Legislative News

This client update includes amendments to the legislation of the Republic of Kazakhstan in February 2013.

The following regulatory legal acts were adopted in February 2013:

• Laws of the Republic of Kazakhstan – 12;

• Decrees of the President of the Republic of Kazakhstan – 9;

• Resolutions of the Government of the Republic of Kazakhstan – 94;

• and other regulatory legal acts.

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

CIVIL LEGISLATION

1) The Law of the Republic of Kazakhstan No. 73-V “On identity confirmation documents” (is effective in 10 calendar days upon its first official publication).

The Law defines legal basis of the identity confirmation documents, establishes requirements to its procedural arrangements, and regulates the activity on its preparation, issuance, replacement, withdrawal and liquidation of identity confirmation documents.

FINANCIAL MARKET

1) The Order of the Ministry of the Finance of the Republic of Kazakhstan No. 50 “On confirmation of national standard of financial reporting” (is effective in 10 calendar days upon its first official publication and retroactive from 01 January 2013).

The Standard is elaborated pursuant to the Law of the Republic of Kazakhstan “On accounting and financial reporting” and defines the principles and qualitative characteristics of financial reporting, accounting and financial reporting by the subjects of the small entrepreneurship, and by legal entities whose sole activity is the organization of exchange transactions in foreign currencies.

2) The Law of the Republic of Kazakhstan No. 67-V “On state educational system funding” (is effective in 10 calendar days upon its first official publication).

The Law regulates social relationships in the sphere of functionality of the State educational funding system, and the conditions, forms and the content of its state stimulation.

TAXES

1) The Order of the Ministry of Finance of the Republic of Kazakhstan No. 537 dated 07 December 2012 “On approval of tax reporting plans for the 1 half-year period of 2013” (is effective in 10 calendar days upon its first official publication).

By the Order, there was approved the check list of the objects for the 1 half-year period of 2 0 1 3. Please find out more about this list by the following link: http://www.salyk.gov.kz/ru/admintax/Documents/planproverok1-2013.xls

LABOUR LEGISLATION

1) The Order of the Ministry of Labour and social protection of the Republic of Kazakhstan No. 378-п–м dated 27 September 2012 “On approval of the qualification characteristics of the separate positions of the specialists of state agencies and stateowned enterprises that are common to all lines of business activities” (is effective in 10 calendar days upon its first official publication).

Qualification characteristics of the directors’ positions: chief accountant, chief engineer, chief technologist, chief electric superintendent are defined in Qualification manual of the positions of the directors and other employees.

During the elaboration of the job descriptions, it is accepted the clarification of the works, which are common for appropriate job position in concrete organizational-technical conditions, and requirements are established to the necessary special preparation of the employees.

EXTERNAL ECONOMIC ACTIVITY, CUSTOMS AFFAIRS

1) By the Resolution of the Government of the Republic of Kazakhstan No. 1499 dated 29 November 2012 “On some issues of transfer payments and receipt accounting of customs duties, taxes, customs fees and penalties”, there was introduced changes to the Resolution of the Government of the Republic of Kazakhstan No.1299 dated 23 September 2012 “On some issues of transfer payments and receipt accounting of customs duties, taxes, customs fees and penalties” (is effective in 10 calendar days upon its first official publication).

In the Rules of transfer payments to the budget, refund (offset) of overpaid (by mistake) or excessively collected amounts of customs duties, taxes, customs fees and penalties, the amount of advance payments, there was modified the form on Confirmation of presence of overpaid (by mistake) amounts of customs duties, taxes, customs fees and penalties to the budget.

SOCIAL SECURITY

1) The Law of the Republic of Kazakhstan No. 75-V dated 04 February 2013 “On introduction of amendments and additions to some legislative acts of the Republic of Kazakhstan on the issues of social security” (is effective in 10 calendar days upon its first official publication).

Pursuant to the Law, the procedure of determining of the social payments amounts in the event of loss of income due to pregnancy and childbirth, under the social justice and under insurance principles consideration was amended.

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.