Liability for Environmental Offenses: Analysis and Directions for Strengthening in Kazakhstan

Widespread environmental violations and the insufficient effectiveness of existing legal
liability mechanisms pose a threat to sustainable natural resource management in the Republic of
Kazakhstan. Despite legislative reforms in 2021–2025, which introduced stricter fines and
requirements for resource users, a balance between fiscal and compensatory functions of liability
remains lacking, and collected penalties are often not directed toward environmental restoration.
To conduct a comprehensive analysis of the legal liability framework for environmental
violations in the Republic of Kazakhstan, assess the effectiveness of current legal mechanisms, and
develop recommendations for their improvement in accordance with international environmental
safety standards.
The study employs formal-legal, comparative-legal, and systemic methods, as well as analysis
of statistical data and judicial practice. Special attention is given to legislative changes in 2021–
2025 and the experience of OECD countries, including the introduction of criminal liability for legal
entities.
It was established that current legal mechanisms do not fully implement the “polluter pays”
principle. Proposed measures to strengthen liability include: introducing criminal liability for legal
entities, shifting from purely punitive measures to incentive-based approaches using best available
techniques, employing digital monitoring tools to track violations, and legally ensuring that
environmental fines are directed to conservation measures. The comprehensive application of these
measures will increase the effectiveness of legal liability and improve environmental safety in the
country.