Conducting almost all types of industrial, commercial and other activities entails the risk of environmental damage. Therefore, the legislation of Kazakhstan imposes strict requirements on those who carry out the various activities which have the potential to cause certain environmental damage.

Compliance with environmental requirements is monitored by state control and supervision by the competent authorities, which often results in large claims, the imposition of fines and other sanctions applied to companies. In this case, companies find it necessary to protect their interests against the public authorities that sometimes violate the rights of legal entities.

GRATA Law Firm offers the following services for the protection and representation of your interests in the resolution of environmental disputes and cases concerning administrative violations:

1) analysis of certain disputes and associated risks; producing recommendations regarding the feasibility of applying to the courts or other public authorities for the protection of interests of the company;

2) verifying the legality of administrative fines and environmental assessment of damage (including studying the company’s documents and, if necessary, on-site activity);

3) protecting and representing legal entities in courts and before other public authorities.

Based on our experience, our lawyers have made an overview of the trends established in the resolution of environmental disputes in practice. Please follow the link to read this information, and we hope it will be useful for you.

 

 

 

We were asked to assist in protecting the legitimate interests of many large trading companies, oil and gas companies, as well as large exporters of non-ferrous metals in environmental disputes.

In the recent past, we have successfully completed the following projects:   

  • advising a large oil company regarding an appeal against a Decree in an administrative offence case connected with sewage disposal;
  • successful protected the interests of a large uranium-mining company in the Economical Court in connection with an appeal against the suspension of operations for violations of industrial safety legislation;
  • successfully protecting the interests of a large oil company in the first, appellate, and cassational courts and the Ministry of Environmental Protection of RK. Our lawyers achieved a dismissal of a claim for damages and cancelation of all fines imposed for environmental violations;
  • successfully protecting the interests of an oil company in the Ministry of Environmental Protection of the Republic of Kazakhstan. As a result of our participation fines imposed for environmental violations were annulled;
  • successfully representing the interests of a company in the chemical sector in the Supreme Court of the Republic of Kazakhstan with regard to settling  a dispute over ownership of production wastes;
  • successfully representing a large mining and processing enterprise in the first, appellate and supervisory courts in connection with a claim of a territorial environmental administration for compensation for damages caused by pollution of land and water resources;
  • representing the interests of a number of large foreign oil companies during audits performed by environmental prosecution bodies, territorial environmental administration and an authorised body for subsoil use. Our participation in the audits helped prevent several unreasonable claims against the company;
  • successfully protecting the interests of an oil company in connection with a claim of the regional prosecutor’s office against excessive disposal of production wastes; 
  • successfully protecting the interests of a uranium-mining company in court and in the prosecution bodies in connection with an appeal against a fine for excessive emissions. As a result the amount of the fine was reduced tenfold;
  • representing in court a major oil company appealing against fines for polluting land, waste storage, and the breach of requirements for environmental monitoring of production. Our lawyers achieved the cancelation of all fines;
  • representing in court a metallurgical company in the settlement of a dispute over payment rates for disposal of production waste; 
  • protecting the interests of an oil company during land inspections regarding administrative violations. As a result of our participation the fines were significantly reduced;
  • advising an oil company regarding the legality of fines imposed for not possessing  environmental permits and for exceeding the maximum allowable discharge levels;
  • protecting the interests of uranium mining companies in court in connection with claims against them for compensation for damages caused by waste disposal;
  • protecting the interests of a landfill owner in the court of cassation in connection with the unjustified accrual of fees for waste disposal;
  • successfully protected the interests of an oil company with regard to environmental emissions of hydrogen sulfide and sulfur dioxide as a result of associated gas flaring in courts of first instance, appeal and cassation, and the administrative court; 
  • advising a mining company in connection with the claim for compensation for damages caused by accidental pollution of water bodies;
  • advising an agricultural organisation in connection with the requirements of the tax authority to charge additional fees for waste disposal in the environment;
  • drafting a complaint to the Tax Committee with respect to the notice of the tax audit results, under which the waste recycling company was additionally charged amounts of emissions fee;
  • successfully protected the interests of an oil company with regard to an accidental oil spill into a water body in courts of first instance, appeal and cassation, and the administrative court. 
 
Name Position Contacts
Bakhodir Jabborov Managing Partner Inquire
Nurbol Kissembayev Partner, Branch Director Inquire
Leila Makhmetova Counsel, Director of Environmental Law Department Inquire
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01.06.2017

Legislation of the Republic of Kazakhstan on Support for Use of Renewable Energy Sources

In Strategic Development Plan of the Republic of Kazakhstan until 2020, it is noted that one of the directions for successful diversification of the economy is the introduction of modern technologies based on renewable resources and energy sources.

26.10.2015

GRATA International Training Centre Held Training Seminars

On 15 and 16 October 2015, the Training Centre of GRATA International organised training seminars

17.04.2015

GRATA Representatives Gave a Report at OILTECH Atyrau 2015

On 14-15 April, in Atyrau there was the 9th Atyrau Regional Oil Technological Conference - OILTECH Atyrau 2015.

17.09.2010

Review of Judicial Practice on Environmental Disputes Involving Subsoil Users

In Kazakhstani practice, environmental disputes arise quite often and their number is steadily increasing.

17.09.2010

Environmental Inspections: Practical Recommendations for Subsoil Users on Supporting and Appealing Environmental Inspections

Every subsoil use company is subject to regular environmental inspections, in the course of which the state inspectors often breach the letter of the law on their implementation.

17.09.2010

Environmental Due Diligence as an Instrument Minimising the Risks Imposed by Environmental Inspections

Today it is very hard to imagine the acquisition of a participatory interest in a subsoil use company without carrying out a due diligence, which includes an environmental due diligence.

29.09.2010

Issues on the unilateral termination of subsoil use contracts

Disputes in relation to the unilateral termination of subsoil use contracts (the ‘Contract’) form a substantial part of the litigated cases on the rights stipulated by the legislation on subsoil.

29.09.2010

Issues concerning the acquisition of a right to land plots required for subsoil use operations

There is no way to conduct an exploration and/or production of minerals without using the land located above the contracted territory.

25.05.2011

Environmental inspections: practical recommendations for subsoil users on supporting and appealing environmental inspections (as amended by the Law of the RoK ‘On state control and supervision in the Republic of Kazakhstan’ dated 06 January 2011)

Every subsoil use company is subject to regular environmental inspections, in the course of which the state inspectors often breach the letter of the law on their implementation.

08.10.2013

On Both Sides of the Caspian Sea', a comparative analysis of the investment law in Kazakhstan and Azerbaijan exclusively for PETROLEUM Analytical journal

The experts of GRATA Law Firm exclusively for PETROLEUM conducted a comparative analysis of the investment law in Kazakhstan and Azerbaijan.

24.04.2014

Preparing a package of documents for participation in trading quotas for greenhouse gas emissions

According to the National Quota Allocation Plan for Greenhouse Gas Emissions for 2013, a number of large companies are included in the list of operators, which obtained a quota for greenhouse gas emissions for 2013.

26.02.2014

Risks in Trading Quotas for the Emission of Greenhouse Gases

On March 26, 2009 the Republic of Kazakhstan ratified the Kyoto Protocol of the United Nations Framework Convention on Climate Change (“Protocol")

31.01.2014

GRATA's Environmental Law Department has won the court proceedings for the benefit of a subsoil user

In January 2014, the Environmental Law Department has won the court proceedings for the benefit of a subsoil user. The first-instance court has denied the environmental authority to recover environmental damages caused by dust emissions.

17.07.2014

On 27 June 2014, the AmCham Economic Policy Forum was held in the Radisson Astana Hotel

The Forum featured speeches by the Minister for Environment and Water Resources of Kazakhstan, Mr Kapparov and the US Ambassador in Kazakhstan - Mr Ordway.


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