年复一年,各公司的活动都会产生持续的环境影响。环境危害的程度,与生产率和自然资源的开发率成正比。在这一方面,哈萨克斯坦共和国对公司提出了日趋严格的环保要求。然而,此类要求有时极为苛刻,或具有歧视性。因此,在这一方面,人们需要运用特别的法律知识,来正确评估形势,并提供满意的争端解决方案。

哈萨克斯坦的法律对违反环保要求的行为实行严厉的制裁。因此,在解决任何环境争端的时候,财务因素是最重要的。

环保当局的代表经常会引发此类争端。主要问题是如何采取正确的措施,来保障地基土用户的利益。

GRATA律师事务所的专家,在保护私营公司的利益方面拥有丰富的经验,且参加过法庭听证会,并成功地阻止了管理当局的非法行为。

GRATA律师事务所的环境法部门拥有一些专业人员,他们不仅在争端解决上有着丰富的经验,而且在环境法领域具有深厚的理论基础,这对专业处理复杂的环境案例来说是必要的。

环境法部门的领导是Leila Makhmetova,她多年来一直给哈萨克斯坦人文法律大学的阿拉木图法律学院的学生上课。Leila Makhmetova是法学候选人,曾发表过50多篇专业文章。目前,她的很多学生在与执法直接相关的领域工作,包括哈萨克斯坦的法院和环保当局。

在解决与违反环境法相关的问题上,GRATA有着丰富的经验,它能为您提供一揽子的服务,帮助您的公司处理现有的环境问题,并阻止可能发生的环境问题。

在评估我们为客户所作的工作方面,效率和专业性是最重要的两大准则。希望您尽早向GRATA寻求关于环境法问题的专业法律援助,这将为您节约大量的时间和金钱,并能保护您企业的声誉。


 

小册子: 环境法(英文)

Environmental Due Diligence includes due diligence performed by our lawyers with regard to companies’ activities in connection with observance of environmental requirements, and, as a result of such due diligence, provision of legal opinions and advice. We would like to bring to your attention just a few experience examples of GRATA’s Environmental Law Department in performance of environmental due diligences:

  • performance of environmental due diligence for several mining companies (including gold-mining ones) to identify risks associated with possible environmental offences;

  • performance of environmental due diligence for international companies rendering services on oil extraction with regard to fulfillment of legal obligations and identification of business risks;

  • performance of environmental due diligence in favour of a potential buyer (a large European bank) under a large acquisition of shares transaction of a leading bank of the Republic of Kazakhstan;

  • performance of environmental due diligence of activities of a large energy corporation with regard to acquisition of the corporation’s shares by one of the European banks;

  • performance of environmental due diligence of activities of a large Russian bank with regard to compliance with environmental protection legislation;

  • performance of analysis of compliance with environmental legislation by one of the largest Kazakhstani oil companies;

  • performance of environmental due diligence of activities of uranium-mining companies in favour of a foreign global investor;

  • performance of environmental due diligence of an oil company in order to identify risks associated with possible environmental offences;

  • performance of an audit of activities of an oil company in order to reveal absence of required licenses, approvals, permits of governmental bodies in the area of environmental protection;

  • performance of environmental due diligence of a ship-owner companies group in order to identify risks associated with possible environmental offences;

  • performance of due diligence of an oil company in order to assess its compliance with subsoil use permits and approvals requirements;

  • performance of environmental due diligence of a metallurgical company in order to identify risks associated with possible environmental offences;

  • performance of environmental due diligence of activities of a Kazakhstani oil company with regard to compliance with the legislation on environmental protection;

  • performance of analysis of compliance with environmental legislation by a group of Kazakhstani copper companies.

In the course of Environmental Due Diligence lawyers study and analyze all important documents of a company regarding subsoil use and environmental protection as well as information obtained in course of negotiations. Based on due diligence, lawyers prepare accurate information on the actual state of affairs of any business (mainly companies which are subsoil users) regarding their observance of environmental requirements and norms, and provide practical advice in connection with their findings.

Environmental Disputes and Liability for Environmental Violations

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.

Legal Advice on Environmental Issues

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.

Environmental Requirements in Contractual Practice

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

Name Position Contacts
Bakhodir Jabborov Managing Partner 查询
Nurbol Kissembayev Partner, Branch Director 查询
Leila Makhmetova Counsel, Director of Environmental Law Department 查询
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31.01.2014

GRATA's Environmental Law Department has won the court proceedings for the benefit of a subsoil user

In January 2014, the Environmental Law Department has won the court proceedings for the benefit of a subsoil user. The first-instance court has denied the environmental authority to recover environmental damages caused by dust emissions.


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Leila Makhmetova

Counsel, Director of Environmental Law Department

Almaty

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