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Environmental Offences and Regulatory Provisions in Kazakhstan
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Main Regulatory Provisions and Authorities
The main regulatory provisions relating to environmental offences in Kazakhstan include:
- Mining Code: provides measures and requirements regarding mining, evaluating the influence on environment, using water resources, or carrying out recultivation works.
- Law on Evaluation of the Influence on Environment: evaluates the impact of activities on the environment and ensures that they are carried out with minimal harm to the environment.
- Water Code: regulates the use of water resources and provides measures for preventing pollution.
Specific Offences Relating to the Environment
The Criminal Code of Kazakhstan provides for the following environmental crimes:
- Breach of Environmental Safety Rules: when implementing work, individuals or organizations must comply with established safety rules to prevent harm to the environment.
- Wilful Distortion or Concealing Information on Environmental Pollution: intentionally providing false information about environmental pollution is a crime.
- Failure to Take Measures to Eliminate the Consequences of Environmental Pollution: individuals or organizations are required to take measures to mitigate the effects of environmental pollution.
- Breach of Safety Rules when Handling Dangerous Chemical and Biological Materials and Waste: proper handling procedures must be followed to prevent harm to humans, animals, and the environment.
- Breach of Safety Rules for Handling Chemical or Bacteriological Agents or Poisonous Materials: strict safety protocols are in place to handle these substances safely.
- Breach of Established Veterinary Rules or Rules Against Plant Diseases and Vermin: regulations must be followed to prevent animal and plant diseases, as well as vermin infestations.
- Pollution of Water: harming water resources through pollution is a crime.
- Pollution of Air: polluting the air with harmful substances is a criminal offense.
- Pollution of Soil: intentionally polluting soil with hazardous materials is a crime.
- Breach of Rules for Protection and Use of Soil: regulations must be followed to prevent soil degradation.
- Illegal Tree and Bush Cutting: cutting trees or bushes without permission is prohibited.
- Illegal Harvesting of Water Flora and Fauna: collecting water plants and animals without authorization is a crime.
- Other Crimes: additional environmental crimes may apply.
Defences or Exemptions
General defences are applicable, but there are no specific exemptions for environmental offences.
Authorities with Powers of Prosecution, Investigation, and Enforcement
See Question 4 for information on the authorities responsible for prosecution, investigation, and enforcement in cases of environmental offences.
Decision to Charge and Disposal Methods
See Question 5 for details on which authority makes the decision to charge and the conditions of alternative methods of disposal.
Penalties for Environmental Offences
There are no specific sanctions for environmental offences. The Criminal Code provides for a range of penalties, including fines and imprisonment, depending on the severity of the offence.
Safeguarding Conduct of Investigations and Appeals Process
See Question 7 for information on measures to safeguard the conduct of investigations, as well as the process of appeal and judicial review.