Thu, 10/26/2017 - 18:49
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Хат жолдау
The Astana city court held a regional seminar to discuss the jurisprudence of applying environmental legislation and the Civil Procedure Code.
The Judge of the Supreme Court BeibutShermukhametov, judges of the capital courts, representatives of the Prosecutor's Office, the Ministries of Justice, Finance, Energy, the Department of Ecology, the Republican Chamber of Entrepreneurs "Atameken", academies of justice and law enforcement bodies, oil companies and lawyers took part in the seminar.
Speaking at the opening of the seminar, the chairman of the judicial board for criminal cases of the Astana city courtAlma Essymovapointed to the need to clarify the application of the law provisions on objects and subjects of the environmental use rights.
B.Shermukhametovdwelledon the topical issues of the application of environmental legislation in judicial practice in accordance with a comprehensive legislative act regulating public relations in the environmental sphere in detailsat the first session.
The judge of the city court MarashManabaeva explained some questions of the application of the Civil Procedure Codein the secondsession. According to the judge, the adoption of the new CPC stipulates the introduction of amendment and additions to the rulling of the Supreme Court "On the application of legislation on judicial civil cases costsby the courts of the Republic of Kazakhstan". The issues of distribution of court costs during the consideration of the case in a simplified procedure were discussed.
The participants of the seminar discussed the peculiarities of consideration of disputes on this category, the issues of compensation for damage caused to the environment, the procedure for submission of environmental permits for the use of nature, licensing of activities in the field of environmental protection, environmental regulation, technical regulation and environmental impact assessment. Particular attention was paid to the discussion of the environmental offense and the responsibility for it, the economic evaluation of damage to the environment.
Representatives of the Regionalakimat, environmental prosecutor's office, departments of ecology and state revenues, the Committeon Regulation of Natural Monopolies, Protection of Competition and Consumer Rights, the branch of the National Chamber of Entrepreneurs, the Bar Association,representatives of small and medium-sized businessesand other state institutions handling the control in the region in the sphere of environmental protection, participated in the work of the seminar in the West Kazakhstan regional court.
The head of the regional court BekAmetov speaking noted that West Kazakhstan Region is one of the major industrialized centers of the country and therefore the situations of lawviolation of s in the field of ecology arise constantly and everywhere. He recalled that the Constitution enshrines the right of a favorable environmentto every citizen, stressed the importance of implementing both national and international legal regimes in dealing with cases in the field of ecology.
In their speeches the judges of the specialized administrative court and court No. 2 of Uralsk Botagoz Nurmagambetov and Flora Saparova described the peculiarities of the application of environmental legislation.
In her speech the judge of the court № 2 of Uralsk F.Saparova noted that the new CPC optimizes and raises efficiency of consideration of civil cases by courts, stimulates transparency and accessibility of the Kazakhstan justice system. The judge explained the procedure for calculating court costs, which include the state fee, their return, the distribution of court costs between the parties, noting at the last that the party in favor of which the decision was taken, the court adjudges the other party all the legal costs incurred in the cases. In case the claim is satisfied in part, the costs are awarded to the plaintiff in proportion to the amount of claims satisfied by the court, and the defendant is adjudged that part of the claim in proportion in which the plaintiff was denied.
During the seminar the reports by the head of the department of environmental regulation and control Zh. Izbulatova and the chief specialist of the department of state environmental control A. Zhumashev, the lawyer of the Bar Association A.Kuspanwere also heard.
Based on the results of the work the relevant recommendations taking into account the opinions and suggestions of the seminar participantswere developed.
