Legislative Newsv

This Client Update includes amendments to the legislation of the Republic of Kazakhstan in March 2011.

In March 2011 there were accepted approximately 200 regulatory legal acts, including:

• Laws of the Republic of Kazakhstan – 12;

• Decrees of the President of the Republic of Kazakhstan – 5;

• Resolutions of the Government of the Republic of Kazakhstan – 117 (26 of them have not been enforced);

• 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 on the following regulatory legal acts:

Law of the Republic of Kazakhstan dated 30 March 2011 № 424-IV «On enactment of the amendments and additions to the Civil Code of the Republic of Kazakhstan (Particular part)»

By this Law, it is stipulated re-calculation of redemption amounts of the forfeited earnings, which was forfeited in a result of health injuries, in case of:

• Increase of the salary amount by the employer who was recognized as a responsible person for the caused injury of the same profession and qualification;

• Increase of the minimal amount of the salary stipulated with terms of legislative acts, not during the increase of the monthly calculation indicators as it was earlier;

• Annually in proportion to the growth index of consumption prices for the previous year.

Law of the Republic of Kazakhstan dated 25 March 2011 № 421-IV «On enactment of the amendments and additions to some legislative acts of the Republic of Kazakhstan on issues of the civil legislation improvement»

By this Law, there were enacted a number of additions to the legislation of RoK. Namely, on disclaimer issues, legal entity name, liquidation of legal entities, on moveable and immovable property questions, mortgage registration, on questions of vehicle rent, transport expedition, inheritance and etc. From the above mentioned please draw your attention on the following:

• It sets the principle that the norms of civil legislation of Republic of Kazakhstan cannot contradict the main beginnings of civil legislation of the Republic of Kazakhstan;

• It stipulates the refusal right of citizens and legal entities from the possessed by them rights, if the other does not directly been stipulated in the legislation;

• There were legislatively set prohibition on doubling of the pure or essential parts of the names of legal entities, which were registered in Republic of Kazakhstan during designation of legal entities;

• The enumeration of grounds has been broadened for liquidation of legal entities by the decision of the court.

Thus, the legal entity can be liquidated in case of absence of legal entity by its location or by the factual address, and in case of absence of its founders (participants) and officials, without them the legal entity cannot function during one year.

Law of the Republic of Kazakhstan dated 1 March 2011 № 413-IV «On governmental property»

The above mentioned Law considers the legal regime of governmental property, the legal grounds of management of governmental property, including the property which is appointed after governmental legal entities and after stocks and shares of participation (which is in possession of government) of the authorized capital of the legal entities, the legal grounds of acquisitions and termination of rights on government property.

Thus, specifically, in the Law, it is considered the questions of priority right of the Republic of Kazakhstan on acquisition of strategic object, including the right restriction of its owners, the questions regarding the requisition, nationalization, compulsory alienation for the governmental needs, the peculiarities of the management of the separate types of governmental property and etc.

Resolution of the Government of the Republic of Kazakhstan dated 31 March 2011 № 331 «On some questions of removal of light distillates and products, gas oil from the territory of the Republic of Kazakhstan»

By this Resolution was:

• introduced quantitative restrictions on removal of light distillates and products (code ТН ВЭД ТС 2710 11) in a scope of 10 000 tones until 1 May 2011.

• entered amendments into Resolution dated 30 October 2010 №1139 «On introduction of temporary prohibition on removal of light distillates and products, kerosene», in regard with which was removed the 6month prohibition on removal of light distillates and products (code ТН ВЭД ТС 2710 11).

Resolution of the Government of the Republic of Kazakhstan dated 31 March 2011 № 316 «On confirmation of the Occupancy Program 2020»

This Resolution confirms the Occupancy Program of 2020.

For participants of the Program there can be suggested the following types of governmental support within the first direction:

– Consultation on questions of education and job placement;

– The subsidies providence for the people who goes through education;

Also there will be executed the following types of government support:

– Microcredit suggestion;

– Development of engineering – communication infrastructure;

Resolution of the Government of the Republic of Kazakhstan dated 2 March 2011 № 210 «On detection of organization which authorized to detect the status of the product of the Customs Union and (or) foreign product»

In accordance with the given Resolution, the organization which is authorized to detect the status of the product of the Customs Union and (or) foreign product, it is detected the consolidation of the legal entities “National economic chamber of the Kazakhstan «The Atameken Union».

Resolution of the Government of the National Bank of the Republic of Kazakhstan dated 9 March 2011 №20 «On establishment of the official refinancing rate of the National Bank of the Republic of Kazakhstan»

By the given Resolution the official refinancing rate of the National Bank of the Republic of Kazakhstan is established from the 9 March of 2011 on the level of 7,5 percent annually.

Resolution of the Government of the National Bank of the Republic of Kazakhstan dated 25 March 2011 №31 «On establishment of the official refinancing rate of the National Bank of the Republic of Kazakhstan»

By the given Resolution the official refinancing rate of the National bank of the Republic of Kazakhstan is established from the 1 April of 2011 on the level 7,5 percent annually.

Order of the Ministry of Transport and Communication of the Republic of Kazakhstan dated 24 March 2011 № 163 «On cancellation of the Order of the Ministry of Transport and Communication of the Republic of Kazakhstan dated 28 January 2011 № 37 «On affirmation of the form of the ship register, Register of rented foreign ships and shipping books»»

By the given Order, it is cancelled the Order of the Ministry of Transport and Communication of the Republic of Kazakhstan dated 28 January 2011 № 37 «On affirmation of the form of the ship register, Register of rented foreign ships and shipping books». It has entered into effect from the signature date.

Order of the Ministry of Transport and Communication of the Republic of Kazakhstan dated 3 March 2011 № 112 «On confirmation of Rules of certificate admittance of flying validity of civil aircrafts» (has not been brought into force)

The present Order affirms Rules of certificate admittance of flying validity of civil aircrafts, which is issued by foreign government.

Specifically, by the given rules it is established the terms of certificate admittance of flying validity, issued by foreign government, it is defined the list of the documents, necessary for obtainment of corresponding decision, and it is defined cases, when the issuance of the corresponding decision may be rejected.

It is confirmed the standards of the following governmental services.

• Conclusion issuance on the level of readiness of the premises for execution of bank operations;

• Conclusion issuance on presence of automated bank system, which responses for all requirements put forth to automated audit and to general ledger records;

• To apostil of all archive certificates and copies of archive documents, outgoing from the special government archive of the Committee of National safety of the Republic of Kazakhstan.

INTERNATIONAL LAW

Law of the Republic of Kazakhstan dated 29 March 2011 № 422-IV «On ratification of the Agreement of the governments-participants of the Commonwealth of Independent States on opposition to legalization (laundering) of criminal income and terrorism financing»

By the present Law, it is ratified the Agreement on governments-participants CIS on opposition to legalization (laundering) of criminal income and terrorism financing, which is signed on 5 October of 2007 in Dushanbe.

Resolution of the Government of the Republic of Kazakhstan dated 28 March 2011 № 282 «On affirmation of the Agreement on collaboration in the sphere of legal safe-keeping and protect of the intellectual property and creation of Intergovernmental counsel on questions of legal safe-keeping and protection of the intellectual property»

The given Resolution affirms the Agreement on collaboration in the sphere of legal safe-keeping and protection of the intellectual property and creation of Intergovernmental counsel on questions of legal safe-keeping and protection of the intellectual property, signed in St. Petersburg on 19 November of 2010.

Resolution of the Government of the Republic of Kazakhstan dated 10 March 2011 № 244 «On affirmation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Chinese Peoples Republic on collaboration in the sphere of peaceful usage of atomic energy»

By the given Resolution, it is affirmed the Agreement between the Government of the Republic of Kazakhstan and the Government of the Chinese Peoples Republic on collaboration in the sphere of peaceful usage of atomic energy signed in Astana on 12 June 2010.

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.