Kazakhstan Law News Digest for July 2022 | White & Case LLP

Our Kazakhstan M&A group discusses the July highlights on key authorized developments for power, competitors and subsoil use areas.

I. Legislative Information

Atmosphere

• The Ministry of Ecology, Geology and Pure Sources has approved the Nationwide Emission Allowance Plan for 2022 – 2025. The Nationwide Plan determines the whole quantity of emission allowance distributed among the many topics of the regulated spheres of exercise freed from cost, in addition to the reserve quantity of allowance bought to the themes on the phrases of the public sale. By the way in which, the regulated spheres of exercise embody: electrical energy, oil and fuel, mining, metallurgical and chemical exercise, in addition to the manufacturing of cement, lime, gypsum and bricks.

Subsoil Use

• The Ministry of Power has established a most worth on retail gross sales of Ai-80, Ai-92 and Ai-93 gasoline and summer time and low season diesel gasoline for 180 calendar days starting from 14 July 2022.

Gasoline and Gasoline Provide

• The Authorities has approved the Complete Gasoline Provide Plan for 2022 – 2026. The great plan focuses on analysing the issues and limitations restraining the event of the pure fuel business and, after all, gives various options and initiatives. Particularly, it’s value mentioning the checklist of preferences thought-about by the Ministry of Finance and the Ministry of Nationwide Financial system for fuel tasks in Kazakhstan: exemption from property tax, CIT, VAT, land tax, extra income tax.
• The Competitors Authority has introduced a short lived state worth regulation for retail gross sales of liquefied petroleum fuel at fuel stations. The utmost costs are set individually for every metropolis and area and are legitimate till 1 January 2023.

Funding

• The Authorities has approved the Idea of Funding Coverage in Kazakhstan by 2026. On the whole, the doc discloses foremost points in improvement of funding exercise in Kazakhstan and evaluation of present funding coverage. Please contemplate Part 7 of the Idea, which incorporates an motion plan, vital for additional improvement of the funding local weather in Kazakhstan.
• The Ministry of Nationwide Financial system has prepared a draft regulation offering for various amendments to numerous legislative acts on enhancing the enterprise local weather within the nation. Particularly, it’s value noting the opportunity of introducing preferences within the area of foreign money regulation for traders within the framework of funding agreements (Article 295-2 of the Entrepreneurial Code). For instance, it’s proposed to permit traders to satisfy the necessities of repatriation of nationwide/international foreign money by crediting to their international financial institution accounts. It’s noteworthy that different simplified situations can be included within the funding settlement, however solely after settlement with the Nationwide Financial institution. On 11 August 2022, public discussions on the draft regulation have been accomplished and the additional standing of the doc has not but been clarified.

Procurement

• The Ministry of Finance has introduced various modifications/dietary supplements to the Procurement Guidelines for Quasi-Public Sector Entities. Particularly, now the process for procurement by means of the digital store is regulated intimately. It must be recalled that purchases by means of e-shop are made solely in respect of homogeneous items, works and companies (GWS). Homogeneity must be understood as GWS that, although not similar, however have related traits and carry out the identical capabilities.

Enchancment of the Civil Laws

• The Senate of the Parliament has adopted the Regulation amending/supplementing, specifically, the Civil Code (the Normal and Particular Half), the Regulation “On Securities Market”, the Regulation “On Joint Inventory Firms” on numerous points regarding regulation of the securities market, technique of enforcement of obligations and actions of JSC (see the digest for May 2022 for particulars on the amendments). The Regulation shall come into impact on 12 September 2022, aside from sure provisions.

II. Clarifications from the State Authorities

1. Response of the Minister of Justice dated 14.07.2022 – “On the necessity for notarization with Kazakhstan notary of the settlement on the sale and buy of a share within the LLP already executed and notarized in Russia”.
2. Response of the Minister of Labour and Social Safety of Inhabitants dated 20.07.2022 – “On the legality of the employer’s actions in refusing to rent beforehand dismissed workers”.
3. Response of the Minister of Labour and Social Welfare dated 22.07.2022 – “On the withholding by the employer of fabric help supplied to an worker for recuperation after dismissal of an worker at his personal will”.
4. Response of the Minister of Justice dated 27.07.2022 – “On the opportunity of registration of the foreigner’s possession of business actual property in Kazakhstan”.

III. Case Regulation Information

• On 20 July 2022 the Supreme Courtroom published one other difficulty of Bulletin No. 6/2022 containing, inter alia, extracts from sure rulings of the Judicial Board for Administrative and Civil Circumstances of the Supreme Courtroom of the Republic of Kazakhstan.

IV. Authorized Publications

Zakon.kz/Analytics

• Zhanna Seidalina, Decide of Karaganda Regional Courtroom, PhD in Regulation – “Problems with introducing extraterritorial jurisdiction”.
• Almagul Ermekova, Decide of the Saryarka district court docket of Nur-Sultan metropolis – “Disputes about the suitable of possession of residential premises”.

Sud.gov.kz/Press Centre

• Umraliev Yerbol, Decide of the Supreme Courtroom – “Blacklist of state procurements. In every case we have to examine whether or not there was or was not intent of the provider”.

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Kazakhstan Law News Digest for July 2022 (Russian)

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