Legislative News
This client update includes amendments to the legislation of the Republic of Kazakhstan in January 2013.
The legal acts introduced in January 2013, concern both public and private interests.
Among them there are some which we would like to draw your attention on as they may affect your business in Kazakhstan in a certain way:
REGISTRATION ISSUES
Law of the Republic of Kazakhstan No 60-V dated 24 December 2012 “On amendments and additions to some legislative acts of the Republic of Kazakhstan on state registration of legal entities and registration of branches and representative offices”. This Law has amended number of laws related to the state registration of legal entities and registration of branches and representative offices. According to the Law simplified procedure for the state registration of legal entities and registration of branches and representative offices was introduced. As an example, registration of businesses will be carried out in notification manner. Notification is filled in on portal of “electronic government.” Registration period is one day.
From 1 January 2013 electronic registration of rights to real estate was introduced, this reduces the registration period to one day. This provision contained in the Law of the Republic of Kazakhstan dated 27 April 2012 No 15-V «On amendments and additions to some legislative acts of the Republic of Kazakhstan on elimination of the contradictions, gaps, conflicts in laws related to corruption offenses”.
REPUBLICAN BUDGET FOR 2013-2015
The Law of Republic of Kazakhstan «On Republican Budget for 2013 – 2015″ dated 23 November 2012 No 54-V approved (from 1 January 2013) introducing the following rates:
1) Minimum wage – 18,660 tenge;
2) State basic pension payments – 9330 tenge;
3) Minimum pension – 19,066 tenge;
4) Monthly index for the calculation of benefits and other social benefits, as well as to the application of penalties, taxes and other charges in accordance with the laws of the Republic of Kazakhstan – 1731 tenge;
5) The minimum subsistence level for the calculation of basic social benefits – 18,660 tenge.
COUNTER– TERRORISM
On 8 January, 2013 was signed the Law “On amendments and additions to some legislative acts of the Republic of Kazakhstan on issues of counter – terrorism”. The Law provides for clear lines of authority and competence of the state and local authorities in combating terrorism, the legal regulation of an effective mechanism to coordinate their work, clarification of conceptual apparatus, eliminating conflicts of laws.
CURRENCY
Government Resolution of the Republic of Kazakhstan No 1743 dated 29 December 2012 approved individual activities, in the implementation of which in Kazakhstan, individual entrepreneurs and legal entities are required to install in places of their work equipment (devices) intended to receive payments using credit cards, and also accept payments using credit cards.
The Resolution is effective upon ten calendar days following first official publication.
TAX LEGISLATION
Law of the Republic of Kazakhstan “On amendments and additions to some legislative acts of the Republic of Kazakhstan on issues of taxation» dated 26 December 2012 effective from 1 January 2013. Under the Law medium businesses and state enterprises based on the operational management (public enterprises) draw up financial accounting in accordance with the international standard for small and medium businesses. Also, various mechanisms of the tax administration were revised. Thus, the document provides for the introduction of electronic invoicing, establishes a simplified procedure for the liquidation of certain categories of legal entities and individual entrepreneurs, etc.
The Government Resolution dated 30 November 2012, No 1518 (effective from 1 January 2013) in accordance with Art. 63 of the Tax Code approved forms of tax reporting and rules for 2013.
The Plan of tax audits for 1st half of 2013 was approved in accordance with the order of the Minister of Finance on 7 December 2012 No 537.
Government Regulation dated 29 December 2012 No 1771, approved the list of large taxpayers to be monitored. There are 300 taxpayers in the list.
SOCIAL SECURITY
From 1 January 2013 increased the size of pension payments from the State Center for Pension Payments appointed prior to 1 January 2013 to all recipients of pension payments by 9% of the pension payments.
From 1 January 2013 increased social payments from the State Social Insurance Fund in cases of disability and survivors’ benefits to persons who are recipients of social benefits on 1 January 2013 by 16%.
On 14 January 2013 President signed the Law “On State funded education system,” designed to provide affordable savings mechanisms for education and funding of educational services, and improving education. According to the Law, the State funded education system will operate along with state educational grants and educational loans issued by banks under state guarantee.
COURT PRACTICE
From January 2013 Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated 29 December 2012 “On the practice of law establishing penalties for trafficking was enacted.”
According to the Regulatory Resolution objective side crimes under Articles 128 and 133 of the Criminal Code of Kazakhstan, is infringing on the rights and freedoms of the individual, and is expressed in the purchase – sale or other transactions in respect of the person, its use, recruitment, transportation, transfer, harboring, and in performing other acts for exploitation. For the qualification of a criminal act is sufficient establish the fact of the commission of at least one action.
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.
