Environmental Legislation in Kazakhstan: Legal and Financial Risks for Business
On December 5, 2025, a roundtable titled “Problematic Issues of Environmental Legislation: Legal Norms, Implementation, and Judicial Practice” was held in Astana. The event brought together representatives of the legal community, consulting businesses, industry experts, and practicing professionals. The roundtable served as a platform for open professional dialogue on key issues of environmental regulation in the Republic of Kazakhstan.
The main objective of the event was a comprehensive discussion of recent changes in environmental legislation, the specifics of their application, as well as the legal and financial risks faced by operators of Category I–III facilities amid the reform of the environmental control system.
Environmental Payments: Increased Burden and Legal Uncertainty
One of the central topics of the discussion was environmental payments and their gradual increase. Experts noted that as of January 1, 2025, new regulations came into force providing for a twofold increase in payment rates for all categories of operators, as well as the introduction of so-called “increasing coefficients” for Category I facilities. In addition, further increases in rates are planned starting from 2028, which will significantly increase the financial burden on businesses.
Participants emphasized that the simultaneous application of provisions of the Environmental Code and the Tax Code creates legal uncertainty and complicates law enforcement practice, requiring clearer and more coordinated explanations from authorized state bodies.
Administrative Fines and Environmental Control
A separate discussion block was devoted to issues related to the calculation of administrative fines and determining the period for which they should be applied. Experts reviewed changes in approaches following the repeal of Government Resolution No. 535, as well as disputes arising in practice between business entities and supervisory authorities.
It was noted that industrial environmental control, which is mandatory for operators of Category I and II facilities, should be viewed not only as a formal oversight tool, but also as an important mechanism for managing environmental risks and forming an evidence base during inspections and court proceedings.
One of the key issues discussed was the planned amendments to the Environmental Code of the Republic of Kazakhstan, under which the period of exceeding established standards will be calculated from the date of the last state inspection rather than from the date of production environmental control.
Transition to Comprehensive Environmental Permits (CEP)
Participants paid significant attention to the transition to comprehensive environmental permits (CEP). Experts pointed out objective challenges in implementing this institution, including tight deadlines, delays in approving Best Available Techniques (BAT) reference documents, and the parallel operation of “old” and “new” environmental regulation mechanisms.
At the same time, it was emphasized that obtaining a CEP can significantly reduce the payment burden on businesses. However, failure to achieve established environmental performance indicators may result in the application of increasing coefficients and retrospective assessment of payments.
Environmental Disputes and the Principle of Protection of Legitimate Expectations
The roundtable also addressed issues of judicial practice in environmental disputes, including the delineation of jurisdiction between civil, administrative, and criminal cases. Particular interest was drawn to the application of the principle of protection of legitimate expectations, enshrined in the Administrative Procedural and Process-Related Code of the Republic of Kazakhstan.
Participants noted the lack of a unified judicial approach to applying this principle and highlighted the need for further clarification, including through the development of subordinate regulations and clarification of criteria for refusing its application.
Conclusions
Following the roundtable, participants agreed that the further development of environmental legislation should be accompanied not only by stricter requirements, but also by legal certainty, transparency of regulatory procedures, and a balanced consideration of the interests of the state, society, and business.
The discussion became a significant expert platform for exchanging practical views and developing proposals aimed at improving law enforcement and judicial practice in the field of environmental law.
For consultation and cooperation:
+7 701 570 7243 - Ruslan Sadrtdinov
r.sadrtdinov@fortunepartners.kz
