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.

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20.02.2019

Guarantees and incentives for investors in Russia

In 2019 Russia is ranked according to the World Bank 31st out of 190 economies in terms of ease of doing business in general, 32d for starting a business, 12th for registering property and 18th for enforcing contracts.

20.02.2019

Гарантии и льготы для инвесторов в России

В 2019 году Россия занимает 31-е место среди 190 стран в рейтинге Всемирного Банка по условиям ведения бизнеса, 32-е место по процедурам, связанным с началом ведения предпринимательской деятельности, 12-е по процедуре регистрации права собственности и 18-е по приведению в исполнение контрактов.

19.02.2019

GRATA International in Chambers Global 2019

For yet another consecutive year, GRATA International enters the leading legal rankings and continues to be among the most outstanding law firms in Central Asia and the Caspian region. 

18.02.2019

Guidelines for the selection of trade names of medicines and for manufacturing of finished dosage forms in the Eurasian Economic Union

The Board of the Eurasian Economic Commission (EEC) approved on 29 January 2019 the Recommendations on the Guidelines for the Selection of Trade Names of Medicinal Products and the Guidelines for Manufacturing of Finished Dosage Forms of Medicinal Products in order to eliminate differences in the requirements for the manufacturing of finished dosage forms of medicines in Eurasian Member States Economic Union (EAEU).

18.02.2019

Руководства по выбору торговых наименований лекарственных препаратов и производству готовых лекарственных форм в ЕАЭС

Коллегия Евразийской экономической комиссии утвердила 29 января 2019 г. Рекомендации о Руководстве по выбору торговых наименований лекарственных препаратов и о Руководстве по производству готовых лекарственных форм лекарственных препаратов в целях устранения различий в требованиях, предъявляемых к процессам производства готовых лекарственных форм лекарственных препаратов в государствах - членах Евразийского экономического союза (ЕАЭС).

13.02.2019

Amendments to the legislation of Kazakhstan on corporate matters

On 2 July 2018, the Law of the Republic of Kazakhstan No. 166-VI "On Amendments to Certain Legislative Acts of the Republic of Kazakhstan on Insurance and Insurance Activities, Securities Market" was adopted. Among other things, this legislative act has amended the Law of the Republic of Kazakhstan dated 13 May 2003 No. 415-II "On Joint Stock Companies" (the "JSC Law").

04.02.2019

GRATA International in China Business Law Journal: Deals of the Year 2018

We are glad to announce that one of GRATA International’s successful projects has been selected as of the winners of China Business Law Journal: Deals of the Year 2018.

31.01.2019

Kazakh government should concentrate on attracting cross-border Islamic financing

Though Kazakhstan adopted relevant legislation for domestic (such as the governed Kazakh law) Islamic banking transactions more than seven years ago and has a Muslim population of over 11 million, Islamic finance is still in the early stages of its development and Islamic products are rarely used. According to the National Bank of Kazakhstan (NBK), as of 2018, the share of Islamic banking assets account for only 0.16% of total banking sector assets in Kazakhstan. 

24.01.2019

Chairman of the Global Board and Executive Director of GRATA International Association visited Kazakhstan

GRATA International is pleased to announce that on January 18-24, 2019, Mr. Andrew Gamble and Mr. Dimitri Papadopoulos visited Almaty, Kazakhstan. 

23.01.2019

Significant developments in 2018 and 2019 in Kazakhstan: A lawyer’s perspective

The following is an outline of some of the major legal developments in Kazakhstan last year, and a selection of key changes that we anticipate for business, including Islamic finance, for this year.

23.01.2019

GRATA International contributed to the report Doing Business 2019: Training for Reform

Zulfiya Akchurina (representative of GRATA International in USA) and Mikhail Abdulov (lawyer) contributed to the report Doing Business 2019: Training for Reform.

21.01.2019

GRATA International is shortlisted for The Lawyer European Awards 2019

We are glad to announce that GRATA International has been shortlisted for Law firm of the year: Russia, Ukraine and the CIS.

10.01.2019

Almaty Light Rail Transit project in Kazakhstan

On the 29th November 2018, Almaty, the former capital and the largest city in Kazakhstan, received responses from nine international consortia, consisting of companies from Japan, France, Russia, Turkey, Spain, China and Kazakhstan, to participate in the first stage of the open tender of the Almaty Light Rail Transit (LRT) public-private partnership (PPP) project. 

10.01.2019

Российские санкции в отношении Украины: запрет на ввоз отдельных видов товаров

Постановлением Правительства Российской Федерации от 29 декабря 2018 г. № 1716-83 введен запрет на ввоз в Россию товаров, страной происхождения либо страной отправления которых является Украина или которые перемещаются через территорию Украины.

10.01.2019

Russian sanctions against Ukraine: ban on the import of certain commodities

A ban on the import into Russia of certain commodities, the country of origin of which is Ukraine or which move through the territory of Ukraine was introduced by the Decision of the Government of the Russian Federation dated 29 December 2018 No. 1716-83.

09.01.2019

Doing Business in Kazakhstan

Let us introduce you this 'Doing Business in Kazakhstan' publication prepared by GRATA International law firm. The information in the brochure is based on theoretical and practical information available as of June 2018. The content of this brochure is intended for foreign businessmen and companies seeking to do business in Kazakhstan. 

21.12.2018

Google LLC оштрафована за несоблюдение российского законодательства

26 ноября 2018 года управление Роскомнадзора по Центральному федеральному округу возбудило административное дело в отношении компании Google, LLC в связи с неисполнением компанией обязанности подключиться к федеральной государственной информационной системе, содержащей перечень информационных ресурсов, информационно-телекоммуникационных сетей, доступ к которым ограничен на территории России (ФГИС).

21.12.2018

Google LLC is fined for non-compliance with Russian law

On 26 November 2018, the Office of the Federal Service for Supervision of Communications, Information Technology and Mass Media (Roskomnadzor) in the Central Federal District initiated an administrative case against Google, LLC due to the company's failure to fulfill its obligations to connect to the federal state information system containing a list of information resources, information and telecommunication networks, access to which is restricted in Russia (FGIS ).

Yerbolat Yerkebulanov gave guest lecture at SDU

On 7 December 2018 Yerbolat Yerkebulanov, Partner of GRATA International law firm, gave guest lecture at Suleyman Demirel University in Almaty.

14.12.2018

EBRD will support development of national capital market in Uzbekistan

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.

07.12.2018

GDPR: когда контроллерам и операторам персональных данных необходимо назначать представителей в ЕС

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

06.12.2018

Yerzhan Yessimkhanov has been named among the best real estate lawyers in Who’s Who Legal 2018

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. 

05.12.2018

Chambers&Partners Asia-Pacific 2019 released

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.


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Leila Makhmetova

Counsel, Director of Environmental Law Department

Almaty

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