Administrative-legal provision of veterinary-sanitary safety in the Republic of Kazakhstan

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Faculty Maqsut Narikbayev University Astana

Administrative-Legal Provision of Veterinary-Sanitary Safety in the Republic of Kazakhstan

Nafossatkhon B. Davronbekova -- Second-year Master's student Law

Kazakhstan



Анотація

Стаття розглядає питання регулювання ветеринарно-санітарної безпеки в Республіці Казахстан. Особливу увагу приділяється визначенню правової природи норм, що регулюють цю сферу, та еволюції нормативного регулювання з моменту його створення. Автор систематизує всі нормативно-правові акти, що забезпечують ветеринарно-санітарну безпеку, організовуючи їх за ієрархією, утворюючи таку структуру з 6 рівнями. Більш того, у статті описуються проблеми нормативного регулювання цієї сфери, які характеризуються правовою неозначеністю, наявністю оцінкових понять, не відповідністю норм національного права міжнародним стандартам, відсутністю правового регулювання з деяких питань.

Ключові слова: ветеринарно-санітарна безпека, публічно-правова природа, нормативне регулювання, система нормативно-правових актів, Кодекс здоров'я наземних тварин.



Abstract

This article addresses the regulatory issues pertaining to veterinary-sanitary safety in the Republic of Kazakhstan. Considering Kazakhstan's pivotal role as a major exporter of livestock products, ensuring veterinary-sanitary safety is of paramount importance, given its implications for the country's economy and public health. The author begins by evaluating the concept of "veterinary-sanitary safety," analyzing the notions of "veterinary safety" and "sanitary safety" separately. Additionally, the author compares the concepts of "veterinary-sanitary safety," "food safety," "environmental safety," and "national security," identifying key similarities and differences. A crucial aspect is the determination of the public law nature of legal norms regulating veterinary-sanitary safety, which subsequently led to the recognition of veterinary-sanitary safety law as a branch of Special Administrative Law, defining its principal institutions such as identification, seizure, licensing, vaccination, and quarantine. Further analysis focuses on describing the evolution of regulatory norms for veterinary- sanitary safety in Kazakhstan from their inception to the present. The author systematizes all regulatory legal acts ensuring veterinary-sanitary safety, organizing them hierarchically into a structure consisting of six levels. Moreover, the article discusses issues in the regulatory framework of this sphere, characterized by legal uncertainty, the presence of evaluative concepts, non-compliance of national laws with international standards, and the absence of legal regulation for certain issues. In particular, the legislation of the Republic of Kazakhstan was analyzed from the perspective of compliance with the Terrestrial Animal Health Code developed by the World Organization for Animal Health.

Keywords: veterinary-sanitary safety, public law nature, legal regulation, system of regulatory legal acts, Terrestrial Animal Health Code.



Issue

The field of veterinary medicine is particularly important for our state, as the animal world of Kazakhstan is very diverse. In 2020, there were over 30 million head of livestock alone, [1] with a tendency for annual increases in livestock numbers. These circumstances necessitate a detailed examination of the veterinary-sanitary safety sphere as a whole, including from scientific and legal perspectives, as they form the basis for the development of this industry.

Analysis of the recent researches and publications

The issues of ensuring veterinary-sanitary safety were investigated by B. Kalymbek, A. Smirnov, V. Svetlichkin, I. Dmitrenko, and A. Sapozhnikov. The works of R. Melnik and R. Podoprigora were analyzed to determine the legal nature of veterinary-sanitary safety.

Unsolved problems

As of today, the issue of the place of veterinary-sanitary safety law within the legal system remains unresolved. The existing regulatory legal acts in this field are also not systematized. Furthermore, the regulatory framework of veterinary-sanitary safety contains several deficiencies that need to be addressed in accordance with international standards.

Purposes

The article aims to investigate the following issues:

Analysis of the concept of "veterinary-sanitary safety";

Identification of veterinary-sanitary safety law as a branch of Special Administrative Law;

Systematization of regulatory legal acts regulating the field of veterinary-sanitary safety;

Identification of problems in the regulatory framework of veterinary-sanitary safety.

The main body. Concept of Veterinary Medicine and Veterinary-sanitary safety. For detailed analysis, it is first necessary to define what is meant by "veterinary medicine" and "veterinary- sanitary safety".

The earliest mentions of veterinary medicine date back to Ancient Egypt in the 4th century BCE, which further confirms the significance of this field. [2, p.56] Documents from that period mention animal diseases, their treatment, and even their mental well-being and welfare. [2, p.56] It is worth noting that the concept of veterinary medicine emerged in the Republic of Kazakhstan in 2002 with the adoption of the Law of the Republic of Kazakhstan "On Veterinary Medicine" dated July 10, 2002 (hereinafter - the Law). In the previously effective Presidential Decree of the Republic of Kazakhstan, having the force of law, dated July 25, 1995 (hereinafter - the Decree), the concept of veterinary medicine, as well as the concept of veterinary-sanitary safety, was absent.

To this day, the basis for the formation of the concept of veterinary medicine remains the health of animals. Thus, according to Article 1, paragraph 6 of the Law, veterinary medicine, or the field of veterinary medicine, is understood as a field of specialized scientific knowledge and practical activity aimed at studying diseases and food poisoning (injuries) of animals, their prevention, diagnosis, treatment, and elimination, ensuring compliance of objects of state veterinary-sanitary control and supervision with the legislation of the Republic of Kazakhstan in the field of veterinary medicine, as well as protecting the population from diseases common to animals and humans. [3] From this concept, it follows that the main tasks of veterinary medicine in the Republic of

Kazakhstan are ensuring the health of animals, the safety of objects of state veterinary-sanitary control, and the prevention of diseases.

Achievement of the tasks mentioned above is ensured, inter alia, by guaranteeing veterinary-sanitary safety.

A distinctive feature of Kazakhstani legislation is that the Law operates specifically with the category of "veterinary-sanitary safety," rather than the concept of "veterinary safety," as is often encountered in the legislation of other countries (for example, the Law of the Russian Federation "On Veterinary Medicine" dated May 14, 1993). From this, it follows that the term "veterinary-sanitary safety" simultaneously encompasses two concepts: "veterinary safety" and "sanitary safety."

Considering the concept of veterinary medicine, it can be concluded that veterinary safety covers only the safe condition of animals and factors affecting animal health. Sanitary safety, on the other hand, implies the absence of negative effects of environmental factors on favorable living conditions. [4] Therefore, the concept of veterinary-sanitary safety was introduced in order to cover not only animals but also any other objects that may act as carriers of diseases.

The relevant Law provides the following definition of this term: veterinary-sanitary safety is the condition of objects of state veterinary-sanitary control and supervision, ensuring the health of animals, food safety of animal products and raw materials, veterinary-sanitary well-being of the territory, protection of the population from diseases common to animals and humans, as well as compliance of objects of state veterinary-sanitary control and supervision with the legislation of the Republic of Kazakhstan in the field of veterinary medicine. [3]

It is necessary to note that objects of state veterinary-sanitary control and supervision include not only animals. The list of these objects, specified in Article 15 of the Law, is closed and includes a total of 13 objects that directly or indirectly may be the primary causes, agents, or carriers of diseases, or the disruption of whose activities may lead to circumstances dangerous for veterinary-sanitary safety. Despite the fact that the legislator has covered the majority of objects, the closed nature of this list still has a negative impact on veterinary-sanitary safety. For example, the question of whether animal waste intended for disposal is included in this list remains unresolved. Thus, there is a risk that this list may not encompass all objects of state veterinary-sanitary control and supervision.

Correlation of the Concept of Veterinary- sanitary safety with Safety Concepts in Other Sectors. Considering that objects of state veterinary- sanitary control and supervision include not only animals but also, for example, animal products, bio- thermal pits, state veterinary organizations, and others, positions of scientists emerge regarding the close relationship of veterinary-sanitary safety with safety in other sectors.

B. Kalymbek asserts that the concept of veterinary-sanitary safety cannot be considered in isolation from such concepts as "food safety" and "environmental safety". [5, p. 147] The reason for considering these terms together is that they share a common object - the health of animals and humans, which are interconnected. [5] Moreover, all the aforementioned concepts are components of national security in the Republic of Kazakhstan.

Currently, the concept of "food security" is enshrined in the Law of the Republic of Kazakhstan dated January 6, 2012, No. 527-IV "On National Security of the Republic of Kazakhstan" in the following edition: food security envisages the state of protection of the economy, including the Agro-Industrial complex, whereby the state is capable of providing physical and economic accessibility for the population to quality and safe food products, sufficient to meet physiological consumption norms and demographic growth. [6] Therefore, food security implies ensuring access, primarily, to safe food products, including those of animal origin. In this regard, the threat to veterinary-sanitary safety may automatically be interpreted as a threat to food security.

There is also an opinion regarding veterinary- sanitary safety being part of environmental safety. [7, p.51] In accordance with paragraph 6 of Article 4 of the Law "On National Security of the Republic of Kazakhstan" environmental safety is the state of protection of vital interests and rights of humans and citizens, society, and the state from threats arising from anthropogenic and natural impacts on the environment. [6] One of such threats, in turn, is the threat of epidemics and epizootics resulting from animal diseases.

Alongside the interrelations described above, which were established based on national legislation, the position of the Ukrainian scientist I.M. Dmytrenko also attracts attention, who, in turn, discusses the biosecurity of objects under veterinary- sanitary control and supervision. According to him, it encompasses the safety of food products and the health status of animals, where the risk of epidemics is absent. [8, p.232]

In our view, this position directly demonstrates the connection between veterinary-sanitary safety and national security, as it includes aspects of food and environmental safety, which are among its components.

Therefore, all the aforementioned confirms the fact that veterinary-sanitary safety indirectly constitutes a part of the national security of the Republic of Kazakhstan, the provision of which is one of the state's obligations.

Issues Regarding the Legal Nature of Norms Regulating Veterinary-sanitary safety.

Veterinary-sanitary safety represent a complex set of state measures and activities that require proper legal regulation. This arises, among other things, from Article 3, paragraph 4 of the Constitution, which states that state power in the Republic of Kazakhstan, including in the sphere of ensuring veterinary-sanitary safety, is exercised on the basis of the Constitution and laws. [9]

It is evident that different types of relationships will be regulated by norms of different legal nature. In this regard, there is a need to classify norms, including those that form the basis for ensuring veterinary-sanitary safety.

To address this task, we propose paying attention to concepts such as private and public law.

Private law protects and defends private (individual) interests in accordance with the principles of freedom and equality of all subjects. [10, p.38] Whereas public law refers to the regulation of the structure (how they are created) and functioning (how they operate) primarily of public authorities, as well as other entities (for example, subjects of delegated powers) that must ensure the satisfaction of public interests. [10, p.38] In turn, in the field of public law, administrative legal norms operate, characterized as mandatory rules of conduct established and protected by the state in the sphere of the implementation of public power by executive bodies and other bodies of state administration. [11]

Certainly, we must understand that, first and foremost, this is a theoretical construct. However, the applicable regulatory acts will be comprehensive in their content because it is necessary for the legislator to ensure the systematic regulation. For these purposes, it is necessary for norms of different legal nature, both public and private law, to act simultaneously.

Accordingly, those legal norms used in the field of veterinary-sanitary safety will be recognized as public if they meet the following conditions:

Such norms have an imperative character (predominantly);

They are established by the state to achieve and implement public interests;

An administrative body is one of the parties to the legal relations regulated by such norms.

Applying these criteria to the legal norms ensuring veterinary-sanitary safety, it can be conclusively concluded that the majority of them have a public-law nature. Let's consider the aforementioned with the following example. According to Article 30 of the Law, animals, products, and raw materials of animal origin posing a danger to the health of animals and humans, depending on the degree of their danger, are subject to compulsory seizure and destruction or compulsory neutralization (disinfection) and processing without seizure, in accordance with the procedure established by the authorized body. [3]

Based on the analysis of this norm, it can be concluded that: 1) the norm has an imperative character, as the seizure of animals, products, and raw materials of animal origin is mandatory in case of a health hazard; 2) this norm is contained in the Law, which was adopted by the Parliament of the Republic of Kazakhstan with the aim of protecting the health of animals and humans; 3) according to paragraph 14 of the Rules on the compulsory seizure and destruction of animals, products, and raw materials of animal origin posing a danger to the health of animals and humans, or their compulsory neutralization (disinfection) and processing without seizure, identification is carried out by state veterinary organizations, [12] thus, an administrative body is one of the parties to the legal relations. Therefore, it follows that this norm, used in the field of veterinary-sanitary safety, is public-law.

The conclusion regarding the admissibility of classifying legal norms regulating veterinary-sanitary safety issues as public law is supported by the experience of foreign countries, particularly Germany. Veterinary-sanitary safety in this state is encompassed by the concept of animal welfare, the provision of which, according to Article 20a of the German Constitution, is one of the state goals. [13] Therefore, German authors have concluded that legal norms regulating veterinary-sanitary safety issues should be placed within the framework of administrative law, forming a separate branch of "animal world law". [14]

For further clarification of the place of public-law norms regulating veterinary-sanitary safety in the system of national law, it is necessary to analyze the system of administrative law. Currently, the recognized position is that administrative law is formed by two major categories: General Administrative Law and Special Administrative Law. [15, p.81]

The system of Special Administrative Law includes branches such as administrative-economic law, police law, financial law, transport law, etc. [15, p.81] It is worth noting that this list is not exhaustive, and other specialized branches may be identified within it. We believe that one of these branches could be the law of veterinary-sanitary safety. Let's delve into this aspect further.

In this regard, attention should be drawn to the scientific position of R. Melnik, who indicates that the following categories should be used to characterize the legal system:

Norm of administrative law;

Institute of administrative law;

Branch of Special Administrative Law. [15, p.75]

According to the definition, the branch of Special Administrative Law is a set of norms of administrative law and institutes of administrative law, connected by a common goal of legal regulation. [15, p.75] Therefore, in order to identify veterinary-sanitary safety law as an independent element of Special Administrative Law, the following conditions must be met: there must be norms of public law nature, which can be grouped into separate institutes, and such a set of norms must be aimed at solving a comprehensive task (achieving a goal) in the field of public administration.

We believe that the mentioned conditions are fully met. Thus, 1) the existing legal acts (further details will be discussed below) contain a large number of diverse legal norms of public law nature; 2) through such norms, the following institutes are formed: identification, confiscation, licensing, vaccination, quarantine, etc.; 3) all these norms and institutes are aimed at protecting the health of animals and humans, as well as ensuring the safety of animal products; 4) this direction of activity of relevant authorities forms a separate function in the field of public administration, which can be confirmed by the creation and functioning of central authorities entrusted with these tasks.

Firstly, veterinary legislation of Kazakhstan includes legal norms regulating the activities of state bodies in the veterinary field, aimed at achieving the tasks set by the Law, except for relations arising within the entrepreneurial activities of individuals and legal entities.

Secondly, the right to veterinary-sanitary safety contains institutes of administrative law. Such institutes are characterized by a group of norms regulating homogeneous or similar groups of social relations. [15, p.75] Therefore, the set of norms regulating animal identification, confiscation and destruction procedures, vaccination, quarantine, forms institutes of veterinary-sanitary safety.

Thirdly, the common goal of legal regulation of veterinary-sanitary safety law is to regulate the activities of administrative bodies carrying out functions of state control and supervision in order to ensure compliance of objects of state veterinary control and supervision with legislative requirements and to prevent animal and human diseases.

Thus, it can be concluded that the relations related to ensuring veterinary-sanitary safety in Kazakhstan are regulated by norms of public law (administrative law) nature, which, in turn, form a separate legal branch within the framework of Special Administrative Law - the law of veterinary-sanitary safety.

History of Regulatory Legal Acts Creation Regarding Veterinary-Sanitary Safety. Attempts to regulate the sphere of veterinary-sanitary safety were undertaken as early as 1995 with the issuance of the Presidential Decree "On Veterinary Medicine". [16] However, an analysis of this document reveals that it did not contain the concept of veterinary-sanitary safety.

The Decree employed the term "safety", as found in Article 9, which addressed the need to ensure the safety of animal products and raw materials. [16] Additionally, the Decree utilized the term "protection" in the context of safeguarding human and animal health and protecting the state's territory from the spread of infectious diseases. However, the corresponding provisions did not establish rules for veterinary-sanitary safety that all participants in veterinary relations were required to observe. The absence of such rules at the regulatory level led to certain problems, including insufficient control over the safety of relevant objects.

The situation improved with the adoption of the Law, which introduced the concept of "veterinary-sanitary safety". In the original version of the Law, veterinary-sanitary safety was understood as the condition of objects under state veterinary supervision that posed no danger to the health of animals and humans under normal conditions of use. [3] However, this definition was imprecise as it contained evaluative categories and applied only to the health of animals and humans, resulting in low levels of veterinary-sanitary safety. For example, terms such as "danger" and "normal conditions of use" required further interpretation, and it was possible that different administrative authorities applied these terms differently due to the lack of sufficient legal certainty.

Moreover, unlike the old concept, the current notion of safety also encompasses the safety of products, territories, and protection against diseases. Therefore, it can be concluded that the changes made to this norm were necessary and justified, contributing to the improvement of veterinary-sanitary safety in the country.

Despite the absence of norms aimed at regulating veterinary-sanitary safety, which includes the safety of food products, in the Decree, such regulation was implemented in the Law of the Republic of Kazakhstan "On Sanitary and Epidemiological Wellbeing of the Population". In particular, Article 43 of the mentioned Law established a requirement to comply with sanitary rules and norms in any interaction with food products. [17] Later, on September 18, 2009, this Law ceased to be in force, which was associated with the entry into force of the Code of the Republic of Kazakhstan "On People's Health and Healthcare System" (ceased to be in force by the Code of the Republic of Kazakhstan of July 7, 2020), which, however, lacked requirements regarding food products. This was due to the fact that such requirements were already covered by the introduced concept of "veterinary-sanitary safety".

Thus, it can be concluded that the legislation of the Republic of Kazakhstan in recent years has undergone changes aimed at improving the legal regulation of veterinary-sanitary safety.

Regulatory Legal Acts System in the Field of Veterinary-Sanitary Safety. Regulation of the veterinary-sanitary safety sphere is carried out through a system of regulatory legal acts.

To ensure the integrity of the analysis of regulatory legal acts, which constitute the subject of our research, we propose to systematize them based on the legal force of the latter. As a guideline for performing this task, we will use the Law of the Republic of Kazakhstan "On Legal Acts", which lays down the basics of the legal subordination of regulatory legal acts.

For the systematization of regulatory legal acts, the levels of regulatory legal acts established by Article 10 of the Law of the Republic of Kazakhstan "On Legal Acts" will be used. Due to the absence of certain types of regulatory legal acts in the field of veterinary-sanitary safety, some levels of the hierarchy will be left without analysis.

According to paragraph 1 of Article 10 of the Law of the Republic of Kazakhstan "On Legal Acts", the highest legal force is possessed by the Constitution of the Republic of Kazakhstan. [18]

Analysis of the Constitution shows that it contains a norm according to which the state's goal is to protect the environment favorable for life and health of a person. [9] Environmental protection, which also includes the animal world, implies protection from external negative influences, and favor- ability includes protection of humans from diseases transmitted from animals or animal products. However, the Constitution of the Republic of Kazakhstan lacks a norm that would directly provide for the obligation to protect animals. In this regard, it should be noted that in some countries, the situation regarding animal protection is somewhat different. For example, according to Article 20a of the Constitution of Germany, the state, being responsible to future generations, also protects the natural foundations of life and animals within the framework of the constitutional order through legislation and in accordance with the law and justice, through executive power and justice. [13] Similar provisions on animal protection are also contained in the constitutions of other EU countries, such as Switzerland, France, the Netherlands, Sweden, etc. Therefore, in this part, the Constitution of the Republic of Kazakhstan should be supplemented by a separate norm on animal protection, which would serve as the basis for protecting animals, including from diseases.

The next level of regulatory legal acts is formed by international treaties ratified by the Republic of Kazakhstan, which take precedence over its laws and are applied directly, except in cases where it follows from the international treaty that its implementation requires the enactment of a law. [18] Given their priority over laws, in case of contradictions between two legal acts, the norms established by international treaties are applied.

Such international treaties include:

The Agreement of the Customs Union on Veterinary and Sanitary Measures, ratified on June 30, 2010, establishing unified veterinary and sanitary requirements for goods subject to veterinary control. [19]

The Agreement on Cooperation in the Field of Veterinary Medicine between the CIS countries dated March 12, 1993, aimed at cooperation in preventing the spread of diseases among CIS countries. [20]

The International Agreement on the Establishment of the International Epizootic Bureau in Paris, ratified on December 24, 2008. Ratification of this agreement implies the application of standards and conventions issued by the International Epizootic Bureau. [21]

Following international treaties are codes, in our case, the Administrative Offenses Code (AoC) and the Criminal Code (CC). The AoC contains Article 406, which provides for liability for violation of the legislation of the Republic of Kazakhstan in the field of veterinary medicine. Article 406 of the AoC of the Republic of Kazakhstan contains 16 paragraphs, providing for sanctions for violations of quarantine conditions, the procedure for conducting veterinary measures, animal identification, the procedure for issuing veterinary documents, etc. [22] Paragraph 7 of Article 406 of the AoC of the Republic of Kazakhstan also provides for the responsibility of state veterinary inspectors for failure to comply with the assigned veterinary functions. In turn, the Criminal Code of the Republic of Kazakhstan contains Article 327, which provides for sanctions for violation of veterinary rules leading to the spread of epizootics or other serious consequences. [23] veterinary norm legal act

At the next level are the laws of the Republic of Kazakhstan in the field of veterinary-sanitary safety:

The Law of the Republic of Kazakhstan "On State Regulation of the Development of the Agro-Industrial Complex and Rural Areas" dated July 8, 2005. This legal act establishes measures aimed at ensuring veterinary-sanitary safety in relation to agricultural products. Some norms of this law duplicate those established by the Law "On Veterinary Medicine", however, this is justified by the fact that the scope of application of these norms is limited. [24]

The Law of the Republic of Kazakhstan "On Veterinary Medicine" dated July 10, 2002. This act contains the definition of the term "veterinary- sanitary safety", establishes the competences of state bodies ensuring veterinary-sanitary safety, the procedure for carrying out veterinary-sanitary control and supervision, the list of objects subject to control, etc. [3]

The Law of the Republic of Kazakhstan "On Biological Safety of the Republic of Kazakhstan" dated May 21, 2022. The law establishes that one of the factors influencing biological safety is the protection of the animal world from dangerous biological factors. The law contains norms establishing the competences of the bodies ensuring veterinary- sanitary safety, the obligation to inform these bodies in case of threats to safety, etc. At the same time, Article 20 of the Law establishes that issues of state control and supervision are regulated by legislation in the field of veterinary medicine. [25]

Following the laws, Ministerial Orders of the Republic of Kazakhstan are applicable. According to the Government Resolution of the Republic of Kazakhstan dated April 6, 2005, No. 310, the authorized body in the field of veterinary medicine is the Ministry of Agriculture of the Republic of Kazakhstan. Therefore, the following regulatory legal acts apply:

Order of the Minister of Agriculture of the Republic of Kazakhstan dated June 29, 2015, "On Approval of Veterinary (Veterinary and Sanitary) Rules"; [26]

Order of the Minister of Agriculture of the Republic of Kazakhstan dated June 30, 2014, "On Approval of the Rules for Planning and Conducting Veterinary Measures against Particularly Dangerous Animal Diseases"; [27]

Order of the Minister of Agriculture of the Republic of Kazakhstan dated November 27, 2014, "On Approval of the Rules for Conducting Epizootic Monitoring"; [28]

Order of the Minister of Agriculture of the Republic of Kazakhstan dated October 30, 2014, "On Approval of Regulatory Legal Acts in the Field of Veterinary Medicine". [29] It is worth noting that this order approved the following 7 regulatory legal acts:

Regulation on State Veterinary-sanitary control and Supervision;

Rules for Mandatory Withdrawal and Destruction of Animals, Products, and Raw Materials of Animal Origin Posing a Danger to the Health of Animals and Humans, or Their Mandatory Disinfection and Processing without Withdrawal;

Rules and Conditions for Compensation of Individuals and Legal Entities for the Cost of Withdrawn and Destroyed Sick Animals, Products, and Raw Materials of Animal Origin Posing a Danger to the Health of Animals and Humans, or Disinfected (Disinfected) and Processed without Withdrawal of Animals, Products, and Raw Materials of Animal Origin Posing a Danger to the Health of Animals and Humans;

List of Particularly Dangerous Animal Diseases Requiring Mandatory Withdrawal and Destruction of Animals, Products, and Raw Materials of Animal Origin Posing a Danger to the Health of Animals and Humans;

List of Particularly Dangerous Animal Diseases, the Prevention, Diagnosis, and Elimination of which are Funded from the Budget;

Rules for Carrying out State Veterinary- sanitary control and Supervision at Veterinary Control Posts;

Rules for the Organization of Veterinary Control Posts.

At the next level are orders of the Chairman of the Committee of Veterinary Control and Supervision of the Ministry of Agriculture of the Republic of Kazakhstan, which is a department of the central state authority. One such regulatory legal act in the field of veterinary-sanitary safety is the order of the Chairman of the Committee of Veterinary Control and Supervision of the Ministry of Agriculture of the Republic of Kazakhstan dated October 15, 2018, No. 140, "On Approval of the Procedure for Submitting Urgent Reports and Actions in Case of Suspected and Occurrence of Particularly Dangerous Diseases of Agricultural, Wild Animals, and Birds," which establishes deadlines and procedures for reporting suspected outbreaks of particularly dangerous diseases.

The final level in the list of regulatory legal acts in the field of veterinary-sanitary safety includes resolutions of local executive authorities on the organization of veterinary and sanitary measures for disease prevention, decisions of local executive authorities on establishing a veterinary regime in quarantine zones in case of outbreaks of particularly dangerous diseases, and decisions of rural assemblies regarding the rules for keeping agricultural animals in settlements. It is worth noting that these regulatory legal acts are in force.

For example, at the level of the Aktobe region, the following regulatory legal acts have been adopted:

Resolution of the Aktobe City Administration of the Aktobe Region dated April 15, 2022, No. 1599, "On the Establishment of Restrictive Measures"; [30]

Resolution of the Aktobe City Administration of the Aktobe Region dated August 5, 2022, No. 4222, "On the Lifting of Restrictive Measures and the Repeal of the Resolution of the Aktobe City Administration dated April 15, 2022, No. 1599, "On the Establishment of Restrictive Measures"; [31]

Resolution of the Aktobe City Administration of the Aktobe Region dated November 3, 2021, No. 6062, "On the Establishment of Quarantine"; [32]

Resolution of the Aktobe City Administration of the Aktobe Region dated January 10, 2022, No. , "On the Lifting of Quarantine and the Repeal of the Resolution of the Aktobe City Administration dated November 3, 2021, No. 6062, "On the Establishment of Quarantine"; [33]

Decision of the Aktyubinsk Rural District Assembly of the Shusky District of the Zhambyl Region dated June 12, 2017, No. 2, "On the Establishment of a Veterinary Regime in the Quarantine Zone with the Introduction of Quarantine in the Territory of the Aktobe Village of the Aktobe Rural District"; [34]

Decision of the Maslikhat of the Aktobe Region dated December 12, 2016, No. 84, "On the Approval of the Rules for Keeping Agricultural Animals in Settlements of the Aktobe Region". [35]

Similar regulatory legal acts are adopted at the level of each region by the respective local executive and representative bodies.

Thus, the system of regulatory legal acts in the field of veterinary-sanitary safety consists of 6 levels, not including the Constitution of the Republic of Kazakhstan.

The Problem of Legal Regulation in the Field of Veterinary-sanitary safety. Despite the existence of a regulatory framework governing issues of veterinary-sanitary safety, the application of legal norms in practice presents certain difficulties. Regulatory legal acts in the field of veterinary-sanitary safety in Kazakhstan contain a number of problems, such as legal uncertainty, the presence of evaluative concepts, inconsistency of national legal norms with international standards, and the absence of legal regulation on some issues. Let's consider these problems in more detail.

Since 1993, Kazakhstan has been a member of the World Organisation for Animal Health (OiE), within which activities are carried out to prevent epizootic diseases at the international level. In its activities, the OiE is guided by the Terrestrial Animal Health Code (TAHC), which establishes basic rules for ensuring veterinary well-being. However, to date, national legislation does not comply with the standards set by the OiE, despite Kazakhstan's ratification of the International Agreement establishing the OiE in Paris on December 24, 2008. [21]

Chapter 3.4. of the TAHC contains OiE standards regarding veterinary legislation of its members. However, regulatory regulation in Kazakhstan does not contain all the legal norms that should be included in it. For example, paragraph 3 of article 3.4.9. of the TAHC establishes that legislation should contain measures in response to the emergence of emergent diseases. [36] Mention of emergent diseases is only found in the Decision of the Eurasian Economic Commission (EEC) dated 10.11.2017 No. 79, according to which, in the event of such situations, the member countries of the Eurasian Economic Union (EAEU) should act based on the recommendations of the OIE, and in their absence - independently establish boundaries and names of regions and zones based on available knowledge of the disease. [37] This also confirms the presence of evaluative concepts in those areas where more precise measures need to be specified.

Furthermore, the legal regulation in Kazakhstan contains several uncertainties regarding the regulation of specific issues. For instance, Kazakhstan has Rules for Planning and Conducting Veterinary Measures against Especially Dangerous Animal Diseases, which describe the actions mandatory for enterprises in the event of outbreaks of such diseases. However, this list of diseases is not exhaustive. Article 1.2.3. of the TAHC establishes a List of Diseases, Infections, and Infestations of the OIE, but not all diseases from this list are reflected in the aforementioned rules. In such cases, questions arise regarding the actions to be taken when diseases not recognized as especially dangerous in Kazakhstan but listed according to the OIE are encountered. Moreover, Kazakhstani legislation does not provide criteria according to which certain diseases can be included in the list of especially dangerous diseases, nor does it establish procedures for their inclusion.

As of today, Kazakhstani legislation still does not contain the concept of "animal welfare," despite the fact that this concept has long been introduced in many foreign countries (for example, in the United Kingdom and many countries of the European Union). Within the framework of ensuring animal welfare, the following criteria need to be provided at the regulatory level:

Ensuring the biosecurity of the herd (analysis of the animal according to the criteria specified in Article 7.9.4 of the TAHC);

Compliance with housing requirements (monitoring temperature conditions, lighting, air quality, noise levels, nutrition requirements, etc.);

Adherence to breeding technologies based on the animal's breed.

Based on the foregoing, it can be concluded that Kazakhstan's legislation in the field of veterinary-sanitary safety requires improvement in accordance with international standards.



Conclusion

Thus, it can be concluded that the norms regulating the sphere of veterinary-sanitary safety possess a public-law character, which forms the basis for the formation of veterinary-sanitary safety law as a branch of Special Administrative Law. Moreover, there are a number of regulatory legal acts of various levels aimed at ensuring veterinary-sanitary safety, however, in the process of their application, several issues arise, which can be addressed by amending the legislation of the Republic of Kazakhstan in accordance with international standards.



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