Legislative News

This CLIENT UPDATE includes amendments to the legislation of the RK in July 2010.

The following 200 legal acts were adopted in July 2010:

• Laws of the Republic of Kazakhstan – 15;

• Decrees of the President of the Republic of Kazakhstan – 7;

• Resolutions of the Government of the Republic of Kazakhstan – 51;

• Other regulatory legal acts.

Most of these regulatory legal acts concern the 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:

LAW OF THE REPUBLIC OF KAZAKHSTAN DATED 15 JULY 2010 №336-IV ZRK «ON RATIFICATION OF AGREEMENT BETWEEN THE REPUBLIC OF KAZAKHSTAN AND UNITED ARAB EMIRATES ON RENDERING OF LEGAL ASSISTANCE IN CIVIL AND COMMERCIAL MATTERS »

Ratification means that Agreement between the Republic of Kazakhstan and United Arab Emirates on Rendering of Legal Assistance in Civil and Commercial Matters signed in Abu Dhabi on 16 March 2009 (hereinafter – Agreement) is mandatory for execution in the territory of the Republic of Kazakhstan and prevails over provisions of national legislation.

Under Agreement the RK and UAE take measures on rendering of legal assistance in civil and commercial matters in accordance with their national legislations. In accordance with the Agreement legal assistance shall be rendered as follows: (1) by sending summons and other judicial documents; (2) transfer of evidences on requests or by proxy; and (3) recognition and enforcement of judges and amicable agreements.

LAW OF THE REPUBLIC OF KAZAKHSTAN DATED 15 JULY 2010 №339-IV ZRK «ON USE OF AIR SPACE OF THE REPUBLIC OF KAZAKHSTAN AND AVIATION ACTIVITY»

Law regulates public relations associated with air space of the Republic of Kazakhstan and aviation activity. Law also specifies procedure of use of air space and aviation activity for protection of life and health of human being, environment, state interests, air traffic control and satisfaction of needs of Republic of Kazakhstan and citizens in aviation services.

The Law shall be applied to: (1) users of air space of the Republic of Kazakhstan; (2) state, civil and experimental aviation within the bounds of the Republic of Kazakhstan; (3) state and civil aircrafts of the Republic of Kazakhstan during their location outside the limits of the Republic of Kazakhstan.

Law establishes competence of the Government of the Republic of Kazakhstan in the sphere of air space use and aviation activity, competence of authorized body in the sphere of civil aviation and competence of authorized body in the sphere of state aviation. Law regulates issues of certification in the sphere of civil aviation, organization of air space use, international flights of aircrafts of the Republic of Kazakhstan, flights of aircrafts of foreign states in the air space of the Republic of Kazakhstan, international flight execution in air space of the Republic of Kazakhstan, classification of aircrafts, aircraft staff, airdromes, provision of aviation security.

In accordance with the Law the following legal acts shall cease to be in force: (1) Law of the Republic of Kazakhstan dated 20 December 1995 «On Use of Air Space and Aviation Activity of the Republic of Kazakhstan »; (2) Law of the Republic of Kazakhstan dated 15 December 2001 «On State Regulation of Civil Aviation ».

LAW OF THE REPUBLIC OF KAZAKHSTAN DATED 15 JULY 2010 №337-IV ZRK «ON AMENDMENTS TO SOME LEGISLATIVE ACTS OF THE REPUBLIC OF KAZAKHSTAN ON ISSUES OF «E-GOVERNMENT» DEVELOPMENT”

The Law introduces some amendments to the following regulatory legal acts: Code of Criminal Procedure, Code of Civil Procedure, Notary Law, Law «On Judicial Authorities», Law «On Electronic Document and Electronic Digital Signature», Law «On Licensing”, etc.

Changes affect issues of use of electronic documents and electronic digital signature in the court, opportunity of notary certification by electronic signature, obtaining of electronic licenses, etc.

Resolution of the Government of the Republic of Kazakhstan dated 13 July 2010 №709 «On Amendments to Resolution of the Government of the Republic of Kazakhstan dated 15 October 2005 №1036»

ESTABLISHED RATE OF EXPORT CUSTOMS DUTY

In accordance with the Resolution rate of export customs duties for crude oil in the amount 20 US Dollars per ton was established.

Rates of export customs duties for crude oil established by Resolution shall be not applied to:

(1) export of crude oil by subsurface users produced under production sharing agreements concluded with the Government of the RK or competent body prior to 1 January 2009 that passed mandatory tax expertise, containing exemption from payment of export customs duties for crude oil;

(2) export of crude oil by subsurface users produced under subsurface use contracts containing exemption from payment of export customs duties for crude oil that are not production sharing agreements except for crude oil exported by subsurface users paying royalty.

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.