It should be noted that in recent years, the country has consistently implemented comprehensive measures to ensure environmental safety, prevent harmful effects on human health, and create favorable conditions for improving the quality of the sanitary and environmental situation.

However, today in the cities of the republic there are frequent cases of dust rise (on average 50-80 days a year), and the content of fine dispersed particles in the air exceeds the established norm (5 micrograms/m³) by an average of 10 times, which negatively affects the health of the population. This situation is also caused by the rise of dust and sand particles into the air caused by an increase in the number of construction sites in the republic.

Over the past three years, the number of construction projects has increased 3 times, and at the end of 2023 amounted to 35.2 thousand (in 2022 – 32 thousand, in 2021—31 thousand objects). It is estimated that an average of 50 tons of dust and sand per year rise into the air from an open construction site with an area of 500 square meters.  

The legislation does not provide for specific liability for the rise of dust into the air during construction within the framework of air protection requirements and urban planning standards.

According to the Decree of the President of the Republic of Uzbekistan "On the State Program for 2024", mandatory requirements have been introduced to eliminate the rise of dust and sand into the air on and around the construction site (the use of suspended sprinklers and sprinklers to suppress dust) in the rules of urban planning. Therefore, the responsibility of construction contractors for violating established requirements related to atmospheric pollution during construction must be increased.

During the development of the new draft law, the experience of leading foreign countries was studied. In accordance with the new article 85(1), it is proposed to include liability in the Code of Administrative Responsibility for non-compliance with the requirements of atmospheric air protection on construction sites, which entails the imposition of a fine on officials in the amount of 10 BCV (3 million 750 thousand sums), and 50 BCV (18 million sums) for repeated violation within 1 one year after the application of the administrative penalty.

For reference: in Kazakhstan, entrepreneurs are fined up to $8,200 for this violation, and in Belarus, legal entities can be fined up to $2,440. In Russia, a fine of up to $208 or suspension of activity for up to 90 days is provided (as amended in 2007).

As a result of the changes made within the framework of the new draft law, it is proposed:

— to determine air pollution by dust and sand particles on the basis of established standards by informing the competent authorities at construction sites or on the basis of a contract using special measuring equipment;

— when carrying out environmental control, take prompt measures to prevent the rise of dust and sand particles into the air during construction;

— to prevent the release of dust and sand into the atmosphere by construction and contracting organizations;

— to increase the efficiency and scope of state environmental control over activities polluting the environment, thereby preventing the negative effects of atmospheric pollution.