Legislative News

The present CLIENT UPDATE includes legislative news and amendments in June 2009.

The following 439 documents were adopted in June 2009:

• Laws of the Republic of Kazakhstan -45;

• Decrees of the President of the Republic of Kazakhstan – 25;

• Resolutions of the Government of the Republic of Kazakhstan – 182;

• Other regulatory legal acts.

Among new legal acts, there are some legal documents that can attract your attention and have certain impact on your business in Kazakhstan.

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

Changes are made to Ecological Code RK

The Law «On Amendments to the Ecological Code of Republic of Kazakhstan concerning Regulation of Import of Ecologically Dangerous Technologies, Technics and the Equipment», which provides mechanisms of prohibition of import and use of ecologically dangerous technologies, technics and the equipment is signed.

The technologies application of which does not meet ecological requirements established by the legislation or international standards and also as a result of application of which bring to development of waste, which is technologically impossible to neutralize or recycle in Republic of Kazakhstan or recycling of which is of a high ecological risk or economically inexpedient, are considered ecologically dangerous.

The technics and equipment with the expired standard term of the operation application of which does not correspond to ecological requirements and use of which bring to formation of a waste, is technologically impossible to neutralize or recycle in Republic of Kazakhstan, are considered ecologically dangerous.

The Tax Code was amended

The amendments to the Tax Code come into effect starting 1st of January, 2009 and relate to the following:

• order of fulfillment of tax obligation at reorganization of a legal entity;

• adjustment of turnover subject to VAT;

• establishment in 2009 of the right of recognition of structural subdivisions of a legal entity as independent payers for land plots usage and (or) payment for emission to the environment.

At the same time fulfillment of the tax obligation on preparation and submitting of tax reports to tax authorities, settlement of payment for land plots usage and emissions to the environment within terms stipulated by the Tax Code by structural subdivisions of a legal entity recognized as independent payers of these payments, shall be considered as fulfillment of an obligation of such legal entity.

– issuance of tax invoices by VAT payers.

For instance, upon decision of the VAT payer a tax invoice can be certified by his seal, stating “For Tax Invoice”.

Structural subdivision of a legal entity upon decision of VAT payer has a right to certify issued by it tax invoice by a stamp of such structural subdivision of a legal entity, including stated above seal.

It is also stipulated, that supplier of goods, works and services can issue additional tax invoice in order provided by article 265 of the Tax Code at simultaneous presence of the following conditions: a tax invoice is issued by a supplier of goods, works, services in cases provided by article 263 of the Tax Code before the date of realization turnover with indication of a VAT sum charged at a tax rate in effect at the date of issuance of such tax invoice; a VAT rate in effect at the date of issuance of tax invoice differs from a tax rate in effect at the date of realization turnover on such tax invoice.

Questions of private business

The amendments and additions to the legal acts of Kazakhstan concerning private business were made.

Amendments are directed on perfection of interaction of state authorities with the accredited associations of subjects of private business within the limits of advisory councils on working out and preparation of projects of drafts of legal acts.

Also the norms regulating carrying out of inspections of businessmen by state authorities, differentiating concept of inspection and other forms of the state control are amended. Moreover, the norms providing responsibility for repeated infringement of an order of carrying out of inspection of subjects of private business are amended.

Changes in legal acts regulating intellectual property

Amendments define the rights to obtain of security documents to the invention created by the author during performance of official duties, not connected with performance of official duties, but created with use of the office information, material, technical and other means of the employer.

Also judicial authorities are authorized by function of conduct accreditation of the organizations operating property rights on a collective basis.

Changes also relate to questions of administrative and criminal liability for manufacturing, distribution or other use of counterfeit copies of the recorded performer, programs of a radio and cable broadcasting.

Rules of floating and manufacturing in maritime belt of Kazakhstan are established

Rules of floating and manufacturing of economic, research, prospecting and trade works in maritime belt (sea) define the regulations of floating and manufacture of economic, research, prospecting and trade works in maritime belt (sea).*

Rules apply to all vessels, irrespective of their affiliation, floating and manufacturing economic, research, prospecting and trade works in maritime belt (sea).

Economic, research, prospecting and trade activity of foreign non-military and military ships in maritime belt (sea) of Republic of Kazakhstan is forbidden, except for cases established by the legislation of Republic Kazakhstan or the international agreements of Republic of Kazakhstan.

*Resolution of the Government of Kazakhstan No. 962 “On approval of Rules of floating and manufacturing of economic, research, prospecting and trade works in maritime belt (sea)» dated 22.06.2009.

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.