As emphasized by the initiator, Kyrgyzstan, being a mountainous country, has significant reserves of mineral resources that play a key role in socio-economic development. However, during the development of deposits and the operation of mining facilities, violations of the ecosystem often occur, necessitating reclamation. In practice, there are instances of both intentional and negligent violations of the terms of licenses for the use of subsoil resources, as well as non-compliance with reclamation requirements, which leads to soil degradation, water pollution, and threats to ecological and technical safety.
In this regard, the Ministry proposes to implement an effective legal mechanism that will allow for criminal liability for individuals guilty of intentional or negligent violations of the terms of licenses for the use of subsoil resources, as well as for failure to comply with land reclamation requirements.
The proposed amendments to the Criminal Code include the following provisions:
- Intentional or negligent violation of the terms of the licensing agreement, if it leads to environmental damage or poses a threat, will be punishable by a fine of 1,000 to 2,000 calculated indicators (from 100,000 to 200,000 soms) or imprisonment for up to two years.
- If the aforementioned actions result in significant damage to subsoil resources, the punishment will be a fine of 2,000 to 3,000 calculated indicators (from 200,000 to 300,000 soms) or imprisonment for up to three years.
- Intentional or negligent violation of land reclamation requirements within the established deadlines, if it leads to significant damage or poses a threat to ecology, will be punishable by a fine of 1,000 to 2,000 calculated indicators or imprisonment for up to two years.
- Actions that lead to significant environmental damage will be punishable by a fine of 2,000 to 3,000 calculated indicators or imprisonment for up to three years.
