Legislative News

This CLIENT UPDATE includes amendments to the legislation of the Republic of Kazakhstan and appointments in June 2011.

The following 154 acts were adopted in June 2011:

• Laws of the Republic of Kazakhstan – 9.

• Decrees of the President of the Republic of Kazakhstan – 8;

• Resolutions of the Government of the Republic of Kazakhstan – 137;

• 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 30 June 2011 № 449-IVOn Ratification of an Agreement on Reference to the Court of Eurasian Economic Community by the Economic Entities on Disputes in the frame of the Customs Union and Specifications of Legal Procedure on them

In accordance with the given Agreement, the Court of Eurasian Economic Community considers the cases on appeals of the economic entities (legal entities registered under the laws of the Customs Union member states or a third state):

1) on challenging the acts of the Commission of the Customs Union or its certain provisions;

2) on challenging the actions (inactions) of the Commission of the Customs Union.

The basis for challenging the acts of the Commission of the Customs Union or its certain provisions or actions (inactions) of the Commission of the Customs Union shall be their contradiction with the international agreements signed in the frame of the Customs Union which led to violation of the rights and legal interests of the economic entities provided by the given international agreements.

Law of the Republic of Kazakhstan dated 30 June 2011 № 448-IV On Ratification of an Agreement on Unified Principles of Regulation in the Sphere of Protection of Rightsof Intellectual Property

An Agreement is directed to unification of the principles of regulation in the sphere of protection of the result of intellectual activity and means of individualization of goods, works and services which are protected by the national legislation of the Parties (participant states of the Customs Union).

Resolution of the Government of the Republic of Kazakhstan dated 21 June 2011 № 684 On Establishment of the Joint Stock Company “Natinal Geological Exploration Company “Kazgeologiya”

JSC is established for the purposes of provision of optimal use of the territory of the republic, creation of favorable conditions for population and new mineral basis for the fund of future generations, and also provision of realization of economic and geopolitical interests of Kazakhstan in the Kazakhstani sector of Caspian shelf of the Republic of Kazakshtan:

1) reproduction of the mineral base of the republic;

2) participation in execution of the unified state policy in the sphere of geological exploration works;

3) execution of geological study of the subsoil, including search and appraisal of the mineral fields;

4) development and introduction of new science intensive and effective technologies to geological sector;

5) storage, processing and systematization of the received geological information data base;

6) effective management of the shares (participation interests) transferred to the company by organizations of geological sector.

Resolution of the Government of the Republic of Kazakhstan dated 30 June 2011 № 740 On Introduction of the Temporary Prohibition on Export of Light Distillates and Products, Kerosene and Gasoil

Resolution, for the period of six month, introduces prohibition on export of light distillates and products (code 2710 11), kerosene (code 2710 19 210 0 – 2710 19 250 0) and gasoil (code 2710 19 410 0 – 2710 19 490 0), except for special gasoline (code 2710 11 210 0 – 2710 11 250 0) and special stove petroleum.

Resolution of the Government of the Republic of Kazakhstan dated 17 июня2011 № 665

On Certain Issues of Establishment of Threshold Indications of Retail Prices for Socially Significant Provisions and the Amount of a Maximum Price on them

Resolution establishes the Rules determining the procedure of establishment of the threshold indications on retail prices for socially significant provisions and the amount of a maximum price on them. Therefore, threshold indications on retail prices are established on the products such as wheat powder of first sort, buckwheat, oat, semolina and pearl grains, common and dietary salt.

Resolution of the Government of the Republic of Kazakhstan dated 17 June 2011 № 664 On Confirmation of an Agreement on Cooperation Between the Governments of Member States of Shanghai Cooperation Organization in Strife with Criminality.

An Agreement is signed in the frame of cooperation in prevention, suppression, exposure and solution of crimes, including crimes executed by the organized groups, on the following directions:

• Crimes against life, health, freedom, honor and dignity of an individual;

• Terrorist, separatist or extremist activity;

• Crimes against property;

• Corruption;

• Crimes in the sphere of economy, including legalization of incomes derived from criminal activity and financing of terrorism; etc.

Therefore, the parties, through the competent bodies of the their states, carry out cooperation in strife with crime, especially with its organizational forms, in accordance with the provision of the given Agreement and at compliance with international liabilities and legislation of the member states.

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.