ISSUES OF ECOCIDE DEFINITION IN THE REPUBLIC OF KAZAKHSTAN: COMPARATIVE ANALYSIS WITH THE LEGISLATION OF CENTRAL ASIAN COUNTRIES

Abstract

Effective legal protection of the environment is one of the main priorities not only for the Republic of Kazakhstan, but also for the whole of Central Asia. The author of the article analyzes the main approaches to the definition of ecocide as one of the most serious offenses committed against the environment and being a threat to national security. At the moment, the issue of environmental security is more relevant than ever and is on the agenda of all countries in the region. It is also closely intertwined with the realization of the right to live in a favorable environment. Corresponding or similar norms exist in the legislation of all Central Asian countries, which makes it possible to conduct a comparative legal analysis to identify differences in the approach to the very definition of ecocide and its place in the criminal law of the countries of the region. The author reviewed the definitions and provisions of ecocide in the criminal codes of the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan, the Republic of Turkmenistan, and the Republic of Uzbekistan. The results of the analysis indicate that the norm of ecocide in the Criminal Code of the Republic of Kazakhstan has a relatively similar structure to the corresponding criminal codes of the countries of the region, but differs in the different approaches to defining the elements of the crime. It is also worth noting similar norms in the legislation of the Republic of Uzbekistan. In conclusion, the author proposes an approach to the harmonization of relevant norms in the legislation of Central Asian countries to achieve a common understanding and formulate common approaches to the crime, which is a direct threat to the biosphere.