As manuscript

349.6 (574) (410) УДК As manuscript









Niyazgulov Daniyar Toleuovich







Legal regime of the particularly protected nature territories.

(Comparative analysis of the legislations of Great Britain and the Republic of

Kazakhstan )









12.00.00 – juridical science









Author's abstract of doctoral PhD thesis.









The Republic of Kazakhstan.

Astana-2009

The thesis is performed in L. N. Gumilyov Eurasian National University.





Scientific adviser: Doctor of Law, professor Kosanov G.H.,

L.N.



Foreign scientific advisor: doctor of law, professor Bill Bowring at School

of Law, Birkbeck College, University of Lon-

don Great Britain, London.



Readers: doctor of Law, professor Beibitov M. S.,





candidate of law, senior lecturer Alenov M. A.,



.







Defence of the thesis will be hold on the ___ of June 2009, on the meeting of gov-

ernmental certification commission operation on L.N. Gumilyov Eurasian National

University, at the address: 010008, Astana, 5 Munaitpasova St., room № 302, at __

o’clock.









The open access to the thesis is able at “Otrar” library of L.N. Gumilyov Eurasian

National University.





The thesis has been sent on “_14 _” of May 2009.









Scientific secretary of the governmental

certification commission, candidate of law Mamikonyan L.S.

Introduction



General description of the thesis. The present thesis is dealt with the analysis of

the Legal regime of the particularly protected nature territories of Great Britain and

the Republic of Kazakhstan. The analysis of problems of legislations of usage and

protection the particular nature territories allowed to work out certain theoretical

statements and recommendations about the legislation in force improvement in this

sphere.

Urgency of the selected theme of the thesis. According to the state “Conception

of expansion and placement of the particularly protected nature territories until 2030

year”, “Plan for the system developing of the particularly protected nature territories

for 2007-2009” the problem of the legislative protection of nature, the conserving of

balance in the system of ecological interrelationship, is accepted as up-to-date. First

of all it is related to nature territories with the special system of protection and usage

i.e. Particularly protected nature territories. Ecological Code of Kazakhstan included

requirements determining the basic characteristics and descriptions of the particularly

protected nature territories (PPNT). According to the special Act of Law – of the

Legislation of the Republic of Kazakhstan, “About the particularly protected nature

territories” ( 7th of July 2006), has been worked out the system of the legislative prin-

ciples of determination of the goals and objectives of establishment and functioning

of PPNT. With the terms of international standards about the environmental protec-

tion, Kazakhstan realizes a purposive activity for formation and continuous perfection

of the national law about particularly protected nature territories. But this tendency of

legislation of state ecological function is characterized by many unsolved problems.

Due to this, a great interest to foreign legislation and practice of regulative managing

of interaction between nature and society, connected not only with the pursuit and de-

sire of analyzing the conditions of Kazakh and foreign Law, but seems to be very im-

portant from the point of the borrowing of positive practices. Beyond this, as far as

there is a process of internalization of environment protection functioning, we are on

the way to harmony and unification of the national legislations.

The particularly protected nature territories with the regime of the limited usage

and access , are, as a rule, virginal, unaffected or of a little disturbance ecosystems,

appeared to be the fundamental in conserving nature-resource potential and stabiliza-

tion of biodiversity factors by protecting the species of flora and fauna in situ. Nec-

essary condition of life existence is – maintenance of all environmental diversifica-

tion. In this respect PPNT (nature reserves and preserves, national parks) are of the

special value.

According to the State Development Strategy 2030, Kazakhstan is on the way of

being “clean and green” country with pure water. So, one of the instruments of get-

ting this aim, is the establishment of protecting system of PPNT, which implies not

only geographical determination of their borders, but also the formation of the organ-

izational-legislative system for appropriate regime of guarding, usage and protection.

It is valid suggestion that “Territory of Kazakhstan possesses a unique collection of

nature complexes beginning from deserts to highlands and ecosystems of land-locked

seas”.

In the conditions of the progressive rate of economical development of the country

and reinforcement of nature resources usage, it seems to be very urgent – the perfec-

tion of the territorial protection system of environment. The same conditions deter-

mine the necessary of the further developing of PPNT, like a real functioning system

in conserving environmental diversification in the republic. Reasonability of further

expansion of PPNT system as an effective instrument in conserving and reproduction

of nature ecosystems is supported by the environmental protection practice of many

foreign countries. The PPNT system is of good application in contrast with thought-

less uncontrolled consumption and extermination of nature resources.

At the present stage of productive forces, that are mainly based on extensive

methods of development of nature resources, leads to even more implication of the

lands and nature sectors to intensive production turnover (with the maximum excep-

tion and alienation from environmental nature resources ) with the simultaneous forti-

fication of negative anthropogenic influence on the environment. These days its very

alarming the rates of degradation, ultimate factors of qualitative and quantitative

characteristics.

Not these days, but I the nearest future, as one of the most important methods,

and a reliable guarantor in maintenance of ecological balance will be possible to

consider the policy of extending of nature resources , which are related to legal re-

gime of protection. In this sense the perfection of national legislative system for

stimulating the establishment and extension of the system of PPNT, the reinforce-

ment of legal regime and effectiveness of PPNT functioning on the base of research-

ing foreign practices in this sphere appeared to be one of the most important objects

of the ecological science, lawmaking and environmental protection policies of the

state.

In the modern period the problem of creation, functioning, and regulation of the

legal protection of particular nature territories must be solved in the close cooperation

with other countries because the problems of environmental protection take on global

significance, the methods of their solution have common requirements, ecological

systems and laws of their functioning, which demand consistency of acts.

The location of particular ecosystems, nature objects on the territory of two or

more states appeared as the most obvious argument in the necessity of the interna-

tional cooperation. Exactly by global and civilized aspects end the most substantial

reasons for benefit of conserving of protected territories on the Earth, and it must not

be ignored by the statesmen of all levels. The expressed opinion and mentioned ar-

gument allow formulating certain aims and the subject of researching.

The aim of the thesis research concludes in complex study of theoretical and

practice problems of legal ensuring of creation, functioning, and guarding of the par-

ticularly protected nature territories in Great Britain and the Republic of Kazakhstan.

The aim of research supposes the determination and solution of the following

problems:

 The analysis of domestic and foreign legislative regimes in the sphere of

regulation of the protective system of particular nature territories.

 The determination of legal principles and criteria of selection of nature

territories that falling under the status of particular protection.

 The detection of deficiencies and contradictions in the norms of legisla-

tive in force about PPNT for the purpose of its perfection.

 The assessment and analysis of real forms and methods of planning of

organizational activity on the PPNT, including the study of ecotourism practic-

es and the governmental mechanism.

 The model building of organizational legal mechanism in the purpose of

revealing the unique nature territories, requiring special legal protection in

compliance with international conventions and pacts, confirmed by Kazakh-

stan.

 The substantiation report about the optimal organizational legal forms of

international cooperation in the sphere of environmental protection.

The research object is the relationship in the sphere of protection and functioning

of particular nature territories in the Republic of Kazakhstan and Great Britain.

The research subject is the legal mechanism of protection and usage of particular

nature territories in Kazakhstan and Great Britain.

The methodological base of the thesis research presents the doctrine about the

interrelationship of society and nature, the dialectical method, as the basic mode for

objective and all-round cognition of reality, and also historical and formally logical

methods, including the methods of deduction and induction, analysis and synthesis.

Also special methods: comparative legal, comparative-historical, and formally logi-

cal. The particular role in the research was given to the legal conceptions of particular

nature territories’ protection. In the capacity of empirical base of the research were

widely used the press materials press, the practices of public authority in protecting

PPNT, there were also presented the date from Forestry Committee of the Ministry of

Environmental Protection. There were used as well ecological and nature manage-

ment legislative regimes about the researching problems, were studied legal acts of

Great Britain, statistical and generalized data about the protection and usage of nature

territories.

The theoretical base of the research.

The results of research are based on the analysis of scientific investigations of for-

eign and our countries’ scientists. The theoretical determination of research contrib-

uted to the works of notable Kazakh theorists of law – M.T. Baimahanov, S.Z.

Zimanov, G.S. Sapargaliev, famous representatives of ecological legal science – B.G.

Abdraimova, A.E. Erenova, D.L. Baideldinova, S.B. Baisalova, A.E. Bekturganova,

N.B. Muhitdinova, G.H. Kosanova, A.H. Hadjieva.

The direct influence on determination of goals and objects, concrete directions of

the research were affected by the works of ecological and nature resources law by:

M.S. Sahipov, R.K. Karabulov, S.S. Konstantinini, U. F. Mitrofanskaya, A.D.

Tundikbaev, A. V. Drozdov, M.A. Alenov, S.A. Bogolubov, V.V. Petrov, m.M.

Brinchuk, L.P. Dehtereva, S.s. Chernushenko, V.V. Zozuli, L.A. Udanova, G.V.

Atamanchuk, S.M. Stoiko,A.n. Shekolodkin, A. V. Kuznecova, G.A. Kozhevnikov,

N. I. Hludenov, I.A. Gerasimov, A.S. Krotkin.

There were also used scientific investigations of English scientists John. A., Paul

Dickson, V. Sherman, Judith Poor, where can be found information about general

problems of legal protection of environment and special about PPNT.

The readiness state of the thesis theme.

The legal problems of PPNT in Kazakhstan in a comparative analysis of the legis-

lative regime of PPNT in Great Britain are researched for the first time. The present

thesis is the first monographic, comparative-legal research of PPNT problems of Ka-

zakhstan and foreign country.

In the earlier scientific researches of A.S. Sabikennova were examined the ques-

tions of cooperation the Republic of Kazakhstan in the sphere of environment, by

G.A. Stamkulova were examined the problems of legal basics, reproduction and us-

age of out of forest flora in Kazakhstan. The issues of legal protection of fauna in

Kazakh republic were analyzed by A.D. Tundikbaev. These researches were affected

with single statements of the legal regulation of PPNT, but all of them have fragmen-

tal character.

The scientific research of J.K. Rysbekova is dedicated to legal regulation of func-

tioning of state national parks of Kazakhstan. The investigation deals with one of the

kinds of PPNP, although - it is main. The author elicited the tendencies and character-

istics of establishment and functioning the national parks activities, long-term pro-

gramme of biodiversity, public administration, there were also partially discussed

problems of ecotourism. Together with this, there was no any researching infor-

mation about legal regulation of conservation of particular nature territories, also

there was not any analyzing work of the determination of conceptions like “PPNT’

as the object of legal protection and “institution “ as the subject of appropriate legal

resolutions.” The author has examined some of these questions, but there was not rel-

evant legal analysis.

The leading Russian ecologists V.V. Dejkin and F.T. Shtilmark have a great influ-

ence in their works on forming general scientific basics of ecological policy in this

sphere, but the problems of PPNT were examined a little. Their investigations are of

infinite methodological importance, but a wide range of legal problems were not ded-

icated and embraced on equal level of definition.

The regulatory base of the thesis formulates the Constitution of the Republic of

Kazakhstan, the Law “About particularly protected nature territories”, Ecological

Code, subordinate regulatory acts, defining the questions of protection and usage of

particular nature territories in Kazakhstan.

The scientific novelty of the thesis.

The novelty of the thesis concludes in statement and examination of wide range of

questions, before it was not the subject of all-round scientific analysis.

The thesis corresponds to the first complex investigation of regulatory regime of

particular nature territories of the Republic of Kazakhstan and Great Britain, on the

basic of comparative analysis of its legislations in this sphere. The novelty of the re-

searched is characterized by following attitudes:

There was given a conception of particular nature territories like objects that are

falling under legal protection, subject to their specific characteristics and social im-

portance.

Also was made the comparative analysis of legislative systems of PPNT analogs

that are listed in the international classification of Kazakhstan and Great Britain with

exposure of general and specific points of their regulatory regimes.

There were also made suggestions of perfection the system of public administra-

tion in the spheres of establishment, functioning and protection of particular nature

territories and, specifically, there appeared the necessity of concentration of the

government management functioning of PPNT sector under the united authority of

the Ministry of Environment Protection of Kazakhstan.

Other suggestions were about the development of special normative regulative

acts for stimulation of progress and guarantee of all necessary conditions for ecotour-

ism management in Kazakhstan.

The findings specify, extend, and in a quite number of cases, form new methods of

approaching of legal stabilization of relations with particular protected nature territo-

ries.

The statements of the thesis for defence.

As the result of the made research, on the basis of the studying of legislation in

force of PPNT, practices of its application, the comparative analysis of level and in-

tensity of its legal regulation, the appealing of general and specific in the practice of

its application in Great Britain and Kazakhstan in the concerned sphere of relation-

ship, the generalization and theoretical analysis of the scientific investigations of do-

mestic and foreign authors, candidate for a degree pass following statements for de-

fense:

1. The necessity of the more clear determination of the term “PPNT”, contributed

for more exact individualization of nature complexes, as object falling under legal

protection. The existing determination of the term “PPNT” replaces the emphasis of

particular ecological importance of particular nature objects and complexes on the

form and level of its protection. The author supposes to make en emphasis on the le-

gal regulation and change the name of the Law “About particular protected nature ter-

ritories” to “About the legal status of particular nature territories”. For the norms’ re-

inforcement of PPNT there is a need for concrete attachment of the definition of legal

protection. Together with it, the work orientation for development and perfection of

PPNT will have a legal status, that allow to take into account all the methods of legal

protection of nature territories both theoretically, for more clear differentiation of

cases in dispute, and practically, for real protection in everyday life.

2. There is also suggested the classification of particular protected nature territo-

ries. With this the author gives proof of a functionality of the categories of

dendrologic and zoological parks, referred to PPNT, these object according to their

objective and functional factors, in fact, have no relation to protected nature territo-

ries. They do not correspond to natural- ecological, because they are artificially cre-

ated territories, therefore, do not fit the objectives and goals of PPNT establishment.

According to the legislative in force, zoological parks correspond to nature reserve

fund of the Republic of Kazakhstan, but nature reserving implies strictly limited and

regulative activity on present territories, that is in contrast with the legal status of Zo-

ological Park. Beyond this the zoological park – it is artificially created territory for

housing animals in captivity, in unnatural conditions of habitation, that is in absolute

contradiction with the reserve functions and keeping the objects of wilderness in the

conditions of natural freedom. Zoological parks in Great Britain are created only with

the aim of studying the animal world and its demonstration to the people.

3. There was also revealed the degree of correspondence of kinds of PPNT in

Great Britain and Kazakhstan to the international classification as protected territo-

ries, taking into account, the particularities of national legislate regimes. In the pur-

pose of borrowing of the positive practices in legal regulation of nature complexes’

protection, there were analyzed the factors of legal status of analogical nature territo-

ries listed in the international classification. Identification of national kinds of nature

territories with their analogs in other countries stimulates the borrowing of interna-

tional experience practice in this sphere and fastens the integral processes of interna-

tional cooperation.

4. There were also revealed the necessary in unification of management functions

of PPNT that are concentrated in various organs of the united system of the Ministry

of Environmental Protection. The residence of the special organ operating under the

Ministry of Agriculture i.e. strictly authority organ, combining the functions of con-

trol and nature management, has negative influence on organization of protective sys-

tem of nature territories and in the sphere of international cooperation. Specifically,

the international institutions of environmental protection do not accept ministries of

agriculture as authority in the solving of environmental problems. The researching of

the practice experience of European countries in the sphere of particular nature terri-

tories shows discrepancy of the active system of management in Kazakhstan to the

fundamental requirements of international standards that stipulates the necessity of

the structural and functional changes.

5. There were analyzed the relation of the general and specific in the legal regula-

tion of reserves and national parks of Great Britain and Kazakhstan, and dominating

kinds of PPNT in these countries, with the aim of harmonization of legislative re-

gimes of England and Kazakhstan in the sphere of legal protection PNT in compli-

ance with international standards of guarding of nature zones and complexes. There is

a wide range of directions, requiring the borrowing of practice and concerted ac-

tions.

6. The PPNT are the objects of recreation and tourism importance. The govern-

ment in its turn determines tourism and recreation as the main goals of development

of PPNT in Kazakhstan. In the purpose of continuous conserving of favorable bal-

ance of relationship between society and nature, integration in the world movement

for preserving particular nature territories there is a need in detailed implementation

of effective mechanisms in practicing ecotouristical activities on these territories. The

special question is about ecological tourism. In order to validate the official judicial

status to the project of ecotouristical conception, suggested in the research, will allow

dynamically develop controllable and informative tourism on particular nature territo-

ries, on the base of new legislative foundation. The active legislative base for tourism

unable to prevent rapid-changing social-economic relations, when objects of PPNT

involved in business sphere, without appropriate level of protection.

7. It is very important to determinate the idea of PPNT as the territory and institu-

tion – as juridical person. The misunderstanding of two absolutely different concep-

tions lead to uncertainty, duality of notions about PPNT, wrong understanding of the

practical functioning. As examples appear the particular articles of Law “About par-

ticular protected nature territories”, where PPNT treats as territories (articles 14,

20,24,28,40,45,64). At the same time they are obliged to solve problems of protection

and recruitment of biological diversity of state preserve and its protected zone; ar-

rangement and implementation of scientific investigations of studying and monitor-

ing of ecological systems, objects of state fund of nature reserves, including keeping

the Nature chronicle; the activity for ecological informative purposes, participation

in state ecological examination, projects and schemes of placement of economic and

other objects, which may have deleterious effect on ecological systems, management

and usage of the state reserve territory and its protection in ecological, scientific, and

limited touristic purposes. The matter is of responsibilities and powers of juridical

person with a status of nature conserving and scientific institution, which can be only

the object of protection, and not the subject.

8. There is a necessity in legal assignment of particular and unique nature areas to

the status of particular protected nature territory of international importance, like it

was done in Great Britain, that allow Kazakhstan to increase the effectiveness of co-

operation with international conservancies . The appropriating legislative assignment

leads to the necessity of determination of conditions and order of conferring particu-

lar nature territory to the status of international importance.

9. The Legislative regime of the Republic of Kazakhstan does not establish any

quantities or other relations, which provide the optimal structure of reserve, preserve

regime and regime of limited economical activity according to the kinds of particular

nature territories subject to their protection level. For full-fledged conserving of

unique nature complexes in Great Britain is established minimum percentage of pro-

tected nature territories with a full prohibition for entering (so called territory of

wildness) and territories of limited economical activity. The absence of similar per-

centage in Kazakhstan leads to that particular nature territories adjust to the territories

with limited economical activity to the detriment of reserving and conserving nature

in natural conditions.

Theoretical and practical significance of the thesis.

The practical significance of the thesis concludes in that, the ideas, summaries and

suggestions, contained in the thesis, can serve a base for further scientific investiga-

tions in the sphere of legal protection and usage of PPNT. In addition, they can be use

in the practical solving of the questions connected with the guarantee of effectiveness

of legal protection regime of particular nature territories.

Resumes, suggestions and recommendations, formulated in the thesis direct for

the perfection of legislative regime of PPNT.

The present research can be also used in classes, and seminar and practical studies,

in research activities, and in management of project and degree works of students of

higher juridical education.

The sources of the thesis.

Accumulation of the research information was made in the process of investiga-

tion, studying of practical activity of state organs, statistical date, foreign and our

country’s literature about the problems of particular protected nature territories.

The structure of the thesis.

The thesis consists of introduction, three parts, conclusion and a list of the used

literature.

THE MAIN PART



The choice of the research direction specified by the necessity of development of

some theoretical aspects of legal environmental protection and elaborating on this

base, science-based recommendations for perfection of legal-organizational condi-

tions of development and effective functioning of the national system of particular

protected nature territories as the instrument of ensuring the balance of ecosystem

and conserving biodiversity on the territory of Kazakh republic.

In the introduction of the thesis is mentioned the actuality and urgency of the se-

lected theme, its theoretical and practical significance, the level of the theme readi-

ness. There was stated the subject, objects and goals of the research, methodology

and methods of investigation, scientific novelty and basic statements for defense.

In the first section, there were studied conception and kinds of nature territories in

the Republic of Kazakhstan and Great Britain.

The part 1.1 “Stages of formation and development of the legal protection of

PPNT in the Republic of Kazakhstan and Great Britain”, consisting of two sub-

sections, is dedicated to the studying of the historical stages of foundation and devel-

opment of legislative regimes in Kazakhstan and Great Britain; had been revealed the

main development stages of the legislations of two countries and its typical peculiari-

ties.

The first stage in England and Kazakhstan is characterized by that in the end of

19th century and in the beginning of the 20th the major element of the PPNT were re-

serves in England and in Kazakhstan – virginal and protected from economical activi-

ty nature landscapes, or complexes – unique nature objects.

In the second part of the 20th century there was initiated work, not only of reserve

areas, but also national parks. The term “National park” in the juridical literature is

used as the synonym to the word – “reserve”, and like a single category of particular

protected territories was accepted only in the 60s. In addition, originally there were

not normative distinctions for national and regional parks.

Analogical development of legislative in the sphere of legal regulation of particu-

lar nature territories were held in Great Britain as well. England is the example of a

country, where you can find comparatively gentle legal regulation of the environmen-

tal protection and usage of nature resources. There is no written constitution, no code

branch of legislation, not even normative act, which could serve the base for it. Eco-

logical legislative regime of that country consists from a quite impressive number of

laws and subordinate legislative acts, which dedicated to the protection of particular

environmental elements and regulation of specific kinds of man’s impact on envi-

ronment.

The development of normative models of legal protection of unique nature objects

of England started from establishment of reserve areas, which were functioning in

different legal-organizational forms. There was no economical activity on these terri-

tories. What about national parks there were allowed conducting of various touristic

and recreation events.

The second stage of legislative development, about regulating of legal protection

of PPNT in England and Kazakhstan, was characterized by establishment of national

parks as objects of legal protection.

In Great Britain the government had the influence on the guarding system of na-

ture territories by close cooperation with landowners, without strict “direct” interfer-

ence in the rights of private property. In the same time various natural areas was di-

vided on different categories in united control system and had different meaning, the

most important among them – national parks were under state control. In addition,

there were allowed the creation of definite treaties and agreements in that socially

important sphere.

There are also features of national parks in Great Britain that concludes in that

many British, who occupy this territory from the earliest time, continue to live there.

So we can talk about not only protecting of single components of nature, but the

whole rural way of life with the preserved traditions of agricultural manufacture and

work and way of life organization. That is to say, that there exist such a legal regime,

which allows to combine public ecological interests with property, economical and

other interests of landowner, included in the area of particular protected nature terri-

tory.

The third stage of legislative development in Great Britain, regulating legal pro-

tection of nature territories, connected with the “Nature Act 1995” that became a new

mark in the development of PPNT of Great Britain.

The next act, that came up to take the place of Act of 1995, was “The Countryside

and Rights of Way Act 2000”. This law announced the exceptive priority and public

significance of such territories.

The third stage of legislative development in Kazakhstan connected with the

achievement of state independency of Kazakhstan in 1991.

The author makes a stress that the significance of biosphere in total had a great

importance for all mankind. Taking this into consideration, the author marks out a

number of general regularities in the establishment and development of PPNT legisla-

tive systems of Kazakhstan and Great Britain.

In the subsection 1.2 “Conception of particular protected nature territories”

was given a determination of the idea of “Particular protected nature territory” that

emerged in the end of the 20th century as the result of qualitative different attitude

ecologized attitude of society to nature, with taking into account the interests of fu-

ture generations, with neglecting of purely exploitative treatment. In the work were

studied the ratio of conceptions about particular protected territory and nature-

reserved fund. The construction “nature-reserved fund” gives rise to definite doubts.

In compliance with the Law “About particular protected nature territories” all

particular protected territories include in nature-reserved fund, and in some legislative

acts the notion “particularly protected nature territory” substitutes for “nature-

reserved fund”. The nature-reserved fund must include exceptionally reserve territo-

ries i.e. have all features of territory protection, that have a reserved status. The estab-

lishment of other kinds of PPNT for reserving objects of nature-reserve fund is the

breach of major goals, that were pointed in the article 23 paragraph 3 of the law men-

tioned before. There were different interpretation of the term “particular protected na-

ture territory” and were revealed that term “PPNT” does not carry appropriate mean-

ing, because displace accents from particular ecological importance of definite nature

objects and complexes to the form and level of legal protection. If understand this

term literally, it will mean that these natural object are of value not for their natural

qualities and functional significance, but for their special protection.

There was given proof of functionality of the term “particular protected nature ter-

ritory”, and author suggests to change the name of Law of the Republic of Kazakh-

stan “About particular protected nature territories” to “The legal status of particular

protected nature territories”.

It means that, the establishment of special legal regime of the usage and protection

must act as consequence of juridical recognition of special functional-qualitative

characteristics of particular nature territory.

In the section 1.3 “Classification of particular protected nature territories in

the world, Great Britain and Kazakhstan” there were considered the international

classification of particular protected nature territories. There were also made an at-

tempt of the elaboration of single terminology of analogical objects. The identifica-

tion of the national kinds of nature territories with their analogs in other countries

will stimulate integration processes in world cooperation.

The systems of the terms in the international classification, undoubtedly, will im-

prove the international communication in the sphere of PPNT and comprehend the

goals and objectives of protected territories more clearly and in detail.

A great number of denominations of particular protected nature territories in Great

Britain do not deny that all the categories direct for conservation of the natural envi-

ronment, with the areas of wild and virgin nature and territories where British citizens

live.

The main role-plays the legal regime. English PPNT possess a legal regime that

characterized by three elements: 1) environmental protection 2) conserving the nature

for scientific researches 3) protection of unique nature territories for recreation, tour-

ism and visual satisfaction of nature landscapes for rising of the living standards of

residential population. It is necessary to unite categories of National park and territo-

ry of magnificent natural beauty, national scenery territories to one sort, as in their

legislative status observed identical functions, objective and goals. These categories

have the view significance and in Kazakhstan compared with the category of Nation-

al park.

With all variety of objectives and goals of categories, all PPNT in England fo-

cused on landscapes, where people live. From all categories of the International Un-

ion for Conservation of Nature on the territory of Great Britain prevailed categories

IV – Managed Nature Reserves and V –Protected Landscapes. Reserved territories

that have wild nature areas, that particularly private, also included in IV category of

IUNC – the territories serve not only for conservation of nature, but also provide fa-

vorable conditions for local population.

The comparative analysis of the categories of PPNT of Britain and IUNC shows

that only two from six correspond to the international classification.

The author makes a stress that for the categories “Dendrological parks ” and “Zoo-

logical parks ” there are no analogs in the international classification of particular na-

ture territories of IUNC. English zoological park is the institution (juridical body), the

basic function of them is conserving wild animals for demonstrative purposes, for

free and payment, in any season. Kazakhstan zoological park also juridical body,

have the same function as English zoos – conserving and reproduction of wild ani-

mals for demonstrative purposes. But in contrast with British, the legislative of Ka-

zakhstan refers zoos to the PPNT that is very arguably from position of the method-

ology of differentiation natural and unnatural systems and objects of legal protection.

The legislative regimes of develop countries refers to PPNT only natural ecologi-

cal complexes, unique nature landscapes, that were formed due to natural-climatic

conditions and soil characteristics of land and were forming in the course of long his-

torical process. Unfortunately, in the legislative of Kazakhstan to PPNT, except natu-

ral landscapes. Also refer artificially-created nature territories, with objects of proper-

ty that seems inadmissible.

For examination and determination ways of solving this problem there was made

an analysis not only our country’s but also foreign legislative.

In Kazakhstan there is almost different system of PPNT.

The legal regulation of PPNT in Kazakhstan, in contrast to, legal regulation in

Britain, has its own features, that concludes in that the legislative regime of Kazakh-

stan systemize all the categories according to their level of protection and involve-

ment in economical activity and classify them not for the beauty and scenery of the

natural object, but for the presence of natural resources and its influence on conserv-

ing of biodiversity.

The legal status for particular PPNT in Great Britain can be established by local

authorities, managing one or another object and are quite these territories, private

landowners subject to the necessity of conserving one or other object and are quite

flexible. It can be accepted, that the legal status of PPNT in Kazakhstan are strictly

unified and have a favorable influence on further development of nature territories

and biodiversity conserving.

In subsection also was analyzed the features of protection of historical and culture

monuments on the territory of Great Britain and Kazakhstan.

Relics of architecture, that have historical and cultural significance on the territory

of England, situated on nature territories and are under protection as well as unique

natural areas, and there is no special priority for protection of one or other category,

so they can refer to any PPNT category. The objective of territories, that have unique

natural features, concludes in the protection of natural territories, areas of wildness,

landscapes. Object of historical and cultural significance. So, in the legislative of

Britain realizes the principle of complex protection and defence of natural and cultur-

al values.

On the base of the research there were suggested a number of recommendations

and supplements for the legislative of Kazakhstan republic.

In subsection 2.2 “National reserves in Great Britain and Kazakhstan”were ana-

lyzed the characteristics of legal regimes of the state natural reserves, the problems of

harmonization and unification of the legislatives of Britain and Kazakhstan in this

sphere.

There was revealed, that in the Law “About particularly protected nature territo-

ries” of the Republic of Kazakhstan, there were provided possibilities for the possi-

bility of building of official houses (ledgements) for habitation of the workers the

state natural reserve, that is illegal and contrasted to the major aims of reserve’ estab-

lishment. The articles 41.42 and 43 of the Law “About particularly protected nature

territories” are incorrect and contradictory to the articles of 23 and 39 of the law men-

tioned before. On the territory of reserve, can de acceptable only the activity for re-

moval of factors, preventing the conserving of reserve nature and recreation of the

nature and also eliminating of conditions, that can cause natural disaster, that can be

dangerous for people and centers of population, if it is impossible to lead this activity

out of reserve borders, but no economical activity or residence. The optimal choice

for solving of PPNT services’ localization it is supposed to de interesting the study of

legislatives and practice of foreign countries and recommendations of international

organizations.

In the second section “Management of the particular protected nature terri-

tories of Great Britain and Kazakhstan” were investigated questions of relation

between notions of public management public regulation of supply of land.

Public management of particular protected nature territories realizes by govern-

ment of Kazakhstan republic, by authorized organs and central executive organs, and

local (the most important cities and capital) representative and executive organs in

the range of their competence.

The authority organ of public management for PPNT is the Committee of Forestry

and Hunting of the Ministry of Agriculture (MA).

Together with MA the management of PPNT realizes Ministry of Education and

Science, Administration of the president, Ministry of Culture and Information that

considerably complicate the realization by PPNT its main function – conserving of

nature diversity of our country.

There appeared situation of duplication in environmental conserving activity, the

coordination of programmes, plans and activities of nature conserving organizations.

Realization of the management of protected nature territories by the Committee of

Forestry and Hunting of the Ministry of Agriculture falls short of world practice in

this sphere, where there are established special and independent organs that have the

whole range of functions that allow fulfilling the effective public regulation of pro-

tection and functioning of particular nature territories. The active system of manage-

ment in Kazakhstan does not meet the modern requirements and needs to be im-

proved.

It is suggested, to unite all management functions of PPNT, by their concentration

in The Ministry of Environment Protection of the Republic of Kazakhstan.

The major sate organ in the sphere of environmental protection is the Ministry of

Environment Protection. PPNT are the important part of the whole nature complex of

the country. Marking out the features of PPNT and representing their characteristics,

PPNT and its management organs must be located in the structure of the Ministry of

Environment Protection as the main element, which allows conserving the biodiversi-

ty of our country.

There were also exposed the features of public administration of PPNT. And they

are connected that particular protected territories are the independent objects of pub-

lic government.

In the work were presented the peculiarities of the public administration of partic-

ular protected nature territories in Great Britain.

In Great Britain the PPNT dominate private ownership, on Kazakhstan the PPNT

dominate state ownership. In England non-government organizations have more

rights and responsibilities than in Kazakhstan. In the management of PPNT in Great

Britain operating the mechanisms of social and economic policy, the population of

adjacent territories.

The analysis of the legislation Of Great Britain about management, in the wide

sense of this word, stimulates search of the most optimal legal –organizational forms

for participation of public associations in the protection of nature territories. In the

Kazakhstan legislative system the role of non-government organizations and public

associations did not meet appropriate application.

Nowadays the role of non-government organizations in the questions of environ-

mental protection became more important. These organizations have a positive work

experience with population, with governmental authorities, agencies, that is supposed

to be favorable for PPNT management.

Having a good look on the main functions of government in the sphere of nature

conservation, that reveal and characterize interconnections of government as integral

subject of management, the author notes that the subject of management of PPNT can

be not only state authorities, but also juridical institutions. The institution as juridical

body in the compliance of its management functions is the subject of public PPNT

management, and the territory (land area) is the permanent object of public admin-

istration. In the Law “About particular protected nature territories” lacks the definite

delimitations of territorial functions as individual objects of regulation and institu-

tional functions as subjects of regulation.

There were revealed that separate articles of the Law mentioned before, accepts

particular nature territories in the capacity of territories and institutions that is inac-

ceptable. That is why present norms must be corresponded with the norms of civil

legislation of the Republic of Kazakhstan.

There was made a comparative analysis of the legal status of administration of

particular protected territories in Great Britain and Kazakhstan. In Great Britain each

territory of PPNT is managed by separate organ, the directorate. The direction is in-

dependent and is financed by the British government for 2 purposes: 1) conserving

and expansion of natural beauty, wildness, and cultural heritage, 2) extension of pos-

sibilities for understanding of public characteristics and qualities of national parks. In

contras to Great Britain, PPNT administration in Kazakhstan established in the form

of institutions or government enterprise, which has almost different authorities. In

Great Britain it became customary to vest non-government public organizations and

local authorities by management functions. So, the National fund “English nature” -

the major owner of historical gardens and parks, villages and estates, areas of pristine

nature. The fund was established on 1965 for the purpose of protection of littoral nat-

ural inheritance of Great Britain.

In Kazakhstan republic according to the article 23 of the Law “About particularly

protected nature territories ” all PPNT are in government ownership and not liable to

takeover. However, it does not impede to the borrowing of positive and approved

world practices in management of particular nature territories, that under private

ownership. One of the examples of admission to the management of the public is the

right of public admissions realize public control of PPNT>

In the subsection 2.2 “The principles of management of particular protected

nature territories in Kazakhstan and Great Britain” was presented the compara-

tive analysis of the principles of English and Kazakh legislations, which favor to

more full revelation of general tendencies, the legislative development, and also dis-

tinctions of principal character. There were also revealed the principle features of le-

gal regulation of PPNT in Great Britain that means that the particular attention was

paid to the interest of people, who live in these nature territories.

The comparative analysis of the principle of legal protection of particular nature

territories in Great Britain and Kazakhstan shows that they are identical in a range of

positions. And with it English legislation regulates in detail, legal-organizational

forms of cooperation of government with population, in contrast with Kazakh legisla-

tion, and possesses principles, which reflect the features of legal regulation of English

PPMT, that means that owners take part in such management. This management ex-

perience can be acceptable for Kazakhstan as well.

Rules that are used in Britain were worked out for the purposes of PPNT protec-

tion and rational utilization of nature territories for present and future generations.

They combine the interests of government and people, who live on these territories.

In the subsection 2.3 ¨Organizational-legal methods of protection of particu-

lar nature territories in Kazakhstan and Great Britain¨ there were studied the or-

ganizational and legal ways of protection, stimulating to the qualitative development

of particular territories, and their individualization as objects of securing.

There were also analyzed and presented the economical factors, that have a favor-

able influence on PPNT development, the improving of the given service of recrea-

tion and tourist activity on the reserve territories. There were also given information

about various forms of capital formations, which can be contributed on infrastructure

development of adjacent territories and rise of standards of living of the population,

living there.

Particularly one of the forms of capital formation is “green or rural tourism” or

“agrotourism”., that is especially popular in the USA and West Europe – the vacation

in country (in villages, homesteads, in comfortable country houses ). Some time

tourists lead the rural way of living among the nature; get acquainted with values of

folk culture, applied art, with national songs and dances, local traditions, participated

in the traditional rural work, folk holidays and festivals.

Also were revealed that actual methods of payment for PPNT usage are ineffec-

tive. The problem lays in the easy access to PPNT for tourists. The author suggests

not enacting paid visitation, but effectively managing the taxes, receiving from the

tourist events.

In the subsection 2.4 “Planning and regulation of tourism in national parks

and particular protected nature territories in Great Britain and Kazakhstan”

was researched the meaning and content of ecological tourism, and were revealed its

characteristic features as one of the forms of man-made influence on wildness.

In the work the author exposes the idea and the content of disorganized tourism

that can seriously impair to nature, that is why there appeared new forms of visitors’

attraction like ecological tourists. The development of tourism on particular protected

territories may lead to beneficial effect, or to negative consequences. With this do-

mestic legislation allows a number of ecotouristical events on the territory of PPNT,

but the realization of such events does not include in the responsibilities of admin-

istration and depends on its discretion.

The ecotourism is cause damage to nature for the excessive concentration of peo-

ple on limited territories, but on the other part stimulate finance up growth and solves

the problem of inhabitants’ occupation. In the thesis there were analyzed the legal-

organizational methods of decreasing man-made load on PPNT, that is widely-used

in foreign countries.

Being accept the ecological tourism as sort of economic activity, the author makes

a stress that tourist activity, that does not mean only the development of paths and

bivouac stops, but also the construction of hotels and campaigns, rest homes and res-

taurants, can be more dangerous that productive activity. But Law “about particular

protected nature territories ’’ sets the limits only for economic activity on PPNT.

For solving the problems mentioned before, there were generalized the practices

of number of foreign countries, and specifically of Great Britain.

The part 3 “The international cooperation in the sphere of protection of natu-

ral landscapes” consists of three subsections.

In the subsection 3.1 “The international net as method of protection of nature

territories” were studied the ideas of “ecological net” and “ecological corridor”, and

their formation will stimulate the development of particularly protected nature territo-

ries, and will be one of the most prominent directions in solving social, economic and

ecological problems. Many of PPNT in Kazakhstan exist isolated from each other,

and even those connection that were established, have no juridical execution.

On the modern stage the localization of PPNT in Kazakhstan have little resem-

blance with “ecological net” in its generally accepted, global meaning. And with it,

there take place the formation of regional instate ecological nets in Zailiyskiy Ala-

Tau, Jongarskiy Ala-Tau and in Altai region. The also forms ecological nets with

other countries – these are West Tien Shan and Altai-Sayanskiy ecological regions.

The formation of ecological networks, ecological corridors must be practiced on

the base of definite methods, that have passed approbation and used in foreign coun-

tries.

There were approved the most optimal, from the author’s point of view, legal-

organizational methods of realization in Kazakhstan of ecoregional approach to na-

ture protection. The isolated PNT, with all range of protected territories of different

categories, must be a united system with the general purpose of nature conservation

and cover territories that are connected by corridors of land tracts of traditional or

other stable nature management.

In the subsection 3.2 “the international agreements and conventions in the sphere

of natural territories” were explored different forms of participation of Kazakhstan in

the international cooperation, its extend of participation in international nature con-

serving conventions, the development of system and improvement of conditions of

functioning of PPNT.

It is determined, that accession of Kazakhstan to the international ecological con-

ventions will notably advance our country in the questions of prevention of ecologi-

cal damage. The operating of international organizations gives a great practice sup-

port in achievement of strategy goals of the country. That is why the system of inter-

national nature conserving organizations in our state must have its further develop-

ment that means the increasing of meaningful of various forms of international coop-

eration, the appearance of new ecological problems, which demands joint actions of

the majority of the countries.

The special role in solving ecological problems, undoubtedly, acts non-

government organizations, 0because of a collective opinion that is forming as a result

of their cooperation that possesses more and more significance. In the contrast with

international legislative acts that a an obligatory character by elaborating of special

laws that set the binding force of international agreements and conventions, the deci-

sions of non-governmental organization have a recommendation character. However

NGO have a great influence on law elaboration, by preparation of various nature con-

serving projects and conceptual suggestions that expresses social opinion.

The were also set out that in contrast with Britain where separate protected nature

territories have a status of the territories of Ramsar convention and are singled out in-

to definite category, that have a legal status and successfully fulfill their functions,

the actual PPNT in Kazakhstan, that possesses a n international status under interna-

tional agreements and programmes, weren’t singled out into separate category of

PPNT, by this there was not taken into consideration international norms and rules

about protection of particular territories. This not only reduces the effectiveness of

application the present norm and rules, but often leads to misunderstanding of inter-

national rules, requirements, and recommendations.

In the subsection 3.3 “the perfection of the system of particular protected na-

ture territories in Kazakhstan” there were revealed peculiarities and significance of

establishment of particular protected nature territories subject to the regional charac-

teristics of nature areas of the Republic of Kazakhstan.

The great role in the conservation of nature-reserve fund of Kazakhstan republic

plays the development of system of particular protected nature territories of local of

local meaning.

The development of PPNT system of local significance is one of the actual prob-

lems of nature conserving of republic regions and discharge on the base of stated by

regional (major cities and capital) executive organs of intermediate and long term

Programmes of development of PPNT systems of local significance.

The author acts in the premise that the conservation of genetic fund of animal

world must be realized subject to the their natural habitants, suggest to reconsider the

practice of PPNT establishment only in the regions of unique nature complexes and

gives proof of the establishment of the net system of particular nature territories sub-

ject to their natural-historical, geographical, climate features of the republic regions,

that are favorable for habitation only limited number of kinds of animals, adapted to

the conditions of one or another region.

The additional classification of the country territory according to the natural con-

ditions gives new opportunities for regulation of anthropogenic damage on protected

nature territories.

There were also proposed to enact simplified procedure of establishment of par-

ticular protected nature territories that are compromised to degradation and loss of

natural conditions.

In summaries are states main theoretical resumes and suggestions of practical

character for further improvement of legislation of particular nature territories.



CONCLUSION



The modern system of particular protected nature territories in the Republic of

Kazakhstan is the main form of conservation and development of country’s biodiver-

sity and protection of unique nature objects. In the Strategy – Kazakhstan 2030 em-

phasizes that Kazakhstan must become clean and green country with fresh and pure

air, favorable environment. The question of the legal status and legal regulation in the

sphere of environmental protection referred in the Strategy Kazakhstan-2030 to the

most priority and actual. The studying of the history of formation, stages and tenden-

cies of development of legislations of Kazakhstan and Great Britain about PPNT al-

lowed to formulate the following resume.

1. The legal protection of natural-reserved fund of the Kazakhstan republic en-

closes the principle of conservation that referred to all the categories of PPNT, inde-

pendently from the legal status o permitted economic activity as all the actual catego-

ries of PPNT were transformed from the category “Nature Reserve” and only after

this, received the appropriative legal protection. In the theoretical literature and in

some legislative acts the term “particular protected nature territory” changes to the

term “natural-reserved fund”. This term means only the spatial characteristic of par-

ticular protected nature territories.

2. The state natural-reserved fund is the main conception of the Law about the

Republic of Kazakhstan “About particular protected nature territories”, that unites all

the whole range of all natural objects under protection, that possesses particular cul-

tural, ecological and science value as natural models, unique objects, and relics, the

subject of researching, education, and enlightenment, tourism and recreation, but can

not be referred only as separate kinds of particular nature territories.

The main significance of separation of particular protected nature territories t as

an independent category consists of the determination of the prevalence limits of par-

ticular protection and regulated regime of economic activity, stated by environment

conservation legislation. These limits are matched with the spatial parameters of the

state nature-reserved fund.

3. The formation of legislation in the sphere of protection of unique nature areas in

England sand Kazakhstan were being in processed across and it is possible to sepa-

rate out number of general regularities in the establishment and development of leg-

islations in these countries, although, they were based an absolutely different concep-

tual methods. The English doctrine suggested the formation of cooperation of author-

ized state organs with title owners of these nature territories on the base of agree-

ments. In the soviet conception dominated command methods in the determination of

the legal status of particular territories.

The first stage is characterized by that in the end of the 19th, the beginning of the

20th century the major kind of the PPNT system were reserves in England, and in the

territory of Kazakhstan republic – pristine and protected from any economic activity,

natural landscapes and complexes.

The middle of the 20th century for both countries were notable for acceptance of

the whole range of legal acts, that were directed at regulation of the public relations

in the sphere of nature management, that were stipulated by the conception of im-

portance and necessity of nature conservation for present and future generations. The

new conception of PPNT status appeared in the end of the 20 th century as the result of

qualitative relation of society to nature, subject to the interest of future generations

with refusal of merely exploitative treatment to nature, the Constitution of Kazakh-

stan republic declared the right of each citizen on favorable environment and pure

air, that meant legally set priorities in the sphere of cooperation of human and nature.

4. There were analyzed the peculiarities of the legal regime of natural territories,

that are used on recreational ant tourist purposes. In Great Britain by establishment

of economically favorable conditions for the inhabitants of presented territories the

state resolves, on one side, the problem of occupation of people, and on other, creates

the necessary conditions for ecotourism management. One of the factors, that have

influence on nature conservation, is the economical indicator of the gained by popula-

tion benefit. The value of nature for human lays in three factors: in resources, in the

regulative function of nature and in “nature services” (recreation, aesthetic pleasure

and other). All three factors are important for tourism and ecological tourism start

where there is the economical interest in natural tourism.

5. The analysis of various interpretations of the legal status of unique nature com-

plexes allows to say about their general defect the replacement of accent from natu-

ral-historical characteristics of nature complexes to the form of protection. The inval-

idation of such method is based in the very name of the Law “About particularly pro-

tected nature territories”. That is why it is suggested to change the name of the law to

“About legal status of particular protected nature territories” with inclusion of the

important corrections of the main conceptions about natural-reserved fund, about par-

ticularly protected nature territory as the objects of legal protection.

6. The analysis of the legislation in force reveals the a number of articles of the

law “about particular protected nature territories allows the mixing of the terms of

“PPNT as the object of legal protection and “institution” as the subject of the legal

protection, and there is no differentiation of objective and goals. In the number of ar-

ticles. There were included tasks, peculiar to institutions (the providing of territory

protection, organization and conduct of scientific investigations, realization of eco-

logical monitoring, the participation in ecological expertise of the projects and

schemes of localization of economic and other objects, the regulation of the territory

usage in the ecologicaly-enlighting , scientific and touristic purposes and so on ). For

the deletion of these contradictions it is advisable:

 To make changes and additions in the Republic Law “About particularly

protected nature territories” by differentiation of the conception of “PPNT”

like “territory and “institution”, and “state-run enterprise”,

 The objective of PPNT as territories of different categories and institu-

tions, enterprises, that were established for protection and functioning of the

same name PPNT.

The suggested changes will stimulate the bringing of the Law “About par-

ticular protected nature territory” in the correspondence with civil legislation,

orderliness, and effectiveness improvement of the norms’ application, that are

listed in legal acts.

7. The long-term experience of Britain in the questions of the protection and us-

age of unique landscapes has demonstrated the necessity of complex method to pro-

tection of nature territories. The borrowing of the practices of Great Britain demand s

the updating of Kazakhstan legislations about PPNT. It is suggested to supplement

the Law “About particularly protected nature territories” with the norm, that determi-

nates the limited size of the protected territory, that have a reserved regime, with rela-

tion with the territories of limited usage. Nature management, recreation and tourism.

The presence of the norm will minimize the process of unfavorable influence on natu-

ral complexes, that mean the lands confiscation, that are related to reserved territories

under economical necessities, will allow to increase the level of conservation of

unique nature territories and complexes.

8. The legislation in force corresponds to the kinds of particular protected nature

territories zoological, botanical gardens, dendrological parks, old relics and monu-

ments of history and culture. These objects have not natural, but man-made origin

that does not correspond to the etymological term of “nature territory”.

It also can be stressed, that the category “Dendrological parks” and “Zoological

parks” there are no analogs for them in the International Union for Conservation of

Nature classification of nature territories.

In the actual zoological parks realizes the demonstration of animals and plants as

method of benefit extraction that does not agree with the function of conservation of

gene pool of flora and fauna. Although, according to the Law “About particularly

protected nature territories” in zoological parks can be operated the present kind of

activity with reserve that the main function is enlightening, scientific, educational and

nature conserving work, with the reservation of gene pool and breeding in the man-

made conditions of typical, rare and under risk of destruction, animals. Zoological

parks is man-made territory for keeping rare animal in capacity, and not in natural

conditions of habitation, that is in contrast with criteria of conservation and reserva-

tion of the objects of wildness. That is why it is necessary to review the status of zoo-

logical parks, with preservation of enlightening, scientific, education and demonstra-

tion of animals and birds. This way, the system of PPNT in Kazakhstan republic not

fully corresponds with international classification, although there are a lot of similar

characteristics. Unfortunately, as we can see, some of the kinds of PPNT in full

measure based and proved. In other words, the system of determination of interna-

tional classification, undoubtedly, helps to improve the international communication

in the PPNT sphere and more clearly and in detail comprehend the objectives of pro-

tected territories in Kazakhstan.

9. The characteristics of PPNT in Kazakhstan, that possesses an international sta-

tus under international treaties and agreements, are not included in the national legis-

lation, that leads not only to reduction of effectiveness of norms’ and rules’ applica-

tion, but often leads to the incorrect comprehension of international norms, require-

ments and recommendations. For example, in Great Britain single territories possess-

es a status of the territories of Ramsar convention and are singled out into definite

category, legally secured and successfully fulfill their functions. There were also sug-

gested to make change s in the article 18 of the Law “About particularly protected na-

ture territories”, with the review of: the establishment of the list of PPNT categories

of international importance, delimitation of the powers of the organs of governmental

authorities on regulation of PPNT activity of international significance. IT is neces-

sary to determine the List of PPNT of international importance, the orderliness of in-

cluding them in the international system of protected territories , the characteristics

of the regime of particular guarding and limitation for every PPNT category of inter-

national significance, the orderliness of over patching of borders and protection re-

gime and usage of every PPNT category of international significance. Subject to pro-

posed corrections and additions it is purposeful to strengthen ecological requirements

to the conditions of activity on PPNT. With revision of actual norms and statements

of Ecological Code.

10. It is also suggested to reinforce the systems of methods of responsibility for

delinquencies, referred to the regime of activity and lands of PPNT, restrict require-

ments for conditions and orderliness of immunity from the structure of PPNT. The

arrangements of executive authorities, specially authorized organ and its officials it is

necessary to support them by the methods of economic stimulation, the instruments

of public control for legislation compliance about PPNT.

The suggested corrections do not change the principles of protection of natural

complexes and objects, as do not change the statement referred to the prohibition of

kinds of activities on PPNT, and also their objectives and goals. Introduction of

changes in the Law “About particularly protected nature territories” will allow to held

the effective protection of natural complexes and objects and resources conservation,

to provide higher level of organization of researches and n other activities of PPNT,

to improve the work for the population enlightment and development of ecological

tourism, to stimulate the progress of local infrastructure and mobilization of invest-

ment. The acceptance of proposed corrections in the Law “About particularly pro-

tected nature territories” can also mean introduction of relevant changes to subordi-

nate legislation.

In general, the improvement and further development of legislation about PPNT

must be reviewed as pivotal direction to the lawmaking activity of the government.

The perfect legal base and appropriative institutional support will allow Kazakhstan

to appear in advanced positions in the sphere of expansion of the PPNT system and

providence of effective functioning in compliance with international standards and

with a glance to advanced foreign practices.

LIST OF USED RESOURCES



1. Andreeva I.V. “Organization of the system of particular protected nature terri-

tories on the base of landscape method in example of Altai region”. The candidate

dissertation of geographical sciences, Barnaul city – 2005-241 pages.

2. Message of the President of the country to the people of “Kazakhstan-2030:

Prosperity, security and improved living standards for all Kazakhs” October 10 of

1997// Kazakhstanskaya Pravda. – 1997- October 11.

3. The programme of development of the system of particular protected nature

territories of the Republic of Kazakhstan for years 2007-2009. Dated October 13,

2006.

4. Bishop K., Grin M., Philips A. the models of the national parks. Moscow,

2000, 213 pages.



THE LIST OF PUBLISHED WORKS ON THE THEME OF THESIS



1) Law and State 2007. №2. “The particular protected nature territories of the

world and methods of development of Kazakhstan reserved activity’.

2) Bulletin of Law of Kazakhstan republic “Zanger”, “The particular protected

nature of the Republic of Kazakhstan and its legal characteristics”, N3 March 2008.

3) The scientific bulletin Herald of L.N. Gumilyov Eurasian State university N3

(64 2008)”. The article “the legal regulation of relations connected with the usage of

particular protected nature territories.”

4) Law and State 2009 N1 “The planning of the organizational activity on the par-

ticularly protected nature territories in Great Britain and Kazakhstan”

5) The international conference on the Science and the Practice “Regularities of

establishment and tendencies of development of legislation of the Republic of Ka-

zakhstan”, the article “Responsibility for destruction of the regime of particular pro-

tected nature territories” May 18, 2007 , L.N. Gumilyov Eurasian State university.

6) The materials 5 of the international conference on the Science and the Practice

“Seytenov readings” devoted to the 95 years of the day of birth Jakupseit Kasymov.

The article “National Parks as the special kind of particular protected nature territo-

ries in Great Britain and Kazakhstan”. Kokchetav city, 19-21 December 2008.

7) The international conference on the Science and the Practice, devoted to the

memory of M.K. Umurkulov on the theme “Particular protected nature territories”.

Kazakh State Humanitarian-Juridical University. Astana, May 11, 2007/

8) The second international conference on the Science and the Practice of grad-

uated students and young scientists. Nevinnomyssk Institute of Economics, Man-

agement and Law, “Youth and science: reality and future”. The article ”The legal

regulation of relations, connected with the particular protected nature territories”

Russia, Nevinnomyssk city, March 3, 2009.

9) The materials of the third international conference on the Science and the Prac-

tice “Jas Galym - 2009”, “The development of ecological tourism on the particularly

protected nature territories” Taraz State Pedagogica University, Taraz city, April 16-

18, 2009.

10) The republic international conference on the Science and the Practice of

young scientists “The modern conception of youth of Kazakhstan the problems of

globalization in the new world” on theme “To the question of referring the category

of particular protected nature territories in Kazakhstan to the international classifica-

tion of the World Conservation Union” May 7, 2008, Astana.

11) The international conference on the Science of students, masters and young

scientists “Lomonosov - 2009”.L.N. Gumilyov Eurasian State university, April 10-

11, 2009, Astana. - P. 261- 261.

Ниязғұлов Данияр Төлеуұлы



Ерекше қорғалатын табиғи аумақтардың құқықтық режимі

(Қазақстан Республикасының және Ұлыбританияның заңнамаларын

салыстырмалы талдау)

12.00.00 – заң ғылымдары

PhD философия докторы академиялық дәрежесін алу үшін

ұсынылған дисертацияның



ТҮЙІНІ



Зерттеу объектісі Қазақстан Республикасында және Ұлыбританияда ерекше

қорғалатын аумақты қорғауды реттеу саласында қалыптасатын қатынастар

болып табылады.

Зерттеу пәні – Қазақстанда және Ұлыбританияда ерекше табиғи аумақты

қорғаудың және пайдаланудың құқықтық тетігі.

Диссертациялық зерттеудің мақсаты Қазақстан Республикасы мен

Ұлыбританиядағы ерекше қорғалатын табиғи аумақты құру, жұмыс істеуі және

оны қорғауды құқықтық қамтамасыз етудің негізгі теориялық және

қолданбалы мәселелерін кешенді зерделеу болып табылады.

Зерттеу мақсаты мынадай міндеттерді шешуді көздейді:

Ерекше табиғи аумақты қорғауды реттеу аясындағы отандық және шетелдік

заңнамаларды талдау.

Табиғи аумаққа ерекше қорғау мәртебесін беру үшін оларды таңдаудың

құқықтық принциптері мен критерийлерін анықтау.

ЕҚТА туралы қолданыстағы заңнамаларды жетілдіру мақсатында ондағы

қарама-қайшы және қате нормаларды айқындау;

Экотуристік қызметті талдауды және мемлекеттік басқару тетігін қамти

отырып, ЕҚТА ұйымдастырушылық қызмет нысандары мен жоспарлау

әдістерін бағалау және талдау;

Қазақстан Республикасы ратификациялаған халықаралық конвенциялар мен

шарттарға сәйкес ерекше құқықтық қорғауды талап ететін бірегей табиғи

аумақты айқындаудың ұйымдастырушылық-құқықтық тетігінің үлгісін әзірлеу;

Ерекше табиғи аумақты қорғау саласында халықаралық ынтымақтастықтың

тиімді ұйымдастырушылық-құқықтық нысандарын негіздеу.

Диссертациялық зерттеудің методологиялық негізі табиғат пен қоғамның

өзара іс-қимылы туралы ілімді, болмысты объективті және жан-жақты танудың

негізгі әдісі ретіндегі диалектикалық әдісті, сондай-ақ тарихи және формальды

логикалық әдістерді, соның ішінде дедукция және индукция, талдау және

жинақтау тәсілдерін қамтиды. Сонымен қатар салыстырмалы-құқықтық,

салыстырмалы-тарихи және формальды-логикалық арнайы әдістер

қолданылды. Жұмысты жазу кезінде ерекше қорғалатын табиғи аумақ туралы

құқықтық тұжырымдамаларға көңіл аударылды. Зерттеудің эмпирикалық

базасы ретінде мерзімді баспасөз материалдары, Қоршаған ортаны қорғау

министрлігінің Орман шаруашылығы комитетінен алынған ЕҚТА қорғау

жөніндегі мемлекеттік басқарма органдарының қызмет практикасы кеңінен

пайдаланылды. Сондай-ақ зерттеу тақырыбы мәселелеріне қатысты

экологиялық, табиғи ресурстар және өзге де заңнамалар, Ұлыбританияның

заңнамалық актілері, табиғи аумақты қорғау және пайдалану жөніндегі

статистикалық және жинақтап қорыту деректері зерделенді.

Зерттеудің ғылыми жаңалығы

Зерттеудің ғылыми жаңалығы бұрын жан-жақты ғылыми талдаудың пәні

болып табылмаған мәселелерді алға тартуымен және мәселелер аясын

қарастырумен анықталады.

Жұмыс Қазақстан Республикасындағы және Ұлыбританиядағы ерекше

табиғи аумақтардың құқықтық режимін заңнамалық салыстырмалы талдау

негізінде алғашқы кешенді зерттеу болып табылады. Жұмыстың жаңалығы

мынадай ұстанымдармен сипатталды:

Ерекше табиғи аумақтарға олардың түр ерекшеліктері мен әлеуметтік

мақсатын ескере отырып, құқықтық обьектілер ретінде түсінік берілген;

Қазақстан мен Ұлыбританиядағы жалпы және ерекше құқықтық режимін

анықтай отырып, ЕҚТА ұқсастықтарының құқықтық режиміне халықаралық

классификациясында көрсетілгендей салыстырмалы талдау жүргізілді;

Ерекше табиғи аумақты құру, жұмыс істеуі және қорғау саласында

мемлекеттік басқару жүйесін жетілдіру бойынша ұсыныстар енгізілді, соның

ішінде ЕҚТА саласындағы мемлекеттік басқару функциясын Қазақстан

Республикасы Қоршаған ортаны қорғау министрлігінің бірыңғай мемлекетттік

органына шоғырландыру қажеттілігі негізделді;

ЕҚТА-да экологиялық туризмнің қажетті параметрлерін дамытуды және

қамтамасыз етуді ынталандыру бойынша арнайы нормативтік құқықтық

актілерді әзірлеу бойынша ұсыныстар енгізілді;

Алынған зерттеу нәтижелері Қазақстан Республикасында ерекше қорғалатын

табиғи аумақтар жөніндегі нормативтік құқықтық реттеуге қатынасты

тереңдетеді, нақтылайды, бір қатар жағдайларда жаңа тәсілдер

қалыптастырады.

Зерттеудің теориялық және практикалық маңыздылығы.

Зерттеудің практикалық маңызы диссертацияда көрсетілген идеялардың,

тұжырымдар мен ұсыныстардың ЕҚТА-ны құқықтық қорғау және пайдалану

саласында ғылыми зерттеуді одан әрі жүргізуге негіз бола алады. Сонымен

қатар олар жекелеген табиғи учаскелерді құқықтық қорғау режимінің

тиімділігін қамтамасыз етудің қолданбалы сипаттағы нақты мәселелерді шешу

кезінде пайдаланылуы мүмкін.

Диссертацияда келтірілген тұжырымдар, ұсыныстар Қазақстан

Республикасында ЕҚТА туралы заңнаманы жетілдіруге бағытталған.

Осы зерттеу жұмысы оқу үдерісінде, семинар және практикалық сабақтар,

ғылыми-зерттеу жұмысын жүргізуде, сондай-ақ заңгерлік жоғары оқу

орындары студенттерінің дипломдық және курстық жұмыстарына жетекшілік

ету кезінде пайдаланылуы мүмкін.



Ниязгулов Данияр Толеуович

Правовой режим особо охраняемых природных территорий

(сравнительный анализ законодательств Республики Казахстан и

Великобритании)

12.00.00 – юридические науки

РЕЗЮМЕ

диссертации на соискание академической степени доктора философии PhD



Объектом исследования являются отношения, складывающиеся в сфере

регулирования охраны и функционирования особых природных территорий в

Республике Казахстан и Великобритании.

Предмет исследования – правовой механизм охраны и использования

особых природных территорий в Казахстане и Великобритании.

Цель диссертационного исследования заключается в комплексном

изучении основных теоретических и прикладных проблем правового

обеспечения создания, функционирования и защиты особо охраняемых

природных территорий в Республике Казахстан и Великобритании.

Цель исследования предопределяет постановку и решение следующих задач:

 анализ отечественного и зарубежного законодательства в области

регулирования охраны особых природных территорий;

 определение правовых принципов и критериев выбора природных

территорий для придания им статуса особой охраны;

 выявление противоречий и пробелов норм действующего

законодательства об ООПТ с целью его совершенствования;

 оценка и анализ существующих форм и методов планирования

организационной деятельности на ООПТ, включающая анализ

экотуристической деятельности и механизма государственного

управления;

 разработка модели организационно – правового механизма выявления

уникальных природных территорий, требующих особой правовой защиты

в соответствии с международными конвенциями и договорами,

ратифицированными Республикой Казахстан;

 обоснование оптимальных организационно-правовых форм

международного сотрудничества в области охраны особых природных

территорий.

Научная новизна исследования

Научная новизна исследования определяется постановкой проблемы и

рассмотрением круга вопросов, не являвшихся ранее предметом всестороннего

научного анализа.

Работа представляет собой первое комплексное исследование правового

режима особых природных территорий в Республике Казахстан и

Великобритании на основе сравнительного анализа законодательства. Новизна

работы характеризуется следующими позициями:

Дано понятие особых природных территорий как объектов правовой охраны

с учетом их видовых особенностей и социального назначения.

Проведен сравнительный анализ правового режима аналогов ООПТ,

указанных в международной классификации в Казахстане и Великобритании с

выявлением общего и особенного в их правовом режиме.

Внесены предложения по совершенствованию системы государственного

управления в области создания, функционирования и защиты особых

природных территорий, и, в частности, обоснована необходимость

концентрации функций государственного управления в сфере ООПТ в едином

государственном органе Министерства охраны окружающей среды Республики

Казахстан;

Разработаны предложения по разработке специальных нормативных

правовых актов по стимулированию развития и обеспечению необходимых

параметров экологического туризма на ООПТ.

Полученные результаты исследования углубляют, уточняют, а в ряде

случаев формируют новые подходы к нормативно-правовому регулированию

отношений по особо охраняемым природным территориям в Республике

Казахстан

Теоретическая и практическая значимость исследования

Практическая значимость исследования заключается в том, что, идеи,

выводы и предложения, содержащиеся в диссертации, могут послужить

основой для дальнейших научных исследований в области правовой охраны и

использования ООПТ. Кроме того, они могут быть использованы при решении

конкретных прикладных вопросов обеспечения эффективности правового

режима охраны отдельных природных участков.

Выводы, предложения и рекомендации, сформулированные в диссертации,

направлены на совершенствование законодательства об ООПТ Республики

Казахстан.

Настоящее исследование также может быть использовано в учебном

процессе при преподавании, ведении семинарских и практических занятий,

научно-исследовательской работе, а также при руководстве дипломными и

курсовыми работами студентов высших юридических учебных заведений.