Volume 04 Issue 01-2024
91
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
91-95
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In the modern world, environmental problems and environmental protection occupy a central place on the agenda of
many countries, including the Republic of Uzbekistan.
In the context of Uzbekistan, which is striving for sustainable development, the study of the formation and
development of national legislation in the field of ecology is of particular interest. Throughout the history of
independence, Uzbekistan has been actively working on the formation of a legal framework regulating environmental
issues. The key stages of this process were the period of independence and the influence of the Soviet legacy on the
formation of relevant legislation.
KEYWORDS
Environmental legislation, environmental protection, ecology, natural resources, Constitutions.
INTRODUCTION
Natural resources and the environment are an
important source of life for every person on planet
Earth. UN Secretary-General António Guterres noted:
“The healthy
environment is essential for all people
and all 17 Sustainable Development Goals. A healthy
planet is the foundation of almost every industry on
Earth."[1]. We consider it appropriate to recall that it
has already been 50 years since humanity recognized
the importance of the problem of environmental
protection. The first principle of the international
document, the Declaration of the United Nations
Conference on the Human Environment, declared:
“Human beings have the fundamental right to
freedom, equality and favorable conditions of life in an
environment of sufficient quality to lead a dignified and
prosperous life, and bear the primary responsibility for
the protection and improving the environment for the
benefit of present and future generations”[2].
It is important to take into account that if the current
international legal norms in the field of ecology and
Research Article
FORMATION OF NATIONAL ENVIRONMENTAL LAW IN THE REPUBLIC OF
UZBEKISTAN
Submission Date:
January 16, 2024,
Accepted Date:
January 21, 2024,
Published Date:
January 26, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue01-16
Rasbergenova Sarbinaz
Tashkent State University Of Law, Lecturer At International Law And Human Rights Department, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 01-2024
92
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
91-95
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
environmental protection contribute to the influence
and development of the international legal regime for
the protection of the whole world, and the norms of
domestic national legislation form new prerequisites
for its development and improvement.
Each independent state develops and adopts its
national legislation, including in the field of ecology
and environmental protection, based on its state of
environmental problems and in accordance with
generally accepted norms and principles of
international public law.
Issues in the field of ecology, as well as the
preservation,
restoration,
improvement
and
protection of the natural environment, are regulated
by both international law and national environmental
legislation. Indeed, in the Republic of Uzbekistan, from
the first days of independence, environmental
legislation, as well as other regulations, has been
actively and rapidly developing. This can be explained
by the fact that these were primarily aimed at
consolidating
and
developing
the
country's
independence.
The importance of protecting the environment and
caring for natural resources is also enshrined in the
norms of national law, including in the constitutions of
most countries of the world. Unfortunately, the
problem of environmental protection is relevant not
only in the Central Asian region, but throughout the
world. It should be noted that different environmental
problems exist in regions of the globe.
The foreign policy of the new Uzbekistan supports new
opportunities for solving environmental problems not
only in the region, but also at the international level. In
turn, the Republic of Kazakhstan also included this
problem in an important priority program of the
country in the “Development Strategy of Kazakhstan
-
2050”[3] as a global environmental problem.
It is important to emphasize that the Republic of
Uzbekistan, since gaining state independence, has
been pursuing an active legal policy in the field of
environmental protection. In the national legislation of
Uzbekistan, land, its subsoil, water, forests, flora and
fauna, natural and other resources on the territory of
the republic are enshrined as a national property, as
well as an object of property[4].
But the inclusion of environmental issues and
environmental protection in domestic and foreign
policy does not solve problems. These problems
require scientific research in terms of national rule-
making, including comparative legal analysis. Principle
11 of the Rio Declaration on Environment and
Development states: “States shall adopt effective
environmental legislation”[5].
The history of the development of national legislation
of the Republic of Uzbekistan in the field of ecology
and the environment begins immediately after gaining
independence in 1991. Undoubtedly, from the first days
of independence, the Republic of Uzbekistan has paid
great attention to the development and adoption of
national legislation in the field of ecology. For example,
the Laws “On Nature Protection” dated December 9,
1992, “On Water and Water Use” dated May 6, 1993,
“On the Protection of Atmospheric Air” dated
December 27, 1996, “On Specially Protected Natural
Areas dated 3 December 2004, “On Environmental
Control
” dated December 27, 2013, “On Environmental
Expertise” dated May 25, 2000, “On Environmental
Audit” dated March 15, 2021, approved by Presidential
Decree dated October 30, 2019. “Concept of
environmental protection of the Republic of
Uzbekistan until 2030
”, as well as other regulations.
The purpose of this study is to conduct a general
Volume 04 Issue 01-2024
93
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
91-95
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
comparative legal analysis of the current legislation of
the Republic of Uzbekistan “On Nature Protection”
dated December 9, 1992.
The adopted Constitution of 1992 reflected the
responsibilities of citizens in relation to the
environment. In the old version of the Constitution, in
Article 50, it was said that citizens are obliged to take
care of the environment, but then the right of citizens
to a favorable environment was not yet specified. As
O.A. correctly notes. Trubinkova: “The human right to
a favorable environment is closely related to the rights
to the protection of his health and, ultimately, the right
to life”[6, P.106.]. In the same year, 1992, the Law of
the Republ
ic of Uzbekistan was adopted: “On Nature
Protection”; this legal act described precisely the
human right to a favorable environment, along with
the responsibility of citizens of the Republic of
Uzbekistan. This marked breakthroughs in the
development of national legislation and the
development of human rights.
We consider it appropriate to dwell on the
constitutional norms in the field of environmental
protection in Uzbekistan. These norms were enshrined
in Article 62 of the Constitution of Uzbekistan as a duty
of a citizen[7]. In Article 48 of the Constitution of the
Republic of Karakalpakstan, this text of the norm[8] is
identically repeated. Article 62 establishes the
responsibilities of a citizen to protect the natural
environment, not every person.
Undoubtedly, there are currently constitutionally
enshrined norms that only citizens of the country are
required to comply with. For example, the norm of
Chapter XI of the Constitution of the Republic of
Uzbekistan, as well as the Republic of Karakalpakstan,
is devoted precisely to this issue. It would be legal and
appropriate to change the word citizen to the phrase
every person in Article 62 of the Constitution of the
Republic of Uzbekistan and in Article 48 of the
Constitution of the Republic of Karakalpakstan.
Based on the conducted comparative legal analysis,
we consider it appropriate to add: Chapter XI of the
Constitution of the Republic of Uzbekistan, as well as
the Republic of Karakalpakstan, “Responsibilities of a
Man and a Citizen,” to make the foll
owing changes to
Article 62 of the Constitution of the Republic of
Uzbekistan and Article 48 of the Constitution of the
Republic of Karakalpakstan: “Everyone is obliged to
take care to the natural environment”, Article 31 of the
Constitution of the Republic of Kazakhstan should be
amended as follows: “Everyone has the right to a
favorable environment, reliable information about its
condition”, and Article 38 “Everyone is obliged to
preserve nature and take care of natural resources”.
We believe that in the modern world the duty to
preserve nature and take care of natural resources
should be the responsibility of every person, but not
only a citizen of a certain state.
Similar proposals are put forward by Kazakhstani
scientists: Dubaev R.K., notes: It is necessary to make
changes to the Constitution of the Republic of
Kazakhstan in terms of establishing the direct
responsibility of foreign citizens and stateless persons,
as well as legal entities for environmental protection
[9, C.23.], also Aidarbaev S.Zh. and Baitukaeva D.U.
believe that there is an increasing awareness of the
urgent need to protect the environmental rights of
citizens both within individual states and within the
international community; the concept of “a person’s
ecological right to an environment favorable for his
life” is being formed [10, p.254].
Since in the constitutional norms of most countries of
the world the right to a favorable environment is
granted to every person, it is appropriate to
consolidate the preservation and improvement of the
Volume 04 Issue 01-2024
94
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
91-95
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
environment as the responsibility of every person, and
monitoring the state of the environment as the
responsibility of the state
We propose to supplement the Law of the Republic of
Uzbekistan “On Nature Protection” dated December
9, 1992 with a separate article “basic concepts” and at
the same time give the concept in the following
wording “favorable environment
- an environment in
which there are no negative impacts on the life and
health of every person” . This can be characterized as
full legal compliance of this concept of this law with
Article 49 of the Constitution of the Republic of
Uzbekistan, which enshrines the right of everyone to a
favorable environment[7].
The introductory part of this law states: “It aims to
ensure a balanced, harmonious development of
relations between man and nature,” and continues,
“...to guarantee the rights of citizens to a favorable
environment.” As we see, it seems debatab
le that the
word “man” is written first in the text, and “citizens”
at the end.
The law also included the powers of state authorities
in regulating legal relations in the field of ecology,
included regulatory regulations regarding the
regulation of the natural environment, the law gave
the concepts of environmental assessment and
environmental control. Law of Uzbekistan of 1996 on
“Protection of Atmospheric Air”. The law described
atmospheric air as an object of environmental
protection. This means that since 1996, atmospheric air
has been subject to protection when it is disturbed.
The goals of this law were to preserve clean
atmospheric air, reduce the influence of chemically
harmful substances, and regulate the physical impact
on the air.
Article 4 of this law stated that citizens have the right
to clean, healthy air. Article 6 of this law included
standards for atmospheric air protection for the first
time. The next stage is the adoption of the 1997 Flora
Protection Law. The main goals of this law are to
preserve the flora in its original form, preserve the
integrity of the environment, and ensure the rational
use of natural resources. The law described the objects
of the plant world and its types, the rules for the use of
natural resources are defined, and the responsibility of
citizens for violations of the rules for the protection
and use of the environment is described. The law
contains 28 articles.
In 2013, a law on environmental control was adopted.
The law regulates relations in the field of
environmental control. The goals of this legislation are
reflected in Article 5: prevention, detection and
suppression of violations of the requirements of
legislation in the field of environmental protection and
rational use of natural resources; monitoring the state
of the environment, identifying situations that could
lead to environmental pollution, irrational use of
natural resources, and pose a threat to the life and
health of citizens; ensuring compliance with the rights
and legitimate interests of legal entities and
individuals, their fulfillment of responsibilities in the
field of environmental protection and rational use of
natural resources; informing government and other
organizations and citizens about changes in the
environment, forecasts of its condition, the use of
natural resources and appropriate measures taken;
increasing the efficiency of environmental activities
and ensuring the participation of self-government
bodies of citizens, non-governmental non-profit
organizations and citizens in the implementation of
state and other environmental programs.
Summarizing the above, we have described in
chronological order the gradual adoption of important
Volume 04 Issue 01-2024
95
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
91-95
SJIF
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MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
legal acts of the Republic of Uzbekistan, described
their goals and objectives. With the acquisition of
independence, the Republic of Uzbekistan began a
new policy in the field of ecology, thereby ensuring
human rights.
Summarizing the above, it is important to emphasize
that all of humanity is responsible for protecting the
environment, preserving and improving natural
resources for both current and future generations. The
rapid growth of the world's population, the
development of science and technology, innovative
processes, and the increase in the number of
consumers of natural resources are forcing humanity
to
think
about
strengthening
control
over
environmental protection. Unfortunately, there is no
doubt that these processes today are not as active as
the realities of the time require.
In our opinion, today it is necessary that all activities of
humanity, the states of the world and the international
community comply with the 25th Principle of the Rio
Declaration on Environment and Development, which
states: “Peace, development and environmental
protection are interdependent and inseparable”[5 ].
The future of all life on Earth depends on the correct
choice of the future relationship between man and
nature.
REFERENCES
1.
Message from UN Secretary-General Antonio
Guterres on the occasion of World Environment
Day
//
[Electronic
resource]
URL:
https://www.un.org/press/en/2022/sgsm21306.d
oc.htm (Accessed October 23, 2023 .)
2.
Declaration of the United Nations Conference on
the Human Environment, Stockholm, 1972 //
[Electronic
resource]
URL:
https:www.un.org/ru/documents/decl_conv/dec
larations/declarathenv.shtml (Accessed October
23, 2023 G.)
3.
In more detail: Development Strategy of the
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URL:
https://
https://www.akorda.kz/ru/official_documents/st
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2023).
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Article 7. Law of the Republic of Uzbekistan “On
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URL://https://www.lex.uz/acts/127879 (Accessed
October 24, 2023)
5.
Rio de Janeiro Declaration on Environment and
Development, Rio de Janeiro, June 3-14, 1992
[Electronic
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https://
www.un.org/ru/documents/decl_conv/declarati
ons /riodecl.shtml (Accessed October 23, 2023)
6.
Trubinkova O.A. On the content of basic
environmental rights of citizens // Bulletin of the
Altai Academy of Economics and Law. 2011. - No.
1(19). - P.106.
7.
Constitution of the Republic of Uzbekistan of
April 30, 2023. // [Electronic resource] URL:
https://lex.uz/docs/6445147.
8.
Constitution of the Republic of Karakalpakstan //
[Electronic
resource]
URL:
https://karakalpakstan.uz/ru/page/show/27 (Date
of access October 21, 2023)
9.
Dubaev R.K. Legal regulation of the participation
of public environmental organizations in
environmental protection in the Republic of
Kazakhstan. Author's abstract. dis. ... K. Yu. n.
–
Almaty., Al-Farabi Kazakh National University,
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10.
Aidarbaev S.Zh., Baytukaeva D.U. Legal
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