The USA Journals Volume 03 Issue 12-2021
56
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 21, 2021 |
Pages:
56-62
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-09
I
MPACT
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2021:
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‘
ABSTRACT
The article examines the expression of legal and technical norms in the legal system of developed
foreign countries, their implementation in social life, the current role and importance of legal and
technical norms. At the same time, emphasis was placed on legal norms that represent the relationship
between "man and nature", as well as issues such as technical regulation, standardization and
certification. The concluding part of the article focuses on the importance of legal and technical norms
in ensuring human life and health, its safety.
KEYWORDS
Man, Nature, Technology, Ecology, Environment, Safety.
INTRODUCTION
It is known that the issues of "man and nature",
"man and technology", "man and medicine"
are relations that are specific to each society,
each state. There are different approaches in
the world community in regulating this type of
relationship.
However,
strengthening
international cooperation for common goals
such as conservation of nature, ecology,
human security, study of foreign experience in
the field of legal and technical norms is very
important in the current environmental issues,
global climate change and their elimination.
Legal and technical norms regulate human
relations with nature, its resources, flora and
fauna, as well as machinery and technology. At
the heart of this are priorities such as human
life and health, environmental security, rational
Representation And Implementation Of Legal And Technical
Norms In The National Legal System Of Developed Foreign
Countries
Anvar Yashnarbekov
Independent Researcher At Tashkent State Law University, 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.
The USA Journals Volume 03 Issue 12-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
December 21, 2021 |
Pages:
56-62
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-09
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use of natural resources, promoting the
conservation of all types of resources,
prevention of natural and manufactured
disasters and other emergencies.
It should be noted that in the context of
environmental changes, rapid development of
science, engineering and technology, the
systems
of
technical
regulation
and
standardization are improving, especially in
developed countries. At the same time, the
level of technical regulation depends on three
main criteria: the specific legal system of each
state, the order of public administration and
the level of technical and technological
development.
Legal and technical norms are also expressed
in developed countries, first of all, at the level
of the main law - the Constitution. Chapter 2,
Section 18 of the Swedish Constitution
stipulates that everyone has the right to use
nature in accordance with established general
rules. Clause 7 also stipulates that the
government may take decisions in the areas of
hunting, fishing, the environment and nature
conservation
1
.
Article 74 of the Constitution of the German
Republic provides for the development of
competitive laws in a number of areas,
including the protection of food and their
processing, fodder, seeds and planting
material necessary for agriculture and forestry,
protection of plants from diseases and pests. ,
as well as animal protection; collection and
1
Constitution of Sweden (Korolevstva
Shvetsii). Legal library legalns.com. str.-15.
2
Constitution
of
Germany
/
http://www.constitution.garant.ru/DOC_3864885.
htm. Legal library legalns.com.
distribution of fees for traffic, motor transport,
construction and maintenance of roads, as well
as the use of vehicles on public roads;
industries such as waste disposal, air pollution
and protection from excessive noise are
highlighted
2
.
Article 23 of the Belgian Constitution stipulates
that everyone has the right to live in
accordance with human dignity, in particular
the right to a healthy environment
3
.
Article 33 of the Constitution of the Republic of
Indonesia stipulates that land, water and
natural resources belong to the state and are
used to enhance the well-being of the people
4
.
The Constitution of the Russian Federation
stipulates that the possession, use and disposal
of land and other natural resources shall be
freely exercised by their owners, provided that
they do not harm the environment and do not
violate the rights and legitimate interests of
other persons. Regulation, as well as the
obligation of everyone to protect nature and
the environment, to preserve their natural
resources
5
.
The Constitution of the Republic of Uzbekistan
also contains a number of general provisions
on human and nature, human and technical
relations, which are inherent in legal and
technical norms. In particular, Article 55 of our
Constitution stipulates that land, subsoil
resources, water, flora, fauna and other natural
3
Constitution Belgium / Legal library
legalns.com. pp.-50.
4
Constitution of the Republic of Indonesia /
аrticle 33.
5
Constitution of the Russian Federation /
article - 36.58.
The USA Journals Volume 03 Issue 12-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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Published:
December 21, 2021 |
Pages:
56-62
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-09
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resources are national wealth, which must be
used wisely and are under state protection
6
.
In developed countries, legal and technical
norms are also expressed through normative
legal acts on technical regulation. Alexey
Vladimirovich Ustinov, a researcher in this field,
noted that currently in the world community in
the system of technical regulation are widely
used two main approaches, the American and
European methods. In the American approach,
technical regulation and standardization are
divided into state and non-state, industrial and
de facto, i.e. regional and national standards,
which are not enshrined in law but applied by
individual companies. The European style is
developed in accordance with the international
methodology and practice of technical
regulation
7
.
Technical regulation in the field of legal and
technical norms is established in the United
States through a specific mechanism. There is
no separate complex document on technical
regulation in this country. The Congress has
entrusted
the
development
and
implementation of technical regulations to the
relevant ministries and departments in their
field. For example, in the United States, the
Environmental Protection Agency (EPA), the
Department of Labor, and the Department of
Occupational Safety and Health (OSHA) are
responsible
for
developing
technical
regulations in the field of chemicals. As an
example, the Administration of Occupational
Safety and Health published standards in 1987
on the notification of hazardous substances.
6
Ўзбекистон
Республикасининг
конституцияси
/
Қ
онун
ҳ
ужжатлари
маълумотлари миллий базаси, 06.03.2019 й.,
03/19/527/2706-сон
The purpose of this standard is to determine
the level of hazard of chemicals and to provide
information about this standard to personnel
who may be exposed to such substances. Such
regulations may be adopted not only by the
authorities but also by individual states. Also,
technical regulation in the field of information
technology - by the Federal Communications
Commission; construction sector - Federal
Housing Administration; Pharmaceutical sector
- Administration of consumer goods and
medicines under the Ministry of Health;
medical equipment - Ministry of Health; the
field of environmental protection - entrusted
to agencies such as the Environmental
Protection Agency. A number of agencies,
including the Ministry of Energy, the Ministry of
Trade, the Ministry of Labor, the Ministry of
Transport, the Ministry of Agriculture, the
Environmental Protection Agency, the Atomic
Energy Regulatory Commission, and the
Interstate Trade Commission, are responsible
for technical regulation in the energy sector
8
.
In the United States, legal and technical norms
on the relationship between man and nature,
man and the environment are regulated by
about 50 laws: "On Atmospheric Air
Cleanliness" (1970), "On Water Cleanliness"
(1972), "On the suitability of drinking water"
(1974), "On the protection of wildlife" (1973),
"On the elimination of environmental
pollution" (1990), "On the pollution of the
environment as a result of oil spills" (1990),
"Conservation and These include the Law on
Waste Disposal (1976), the Law on Toxic
Substances
(1976), and the Law on
7
A.V. Ustinov “Technical regulation and
standardization in the US and EU”.
8
V.I. Lafitsky Technical regulation in foreign
countries / Journal of Russian Law №. 9, 2006. P. -
18.
The USA Journals Volume 03 Issue 12-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
December 21, 2021 |
Pages:
56-62
Doi:
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Compensation
and
Compensation
for
Environmental Damage (1996)
9
.
Unlike the United States and many other
countries on the American continent, in the
countries of the European Union, technical
regulation is carried out through a centralized
system. At the EU level, technical regulation is
carried out through three bodies: the European
Committee for Standardization, the European
Committee for Electrical Standards, and the
European Institute for Telecommunication
Standards. At the national level, the
management of the technical regulatory
function is entrusted to such agencies as the
British Institute of Standardization in the
United Kingdom, the French Standardization
Association in France, the German Institute for
Standardization in Germany, and the Belgian
Institute of Standardization in Belgium
10
.
The main normative document regulating the
legal relations in the field of technical
regulation, standardization and security in
Japan from the countries of the Asian
continent is the Law on Standardization. The
technical regulatory model is radically different
from the U.S. model. In Japan, the state is
actively involved in technical regulation and
standardization. It supports all producers and
they, in turn, care about the prosperity of the
country and its market. In the standardization
system, all areas are closely interrelated. The
government considers it important to
participate in the development of standards
and take various measures to encourage
9
Broslavsky L.I. State environmental control
in the USA // Journal of Russian law № 4 - 2010. P.-
105.
10
Technical regulation: legal aspects:
scientific-practical. allowance / Kalmykova A.V. and
others. ed .: Doctor of Law Yury A. Tikhomirov,
consumer activism. About 10,000 Japanese
industry standards (JIS) apply. In Japan, a state
order or an order from a reputable company is
not accepted if the manufacturer’s product
does not have the JIS mark
11
.
In Japan, a number of laws aimed at protecting
nature and the environment were adopted,
including the Basic Law on the Environment in
November 1993. This laid the foundation for
the protection of the environment, and
developed a regulation on the need to strike a
balance between economic activity and the
protection of the environment. The law
introduced requirements for environmental
impact assessment for new construction
projects. It was intended to provide public
support in cases where economic measures
were taken against pollutants, such as the
imposition of fines. The Air Pollution Control
Act was passed in 1968. It envisages
restrictions on the emission of harmful
substances into the atmosphere by enterprises
and car engines.
In addition to the Basic Law on Environmental
Control, there are two standards for natural
water quality in Japan. The first is directly
related to the protection of human health. It
sets 26 categories of water pollution and sets
their maximum velocities in rivers, lakes and
coastal waters. These standards were last
strengthened in 1993 and do not differ from
the requirements for drinking water in general.
The second is related to environmental
protection. It includes the norms of need for
Doctor of Economics V.Yu. Salamatov. - M .: Walters
Kluver, 2010. (384 p.)
11
Sorochkina O.Yu., Kalandarashvili A.O.
Features of building technical regulation systems in
different countries / Center for Scientific
Cooperation "Interactive Plus". Technical Sciences
magazine. Pages-15.
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
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December 21, 2021 |
Pages:
56-62
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-09
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biochemical oxygen, chemical oxygen, and
dissolved oxygen. There are also guidelines for
lakes and swamps that limit the amount of
nitrate and phosphates in their water.
In Japan, as a result of strict regulation,
industrial effluents from enterprises have been
reduced. At the same time, the lack of progress
in
residential
wastewater
control
has
prompted the government to develop new
equipment and new treatment facilities for
wastewater disinfection. Japan is achieving
positive results due to the introduction of new
technologies in the regulation of human and
nature, human and production, human and
environmental relations
12
.
It should be noted that in the field of legal and
technical norms, most countries have adopted
laws "On technical regulation." Law of the
Russian Federation "On technical regulation"
adopted on December 15, 2002, one of its main
objectives is to develop, adopt, apply and fulfill
mandatory
requirements
for
products,
including buildings and structures, products
and
processes
related
to
production,
construction,
installation,
commissioning,
operation, storage, transport, sale, and
destruction
13
.
Technical regulation relations in the Republic
of Belarus are unique. First of all, it should be
noted that in this country technical regulation
is used as "technical standardization". In
Russia, Uzbekistan, Kazakhstan, Kyrgyzstan
and many other republics, relations in this area
12
Nature Conservation in Japan //
https://www.waste.ru/modules/section/item.php
13
The Law of the Russian Federation of
December 15, 2002 “On Technical Regulation”.
Article 1.
14
Shakirova D.I. Legal protection of the
environment through technical regulations /
are interpreted as "technical regulation." The
Law of the Republic of Belarus "On Technical
Standardization", adopted in 2004, mainly
covers the establishment of mandatory
requirements for facilities in the field of legal
and technical standards. This law stipulates
that the objects of technical regulation must
meet the technical requirements that do not
pose a threat to the environment. One of the
main branches of legal and technical norms in
Belarus is the Ministry of Natural Resources
and Environmental Protection of the Republic
of Belarus. The issue of regulation of
environmental protection in the framework of
technical regulations is described in detail in
the Law of the Republic of Belarus "On
Environmental Protection"
14
.
Technical regulation is also carried out in the
Republic of Kazakhstan by the Law "On
technical regulation". In the field of
environmental, human and nature relations of
legal and technical norms, in contrast to most
CIS countries, the Republic of Kazakhstan is
regulated by a code. The Environmental Code
of the Republic of Kazakhstan regulates public
relations (environmental relations) in the field
of human-nature interaction, as well as
regulates the activities of individuals and legal
entities that affect or may affect the
environment
15
. Public relations in the field of
use of natural resources in the Republic of
Kazakhstan, as well as their storage,
restoration and reproduction, depending on
the type of natural resource, are regulated in
Dissertation for the degree of candidate of legal
sciences: M.-2018. P. -130.
15
Environmental Code of the Republic of
Kazakhstan dated January 2, 2021 No. 400 - VI ЗРК.
Article 1.
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(ISSN
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Published:
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Pages:
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accordance with the legislation on land, water
and forestry. There are also separate laws on
subsoil resources and subsoil use, protection,
reproduction and use of wildlife. In general, it
can be concluded that the environmental
norms of the legislation of the Republic of
Kazakhstan related to technical regulation are
more developed than in the Republic of
Belarus and the Russian Federation.
In accordance with the Law of the Republic of
Kazakhstan
"On
Technical
Regulation",
technical regulation is a legal relationship in the
field of production, construction, installation,
commissioning,
operation,
storage,
transportation, sale and destruction of
products or products aimed at regulation
16
.
In the People's Republic of China, too, the legal
and technical norms of man and nature, man
and the environment are regulated by a
number
of
laws.
"On
Environmental
Protection" as a legal basis for the organization
and implementation of environmental control;
“On Marine Environmental Protection”, “On
Environmental Impact Assessment”, “On
Prevention and Control of Atmospheric Air
Pollution”, “On Prevention and Control of
Water Pollution”, “Noise Prevention and
Control "On its control", "On the prevention
and control of waste pollution", "On the
prevention and control of radioactive
contamination", "On mineral resources", "On
wildlife", "On pastures" Laws such as the Air
Code, the Land Code, and the Forest Code have
been implemented
17
. One of the peculiarities of
the above-mentioned laws of the People's
16
Law of the Republic of Kazakhstan dated
December 30, 2020 № 396-VI “On technical regulation”.
Article 1.
17
Ma Xin. Environmental control and supervision
as a legal measure to prevent environmental harm
Republic of China is that they emphasize the
relationship of "control" in the very name of
the law.
From the above information on the expression
and implementation of legal and technical
norms in the legal system of developed foreign
countries, the following conclusions were
drawn:
First
, in developed countries, relations
between man and nature, man and the
environment, man and industry, man and
technology, man and flora and fauna are
regulated by the constitution, laws, codes and
other normative legal acts at various levels.
from the point of view, these relations are the
subject of legal regulation;
Secondly,
the main objectives of the legal and
technical norms introduced by developed
countries are aimed at the protection of the
environment, nature, and thus the security of
mankind, its well-being;
Thirdly,
the system of technical regulation is
specific to all developed countries, which
manifests itself in the form of technical
regulation, standardization, certification, as
well as "man and technology", "man and
industry", "man and the environment", "
human and health”;
Finally,
legal norms in the field of technical
regulation,
standardization,
certification,
introduction of mandatory requirements for
products, buildings and structures, processes
related
to
production,
construction,
installation,
commissioning,
operation,
under Chinese law / Institute of State and Law of the
Russian Academy of Sciences, Moscow. State and Law,
2018, No. 10, p.-146.
The USA Journals Volume 03 Issue 12-2021
62
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 21, 2021 |
Pages:
56-62
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-09
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storage; protection of the interests of
consumers and the state in matters of saving
products, natural resources; control over the
sale of products that are dangerous to human
life, health, property of legal entities and
individuals, as well as the environment; serves
to express objectives such as confirmation of
product quality indicators.
REFERENCES
1.
Constitution of Sweden (Korolevstva
Shvetsii). Legal library legalns.com. str.-15.
2.
Constitution
of
Germany
/
http://www.constitution.garant.ru/DOC_3
864885.htm. Legal library legalns.com.
3.
Constitution Belgium / Legal library
legalns.com. pp.-50.
4.
Constitution of the Republic of Indonesia /
аrticle 33.
5.
Constitution of the Russian Federation /
article - 36.58.
6.
Ўзбекистон
Республикасининг
конституцияси /
Қ
онун
ҳ
ужжатлари
маълумотлари миллий базаси, 06.03.2019
й., 03/19/527/2706-сон
7.
A.V. Ustinov “Technical regulation and
standardization in the US and EU”.
8.
V.I. Lafitsky Technical regulation in foreign
countries / Journal of Russian Law №. 9,
2006. P. - 18.
9.
Broslavsky L.I. State environmental control
in the USA // Journal of Russian law № 4 -
2010. P.-105.
10.
Technical
regulation:
legal
aspects:
scientific-practical. allowance / Kalmykova
A.V. and others. ed .: Doctor of Law Yury A.
Tikhomirov, Doctor of Economics V.Yu.
Salamatov. - M .: Walters Kluver, 2010. (384
p.)
11.
Sorochkina O.Yu., Kalandarashvili A.O.
Features of building technical regulation
systems in different countries / Center for
Scientific Cooperation "Interactive Plus".
Technical Sciences magazine. Pages-15.
12.
Nature
Conservation
in
Japan
//
https://www.waste.ru/modules/section/ite
m.php
13.
The Law of the Russian Federation of
December 15, 2002 “On Technical
Regulation”. Article 1.
14.
Shakirova D.I. Legal protection of the
environment through technical regulations
/ Dissertation for the degree of candidate
of legal sciences: M.-2018. P. -130.
15.
Environmental Code of the Republic of
Kazakhstan dated January 2, 2021 No. 400 -
VI ЗРК. Article 1.
16.
Law of the Republic of Kazakhstan dated
December 30, 2020 № 396-VI “On technical
regulation”. Article 1.
17.
Ma Xin. Environmental control and
supervision as a legal measure to prevent
environmental harm under Chinese law /
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Academy of Sciences, Moscow. State and
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