Monthly Legal Alert: November 2022

SIGNUM regularly provides Legislative/Regulatory Alerts to keep Clients informed about important laws and regulatory changes in the Republic of Kazakhstan (“RK”). This Alert covers recent developments introduced in November 2022 related to:

1.     Tariff for the service of maintaining the electric capacity;

2.     Pharmaceutical specialist certification;

3.     Information system on raw and commercial gas accounting;

4.       Formal employment of independent workers.

1.     Tariff for the Service of Maintaining the Electric Capacity[1]

The formula of the marginal tariff for the service of maintaining the electric capacity (the “Formula”) has been changed.

Electric capacity readiness maintenance service is a service rendered by energy-producing organizations to a sole purchaser to maintain the duly certified electric capacity of generating installations to carry the load.

Pursuant to the amendments, the Formula provides for an indexation coefficient that considers annual inflation rates determined according to the data of the National Bank of the RK for the period from 2016 to the year preceding the billing period.

2.     Pharmaceutical Specialist Certification

The Rules for a healthcare specialist certification[2] (the "Rules") have been supplemented by the governmental service "Issuance of a Specialist Certificate in the Field of Circulation of Medicines and Medical Devices".

Previously the Rules provided only for the governmental service “Issuance of a Specialist Certificate for Admission to Clinical Practice” applicable to all healthcare specialists.

There is a clear division into specialists with medical education, who are certified for admission to clinical practice, and specialists with pharmaceutical education, who are certified in the field of circulation of medicines and medical devices now.

Specialists apply to the territorial departments of the Committee for Medical and Pharmaceutical Control of the Ministry of Health of the RK via the web portal of "electronic government" (www.egov.kz, www.elicense.kz). The consideration term of the application is 5 business days, following which the applicant is granted with a specialist certificate. The said certificate is subject to confirmation every 5 (five) years.

From 1 July 2021 mandatory certification of pharmaceutical specialists was introduced in Kazakhstan.

3.     Information System on Raw and Commercial Gas Accounting [3]

The information system on accounting of a crude oil and gas condensate has been supplemented by accounting of a raw gas and products of its processing (commercial gas).

The system is designed for automated collection, processing, storage and use of data on the amount of raw gas in circulation prepared for processing and supply to the customer, as well as used for own needs. The said gas shall be disposed by injection into the reservoir for the purpose of storing and (or) maintaining reservoir pressure burned in cases and under the conditions established by the Kazakhstan laws.

It should be noted that these amendments shall come into force from 1 January 2024.

4.     Formal Employment of Independent Workers

The Ministry of Labor and Social Protection of the RK presented the draft Social Code of the RK to the deputies at the government hour in the Mazhilis of the Parliament of the RK. The project is published on the official website of the department for preliminary discussion.

One of the innovations will be the recognition of the formal employment of independent workers (couriers, taxi drivers, etc.). All forms of flexible employment will be recognized, including platform employment.

For these purposes, the concept of "independent worker" is introduced. The latter is defined as a person engaged in labor activity producing him a profit, but who does not have an official governmental registration with the relevant governmental authority.

If such persons join the offer of online platforms or enter into a public contract, their activities will be recognized as formal employment. Operators of online platforms will be recognized as their tax agents and will ensure the payment of mandatory tax payments and social contributions. Independent workers will receive social payments from the republican budget, governmental social funds and insurance companies.

1. Order of the Minister of Energy of the Republic of Kazakhstan No. 358 dated 16 November 2022 “On Amendments to the Order of the Minister of Energy of the Republic of Kazakhstan No. 147 dated 27 February 2015 “On Approval of the Rules for Approving the Marginal Tariff for Electrical Energy, the Marginal Tariff for Balancing Electricity and the Marginal Tariff for the Service on Maintaining the Electric Capacity”. Entered into force on 17 November 2022.
2. Order of the Minister of Health of the Republic of Kazakhstan No. ҚR DSM-134 dated 15 November 2022 “On Amendments to the Order of the Minister of Health of the Republic of Kazakhstan No. ҚR DSM-274/2020 dated 15 December 2020 "On Approval of the Rules for a Healthcare Specialist Certification, Confirmation of the Validity of the Certificate Specialist in the Field of Health Care, including Foreign Specialists, as well as the Conditions for Admission to Certification of a Specialist in the Field of Health Care of a Person who has Received Medical Education outside the Republic of Kazakhstan. Entered into force on 24 November 2022.
3. Order of the Minister of Energy of the Republic of Kazakhstan No. 343 dated 2 November 2022 “On Amendments to the Order of the Minister of Energy of the Republic of Kazakhstan No. 154 dated 28 April 2018 "On Approval of the Rules for the Formation and Operation of an Information System for Accounting of Crude Oil and Gas Condensate". Effective from 1 January 2024.