Legislative News

This CLIENT UPDATE includes amendments to the legislation of the Republic of Kazakhstan (“RK”) in April 2014.

The legislation outlined in this Client Update concern both public and private sectors. Some of them may be of interest to you as it may affect your business in Kazakhstan in certain way.

This month we would like to draw your attention to the following legal acts:

EXPORT

1) On 19 April 2014, the Government of RK adopted the Resolution “On imposing temporary export embargo for iron-and-steel waste and iron-and-steel scrap on the territory of RK”.

The Resolution imposes a temporary export embargo for iron-and-steel waste and iron-and steel scrap, except for alloy steel waste and alloy steel scrap, including corrosion-resistant steel, for the period from 21 April through 30 June 2014.

DRAFT LAWS

Administrative Offense Code

1) On 30 April 2014, Mazhilis (the lower house) of Parliament of the RK approved the draft of Administrative Offense Code (“the Draft Code”).

The Draft Code has revisited the concept of “administrative offence”. It is now defined as an illegal, guilty (intentional or careless) act (action or lack of action) by an individual or a legal entity, which results in administrative liability under the Draft Code. In case of a legal entity the guilt will be established through the fault of the individual.

The Draft Code proposes introducing a shortened form of administrative proceedings for cases when an individual pays the fine against the receipt issued along with the administrative offense protocol. Such shortened form will further allow paying half of the fine in case of early payment made within seven days from the moment when the protocol was handed over. In case of disagreement with the administrative offense, the case will be heard as per standard procedure.

The Draft Code introduces the institute of administrative judgments review. An interested person (individual or legal entity) is entitled to review such judgments by filing an application.

The Draft Code also proposes revising the way the terms for punishment are calculated. In particular, the term would include non-working time except for cases when the term was calculated by days.

Criminal Procedure Code

2) On 16 April 2014, Mazhilis of RK approved the draft of Criminal Procedure Code (“the Draft CPC”).

The Draft CPC proposes to simplify the procedure for commencement of criminal prosecution (skipping pre-investigation check and initiation of criminal case), to narrow the discretionary powers of investigation and inquiry authorities to undertake certain procedural actions, which affect constitutional rights of citizens (excluding lodging of charges), to expand the defense lawyers participation during the pre-trial stage.

In addition, the Draft CPC introduces the so-called “plea-bargaining arrangement” whereby the parties reach an agreement that the punishment for criminal conduct would be decreased in exchange for active cooperation with investigation authorities.

It is further proposed to exclude the right of the court to return a criminal case for additional investigation.

The Draft CPC provides establishing a special victim fund for compensation against caused harm, which will be formed out of obligatory payments imposed on perpetrators, who have committed crime, as well as out of sale of the seized ill-gotten gains.

The Draft CPC introduces a new term of investigating judge, who will be authorized, in addition to granting sanctions for certain investigative actions, to hear petitions and motions of parties at the pre-trial stage.

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.