65
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
02
Pages:
65-68
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
ABSTRACT
Natural disasters and human actions have recently caused a variety of environmental changes around the world.
Climate and weather patterns are shifting dramatically across the planet, water and soil composition are getting
increasingly polluted, and plant and animal species are becoming extinct.
KEYWORDS
Economic crisis, transportation industries, environmental insurance, development.
INTRODUCTION
As a result, the ecology and the health of all people on
the earth are severely harmed
1
. Natural and
1
https://parliament.gov.uz/upload/iblock/074/fpjeggfutkglyz-
jzajpbbbodcelhrf%20dwvnbcthwnscyq.pdf.
environmental disasters continue to wreak havoc on
the global economy, and the harm is getting worse.
Research Article
THE NECESSITY FOR THE IMPLEMENTATION OF ENVIRONMENTAL
INSURANCE IN THE REPUBLIC OF UZBEKISTAN
Submission Date:
February 08, 2022,
Accepted Date:
February 17, 2022,
Published Date:
February 28, 2022
|
Crossref doi:
https://doi.org/10.37547/tajpslc/Volume04Issue02-11
Abduvali Daminov
Independent researcher, Tashkent state university of Law, Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
66
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
02
Pages:
65-68
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
MunichRe (2021) estimated 980 large global losses in
2020 alone, with roughly 8,200 deaths and a total loss
of 210 billion USD
2
.
Environmental legislation needs to be improved, and
environmental insurance needs to be implemented to
prevent these issues. This could be explained by the
following factors:
first of all
, use of reserve funds of
insurance companies in prevention of natural disasters
and man-made emergencies is very important, as this
is a key source in preventing any country from falling
into an economic crisis;
secondly
, it is critical to quickly
eliminate the damage caused to the environment and
human life, health and property;
thirdly
, there should
be focus on the expansion of potentially
environmentally hazardous activities (oil, chemical,
metallurgical, and transportation industries) that pose
a threat to the environment;
fourthly
, large
enterprises engaged in these activities to finance
measures to prevent major environmental risks are not
capable of doing so fully;
fifthly
, the financial capacity
of the state budgets of most countries does not allow
them to cover unforeseen expenses in the event of an
emergency. These circumstances necessitate the
development of a system that can cover environmental
costs while without putting a strain on the state
budget.
In the context of the research topic, the analysis of
positive feedback in the legal literature reveals that
there are a number of issues that need to be addressed
in legislation and practice[1]. In particular, in
consideration of the lack of in-depth study of
environmental insurance, to study the legal
relationship of environmental insurance, we can refer
that there is a need to develop an economic and legal
2
https://www.munichre.com/en/company/media-
relations/media-information-and-corporate-news/media-
information/2021/natural-disaster-losses-2020.html.
mechanism for the introduction of environmental
insurance and establishment of public administration
in the implementation of environmental insurance. In
addition, it is important to study the experience of
some advanced foreign countries[2].
Today, there is a tendency in Western countries to
exclude environmental risks from the general liability
insurance contract and to insure all risks associated
with
environmental
pollution
only
under
environmental insurance[3].
In this regard, neighboring countries are developing
legislative frameworks. The Law of the Republic of
Kazakhstan
“On
compulsory
environmental
insurance” was passed in 2005. Environmental
insurance is also a part of the national legislation in the
Republic of Azerbaijan.
The development of the Federal Law “On compulsory
environmental insurance” in the Russian Federation
has begun.
A number of laws have been adopted in Uzbekistan in
order to regulate insurance activities, such as the Laws
of the Republic of Uzbekistan “On Insurance
Activity”[4], “On compulsory insurance of civil liability
of the employer”[5], “On compulsory insurance of civil
liability of vehicle owners”[6] and “On compulsory
state social insurance against accidents at work and
occupational diseases”[7]. In addition, the Civil Code of
the Republic of Uzbekistan establishes the rules for
implementing voluntary and compulsory insurance
against various insurance risks.
The followings Laws of the Republic of Uzbekistan “On
sanitary and epidemiological well-being of the
67
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
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VOLUME
04
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Pages:
65-68
SJIF
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(2020:
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(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
population”[8], “On Radiation Safety”[9], “On public
health”[10], “On Waste”[11], “On protection of the
population and territories from natural and man-made
emergencies”[12], “On the safety of hydraulic
structures”[13] and several similar regulations refer to
the compensation for damage caused to legal entities
and individuals as a result of the economic
consequences of emergencies, which means that
citizens have the right to claim compensation for
material damage to life, health and property, and other
benefits.
Law of the Republic of Uzbekistan “On Protection of
the Nature”[14] of 1992 (Article 36) establishes the
legal basis for both voluntary and mandatory
environmental insurance. According to this law,
companies, institutions, and organizations, as well as
individuals’ lives, health, and property, are all subject to
voluntary and compulsory insurance, taking into
consideration the damage caused by environmental
pollution and the deterioration of natural resource
quality. The legislation of the Republic of Uzbekistan
will outline the procedure and circumstances for
ecological insurance.
Today, effort is being done to develop legal and
regulatory documents in order to introduce an
environmental insurance system in our country. In
particular, in order to raise the responsibility of
organizations
operating
hazardous
production
facilities, and to ensure industrial safety of hazardous
production facilities, the Cabinet of Ministers of the
Republic of Uzbekistan passed a Resolution to adopt
the Regulation “Procedure for compulsory civil liability
insurance for damage to other persons’ life, health,
and property, as well as the environment, in the event
of an accident at a hazardous production facility”
(December 10, 2008).
Decree of the President of the Republic of Uzbekistan
PD-60 “On the Development Strategy of the New
Uzbekistan for 2022-2026” (dated January 28, 2022)
also specifies taking relevant measures on the
improvement of mechanisms for assessing the level of
environmental pollution, environmental monitoring,
forecasting its pollution level, providing state
environmental control with constant information, and
monitoring the status of pollutant sources and their
impact on the environment[15]. The President's
emphasis on the environment and ecology in this five-
year Development Strategy demonstrates how
important our research is.
As mentioned above, Article 36 of the Law of the
Republic of Uzbekistan “On protection of the nature”
provides for environmental insurance, however, how
to implement environmental insurance, and its
economic mechanisms are not specified, which refers
to a gap in legislation. To close this gap, we believe that
a single draft law "On Environmental Insurance"
should be developed and adopted.
We believe that one of the most important and key
factors in eliminating the cited problems and bringing
the environmental insurance sector to the level of
developed countries is, based on the experience of
foreign countries, to introduct mutual environmental
insurance and use of state initiative (as these are
current issues in the field of environmental insurance).
We believe that in order to adopt mutual
environmental insurance in the country, it is important,
first and foremost, to provide legal support for it, as
well as to provide benefits and preferences in this area.
In this instance, mutual environmental insurance
develops as a different form of insurance alongside
commercial environmental insurance. It serves as an
important factor in attracting a large number of
potential policyholders, improving citizens' material
68
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
02
Pages:
65-68
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
well-being,
reducing
risks
associated
with
entrepreneurial operations, and maintaining the long-
term viability of businesses and organizations.
CONCLUSION
In conclusion, the implementation of the Law of the
Republic of Uzbekistan “On Environmental Insurance”
helps to avoid environmental risks that may arise as a
result of economic activity. It also helps to promote
environmental safety by generating extra-budgetary
funds to compensate residents and the environment
for material damage to their lives, health, and
property.
REFERENCES
1.
Kholmominov J.T. Scientific-theoretical analysis of
legal problems of prevention and elimination of
environmental
threats.Monograph.Tashkent.TSUL, 2016. - p.344.
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Kholmuminov Zh.T. Legal issues of improving
public
administration
and
environmental
legislation in the field of environmental protection
(Foreign experience.//Central Asian journal of
social sciences and history volume: 02 issue: 06 | jun
2021(issn: 2660-6836)
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gfutkglyz-
jzajpbbbodcelhrf%20dwvnbcthwnscyq.pdf.
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Bulletin of the Oliy Majlis of the Republic of
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Bulletin of the Oliy Majlis of the Republic of
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//lex.uz/uz/docs/5841063
