Problems of legal regulation of natural and natural-anthropogenic complexes with special status

Abstract

The study examines the peculiarities of legal regulation of natural and natural-anthropogenic complexes with special status: specially protected natural areas, ecologically unfavourable territories, recreational zones. A special regime of use and protection has been established for these complexes - they are used to a lesser extent for economic purposes or some of them are completely prohibited from use. Such areas of the territory need restoration, environmental protection measures, need budget financing. The purpose of the study is to analyse the legislation regulating the legal regime of natural and natural-anthropogenic complexes with special status in the Republic of Kazakhstan and to identify problematic issues of their legal regulation. The methodological basis of the study is the modern doctrine of the interaction of the environment and the economy, general scientific methods: analysis, synthesis, comparative-legal, logical, and system methods. The study shows that there are gaps in the environmental legislation of the Republic of Kazakhstan in terms of legal regulation of natural and natural-anthropogenic complexes with special status. Based on the analysis of literary sources and regulations, the authors propose an adjusted definition of the natural complex and a new definition of “natural-anthropogenic complex”. The establishment of a special status for these two types of areas plays an important role in the preservation and restoration of their natural environment. The study came to conclusion about the need for changes and additions to the legislation of the Republic of Kazakhstan in the legal regulation of natural and natural-anthropogenic complexes with special status, development of organizational and legal measures to solve most of the issues of restoring the environment in these areas, the compensation of damage to the state and compensation for damage caused to the population living in the vicinity.