Legal Arert: October-November 2018

SIGNUM regularly provides Legislative/Regulatory Alerts to keep Clients informed about important laws or regulatory changes in the Republic of Kazakhstan (“RK”). This Alert includes recent developments introduced in October and November 2018 related to:

  1. Eurasian Economic Union Member States Citizens’ Accidents Investigation
  2. Statistics Reporting
  3. Customs Duty Rates
  4. Rehabilitation and Bankruptcy Procedures
  5. Vehicle Registration
  6. Intellectual Property
  7. Licensing
  8. Monthly Calculation Index

1. Eurasian Economic Union1

The International Agreement2  on employment law matters was ratified by RK. The Agreement sets the procedure for investigation of work-related accidents of the citizens of the member states of the Eurasian Economic Community (“EurAsEU”) employed in the other EurAsEU member state.

2. Statistics Reporting3

Following the changes, the respondent is now entitled to file the primary statistical reporting in one of the following ways:

  • In hard copy
  • Via a computerized telephone survey system
  • In person

3. Customs Duty Rates4

Some customs duty rates were changed. Specifically, customs duty rate for goods declaration is now set at KZT 20,000 per declaration, whereas it was KZT 19,000 for the main page of the goods declaration, and further KZT 7,000 for each additional page of the goods declaration.

4. Rehabilitation and Bankruptcy Procedures5

The form of the Register of the Creditor Claims in the rehabilitation and the bankruptcy procedures was revised. Claims of the clearing organization acting as a central counterparty are now referred to claims of the second rank creditors. Such claims arise from contracts with the central counterparty executed but not fulfilled by a bankrupt which is a clearing member of such clearing organization.

5. Vehicle Registration6

The form of the vehicle registration certificate was modified. New certificates will be issued on a phased basis starting as from 1 December 2018. All previously issued certificates will remain valid until the vehicles’ re-registration.

6. Intellectual Property7

Public services standards in the field of protection and enforcement of intellectual property rights were approved (please refer to http://adilet.zan.kz/rus/docs/V1800017557).

7. Medical and Pharmaceutical Licensing8

Local executive bodies of regions, cities with national status and capital cities were designated as a licensor for medical and pharmaceutical activities. Territorial divisions of the government authority responsible for sanitary and epidemiological welfare of the population will approve issuing licenses for medical and pharmaceutical activities for objects of high epidemic risk.

8. Monthly Calculation Index9

A monthly calculation index (MCI) in 2019 for the purposes of calculating various social benefits, penalties, taxes and other budgetary payments was set at KZT 2,525 tenge as from 1 January 2019. (MCI in 2018 was KZT 2,405).

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1 Ratified by the Law of the RK No. 186-VI dated 11 October 2018.

2 Agreement on the Procedure for Investigating Work-Related Accidents of the Citizens of One Member State of the Eurasian Economic Community in Another Member State of the Eurasian Economic Community (Minsk, 31 May 2013).

3 Law of the RK No. 192-VI dated 5 November 2018 “On Amendments to Certain Legislative Acts of the Republic of Kazakhstan on Government Statistics”. Entered into force on 18 November 2018.

4 Decree of the Government of the RK No. 774 dated 16 November 2018 “On Amending Resolution No. 171 of the Government of the Republic of Kazakhstan dated 5 April 2018 “On Approving the Rates of Customs Duties Levied by State Revenue Authorities”. Entered into force on 7 December 2018.

5 Decree of the Government of the RK No. 705 dated 1 November 2018 “On Amendments to the Decree of the Government of the Republic of Kazakhstan No. 762 dated 2 July 2014 “On Approval of Forms, Rules and Terms for Forming a Creditor Claims Register”. Entered into force on 16 November 2018.

6 Order of the Minister of Internal Affairs of the RK No. 711 dated 17 October 2018 “On Amendments to the Order of the Minister of Internal Affairs of the Republic of Kazakhstan No. 874 dated 8 December 2014 “On Approving Forms and Samples of Driving Permits and Vehicle Registration Certificate”. Entered into force on 1 December 2018.

7 Order of the Minister of Justice of the RK No. 1481dated October 11, 2018. Entered into force on 29 October 2018.

8 Decree of the Government of the RK No. 669 dated 23 October 2018. Entered into force on 4 November 2018.

9 Law of the RK No. 197-VI dated 30 November 2018 "On the Republican Budget for 2019-2021". Entered into force on 1 January 2019.

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