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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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.
The Central Bank of Uzbekistan posted the draft Precious Metals and Precious Stones Bill for public consultation. The bill provides for that gold bullions may be used (purchased) by individuals and legal entities, including non-residents of the Republic of Uzbekistan, as investments.
Uzbekistan and Turkey signed an agreement on the protection of the rights of migrant workers and members of their families.
12th Azerbaijan International Agriculture Exhibition (Caspian-Agro 2018) / 24th Azerbaijan International Food Industry Exhibition (WorldFood Azerbaijan 2018) was held on 16-18 May 2018 and was attended by Mr. Emil Bashirov the Lawyer, GRATA Azerbaijan.
AmCham Members May Luncheon was held on 3 May 2018 and was attended by Mr. Emil Bashirov the Lawyer, GRATA Azerbaijan.
GRATA International became a sponsor of the SOCAR III International Caspian and Central Asia Downstream. The event was held on 23-26 April 2018 and was attended by Mr. Emil Bashirov the Lawyer, GRATA International Azerbaijan.
"Doing Business in Azerbaijan” Presentation (Center for Analysis of Economic Reforms and Communication) was held on 26th April 2018 and was attended by Mr. Emil Bashirov the Lawyer, GRATA International Law Firm (Office in the Republic of Azerbaijan).
This article is to discuss legal issues that may arise under Polish civil law in connection with the conclusion of a preliminary sale agreement and payment by the purchaser prior to execution of the final sale agreement of the amount which may be classified, depending on the parties’ decision, either as an earnest money (in Polish: zadatek) or as an advance amount (in Polish: zaliczka).
As of 30 April 2018, a package of five legal acts adopted on 6 March 2018 aimed at facilitating business activity entered into force in Poland.
Under the Polish law, a foreign entrepreneur may, based on the reciprocity principle, set up its branch in the Republic of Poland. The scope of the branch's activity may include only the activity that is performed by the entrepreneur in the country of its incorporation.
In generally, the relationship between a landlord and a tenant is governed by a contract. That contract is referred to as the lease. A lease is an agreement between the landlord and the tenant in which the landlord agrees to allow the tenant to occupy a building or a piece of property owned by the landlord generally in return for the payment of periodic rent. Any issues relating to landlord/tenant law must initially be looked at in terms of what the lease calls for as to the respective rights and obligations of two parties.
New Law on National Payment System, dated 31 May 2017, shall become effective from 1 January 2018. The importance of the new law is an integrated payment system launch between the Central Bank, commercial banks, legal entities, other financial institutions and individual customers. As result of the law enactment, the Central Bank will be able to control all payment transactions of all participants of Mongolia financial market.
As the Central Asia’s largest and richest country, Kazakhstan has a lot of natural advantages for the development of renewables, including 3,000 hours of solar radiation a year and the average annual wind speed of nine meters per second in some parts of the country.
GRATA International has been recognised for its Deal of the Year 2017 by China Business Law Journal.
The insurance market in Kazakhstan is mainly regulated by two legal acts, namely, the Civil Code of the Republic of Kazakhstan dated 27 December 1994 (the “Civil Code”)and the Law of the Republic of Kazakhstan “On Insurance Activity” No.126-II dated 18 December 2000 (the “Insurance Law”).
Gulnur Nurkeyeva gave a speech on "The Second Global Law Firm Cooperation Forum and Lawyers' Private Advisory Board Conference" in Beijing on May 9, 2018 hostet by Beijing DHH Law firm.
On 23-25 April, the English Law Summit was held in Astana and Almaty, where GRATA International Law Firm took an active part.
The President of Kazakhstan, Nursultan Nazarbayev, signed, on 28 December 2017, the Law No. 128-VI on Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Information and Communication (‘the Law’). Marina Kahiani and Lola Abdukhalykova, Partner and Associate at GRATA International, provide an analysis of the obligations under the Law, including user identification, data retention and data localisation provisions, applicable for telecommunications operators and website operators.
Kyrgyz law identifies insurance activity as an activity of organisations that have a license to provide services to individuals and legal entities for premium services, the subject of which are contractual specific obligations of the insurer in the event of an unknown event, with the distribution of risk among a large number of persons exposed to such a risk, calculated on the basis of the principle calculation of large numbers.
The Law on Advertising (2002) and Law on Medicines and Medical Devices (2010) are main laws to regulate advertising of medicines in Mongolia.
GRATA International law firm was appointed as a Member of the AIFC Court (the "Court") Users' Commitee and the International Arbitration Center (the "IAC") Users' Committee.
The rapid development of the energy sector in the Republic of Kazakhstan forced the state to actively focus on creating conditions for the use of renewable energy sources. EXPO-2017 have become an additional incentive for the development of renewable energy projects. However, the renewable energy sector is, relatively young in Kazakhstan and there are a number of issues that need to be discussed. Some of them we would like to discuss below.
As it is known, Kazakhstan adopted a new Code on Subsoil and Subsoil Use dated 27 December 2017 (“Code"), which comes into force on 30 June 2018.
On 19 April 2018, Yerbolat Yerkebulanov, partner of GRATA International (Subsoil Use Dept.) spoke on “Novelties in the Subsoil Code for Petroleum Subsoil Users”.”
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