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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The EBRD supports the development and strengthening of local capital markets within the framework of the current reform program of Uzbekistan to ensure openness of the economy.
Требования Общего регламента по защите данных (General Data Protection Regulation) (далее - «Регламент» или «GDPR»), вступившего в силу с 25 мая 2018 г., применяются согласно его статье 3 (2) в том числе к контроллерам и операторам персональных данных, не учрежденным в ЕС, если они обрабатывают персональные данные субъектов персональных данных (физических лиц) находящихся в ЕС
We are proud to announce that Yerzhan Yessimkhanov, partner and head of GRATA International’s Real Estate, Construction & Insfrastructure, Telecommunications & Transport departments, has been named among the best real estate lawyers in the world and featured in WWL 2018: Real Estate for the second consecutive year.
GRATA International has cemented its position as one of the leading firms in Central Asia and Caspian region, following the release of major international legal rating Chambers&Partners Asia-Pacific 2019. GRATA International has secured a ranking in Azerbaijan, Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan.
Общий регламент по защите данных (General Data Protection Regulation), принятый Европейским парламентом 17 декабря 2015 г. (далее - «Регламент» или «GDPR») вступил в силу с 25 мая 2018 г.
11 декабря 2018 г. пройдет Саммит Лидеров Рынка Инфраструктурных Проектов в г. Москва, Россия.
On 23 November 2018, Yerzhan Yessimkhanov, Partner of the GRATA International law firm, spoke at the CLF 2018 Forum on Construction Regulation.
On 8-9 November 2018, the XIII Kazakhstan Forum of Corporate Lawyers was held in Almaty.
On November 9, the Parliament passed a package of changes introducing simplifications in tax and business law aimed for entrepreneurs.
On November 14, President Andrzej Duda endorsed an act introducing 9% rate of corporate income tax (CIT) for small businesses as well as certain changes regarding tax deductible costs in case of acquisition and exploitation of passenger cars by companies.
On November 25 the provisions will come into force that will allow businesses to continue operations despite the death of the enterprise’s owner.
8-9 ноября 2018 г. состоялся XIII Казахстанский форум корпоративных юристов в г. Алматы.
В очередной раз GRATA International получила высокую оценку от Asialaw profiles, одного из ведущих справочников по лучшим юридическим фирмам в Азиатско-Тихоокеанском регионе.
For another consecutive year GRATA International received high appraisals from Asialaw profiles, one of
the leading legal guides to top law firms and practitioners in Asia-Pacific.
The importance of the so-called natural monopolies in Kazakhstan can be seen in the fact that some of Kazakhstan’s largest and most powerful corporate empires, such as the KEGOC (national transmission grid operator) and KTZ (national railway company), are officially subject to natural monopoly regulation.
22 октября 2018 г. Президент Российской Федерации подписал Указ № 592 "О применении специальных экономических мер в связи с недружественными действиями Украины в отношении граждан и юридических лиц Российской Федерации", согласно которому федеральным органам государственной власти, органам государственной власти субъектов Российской Федерации, иным государственным органам, органам местного самоуправления, организациям и физическим лицам, находящимся под юрисдикцией России, необходимо в своей деятельности исходить из того, что со дня вступления данного Указа в отношении отдельных физических и юридических лиц, определенных Правительством РФ, применяются специальные экономические меры.
On 22 October 2018, the President of the Russian Federation signed Decree No. 592 "On the application of special economic measures in connection with the unfriendly actions of Ukraine in relation to citizens and legal entities of the Russian Federation", according to which the federal government bodies, local authorities, organizations and individuals under the jurisdiction of Russia need in their activities to proceed from the fact that from the date of entry into force of this Decree special economic measures are applied in respect of certain individuals and entities identified by the Government of the Russian Federation.
IFLR1000 has released its 2019 rankings identifying leading firms and lawyers worldwide.
GRATA International has been ranked in 7 jurisdictions in Europe and Asia: Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Mongolia, Tajikistan, and Uzbekistan. IFLR1000 paid special attention to GRATA’s wide geographical coverage in Central Asia and Eastern Europe.
Dmitri Papadopoulos, Executive Director of GRATA International Association - a Swiss Verein, was on an official visit to Almaty on 5 November 2018.
We are happy to announce that we have now become GRATA International Association - a Swiss Verein registered in Switzerland.
After successfully passing the exam and obtaining an advocate license, Shaimerden Chikanayev joined the Almaty City Bar and received the status of an advocate, granting him the right to protect the interests of his clients now not only in civil but also in criminal and administrative matters.
Yerzhan Yessimkhanov, Partner of GRATA International, gave a presentation at the trading session organised by the Malaysian Embassy in Kazakhstan for Malaysian companies interested in entering the Kazakhstani market.
The Astana International Financial Centre (AIFC) was launched on the 5 July 2018. It is a financial hub located in Astana, Kazakhstan. The aims of AIFC are to attract investment and bring in clients from Asia, Europe and the Middle East.
On 5 October 2018 Joint AmCham/BCC Career Fair was held in Baku, Azerbaijan.
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