Legal regulation in the sphere of production and consumption waste in the Republic of Kazakhstan

Table of contents: The Kazakh-American Free University Academic Journal №5 - 2013

Author: Khassenova Moldir, Kazakh-American Free University, Kazakhstan

People faced with a withdrawal from the earliest times, with the advent of man. Efforts to combat the accumulation of waste occurred in antiquity. So, in Crete by 3000 BC Municipal solid waste is placed in pits and hiding layers underground. In the Code of Justinian I of the Romans (VI cent.) were first recorded actions, protecting citizens from congestion wastes. But in general, the Romans have been limited by landfills around the towns and villages.

The first "incinerator facility" was built near London Paddington in 1874; first steps in recycling have been made in New York in 1885-1898 initiated by J. Warring – the Commissioner of the street cleaning department. He established different in shape and color the trash cans for waste constituents. This allowed most of the use of waste - was built a special factory replacement. But the first plant for solid waste (with a deep sort) was enacted only in 1932 in the Netherlands. Now in the world there are more than 1,000 plants and combustion in a fraction of the processing. While today the problem of solid waste to be fully resolved in any other country of the world, their utilization remains on the agenda of the twenty-first century [1, p. 3].

The problem of waste production and consumption is one of the hottest in the country. This is due to many factors. Among such problems, you can specify, for example, the following:

- The concentration of population in urban areas;

- Increase in the consumption of food and consumer goods;

- A small percentage of waste collected and processed for inclusion in production;

- Lack of adequate funding in this area;

- Poor governance to the field of management of waste;

- An acute shortage of waste disposal sites (landfills) that meet the requirements [1, p. 3].

Today due to the massive level of industrial development of Kazakhstan and increase of production form the huge quantities of waste, especially in the mining and energy industry. According to the January 2012 at the enterprises of the country has accumulated some 25 billion tons, including nearly 15 billion tons of valuable man-caused mineral formations, more than 1 million tons of radioactive waste, 10 billion tons of industrial wastes. However, the percentage of recycling is not more than 20 percent of the annual volume formed. This is the position we need to correct, using the latest technology, including the use of foreign investments and private capital. Among these problems, a special place recycling and disposal of municipal solid waste (MSW). Lack of waste treatment plants in most parts of the country leading to a constant increase in their volumes, accumulating in landfills and dumps. To the date, the country has about 100 million tons of solid waste. Disposal and recycling of the number formed by about 5 percent, and the rest of the amount placed on the sites, that is, elementary warehouses, polluting the environment [2].

According to statistical data of the Agency of the Republic of Kazakhstan under the statistics there are figures of the emissions of pollutants and their utilization for the last 8 years by region and of the whole country [3].

In June 2012, at the Conference on Sustainable Development "Rio +20" all countries supported the initiatives of Kazakhstan - a partnership program "Green Bridge" and "Global energy and environmental strategy," the proposed joint and practical arrangements for the transition to a green economy [2].

Legal regulation in the field of waste management is to prevent the harmful effects of industrial and domestic wastes on human health and the environment, as well as the involvement of these wastes into the economy as additional sources of raw materials. It is carried out, in accordance with the Environmental Code of the Republic of Kazakhstan accepted in 9th of January 2007 [4].

Subject To the Legal regulation is not the waste, and activities related to their education, collection, disposal or waste management. The concept of waste management includes the following activities: activity in which the waste is generated, as well as the collection, use, processing, transportation and disposal (storage and disposal) of waste [5, p.139].

Currently, the management of industrial and municipal waste is regulated by the Environmental Code of the Republic of Kazakhstan, the regulations in implementation. Sanitary rules adopted in accordance with the Code of the Republic of Kazakhstan "On the people's health and the health care system," also set the sanitary and epidemiological requirements for the collection, use, application, processing, transportation, storage and disposal of production and consumption [6].

Requirements of the Environmental Code of Kazakhstan met by waste management can be divided into three parts:

1. "Up to waste" - environmental requirements for individuals and legal entities in the process of activity that generate waste, to be undertaken to waste;

2. "After the formation of waste" - environmental requirements for natural and legal persons in activities that generate waste to be carried out after the formation of waste and include requirements for the accumulation of waste and the collection, processing, recycling, disposal, transportation and storage of waste;

3. "Waste disposal" - environmental requirements for natural and legal persons in activities that generate waste to be carried out at the burial of waste and include requirements for landfill disposal, including landfill disposal of hazardous waste, and points to radioactive waste disposal [7].

However, the rules of the Environmental Code and other legal acts regulating this area are not fully exploited. Environmental Code establishes only a general provision of waste management as one of the types of issues. However, international experience shows that different types of waste require different rules and standards of treatment. For example, wastes that are to use the products, are regulated such a norm as "extended producer responsibility", which cannot be introduced for other types of waste.

In addition, the waste has certain stages of the life cycle of waste (generation, collection, storage, transportation, etc.), which should have different regulations; it is not possible to register in the Environmental Code of the Republic of Kazakhstan. Technical regulations on waste management can be developed within the framework of the Customs Union and approved by the supranational body of the Customs Union. This creates difficulties in making the relevant standards.

However, there is a need to regulate the following:

1. There is a need to enter the terms and regulations for the "extended producer responsibility", which refers to the responsibility of the manufacturer of products at all stages of the life cycle of the product up to the disposal of products. It is also necessary to regulate consumer waste: electronic waste, energy saving lamps, packaging, etc.;

2. To provide financial responsibility of importers and manufacturers of packaging products in the processing and recycling. For this to provide contributions to the specially created special funds percent unit cost of manufactured goods and the packaging or the same percentage of the customs value of unit price and package units. In this case, the price of packaging suitable for re-use, in addition to the collateral value of it lies. Determine the list of goods of the value of which will be calculated payment. Provide in the cost of production cost of its disposal.

3. To introduce regulation on transfer of waste into secondary raw materials. Should be given criteria, such as availability of raw materials in the recycling and processing, the demand for these raw materials, and availability of capacity utilization;

3. To establish requirements for the packaging of goods, as well as the responsibility of producers and industrial consumers of packaging collection and recycling of their packaging after use, or delegated responsibility of the specialized organizations;

4. Business Promotion to the disposal and processing of raw materials by reducing the tax payments, non-tax payments (tariffs for electricity, water, etc.), grants from the budget, with changes to the Tax Code of the Republic of Kazakhstan;

5. Designing products with minimum waste after the use;

6. Inclusion in legislation targets of environmental quality, including the ratios of recovery and recycling of waste, the introduction of minimum targets for the recycling industry;

7. To set the recurrence of waste management: prevention (waste), sorting "at the source", and preparation for re-use, recycling, recovery and disposal;

8. To establish requirements for the phased introduction of separate collection, recovery and recycling of waste consumption (including their separation into components, food waste, ferrous and non-ferrous metals, textiles, paper and other waste);

9. To set incremental requirements for the management of specific household waste (packaging, paints and varnishes, household chemicals, batteries, electronics, etc.), similar to the existing EU directives.

Based on the foregoing, the specific issues of waste management are proposed to settle under a separate law "On the control of waste production and consumption."

The bill will address issues of waste production and consumption, as well as bringing the legislation of the Republic of Kazakhstan in accordance with the international standards of the European Union [6].

REFERENCES

1. Кичигин Н.В., Понамарев М.В. Правое регулирование в области обращения с отходами производства и потребления: научно-практическое пособие. – М. ИД «Юриспруденция», 2010. – 192 с.

2. Дерновой А. Проблема обращения с отходами производства и потребления остается одной из самых острых в республике [Online] Availablefrom: http:// www. zakon. Kz /4517091 - problema- obrashhenija - s- otkhodami. html [Accessed 5th October 2012].

3. Официальный сайт Агентства Республики Казахстан по статистике [Online] Availablefrom: stat.kz.

4. Экологически кодекс Республики Казахстан от 9 января 2007 года [Online] Availablefrom: adilet.zan.kz.

5. Боголюбов С.А., Кичигин Н.В. Законодательное регулирование деятельности федеральных органорв исполнительной власти по обеспечению экологической безопасности. – М.: Норма, 2007. - 368 с.

6. Концепция проекта Закона Республики Казахстан «Об управлении отходами производства и потребления» [Online] Availablefrom: kazenergy. com› images/ stories/ Pravovaia… othodam.doc.

7. Рамазанов Т. Экологический Кодекс: новые подходы к обращению с отходами. [Online] Available from: http:// www. zakon. kz/ 86411-jekologicheskijj – kodeks - novye-podkhody. html [Accessed 26th April 2007].



Table of contents: The Kazakh-American Free University Academic Journal №5 - 2013

  
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