Issues of Legal Regulations of Emissions into the Environment

2. Issues of Legal Regulations of Emissions into the Environment Abzal Kassymzhanov GRATA Law Firm Almaty, March 27 2009 .

3. Emissions into the environment • Pollutant wastes into the air • Construction and consumption wastes allocation into the environment; • Sewage wastes into water objects and land surface.

4. Emissions norms are established during the environmental norm procedure

5. Amount of emissions norsm is the basis of Environmental permits obtaining

6. Subject producing emissions has to • Obtain environmental permit for emissions; • Make payments for emissions into the budget.

7. Consumer Contractor Subject producing emissions into the environment ? Lessor Lessee ?

8. Conduct production environmental control; Subject producing emissions • Compile payments for emissions; • Provide fulfillment of emissions norms

9. The following conditions should be included in a construction contract: Contractor is obliged to obtain environment permit for emissions; 2. Contactor damage reimbursement Consumer

10. Contract on Leasing of industrial object Subject producing emissions Lessee

11. The following conditions can be included in contract for lessor’s interests protection: • LESSER is obliged to obtain environmental permit for emissions; • LESSER is obliged to make payments for emissions; emissions guidelines observance.

12. LESSOR TRANSMITION of the EIA documents and state environmental expert review LESSEE

13. Consequences of producing emissions without obtaining environmental permit • Fine at a rate of ten times payment for emission; • Damage sum reimbursement for emissions; • Administrative penalty in accordance with article 243 of the RK Code of Administrative Offences.

14. Examples of mistakes made during determination of sum of damage caused to the environment • Imposition damage sum on a subject that is not responsible for emissions (that is not obliged to obtain permit for emissions); • Misinterpretation of factual amount of emissions and emissions norms volume; • Imposition a penalty for amount of emissions that would be produced in the future without permits.

15. It is recommended to check as to whether administrative fine was imposed correctly in accordance with article 243 of the RK CAO According to article 243 of the RK CAO fine for subjects of big scale business is at the rate of 1000 % of payments for exceeding emissions • Some mistakes as violation of such rule were made in practice due to: • Incorrect calculation of emissions volume; • Unjustified increase of payment rate for emissions in accordance with article 462 of the RK Tax Code.

16. Our assistance to out clients • correct drafting of an agreement including responsibilities of parties on emission into the environment; • explaining clients who is liable for emission in each cases; • checking the eligibility of administrative fine; • checking the eligibility of estimated amount of damage caused to the environment.

17. THANKS FOR YOUR ATTENTION! Almaty, 39 A Gogol str.T. +7 7272 590 112F. + 7 7272 590 198email: info@gratanet.comwww.gratanet.com