Summary of Lawsuits in 2015 by the Ecological Society Green Salvation

SECTION No.1

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No. 1
Case about acknowledging the conclusion of the state environmental assessment to be invalid and about stopping the enterprise’s activity (See case No.04, 2014).

The lawsuit in the interest of residents of Velikolukskaya street is filed on November 4, 2013, to the Specialized Inter-regional Economic Court (SIEC) of the city of Almaty.
Department of Natural Resources and Nature Management of the city of Almaty was brought to trial as a defendant.
Legal violations:
1) violation of the Rules of conducting of Environmental Assessment;
2) violation of the Rules of conducting of Public Hearings.
Demands:
1. To acknowledge the conclusion of the state environmental assessment on the project -“Environmental Impact Assessment” of a production workshop for manufacturing of external advertisement – to be invalid.
2. To oblige the Department of Natural Resources and Nature Management Regulation of the city of Almaty to recall the issued conclusion and to ban the enterprise’s activity which causes a negative impact on the environment and the residents’ health.
On December 3, a petition is submitted to the Supreme Court Review Board on Civil Affaires.
On January 15, 2015, the Board denied initiating a review procedure.
The case is closed. The violations are not eliminated.

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No.2
Case about acknowledging a conclusion of the state environmental assessment to be invalid and ceasing the enterprise’s activity. (See case No. 05, 2014)

The statement in the interests of the residents of Bokeykhanov street is filed to the Bostandyk District Court on March 26, 2014.
Department of Natural Resources and Nature Management of the city of Almaty was brought to trial as a defendant.
Legal violations:
1) violation of the Rules of conducting of Environmental Assessment;
2) violation of the Rules of conducting of Public Hearings.
Demands:
1. To acknowledge the conclusion of the state environmental assessment dated on 28.10.2013 on the project “Environmental impact assessment” for an oil change facility located in the city of Almaty on Bokeykhanov street, issued by the municipal state enterprise (MSE) “Department of Natural Resources and Nature Utilization Regulation of the city of Almaty” to be invalid.
2. To oblige the MSE “Department of Natural Resources and Nature Utilization Regulation of the city of Almaty” to recall the issued conclusion and ban the oil change facility’s activity, which has a negative effect on the environment and the residents’ health.
On January 13, 2015, a petition is filed to the Supreme Court Review Board on Civil Affaires with a request to review all court acts made for this case, as a way of control.
On March 5, the Review Board denied initiating a review procedure.
The Board justified its denial by arguments contained in the court acts which were challenged by the claimants. Norms of the Environmental Code are interpreted at their own choosing. The judges ignored abuse of authority committed by the defendant. The Board did not take into account a decision of the court on the lawsuit by the Department of Emergencies of the city of Almaty, which was made in relation to a violation of the fire safety requirements by the defendant: lack of fire protection gap.
The case is closed. Violations are not eliminated.

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No.3
Case about acknowledging a conclusion of the state environmental assessment to be invalid and about recalling it. (See case No.07, 2014)

The lawsuit against the municipal state enterprise (MSE) “Department of Natural Resources and Nature Utilization Regulation of the city of Almaty” in the interests of the residents of the city of Almaty is filed to the Bostandyk District Court of the city of Almaty on June 4, 2014.
Department of Natural Resources and Nature Management of the city of Almaty was brought to trial as a defendant.
Legal violations:
1) violation of the Rules of conducting of Environmental Assessment;
2) violation of the Rules of conducting of Public Hearings.
Demands:
1. To acknowledge the conclusion of the state environmental assessment of the project “Environmental impact assessment” for multi-apartment residential complex of economy class dated on 30.01.2014 conducted by the Department of Natural Resources and Nature Utilization Regulation of the city of Almaty to be invalid.
2. To oblige the Department of Natural Resources and Nature Utilization Regulation of the city of Almaty to recall the conclusion of the state environmental assessment.
On November 4, the Board started reviewing the appeal. The review was postponed, in order to solve a question about appointing an independent environmental assessment group.
On November 11, the judge made a determination satisfying the petition of the claimant about appointing an independent environmental assessment.
On January 20, 2015, Almaty City Court’s Appeal Board denied satisfying the claim as if the claimant “did not present convincing evidence regarding invalidity of the conclusion of the state environmental assessment.”
On March 3, a claim was filed to the Almaty City Court’s Cassation Board.
On April 9, the Cassation Board denied satisfying the claim explaining the denial as if the claimants “did not present the court with objective and reliable evidence.”
On July 10, a petition is filed to the Supreme Court Review Board on Civil Affaires with a request to review all legal acts made regarding this case in an order of inspection.
On September 3, the Review Board denied initiating a review procedure.
The Board explained the denial using the arguments stated in the court actions which were disputed by the claimants earlier. Norms of the Environmental Code regarding Environmental Assessment are interpreted at their own choosing. Articles 278 and 279 of the Civil Procedural Code about disputing actions (or lack of actions) of a state authority, local governing institutions in court and Decree of the Supreme Court dated on December 20, 2010 about application of these articles are also interpreted at their own choosing. The Board did not follow the requirements of the paragraph 3 of the Article 9 of the Aarhus Convention, which states that “each Party shall ensure that, …members of the public have access to administrative or judicial procedures to challenge acts and omissions by private persons and public authorities which contravene provisions of its national law relating to the environment.”

The case is closed. Violations are not eliminated.

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No.4
Case about inaction of state authorities which lead to a serious deterioration of ecological situation and violation of human rights on favorable environment. (See case No. 08, 2014)
The lawsuit in the interests of residents of Panfilov village, Talgar District, Almaty Oblast, is filed to the Talgar District Court on July 21, 2014.
Akimat of the town of Panfilov, Department of protection of consumers’ rights in Talgar District, and Akimat of Almaty oblast were brought to trial as defendants.
Legal violations:
1) failure to act in providing ecological and sanitary and epidemiological well-being of the town residents by the authorities;
2) violation of the citizens’ rights on favorable environment.
Demands:
1. To acknowledge the failure of the authorities to perform their responsibilities in providing ecological and sanitary and epidemiological well-being for the residents of Panfilov village – to be inaction.
2. To oblige the defendants to take measures for liquidation of illegal dump sites, demolition of unfinished buildings, bringing the land plots in compliance with the requirements of the Land and Environmental Codes, reconstruction of the central road and lighting of the village.
3. To oblige the Head of the Panfilov Police Department to take measures, in order to find persons who violate the sanitary conditions and to make them accountable.
On September 10, because of a written statement from the Akimat of the rural district to the Talgar Akimat requesting means allocation to get the things in the village in order and beginning of works on providing ecological and sanitary and epidemiological wellbeing, the case was suspended by a statement from the claimants. This statement allows re-applying to the court with the same lawsuit.
Partially, the akimat fulfilled the demands of the residents. Several streets were paved. Because of changes in personnel inside the akimat of the village, further implementation of the residents’ demands will be assigned to the new management of the akimat. In case of a failure to perform their official duties, the court case will be resumed.
The case remains open. Partially, the violations are eliminated, the case is under control.

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No. 5
Case about violation of citizens’ rights on favorable environment resulted from violation of requirements of the environmental, urban planning, and sanitary and epidemiological legislation of the Republic of Kazakhstan.
The lawsuit in the interests of the residents of Khozhamyarov street is filed to the Almaly District Court No.2 of the city of Almaty on March 6, 2015.
“Electrocabel plant” Ltd. and the Department of Natural Resources and Nature Management of the city of Almaty were brought to trial as defendants.
Legal violations:
1) As a result of construction along a river bank, citizens’ rights on favorable environment were violated:
– a part of one of the resident’s private property was buried under construction waste;
– a spring flow into the river was covered by the construction waste which resulted in bogging of a part of the private property.
Demands:
1. Charge penalties for causing moral harm;
2. Oblige defendants to:
– clear the private property from the waste;
– remove the construction and other waste from the site;
– clear the spring flow.
On April 8, the first court hearings took place.
On April 21, a field court meeting took place.
Because of new circumstances on the case, the claimants submitted a statement about leaving the lawsuit without a trial which was satisfied by the court.
The case is closed. The violations are not eliminated.

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No.6
Case about failure of a state organ to provide environmental information about construction of a bridge and a road near an archeological monument – Talgar ancient settlement – which belongs to the World Heritage sites.
The lawsuit in the interests of a juridical person is filed in the order of a special proceeding on April 10, 2015, to the Taldykorgan City Court.
Legal violations:
The right of a public association to receive “timely, full, and truthful environmental information from the state organs and organizations” (sub-paragraph 7, paragraph 1, article 14 of the Environmental Code) was violated.
Department of passenger transportation and automobile roads of Almaty Oblast is brought up to a trial as a defendant.
Demands:
1. To acknowledge failure of the Department of passenger transportation and automobile roads of Almaty Oblast to provide requested information to the Ecological Society “Green Salvation” to be inaction violating rights and lawful interest of the juridical person.
2. To oblige the Department to provide the requested information.
On April 17, the court denied to accept the case for a proceeding because the lawsuit is not under jurisdiction of the Taldykorgan City Court.
Due to the court’s violation of procedural requirements about issuing determinations and sending them to the parties involved in the case within lawful timeframes, the claimants received the case materials only on June 5, In order to receive the case materials, the claimants had to address the chairman of the Taldykorgan City Court and chairman of the Supreme Court.
On September 18, the statement is filed to the Specialized Inter-Regional Economic Court of the city of Taldykorgan in the order of special proceeding in the interests of a juridical person.
Court hearings were scheduled for October 7. Before the hearings, a representative of the Department of passenger transportation and automobile roads of Almaty Oblast offered to provide the Ecological Society Green Salvation with all of the requested information.
On October 21, after studying the provided information, the Ecological Society filed a statement to the court about leaving the case without any further review.
The case is closed. The requested information is received.

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No.7
Case about acknowledging the Environmental Impact Assessment for the project of “Construction of a road to the mountain ski resort “Kokzhailau” to be illegal in the part of preservation of threatened plants listed in the Red Book and about cancellation of the project.
The lawsuit in the interests of the state and undefined number of Almaty residents was filed on April 17, 2015, to the Specialized Inter-regional Economic Court (SIEC) of the city of Almaty.
Being a requester of the project, the Department of auto roads of the city of Almaty is brought to trial as a defendant.
Legal violations:
Requirements of the Law “About specially protected natural territories” about protection of rare and threatened species of plants (p.1 32-1, p.5 of the article 32-1 and p.4 of the article 78) are violated
Demands:
1. To acknowledge the project “Construction of a road to the mountain ski resort “Kokzhailau” to be illegal in the part of preservation of threatened plants listed in the Red Book and to cancel the project.
On April 22, the court denied accepting the case for proceeding, as if the case was not subjected to consideration and solving in the order of civil legal proceedings.
On July 3, the lawsuit is filed again to the Specialized Inter-regional Economic Court (SIEC) of the city of Almaty.
On July 7, the court denied accepting the case for proceeding again, as if the case was not subjected to consideration and solving in the order of civil legal proceedings.
On August 13, an appeal is filed to the Appeal Board of the Almaty City Court.
On September 2, the Board denied to satisfy the appeal. The denial was based on the arguments stated in the determination of the court of the first instance which were not subjected to a thorough study. Norms of the Environmental Code regarding Environmental Impact Assessment were interpreted at their own will. Articles 278 and 279 of the Civil Procedural Code of the RK about disputing actions (or lack of actions) of a state authority or local government authority in a court were interpreted at their own will as well. The Board did not base their decision on the paragraph 2, Article 279 of the Civil Procedural Code of the RK which lists decisions and actions of state authorities not subjected to disputing in courts. The Board was not guided by the requirements of the paragraph 3, Article 9 of the Aarhus Convention, according to which “each Party shall ensure that, …members of the public have access to administrative or judicial procedures to challenge acts and omissions by private persons and public authorities which contravene provisions of its national law relating to the environment.”
On November 24, a complaint is submitted to the Cassation Board of the Almaty City Court.
On December 15, the Cassation Board of the Almaty City Court began reviewing the complaint, but did not finish it. The review was first postponed to December 22, and then to December 29.
On December 29, the Cassation Board satisfied the complaint and made a statement about sending the case to the SIEC of Almaty and accepting it from the stage of case admission.
The case remains open.

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No.8
Case about untruthful environmental information provided by the Committee of Forestry and Fauna about construction on the territory of a national park.
The Lawsuit in the interests of the state and undefined number of people is filed on May 21, 2015, to the Specialized Inter-regional Economic Court of the city of Astana.
The Committee of Forestry and Fauna of the Ministry of Agriculture is brought to trial as a defendant.
Legal violation:
A right of a public association to receive “timely, full, and truthful environmental information from state authorities and organizations” was violated (Environmental Code, Article 14, p.1, sub-p.7; Law “About specially protected natural territories”, Article 13, p.1, sub-p.5).
Demands:
1. To acknowledge the information provided by the defendant to be untruthful, therefore, illegal.
2. To oblige the defendant to provide the requested environmental information in full, including every point indicated in the request.
On June 9, the court made a decision about returning the case because the papers were done incorrectly.
On June 15, the statement is filed to the Specialized Inter-regional Economic Court of the city of Astana again.
On June 23, the case is accepted into a proceeding.
On July 15, a court hearing took place.
On July 24, the court denied satisfying the demands. In violation of the Article 65 and part 2 of the Article 218 of the Civil Procedural Code of the RK, the judge did not review circumstances pointed out by the Ecological Society Green Salvation, and did not study them. As a result, the court decision was based on documents dated in 1994, i.e. active before the Ile-Alatau National Park was founded. The park was founded by a Decree of the Government No.228 dated on February 22, 1996.
On August 13, an appeal was filed to the Appeal Board of the Astana City Court.
On September 16, the Appeal Board denied satisfying the appeal. In violation of the Article 355 of the Civil Procedural Code of the RK, the Board did not study thoroughly the circumstance of the case and did not take into consideration the additional proves presented by the claimants.
A cassation appeal is being prepared.
The case remains open.

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No.9
Case about failure to provide environmental information about conditions of vegetation in the city of Almaty by the Department of Natural Resources and Nature Management.
The Lawsuit in the interests of the state and undefined number of people is filed on June 17, 2015, to the Specialized Inter-regional Economic Court (SIEC) of the city of Almaty.
The Department of Natural Resources and Nature Management is brought to trial as a defendant.
Legal violation:
The right of a public association to receive “timely, complete, and truthful environmental information from state organs and organizations” was violated (Environmental Code, Article 14, p.1, sub-p.7).
Demands:
1. To acknowledge the failure to provide requested information to the Ecological Society “Green Salvation” by the Department of Natural Resources and Nature Management of the city of Almaty to be inaction which violated rights and lawful interests of other people and the state.
2. To oblige the Department to provide the requested information in full.
On July 7, the court made a determination refusing to accept the lawsuit for consideration.
On July 10, a private complaint with a request to cancel the determination of the SIEC dated on July 7 as being unlawful and to oblige the court to accept the case for consideration is filed to the Almaty City Court.
On September 2, the complaint was satisfied and the case is sent to the court for initiation of a civil proceeding.
On September 30 and October 12, court hearings took place.
Prior to the next court hearings, a representative of the Department of Natural Resources and Nature Management of the city of Almaty offered to provide the Ecological Society Green Salvation with the requested information.
On October 28, after studying the provided information, the Ecological Society submitted a statement to the court about leaving the case without any further review.
The case is closed. The requested information is received.

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No.10
Case about acknowledging the conclusion of the state environmental assessment on the materials of the “Environmental Impact Assessment” on the project “Construction of a road to the mountain ski complex “Kokzhailau” to be illegal and about its cancellation.
The lawsuit in the interests of the state and undefined number of people is filed on July 8, 2015, to the Specialized Inter-regional Economic Court of the city of Almaty.
The Department of Natural Resources and Nature Management is brought to trial as a defendant.
Legal violation:
– requirements of the law “About specially protected natural territories” in the part of protection of rare and threatened species of plants are violated (p.1 and p.5 of the Article 32-1, p.4 of the Article 78);
– requirements of the Article 46 of the Environmental Code defining purposes of an environmental assessment are violated.
Demands:
To acknowledge the conclusion of the state environmental assessment on the materials of the “Environmental Impact Assessment” on the project “Construction of a road to the mountain ski complex “Kokzhailau” to be illegal and to cancel it.
On July 13, the court made a determination to deny accepting the lawsuit. The court explained the denial by the fact that the Ecological Society Green Salvation (hereafter, ES) addressed the court earlier with a similar statement, which is not true. The ES addressed the court earlier with a request to acknowledge the “Environmental Impact Assessment” for the project of “Construction of a road to the mountain ski complex “Kokzhailau” to be invalid. In the new statement, the ES addresses the court with a request to acknowledge the conclusion of the state environmental assessment on the project of “Environmental Impact Assessment” to be invalid.
Further, the court states that the conclusion of the state environmental assessment can not be subjected to a review under a civil proceeding. Meanwhile, the court does not refer to any laws, based on which the decision was made, which is a violation of the requirements of the Article 252 of the Civil Procedural Code of the RK.
In the determination the court incorrectly indicated that the ES initiated the lawsuit against the Municipal Government Agency “Department of auto roads of the city of Almaty”, while in fact, the ES initiated the lawsuit against the Municipal Government Agency “Department of Natural Resources and Nature Management of the city of Almaty”. The court incorrectly indicated that the conclusion of the state environmental assessment was issued by the “Kazakh Promtransproject” Ltd. In fact, the conclusion of the environmental assessment was developed and issued by the Department of Natural Resources and Nature Management of the city of Almaty.
On August 3, a private complaint is submitted to the Almaty City Court with a request to cancel the determination of the SIEC dated on July 7, as illegal, and to oblige the court to accept the case for a review.
On August 14, the complaint was satisfied and the case was passed to the court for a review.
From September 28 to November 6, several court hearings took place.
On November 6, the court denied satisfying the demands of the ES.
Firstly, the judge exceeded the limits of the lawsuit demands by indicating that the project of EIA “is adjusted with the norms of harmful substances emissions”. This question was not argued by the claimant.
Secondly, during a review of the question about plans of construction of the road on the lands of Ile-Alatau National Park, the judge used a normative legal act (Rules of maintenance and protection of green vegetation of the city of Almaty), which is not applicable to the territory of the national park. All parties of the process referred multiple times to the paragraph 55 of the above mentioned Rules, which states that the Rules are not applicable to specially protected territories of the national level.
The judge ignored specific directions of the paragraph 6, Article 108 of the Land Code which states that “inclusion of lands into a city, town, or village limits does not cease property rights or land utilization rights over these lands”. That means that even after alteration of administrative borders of the city, Ile-Alatau National Park is still a specially protected natural territory of the national level.
Thirdly, in violation of the Article 65 of the Civil Procedural Code and part 2 of the Article 218 of the Civil Procedural Code of the RK, the judge did not review the circumstances referred to by the ES regarding the fact that none of the state organs of the Republic of Kazakhstan is authorized to cut or remove plants listed in the Red Book.
In violation of the Article 355 of the Civil Procedural Code of the RK, the judge did not take into consideration the additional proves presented by the claimants during the process regarding the forest pathology research appearing in the case, which was made based on an expired normative legal act.
On November 25, a claim was submitted to the Appeal Board of the Almaty City Court.
On December 28, the Board denied satisfying the claim.
The case remains open.

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No.11
Case about inaction of a state authority in controlling of legislation observance in the area of preservation and utilization of sites of historical and cultural heritage, in particularly, in regards of Talgar site of ancient settlement. June 25, 2014, Talgar site was included on the World Heritage List.
The lawsuit in defense of the interests of the state and undefined number of people is filed to the Specialized Inter-Regional Economic Court of the city of Astana on September 18, 2015.
The Ministry of Culture and Sports of the Republic of Kazakhstan is brought to trial as a defendant.
Legal violations:
in accordance to the Provisions about the Ministry of Culture and Sports of the Republic of Kazakhstan approved by the Decree of the Government of the Republic of Kazakhstan dated on September 23, 2014, The Ministry is obligated to control legislation observance in the area of preservation and utilization of sites of historical and cultural heritage, which in the given case is not executed by the Ministry.
Demands:
1. To oblige the Ministry of Culture and Sports to take immediate measures as by law enacted for preservation of the site of historical and cultural heritage – Talgar site of ancient settlement.
2. To oblige the Ministry to provide the Ecological Society Green Salvation with documents requested earlier, in particular, an architectural base plan and a schematic map of the area with indication of a preservation zone of the site of historical and cultural heritage.
On October 26, and November 7 and 13, court hearings took place.
On November 13, the court denied satisfying the lawsuit. In violation of the Article 65 of the Civil Procedural Code and part 2 of the Article 218 of the Civil Procedural Code of the RK, the judge did not study the evidence referred to by the ES, in regards to the failure to provide the ES with a schematic map of the area with indication of a preservation zone of the site of historical and cultural heritage; inaction of state authorities in liquidation of garbage dumpsters on the site of ancient settlement and marking the borders of the settlement on the site.
On December 7, a complaint is submitted to the Appeal Board of the Astana City Court.
The case remains open.

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No.12
Case about failure of a state authority to provide environmental information about establishing a protection zone for Ile-Alatau State National Natural Park – a specially protected natural territory of the national level.
The lawsuit in defense of the interests of the state and undefined number of people is filed to the Specialized Inter-Regional Economic Court of the city of Almaty on September 18, 2015.
The Akimat (Mayor’s Office) of the city of Almaty is brought to trial as a defendant.
Legal violations:
1) requirements of the Law “On Specially Protected Natural Territories” about obligation of the local executive authorities to establish protection zones of specially protected natural territories, in order to assure their protection and defense from unfavorable external impacts (subparagraph 11, paragraph 2, Article 10 and 18), are violated;
2) requirements of the subparagraph 7, paragraph 1, Article 14 of the Environmental Code about obligation of state authorities to provide timely, full and trustworthy environmental information by requests from public associations, are violated.
Demands:
1. To acknowledge the failure of the Akimat of the city of Almaty to provide requested information to the Ecological Society Green Salvation to be inaction.
2. To oblige the Akimat of the city of Almaty to provide the Ecological Society Green Salvation with all requested information about establishing of a protection zone of Ile-Alatau State National Natural Park.
On October 19, the court made a determination not to accept the lawsuit for a review, because the claimant did not pay the state fee.
On October 21, a private complaint is submitted to the Appeal Board of the Almaty City court, in regards to a disagreement of the Ecological Society Green Salvation with the court’s statement. By submitting lawsuits to courts about inaction of state authorities, the organization defends interests of citizens and the state, and not its own interests.
On December 23, the Board denied satisfying the demand. The judge incorrectly applied the paragraph 10, Article 541 of the Code of the RK “About taxes and other obligatory payments to the budget”. According to the indicated paragraph, “physical and juridical persons who addressed to …a court with a lawsuit in defense of rights and protected by law interests of other persons or the state” do not need to pay the fee.
The case remains open.

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No.13
Case about inaction of a state authority which lead to serious deterioration of environmental situation in the town of Besagash and violation of the citizens’ rights to favorable environment.
The lawsuit in the interests of the residents of the town of Besagash, Talgar District, Almaty Oblast, is filed by the Ecological Society Green Salvation to the Talgar District Court on November 11, 2015.
Akim (head) of Besagash Rural District and Head of the co-op “PK Luch Vostoka” were brought to trial as defendants.
Legal violations:
1) lack of the state authority’s action in providing environmental and sanitary and epidemiological well-being of the residents of the town, in violation of the Article 35 of the Law “About local state governance and self-governance in the Republic of Kazakhstan” and the Article 93 of the Land Code, which stipulates forced expropriation of land from its owner, if the land was utilized with gross violations of land use rules stated in the Code or other laws;
2) violation of the citizens’ rights on favorable environment, acknowledges by the subparagraph 1, paragraph 1, Article 13 of the Environmental Code.
Demands:
1. To acknowledge the failure of the Akim of Besagash Rural District to perform his responsibilities in providing residents of the town of Besagash with environmental, sanitary and epidemiological well-being, in accordance with the Land and Environmental Codes, and the failure of the head of the co-op “PK Luch Vostoka” to perform his responsibilities in maintaining and utilizing his property – to be inaction.
2. To oblige the Akim of Besagash Rural District, within his authority, to take immediate measures to recover the environmental conditions in the town of Besagash, in particularly, to oblige the head of the co-op “PK Luch Vostoka” to liquidate the garbage dumpster by demolishing the former boiler house, which represents a life and health threat to people, and to bring the conditions of the land in accordance with the Land and Environmental Code.
From November 30 to December 21, several court hearings took place.
On December 21, the court made a decision about partial satisfaction of the lawsuit demands. The court acknowledged the inaction of the Akim of Besagash Rural District in providing residents of the town of Besagash with sanitary and epidemiological well-being, in accordance with the Land and Environmental Codes.
The case remains open.

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SECTION No.2
Implementation of court decisions

“Court decisions which came into legal force … are obligatory for all state authorities, organs of local self-administration, public associations, other juridical persons, officials, and citizens without any exceptions, and are subjected to a strict implementation over the whole territory of the Republic of Kazakhstan”, p.2, article 21, Civil Procedural Code of the RoK.

No. 1
Decision of the Specialized Inter-Regional Economic Court of the city of Almaty dated on September 10, 2007, “About inaction of the state authorities which lead to formation of an illegal dump site” (See the case No.7, 2007).
Not implemented.

No.2
Decision of the Specialized Inter-Regional Economic Court of the city of Astana dated on July 1, 2010, “About inaction of the government of the Republic of Kazakhstan and about acknowledging the conclusion of the Senior Sanitary Inspector about reduction of the sanitary and protection zone to be invalid” (See the case No.1, 2010).
Due to the fact that the defendants refused to follow the court’s decision at their own will, the claimant submitted an act of execution for a forced implementation of the decision. But neither the department of court executors, nor the Prosecutor’s Office take any efficient measures.
On August 28, 2013, an act of execution was re-submitted to the Head of the Department of Court Acts Execution of the West Kazakhstan oblast.
On October 24, a letter about inaction of the Department of Court Acts Execution of the West Kazakhstan oblast was sent to the Court Acts Execution Committee of the Ministry of Justice.
Not implemented.

No.3
Decision of the Talgar City Court dated on August 28, 2012, “About inaction of authorities which lead to formation of an illegal dump site in Panfilov village, Talgar District, Almaty oblast (See the case No.7, 2012).
On July 21, 2014, a new statement was filed in the interests of the residents of Panfilov village, Talgar District Court (See the case No. 8, 2014).
Not implemented.

No. 4
Decision of the SIEC of Almaty oblast dated on May 16, 2013, on the lawsuit about failure to provide environmental information by the Department of Land Relations and Department of Architecture and Urban Development of Karasai district of Almaty oblast. (See the case No.2, 2013).
On September 2, a letter with a request to implement the court decision and inform about its implementation within the period of time identified by the law was sent to the Head of the Department of Court Acts Execution of Karasai District.
Not implemented.

No.5
A ruling of the Review Board of the Supreme Court on the lawsuit about inaction of the director of the Department of the Committee of the State Sanitary and Epidemiological Control in the city of Almaty which expressed in a lack of control over marking of sanitary and protection zones with special signs on-site was adopted on November 27, 2013 (See the case No.9, 2012, and case No.4, 2013).
On October 3, 2014, because of a failure to perform the court decision, a new lawsuit was filed with a demand to acknowledge the actions of the law enforcement officer of the Department of Judicial Acts Enforcement of the city of Almaty to be illegal. On November 3, the case hearings are suspended, as the Department admitted the violations and made a decision to resume the executory process.
On December 24, the executory process was resumed.
On February 25, 2015, Medeu District Court made a determination on restriction to travel to the Head of the Department of Consumer Rights Protection of the city of Almaty till the full completion of enforcement of the court decision.
June 8, a representative of the Department of Judicial Acts Enforcement of the city of Almaty together with representatives of the Department of Consumer Rights Protection of the city of Almaty and Public Prosecutor’s Office, and local residents went to the site for a check-up of the court decision enforcement.

Not implemented.

Rights and legal interests of the Ecological Society “Green Salvation” are defended in court by lawyer Svetlana Philippovna Katorcha.

Translated by Sofya Tairova.