Environmental Legislation Enforcement Guidelines, Procedures, and Policy in the Kyrgyz Republic

1. Environmental Legislation Enforcement Guidelines, Procedures, and Policy in the Kyrgyz Republic

1.1 Introduction

Currently the basic legislative documents in the field of Environmental Impact Assessment (EIA) and Ecological Expertise (EE) in the Kyrgyz Republic are:

• 
  Law of the Kyrgyz Republic On Environmental Protection as of June 16, 1999;
  
• 
  Law of the Kyrgyz Republic on Ecological Expertise as of June 16, 1999;
  
• 
  Instruction On Order of Implementing Environmental Impact Assessment (EIA) in the Kyrgyz Republic (approved by the Ministry of Environmental Protection as of June 27, 1997);
  
• 
  Instruction On Order of Implementing State Ecological Expertise of Pre-project, Project and Other materials and Documents in the Kyrgyz Republic (approved by the Ministry of Environmental Protection as of September 3, 1997).
  

The *Law of the Kyrgyz Republic on Environmental Protection as of June 16, 1999 (1) must be especially emphasized among the existing legislative acts. It defines standards related to the citizens’ rights to a healthy and agreeable environment, and determines the economic mechanism and basic principles of environmental protection.

• 
  Priority principle: securing observation of human rights to the environment favorable for life, work and recreation, and supporting human life and health;
  

• 
  Balance principle: preservation of ecosystems’ sustainability, observation of environmental protection rules while accomplishing economic and other activity; reproduction of natural resources, and avoidance of irreversible environmental and health impacts;
  

• 
  Complexity principle: harmonious, scientifically sound combination of society’s environmental, economic, and social interests, complex solutions to resource preservation and environmental protection problems;
  

• 
  Containment principle: norm-setting, compulsory environmental assessment, eligibility and restriction of environmental impacts of economic and other activities;
  

• 
  Responsibility principles: strict observation of environmental legislation requirements, strong responsibility for violation of the legislation, reimbursement of damage to the environment made by enterprises, institutions, organizations, economies, and citizens;
  

• 
  Transparency principle: publicity in managing environmental issues of economic and other activities capable of having negative effects to the environment, close cooperation with public organizations and population, encouragement and promotion of measures aimed at environmental protection and rational use of natural resources, combination of national, regional and international interests in the field of environmental protection.
  

The Law On Ecological Expertise (EE) regulates relationships in the field of ecological expertise in more detAiyl and is fully devoted to this issue. Section 1 of the Law provides for EE objectives and objects. EE principles are based on mandatory requirement, presumption of environmental safety, complexity, information trustworthiness, independence and transparency (Article 4). Article 5 states that both State Ecological Expertise (SEE) and the Public Expertise shall be carried out when necessary..

• 
  EIA’s sphere of application;
  
• 
  EIA initiation and procedure;
  
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  Responsibilities and liabilities of EIA participants;
  
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  Presentation of the EIA results;
  
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  Public hearings procedures.
  

The Instruction On Order of SEE Implementation is developed with an aim to establish a unified order of SEE implementation for pre-project and project materials and documents on installations and types of activities of any operational purpose, being implemented within the boundaries of the Kyrgyz Republic. The Instruction sets forth requirements to composition, content, and design of materials submitted for SEE, as well as an order of arranging activities of SEE bodies of the Ministry of Ecology and Emergencies of the Kyrgyz Republic. The Instruction is intended for practical application by expert bodies, and can be used by developers of pre-project and project materials, and initiators of economic or other activity.

1.2 Laws

During the past four years (1999 - 2003) legislative acts on regulation of environmental relations and environment and nature protection were significantly updated and improved reflecting the state’s environmental policy. Among the most important legislative acts are:

• 
  Law of the Kyrgyz Republic On Wild Life as of June 17, 1999;
  
• 
  Law On Atmospheric Air Protection as of June 12, 1999;
  
• 
  Law On Biosphere Territories as of June 9, 1999;
  
• 
  Law On Protection and Use of Plants as of June 20, 2001;
  
• 
  Law On Industrial Waste as of November 13, 2001.
  

From the perspective of securing environmental safety the following laws are also considered to be relevant:

• 
  Law On Protection of Population in case of Emergency Situations as of February 24, 2000;
  
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  Law On Radiological Safety of Population as of June 17, 1999;
  
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  Law On Drinking Water as of March 25, 1999;
  
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  Law On Sanitary and Epidemiological Well-being of Population as of April 17, 2000;
  
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  Law On Radioactive Waste Treatment as of February 12, 2001;
  
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  Law On Mining Waste TAiylings and Heaps as of June 26, 2001;
  
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  Law On Interstate Use of Water Objects, Water Resources and Water Facilities as of July 23, 2001;
  
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  Law On Agricultural Land Management as of January 11, 2001;
  
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  Law On Unions (Associations) of Water Users as of March 15, 2002;
  
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  Law On Mineral Resources Sharing Agreements as of April 10, 2002;
  
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  Law on Mountainous Territories as of November 1, 2002;
  
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  Law on Biodiversity Preservation Strategy as of August 3, 2002;
  
• 
  Land Code of the Kyrgyz Republic as of June 2, 1999; and
  
• 
  Forestry Code of the Kyrgyz Republic as of July 8, 1999.
  

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