Special Edition – Law on Permissions and Notifications
On 20 May 2014, the President of the Republic of Kazakhstan (“RK”) signed the Law “On Permissions and Notifications».
The Law has three major sections. It includes the entire currently effective Law of the RK “On Licensing” and all provisions related to notifications in the Law of the RK “On Administrative Procedures”. The Law also covers permissions, other than licenses.
The Law classifies permissions as follows:
1) permissions of the first category – licenses, which are required for extra high hazard activities or operations (e.g. license for abandonment of the raw hydrocarbon deposits, drug manufacturing license);
2) permissions of the second category – all permissions, other than licenses, which are required for medium hazard activities or operations (e.g. permit for environmental emission, firearms license);
3) notifications are required for low hazard activities or operations, where the government authorities must be informed of commencement or termination of such activities or operations (e.g. notice on tax treatment, notice on instruction and emergency response drill).
The former two categories require obtaining licenses/permissions, while the latter requires only notification of competent authorities.
The Law sets forth the procedure for introducing and terminating licenses/permissions or notifications.
Pursuant to the Law, any new permission for business will be introduced only upon analysis by the government authority of a regulatory impact of such permission on the business.
The Law comes into force on 20 November 2014.
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.
