basis to prevent offenses in ecology, ensure improvement ecological and legal culture of people through active participation in their efforts to ensure environmental protection.