Academic journal article Journal of Legal, Ethical and Regulatory Issues

Harmonization of Environmental Legislation

Academic journal article Journal of Legal, Ethical and Regulatory Issues

Harmonization of Environmental Legislation

Article excerpt

INTRODUCTION

Particularly, the environmental legislation is the system of legislative and other legal acts including the legal standards regulating social relations in the sphere of environmental protection, rational utilization of natural resources, ensuring environmental safety of people and other objects (Julesz, 2011).

Problems of environmental quality, depletion of natural resources are increasingly becoming international. Today, the world community understands that without joint efforts to address these issues, further sustainable development is impossible. Consequently, the importance of international law in the field of environmental protection and the processes of convergence of national environmental laws of different countries is increasing and the environmental functions of international and intergovernmental associations are strengthening. States undertake to bring national legislation in line with international norms and implement them in the course of further activities.

Analysing the status and structure of environmental legislation in the EEA countries, two directions should be singled out: the first on the sources of law, the peculiarities of the lawmaking process and its results in selected countries of the EAEC, and the second on trends in the development of environmental legislation in the Union as a whole. In the field of environmental protection, the Agreement on Cooperation in the Sphere of Ecology and Environmental Protection, signed by the republics, is in force. In addition, it was decided to establish the Interstate Environmental Council. One of the most important forms of work is the creation of normative acts, which, to a certain extent, unify environmental legislation. The ecological situation is gradually becoming an increasingly important factor of development, affecting all spheres of political and economic well-being of the state.

LITERATURE REVIEW

Having analyzes this issue we have detected that each country has different level of economic development, level of environmental pollution and environmental approaches to the solution of this problem. But they are all characterized by conservation of natural resources for the present and future generations (Lozhkin, Krutolapov, Onov & Komashinskiy, 2016; Malysheva, 1996).

In order to solve their environmental problems many developing countries have no necessary means, scientific potential, equipment and practical experience. So, one of the most influential factors is interrelation of the countries in the environmental issues and study of the issues of development of some or another country (Zhavoronkova and Agafonov, 2014).

In the works by Malysheva harmonization of the environmental legislation in Europe is studied (Malysheva, 1996). She also studies the aspects of responsibility for environmental pollutions which should be laid upon the 'polluter'. Krasnova studied the issues of environmental law of the USA (Krasnova, 1997; Krasnova, 1992), Sablin-the issues of environmental policy of China and India (Sablin, 2011). Walter Frenz wrote the guideline for the European law (Frenz, 1997).

In the modern period, research and assessment of the causes of the environmental crisis are of fundamental importance and can have a great impact on the process of improving legislation (Zhang, Zhao & Jiang & Shao, 2017). Annually increasing volumes of use of natural resources in Kazakhstan, which is typical for all countries with a raw material orientation of the economy, testify to the tendency of increasing over-exploitation of nature. The Government of the country does not take into account the warning of scientists about the need for consistent and systematic monitoring of the environmental consequences of the macroeconomic policy pursued (Julesz, 2011).

An analysis of the environmental situation and legislation at present can and should lead to a reassessment of the person's attitude to himself and nature, as well as the choice of directions for his development in the future (Chavan, Rao & Keerthika, 2015). …

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