of October 17, 2024 No. 27
About some questions of application of the legislation by consideration by courts of the civil cases connected with environmental protection
The nature and its components are property of the Kyrgyz Republic, one of major factors of its sustainable social and economic development.
The ecological safety as component of homeland security of the state, is basis of preserving natural ecosystems and maintenance of the corresponding quality of the environment.
Complex bases of development of policy of environmental protection are aimed at providing sustainable human development. This principle is enshrined in article 49 of the Constitution of the Kyrgyz Republic according to which everyone has the right to the ecological circle, favorable for life and health. Everyone has the right to indemnification, caused to health or property by actions in the field of environmental management. At the same time, everyone shall protect and make thrifty use of the surrounding environment, plant and animal life.
The stated constitutional provision provides that effective application of the legislation on environmental protection, and also ensuring realization of the rights of citizens to the environment, favorable for their life and health, is obligation of authorized state bodies.
For the purpose of the correct and uniform application of the legislation by courts on the specified category of cases, the Plenum of the Supreme Court of the Kyrgyz Republic, being guided by requirements of part 2 of article 98 of the Constitution of the Kyrgyz Republic, article 18 of the Constitutional law of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts", decides:
1. By consideration of civil cases on the disputes connected with violation of the law in the field of environmental protection and environmental management to be guided by the laws and other regulatory legal acts of the Kyrgyz Republic, and also international treaties in the field of environmental protection.
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