Monthly Legal Alert: September 2023

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 September 2023 related to the following:

1.     Online platforms;

2.     Digital mining;

3.     Transfer of subsoil use rights;

4.     Unified Public Real Estate Registry;

5.     Notarial spousal consent.

1.     Online platforms

The law on online platforms and online advertising entered[1] into force on 10 September 2023. We have already written about the innovations of this law earlier. You can read the information in our Legal Alert at the following link: https://signumlaw.com/posts/obzor-zakonodatelstva-may-iyun-2023-g

The Administrative code also introduces administrative liability for users of online platforms and influencers (bloggers) for posting, disseminating false information in the media, on the Internet resource of the owner of the information, on websites or in other ways[2]. The fine is up to 200 MCI[3].

2.     Digital mining

The following requirements for connecting digital miners to electrical networks were approved as from 30 September 2023[4]:

•       Technical conditions for connecting to electrical networks for digital miners are issued by energy transmission organizations exclusively from transformer substations with a voltage of 35 kV and higher with an authorized power of at least 1 MW;

•       Digital miners with an installed capacity of 5 MW or more attach an external power supply diagram to the questionnaire;

•       Technical conditions for connecting digital miners with a declared capacity of over 5 MW to the electrical network of the energy transmission organization are agreed upon with the system operator. If the technical conditions for connecting digital miners to the electrical network with a declared capacity of over 5 MW to the electrical network of the energy transmission organization are not agreed upon with the system operator, the digital miners are not connected to the electrical networks of the energy transmission organization.

3.     Transfer of subsoil use rights

Rules for provision of the public service related to issueing permissions for transfer of subsoil use rights  entered into force on 19 September 2023[5].

This public service is rendered by the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan. Documents must be filed through the unified platform of subsoil users “Minerals.gov.kz”. The completeness of documents must be checked within 5 business days. The deadline for service completion is up to 3 months. Permission is issued for a period of one year.

4.     Unified Governmental Real Estate Cadastre

The rules for maintaining and using the “Unified Public Real Estate Cadastre” information system took effect on 9 September 2023[6].

The “Unified Public Real Estate Cadastre” is an information system containing information on land and legal cadastres and that consist of 16 subsystems and is integrated with 49 other governmental information systems.

The information system contains the following functions, among others:

Ø  search and review of an electronic file for a land plot and its real estate objects; identification characteristics of a land plot and linking of the object on the map (by address and/or cadastral number);

Ø  search and viewing of an electronic document of the land cadastral plan, cadastral passport with attributes describing the object;

Ø  linking statements and changes made to the land plot and related real estate objects;

Ø  maintaining the history of assignment, changes in cadastral numbers, addresses and other attributive information;

Ø  tracking the history of changes in rights, encumbrances and legal claims;

Ø  providing information on the estimated value of the land plot;

Ø  presentation of information on the ownership of the land plot.

5.     Notarial spousal consent

Notarized spousal consent can now be obtained via an online video call in the eGov Mobile application.

To get the service online:

Ø  log in to the eGov Mobile platform;

Ø  fill out an application form and undergo biometric verification;

Ø  provide consent via video call;

Ø  pay for notary services.

Upon completion of the video call, the user has an option to view the status of the application in the “Notarial actions” section. You can check the authenticity of an officially certified power of attorney using a video camera by scanning the QR code in the “Digital Documents” section in the eGov Mobile application. The generated power of attorney will be available in the Digital Documents service and may be presented where necessary.

1. Law of the Republic of Kazakhstan dated 10 July 2023 No. 18-VIII “On Online Platforms and Online Advertising.”
2. Law of the Republic of Kazakhstan dated 10 July 2023 No. 20-VIII “On Introducing Amendments to the Code of the Republic of Kazakhstan on Administrative Offenses.” Entered into force on 10 September 2023.
3. MCI is a monthly calculation indicator. 1 MCI for 2023 = KZT 3,450.
4. Order of the Minister of Energy of the Republic of Kazakhstan dated 25 July 2023 No. 275 “On Determining the Requirements for Connecting Digital Miners to Electrical Networks.” Entered into force on 30 September 2023.
5. Order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 14 July 2023 No. 516 “On Approval of the Rules for the Provision of Public Services “Issueing Permission for Transfer of the Subsoil Use Right (Share in the Subsoil Use right) Arising out of Subsoil Use Contract, Exploration License or Production License Solid Minerals, as well as  Transfer of Objects related to the Right to Subsoil Use.”
6. Joint order acting Minister of Agriculture of the Republic of Kazakhstan dated 16 August 2023 No. 303 and acting Minister of Justice of the Republic of Kazakhstan dated 21 August 2023 No. 602 “On Approval of the Rules for Maintaining and Using the Information System “Unified Public Real Estate Registry”.