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Revised State Control and Supervision Procedure: a Guide on Inspections for Businesses

#5 (113), October 2018 Revised State Control and Supervision Procedure: a Guide on Inspections for Businesses

Effective from 8 June 2018, Kazakhstan introduces a revised procedure for exercising state control and supervision over businesses' compliance with the local legislation requirements.

 

The amendments are mostly intended to more extensively use preventive measures, without instituting administrative proceedings.  The list of the areas of activities subject to control has been reduced (leaving out 20 areas of activities out of 114 and 108 controlling functions of governmental agencies out of 544).  The Administrative Code of the Republic of Kazakhstan no longer contains 47 articles previously providing for administrative liability of businessmen.

 

Guide on Oil and Gas Industry Permits

#4 (112), September 2018 Guide on Oil and Gas Industry Permits

All permits in oil and gas industry may be conditionally divided into 2 major types: (а) contract or license for exploration and production of hydrocarbons and (b) permissions for activity and facilities related to exploration and production of hydrocarbons.

Kazakhstan Subsoil Code: What’s the Outcome?

#2 (110), April 2018 Kazakhstan Subsoil Code: What’s the Outcome?

The legislation on subsoil and subsoil use of the independent Kazakhstan has been forming from the first days of the Republic proclamation, and has a storied history by now.  Regulations at the level of laws and Presidential edicts were repeatedly interchanging, being complemented by subordinate legislative acts of different legal force.

Is Kazakhstan's Oil and Gas Tax Regime “fit for purpose” today and tomorrow?

#4 (106), August 2017 Is Kazakhstan's Oil and Gas Tax Regime “fit for purpose” today and tomorrow?

Gulnar Bokpayeva, Senior Manager, Tax & Law Services, Corporate Tax, EY

Subsoil Code: What Oil Industry Investors Should Expect?

#3 (105), June 2017 Subsoil Code: What Oil Industry Investors Should Expect?

In summer 2015, the Concept of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" (hereinafter, the Concept) was approved in Kazakhstan and it was resolved to draft and adopt the Code. According to the Legislative Drafting Plan for 2017, the Draft Code (hereinafter, the Code or Draft) is to the submitted to the Parliament in September 2017. The Subsoil Code is expected to enter into force from 1 July 2018.

Change in the Conditions of the Employment Contract on the Initiative of the Employer

#2 (104), April 2017 special issueChange in the Conditions of the Employment Contract  on the Initiative of the Employer

Modern trends of judicial practice on the most common individual labor disputes. Permanent and temporary transfers.
Labor relations are relations between an employee and an employer arising in the exercise of rights and obligations stipulated by the labor legislation of the Republic of Kazakhstan, agreements, labor, collective agreements and internal acts of the employer. 

To Work in Kazakhstan. Legal Aspects of Receiving Invitation for Foreign Workers and Their Families in the Republic of Kazakhstan

#6 (102), December 2016 special issueTo Work in Kazakhstan. Legal Aspects of Receiving Invitation for Foreign Workers and Their Families in the Republic of Kazakhstan

 Entering the territory of the Republic of Kazakhstan requires foreign citizens to hold a valid visa for the time of entry, and to acquire visa foreign citizen should hold an invitation from the citizen or the legal entity of the Republic of Kazakhstan.
The procedure of issuing visa is governed by the “Rules on issuing visas in Republic of Kazakhstan, including extension and reduction of its terms” enforced by Joint order of Minister of Internal affairs No. 175 on March 07, 2013 and Deputy Minister of Foreign Affairs No. 08-1-1-1/1 on March 05, 2013 (hereinafter – Rules on issuing visas).

 

The Subsurface Users will be Reimposed

#5 (101), October 2016 The Subsurface Users will be Reimposed

The government has developed a new Tax and Custom code project.
According to Ministry of Energy of Kazakhstan 36 out of 60 oil producing companies of the country have closed 2015 Y with minus. Though the oil price situation has become better in comparison previous year, the sector which is appeared to be the main budget contributor and source of revenue to National fund, is needed in government support actions.

Foreign Legal Entities Engaging in the Licensed Subsoil Use Activities in Kazakhstan: Legal Opportunities vs. Practical Challenges

#5 (101), October 2016 Foreign Legal Entities Engaging in the Licensed Subsoil Use Activities in Kazakhstan: Legal Opportunities vs. Practical Challenges

Following the general legislative trend towards improving the investment climate and creating favorable regulatory background for foreign businessmen, the licensing legislation has also been changing over the past several years. For instance, on 16 May 2014 Kazakhstan adopted its Law "On Permits and Notifications" (hereinafter, the Permit Law or the Law), putting it into effect starting 20 November 2014.

Secondment in Kazakhstan: Has the New Labor Code Legalized It?

#4 (100), September 2016 special issueSecondment in Kazakhstan: Has the New Labor Code Legalized It?

As business globalizes and Kazakhstan joins the WTO, secondment and other forms of leased labor are going increasingly popular. Leased labor gives companies a number of notable advantages. Using leased labor, the host (receiving) company can cut its staff number, payroll taxes and the costs of opening offices in the regions and focus resources on its core business, outsourcing certain operations that are non-core for the company. 

Recent Developments in the Resolution of «Investment Disputes» in Kazakhstan

#4 (100), September 2016 special issueRecent Developments in the Resolution of «Investment Disputes» in Kazakhstan

Judicial reform is a major part of Kazakhstan's efforts to modernize its economy and improve its investment climate. The fair resolution of disputes between the state and investors is a key focus of these efforts.

Subsoil and Subsoil Use Legislation: History and New Concept

#5 (95), October 2015 special issueSubsoil and Subsoil Use Legislation: History and New Concept

Continuation. Beginning in the #4-2015

Principles of subsoil use – an effective instrument or declaration?  The Concept developers believe that the principles of subsoil legislation secured in the Subsoil Law need to be adjusted by filling them with the new content and adding new principles, previously unknown to the subsoil legislation.

Subsoil and Subsoil Use Legislation: History and New Concept

#4 (94), September 2015 Subsoil and Subsoil Use Legislation: History and New Concept

A quality subsoil and subsoil use legislation is of strategic importance for Kazakhstan.  Since the appearance of the first independent Kazakhstan's regulatory acts governing subsoil use relations and until nowadays, this legislation has undergone a huge number of changes, both conceptual and less important.  It was especially feverish in recent years.  Amendments adopted in December 2014 have perceptibly changed the situation and for the first time over the past 15 years there appeared a trend towards liberalization of legislation regulating the country's pivotal industry.

Tax Inspections: Tax Authorities’«Sword of Damocles»?

#3 (93), June 2015 special issueTax Inspections: Tax Authorities’«Sword of Damocles»?

Any state cannot exist without taxes and control over the timely treasury reimbursement and taxes are conducted by state revenue bodies. One of the instruments of tax policy is tax inspections. Our last dispute practice between tax authorities and entrepreneurs on the additional charges based on the results of the tax inspections shows that entrepreneurs in general are always "at gunpoint" of the tax authorities and they are not protected from repeated for the same period inspections.

Current Issues of the Subsoil Use Legislation

#2 (92), April 2015 special issueCurrent Issues of the Subsoil Use Legislation

The Law on Subsoil and Subsoil Use dated 24 June 2010 (The Subsoil Use Law) regulates one of the most important areas of social relations in modern Kazakhstan. The Law on Subsoil is targeted to protect interests of the country and to achieve rational and comprehensive study and use of subsoil.  Concise, effective and objective regulation of this area is very crucial for Kazakhstan as never before, and will be an enormous contribution (a “pledge” or a “guarantee”), into the long term and permanent investment into the areas of oil and gas and mining industry, taking into account the global economic disturbances.

Overview of Recent Significant Developments in the Civil Procedure Code of Kazakhstan

#1 (91), February 2015 Overview of Recent Significant Developments  in the Civil Procedure Code of Kazakhstan

On 17 November 2014 significant modifications were introduced into the Republic of Kazakhstan Code of Civil Procedure (CPC). Although such changes have been widely discussed among practitioners within the context of the new Code of Civil Procedure, introduction of these novelties came as a surprise to most practitioners, even to some of the judges. Modification of the existing procedural law to reflect some of the novelties anticipated in the draft of the new CPC may indicate that the new Code is not likely to be adopted as soon as initially expected.