Legislative News
This CLIENT UPDATE includes amendments to the legislation of the Republic of Kazakhstan in December 2011
These regulatory legal acts, adopted in December 2011 concern as the public interest, so the private interest, including Customs union issues and may catch your attention and affect your business in Kazakhstan.
We would like to draw your attention to the following regulatory legal acts:
Environmental issues
Law of Republic of Kazakhstan No.505-IV ZRoK dated 3 December 2011 «On introduction of amendments to certain legislative acts of the Republic of Kazakhstan on environment»
There were introduced amendments to certain legislative acts on environmental issues, addressed to decrease accumulated waste volumes by strengthening responsibility for environment pollution.
In accordance with the Law from January 2013, natural resources users will be obliged to develop their own programs of wastes management. If such natural resources users do not fulfill requirements, established in indicated programs, authorized bodies will have rights to stop or revoke their licenses on emission in environment.
From 2013, subsurface users, throwing into environment more than 20 000 tons of greenhouse gases will have to get relevant quotas. Herewith such subsurface users will have rights to implement projects on reducing the level of greenhouse gas emissions, as well as to trade with indicated quotas between themselves.
On notaries
Law of the Republic of Kazakhstan dated 14 July 1997 “On notaries”
In this Law, there are introduced amendments in accordance with which from competence of justice agencies are excluded authorities on confirmation of notaries quantity for each notarial district, formation of persons reserve, received a license on notarial activity right and holding a competitive selection for engaging vacant position of private notary.
On amnesty for crimes of little and average gravity
Law of the Republic of Kazakhstan No.521-IV dated 28 December 2011
In connection with twenty-years-old state independence of the Republic of Kazakhstan Law No.521-IV dated 28 December 2011 specifies release from criminal sanction depending on gravity degree and subject of crime.
Particularly, criminal cases and cases, not considered by courts on crimes of little and average gravity, made before introduction into effect of the Law, for which the penalty is specified till five years of liberty restraint or penalty, irrelevant with liberty restraint are subject to refusal to initiate and discontinuance in the procedure specified by criminal procedural legislation of the Republic of Kazakhstan.
We draw your attention that pre-emptive part of economic and tax crimes conforms to abovementioned criteria. Accordingly materials of pre-investigation checks and criminal cases on economic and tax crimes are subject to termination.
On advocacy
Law of the Republic of Kazakhstan No.523-IV dated 28 December 2011
By this Law, there are introduced amendments to Civil procedural code, Law of the Republic of Kazakhstan “On advocacy activity” and Law of the Republic of Kazakhstan “On noncommercial organizations” in the purposes of provision of work transparency of attestation commission and quality improvement of legal support, provided by attorneys.
Tax and taxation
Sulfur distribution
Law of the Republic of KazakhstanNo.505-IV dated 3 December 2011
In accordance with this Law, the list of tax unit payment for emission in environment is added by paragraph on sulfur distribution, which is appeared during oil operations.
Immunity from VAT during temporary import within Customs unit
Rules on immunity from VAT payment for goods, temporarily imported on the territory of the Republic of Kazakhstan are approved by Resolution of the Government of the Republic of Kazakhstan, including transports, from the territory of states that members of Customs union.
Checking plan
Order No. 615с of Ministry of Finance of the Republic of Kazakhstan dated 8 December 2011
In accordance with order No. 615с of Ministry of Finance of the Republic of Kazakhstan dated 8 December 2011, Tax checks plan is approved on 1 half year of 2012.
Accounting and financial reporting
Resolution of the Government of the Republic of Kazakhstan No.1248 dated 31 October 2011
In accordance with Resolution of the Government of the Republic of Kazakhstan No.1248 dated 31 October 2011, the procedure of accountants’ accreditation of professional organizations and organizations for professional certification of accountants is established by central state body, carrying out regulation activity in the sphere of accounting and financial reporting.
First president’s day
Law of the Republic of Kazakhstan “On holidays in the Republic of Kazakhstan”
Amendments are introduced in Law of Republic of Kazakhstan “On holidays in the Republic of Kazakhstan”, in accordance with it, 1 December is national holiday in the Republic of Kazakhstan, the First President’s Day of the Republic of Kazakhstan.
Quota on engaging of foreign labors
Resolution of the Government of the Republic of Kazakhstan No.1623 dated 28 December 2011
In accordance with Resolution of the Government of the Republic of Kazakhstan No.1623 dated 28 December 2011, the quotas on engaging of foreign labors are established for carrying out labor activity on the territory of the Republic of Kazakhstan on 2012 in amount of 1% to economically active population of the Republic of Kazakhstan.
Immunity from customs payments, duties and VAT on import upon construction of Second division of «Kazakhstan — China» gas pipeline
Resolution of the Government of the Republic of Kazakhstan No. 1533 dated 14 December 2011
In accordance with Resolution of the Government of the Republic of Kazakhstan No.1533 dated 14 December 2011, organizations, registered in the Republic of Kazakhstan, released from customs duties payment, customs fee and VAT upon importation of goods, materials and equipment, directly related to building production process of Second division of «Kazakhstan — China» gas pipeline.
Tobacco and tobacco goods producers and importers reports
Resolution of the Government of the Republic of Kazakhstan No.1368 dated 22 November 2011
By Resolution of the Government of the Republic of Kazakhstan No.1368 dated 22 November 2011, tobacco and tobacco goods producers and importers are obliged to submit reports of laboratory investigations results on maximum permissible nicotine and tarry materials in all brands of tobacco and tobacco goods every year to 1 February of next year in authority body of health care.
Official sources about market prices on crude oil and (or) gas condensate and oil products
Resolution of the Government of the Republic of Kazakhstan No.1568 dated 21 December 2011
The list of officially recognized information sources about market prices on crude oil and (or) gas condensate and oil products is approved by Resolution of the Government of the Republic of Kazakhstan No.1568 dated 21 December 2011.
We hope provided information will be useful for you.
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.
