[194] ҚР 1998 жылғы 24 наурыздағы №213 «Нормативтік құқықтық актілер туралы» Заңының 1 бабы 8 тармағына сәйкес заңдылық актілер деген мағына: конституциялық заңды; Қазақстан Республикасы Президентінің заң күші бар Жарлығын; кодексті; Қазақстан Республикасы Парламентінің қаулысын; Сенат пен Мәжілістің қаулыларын білдіреді. [195] ҚР 1996 жылғы 27 қаңтардағы №2828 «Жер қойнауы және оны пайдалану туралы» Заңның 1 бабы 26 тармағына сәйкес жалпыға танымал пайдалы қазбалар деген мағына пайдалы қазба (топырақ, саз, қиыршық тас және басқалары) білдіреді, олар табиғи күйде немесе кішігірім өңделіп, негізінен жергілікті шаруашылық мұқтажға пайдаланылады. [196] This classification offered in “Baker and McKenzie: International Commercial Arbitration. States of the Central and Eastern Europe and the CIS”. [197] As worded in the ROK Law dated 1 December 2004. [198] As worded in the ROK Law dated 1 December 2004. [199] Oil operations - work on exploration, production, construction and/or operation of underground oil storages and tanks conducted on land, within rivers, lakes and other internal water reservoirs, as well as oil offshore operations (see Article 1.20 of the Law “On Petroleum”). [200] See for more detail “Scientific commentary of Article 53-1 of the Law “On Petroleum”, Yu.G.Basin and M.K.Suleimenov, KPLA magazine “Subsoil Use and Law”, #1, 2005, Almaty, “Complex”. [201] See “Rules of Acquisition of Goods, Work and Services in Oil Operations” approved by the ROK Government Resolution #612 dated 7 June 2002. [202]For example, “Technological scheme of oil field development”, “Oil field development project”, “Oil field construction project”, “Sanitary protective zone of an industrial facility” etc. [203] Sulfur - the chemical element (S) marked under the number 16 in Mendeleyev's periodic table. [204] N.S.Kasimov, A.N.Gennadiev and M.J.Lychagin, An Ecogeochemical Evaluation of the Storage Conditions of Block Sulfur, Moscow State University, 2004. [205] Sulfuric anhydride having the chemical formula SO3 is, at room temperature, a colorless hazardous liquid. [206] Sulfur dioxide having the chemical formula SO2 is a colorless hazardous gas with aggressive odor, which is derived from the burning of sulfur. [207] Hydrogen sulfide having the chemical formula H2S is a colorless hazardous gas with a characteristic rotten-egg odor. [208] Mercaptans are organic compounds having a distinct aggressive odor. [209] Mineral deposits are nonorganic or organic mineral formations in the Earth's crust, whose chemical and/or physical properties make it possible to use them in material production. [210] ROK Government Decree 1154 “Concerning the Approval of the Regulations Governing the Granting of Environmental Pollution Permits” dated 6 September 2001. [211] The countries signing the Intergovernmental Standard (GOST 127.1-93) includes Armenia, Belarus, Kazakhstan, Russian Federation, Turkmenistan, Uzbekistan, and Ukraine. [212] See the ROK Law No. 525 dated 3 February 2004. [213] Yu.G. Basin, Legal Opinion, which, in particular, offers a legal assessment of the ROK Government Decree 1154 “Concerning the Approval of the Regulations Governing the Granting of Environmental Pollution Permits” dated 6 September 2001, Transactions of the Law Firm Aequitas, 2002. [214] According to paragraph 47, Article 1 of the ROK Law No. 2828 «On Subsoil and Subsoil Use» dated 27 January 1996, «technogenic mineral formations» are defined as «accumulations of mineral formations, mined rock, liquids or mixtures containing useful components being the wastes of mining or dressing works, metallurgical or other types of production operated by subsoil users». [215] See Resolution No. 265-3 of Atyrau Oblast Maslikhat (regional legislative assembly) dated 30 November 2005. [216] According to Paragraph 8, Article 1 of the ROK Law No. 213 «On Normative Legal Acts» dated 24 March 1998, «legislative acts» include the following: constitutional law; decree of the Republic of Kazakhstan President having the force of constitutional law; code; law; decree of the Republic of Kazakhstan President having the force of law; resolution of the Republic of Kazakhstan Parliament; resolutions by the ROK Senate or Majlis. [217] N.S.Kasimov, A.N.Gennadiev and M.J.Lychagin, An Ecogeochemical Evaluation of the Storage Conditions of Block Sulfur, Moscow State University, 2004. [218] See Chapter 47 of the ROK Civil Code. [219] See Article 29 and Chapter 18 of the ROK Law No. 160 «On Environmental Protection» dated 15 July 1997. [220] See Chapter 83 of the ROK Code «On Taxes and Other Compulsory Payments to the Budget». [221] The 2002 Civil action initiated by the ROK Supreme Court following TCO’s petition against the ROK Government seeking recognition as partly invalid of the “Regulations Governing the Granting of Environmental Pollution Permits” as approved by the ROK Government Decree 1154 dated 6 September 2001. [222] According to paragraph 3 of the Regulations Governing the Granting of Environmental Pollution Permits as approved by the ROK Government Decree 1154 dated 6 September 2001, the «Permit» is defined as a document certifying the nature user’s right to produce atmospheric emissions of pollutants from stationary or mobile sources or discharge pollutants together with wastewater or the right to place production and consumption wastes, including temporary-storage products and materials, showing the times and volumes and the standards and conditions governing the nature use. [223] ADEP’s civil action against TCO adjudicated by Atyrau Oblast Court in 2002. [224] ROK Ministry of Environmental Protection [225] As the specifics of that arbitration cannot be made public without the consent of the parties to the dispute and the arbitrator, the above example only describes some general facts of the dispute without referencing the details of the case or the names of the parties involved. [226] Ye.N. Nurgaliyeva, O.T. Serikov: Employees' Labor Regulation through Collective Agreements (in the RK Oil and Gas Sector), 2002. Ғылым Scientific Publishing Center. [227] The European Energy Charter was adopted pursuant to the Final Act of the Hague Charter Conference on December 17, 1991, in the Hague. [228] Note that the above is a free interpretation of Article 11 of the Energy Charter Agreement that conveys the meaning of its provisions. [229] See Article 3 of the above RK President's Decree. [230] See Article 6 of the above RK President's Decree. [231] See Article 6 of the above RK President's Decree. [232] Per Article 4 of the above RK President's Decree, foreign citizens and stateless persons who have been granted an appropriate permission and residence permit issued by the internal affairs agencies are deemed to be permanent residents of the Republic of Kazakhstan. [233] See Article 6 of the above RK President's Decree. [234] These Rules… are also an official addendum to the RK Government's Resolution of March 17, 2004, #332, On Amending the RK Government's Resolution dated June 19, 2001, #836. This fact reflects the flaws in the lawmaking process of the Government agencies, since the same legislative act is a part of two Government resolutions. [235] These Guidelines… were registered with RK Ministry of Justice on Feb. 10, 2003, #2162. [236] These Guidelines… were registered with RK Ministry of Justice on June 3, 2004, #2889. [237] Clause 4, Article 2 of the RK Law On Licensing states that a license is a permit issued by an appropriate authorized Government Agency to a legal or physical entity for a specific activity or specific acts (operations). [238] A legal or a physical entity (see Clause 1 of the Rules for Granting Licenses for Activities Related to the Foreign Labor Engagement, and Labor Export from the Republic of Kazakhstan approved by the RK Government's Resolution dated June 25, 1999, #862). [239] Sub-Clause 4, Clause 2, Chapter 1 of The Rules for Establishing Quota, Terms and Conditions, and Procedures for Granting the Permits to Employers Authorizing the Foreign Labor Attraction to the Republic of Kazakhstan states that a permit is a document in the established format issued by an authorized agency to an employer that determines the amount of foreign labor to be attracted to the Republic of Kazakhstan under the quota distributed by the central executive body. [240] See Clause 2 of The Rules for Establishing Quota, Terms and Conditions, and Procedures for Granting the Permits to Employers Authorizing the Foreign Labor Attraction to the Republic of Kazakhstan approved by the RK Government's Resolution dated June 19, 2001, #836, On Measures to Implement the RK Law dated January 23, 2001, On the Population Employment. [241] See Clauses 15-20 of The Rules for Establishing Quota, Terms and Conditions, and Procedures for Granting the Permits to Employers Authorizing the Foreign Labor Attraction to the Republic of Kazakhstan approved by the RK Government's Resolution dated June 19, 2001, #836, On Measures to Implement the RK Law dated January 23, 2001, On the Population Employment. [242] Part 1, Article 11 of the RK Civil Code states that the Republic of Kazakhstan can be a party to a relationship governed by the Civil Law, on a par with other participants of such relationship. [243] See the RK Cabinet of Ministers' Resolution dated Dec. 3, 1993, #1215 On Setting Up International Consortium to Assess the Oil and Gas Potential of the Kazakhstani Sector in the Caspian Sea (the April 28, 1994, version of the RK Cabinet of Ministers' Resolution #441). [244] This Law became invalid as per the Resolution of the Supreme Council of the Republic of Kazakhstan dated Dec. 27, 1994. [245] This Law became invalid as per the RK Law dated Dec. 30, 1998, #342. [246] See the no longer effective Rules for Foreign Citizens' Stay in Kazakhstan approved by the RK Cabinet of Ministers' Regulation dated March 10, 1993 (the Dec. 30, 1998, version); See the no longer operative Guidelines on the Procedures to Issue the RK Visas of June 24, 1993, approved by a joint order of the RK Ministry of Foreign Affairs and the RK Minister of Internal and endorsed by the RK National Security Committee. [247] «Oil & Gas Kazakhstan. Global Securities», October 1997. [248] “Concession” (Latin concession - a granted permit, compromise) - provision by the state of a part of its natural resources, enterprises, technological complexes and other facilities to a foreign or national legal entity. Legal encyclopedia edited by A.Ya.Sukhareva, Moscow, 1999, “INFRA-M” Publishing house. [249] “National security” in conformity with Article 1 of the ROK Law “On National Security” #233 dated 26 June 1998 means “the state of protectability of the country’s national interests from real and potential threats”. “Environmental security” in conformity with Article 1 of the ROK Environmental Code dated 9 January 2007 means “the state of protectability of vitally important interests and rights of individual, society and state from threats resulting from anthropogenic and natural impacts on the environment”. [250] Please see Legal opinion, Yu.G.Basin, where, in particular, a legal assessment is given of the “Rules for Issuing Permits for Environmental Pollution” approved by the ROK Government Resolution #1154 dated 6 September 2001, “Aequitas” law firm works, 2002. [251] According to item 52 of Article 1 of the ROK Law “On Subsoil and Subsoil Use” #2828 dated 27 January 1996 “man-made mineral formations” mean “conglomeration of mineral formations, rock masses, liquids and mixtures containing useful components that are wastes from mining and enriching, metallurgical and other types of subsoil users’ production”. [252] Pursuant to item 8 of Article 1 of the ROK Law “On Regulatory Legal Acts” #213 dated 24 March 1996 “legislative acts” mean: constitutional law, Presidential Decree of the Republic of Kazakhstan having the force of law; code; law; the Republic of Kazakhstan Parliament Resolution; Resolutions of Senat and Majlis”. [253] According to Item 26 of Article 1 of ROK Law “On Subsoil and Subsoil Use” #2828 dated 27 January 1996 “common minerals” mean minerals (sand, clay, gravel etc.) used in their natural condition or with insignificant processing and cleaning for satisfaction of mainly local household needs”. [254] Mining allotment” is a document graphically and descriptively defining an area of subsoil on which a subsoil user is entitled to carry out production, construction and/or operation of underground installations not associated with exploration and/or production, and which is an integral part of a production contract, combined exploration and production, construction and/or operation of underground installations not associated with exploration and/or production; production of common minerals or an independent document in the event of documenting a servitude (Item 50 of Article 1 of the ROK Law “On Subsoil and Subsoil Use” in the wording as of 12 January 2007). [255] “Geological allotment” is an attachment to the Exploration, Combined Exploration and Production Contract that is an integral part of the part schematically and descriptively determining a part of subsoil on which a subsoil user is entitled to conduct exploration (Item 3 of Article 11 of the ROK Law “On Subsoil and Subsoil Use” in the wording as of 12 January 2007). [256] “Neocomian deposits” represent a lower part (horizon) of the Cretaceous period (please see “Dictionary of Oil and Gas Industry Terminology”, Dalls/Kyiv, 1995, “Albion Woods Publisher”. [257] For instance, the “EIA Project” - for Tengiz field; for infrastructure facilities (territory of offices, housing complex in Atyrau and Tengiz; for railway oil loading racks; for industrial waste water injection; for future solid household waste disposal yard; for the expansion project of industrial complexes KTL-2 and KTL-3 etc. [258] Please see ROK Laws - #381 dated 11 May 1999; #467 dated 11 August 1999; #2 dated 1 December 2004; #13 dated 20 December 2004; #79 dated 14 October 2005; Law dated 31 January 2006; #209 dated 29 December 2006; Law dated 9 January 2007; #226 dated 12 January 2007 etc. [259] Please see the ROK Law “On Environmental Protection” in the wording as of 15 July 1997 and in the wording as of 9 December 2004; ROK Environmental Code dated 9 January 2007. [260] As in force of January 30, 2001: “Article 243. Excessive atmospheric emissions or pollutant emissions without permits” stated “Emissions in excess of maximum permissible emissions or temporarily approved atmospheric pollutant emissions, excessive adverse impacts and atmospheric pollutant emissions without permits from the authorized state agencies, if such actions do not have an element of a criminal offense are subject to a fine imposed on the officials in the amount up to twenty monthly calculation indices, and on legal entities in the amount of one hundred monthly calculation indices.” [261] As in force of December 5, 2003: “Article 243. Excessive atmospheric emissions and waste water discharges or pollutant emissions, waste water discharges, disposal of industrial and domestic wastes without permits” stated: “Emissions in excess of maximum permissible emissions, discharges, permissible physical impacts, and atmospheric pollutant emissions, waste water, disposal of industrial and domestic wastes without permits from the authorized state agencies, if such actions do not have an element of a criminal offense are subject to a fine imposed on the officials in the amount up to twenty monthly calculation indices, and on legal entities in the amount of one hundred monthly calculation indices.” [262] Hereinafter the exchange rate is $1 = KZT 120. [263] In the version of January 9, 2007: “Article 243. Environmental emissions in excess of the limits established in the environmental permit or absence of environmental permit if such actions do not have an element of criminal offence - shall be subject to a fine on individuals in the amount of five through ten MCI's, on officials, individual entrepreneurs, legal entities which are small and medium businesses, - in the amount of twenty through fifty MCI's, on legal entities that are large businesses, - in the amount of one thousand percent of the rate of charge for excessive environmental emissions.” [264] See Article 206 of CAO RoK: “Failure to Submit a Tax Statement As Well As Documents Required for Carrying Out Monitoring of a Tax-Payer”. See Article 209 of CAO RoK: “Under-declaration of Amounts of Taxes and Other Obligatory Payments to the Budget”. [265] See Article 250 of CAO RoK: “Land Deterioration”. See Article 261 of CAO RoK: “ Violation of the Rules for Disposal of Production and Consumption Wastes and Waste Water Discharge” [266] Hereinafter examples are given from the practice of the Atyrau Oblast courts.
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