KAZAKHSTAN Law and Practice Contributed by: Arman Bigazin, Mikhail Abdulov, Olzhas Abubakirov and Lidiya Sayenko, Haller Lomax LLP
In Q1 2025 alone, inspections identified 19,700 admin- istrative violations, leading to fines totalling KZT12 billion (approximately USD22 million), alongside 133 recorded environmental criminal offences. 11. Contractual Agreements 11.1 Transferring or Apportioning Liability Private parties may use contractual agreements to apportion liability for incidental damage or breaches of law, although only between themselves and by way of recourse. Such contractual arrangements do not have any binding effect or influence on the regulator. It should also be noted that Kazakhstan law does not provide for the concept of indemnities or warranties, as in many common-law countries. 12. Contaminated Land 12.1 Key Laws Governing Contaminated Land Contaminated land is regulated by the Environmen- tal Code and the Land Code. Land pollution, which creates a significant risk of harm to public health, is considered environmental damage. Causing the destruction of soils is also recognised as a form of causing environmental damage to land, along with other actions that lead to the degradation or deple- tion of soils. 12.2 Clearing Contaminated Land Remediation and the “polluter pays” principle require that a person who causes environmental damage to land is obliged to fully and at their own expense remediate the components of the natural environment that suffered environmental damage. According to the Environmental Code, the person responsible must carry out direct remediation of the damage caused to the land by restoring the land to its basic condition, or instead carry out alternative remediation by protect- ing and improving the land. In addition to direct and/ or alternative remediation, the guilty person is also obliged to take additional compensatory measures to improve the territory of the land that has suffered environmental damage.
The person responsible is required to discuss and approve the remediation programme with the MENR. Following the completion of the remediation pro- gramme by the achievement of the goals set, the per- son responsible must perform periodic monitoring of the state of the restored land. If the results of such monitoring reveal that the targets of the remediation programme have not been fully achieved, an addi- tional remediation programme will be required. 12.3 Determining Liability As described in 12.2 Clearing Contaminated Land , the person who caused the contamination is respon- sible for environmental damage. In cases where more than one party contributed to the contamination, each party responsible for the contamination is jointly and severally liable. 12.4 Proceedings Against Polluters Civil Liability See 4.1 Investigative and Access Powers . The Code on Administrative Violations provides that the CERC and its territorial departments have the authority to consider cases of administrative offences. The following officials (generally, CERC employees) are authorised to review administrative violations and impose administrative fines: • state environmental inspectors; • lead state environmental inspectors; • head state environmental inspectors of regions, significant cities, and the capital; and • head state environmental inspectors of the Repub- lic of Kazakhstan (and their deputies). See 10.1 Civil Claims . Administrative Liability 12.5 Investigating Environmental Accidents As described in 4.1 Investigative and Access Pow- ers, the investigation of environmental accidents is regulated under the Entrepreneurial (Business) Code. Preventative Control With Site Access The CERC must notify the subject (eg, the head of a legal entity or their representative) in writing about an upcoming inspection at least 30 days in advance.
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