Environmental requirements are imposed by Kazakhstani legislation not only on business activities in general but also on specific raw materials, products, and equipment. It should be noted that these requirements are imposed generally to suppliers or contractors who manufacture or sell certain products, raw materials, or equipment. However, violation of certain requirements may obstruct the use of such goods by entities that purchase them.

For instance, the import and export of ozone-destroying substances and products that contain such substances; performing work activities using ozone-destroying substances; and the repair, assemblage, and maintenance of equipment containing such substances are allowed only under a special permit from environmental authorities. For unimpeded use, it is necessary to demand a certificate of conformity issued by an accredited authority in the Republic of Kazakhstan or a foreign company from the seller in advance. The certificate should be recognised in the Republic of Kazakhstan in the manner prescribed by law. The lack of such a certificate may result in a ban on import by a buyer of the purchased equipment to the Republic of Kazakhstan.

Sometimes non-compliance of materials or equipment with environmental requirements can result not only in the impossibility of use but also in holding a buyer legally liable for the simple storage of such substances. For example, sometimes it is discovered that construction materials don’t comply with radiation safety standards after they’ve been purchased. The storage of unused materials means there is a risk that their owner can be held responsible for any environmental damage. For this reason, companies may need the following legal services when signing and executing agreements::

  • development of a complete list of environmental requirements of Kazakhstani legislation, which are imposed on import, export from the Republic of Kazakhstan, storage, operation or disposal of certain kind of products, materials or equipment;
  • analysis of agreements and assessment of legal consequences of their implementation, which may arise from environmental requirements of Kazakhstani legislation to products, materials, and equipment;
  • development of a complete list of permits required for import, export from the Republic of Kazakhstan, storage, operation or disposal of certain kind of products, materials or equipment.

GRATA International has considerable experience in rendering such services, and will be happy to provide assistance for your business.

  • analysis of provisions of the EPC Contract for compliance with requirements of environmental legislation of the Republic of Kazakhstan.

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23.05.2018

GRATA International took part in 12th Azerbaijan International Agriculture Exhibition

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.

23.05.2018

GRATA International took part in AmCham Members May Luncheon

AmCham Members May Luncheon was held on 3 May 2018 and was attended by Mr. Emil Bashirov the Lawyer, GRATA Azerbaijan.

23.05.2018

GRATA International took part in SOCAR III International Caspian and Central Asia Downstream Forum

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. 

23.05.2018

GRATA International gave a presentation on “Doing Business in 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).

23.05.2018

The Polish law considerations: advance amount versus earnest money. Recovery of an amount by the purchaser

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).

23.05.2018

Business Constitution – opening of the Polish administration towards entrepreneurs

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.

22.05.2018

Basic legal aspects of branch and representative office activity 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. 

22.05.2018

Determination of the lease price of roofed work place within the scope of Turkish Law

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.

22.05.2018

Legal Summary on Electronic Money Regulation in Mongolia

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.

18.05.2018

Can Islamic finance solve Kazakhstan’s renewable energy growth problems?

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.

16.05.2018

GRATA International won China Business Law Journal's ‘Deals of the year 2017’ award

GRATA International has been recognised for its Deal of the Year 2017 by China Business Law Journal.

11.05.2018

Kazakhstan: insurance market overview

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”). 

11.05.2018

Gulnur Nurkeyeva gave a speech on "The Second Global Law Firm Cooperation Forum and Lawyers' Private Advisory Board Conference"

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.  

11.05.2018

GRATA International took part at the English Law Summit

On 23-25 April, the English Law Summit was held in Astana and Almaty, where GRATA International Law Firm took an active part.

04.05.2018

Kazakhstan: Introduction of user identification requirements aimed at regulating mass media

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.

28.04.2018

Kyrgyzstan: Insurance Market Overview

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.

28.04.2018

Medical Advertising in Mongolia

The Law on Advertising (2002) and Law on Medicines and Medical Devices (2010) are main laws to regulate advertising of medicines in Mongolia.

26.04.2018

GRATA Intenational was appointed as a Member of the AIFC Court Users' Committee and the International Arbitration Centre Users' Committee

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.

26.04.2018

Implementation of projects in the area of Renewable Energy Sources (RES)

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.

26.04.2018

Gold Rush coming to Kazakhstan?

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.

25.04.2018

Yerbolat Yerkebulanov spoke on “Novelties in the Subsoil Code for Petroleum Subsoil Users”.”

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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Leila Makhmetova

Counsel, Director of Environmental Law Department

Almaty

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