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