KAZAKHSTAN Law and Practice Contributed by: Arman Bigazin, Mikhail Abdulov, Olzhas Abubakirov and Lidiya Sayenko, Haller Lomax LLP
Haller Lomax LLP Office 221, AIFC 55/18 Mangilik El Avenue, C3.3.
Astana City Kazakhstan Tel: +7 701 555 38 21
Email: info@hallerlomax.com Web: www.hallerlomax.com
1. Regulatory Framework and Law 1.1 Environmental Protection Policies, Principles and Laws The Constitution of the Republic of Kazakhstan The environmental policy and law in Kazakhstan are based on the Constitution, which specifies that the state shall aim to protect the environment in favour of human life and health (Article 31) and that every citi- zen is obliged to safeguard nature and protect natural resources (Article 38). Unlike those of many European jurisdictions, the Constitution of Kazakhstan does not contain any greater detail in terms of environmental protection or sustainable development ‒ although the Preamble refers to “realising our high responsibility before the present and future generations”. Key Environmental Laws The main legal act for the protection of the environ- ment in Kazakhstan is the Environmental Code of the Republic of Kazakhstan (the “Environmental Code”), which was adopted on 2 January 2021 and became effective on 1 July 2021. The Environmental Code consists of three parts: • the General Part ‒ containing goals, principles, key definitions and other general provisions, as well as provisions on the main regulatory tools (such as environmental impact assessments, environmental permits, environmental damage, public monitoring and control, etc); • the Particular Part ‒ regulating specific subject matter, such as the protection of ambient air, land, forests, wildlife, climate, greenhouse gases, and waste; and
• the Special Part ‒ containing basic provisions on international co-operation and environmental liabil- ity, final and transitional provisions, as well as four annexes. The Environmental Code is the cornerstone of envi- ronmental policy and law, but certain specific environ- mental regulations are also dispersed in other laws. By way of example, certain issues related to the use of natural resources (if not conflicting with the Environ- mental Code) are regulated by the Law on Specially Protected Natural Areas, the Water Code, the Land Code, the Forest Code, the Subsoil Use Code, the Law on the Protection of Wildlife and other laws. The administrative procedures in relation to environmental protection are also regulated by the Entrepreneurial (Business) Code and the Administrative Procedural and Process-Related Code. Kazakhstan is also a party to and has ratified many international treaties in the environmental field, includ- ing: • the Stockholm Convention on Persistent Organic Pollutants; • the Basel Convention on the Control of Trans- boundary Transportation of Hazardous Wastes and their Disposal; • the Rio Convention on Biological Diversity; • the Aarhus Convention on Access to Informa- tion, Public Participation in Decision-Making and Access to Justice in Environmental Matters; • the Montreal Protocol on Substances that Deplete the Ozone Layer; • the Paris Agreement; and
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