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Unified Employment Agreements Accounting System and other Important Changes in Labor Legislation

#4 (124), September 2020 Unified Employment Agreements Accounting System and other Important Changes in Labor Legislation
This article is an overview of important digitalization novels of May 2020: the labor legislation of the Republic of Kazakhstan was added employers' obligation to enter information into the Unified Employment Agreements Accounting System (the "UEAAS") and right to conclude employment agreements and issue employer's acts in electronic form.

What You Should Know When Purchasing an Oil&Gas or Mining Company

#1 (121), February 2020 What You Should Know When Purchasing an Oil&Gas or Mining Company

The sale and purchase of oil and gas or mining companies are one of the most complex transactions. There are many nuances in checking the acquired asset, obtaining transaction permits from state authorities, and taxation aspects.

Employer Awareness: Key Disabled Employment Obligations

#1 (121), February 2020

It is unquestionably common knowledge that people with disabilities need special approach and special attitude as a vulnerable category of the population.

Peculiarities of FIDIC Contracts Adaptation to the Kazakh Legislation

#6 (120), December 2019 Peculiarities of FIDIC Contracts Adaptation to the Kazakh Legislation

Economic globalization and increasing number of cross-border transactions bring forth the objective need for contract documents unification. In the construction domain, this is resolved through FIDIC model contracts representing standardized forms of contracts for diverse construction operations.

Changes in Taxation of Non-residents

#3 (117), June 2019 Changes in Taxation of Non-residents

Kazakhstan legislation is fairly advanced and recent taxation initiatives for both corporate income and personal income demonstrate that Kazakhstan is in many ways ahead of other post-Soviet countries. For instance, the concept of taxation of income of foreigners at the level of the host local company acting as a tax agent in relation to income tax even for income paid outside Kazakhstan is widely developed in Kazakhstan.

The Position of the Tax Authorities Prevents the Transition to the Terms of a Standard Contract for Subsoil Use

#2 (116), April 2019 The Position of the Tax Authorities Prevents the Transition to the Terms of a Standard Contract for Subsoil Use

After the adoption of the new Code "On subsoil and subsoil use" (Code), subsoil users have the opportunity to update their obligations by switching to a standard subsoil use contract (SC). But they are in no hurry to do so because of the uncertainty of taxation.

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.