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.
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Renewable energy development has recently become hot topic in Kazakhstan that is actively being discussed among market existing and potential participants, relevant state bodies including the Ministry of Energy of the Republic of Kazakhstan (the “MoE”), international development institutions and other stakeholders.
In early July this year we witnessed the opening of the Astana International Financial Center (AIFC). We have seen a large number of reports in the media on the Court and Arbitration at the AIFC, but little has been said specifically on what exactly they can offer to Kazakhstani businesses.
Kazakhstan has high ambitions in China’s Belt and Road initiative (BRI) as it is geographically an ideal junction between China and the west.
During the Month of July 2018 GRATA International (Russian Federation) generated the most usage from Mondaq users for the category of commercial law.
В июле 2018 года наибольшее количество обращений пользователей Mondaq по вопросам коммерческого права получила GRATA International (Россия).
С 01 июля 2018 г. вступили в силу изменения в 214-ФЗ (Федеральный закон «Об участии в долевом строительстве многоквартирных домов и иных объектов недвижимости» от 30 декабря 2004 года), которые значительно усилили требования к Застройщикам.
The competition law regulates matters related to the creation of conditions for fair competition in the market for business entities, identification and implementation of legal and organisational grounds for prohibition, restriction and prevention of any activities impeding competition.
On 17 July 2018, the Board of the Eurasian Economic Commission (EEС) adopted the following acts aimed at regulation of the general market of medicines in the Eurasian Economic Union (EAEU):
Federal Law No. 234-FZ of July 29, 2013 amended the Tax Code of the Russian Federation providing for the cancellation of the state duties for state registration of:
Rules relating to statute of limitation contained in the Civil Code of the Republic of Kazakhstan (the “Civil Code”) may seem relatively straightforward. However, in our practice we frequently encounter situations where rules relating to the calculation of the statute of limitation are erroneously applied or where their applications to relevant facts create disputes. In this article, the author has attempted to provide a practical perspective on some of the most frequently encountered questions relating to the statute of limitation under Kazakh law and express views on the interpretation of certain rules.
Yesterday, 26 July 2018, GRATA International and the CCIFK held a breakfast meeting with the Chamber members.
On 3-4 July 2018, an International PPP Finance Summit 2018 took place in London, UK.
By the end of June of this year Kazakhstan signed the Multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting (MLI).
Modeled on the Dubai International Financial Centre, the Astana International Financial Centre (AIFC) was officially launched on the 5th July this year, established with the aim of bridging the gap between the world’s major fi nancial centers and a regional gateway for capital and investments.
On June 20, 2018, GRATA International Law Firm signed a memorandum on cooperation in the area of education with IQanat Public Education Fund.
3 июля 2018 года, в отеле Ritz Carlton Astana под председательством Премьер-министра Республики Казахстан Бакытжана Сагинтаева прошел круглый стол по глобальным инвестициям.
On 29 June 2018 Yerbolat Yerkebulanov, Partner of GRATA International (subsoil use practice (Almaty)) was a speaker at the Astana Legal Forum 2018.
Yerbolat Yerkebulanov, Partner, Head of Subsoil Use department (Almaty) of GRATA International was a speaker at the 25th World Mining Congress (WMC).
On 19-20 July 2018 a seminar on "Practical aspects of the application of public-private partnership mechanisms for infrastructure development" will be held in Astana.
Since 1991, Kazakhstan, Central Asia’s largest economy and oil producer, has had to rely on the deteriorating infrastructure it inherited from the Soviet Union.
On 19-22 June 2018 the 25th World Mining Congress (WMC) will be held in Astana.
In Civil Law and Common Law System, the fundamental of the compensation are separated from each other. In Civil Law System, the punishment of person or persons who cause harm and the prevention of similar behaviour are the adopted remark in determining the compensation of competition law. Meanwhile in Common Law, the logic of compensation for damage, adopted comment in the determination of compensation.
Yerbolat Yerkebulanov translated the New Code on Subsoil and Subsoil Use for mining companies into English..
On 8 June 2018 a Renewable Energy Summit was held in Astana.
On 3-4 July 2018 an International PPP Summit 2018 will take place in London, UK.
On 8 June 2018, Gulnur Nurkeyeva, Head of GRATA International's China Desk, took part at the 5th meeting of the Kazakhstan China Business Council in Beijing.
Recognition and enforcement, which is one of the legal terms, is regulated in International Private and Civil Procedure Law. The point of this regulation is how the decision given by the Foreign Court will be valid in the Turkish Courts.
Ancillary restraint is frequently one of competition restricting agreements in case of accepted as illegal it can damage market. Because mergers and acquisitions sometimes lose its importance without ancillary restraints.
The event was held by the Embassy of Azerbaijan to China to mark the National Independence Day.
The event brought together Azerbaijanis living in China, representatives of various state organisations and companies from Azerbaijan and foreign states.
The well-known and free-accessed ICLG (International Comparative Legal Guide) series provides current and practical comparative legal information on a range of practice areas, including Mining Law.
The Mining Law 2018 – Kazakhstan with 43 specific issues addressed by GRATA International in view of the then-acting subsoil use legislation was initially published on September 2017.
As the mining legal environment will substantially change after the new Code on Subsoil and Subsoil Use dated 27 December 2017 comes into force on 29 June 2018, GRATA has updated the Kazakhstan chapter accordingly.
The 5th Caspian Energy Forum Tbilisi-2018 (www.caspianenergyforum.com) has been held on May 8th, 2018.
During an IV meeting of the German-Uzbek Business Council which was held in Tashkent, Prime Minister of Uzbekistan Abdulla Aripov invited the largest German companies to open their business in the Republic of Uzbekistan.
The authorities of Uzbekistan are planning to create three small tourist zones in the Surkhandarya region. Relying to the Resolution of the Cabinet of Ministers, the Basnoi, Sariasiy and Sherabad zones will be established for the development of tourism in the region.
In Uzbekistan, it was adopted Presidential Decree, "On measures to further stimulate the development and growth of export potential of leather and footwear and fur industries”.
SkyPower Global (Cayman Islands) will invest US$1.3 billion in a project to build photovoltaic solar energy facilities.
On May 4, 2018, it was signed the Presidential Decree, "On measures to radically increase the role of civil society institutions in the process of democratic renewal of the country", which will amend current regulating system of NGOs, specifically:
World Bank Group President Jim Yong Kim met with Uzbek President Shavkat Mirziyoyev to discuss Uzbekistan’s social and economic transformation and to reaffirm the World Bank Group’s support for reforms to accelerate economic growth and boost shared prosperity, the World Bank reported.
The companies of Uzbekistan and the US signed a number of agreements in the oil and gas sector and energy within the framework of the visit of the President of Uzbekistan Shavkat Mirziyoyev to Washington.
Uzbekistan and leading US companies signed agreements worth about US$5 billion.
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