REMEDIATION AS A DIRECTION OF LEGAL PROTECTION OF LANDS

Authors

  • Tamara Makarova
  • Gulnar Dzhabayldaeva

Keywords:

Land protection, remediation, recultivation, damage assessment, land restoration, compensation of damages, compensation of losses, land conservation, land legislation

Abstract

This article is devoted to the issues of improving the legislative regulation in the field of land protection. The authors disclose and justify the relevance of the topic under study, as well as a brief overview of the knowledge of this issue. In particular, the authors investigate remediation as a direction of the legal protection of lands under the legislation of the Republic of Kazakhstan. The experience of the USA and France in the application of remediation to disturbed lands is considered. Such concepts as reclamation, damage assessment and remediation, which together define land restoration, are revealed and compared.

Analyzes the regulatory legal acts governing the reclamation, conservation of land, the economic assessment of damage and identifies the general content of these concepts - the restoration of land to its original state. An interpretation is given to remediation types, such as direct, alternative and compensating. Based on the general approaches to remediation in environmental legislation, the content of this term is justified in order to protect land. Because remediation is applied to a greater extent to land protection, the authors substantiate the need to introduce remediation measures in land legislation, taking into account the peculiarities of land protection and protection as a component of the environment.

The author's formulation of remediation is given in relation to land legal relations, which acts as a cumulative concept encompassing a set of measures for the ecological and economic restoration of land, compensation for harm caused to land as a result of an offense or lawful activity, the size of which is the cost expression of the costs necessary to restore consumer properties land as a natural resource, means of production and object of environmental legal protection. The introduction of this concept into the land legislation of the Republic of Kazakhstan is proposed.

 

Published

30.06.2019

How to Cite

Makarova Т. И., & Dzhabayldaeva . Г. Т. (2019). REMEDIATION AS A DIRECTION OF LEGAL PROTECTION OF LANDS. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 2(56). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/336