Regular Administrative Fines on Company’s Manager May End Up in Expulsion from the Country
Dear Clients,
Hereby we would like to inform you on current practice of the migration authorities related to initiation of the expulsion from the country of company managing officers for violation of the legislation of Kazakhstan.
Legal prospective
The administrative legislation provides that foreign citizen can be expelled from the territory of Kazakhstan for commitment of administrative offences. Thus, the administrative offences, where expulsion can be administrative penalty, are related to breach of rules of staying in Kazakhstan.
On the other hand, the Civil Procedural Code provides that the foreign citizen can be expelled from the territory of Kazakhstan for violation of the legislation of Kazakhstan. Therefore, if foreign citizen (individual) breaches the legislation of Kazakhstan, then, he can be expelled upon the court decision.
Practice
Our recent practice shows that current approach of the authorities is that administrative offence committed by foreign citizen in capacity of management team member is considered as violation of the legislation of Kazakhstan conducted by foreign citizen (individual), therefore, migration authority may file a claim to the court to expel such foreign management team member from the territory of Kazakhstan.
We already had cases where migration authority filed the claimed to the court on expulsion of foreign Managing director from the territory of Kazakhstan for commitment an administrative offence.
Recommendations
We kindly recommend you to re-consider the responsibility issues in the company: the list of the responsible individuals and the practice of how members of management team are brought to responsibility, and preferably not to admit regular administrative responsibility on the same members of the management team.
This is a short notice and warning and if you require further information or have any questions, please contact us.
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.
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.
