Legal advice on the application of environmental legislation is becoming increasingly sought after in connection with big business related to mining, processing and export of natural resources, circulation of chemical and radioactive substances, the construction of large industrial facilities, and other activities.

Underestimating environmental requirements sometimes makes it economically unviable for companies to continue production activities due to large claims, fines, obligatory payments to the budget, or revocation of required licenses and permits.

GRATA Law Firm can provide you with advice on all issues of concern regarding the environmental law of Kazakhstan, including:

Advising on Environmental Permits

Production operations are usually accompanied by environmental emissions - emissions of air pollutants, waste water discharge, waste disposal into the environment and open storage of sulfur in the environment.

The Environmental Code of Kazakhstan requires that environmental emissions are made only if a company possesses an environmental permit, which sets out the specific, permissible amounts of pollution (standards of environmental emissions). According to the Tax Code, the emissions into the environment are subject to a fee payable to the budget.

Emitting without an environmental permit or exceeding emissions standards set out in a permit, results in a 10-time increase in thefee rate. In addition, this violation leads to the recovery of amounts of environmental damage and an administrative penalty (usually very large) in favor of the state.

It is no doubt then that it is easier to ensure compliance with the law than to find a way to escape liability for a violation. However, some requirements of the legislation of Kazakhstan on environmental emissions are unclear and inconsistent and they are also scattered throughout various regulations.

GRATA lawyers will help you find answers to any questions on the procedure and conditions for obtaining environmental permits, exercising the rights resulting from them, and terminating their validity. Waste ManagementPerformance of economic activities is usually associated with the formation of waste. Therefore, the majority of companies operating in Kazakhstan (mining, petroleum, metallurgy, trade, service, and many others) are subject to the requirements of the legislation of Kazakhstan on waste production and consumption.Legal regulation of waste management consists of many aspects, including classification of waste, payments for its disposal, issuing of permits for disposal into the environment, the establishment of requirements for waste storage, programming of waste management, and more. Failure to comply with the legal requirements for waste management can lead to serious negative effects such as administrative liability, tax accrual, recovery of the amount of environmental damage, and suspension of the company's operations.GRATA Law Firm can offer you advice on issues related to waste management.In particular, we provide the following consulting services:

1) checking the documents of the company in terms of waste, the production and consumption thereof (EIA, regulations of waste management, hazardous waste passports, emission permits, etc.) in order to detect violations of environmental laws and make recommendations for eliminating them;

2) analysis of individual problems and finding ways to resolve them;

3) analysis of the acts of state authorities, civil case files and administrative case files in order to assess the prospects for protecting the interests of companies involved in waste management.

Taking into account your needs and the conditions of a particular situation, we can provide you other consulting services regarding waste management. GRATA lawyers are asked a lot of different questions in the course of their work advising on issues connected with the environmental legislation of Kazakhstan. For instance, what are the criteria for classifying liquid and solid wastes as radioactive wastes? What are the requirements for the establishment of protective and sanitary protection zones or other facilities? What steps must be taken in the case of a man-made disaster at liquidated facilities? What is required by the legislation of Kazakhstan in terms of importing and using ozone destroying substances? What restrictions on the activities in the territory of reserves are established by law? What permits must be obtained for the discharge of waste water into the subsoil? And there are many others.Our lawyers are experts on the subject of Kazakhstani environmental law and are constantly refreshing their knowledge in providing consulting services, systematically summarising information on the specific problems that arise in practice, and their possible solutions. Our services can be very useful for you, and we are ready to discuss the opportunity to assist you with all your environmental law needs.



 

 

 


In the course of their careers GRATA lawyers have provided services to many large companies in oil and gas, petrochemical, gold, uranium, and other areas, as well as trade, transport and agricultural organisations. Please find below a brief description of the most relevant work done during the last two years:

  • comprehensive legal opinion on issues relating to obtaining all necessary documents for drilling works prepared for a Kazakhstani mining company;

  • advising a major oil company regarding damage compensation caused by gas flaring without a permit from the Ministry of Oil and Gas;

  • advising a major power generation company on issues regarding reduction of rate for emissions into the environment;

  • advising a local company, which owns a large internet-marketplace, on issues regarding activities within the territory of Kazakhstan, and recognition of possible risks;

  • comprehensive legal opinion on legal liability in connection with the treatment, transportation and storage of radioactive materials for a large foreign uranium company;

  • advising a large foreign oil-and-gas company on legal liability in connection with treatment, transportation and storage of oil products;

  • advising a large oil company on issues regarding a change of environmental requirements for gas flaring as a result of the adoption of the Law of RK 'On Subsoil and Subsoil Use', and issues of liability for environmental violations;

  • legal monitoring and advising on the process of collecting documents and submitting requests to the Ministry of Environmental Protection to obtain environmental permits, performed on behalf of many large oil-and-gas companies. As a result of our actions all declared environmental emissions limits have been accepted and approved by the Ministry, as reflected in the issued permits;

  • upon the request of one of the largest oil-and-gas consortia, we analysed environmental legislation regarding production and consumption of waste, prepared systematised reference material which was used by the consortium in its day-to-day production activities;

  • comprehensive legal opinion on legal liability in connection with treatment of radioactive materials for one of the largest Kazakhstani uranium producers and exporters;

  • performed a legal risks assessment regarding certain chapters of the Environmental Code of RK and prepared a plan of corrective actions for a group of subsoil users;

  • prepared a legal opinion for a large oil company regarding issues of disposal of waste waters originating from oil production;

  • prepared legal opinions on issues of economic assessment of environmental damage and gave other explanations to a number of large foreign companies regarding payment for environmental emissions;

  • advised subsoil users on legality of audits of state environmental bodies;

  • advised an oil company on drafting a contracting agreement and the need to obtain a permit for environmental emissions;

  • advised a phosphoric company on legal regulation of production wastes;

  • advised an oil company on drafting an agreement for disposal of strata waters in view of requirements of environmental legislation of the Republic of Kazakhstan;

  • advised a foreign investment company on alternative energy business in Kazakhstan;

  • exhaustive legal opinion on issues of obtaining all necessary documents for drilling works prepared for a Kazakhstani mining company;

  • consulting a major oil company regarding damage compensation caused by gas flaring without the permit of the Ministry of Oil and Gas;

  • advising a major power generation company on issues regarding reduction of rate for emissions into the environment;

  • advising a local company, which owns a large internet-marketplace, on issues regarding activities within the territory of Kazakhstan, and recognition of possible risks;

  • prepared a comprehensive legal opinion on legal liability in connection with the treatment, transportation and storage of radioactive materials for a large foreign uranium company;

  • advised a large foreign oil-and-gas company on legal liability in connection with treatment, transportation and storage of oil products;

  • advised a large oil company on issues of change of environmental requirements to gas flaring as a result of adoption of the Law of RK 'On Subsoil and Subsoil Use', and issues of liability for environmental violations;

  • prepared a legal opinion for a large oil company regarding issues of disposal of waste waters originating from oil production;

  • prepared legal opinions on issues of economic assessment of environmental damage and gave other explanations to a number of large foreign companies regarding payment for environmental emissions;

  • advising a Kazakhstani energy company on obtaining quotas for emissions of greenhouse gas, drafting a memorandum for the Kazakhstani mining company on permissive documents required for drilling;

  • advising a Kazakhstani transport company on issues related to environmental emissions;

  • drafting a memorandum for a Kazakhstani oil company on the legal consequences of an accident at a well.

News 1 - 33 of 553
First | Prev. | 1 2 3 4 5 | Next | Last All

20.02.2018

Uzbekistan review - market opportunities 2018

Uzbek government continues its strive to transform country's legislation and make Uzbekistan more open to foreign investment and international trade.  With the addition modern-thinking specialists to the management in the state authorities, alongside with radical legislative improvements in legislation, directed to full-scale liberalisation, increasing trade turnover and development of local industry, attracting foreign investors, full transfer to market economy and overcoming such obstacles as corruption, restrictions for payment on current international transactions, tariff and non-tariff barriers, the prospects of Uzbekistan are becoming increasingly more attractive for global businesses. 

15.02.2018

GRATA International became a Mondaq Contributor With Most Reader Response In Russian Federation

During the Month of January 2018 GRATA International (Russian Federation) generated the most usage from Mondaq users for the  category of commercial law.

08.02.2018

GRATA International attended the international conference 'Intellectual Property in the New Technological Order'

Yana Dianova, Director of the Corporate and Commercial Law Department (GRATA International, Moscow) and Timur Berekmoinov, a patent attorney (GRATA International, Almaty) took part in the international conference 'Intellectual Property in the New Technological Order'.

07.02.2018

Upcoming Changes in Foreign Exchange Legislation: branches of foreign companies’ settlements will be converted into Tenge

In keeping with GRATA’s practice of informing clients of important legal developments that might influence their business, we would like to draw your attention to some important upcoming legislative developments regarding the foreign exchange regulation and foreign exchange control.

31.01.2018

Building a regional network of a consulting firm or the largest network of lawyers and litigation attorneys in Kazakhstan

Samat Daumov, Managing Partner, GRATA International, shares the firm’s experience in building a regional network of a consulting firm or the largest network of lawyers and litigation attorneys in Kazakhstan.

30.01.2018

GRATA International in Who's Who Legal: Mining 2018 issue

We are glad to announce that Aidar Sarymsakov and Akhmetzhan Abdullayev, Senior Partners, Saule Akhmetova and Almat Daumov, Partners have been identified as key legal experts in Mining field among 11 legal experts in Kazakhstan in Who's Who Legal: Mining 2018 issue.

31.01.2018

Marina Kahiani will speak on the round table Doing Legal Business in Kazakhstan

On 31 January 2017, the Law Society is hosting a breakfast round table with experts from the region and experienced practitioners to discuss the current business climate, growing business areas, and new investment opportunities for law firms and their clients, in particular in relation to the AIFC.

18.01.2018

What to expect from the amendments in land legislation?

On 29 November 2017 the deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan approved in the first reading draft law "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Regarding Regulation of Land Relations" (hereinafter referred to as the "Draft Law"), developed following the work of the Commission on Land Reform.

18.01.2018

New Tax Code

On 1 January 2018 new Tax Code came into force in Kazakhstan. This Tax Code is set to stimulate growth of small and medium-sized businesses and strengthen Kazakhstan’s financial sector. The principle of good faith was also introduced: all the ambiguities and inaccuracies of the Tax Code are interpreted in favour of entrepreneurs. 

16.01.2018

Kazakhstan: New user identification requirements "further regulate social relations"

It has shown a particular interest in  the  Law of 28 December 2017 No. 128-VI on Introducing Amendments and Additions to some Legislative Acts of the Republic of Kazakhstan on Information and Communication ('the Law'), which, among other amendments, requires website operators to collect identification data of website users who post comments on such websites. 

GRATA International commented on the following questions:

1- What is the background to the Law, and the Kazakh government's reason for introducing it?

2- Which types of companies will be affected by the provisions with regard to i) identifying website users ii) retaining user data? How is this likely to affect the operation of websites, and their users? 

11.01.2018

Kazakhstan has ratified the Convention on avoidance of double taxation with Ireland

On 29 December 2017 the Republic of Kazakhstan has ratified the Convention on avoidance of double taxation with Ireland[1] and the Protocol thereto (hereinafter – the ‘Convention’).


11.01.2018

Изменения в российском законодательстве в 2018 году

Команда юристов GRATA International в России подготовила обзор наиболее важных изменений в законодательстве Российской Федерации, вступающих в силу в 2018 году. 

11.01.2018

ICOs go legal in Belarus: what the Hi-Tech Park 2.0 can offer the IT industry

Belarus adopted the revolutionary legal framework for IT companies and blockchain enthusiasts. The President’s Decree on Digital Economy comes into force on March 28, 2018.

GRATA International had a presentation at the Shanghai Bar Association

On December 23, 2017 Managing Partner of GRATA International’s Uzbekistan office Bakhodir Jabborov made a presentation at the Shanghai Bar Association

20.12.2017

Special Focus - One Belt One Road China Investment

GRATA International contributed to LexisNexis Mergers & Acquisitions Law Guide 2018. Special Focus - One Belt One Road China Investment.

20.12.2017

Liberalization of business conditions in Belarus

On November 23 the President of the Republic of Belarus has signed Decree No. 7 “On the Development of Entrepreneurship”. The document significantly simplifies business activities in Belarus. Below you can find main innovations for business introduced by the document.

GRATA International attended the AmCham HR Committee meeting

On 15 December 2017, AmCham HR Committee's December Meeting took place in the office of Nobel Oil in Baku.

GRATA International attended the Azerbaijani-Georgian business forum

On 15 December 2017, the Caspian European Club and Caspian Energy Georgia with the support of the Embassy of the Republic of Azerbaijan in Georgia held the Azerbaijani-Georgian business forum and the third CEO of Lunch Tbilisi.

GRATA International attended the 23rd Azerbaijan International Telecommunications and Information Technologies Exhibition and Conference

On 5 December 2017, the 23rd Azerbaijan International Telecommunications and Information Technologies Exhibition and Conference took Place in Baku Expo Centre. The exhibition marked the beginning of High Technologies Week. The organiser of the exhibition was the Caspian Event Organisers.

GRATA International attended International Taxation Conference 2017 in India

On 7-9 December 2017, Bolormaa Volodya, Partner, and Altanzaya Gunsen, Taxation Counsel of Absolute Advocates LLP, GRATA International's associate office in Mongolia, have attended International Taxation Conference 2017 in Mumbai, India.

14.12.2017

GRATA International in Chambers Asia-Pacific 2018

GRATA International performed exceptionally well in this year’s rankings as its Azerbaijan, Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan offices were ranked by Chambers Asia-Pacific 2018, confirming GRATA International's dominant position in Central Asia.

14.12.2017

GRATA International is a Mondaq Contributor With Most Reader Response In Russian Federation

During the Month of November 2017 GRATA International (Russian Federation) generated the most usage from Mondaq users for the  category of commercial law.

13.12.2017

GRATA International organised a practical seminar: Roadmap to Profitable Small Hydro Power Plant Development in Bishkek

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.

13.12.2017

GRATA International organised a practical seminar: Roadmap to Profitable Small Hydro Power Plant Development in Almaty

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.

11.12.2017

Stepanov and Aksuk Law Firm Associate office of GRATA International is Recognised by Право.ru-300 Ranking 2017 in 4 Nominations

On 7 December 2017, the results of the national law firms rating – ‘Право.ru-300’ were announced.

07.12.2017

Drinks reception was held at the residence of the British Ambassador to the Republic of Kazakhstan

On 6 December 2017 the drinks reception was held in Astana, Kazakhstan. 

06.12.2017

Yerzhan Yessimkhanov, partner of GRATA International, spoke at the International Conference "PPP Projects in International Context"

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.

04.12.2017

Nurlan Kyshtobaev conducted a guest lecture on “concession agreements”

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. 

28.11.2017

4th Downstream Caspian & Central Asia conference

4th Downstream Caspian & Central Asia conference was held in Baku, Azerbaijan on November 28.

28.11.2017

Chamber Annual Networking Reception took place in Azerbaijan

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. 

28.11.2017

Amcham November Luncheon

On November 16, 2017, American Chamber of Commerce in Azerbaijan (AmCham Azerbaijan) organized its monthly members’ luncheon.

28.11.2017

Amcham Legal & Compliance Working Group’s November Meeting

AmCham Legal and Compliance Working Group hosted its regular meeting on November 1, 2017.

28.11.2017

Railway “Baku-Tbilisi-Kars” was opened in Azerbaijan

The opening ceremony of the Baku-Tbilisi-Kars railway (BTK) was held on October 30, 2017 in Baku.  


News 1 - 33 of 553
First | Prev. | 1 2 3 4 5 | Next | Last All

Key contacts

Leila Makhmetova

Counsel, Director of Environmental Law Department

Almaty

Show contacts
Contact us