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Ponte Academic Journal
Dec 2016, Volume 72, Issue 12

LEGAL RESPONSIBILITY FOR MUDFLOW CONSEQUENCES IN KAZAKHSTAN

Author(s): Assel Dochshanova

J. Ponte - Dec 2016 - Volume 72 - Issue 12
doi: 10.21506/j.ponte.2016.12.29



Abstract:
In terms of the increasing danger of natural hazards, such as mudflows, etc. the issues of legal responsibility and prevention mechanisms for the mudflow harmful consequences are of much importance. In order to define legal guarantees provided for the restoration of harmful consequences in the Republic of Kazakhstan the normative legal acts at different levels and of different areas are analyzed in this paper. The issue of legal responsibility is associated with the presence of the subject by the activity of which the unexpected harmful consequences were infringed. Legal responsibility for mudflow consequences in its essence is not. It is connected with the fact that mudflow is not the result of the direct human actions. So the issue is considered in terms of the compensation for damages. Volumes of compensation for damage caused by mudflow for the personal non-property and property rights and privileges of individuals and companies are established on the basis of normative legal acts with taking into account that the foundations for refusal of state bodies from reimbursement of such losses are provided. Measures of mechanism to prevent mudflows caused by moraine lakes, determined on the basis of studying the results of research, can be used to improve the acting legislation regulating issues of environmental liability.
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