Lawsuit on the Government’s Failure to Act: So Far, the Battle is a Draw (19.06.2009)

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   On June 10, 2009 the Board on Civil Affairs of the Astana City Court considered appeals by Green Salvation, the Kazakhstan International Bureau for Human Rights, and the NGO “Shanyrak” and by the Chief State Sanitary Doctor. The case was submitted on behalf of the residents of the village of Berezovka (Western Kazakhstan Oblast).
    In their appeal, submitted on May 14, the plaintiffs requested the that “the decision of the Specialized Interregional Economic Court (SIEC) of Astana City on April 30, 2009, regarding the failure of the government and ministries to act, be overturned as illegal, and the case sent to be considered on the grounds of its legal requirements by another judge.”

In addition (and in contrast to the plaintiffs), the Chief State Sanitary Doctor asked that the SIEC’s decision declaring illegal the former’s Conclusion № 07-2 of Jan. 16, 2004, regarding the Dec. 25, 2003 amendments to the project “Sanitary-Protective Zone of the Karachaganak Oil and Gas Condensate Field”, be overturned.

The Board for Civil Affairs left the ruling unchanged, and the Chief State Sanitary Doctor’s appeal without satisfaction.

RULING of the Board for Civil Affairs of the Astana City Court № 2а-1221, June 10, 2009 (Russian).

For more details, see: An Oil Democracy, or the Story of Berezovka