Рroject AP14870596 "Problems of legal regulation of rational use and protection of pasture ecosystems"
1. General information
1.1. «Problems of legal regulation of rational use and protection of pastoral ecosystems».
1.2. Name of the priority direction of development of science for which the application is submitted.
7. Research in the field of social sciences and humanities
1.3. The name of the specialized scientific direction in which the application is submitted, the type of research.
7.1. Fundamental, applied, interdisciplinary research in the field of social sciences: 7.1.4 Research of actual problems of legal and political support of sustainable development of the state, society, economy.
1.4. Estimated start and completion date of the project, its duration in months. July 2022 – December 2024, 30 months
Introductory part
Pastures are the basis of the well–being of the Kazakh society and the agrarian economy of the country. Currently, neither state bodies nor legal science can give unambiguous answers to the pressing issues of this problem, there are no special scientific developments on this problem. The legislation of the Republic of Kazakhstan on pastures itself is at the stage of formation, and the problems of rational use and protection have not received appropriate legal regulation. The legal aspects of the conservation of pasture ecosystems, combating desertification and degradation of pastures have not been studied in terms of their significance for the implementation of the policy of transition to a "green" economy. The development of recommendations for solving urgent legal problems will contribute to the formation of conditions for the sustainable development of "green" agricultural production.
The purpose of the project
The aim of the project is a comprehensive study of the legal problems of rational use and protection of pasture ecosystems in the transition to a "green" economy, the development of scientifically sound theoretical provisions and practical recommendations for the effective implementation of organizational and legal reforms in the field of use and protection of pasture resources, taking into account the international obligations of the Republic of Kazakhstan.
Project objectives
The objectives of the project include:
1. To study the legal nature of pastoral ecosystems, to conduct a conceptual analysis of the legal principles of their rational use and protection with an account of environmental requirements for the use of their natural resources and the impact on the state of the environment. Expected result: theoretical provisions and an analytical note with the justification for ensuring the sustainable development of the use and protection of pasture ecosystems have been developed, scientific articles have been prepared.
2. Analysis of the legal nature of pastures, pasture infrastructure, as an object of rights to land and property, and the legal regime of pasture lands, taking into account their belonging to a particular category of land and the permitted order of their use. Expected result: A draft National Action Plan for the development of animal husbandry and pasture use has been prepared, recommendations for improving civil and land legislation have been prepared.
3. Study of legal problems of the economic mechanism of rational use and protection of pastoral ecosystems in the Republic of Kazakhstan and foreign countries. Expected result: prepared recommendations for the regulation of the payment system for the use and protection of pastureland, and proposals for the improvement of environmental and tax legislation.
4. Analysis of the activities of state and other bodies responsible for the implementation of the Plan for the management of pastoralists and their use, analysis of the legal mechanism for the participation of pastoralists in its implementation. Expected result: practical recommendations for improving the activities of state and other bodies, as well as procedures for the participation of pasture users in the implementation of the Pasture Management Plan.
5. Study of the activities of state bodies in the field of regulation of the relations under consideration, including the activities of law enforcement and judicial bodies in the field of resolving social conflicts and land disputes, ensuring the rights of citizens to access information about the condition and conditions of use of pastures. Expected result: recommendations have been prepared to improve the activities of state bodies, proposals for amendments and additions to the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated July 16, 2007 No. 6. "On some issues of application of land legislation by courts" and in the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated November 25, 2016 No. 8 "On some issues of application by courts of environmental legislation of the Republic of Kazakhstan in civil cases".
6. Conducting a comparative legal analysis of national and foreign legislation, international legal acts in the field of combating desertification and degradation of pastures and livestock development. Expected result: drafts of the Law of the Republic of Kazakhstan "On amendments and additions to the Land Code of the Republic of Kazakhstan, the Environmental Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On Pastures"", the draft Law of the Republic of Kazakhstan "On Animal Husbandry" have been developed.
7. Publication of scientific articles in foreign peer-reviewed scientific journals, monographs, textbooks. Expected results: The results will be reflected in three articles and (or) reviews in peer-reviewed foreign and (or) domestic publications recommended by by the Committee for Control in the Field of Education and Science of the Ministry of Education and Science of the Republic of Kazakhstan. 2 (two) articles or reviews will be published in a peer-reviewed scientific publication indexed in the Social Science Citation Index or the Arts and Humanities Citation Index of the Web of Science database and (or) having a CiteScore percentile in the Scopus database of at least 35 (thirty-five). Two monographs and two textbooks will be prepared and published.
This study will differ favorably from the studies of foreign and domestic authors in this field, in that the legal nature of pasture ecosystems will be investigated,
- the content analysis will be carried out taking into account ecological and legal requirements when using vegetation as a feed resource and the impact of soil and vegetation quality on the vital activity of animals, and ultimately on human life and health.
- Along with this, it will analyze the legal nature of pastures, pasture infrastructure, as an object of rights to land and property.
- The breakthrough result of the project will be the development of a National Action Plan for the development of animal husbandry and pasture use, the preparation of the draft Law of the Republic of Kazakhstan "On Amendments and additions to the Land Code of the Republic of Kazakhstan, the Environmental Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan «On Pastures»,
- the preparation of the draft Law of the Republic of Kazakhstan «On Animal Husbandry», as well as the preparation of proposals for amendments and additions to the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated July 16, 2007 No. 6. «On some issues of application of land legislation by courts» and in the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated November 25, 2016 No. 8 «On some issues of application by courts of environmental legislation of the Republic of Kazakhstan in civil cases» .
The members of the research group of the project are experienced scientists in this field of research who have prepared dissertation research of a scientific and theoretical nature, which reflected individual (author's) research approaches aimed at solving practical problems. This ensures compliance with the principles of scientific ethics, that is, maintaining high standards of intellectual integrity and excluding the receipt of false data, falsification, plagiarism, false co-authorship, use by individual members of collective data and conclusions without the consent of other parties. Monthly meetings with the participation of all project participants will be held to monitor compliance with scientific ethics in the project. During the meetings, progress in the implementation of the project, including ethical issues, will be discussed. Each project participant will submit a weekly report to the project manager.
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Yerkinbayeva Lazzat Kallymbekovna Doctor of Law, Professor Project Manager Chief Researcher
Carries out the overall management of the project, conducts research and makes appropriate recommendations within the framework of the project. Participates in the development of regulatory legal acts
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Nurmukhankyzy Dania, Doctor of Philosophy (PhD) in the specialty "Jurisprudence", Associate Professor Leading researcher. Conducts scientific research on individual tasks of the project. Develops proposals for this project, develops a draft law, publishes articles, helps in writing a section of a monograph and a textbook on this topic
Hi index (Scopus)– 3 ResearcherID http://www.researcherid.com/rid/P-4529-2017 ORCID https://orcid.org/0000-0003-3817-1975?lang=ru
Scopus Author ID https://www.scopus.com/authid/detail.uri?authorId=56677820100
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Kalymbek Bakytzhan (Jurisprudence of Al-Farabi Kazakh National University, 1999 Candidate of Law
Leading Researcher Conducts scientific research on individual project tasks under the guidance of a responsible project manager. Develops proposals for this project, develops a draft law and a concept, publishes articles, helps in writing a section of a monograph and a textbook on this topic.
Hi index (Scopus) – 3 https://www.scopus.com/authid/detail.uri?authorId=55776292000 |
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Yerezhepkyzy Roza Doctor of Philosophy (PhD) in the specialty "Jurisprudence" Leading researcher. Conducts scientific research on individual tasks of the project. Develops proposals for this project, develops a draft law, publishes articles, helps in writing a section of a monograph and a textbook on this topic. Hi index (Scopus)– 2 Scopus Author ID https://www.scopus.com/authid/detail.uri?authorId=56127778900 |
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Ozenbayeva Aigerim Doctor of Philosophy (PhD) in the specialty "Jurisprudence" Senior Researcher Conducts research on individual tasks of the project. Develops proposals for this project, develops a draft law, publishes articles, helps in writing a section of a monograph and a textbook on this topic. Hi index (Scopus)– 3 ORCID https://orcid.org/0000-0002-0703-3599 Scopus Author ID https://www.scopus.com/authid/detail.uri?authorId=56770061300 |
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Bekezhanov Dauren Senior Researcher Will carry out research on the legal problems of the economic mechanism of rational use and protection of pasture ecosystems in the Republic of Kazakhstan and foreign countries. Hi index (Scopus)– 3 ORCID https://orcid.org/%200000-0001-9858-841X Scopus Author ID https://www.scopus.com/authid/detail.uri?authorId=57197815938 |
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Indira Nessipbayeva Junior Researcher Doctorate student of law and economics faculty of Zhetysu University named after Ilyas Zhansugurov Scopus Author Email nesipbaeva83@bk.ru |
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Kuandykova Elvira Serikbayevna Junior research assistant |
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Implementation work plan
1. Publication of scientific articles in foreign peer-reviewed scientific journals, monographs, textbooks. Expected results: The results will be reflected in three articles and (or) reviews in peer-reviewed foreign and (or) domestic publications recommended by COXON. 2 (two) articles or reviews will be published in a peer-reviewed scientific publication indexed in the Social Science Citation Index or the Arts and Humanities Citation Index of the Web of Science database and (or) having a CiteScore percentile in the Scopus database of at least 35 (thirty-five). Two monographs and two textbooks will be prepared and published.
№ п/п |
Name of tasks and measures for their implementation |
Due date |
Expected results of the project (in terms of tasks and activities), the form of completion |
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Beginning (month) |
Ending (month) |
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2022 |
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1 |
To study the legal nature of pastoral ecosystems, to conduct a conceptual analysis of the legal principles of their rational use and protection with an account of environmental requirements for the use of their natural resources and the impact on the state of the environment |
July 2022 |
November 2022 |
Theoretical provisions and an analytical note have been developed to substantiate the sustainable development of the use and protection of pastures in the Republic of Kazakhstan, the preparation of scientific articles. |
2 |
Analysis of the legal nature of pastures, pasture infrastructure, as an object of rights to land and property, and the legal regime of pasture lands, taking into account their belonging to a particular category of land and the permitted order of their use |
July 2022 |
November 2022 |
A draft National Action Plan for the development of animal husbandry and pasture use has been prepared, recommendations for improving civil and land legislation have been prepared.
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3 |
Publication of a scientific article in peer-reviewed scientific journals, a textbook |
July 2022 |
November 2022 |
1 (one) article and (or) review will be published in peer-reviewed foreign and (or) domestic publications recommended by by the Committee for Control in the Field of Education and Science of the Ministry of Education and Science of the Republic of Kazakhstan 1 tutorial will be published. |
2023 year |
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44 |
Research of legal problems of the economic mechanism of rational use and protection of pasture ecosystems in Kazakhstan and foreign countries..
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January 2023 |
November 2023 |
Recommendations have been prepared on regulating the system of payments for the use and protection of pasture resources, and proposals for improving environmental and tax legislation. |
5 |
Analysis of the activities of state and other bodies responsible for the implementation of the Plan for the management of pastoralists and their use, analysis of the legal mechanism for the participation of pastoralists in its implementation |
January 2023 |
November 2023 |
Practical recommendations for improving the activities of state and other bodies, as well as procedures for the participation of pasture users in the implementation of the Pasture Management Plan. |
7 6 |
Publication of scientific articles in peer-reviewed scientific journals, monographs |
|
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1 (one) article and (or) review will be published in peer-reviewed foreign and (or) domestic publications recommended by by the Committee for Control in the Field of Education and Science of the Ministry of Education and Science of the Republic of Kazakhstan. 1 (one) article or review will be published in a peer-reviewed scientific publication indexed in the Social Science Citation Index or the Arts and Humanities Citation Index of the Web of Science database and (or) having a CiteScore percentile in the Scopus database of at least 35 (thirty-five). One monograph will be published. |
2024 год |
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7 |
The study of the activities of state bodies in the field of regulation of the relations under consideration, including the activities of law enforcement and judicial bodies in the field of resolving social conflicts and land disputes, ensuring the rights of citizens to access information about the condition and conditions of use of pastures. |
January 2024 |
November 2024 |
Recommendations have been prepared to improve the activities of state bodies, proposals for amendments and additions to the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated July 16, 2007 No. 6. "On some issues of application of land legislation by courts" and to the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated November 25, 2016 No. 8 "On some issues of application by courts of environmental legislation legislation of the Republic of Kazakhstan on civil cases". |
8 |
Conducting a comparative legal analysis of national and foreign legislation, international legal acts in the field of combating desertification and degradation of pastures and livestock development. |
January 2024 |
November 2024 |
Drafts of the Law of the Republic of Kazakhstan "On amendments and additions to the Land Code of the Republic of Kazakhstan, the Environmental Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On Pastures"", the draft Law of the Republic of Kazakhstan "On Animal Husbandry" have been developed. |
9 |
Publication of scientific articles in peer-reviewed scientific journals, monographs, textbooks |
Январь 2024 |
Ноябрь 2024 |
1 (one) article and (or) review will be published in peer-reviewed foreign and (or) domestic publications recommended by by the Committee for Control in the Field of Education and Science of the Ministry of Education and Science of the Republic of Kazakhstan. 1 (one) article or review will be published in a peer-reviewed scientific publication indexed in the Social Science Citation Index or the Arts and Humanities Citation Index of the Web of Science database and (or) having a CiteScore percentile in the Scopus database of at least 35 (thirty-five). One monograph and one textbook will be published. |