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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On 30 November 2017 in Bishkek GRATA International organised a practical seminar: Roadmap to Profitable Small Hydro Power Plant Development, together with international engineering firm ILF Consulting Engineers.
On 28 November 2017 in Almaty GRATA International organised a practical seminar: Roadmap to Profitable Small Hydro Power Plant Development, together with international engineering firm ILF Consulting Engineers.
On 7 December 2017, the results of the national law firms rating – ‘Право.ru-300’ were announced.
On 6 December 2017 the drinks reception was held in Astana, Kazakhstan.
On 5 December 2017 the International Conference "PPP Projects in International Context" was held in Frankfurt-on-Main, Germany.
Yerzhan spoke on key questions of PPP projects implementation in Kazakhstan, particular issues of national legislation, basis PPP models in Kazakhstan, issues relating to regulation of PPP projects and key trends of development of PPP in the near future.
On November 28th, 2017 Nurlan Kyshtobaev, partner of GRATA International Bishkek office conducted a guest lecture on “concession agreements” and “how law firms operate”. The lecture was read to the students of International Business Law department of the American University of Central Asia (AUCA) within the course “Investment Law and Sustainable Development”. Earlier this year, GRATA International in Bishkek signed a MoU with AUCA on cooperation.
4th Downstream Caspian & Central Asia conference was held in Baku, Azerbaijan on November 28.
On 22 November 2017 Dubai Chamber Annual Networking Reception took place in Azerbaijan, Baku with the aim of highlighting achievements, discussing plans, and reward most active companies.
On November 16, 2017, American Chamber of Commerce in Azerbaijan (AmCham Azerbaijan) organized its monthly members’ luncheon.
AmCham Legal and Compliance Working Group hosted its regular meeting on November 1, 2017.
The opening ceremony of the Baku-Tbilisi-Kars railway (BTK) was held on October 30, 2017 in Baku.
On October 31, 2017, MilliMajlis of the Republic of Azerbaijan ratified a new production sharing agreement.
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. As a result, nearly every piece of public infrastructure (e.g., roads, hospitals, power plants, kindergartens, sewerages) in Kazakhstan requires a different degree of upgrading or expansion. It is expected that proper PPPs and project finance deals will finally take off in Kazakhstan in the near future, firstly because proper legislation on PPPs has been put in place in 2015 and, secondly, after decades of neglect, the government of Kazakhstan has finally not only declared, but seems to confirm its readiness to improve the investment climate and to attract private investments through PPPs (including into the housing and utilities sector) and decided to invest at least part of the wealth from commodity exports in long-postponed infrastructure projects.
Yana Dianova, Director of the Corporate and Commercial Law Department of GRATA International (Moscow office), took part in the preparation of the Doing business 2018 annual report by the World Bank on the Russian Federation.
С 10 по 16 ноября 2017 года Каспийский Университет принял юристов GRATA International в качестве лекторов по актуальным темам.
We are proud announce that GRATA International has been ranked as an Outstanding Law Firm by Asia Law Profiles 2018
On 13 November 2017, in celebration of 20 years of GRATA International in Atyrau, we organised a Doing business in Kazakhstan via a Joint Venture and Consortium seminar.
As a further step in GRATA International’s strategy designed to provide a comprehensive coverage in the Eurasian region, we are pleased to announce the expansion of our Mongolian desk into a significant presence in Ulaanbaatar. Absolute Advocates, a full-service law firm, has started operating as an associate firm of GRATA International with effect from November 10, 2017.
On 7 November 2017, a round table ‘Strategy 2025’ was held in Almaty.
On 2-3 November 2017, the XII Forum of Corporate Lawyers was held in Almaty. GRATA International took part in the Forum as speakers.
On 13 November 2017, in celebration of 20 years of GRATA International in Atyrau we are organising a DOING BUSINESS IN KAZAKHSTAN VIA JOINT VENTURE AND CONSORTIUM seminar.
And again October, and again the time of the rating IFLR1000.
In the company section of IFLR 1000 Financial & Corporate we have gone up and take a worthy place in Tier 2! Similarly, we are located in the section Project Development, which replaced Energy & Infrastructure.
Associate office of GRATA International in Samara RBL law office became a partner of the large industrial park of the Samara region
On 10 November, Bakhyt Tukulov, Partner, Director of the Litigation Practice, will speak at the Caspian University.
Preparations are being made in Belarus for the introduction of a new institute in the consulting sphere - tax advising. Edict of the President adopted on September 19 serves this purpose by approving the Regulation on the activities of tax advisers in Belarus.
On 13 October 2017, in Atyrau, at the Renaissance Hotel, GRATA International hosted a Termination of employment agreement seminar devoted to labour law regulation of the Republic of Kazakhstan.
Статья управляющего партнера Ассоциированного офиса GRATA International в Новосибирске (Россия) USCONSALT Евгении Бондаренко о проверке российского контрагента перед сделкой.
Статья управляющего партнера Ассоциированного офиса GRATA International в Новосибирске (Россия) USCONSALT Евгении Бондаренко о соблюдении ряда обязательных требований при принятии процессуального обращения арбитражным судом Российской Федерации.
GRATA International is delighted to confirm that Shaimerden Chikanayev has been endorsed as a Highly regarded lawyer for Financial & Corporate law following client and peer recommendations during IFLR1000's research process.
On 6 October 2017, the Union of German Economy in the Republic of Kazakhstan and Representative Office of the German Economy in Central Asia held the 19th Day of German Economy in Kazakhstan.
On 5 October 2017, the International Investment Forum - "Almaty Invest" - was held. The Forum platform annually incorporate about 500 high-ranking participants.
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