Legislation
The New Law on Subsoil: More Pluses or Minuses?
#2 (74), April 2012 special issueThe new law “On subsoil and subsoil use” of June 24, 2010, which replaced two previous laws in the country – the Law on Subsoil and Subsoil Use and the Law on Oil – has regulated activity in the sphere of subsoil usefor one and a half years.
New Law of the Republic of Kazakhstan
#1 (73), February 2012The President of the Republic of Kazakhstan signed the Law of the Republic of Kazakhstan "On Gas Supply and Gas" (hereinafter - the "New Law", "Gas Law" or the "Law"), the main provisions of which are discussed in this article. The following describes what we believe to be the most important specialties and provisions of the Law.
Gas Law is a novelty for legislation of the Republic of Kazakhstan. Previously gas and the gas supply sphere were partially regulated by the subsoil use legislation and a number of the GovernmentResolutions. The Law aims to address the relations in the gas and gas supply sphere and as a general principle seeks to prioritise the internal market provision of commercial (under the Law, a mixture of hydrocarbons with a predominance of methane) and liquefied petroleum gas (under the Law, a mixture of propane and butane) produced in the RK.
Investment Legislation in Kazakhstan: Development History and Current Legal Regime
#6 (72), December 2011
1. Preamble
It is well-known that a country's investment regime is generally determined by the entirety of various factors, which may include geographical position, climate, availability of natural resources, relevant sector development status at the time of investment, government corruption level, etc.
Law of the Republic of Kazakhstan
#5 (71), October 2011 special issueOne of the most serious environmental and economic problems connected with oil operations in Kazakhstan is the refusal to flare associated and natural gas in fields and the transition to its processing. Even in the recent past, gas flaring has been a part of the process of oil companies in Kazakhstan and occurred in almost all fields.
With the introduction in 1999, and then in 2004 and 2005, of amendments to the Law "On Oil", dated 28 June 1995, associated gas flaring was prohibited, except for a few cases mentioned in the Law.
Review on Caspian Energy Hub Project
#4 (70), October 2011 special issue«GRATA» Law firm has honor to submit you the information on the review of the project of the Caspian Energy Hub, the regional scale center which encompasses energy-related allied services. We hope that our information review can be useful for your company.
Specifics of Subsoil Use in Kazakhstan. Legal Aspects
#3 (69), June 2011
s a rule, those activities, which are focused on production, processing, consumption and sale of natural resources, demand special attention, taking into account specific regulations applying to this industry.
Over the years of independence, Kazakhstan has developed pretty efficient regulatory base for subsoil use in accordance with the international standards.
Tax Issues in Financing of Oil and Gas Projects in Kazakhstan
#3 (69), June 2011Kazakhstan is well known for its substantial oil and gas reserves. Currently, there are more than 200 oil and gas fields in Kazakhstan and more to follow. The successful exploration and development of the fields requires significant initial capital investments which could be obtained via internal or external debt financing.
New Aspects in Transactions on the Transfer of the Subsoil Use Right under the New Law of the Republic of Kazakhstan ‘On Subsoil and Subsoil Use’
#2 (68), April 2011 special issueDespite the strengthening of the requirements to the obtaining of an approval of a competent authority to commit transactions on the transfer of subsoil user rights, including by the transfer of shares (participatory interests) in a legal entity that holds the subsoil use right, as well as the pre-emptive right of the Republic of Kazakhstan to the transferred subsoil use right, shares (participatory interests) in a subsoil user or legal entities that may directly or indirectly govern the decisions of subsoil users, subsoil use is one of the high priority area for investors.
Subsurface Users Forum Expects Guests
#2 (68), April 2011 special issueQuite shortly on April 29, 2011 Almaty will host the Third Annual Forum of Subsurface Users of the Republic of Kazakhstan. GRATA Law Firm has been the mastermind and the organizer of this major business and social event over the last three years. In an interview to our magazine our guest Mr. Almat Daumov, Director, GRATA Law Firm Office in Almaty, will dwell upon the forthcoming Forum and many related issues.
Issues on THE Unilateral Termination of Subsoil Use Contracts
#1 (67), February 2011
Disputes in relation to the unilateral termination of subsoil use contracts (the ‘Contract’) form a substantial part of the litigated cases on the rights stipulated by the legislation on subsoil.
This is our brief review of judicial practice established under the Law of the Republic of Kazakhstan No. 2828 ‘On Subsoil and Subsoil Use’ dated 27 January 1996 (hereinafter referred to as the ‘Old Law’), with the aim of providing an analysis of the specific interpretations and applications of the legislation of the Republic of Kazakhstan by the courts in adjudicating civil cases of this category, description of problems that lead to the litigated cases, and our own opinion concerning the legality and legitimacy of certain judicial decisions.