Ecological Society Green Salvation (hereafter—ES)
SECTION No.1
Case No. 1
on the inaction of the Akimat of the Medeu district of Almaty City, which does not fulfill its obligations for the improvement and sanitary cleaning of the container site, and on the failure of the Akimat to provide environmental information (See case No. 3 for 2024)
Case background facts
Since January 9, 2024, employees of the ES have repeatedly identified violations of the planned regular sanitary cleaning in the Kensay gorge of the Medeu district of Almaty City. During inspections of the area, dumps of household and construction waste were discovered at a container site near the NN building on Shokaya Street. The violations were recorded by employees of the ES in photos on January 9, February 14, March 6, October 9 and November 11.
The ES has repeatedly appealed to the Akimat with a request to take measures to restore order in accordance with sanitary standards. The ES pointed out that near the container site grow Alatau saffron and Kolpakovsky’s iridodictyum, which are included in the Red Book of Kazakhstan.
Legal violations
The Akimat violated the right of citizens to an environment favorable for life and well-being and the right of the ES to access timely, complete and reliable environmental information, as provided for in Article 4 of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (hereinafter—the Aarhus Convention), Article 13 and Article 17 of the Environmental Code of RK, Article 6, Article 7 and Article 9 of the Law of RK “On Access to Information.”
The Ecological Society went to court
On November 21, 2024, the Ecological Society filed a lawsuit with the Specialized Inter-district Administrative Court of Almaty (hereinafter—SIAC) to protect the interests of an unspecified number of individuals and the interests of the organization.
Demands
1. To recognize the Medeu District Akimat’s systematic failure to fulfill its obligations under paragraph 17) of paragraph 15 of the Regulation on the Municipal State Institution “Office of the Akim of the Medeu District of Almaty” as inaction.
2. To oblige the Akimat to improve and sanitize the container site near building NN on Shokaya Street. To oblige the Akimat to report on the measures taken.
3. Recognize the Akimat’s inaction in failing to provide environmental information to the Ecological Society as unlawful.
Several preliminary court hearings were held in November and December.
The state authorities failed to properly prepare the case for trial.
On December 25, a judge of the SIAC issued a ruling imposing a fine on the head of the Medeu District Akim’s Office for failure to fulfill procedural obligations and for failing to respect the law and the court. The fine is 73,840 tenge (On January 1, 2025, 1 euro was equal to 546.74 tenge).
On January 27, 2025, the SIAC issued a decision.
1. The Ecological Society’s administrative claim is partially satisfied.
2. The State Institution “Office of the Akim of the Medeu District of Almaty” is obligated to organize landscaping and sanitary cleaning of the container yard near building NN on Shokaya Street.
3. The court’s decision in this part is to be executed immediately.
4. The defendant must notify the court of the execution of the court’s decision.
5. If the court’s decision is not voluntarily complied with within the specified timeframe, the court of first instance will impose a fine in the amount of fifty monthly calculation indices.
6. Failure to comply with a court decision entails a repeat fine in an amount increased by ten monthly calculation indices, without appeal.
On January 27, in addition to the decision, the SIAC issued a separate ruling, which, in particular, stated: “To inform the Akim of Almaty of the identified violations of the law so that appropriate measures can be taken to prevent and deter similar occurrences in the future.
To oblige the Akim of Almaty to report the measures taken to the specialized inter-district administrative court of Almaty within one month of receiving a copy of this ruling.”
The case has been closed. For enforcement, see Section 2.
Case No. 2
regarding the failure of the Forestry and Wildlife Committee (hereinafter—the Committee) to provide environmental information on actions taken to eliminate wastewater overflows from septic tanks in Charyn National Park
Case background facts
On March 4, 2025, the Ecological Society contacted the Committee, stating that “a tourist contacted the Ecological Society and reported that during a visit to the Charyn National Park, she noticed sewage discharge from the visitor center “visit.charyn” being discharged into the area.”
The Ecological Society asked the Committee to urgently conduct an investigation into the aforementioned facts and provide complete and reliable environmental information on its results. If violations of the law are detected, take action against the visitor center administration in accordance with the provisions of the Code of the Republic of Kazakhstan on Administrative Offenses and oblige the national park administration to tighten control over compliance with environmental legislation by tenants.
On March 31, a response was received stating that the Charyn State Scientific and Industrial Park’s visitor center was being inspected by the branch of the National Center for Expertise, a state enterprise on the Right of Economic Management, of the Sanitary and Epidemiological Control Committee of the Ministry of Health for the Almaty Region. Based on the inspection results, appropriate measures will be taken.
On May 5, the Ecological Society, believing that the Committee had not provided complete information, contacted it again, noting that new information had appeared on social media on May 3 indicating that sewage discharge from the Charyn State National Park visitor center was continuing. The Ecological Society requested information on the measures taken and copies of the documents compiled during the inspection.
On May 19, the Committee reported that a sewage overflow had been discovered during an inspection at the Sharyn Visitor Center. The culprit, citizen A…, was fined 39,320 tenge and also charged 64,838.68 tenge (On January 1, 2025, 1 euro was equal to 546.74 tenge) in damages.
On June 25, the Ecological Society again contacted the Committee, stating that the response failed to disclose any measures taken to prevent a recurrence of the sewage overflow. Tourists reported that the overflow had continued. The Ecological Society requested copies of the administrative reports drawn up during the inspection and documents confirming the payment of the fines.
On June 16, the Committee responded that the Almaty Region Department of Ecology and the Uyghur District Office of the Sanitary and Epidemiological Control conducted an inspection. As a result, administrative violation reports were issued and fines were imposed on the landowner. “Currently, landowners are maintaining control over the wastewater discharge process from the visitor center.”
The Committee never provided copies of the requested documents.
From March 4, 2025, to June 25, 2025, the Ecological Society repeatedly appealed to the Committee with requests to take measures to stop the wastewater overflow. However, due to inaction by Committee officials for five months, the situation remained unchanged.
Legal violations
The Committee violated the Ecological Society’s right to access timely, complete, and reliable environmental information, as provided for in Article 4 of the Aarhus Convention, Articles 13 and 17 of the Environmental Code, and Articles 6, 7, and 9 of the Law “On Access to Information.”
The Ecological Society went to court
On August 14, a claim was filed with the Specialized Interdistrict Administrative Court of Astana (hereinafter—SIAC) in defense of the interests of an unspecified number of individuals and the interests of the organization.
Demands
1. To recognize the failure of the Forestry and Wildlife Committee to fulfill its obligations specified in paragraphs 13, 15, and 16 of the Committee’s Regulations as inaction.
2. To obligate the Committee to take specific actions to eliminate wastewater overflows from septic tanks.
3. Recognize the Committee’s failure to fulfill its obligations, resulting in the provision of incomplete information to the Ecological Society, as inaction.
4. Impose on the Committee the obligation to provide the Ecological Society with the requested environmental information.
On October 28, the SIAC ruled to dismiss the claim.
The ruling stated, in part:
“The Company’s [the Ecological Society’s] arguments that the incomplete information stems from the lack of information about the specific measures taken to prevent repeated discharges of wastewater from septic tanks were not taken into account by the court, since, firstly, each such incident is impossible to predict due to human and technical factors, and secondly, the land user incurred an administrative penalty in the form of a fine and compensation for damages.
In addition, the latter was issued an order to eliminate the violations, which also includes measures to prevent the indiscriminate discharge of wastewater and conduct quarterly laboratory monitoring of the quality of wastewater and soil.”
The Ecological Society demanded, firstly, documentary confirmation that, in accordance with Articles 138-140 of the Environmental Code, remediation had been carried out to compensate for and prevent environmental damage. Secondly, that the Committee documented the restoration of the environment to the “baseline state of the damaged component of the natural environment” (clause 2 of Article 138). The SIAC did not take these arguments into account.
On December 4, the Ecological Society filed an appeal to the Astana City Administrative Court.
Demands
1. Repeal the decision of the Astana City Council of Administrative Offenses of October 28, 2025, in its entirety.
2. Issue a new decision satisfying the demands of the Ecological Society.
3. Recognize the Committee’s inaction in failing to provide the Ecological Society with complete and reliable environmental information as unlawful.
4. Require the Committee to provide the Ecological Society with complete and reliable environmental information on the measures taken by the Committee to address the identified violations, namely, the overflow of wastewater from the septic tank.
On February 19, 2026, the judicial panel heard the above-mentioned administrative case in written proceedings.
By its ruling, the judicial panel upheld the Astana City SIAC decision and dismissed the Ecological Society’s appeal.
The grounds for dismissal were that the trial court had not committed the violations stipulated by paragraph 1 of Article 427 of the Civil Procedure Code of the Republic of Kazakhstan.
The trial continues.
Case No. 3
regarding the failure of Almaty International Airport Joint-Stock Company (hereinafter referred to as JSC) to provide environmental information regarding its efforts to establish the final sanitary protection zone (hereinafter—SPZ) of Almaty International Airport.
Case background facts
On October 23, 2025, the Ecological Society contacted Almaty International Airport (hereinafter—AIA) with a request to provide environmental information on the AIA’s actions to establish the final sanitary protection zone and sanitary break for the existing airport, and to attach copies of documents confirming these actions.
The Ecological Society requested a written response sent by email.
Almaty International Airport failed to respond to the inquiry from the Ecological Society, thereby violating the norms of international and national law.
Legal violations
AIA violated the Ecological Society’s right to access timely, complete, and accurate environmental information, as provided for by Article 4 of the Aarhus Convention, Articles 13 and 17 of the Environmental Code, and Articles 6, 7, and 9 of the Law “On Access to Information.”
The Ecological Society went to court
On December 11, 2025, a statement of claim was filed with the Specialized Inter-district Economic Court of Almaty (hereinafter—SIEC) to protect the interests of the organization and an indefinite circle of persons.
Demands
1. To declare unlawful the failure of AIA to provide timely, complete, and accurate environmental information in response to a request dated October 23, 2025, in the form specified in the relevant request, along with copies of documents confirming the actions taken to establish the final sanitary protection zone and sanitary break at AIA.
2. To oblige AIA to provide the Ecological Society with complete and accurate environmental information, along with copies of the documents.
The trial continues.
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SECTION No.2
Implementation of court decisions
In accordance with paragraph 2 of Article 21 of the Civil Procedure Code (hereinafter—CPC) and paragraph 2 of Article 18 of the Administrative Procedure Code of the Republic of Kazakhstan (hereinafter—APC), judicial acts that have entered into legal force are binding on all state bodies, local government bodies, public associations, other legal entities, officials and citizens without exception and are subject to execution throughout the territory of the Republic of Kazakhstan.
Case No. 1
Regarding the compulsion of the Almaty City Akimat to establish a buffer zone for the Ile-Alatau National Park and the Akimat’s compliance with the court order concerning the establishment of the buffer zone (see Case No. 1, Section 2 for 2024; Case No. 1, Section 1 for 2023)
On May 31, 2023, the Judicial Panel on Administrative Cases of the Supreme Court reviewed and fully granted the cassation appeal filed by the Ecological Society against the decision of the SIAC of Almaty dated April 15, 2022, and the ruling of the Judicial Panel on Administrative Cases of the Almaty City Court dated September 7, 2022.
The Supreme Court:
– declared unlawful the Akimat’s inaction regarding the establishment of a buffer zone for the Ile-Alatau National Park;
– ordered the Akimat to establish a buffer zone in accordance with the procedure prescribed by Article 18 of the Law “On Specially Protected Natural Territories;”
– amended the third paragraph of the operative part of the SIAC of Almaty decision by replacing the words “consider the issue of providing” information with “provide a response to the request dated October 28, 2021.”
Throughout 2023 and 2024, the Ecological Society repeatedly demanded that the SIAC issue a writ of execution to enforce the Supreme Court’s legally binding ruling, and filed an application to impose a monetary penalty on the Akimat for non-compliance with the ruling.
The Ecological Society has repeatedly emphasized that the Supreme Court ruling clearly states that “the literal wording of the aforementioned provisions of the Land Code and the Law [On Specially Protected Natural Territories] does not allow for administrative discretion on the part of the local executive body, but rather mandates its obligation to establish buffer zones along all external boundaries of the State National Natural Park.”
Over the years, the Ecological Society has gathered compelling evidence that the SIAC has no intention of taking action against the Akimat.
On August 15, 2024, a request was submitted to the Supreme Court seeking clarification on the procedure for enforcing the ruling and the procedural decisions the SIAC should make when considering an application to impose a financial penalty on the Akimat for systematic non-compliance with the Supreme Court’s ruling. The Supreme Court did not provide a clarification.
On November 28, 2024, the Ecological Society sent a letter to the Almaty City Prosecutor regarding the Akimat’s failure to comply with the Supreme Court’s ruling. The Prosecutor’s Office did not respond.
On December 24, 2024, the Ecological Society received a letter from the Almaty City Department of Ecology and Environment. It stated that “on July 26, 2024, a contract was concluded between the National Park and BEREN COMPANY LLP for the development of projects to establish a buffer zone, with a completion deadline of December 31, 2024.
Accordingly, upon receipt of the approved Natural-Economic Justification and Feasibility Study from the authorized body, the Almaty City Akimat will take measures to draft and approve an Akimat resolution establishing the buffer zone and the nature-use regime for the National Park within the territory of Almaty.”
On February 21, 2025, the Ecological Society received information from the Ile-Alatau State National Natural Park stating that the contract with BEREN COMPANY LLP had been terminated. In December 2024, a contract was signed with the winner of the public procurement tender (Aspan Tau LTD LLP) for the development of the Feasibility Study and the Natural-Scientific Justification for establishing a buffer zone for the Ile-Alatau State National Natural Park within the city of Almaty.
On July 11, the Ecological Society submitted comments to the Ile-Alatau State National Natural Park regarding the draft Natural-Scientific Justification for establishing a buffer zone for the Ile-Alatau State National Natural Park within the city of Almaty.
On August 18, the Ile-Alatau State National Natural Park announced that Aspan Tau LTD LLP had amended the Natural Science Justification and submitted a revised version.
On February 3, 2026, the Ile-Alatau State National Natural Park announced the completion of work on the Natural Science Justification and the Feasibility Study for establishing a buffer zone for the national park. “In late December 2025, documents were submitted for approval to the Almaty City Land Relations Department and the Almaty City Ecology and Environment Department, with the aim of subsequently issuing a regulatory legal act by the local executive body to establish a buffer zone for the Ile-Alatau State National Natural Park within the territory of Almaty.”
As of the end of 2025, the buffer zone for the Ile-Alatau State National Natural Park on the Almaty city side has not yet been established.
Implementation of the Supreme Court’s ruling is ongoing.
Case No. 2
Regarding the failure of the Almaty City Department of Urban Planning and Urbanistics to provide environmental information specifying which section of the Almaty City Master Plan contains details on the buffer zone of the Ile-Alatau National Park (see Case No. 1 of 2024)
Legal violations
The Directorate violated the Ecological Society’s right to access timely, complete, and accurate environmental information, as provided for by Article 4 of the Aarhus Convention; Articles 13 and 17 of the Environmental Code; and Articles 6, 7, and 9 of the Law “On Access to Information.”
The Ecological Society went to court
On May 10, 2024, the Ecological Society filed a lawsuit with the SIAC of Almaty to protect the interests of an indefinite circle of persons as well as the organization’s own interests.
On June 28, the SIAC granted the Ecological Society’s claims, ruling the Department’s inaction unlawful and ordering it to provide environmental information. The court noted that the defendant had violated provisions of the Aarhus Convention and various norms of national legislation. The ruling states that the Department is required to inform the court of the decision’s implementation “no later than 3 (three) working days from the date it enters into legal force.”
In September, the Department filed an appeal with the Almaty City Court.
On October 31, the judicial panel reviewed the appeal and dismissed it.
The decision entered into legal force on December 13.
On December 30, the SIAC sent the decision to the defendant, noting that it was to be executed within three working days.
On January 9, 2025, the Department reported that the court decision had been executed and that the information had been sent to the Ecological Society.
However, instead of the requested information, the Directorate provided data unrelated to the national park’s buffer zone.
On February 12, the Ecological Society contacted the Directorate, stating that it had not requested the information provided and reiterating its request for information regarding the national park’s buffer zone.
On March 5, a response was received stating that this matter falls outside the Directorate’s jurisdiction and that you must contact the Almaty City Directorate of Ecology and the Environment!
On March 31, the Ecological Society contacted the Directorate again, outlining its demands in detail.
On April 15, a response was received stating that information regarding the establishment of a buffer zone for the Ile-Alatau State National Natural Park—taken from the Master Plan’s explanatory note—had already been emailed to the Ecological Society. Regarding the detailed planning project for the buffer zone, the Directorate stated: “No buffer zone for the Ile-Alatau State National Natural Park is provided for in current urban planning documents”!
However, the Ecological Society did not receive the requested information and patiently continued its correspondence with the Directorate, though this yielded no results.
On July 3, the Ecological Society filed an application with the SIAC of Almaty, requesting the imposition of a monetary penalty on the defendant for failure to comply with the court’s decision.
On July 11, the SIAC issued a ruling stating: “Having heard the parties to the proceedings and examined the administrative case files, the court establishes the fact that the court’s decision has not been executed by the defendant for reasons that do not constitute valid grounds.”
In doing so, the court takes into account that the [Ecological] Society—pointing out the discrepancy between the information provided and the information requested—appealed to the Directorate three times with requests to provide the information in compliance with the court’s decision (on February 12, 2025, March 31, 2025, and May 12, 2025); however, these requests were essentially ignored by the Directorate.
The court ruled: “To impose a monetary penalty on the acting head of the municipal state institution Department of Urban Planning and Urbanistics of the City of Almaty in the amount of 50 (fifty) monthly calculation indices, which equals 196,600 (one hundred ninety-six thousand six hundred) tenge.”
“Pursuant to Part 5 of Article 127 of the APC [Administrative Procedural-Process Code], the application of procedural enforcement measures does not exempt the defendant from complying with the court decision within three working days of receiving this ruling.”
On July 27, 2025, the Almaty City Planning and Urban Development Department provided the requested information.
Execution of the court decision has been completed.
Case No. 3
Regarding the inaction of the Akimat of the Medeu District of Almaty City—specifically its failure to fulfill obligations concerning the maintenance and sanitary cleaning of a waste container site—and the Akimat’s failure to provide environmental information
(See Section No.1, Case No.1 above).
On January 27, 2025, the SIAC issued a ruling.
On March 31, the SIAC ruling entered into legal force.
On March 27, the Ecological Society received information and photographs from the Medeu District Akimat in Almaty indicating that the site had been fenced off and covered with a canopy, and that information regarding the service provider had been posted. However, the waste containers had not been installed, and refuse was still being dumped onto the site behind the fence.
On May 21, the Ecological Society sent a letter to the Medeu District Akimat noting that photographs of the waste collection site on Shokay Street had been taken on May 2, 2025. The open dumping of waste fosters the proliferation of rats, which were observed at the site.
The Ecological Society drew the Akimat’s attention to the fact that the “bag-only” method of waste collection is unsuitable for this site, as it fails to comply with the requirements of Clause 3.2.7 of the “Rules for Municipal Waste Management,” approved by Order No. 508 of the Minister of Ecology, Geology and Natural Resources dated December 28, 2021.
In light of the above, a definitive resolution to the issue requires either:
– eliminating the unauthorized dump; or
– equipping a waste container site in accordance with Clause 1.1.2 of the “Rules for Municipal Waste Management.”
The Medeu District Akimat did not provide a response to the Ecological Society’s appeal.
On September 6, staff from the Ecological Society conducted a new photo survey of the waste collection site. The situation remains unchanged.
The court ruling has been only partially implemented.
Rights and legal interests of the Ecological Society Green Salvation are defended in court by an attorney of Almaty City Board of Attorneys Omarbekova Alma Zhanatovna.