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Grata Law Firm

104, M. Ospanov Street
Almaty 050020
Kazakhstan

Phone+7 (727) 2445-777
Fax +7 (727) 2445-776

Articles Published by Grata Law Firm

 Key Features of the Engagement of Foreign Labor in the Republic of Kazakhstan

Kazakhstan, like many other countries, has an established permit procedure for employing foreign workers. In this case, obtaining a permit for engagement of foreign workers is the responsibility of an employer. In practice employers frequently commit violations when engaging foreign workers owing to incomplete knowledge of the appropriate procedures.

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 Law "On Gas and Gas Supply" - The State Strengthens its Positions in Kazakhstan

On 9 January 2012, the President of Kazakhstan signed the Law "On Gas and Gas Supply", which has no analogue in the legislation of the Republic of Kazakhstan, since earlier this sector was governed by the subsoil laws and a range of governmental resolutions. In this Article, we would like to inform on the important legal changes, which may affect activities of companies working in the gas industry.

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 Laws Governing International Commercial Arbitration and Associated Risks in Kazakhstan

The main statute governing international arbitration in the Republic of Kazakhstan (hereinafter "RoK") was introduced in 2004. However, the growing interest in the resolution of disputes by means of international arbitration is only a recent development. In addition to those who would traditionally pursue this route, such as foreign companies or subsidiaries located in the RoK, an increasing number of Kazakhstani companies are considering international arbitration.

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 Kazakhstan - There Have Been Few Amendments in the Permit System and the Laws of Licensing

In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments, we would like to draw your attention to the review of this Law. General Provisions - On 10 July 2012, the Law of the Republic of Kazakhstan 'On Amendments to Some Legislative Acts of the RK concerning the Reduction of Permits and Approvals and Optimisation of Controlling and Supervisory Functions of State Authorities"(hereinafter - the 'Law') was passed, coming into force from 7th August 2012.

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 Kazakhstan is Due to Adopt a New Law "On the Main Pipeline"

In keeping with GRATA Law Firm’s policy of keeping clients informed of important legal developments that may affect their business, we would like to draw your attention to recent changes in Kazakh legislation in connection with the adoption of the new draft law entitled "On the Main Pipeline".

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 Kazakhstan Legal Alert - GRATA Finance and Securities (January-March 2012)

In keeping with GRATA’s practice of informing clients regarding important legal developments that might influence their business, we draw your attention to the following recent changes in Kazakhstani financial legislation that occurred during the period of January - March 2012.

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 Kazakhstan: New Local Content Approach

General overview of Kazakhstan in World Mineral Industry. - Kazakhstan ranks second only to Russia among the countries of the CIS in its quantity of mineral production. It is endowed with large reserves of a wide range of metallic ores, industrial minerals, and fuels, and its metallurgical sector is a major producer of a large number of metals from domestic and imported raw materials.

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 Environmental Inspections

Environmental inspections: practical recommendations for subsoil users on supporting and appealing environmental inspections (as amended by the Law of the RoK ‘On state control and supervision in the Republic of Kazakhstan’ dated 06 January 2011).

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 Legislation of the Republic of Kazakhstan on Use of Renewable Energy Sources

In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments that might influence their business, we would like to draw your attention to the recently enacted Law of the Republic of Kazakhstan 'On Supporting the Use of Renewable Energy Sources' aimed at the creation of legal framework for the use of renewable energy sources in Kazakhstan.

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 Law of the Republic of Kazakhstan "On State Property"

On 1 March 2011, the President of the Republic of Kazakhstan has signed a new Law ‘On State Property’ No. 413-IV (hereinafter – the ‘Law’) with effective date 10 March 2011. The Law defines the principles for regulating relations in the area of state property management.

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 Flaring, Disposition and Processing of Associated Gas in the Course of Oil Operations: Legal Provisions

Law of the Republic of Kazakhstan 'On Subsoil and Subsoil Use': a head for the processing of associated and natural gas. One of the most serious environmental and economic problems connected with oil operations in Kazakhstan is the refusal to flare associated and natural gas in fields and the transition to its processing. Even in the recent past, gas flaring has been a part of the process of oil companies in Kazakhstan and occurred in almost all fields.

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 Kazakhstan Introduces Legislation on Climate Change

In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments that might influence their business, we would like to draw your attention to prospective changes in Kazakh legislation in connection with the new draft Law “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Relating to Environmental Issues”, aimed at engagement of Kazakh companies to implementation of the Kyoto Protocol mechanisms.

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 Kazakhstan – Key Industry Regulations

GRATA Law Firm has provided sophisticated legal services to leading enterprises in Kazakhstan and Central Asia since 1992. In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments that might influence their business, we would like to draw your attention to the below description of key regulations relation to the most significant areas of Kazakhstani industry – subsoil use, power and construction.

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 Kazakhstan has Adopted a New Law 'On State Property'

In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments that might influence their business, we would like to draw your attention to the recent changes in Kazakh legislation in connection with the adoption of the new Law 'On State Property'.

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 Developments in Financial Legislation in Kazakhstan

Following the financial crisis, the Government of Kazakhstan together with AFN (a financial regulator, recently replaced in its role by the National Bank) has introduced amendments to legislation designed to address issues which arose during the crisis and to enhance financial legislation and the financial market of Kazakhstan. Two main laws have been developed (one of which has already come into effect, while the other is yet to be passed).

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 Due Diligence in M&A Transactions

1. Introduction - The 'Due Diligence' in English means ensuring the due good faith. Due Diligence is a comprehensive study of the operating, financial and legal activities of a company and the totality of relations within the company and its interaction with the environment where it operates. Such study can form an objective view on the company.

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 Termination of Contract by a Subsoil User

Reasons for termination of a contract by a subsoil user. In practice, though rather seldom, there are such cases when due to certain reasons a contractor (subsoil user) decides to terminate the subsoil use contract. Such a situation may arise, for instance, in the following cases:

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 Kazakhstan has Adopted a New Law on Special Economic Zones

1. General Provisions - On 21 July 2011, the Law of the Republic of Kazakhstan on Special Economic Zones (hereinafter - the 'Law') has been enacted.

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 The Use of Renewable Energy Sources in Kazakhstan - Basic State Support Mechanisms

Energy sector of Kazakhstan is currently operating under difficult conditions when there is a gradual depletion of conventional energy sources (oil, gas, coal, production of which is an expensive business), on the one hand, and developing and growing of the world entered policy of the eco-friendly power production with the use of renewable energy sources, on the other hand.

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 Kazakhstani Content in Procurement of Subsoil Users

During the recent one and a half year we could view a sharp increase in the interest of subsoil users and their contractors to the issues of Kazakhstani content in the procurement of goods, works and services. In the first instance it is connected with changes of subsoil and subsoil use legislation, as well as with toughening of the policy held by the Kazakhstan Government with regard to development of Kazakhstani content.

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 A Good Governing Law Makes a Good Ending - Kazakhstan

A choice of the governing law of any agreement is the most important element. In Kazakhstan, sometimes the parties are not free to select any governing law.

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