Legislative News

This CLIENT UPDATE includes amendments to the legislation of the Republic of Kazakhstan in May 2011.

The following 114 regulatory legal acts were adopted in May 2011:

• Laws – 11;

• Decrees of the President of the Republic of Kazakhstan – 14;

• Resolutions of the Government of the Republic of Kazakhstan – 89;

• and other regulatory legal acts.

Most of these regulatory legal acts are concerning public sector, but among them there are some which may attract your attention and affect your business in Kazakhstan in a certain way.

We would like to draw your attention to the following regulatory legal acts:

Decree of the Government of the Republic of Kazakhstan dated 27 May 2011 №585 regarding draft of the law of Republic of Kazakhstan «On ratification of the treaty concerning legal aid and co-operaton of customs bodies of member states of the customs union on criminal cases and affairs about administrative offences».

The draft of the Law of RoK «On ratification of the Treaty concerning legal aid and cooperation of customs bodies of member states of the Customs union on criminal cases and affairs about administrative offences» has been transferred for consideration to the Parliament for further adoption in order to ratify Treaty concerning legal aid and cooperation of customs bodies of member states of the Customs union on criminal cases and affairs about administrative offences (hereinafter – Treaty).

The Treaty’s scope of application is legal aid and co-operation of customs bodies of the Parties with a view of detection of crimes, brining to criminal and administrative responsibility of guilty persons for customs legislation breach of the Customs union and legislation of the Parties, supervision of compliance of which assigned on customs bodies.

Decree of the Government of the Republic of Kazakhstan dated 27 May 2011 №584 regarding draft of the law of Republic of Kazakhstan «On ratification about specifics related with criminal and administrative responsobility for customs legislation breach of the Customs union and member states of Customs union».

The draft of the Law of RoK «On ratification of the Treaty about specifics related with criminal and administrative responsibility for customs legislation breach of the Customs union and member states of Customs union» (hereinafter – Treaty) has been transferred for consideration with Parliament for further adoption in order to ratify the Treaty.

The Treaty has been developed in order to identify specifics when brining to criminal and (or) administrative responsibility for customs legislation breach of the Customs union and legislation of the Parties of the Treaty, supervision of compliance of which assigned on customs bodies.

Decree of the Government of the Republic of Kazakhstan dated 27 May 2011 №588 regarding draft of the law of Republic of Kazakhstan «Concerning amendments into the certain legal acts of Republic of Kazakhstan on issues related with currency regulation and currency control».

In accordance with Decree the draft of the Law of RoK has been presented to the Parliament «Concerning amendments into the certain legal acts of RoK on issues related with currency regulation and currency control » (hereinafter – Law).

The Law amends the following Laws of RoK:

• The Law of RoK dated 30 March 1995 «About National Bank of RoK» (hereinafter – the Law «About National bank»);

• The Law of RoK dated 13 June 2005 «On currency regulation and currency control» (hereinafter – the Law «On currency control»).

We would like to note that in the Law «On National bank» and in the Law «On currency control» the definition «transaction passport» has been replaced with definition «account number of the contract».

Thus, account number of the contract – is a registration number intended for currency operations accounting and reporting maintenance assignable by authorized bank to currency contract that is being made for export (import).

INTERNATIONAL LAW

Law of RoK № 439-IV dated 24 May 2011 on treaty ratification about coordinated principles of the currency politicy.

The given Law has ratified Treaty about coordinated principles of the currency policy (Treaty). The parties of the Treaty are Republic of Kazakhstan, Republic of Belarus and Russian Federation. The Treaty was made in order to deepen economic integration and development of cooperation in currency and financial sphere.

Treaty imposes principles and policy regarding trade, investment, movement of capital etc.

Law of RoK № №434-IV dated 2 May 2011 on treaty ratification about access rules to services of subjects of natural monopoly involved in gas transporation through gas-transport systems including basis principles of pricing and pricing policy.

The given Law has ratified Treaty purpose of which is to establish rules of access to the services related with gas transportation by subjects of natural monopoly in order to satisfy needs of countries that are participants of united economic area.

Law of RoK №431-IV dated 2 May 2011 on convention ratification about laundering, detection, withdrawal and confiscation of profits from criminal activities.

The given Law has ratified Convention with reservations in accordance with the Law. Convention provides adoption of legislative and other measures which enable to identify and seek for assets that are subject to confiscation in accordance with Convention and to prevent any operations with such assets and transfer and disposal.

Law of RoK №430-IV dated 2 May 2011 on ratification of the agreement about patent law.

The Law has ratified an Agreement on patent law. Agreement on patent law regulates legal relations of the participants of the Agreement in the sphere of patent law.

Information contained in this Client Update is of general nature and cannot be used as legal advice or recommendation. Please seek for a specific advice in relation to any questions. Please note that Kazakhstan and Turkmenistan are emerging economies and their legislation and legal systems are in constant development. Should you have any questions or would like to discuss subjects addressed in this Client Update please contact us.