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Environmental Disputes and Regulatory Support under the Environmental Code of Kazakhstan

We defend industrial enterprises in environmental disputes and inspections — from exceeding emission and discharge limits to claims over waste management. Our team has successfully challenged the results of environmental inspections involving billions of tenge.
The current Environmental Code of the Republic of Kazakhstan has tightened the rules: operator liability has been strengthened, and new obligations have been introduced for Category I facilities. The cost of a mistake is a fine equal to the economic benefit gained — and the suspension of the enterprise's operations.

Situations Where We Step In:

  • An environmental inspection has been scheduled or a report of violations has already been issued
  • Claims have been made regarding exceedance of emission or discharge limits
  • Damage has been assessed for excess emissions or incorrect waste classification
  • The competent authority demands compensation for environmental harm or threatens suspension of operations
  • The company needs to obtain or renew an environmental permit (including for Category I facilities — CEP)
  • Environmental risks need to be assessed before a deal, production launch, or technology change

Our Approach:

  • We fully assess the legality of the inspection: identify procedural and substantive violations by the inspecting authority and seek cancellation of fines and assessments;
  • We review the validity of damage calculations and waste classification — this is where multi-billion claims most often fall apart;
  • We build a defense position with the company technical specialists: combining legal arguments with production facts;
  • We support the company at all stages — from objections to the inspection report through appeals in courts of all instances;
  • We advise preventively: Environmental Code compliance audit, support in obtaining environmental permits, risk assessment before they become fines.

Why Us

Unique Experience in Multi-Billion Environmental Disputes

Our team members have represented industrial companies in environmental disputes worth billions of tenge — including successful challenges to waste classification claims of 5.5 billion ₸ and CHP waste dusting damage of 1.2 billion ₸.

We understand the dispute from three sides: our specialists have worked in major industrial holdings, the judiciary, and government bodies. This allows us to anticipate the regulator logic and build a sustainable legal position in advance.

We assess the prospects of the dispute upfront and openly tell the client if the legal position does not allow reaching the ultimate goal.

Our Cases.
How we helped our clients
01
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16
When court decisions to invalidate transactions do not result in additional assessments
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Brief description of the case:

When a desk audit notification arrives referencing already-issued civil court decisions

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01
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16
VAT with penalties: when businesses can also claim compensation
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Brief description of the case:

Our team represented the interests of a major investor in a case reviewed by the Supreme Court of the Republic of Kazakhstan on the matter of

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01
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16
Successful court practice on VAT refunds: September 2024 results
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Brief description of the case:

In September 2024, we participated in 6 cases in first instance and appellate courts, and in all cases

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01
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16
Cancellation of additional assessments under Notification - 1.5 billion tenge
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Brief description of the case:

Comprehensive support for a client (the world's largest oil service company) during a customs audit by the territorial State Revenue Department

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01
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16
Additional assessment amount of 5.5 billion tenge excluded
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Brief description of the case:

Successfully challenged environmental inspection results regarding waste classification generated at...

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01
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16
Challenged damages for above-standard violations
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Brief description of the case:

Challenged environmental inspection results regarding dust from CHP waste, challenged damages for above-standard violations amounting to 1.2 billion tenge.

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01
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16
Peaceful settlement of dispute within court proceedings
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Brief description of the case:

Peaceful settlement of dispute within court proceedings with tax authority regarding notification recognition

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01
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16
Consulting on transfer pricing matters
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Brief description of the case:

Consulting on transfer pricing matters for transactions totaling $200 million USD.

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01
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16
Theft scheme prevented
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Brief description of the case:

Full legal support for conducting internal investigation into theft incidents at

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01
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16
Court challenge of tax authority's claim
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Brief description of the case:

Court challenge of tax authority's claim to invalidate transactions of a major trading company for procurement and sale of scrap...

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01
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16
Proved unlawfulness of tax authority demands amounting to $6 million
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Brief description of the case:

Successfully appealed tax authority demands against a major oil production company regarding historical compensation fees

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01
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16
Court decisions regarding property worth over 2.5 billion tenge overturned
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Brief description of the case:

Appeal to the Supreme Court of Kazakhstan for a foreign investor against court decisions invalidating a purchase and sale transaction

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01
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16
Customs authority claims of 156 million tenge withdrawn
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Brief description of the case:

Comprehensive audit support (consulting company personnel on audit-related matters, communications with

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01
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16
Notification for 50 million tenge cancelled
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Brief description of the case:

Prepared appeal against notification based on customs audit results and supported it at Customs Committee and State Revenue Department. As a result, cancelled

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01
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16
Additional assessments of 1.6 billion tenge cancelled
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Brief description of the case:

Company support at the Appeal Commission of the Ministry of Finance of Kazakhstan regarding appeal of customs authority actions on additional assessments

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01
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16
Customs value reassessment of 600 million KZT cancelled
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Brief description of the case:

Successful challenge of a customs reassessment of over 600 million KZT for a major retail company over the inclusion of franchise royalty payments in customs value

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When It Is Important to Reach Out

At an early stage of an inspection, opportunities for a positive outcome are significantly greater.

  • upon receiving a notice of an environmental inspection
  • upon the first document requests from the competent authority
  • before signing the inspection report — at the stage of preparing objections
  • upon receiving an order, a fine decision, or a damage calculation
  • before filing an application for an environmental permit — to avoid refusal and delays

Get an Initial Analysis of Your Situation

At a meeting or call, our specialist will:

1

assess the prospects of challenging the inspection results or claims

2

determine whether there are procedural violations by the inspecting authority

3

outline a preliminary defense strategy and next steps

The Key to Success

The key to success is experts who have stood on both sides: lawyers with experience in industrial holdings, the judiciary, and government bodies. We know how claims of an environmental inspector are formed, how damage is calculated, and which arguments the court accepts — and we build the strategy in advance.

Ruslan Sadrtdinov
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Ruslan Sadrtdinov

Director of Legal Services Department

Ruslan Sadrtdinov

Director of Legal Services Department

Over 11 years of experience. Legal support at ERG and consulting. 

Expertise: resolution of commercial, tax, customs and environmental disputes, corporate and labor law, subsoil use. Participation in legislative working groups.

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Auelbek Zinullin
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Auelbek Zinullin

Legal Services Department Manager

Auelbek Zinullin

Legal Services Department Manager

Experience at Big4, in American Bar Association international projects. Specialization: corporate and contract law, corporate structuring, litigation. Lane Kirkland Program Scholar (University of Wrocław, Poland).

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Yelena Pustovit
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Yelena Pustovit

Legal Practice Manager

Yelena Pustovit

Legal Practice Manager

12 years of experience in the prosecutor's office, including 6 years at the General Prosecutor's Office. 

Specialization: supervision of criminal cases from investigation through trial, including the highest court instance.

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Diyaz Sulaimanov
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Diyaz Sulaimanov

Legal Practice Advisor

Diyaz Sulaimanov

Legal Practice Advisor

10 years of experience, including 5 years of attorney practice. Corporate client support, criminal cases, defense of suspects and victims. International certificates from the European Center for Legal Cooperation, attorney license.

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Гүлзат Арықбаева
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Гүлзат Арықбаева

Старший консультант юридической практики

Гүлзат Арықбаева

Старший консультант юридической практики

Более 11 лет профессионального опыта в сфере юридического сопровождения бизнеса, включая работу в международных компаниях и консалтинге

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Nazmina Sarymullaeva
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Nazmina Sarymullaeva

Senior Legal Practice Consultant

Nazmina Sarymullaeva

Senior Legal Practice Consultant

Supports national holdings and foreign investors in litigation and project implementation in energy and industry sectors. Specializes in civil and administrative law, participated in developing investment legislation with the Ministry of Foreign Affairs of Kazakhstan.

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Emil Salimov
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Emil Salimov

Senior Legal Practice Consultant

Emil Salimov

Senior Legal Practice Consultant

Experience at ALC Attorneys LLP, IUSTUS Chamber of Consultants, Aktau Law Office. Expertise: corporate, labor, contract law, tax disputes.

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