KAZAKHSTAN Law and Practice Contributed by: Arman Bigazin, Mikhail Abdulov, Olzhas Abubakirov and Lidiya Sayenko, Haller Lomax LLP
4. Environmental Incidents and Permits 4.1 Investigative and Access Powers The Committee for Environmental Regulation and Control (CERC) The MENR has subordinate entities, such as the Committee for Environmental Regulation and Con- trol (CERC), which is the key enforcement body that issues environmental permits and monitors and supervises environmental compliance. The CERC has departments in all regions of Kazakhstan. The CERC’s specific investigative and access powers depend on the type of environmental incident or offence. The Environmental Code does not specifically regu- late the investigative powers of the regulatory authori- ties with regard to environmental incidents when the assumed infringer is unknown. However, in practice, the CERC would respond to such incidents and its officers would visit the public place where the envi- ronmental incident occurred to collect evidence (instrumental measurements, laboratory samples, photo and video materials, witnesses’ interviews, etc). Such investigations would be initiated when the CERC reveals environmental incidents it has uncovered on its own or from publications in the mass media or on social networks, from a written or electronic complaint from individuals or legal entities, or when instructed by the prosecutor’s office. Investigative powers in respect of a specific person, as well as access powers either in the case of envi- ronmental incidents or breaches of law/environmental permits are strictly regulated under the Entrepreneurial (Business) Code, which applies to any type of state supervision of business ‒ although certain specific provisions may be found in the sectoral statutes (eg, in the Environmental Code with regard to environmen- tal compliance, or in the Tax Code with regard to tax obligations). CERC investigations There are three types of state supervision that the CERC can use to investigate a specific person. • Preventative Control Without Accessing the Site: This is conducted by analysing data obtained from the mass media, social networks, an automated
• national stakeholder collaboration; • public engagement and participation; • international co-operation; • co-operation with international organisations; • research and knowledge sharing; and • engagement in regional initiatives. 3. Environmental Protections 3.1 Protection of Environmental Assets Given its vast geographical spread, Kazakhstan has a diverse range of environmental assets. The protec- tion of these environmental assets is paramount, not just for environmental balance but also for the overall well-being of its inhabitants. The primary legal instrument is the Environmental Code, which outlines the regulatory and legal frame- work for environmental protection and use of natural resources. It encompasses multiple aspects such as air protection, water conservation, waste manage- ment, flora and fauna conservation, and more. Additionally, in Kazakhstan there is a network of pro- tected areas, including nature reserves, national parks, and wildlife sanctuaries to conserve biodiversity, natu- ral habitats, and landscapes. These areas restrict cer- tain human activities that might be detrimental to the environment, including subsoil-use activities. 3.2 Breaching Protections The consequences of breaching environmental pro- tections depend on the act committed – although Kazakh legislation more often provides for liability in the form of a fixed fine for acts committed against the environment. However, Kazakh legislation also provides for criminal liability for violations of environ- mental safety. Today, there is a growing trend in the development of Kazakhstan’s legislation towards an increase in fines and the amount of punishment for violation of natural conditions in Kazakhstan.
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