Can the modern world afford to ignore environmental problems? The answer is obvious: no. That is why Kazakhstan has a state environmental control system — the most important tool that helps to maintain a balance between economic development and environmental protection.
But how does this system work? Control begins with the analysis of data that comes from a wide variety of sources-from automated systems to space monitoring. Then the information becomes the basis for checks and operational actions.
In this article, we will explain how the state works with violators and what measures are being taken to ensure that nature protection is urgent.
State environmental control is the activity of the authorized body in the field of environmental protection, aimed at ensuring compliance by individuals and legal entities with the requirements of the environmental legislation of the Republic of Kazakhstan.
State environmental control is carried out in the following forms:
1) preventive control without visiting the subject (object);
2) preventive control with a visit to the subject (object);
3) checks.
Preventive control without visiting the subject (object) of control is carried out by the authorized body in the field of environmental protection by analyzing data obtained from the media and the automated system for monitoring emissions to the environment, documentation and reporting, as well as space monitoring data containing signs of violations of the legislation of the Republic of Kazakhstan.
At the same time, the results of the analysis may be the basis for conducting preventive control with a visit to the subject (object) of control or an unscheduled inspection.
If a violation is detected by officials, an information letter is issued and sent to the subject of control within 10 working days from the date of detection of the violation.
An information letter sent by one of the following methods is considered delivered to the subject of control in the following cases:
1) on purpose-from the date of marking in the information letter of receipt;
2) by mail or courier service-from the date of registration of receipt;
3) by electronic means-from the date of sending to the email address of the subject of control specified in the letter when requesting the authorized body in the field of environmental protection.
The subject of control is obliged to submit to the authorized body, within 10 working days from the day following the day of delivery, a plan of measures to eliminate the identified violations, indicating specific deadlines for their elimination.
In case of disagreement with violations, the subject of control has the right to submit objections to the information letter to the authorized body within 10 working days from the day following the day of receipt of such a letter.
Failure to eliminate violations within the established time limit, as well as failure to submit an action plan to eliminate violations on time, are grounds for including the relevant subject (object) in the list of preventive control with a visit to the subject (object) of control.
The obligation of the subject of state environmental control to comply with the order to eliminate detected violations is provided by a penalty accrued to the state income.
The penalty fee is charged for each working day in the amount of 10 MCI for legal entities that are large business entities.
The penalty fee is calculated from the moment of expiration of the minimum term for execution of the order on elimination of detected violations, provided for by the Business Code of the Republic of Kazakhstan.
In case of non-payment of the accrued penalty on a voluntary basis within 10 working days from the date of sending the relevant request, the accrued penalty is collected in court.
In order to prevent and prevent repeated violations of the requirements of the environmental legislation of the Republic of Kazakhstan, officials, when conducting state environmental control, determine the amount of economic benefits received by the subject of control as a result of violation of the requirements of the environmental legislation of the Republic of Kazakhstan.
Officials, within one month from the date of establishing the fact that the subject of control has committed a violation entailing the imposition of a fine expressed as a percentage of the amount of economic benefit, collect and analyze materials, request the necessary information from such a subject of control and determine the amount of economic benefit.
Officials exercising State control may:
1) for carrying out preventive control with a visit to the subject (object) or verification, if there is an appropriate legal reason, enter the territory and premises of the object being checked, including with measuring devices and equipment for sampling, and, if necessary, with the involvement of consultants and experts, carry out the necessary measurements, take samples (including samples of goods and materials) and analyze them;
2) request and receive from the inspected subjects (objects) the results of laboratory tests of samples and other materials necessary to determine the amount of anthropogenic impact on the environment;
3) submit claims to the court for restriction, suspension and prohibition of the activities of the subject of state environmental control carried out in violation of the requirements of the environmental legislation of the Republic of Kazakhstan;
4) identify the facts of causing environmental damage and take part in determining measures to eliminate it;
5) apply to the prosecutor's office and other law enforcement agencies for assistance in preventing or suppressing actions of violators of the requirements of the environmental legislation of the Republic of Kazakhstan;
6) take measures stipulated by the laws of the Republic of Kazakhstan to revoke, revoke and suspend the validity of permits, opinions, licenses and other permits of individuals and legal entities in connection with violation of the requirements of the environmental legislation of the Republic of Kazakhstan.
Officials, in cases stipulated by the legislation of the Republic of Kazakhstan, have the right to store, carry and use special means (specialized means of communication, photo and video equipment, measuring instruments).
Before applying to the court, the subject of state environmental control has the right to submit a request to the appeal commission for consideration of a complaint against the act on the results of the audit, while the decision of the appeal commission is of a recommendatory nature.
The appeal of the subject of state environmental control to the court in accordance with the procedure provided for by the laws of the Republic of Kazakhstan entails the termination of consideration by the appeal commission of the complaint against the act on the results of the audit.
A complaint against the report on the results of the audit, filed after the application of the subject of state environmental control to the court in accordance with the procedure provided for by the laws of the Republic of Kazakhstan, or after the entry into force of a court decision, is not subject to consideration.
Environmental protection checklists were approved by the joint order of the Acting Minister of National Economy of the Republic of Kazakhstan No. 835 dated 30.12.2015 and the Minister of Energy of the Republic of Kazakhstan No. 721 dated 15.12.2015 "On approval of risk assessment criteria and checklists in the field of environmental protection, reproduction and use of natural resources".
It is recommended to check with them to check your company for compliance with the requirements of the environmental legislation of the Republic of Kazakhstan.
Sources:
- Business Code of the Republic of Kazakhstan;
- Environmental Code of the Republic of Kazakhstan (Chapter 12);
- Joint Order of the Acting Minister of National Economy of the Republic of Kazakhstan No. 835 dated 30.12.2015 and the Minister of Energy of the Republic of Kazakhstan No. 721 dated 15.12.2015 "On approval of risk assessment criteria and checklists in the field of environmental protection, reproduction and use of natural resources".