Legislative News

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

The regulatory legal acts introduced in May 2013 concern both public and private sectors.

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:

SUBHEADING

1) The Law of the Republic of Kazakhstan No. 88-V, signed by the Head of the Government on 15 April 2013 “On government services”.

The Law regulates public relations in the provision of government services. Pursuant to this Law, the service recipients are entitled to:

• Receive full and valid information on government services;

• Receive government service in accordance with the standards of government services;

• Appeal decisions, actions (inactions) of the central government body, local executive body of oblast, city of republican status, capital, district, city of oblast status, akim of the city district, city of the district status, township, village, rural district and also of the service providers and (or) its officials, population service centers and (or) its employees on the questions of government services in accordance with the legislative acts of the RoK;

• Receive government service in paper and (or) electronically in accordance with the legislation of the RoK;

• Participate in public discussions of the drafts of the standards of government services in accordance with the article 15 of the Law;

• Apply to the court with a claim for the protection of violated rights, freedoms and legitimate interests in the provision of government services.

PERSONAL DATA

1) The Law of the Republic of Kazakhstan No. 94-V, signed on 21 May 2013 – «On personal data and its protection” (is effective upon its first official publication).

The Law regulates public relations in the sphere of personal data, and defines the purpose, principles and legal basis of the activities connected with collection, processing and protection of personal data.

The purpose of the Law is protection of the rights and freedoms of man and citizen in the collection and processing of personal data.

Collection, processing and protection of personal data are executed in accordance with the below principles:

• Adherence to constitutional rights and freedoms of man and citizen;

• Legitimacy;

• Confidentiality of personal data of limited access;

• Equality of rights of subjects, owners and operators;

• Ensure the safety of individuals, society and the state.

MIGRATION RULES

1) By joint order of the Minister of Internal Affairs of the Republic of Kazakhstan dated 07 March 2013 and acting on behalf of the Minister of Foreign Affairs of the Republic of Kazakhstan dated 05 March 2013, there were confirmed new Rules on issuance of a visa of the Republic of Kazakhstan as well as prolongation and reduction of the terms of its validity. These Rules are effective from 29 May 2013.

Main purpose of the adoption of the Rules is to bring its provisions in accordance with the Law of the Republic of Kazakhstan “On Migration”, the improvement of existing procedures for issuing visas, as well as regulating the entry, exit and stay on the territory of the Republic of Kazakhstan of foreign citizens.

The Rules were first introduced these types of visas, as “non-immigrant” and “immigrant”. For non-immigrant visas include the following types of visas: diplomatic, service, mutual funds, business, missionary, tourist, private and transit, and to immigration – for permanent residence, family reunion, education, labor activity, humanitarian motives.

TAX ISSUES

1) Decree of the Government of the Republic of Kazakhstan “On approval of forms of tax registers and editing rules” was amended.

Mainly, the Rules on forms of tax registers are provided in new wording. The form of tax register for goods, acquired by tax payers, who implemented realization of indicated goods at points of sale, including trade markets, was excluded.

2) By the Decree of the Government of the RoK dated 08 May 2013, No. 456, the forms of tax applications were amended (is effective upon its first official publication).

3) By the Order of the Ministry of Finance of the RoK dated 07 December 2012, No. 537, the Plan of tax audits was approved for 1 half-year of 2013.

4) By the Order of the Ministry of Finance of the RoK dated 06 May 2013, No. 233, the Plan of tax audits was approved for 2 half-year of 2013.

LABOUR ISSUES

1) The Rules and conditions of issuance of work permits to foreign employees and for employers to attract foreign labour force were amended in accordance with the Decree of the Government of the RoK dated 08 May 2013, No.467 (is effective in 10 calendar days upon its first official publication).

Special conditions are not provided for the renewal of permits for foreign employees, as well as obtaining or prolongation of permits for foreign employees among below employers:

• Employers implementing programs to increase local content in hiring the local personnel, itstraining and the reduction of foreign personnel;

• Employers participating in implementation of projects included to the list of Industrialization Map for 2010-2014, including contractors working on start-up, commissioning and installation of process equipment;

• Employers participating in implementation of the Program “Productivity 2020”, which received favorable decision for provision of state support in attraction of highly qualified foreign specialists;

• Employers engaging foreign labour force within the quota for priority projects and countries of origin;

• Employers engaging foreign labour force to work in representative offices of foreign legal entities;

• Employers which are government agencies or state-owned enterprises of the Republic of Kazakhstan.

2) By the Decree of the Government of RoK dated 14 May 2013 No. 478, Comprehensive Plan to promote employment of people over 50 years (initiative 50+).

Thus, the Ministry of Labour and social protection of RoK population was instructed to ensure public control over observance of labor legislation on the prevention of discrimination in employment and in the course of employment of people older than 50 years by the Republican associations of trade unions (as may be agreed).

COURT PRACTICE

1) By the regulatory Decree of the Supreme Court of the Republic of Kazakhstan dated 04 April 2013, No. 2 “On introduction of amendments and additions to some regulatory decrees of the Supreme Court of the Republic of Kazakhstan”, there were introduced amendments and aditions to some regulatory decrees of the Supreme Court of the Republic of Kazakhstan (is effective from 17 April 2013).

Introduction of amendments and additions to number of regulatory decrees of the Supreme Court of the Republic of Kazakhstan, namely:

• “On the proceeding the criminal cases in the supervisory instance” on 28 April 2000, No. 2;

• “On the return of criminal cases for further investigation” dated 13 December 2001, No. 19;

• “On the practice of issuance by the courts of private rulings in criminal cases” dated 19 December 2003, No. 11;

• “On review of the civil action in the criminal process” dated 20 June 2005, No. 1;

• “On judicial practice in cases of private prosecution” dated 25 December 2006, No. 13.

Information contained in this Client Update is of general nature and cannot be used as legal advice or recommendation. Please seek a lawyer for a specific advice. Please note that Kazakhstan is an emerging economy and its legislation and legal system are in constant development. Should you have any questions or would like to discuss matters addressed in this Client Update, please contact us.