Annotation: The article summarizes the proposate on the importance of public administration in the field of ecology, the improvement of environmental control and environmental expertise.
Key words: environmental control, environmental expertise, gene pool, environment, assessment intitutes, public control, industry.
Currently, the world community is facing serious environmental problems that need to be addressed. Of course, countries around the world are trying to find a solution to these problems through cooperation.
After our independence, our country joined the UN in 1992 and began its work in many international organizations. A number of international environmental standards have been ratified.
In addition, it was possible to establish partnerships with a number of developed countries of the world. These countries are: China (since 1997), Georgia (since 1995), India (since 1996), Israel (since 1997), Japan (since 1994), Kazakhstan (since 1997), Kyrgyzstan (since 1996) years), Malaysia (since 1996), Republic of Korea (since 1995), Slovakia (since 1998), Switzerland (since 1998), Tajikistan (since 1994), Thailand (since 1998), Turkey (since 1996 years), Turkmenistan (since 1996), Ukraine (since 1998), the United Arab Emirates (since 2006), Azerbaijan (since 2006) [1:30].
With the participation of the diplomatic corps of the countries of Central Asia, the following were signed: Agreement between Uzbekistan, Kazakhstan and Kyrgyzstan on cooperation in the field of environmental protection and rational use of natural resources, as well as similar bilateral agreements between Uzbekistan and Kazakhstan and Kyrgyzstan and between Uzbekistan and Kazakhstan; Agreements between Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan on joint actions for the rehabilitation of transboundary impact mining facilities; Agreement on the use of water and energy resources of the Syr Darya river basin between Kazakhstan, the Kyrgyz Republic and Uzbekistan, to which Tajikistan joined [2:13]. A new edition of the National Strategy and Action Plans for the conservation of biodiversity for
We can see that the adoption of the aforementioned international norms in this area and many important norms in the national legal system. Recently, however, negative effects have occurred, such as ignoring the environment and inefficient use of natural resources. As a result, the negative impact on water and land resources, genetic resources of flora and fauna, reduction of biodiversity, industrial and other environmental pollution has intensified. This has led to the expansion of state control over the environment.
Environmental control is the most important legal measure to ensure rational use of natural resources and protect the environment from harmful influences, the function of public administration and the legal institute of environmental law. Based on the role of environmental control in the mechanism of environmental protection, it can be assessed as the most important legal measure. It is through environmental control that the enforcement of the relevant subjects of environmental law to fulfill environmental requirements is mainly ensured.
Measures of legal liability for environmental violations are applied either in the process of environmental control, or with the involvement of other state bodies.
It was previously emphasized that the function of environmental control is also carried out in the implementation of other legal measures to ensure rational use of natural resources and environmental protection — environmental regulation, environmental impact assessment, environmental licensing, environmental certification.
But within all these areas of activity, environmental control, ensuring compliance with environmental and legal requirements, is carried out objectively, along the way, in relation to each of the above types of activities. The implementation of any of such measures, as well as the implementation of environmental control, is a deliberate activity of specially authorized state bodies, carried out within the framework of the procedure established for them, on the basis of special legal norms.
At the same time, state control over the environment and its legal aspects is also mentioned in a number of legal publications. In general, the following features define the concept of “environmental control”:
firstly, environmental control is a key component of environmental protection in our country;
secondly, it reflects the environmental policy of our independent state;
and thirdly, it is a key element of environmental management. [4:51]
According to article 31 of the Law of the Republic of Uzbekistan “On Nature Protection”, state control over nature protection is carried out by state bodies and administrations, specially authorized state bodies.
Another function of public administration in the field of ecology is environmental review. The purpose of environmental impact assessment is the prevention of harmful activities to protect the environment, public health and environmental safety.
In accordance with the decree of the President of the Republic of Uzbekistan dated October 3, 2018 No. PP-3956 “On additional measures to improve the public administration system in the field of ecology and environmental protection”, the organizational structure of the Govcomecology system was approved. [5]
In order to ensure the effectiveness of public administration in the field of ecology and environmental protection, the Inspection for Control in the Sphere of Ecology and Environmental Protection was created in the structure of the State Committee for Ecology on the basis of the Inspectorate for Monitoring the Protection and Use of Biodiversity and Protected Areas and the Inspectorate for Monitoring Education, Collection, storage, transportation, utilization, processing, burial and sale of waste without forming a legal entity.
It is also worth mentioning the environmental control systems in a number of developed countries. For example, the modern system of state environmental control in the United States, that is, monitoring compliance with regulatory requirements for environmental quality, is based on a general rule: the emission of pollutants is prohibited, unless permitted by rules established in accordance with law , and the quantity and concentration of pollutants emitted are limited by a certificate issued in the prescribed manner.
Based on this rule, enterprises (organizations, institutions) — potential sources of environmental pollution, are obliged to carry out internal industrial environmental control (self-auditing). The creation in 1969 of the Environmental Protection Agency (EPA) as a federal body responsible for improving the quality of the environment for the protection of human health and performing the functions of intersectoral management in its three areas — water, atmospheric air and land, as well as the adoption in the 1970s. (with subsequent amendments and additions) to the fundamental federal laws in the field of ecology have fundamentally changed, along with the system of standardizing the quality of the environment, the system of state environmental control [7: 106].
Currently, it is carried out by specially created bodies for this at all levels of government: federal, state local governments (counties, cities, districts, regions and other administrative territorial units).
Thus, the state environmental control system operating in the USA for almost 40 years is quite effective and plays an important role in improving the quality of the environment.
Moreover, unlike state environmental impact assessment or environmental licensing, which perform the monitoring function, monitoring does not perform such a function, monitoring is a passive function of public administration, within which state-power powers, state coercion are not realized.
Russian administrative law distinguishes two types of control activities — control and supervision. Environmental control refers to the activities of authorized entities to verify compliance with and compliance with environmental legislation. Administrative supervision is a specific kind of state control. Its essence is to monitor the implementation of environmental regulations in the field of management. Supervision is carried out in relation to executive authorities, enterprises, public associations and citizens.
Thus, in the sphere of environmental relations at the present stage, the most important is a radical improvement of the environmental situation through the implementation of transformations in social production (for example, the introduction of energy and resource saving technologies), further democratization of society, involvement of young people in the economic and environmental sphere, as well as development and improvement environmental education.
To solve these problems, it is necessary to continue work on the further development of the environmental legislation system, aimed at eliminating the contradictions between its natural resource and environmental standards, and promoting judicial mechanisms for resolving disagreements between the interests of the population, business entities and the state in the field of environmental protection and nature use, ensuring harmonization of environmental legislation in the framework of obligations Uzbekistan under international treaties.
Reference:
- Экологический Вестник, 2008. №
5-6. С.29-30.// Ecological Bulletin, 2008. No.5-6. S.29-30. - Указ Президента Республики Узбекистан в стратегии действий по дальнейшему развитии республики Узбекистан. Ташкент. Адолат, 2017.// Decree of the President of the Republic of Uzbekistan in the strategy for the further development of the Republic of Uzbekistan. Tashkent. Adolat, 2017.
- Парламентские слушания “О состояниях реализации программы действий по охране окружающей среды Республики Узбекистан”. Ташкент, 2018. С. 14.// Parliamentary hearings “On the status of the implementation of the environmental protection program of the Republic of Uzbekistan.” Tashkent, 2018.S. 14.
- Ж.Т.Холмуминов “Экологическое право”. Ташкент, 2002. С. 51// Zh.T. Holmuminov “Environmental Law”. Tashkent, 2002.P. 51
- Закон Республики Узбекистан “Об охране природы” и “Об экологической экспертизе” // www.lex.uz // The Law of the Republic of Uzbekistan “On Environmental Protection” and “On Environmental Expertise” // www.lex.uz
- Постановление Президента Республики Узбекистан от 3 октября 2018 года № ПП-3956 “О дополнительных мерах по совершенствованию системы государственного управления в сфере экологии и охраны окружающей среды” // www.lex.uz //Decree of the President of the Republic of Uzbekistan dated October 3, 2018 No. PP-3956 “On additional measures to improve the public administration system in the field of ecology and environmental protection” // www.lex.uz
- Брославский Л.Н.Государственный экологический контроль в США // Журнал российского права № 4 — 2010. С.106// Broslavsky LN State environmental control in the United States // Journal of Russian Law No. 4 — 2010. P.106