REPORT on measures taken to implement Decision III/6c
Party
/ Republic of KazakhstanFull name of institution: / Ministry of Environmental Protection of the Republic of Kazakhstan
Name and title of officer: / Diana Kenzhebekovna Mukanova
Director,
Environmental Legislation and Legal Support Department
Postal address: / House of the Ministries, 14
Left Bank
Astana 010000
Republic of Kazakhstan
Telephone: / + 7 (7172) 74-00-99
Fax: / + 7 (7172) 74-08-86
Email address: /
Contact officer fornational report issues(ifdifferent)::
Full name of institution: / RepublicanStateEnterprise “Informational-AnalyticalCenteronEnvironmentalProtection” oftheMinistryofEnvironmentalProtectionoftheRepublicofKazakhstan
Name and title of officer: / Lyudmila Vladimirovna Shabanova
ШабановаЛюдмилаВладимировна
Deputy Director General,
RSE “Informational-AnalyticalCenter on Environmental Protection” of the Ministry of Environmental Protection of the Republic of Kazakhstan
Postal address: / 11/1 Orynbor, “Kazhydromet” building, 6th floor
Left Bank
Astana 010000
Republic of Kazakhstan
Telephone: / 8-(7172)-79-83-38
Fax: / 8-(7172)-79-83-38
Email address: / e-mail:
Paragraphs of the DecisionIII/6c
6.Invites the Governmentof Kazakhstanto study in detailswith appropriatepublic participationappropriateenvironmentalandremedial legislationandcase lawin order to determinewhetheritprovidesjudicialand other authoritiesto reviewwith ample opportunity toprovide adequate and effectiveremediesin judicialreview;
Response:
The third report on the implementation of the Aarhus Convention in Kazakhstan has made assessment of national legislation (ecological, environmental and procedural), as well as the practice of law, with a view, does it judicial and other authorities to review with ample opportunity to provide adequate and effective remediesduring the trial.
FollowingnormativelegalactsoftheRepublicofKazakhstanwereresearched:
Constitutionof the Republic ofKazakhstan, the AarhusConvention, Civil Procedure, Environmental, Forestry,Water Code, Law"On speciallyprotected natural territories", "On the Protection, Reproductionand Use of Animals", "On Architectural,andurban, sanitary-epidemiological welfareof population "," On theemergency situations of naturaland man-madeorigin"," Onpublic associations ",as well asinregulatorydecision of the Supreme Court ofthe Republicof Kazakhstan" Onthe practice ofcourts oflawon the protectionof the environment "(SectionXXVIII.LEGISLATIVE,REGULATORY AND OTHER MEASURESTO IMPLEMENT THE PROVISIONSOF ARTICLE 9ON ACCESSTO JUSTICE)
It is concluded that in Kazakhstan at the legislative level real opportunities of injunctive relief complained of during the pendency of the public suit in the court. Thesematters are governed byChapter 15 of theCode of Civil Procedure.These issuesare also reflectedin the regulatorydecisionof the Supreme Courton March 20,2003, №2 "Onapplication by the courtsof certain rulesof civilprocedure law."
According to statisticaldatain 2009,the courtsof the Republic ofKazakhstanhas received616complaintsofindividuals and legal entities,including theprosecutors, and authoritieswith a claimon the protection ofthe environment, 291claim of which was satisfiedby the courts.In thestatistical informationto the current yearfigureswere not allocatedfor any claimsof the public.During the first 9months of 2010,only485complaintsreceived from individuals and entitiesonenvironmental issues, including13 applicationsfrom individualsand 159fromnon-governmental environmental organizations. 159claims were satisfied by courts,including 2claimsof individuals, and 53 fromnon-governmental environmental organizations.
In all regionalcourtsoperatetraining centersthat conductclasseswith the judgesto considerproblems arisingincourtsduring proceedings, including those related to the applicationof the Aarhus Convention norms.
Supreme Court andprovincialcourtsregularlymonitorthe qualityof court cases consideration, includingenvironmentaldisputes.Regional courtsofferelectronicinformation kiosksto betterensure theopenness andaccessibility of justiceandpublic awareness of judiciary.
The OSCEjointlywiththe NGO "Union of Judgesof the Republic ofKazakhstan" is planning toprovide trainingof judges andenvironmental NGOson the implementation ofthe Aarhus Convention.
In 2009, by theorder of the Ministerof Environment№ 221 an interdepartmental working grouponimplementation ofthe Aarhus Convention wascreated.The working group includes representatives of:
Ministry of Environmental Protection of RK,
Supreme Court of RK,
Ministry of Agriculture of RK,
Ministry of МинистерстваHealth of RK,
Ministry of Culture and Information of RK,
Ministry of Emergency of RK,
Ministry of Education and Science of RK,
Ministry of Energy and Mineral Resources of RK,
Akimat of the Astana city,
Ecological Forum of NGOs of RK,
Kazakhstani Association of Nature Managers for Sustainable Developmnent (KANMSD),
IAM “Nevada-Semipalatinsk”,
Institute of Biology and Plants Biotechnology.
It is plannedwithin the framework of the working groupto develop andapprove work planon researching the implementation ofthe Aarhus Conventionandthe harmonization of legislation, the resultswill be reportedto the Secretariat ofthe Convention.
For example,the Ecological Society"Green Salvation" earlier this yearsued the recognition ofinactivityof the Ministryof Environmentfor not givinginformation withinthe required period.And thislawsuithas beensatisfied(decision of 25.4.2011) by the courtof Astanaon the basis ofthe Aarhus Convention norms.
Paragraphs of the Decision III/6c
7. Further requeststhe Government of Kazakhstanto present to the Meeting ofthe Parties, through the Compliance Committeein six monthsbefore the fourth meetingof the Parties Report onmeasures takento ensurefull compliance withArticle9 of the Conventionand effective implementation of Article6,including, if necessary,report on any additional changesin legislationanddetailed proceduresand, in particular,on their practical applicationin connection with providingthe publica variety of effectivemeans of participation indecision-making process, ensuringproper accountingof public comments,as well astoactivities fallingwithin Article6 of the Conventionnotcarried outuntil the endof thepermitting processesin whichshouldprovidethe required level of public participation;
Response:
The third reporton the implementation ofthe AarhusConvention byKazakhstanprovidesfull informationabout the measurestaken to ensurefull compliance withArticle9 of the Conventionand effective implementationof Article 6(SectionsXV, XXVIII).
Additionally,in first half of2011 a number ofmeasures to comply withthe Conventionprovisions were launched:
1. The Government of Kazakhstanhas developedand submitted to theMajilisin November 2010a billwith amendmentsand additions tothe Environmental Code.
in June 2011Thisbill was approved bythe lower houseof the Parliament,and sent tothe upper house(Senate).The billincludes the followingprovisions:
-The possibility ofany persons, includingcitizens and NGOs, to submitto the court lawsuits for withdrawal ofpermits forenvironmental emissions,issued bycompetent state authorities.
-The requirementto issue apublic hearingon theenvironmental action plandeveloped bynatural resource userstoobtain permits foremissions into the environment.
In case of endorsement of these provisionsof the law,thebylawsgoverning theconduct ofpublic hearings and the issuance ofpermits foremissions into the environment will beamended, explanation of the adopted judicial norms will be held.
2. Ministry of EnvironmentdevelopedInstruction onprocedures ofenvironmental impact assessment(EIA)for objects withtransboundary effect.It is planned to adopt thisinstruction until the endof this year.
In order to planlong-term strategyfor theimplementation of the Convention the Conceptfor the implementation ofthe Aarhus Convention inthe period of2011-2014years was approved,and a Planof Action for itsimplementationwas adopted.
Plan includes following actions:
- Studieswith the public participation oftheenvironmentaland civilprocedure lawand relevant legalprecedentsto determinewhether it is forjudicial and otherauthorities toconsider the possibility ofproviding adequate andeffective remediesin judicial review.
- working out,within special workinggroupwith participation of publicand international experts, proposals forfurther harmonizationinorder to effectively implementthe provisions of the Convention.