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LEGAL REGULATION OF ENVIRONMENTAL PROTECTION IN THE
FIELD OF CONSTRUCTION
Nurullaev Shokhrukh Shukhratullaevich
Tashkent State Law University
Phd student
shokhrukhnurullayev@gmail.com
https://doi.org/10.5281/zenodo.13827161
Abstract:
This article examines the necessity and essence of legal
regulation of environmental protection in the field of construction. The article
discusses various regulations governing construction activities to minimize
environmental impact and ensure sustainable development. The article shows
the role of state bodies, legislation and enforcement mechanisms in compliance
with environmental protection standards in construction projects.
Key words
: legal protection, environment, construction, laws, standards.
INTRODUCTION
The construction industry is at the crossroads of growth and
sustainability. Because the demand for infrastructure development collides with
the need to protect the environment. In such a dynamic landscape, the legal
regulation of environmental protection in construction has emerged as an
important basis for harmonizing these conflicting interests and ensuring that
development is carried out in harmony with nature.
1
MAIN PART
The legal framework for environmental protection in construction
includes a wide range of laws and regulations at the local, national and
international levels. In many countries, Environmental Impact Assessment (EIA)
is the primary tool for assessing the potential environmental consequences of
construction projects before they are approved. These assessments examine
factors such as air and water quality, biodiversity and impacts on local
communities to help identify and mitigate potential environmental risks.
Our Constitution, which is our main encyclopedia, defines the basic rules
of Uzbekistan's ecological development strategy, requirements for ecological
and ecological safety of the population, and this political-legal document
contains the most important and basic rules for the protection of the natural
environment and the use of natural resources in our country. determines.
1
Kibert, Charles J., Jan Sendzimir, and Brad Guy. "Construction ecology and metabolism: natural system analogues for
a sustainable built environment." Construction Management & Economics 18, no. 8 (2000): 903-916.
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It is known that the role and importance of constitutional norms in the
implementation of environmental policy is incomparable. It is in the Basic Law
that the basic principles of the formation of environmental activities of state
bodies and public associations are strengthened, the environmental duties of
citizens are determined, priority directions of ecologically sustainable
development of society are established, etc.
The system of constitutional norms can be conditionally divided into two
parts - general and special ecological norms, based on the description of social
relations that arise and are regulated during the interaction of society and
nature.
General constitutional norms are of urgent importance in the
establishment of a democratic-legal state and civil society, in determining the
basic principles of organizing the activities of state authorities and management
bodies, in guaranteeing the basic rights and freedoms of citizens, and in
strengthening environmental law and order.
Territory and parts of the territory of the Republic of Uzbekistan,
territories and parts of the territories of settlements, state and regional systems
of population settlement, land plots, buildings and structures, territorial
production, urban development and landscape complexes, recreation and
production zones, cultural heritage areas facilities and their protection zones,
water areas on the borders of settlements and inter-settlement areas,
engineering and transport communications, advertising and information
facilities (constructions) are the objects of urban development.
2
Construction
projects are subject to numerous environmental regulations governing
everything from waste management and pollution control to noise and vibration
levels. These regulations often set strict environmental standards and require
developers to implement environmental protection measures during and after
construction.
3
In Uzbekistan, urban planning works are carried out in close connection
with the issues of environmental protection, protection of citizens from natural
and man-made conditions, and protection of public health. These rules are
enshrined in the Urban Development Code of the Republic of Uzbekistan. It is
known that the negative impact of construction can occur at all its stages - from
the acquisition of building materials to the use of finished objects. As a result of
the release of dust, soot, and harmful gases into the environment during the
2
https://lex.uz/uz/docs/-5307951
3
Bellamy Foster, John, and Brett Clark. "The sociology of ecology: ecological organisim versus ecosystem ecology in
the social construction of ecological science, 1926-1935." Organization & Environment 21, no. 3 (2008): 311-352.
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production of construction materials, products and details, it causes air pollution
and has a negative impact on human health. In this case, construction work
requires a significant increase in environmental culture, and these aspects
impose equal responsibility not only on construction organizations, but also on
customer and design organizations. In planning and construction projects, it is
necessary to reflect the protection of atmospheric air from harmful emissions
emitted by construction and transport vehicles and many other environmental
measures. Nature protection measures must also be taken when demolishing
buildings and structures.
In recent years, due to concerns about climate change and resource
depletion, there has been an increased focus on sustainable development in the
construction industry. Sustainable construction seeks to minimize the
environmental impact of buildings and infrastructure by incorporating
principles of energy efficiency, water conservation and waste reduction into the
design and construction process.
According to the Law of the Republic of Uzbekistan "On Nature Protection"
of December 9, 1992, "Methodological rules" must be taken into account.
Therefore, the following must pass the State ecological examination:
- drafts of state programs, concepts, the main directions and development
schemes of the national economy's productive forces and networks;
- site selection materials for all types of construction, pre-plan, pre-project
and project documents;
- programs of research works related to the assessment of the state of
natural resources and their use;
- environmental situation in individual regions, population centers and
facilities;
- existing enterprises and other objects that have a negative impact on the
state of the surrounding natural environment.
Green building practices such as using environmentally friendly materials,
improving energy efficiency and optimizing water use are becoming increasingly
popular in the construction industry. Many countries have adopted green
building codes and certification programs that encourage developers to build in
an environmentally responsible manner. Of course, ecological expertise plays a
decisive role in the prevention of negative effects on the natural environment
and public health, environmental inconveniences, and in making decisions
regarding the conduct of any economic activity. When evaluating projects
considered as objects of ecological expertise, special attention should be paid to
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environmental stability, factors affecting the health and life of the population. As
one of the important principles of ecological expertise, the direct participation of
non-governmental non-profit organizations, the public and citizens in this
process ensures that environmental expertise is transparent and fair. In
accordance with the requirements of ecological standards and regulations, it is
required to carry out nature protection measures in any construction, regardless
of the danger category of the object. That is, elimination of emissions released
into the atmosphere as a result of construction or their cleaning, prevention of
loss of natural resources are among them.
Ensuring compliance with environmental protection regulations in the
construction industry is a complex and multifaceted process. State agencies
responsible for monitoring environmental protection may conduct inspections,
issue permits, and impose penalties for violations of environmental laws. In
some cases, developers may be required to repair environmental damage caused
by their projects or to compensate affected communities for environmental
damage.
Compliance with environmental regulations is essential to protect the
environment and ensure that construction projects are carried out in a
sustainable manner. However, enforcement can be difficult due to the
complexity of environmental regulations, the diversity of construction projects,
and the need to balance environmental protection with economic development.
CONLCUSION
Legal regulation of environmental protection in the field of construction plays a
decisive role in promoting sustainable development and ensuring the
implementation of construction projects in an environmentally responsible
manner. By setting clear standards for environmental impacts, conducting
thorough environmental impact assessments, and ensuring compliance with
environmental regulations, governments can mitigate the environmental impact
of construction activities and protect the natural world for future generations.
4
It is essential that stakeholders in the construction industry adopt sustainable
practices and work with regulators to protect the environment and promote
sustainable development. Only through a concerted effort to balance economic
growth with environmental stewardship will we be able to build a more
sustainable future for our planet.
4
Escobar, Arturo. "Construction nature: Elements for a post-structuralist political ecology." Futures 28, no. 4 (1996):
325-343.
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References:
1.
Kibert, Charles J., Jan Sendzimir, and Brad Guy. "Construction ecology and
metabolism: natural system analogues for a sustainable built environment."
Construction Management & Economics 18, no. 8 (2000): 903-916.
2.
Escobar, Arturo. "Construction nature: Elements for a post-structuralist
political ecology." Futures 28, no. 4 (1996): 325-343.
3.
Bellamy Foster, John, and Brett Clark. "The sociology of ecology: ecological
organicism versus ecosystem ecology in the social construction of ecological
science, 1926-1935." Organization & Environment 21, no. 3 (2008): 311-352.
