Home / Author's articles Administrator (Страница 2)

Registration, re-registration of companies

The most common organizational and legal form for creating a commercial legal entity in the territory of Kazakhstan is a Limited Liability Partnership.

Article 2 of the Law of the Republic of Kazakhstan “On Limited Liability and Additional Liability Partnerships” establishes that a limited liability partnership is a partnership established by one or more persons, the authorized capital of which is divided into shares of sizes determined by the founding documents; participants in a limited liability partnership are not liable for its obligations and bear the risk of losses associated with the activities of the partnership, to the extent of the value of their contributions.

It follows from this that the founders of the partnership are liable only in proportion to their contributions, this fact saves the founders of the partnership from high risks, limiting them (risks).

The founder of an LLP can be both an individual and a legal entity, while they can also be non-residents of the Republic of Kazakhstan. With the development of foreign economic relations, the creation of an LLP with foreign participation is becoming an increasingly popular service.

Registration of an LLP in accordance with the Standard (State registration of legal entities, record registration of their branches and representative offices) is carried out in two ways: on purpose, through the PSC branches, or through the EGOV portal (if all founders have an EDS).

The creation and registration of an LLP consists of 3 steps:

Drafting constituent documents;
LLP registration;
Concluding a lease agreement, opening an account, insurance, VAT registration.

First step: When drafting constituent documents, it is determined:

LLP name (checked within a few minutes on the EGOV portal to exclude matches);
Address of location of the future LLP (own or rented property);
Type of economic activity (for the agency of statistics, also OKED determines whether a license is required for the further operation of the LLP);
The size of the authorized capital and the share of the founders are determined (there can be one or more founders);
The head of the LLP (Director, General Director, etc.) is selected; he can be either the founder or another selected individual.

The founding documents are:

Decision (with the Sole participant of the LLP) or Minutes of the general meeting of the participants of the LLP (from two founders and above);
Memorandum of Association;
The charter of the partnership (it can be standard or drawn up according to one’s own wishes, taking into account the form established by law);
Order on assuming the position of director of the LLP.

Second step: direct registration of the LLP:

By submitting constituent documents and the necessary information through the nearest PSC department (within one business day following the day the application was submitted);
Electronic registration of an LLP through the EGOV portal if all participants of the future legal entity have an EDS (within 15 minutes).

Third step

Here, the final steps are already being taken, the first of which is the conclusion of a lease agreement or obtaining a notarized consent of the owner (individual) to use the premises (buildings, houses, etc.).

After the conclusion of the lease agreement or obtaining consent, a bank account is opened, the LLP is registered for VAT and other actions are carried out in accordance with the wishes of the founder (lei).

With foreign participation, in the created LLP, a few more processes are added to the above processes:

Obtaining an IIN for a non-resident individual (a notarized translation of the passport into Kazakh is required);
Obtaining a BIN if the founder is a non-resident legal entity (a notarized translation into Kazakh and Russian of a legalized extract from the trade register is required.

When contacting the LAW COMPANY KORGAN, the process of registering an LLP is greatly simplified, we guarantee a quick and high-quality opening of an LLP without any problems, saving you time, money and nerves.

Registration of companies with foreign participation

Assistance in registering a non-resident individual with state revenue authorities;
Assistance in registering a non-resident legal entity with state revenue authorities;
Registering a legal entity with an authorized registrar;
Advice on apostille of constituent documents;
Translation and notarization of constituent documents;
Advice on taxation and choice of tax regime;
Preparation of documents for opening a bank account and assistance in choosing a bank.

Contract work. Preparation and approval of draft contracts

The conclusion of an agreement is the basis of strategic cooperation between the parties. A well-drafted contract allows you to avoid the negative consequences of its non-execution in the future.

Drawing up contracts

Lease agreement for office space, industrial warehouses and sites;
Purchase and sale agreements;
Construction contracts;
Service Agreement;
Pledge agreement;
Equipment leasing agreement;
Concession agreement;
Employment contract;
Other contracts.

Drafting local acts of the company

Draft orders (acts of the employer) on labor issues, safety, labor protection;
Draft orders on labor activity on the hiring of employees, vacations, termination of employment contracts, business trips, etc.;
Drafting labor and collective agreements;
Project development;
Working regulations;
Regulations on the wage system;
Regulations on travel of employees;
Instructions for ensuring fire safety;
Regulations on safety and labor protection;
Regulations on personnel policy;
Regulations on the department;
Regulations on the procedure, conditions and frequency of performance appraisal of employees;
The procedure for storing personal data of employees;
Regulations on trade secrets and proprietary information with a list of information, obligations of employees;
Rules for electronic document management (Instructions for working with e-mail in a company);
Company Internet Security Policy

Registration of licenses and permits

In Kazakhstan, it is allowed to engage in any type of entrepreneurial activity, except for the one for which a special permit is required – a license.

Licensing activities in the field of architecture, urban planning and construction;
Licensing activities in the field of production and circulation of ethyl alcohol and alcoholic products, production of tobacco products;
Licensing activities in the field of export and import of goods;
Licensing activities in the field of transport;
Licensing activities in the field of education;
Licensing activities in the field of mass media;
Licensing activities in the health sector;
Licensing activities in the field of servicing individuals and legal entities;
Licensing activities in the financial sector and activities related to the concentration of financial resources.

Licenses issued by the law firm KORGAN

2019

License for the storage and wholesale of alcoholic products, with the exception of the storage and wholesale of alcoholic products in the territory of its production for the Kazakh company Rudovine LLP with the participation of the founders of the company from the Russian Federation;
License for construction and installation works of category III for the Kazakhstani company Karenergomontazh LLP.

2020

License for construction and installation works of the III category for the Kazakh company LLP “Megalit”;
License for construction and installation works of category III for the Kazakhstani company LLP “Stigma Co”;
License for project activities of the III category for the Kazakhstani company LLP “KIP KZ”;
License for construction and installation works of the III category for the Kazakhstani company KIP KZ LLP.

Registration of trademarks. Copyright protection

The total cost of the product registration procedure is approximately 200,000 tenge

The cost of registering trademarks consists of:

The cost of our services is 150,000 tenge (up to 3 classes of the ICTU)

Two contributions to the authorized body

1st installment (up to 3 classes of the ICGS) mark examination services:

for legal entities 91,000 tenge (upon provision of a certificate of belonging to small and medium-sized businesses – 68,250 tenge);
for small and medium-sized businesses 68,250 tenge;
for individuals 63,700 tenge.

2nd installment after examination. 36,545 tenge – for issuing a security document.

Additionally for each class over 3 classes of the ICTU:

25,500 tenge – for legal entities;
19,125 tenge – for small and medium-sized businesses (including individual entrepreneurs);
17,850 tenge – for individuals.

The deadlines are set for everyone by the authorized body NIIS Kazpatent, and neither we nor any other company can speed them up.

Why do you need to register a trademark?

A trademark allows you to distinguish the goods or services of one manufacturer/service provider from the goods and services of another. If you have your own brand and want to protect it from the encroachments of competitors, you must register your trademark.

Why do you need to contact the KORGAN law firm?

With us, registering a trademark (brand) is much easier, cheaper and faster, since having extensive experience in the field of trademark registration, we know perfectly well what clients want and what is necessary for this.

We strive to minimize client participation in the process of registering a trademark, since we understand that our clients have very little time and do not want to be distracted by legal red tape. All applications, requests, and other documentation are prepared and sent to the relevant authorized bodies by our specialists.

All you need is a power of attorney to represent your interests in the authorized body, an image of the trademark and payment for the services of the authorized body.

If you need professional assistance in registering a trademark and at reasonable prices, the KORGAN law firm is ready to provide you with services for registering a trademark at a professional level.

Protection of interests at the stage of enforcement proceedings

Appeal against actions / inactions of a bailiff to higher authorities and in court in case of non-execution of a court decision;
Permanent monitoring of the course of enforcement proceedings from the moment the writ of execution is issued to its full execution;
Appeal against illegal actions of a bailiff in the sale of the arrested property of the debtor at public auction;
Interaction with private bailiffs to collect debts;
Settlement of a dispute with a recoverer – conclusion of a settlement agreement at the stage of enforcement proceedings;
Preparing a petition to the court to obtain a deferment, installment plan for the execution of a court decision.

Maintenance of construction activities

Having extensive experience in cooperation with construction companies, we offer cooperation with our partners:

In the field of design work, cooperation with an organization that has a license of the first category for design and survey work;
In the field of construction and installation works with organizations holding licenses of the first, second and third categories for various types of work activities.

The law firm “KORGAN” cooperates with educational organizations that provide training for employees in the following areas:

Training courses for responsible employees for the implementation of design and construction and installation work in earthquake-prone areas;
Industrial safety at hazardous production facilities;
Transportation of dangerous goods;
Occupational health and safety courses

Legal support of business

As part of the monthly legal service of the organization, we provide the following types of services:

composing letters, complaints to government agencies, organizations of various forms of ownership;
drawing up claims, responses to claims;
representation in civil courts, as well as drafting statements of claim, responses to statements of claim, petitions;
drafting contracts, negotiating contracts;
advising on business activities of the enterprise;
consulting on labor law issues;
legal audit of documents at the enterprise;
preparation of constituent documents for re-registration of a legal entity.

Price list for legal services for business support

Type of service	Package 1	Package 2	Package 3	Package “At minimum”	In case of exceeding the established volume per month, the following rates apply:
Type of service	100,000 tenge/month	250,000 tenge/month	350,000 tenge/month	85,000 tenge/month
Contractual work (drafting projects, legal examination of contracts) * if the contract is in English, then each contract is paid an additional 25,000 tenge	No more than 2 (two) contracts per month	No more than 5 (five) contracts per month	No more than 10 (ten) contracts per month	No more than 3 (three) contracts per month	30,000 tenge for 1 contract
Oral consultations on labor issues	No more than 3 (three) per month	No more than 5 (five) per month	No more than 5 (five) per month	not limited	5,000 tenge for 1 consultation
Drafting letters, complaints to government bodies, in organizations of various forms of ownership	No more than 2 (two) per month	No more than 5 (five) per month	No more than 5 (five) per month		30,000 tenge for 1 document
Study of the Customer’s counterparties: solvency good faith registration data compliance	No more than 3 (three) per month	No more than 10 (ten) per month	No more than 10 (ten) per month		5,000 tenge for each verified counterparty
Drafting Claims and responses to Claims	No more than 1 (one) per month	No more than 4 (four) per month	No more than 4 (four) per month		30,000 tenge for 1 document
Representation of interests in court	from 200,000 tenge for each presentation (case) in court

Please note that you are not hiring one lawyer, but a qualified Law Firm with extensive experience and legal practice of all company employees.

Our company will carry out the work professionally and in the shortest possible time, which will allow you to save time and in the future your business will operate safely.

Liquidation and bankruptcy

Preparation of documents for the voluntary liquidation of the entity;
Legal support of the client’s interests in the insolvency resolution procedure;
Legal support of the client’s interests in the accelerated rehabilitation procedure;
Legal support of the client’s interests in the rehabilitation procedure;
Legal support of the client’s interests in bankruptcy proceedings.

Real estate registration

Registration of the sale and purchase of residential and non-residential real estate;
Registering ownership of an unfinished construction site;
Registration of ownership of residential and non-residential premises;
Registration of land, registration of a land plot;
Registration of ownership (lease) of a land plot;
Designing the division and consolidation of land plots;
Support of transactions related to land plots;
Translation of land categories;
Obtaining a state act for a land plot;
Land acquisition and support of this process;
Preparation of all necessary documents necessary for the conclusion of the transaction.

Business registration in Kazakhstan

Preparation of constituent documents: memorandum of association, articles of association, order, decision of the founder;
Registration with the justice authorities, state revenue authorities, statistics authorities, in agreement with the client, support for the initial submission of the necessary reports;
Making a seal after agreeing the design with the client, preparing the necessary documents for opening an account with the Bank;
Re-registration of a legal entity in the event of: changing the name, increasing or decreasing the authorized capital, changing the founders, as well as making other changes that do not require state re-registration: changes in the charter, increasing the size of the authorized capital, changing the address of the location, changing the type of activity and change of director;
Registration of a non-resident legal entity with the tax authorities, obtaining a BIN (business identification number) with the tax authorities.

Registration of foreign companies in the territory of Kazakhstan was carried out:

RUDO VINE LLP is a company that imports alcoholic products to the territory of Kazakhstan (Russian Federation);
ETS-Astana LLP is a company engaged in activities in the field of renewable energy sources.

Business visa

Legal support for obtaining and extending a visa:

investor – “С1” and “С2”;
business – “D1”, “D2”, “D3”, “D4”, “D5”, “D6”, “D7” and “D8”.

Work Permit:

Obtaining a work permit;
Extension of work permit.

Other activities:

Apostille of documents;
Consular legalization;
Legalization in the embassies of other countries in the Republic of Kazakhstan;
IIN registration;
Assistance with registration and de-registration of foreign citizens at the place of residence.

Accounting service. Tax advice

Accounting outsourcing – comprehensive monthly accounting support for the company’s activities

LLP without VAT, simplified declaration;
IP without VAT, simplified declaration;
LLP without VAT, general regime;
IP without VAT, general mode;
LLP with VAT, simplified declaration;
IP with VAT, simplified declaration;
LLP with VAT, general regime;
IP with VAT, general mode.

An additional service to accounting outsourcing: HR administration.

Compilation and submission of electronic forms of tax reporting

Drawing up a tax return and sending it electronically with a printout of a notification without maintaining accounting and tax records;
Preparation and submission of tax reporting on imports from the countries of the Customs Union;
Annual reports.

Development of company guidelines

Development of tax accounting policy;
Development of an enterprise accounting policy.

Restoring documentation

Restoration of accounting;
Restoration of tax accounting, preparation and submission of tax returns.

Human Resource Management

Development of local acts of the company;
Development of company orders;
Planning staffing;
Drafting employment contracts;
Analysis of employment contracts;
Drafting job descriptions;
Contracts on liability;
Drawing non-compete regulations and agreements.

How to use part of your pension savings and for what?

President Kassym-Jomart Tokayev signed a bill in January 2021 allowing Kazakhstanis to spend part of their pension funds.

What does this mean?

That now residents of the Republic of Kazakhstan with an amount exceeding the “sufficiency threshold” can use part of the lump-sum pension payments to improve their living conditions and (or) pay for treatment.

The procedure for using lump-sum pension payments to improve housing conditions is prescribed in the “Rules for the use of lump-sum pension payments to improve housing conditions in accordance with the legislation of the Republic of Kazakhstan” dated January 21, 2021 and in the “Rules for the use of lump-sum pension payments for treatment” dated February 15, 2021

If you want to withdraw part of your savings, which banks should you apply to?

Halyk Bank, Otbasy Bank, Altyn Bank, Bank CenterCredit are Kazakh banks that participate in a program that allows citizens to withdraw their pension savings ahead of schedule.

Through the site enpf.kz, you need to register, or enter your personal account and independently check the information on the available amount of the lump-sum pension payment.

To withdraw pension funds, an electronic digital signature (EDS) and an extract from an individual pension account are required.

What do I need to do to open a special account?

To open a special account, you must contact one of your operators (bank).

For example, to work with Otbasy Bank, you need to go to the enpf-otbasy.kz website or download the ZhSSB24 mobile application. There you can create your account to which your pension savings will be transferred.

You will need to log in with your username and password. Further, your personal account can be used to apply for opening a special account. You must click on the button “Open an account for the EPO”, after signing and verifying, within some time your account will be ready for use.

In applications for receiving payments, the number of the special account to which the pension money will be transferred is indicated. You must also state why you are withdrawing your pension funds and how much money you have on hand. It also includes personal income tax (PIT) withholding methods.

Within 2 working days, the authorized operator will send an electronic notification to the UAPF containing information on the accepted application for payment, including data on the purpose of the withdrawal, full name, DR, IIN, the amount of the lump-sum pension payment in the amount determined by the contributor (recipient), methods of withholding the IIT, EDS.

After receiving an electronic notification from the UAPF, within 5 business days, sends the amount of the contributor’s (beneficiary’s) lump-sum pension payment to an authorized operator, which then credits it to your special account.

Before exercising your right to use part of your pension savings, you must first check and make sure that the amount allowed for withdrawal is available in the individual pension account with the UAPF.

It is important to note that from April 1, 2022, the minimum sufficiency thresholds for withdrawing pension savings will be increased.

In the table, we present the indicators of “sufficiency thresholds” calculated by the UAPF, the validity of which begins in April 2022.

Age, years	Thresholds for minimum sufficiency of pension savings, tenge	Age, years	Thresholds for minimum sufficiency of pension savings, tenge
20	3 140 000	40	5 790 000
21	3,250,000	41	5 950 000
22	3 370 000	42	6 100 000
23	3 490 000	43	6 260 000
24	3 610 000	44	6 420 000
25	3 730 000	45	6 580 000
26	3 860 000	46	6 750 000
27	3,980,000	47	6 920 000
28	4 110 000	48	7 090 000
29	4,240,000	49	7 260 000
30	4 370 000	50	7 430 000
31	4,510,000	51	7 610 000
32	4,640,000	52	7 790 000
33	4,780,000	53	7 970 000
34	4,920,000	54	8 150 000
35	5,060,000	55	8 340 000
36	5 200 000	56	8 530 000
37	5 350 000	57	8 720 000
38	5 490 000	58	8 920 000
39	5 640 000	59-62	9 120 000

* If you need legal advice on the use of pension savings, then you can contact the law firm KORGAN at any time in person or by phone: +7 701 705 82 48.

There is a specific list where the use of lump-sum pension payments is allowed. Does it include?

full settlement under contracts for the sale, privatization, installment plan, exchange (exchange) of a dwelling, under contracts for equity participation in housing construction with a guarantee in accordance with the legislation on equity participation;
construction of an individual residential building, including the acquisition of land;
making a down payment for a mortgage loan;
receipt, partial or full repayment of debt, refinancing of a housing mortgage loan;
purchasing a home financed by an Islamic bank;
partial or full repayment of debt under long-term housing lease agreements with the right to purchase.

List of medical services for which you can use your pension savings:

treatment of orphan (rare) diseases, including their drug supply, as well as diagnostic studies to determine treatment tactics;
dental services provided in medical organizations in Kazakhstan;
reconstructive and restorative operations (plastic) for the purpose of correcting postoperative scars and congenital defects, of a cosmetic nature on the soft tissues of the body;
diseases requiring radionuclide and radioiodine therapy, radiosurgical treatment (gamma knife, cyberknife) and proton therapy;
medical rehabilitation in domestic medical organizations, including in sanatorium and resort conditions located on the territory of Kazakhstan;
ophthalmic services (laser vision correction, cataract treatment with multifocal lenses, intravitreal injections of angiogenesis inhibitors).

About the Court of the Astana International Financial Center (AIFC)

The Court of the Astana International Financial Center (AIFC), founded on January 1, 2018 at the initiative of the First President of the Republic of Kazakhstan Nursultan Nazarbayev, is an independent judicial system based on the norms and principles of the law of England and Wales. It operates in accordance with the best international standards for resolving civil and commercial disputes. The AIFC Court is independent in its activities and is not part of the judicial system of the Republic of Kazakhstan.

The AIFC Court has exclusive jurisdiction to hear cases and render judgments on:

any disputes arising between AIFC participants, AIFC bodies and/or their foreign employees;
any disputes relating to any transactions carried out in the AIFC and subject to the law of the AIFC;
any dispute referred to the AIFC Court by agreement of the parties.

In order to represent the interests of clients in resolving civil and commercial disputes in the AIFC Court, it is necessary to register with the AIFC Court and obtain the right to speak in this Court.

All lawyers with a professional qualification as a lawyer or advocate and a valid license or certificate of the right to practice law, from anywhere in the world, have the right to register with the office of the AIFC Court to represent the interests of the parties in court cases after submitting to the office of the AIFC Court documents confirming the existence of a professional qualifications of a lawyer or advocate, a valid license or certificate of the right to practice law and a letter of confirmation of proper status from the relevant body regulating the activities of lawyers.

Lawyers who do not have the professional qualifications of an advocate or a lawyer or a license to practice law, and whose legal practice is not regulated by the Bar Association, have the right to register with the AIFC Court Office to represent the interests of the parties to disputes before the AIFC Court, after submitting a bachelor’s degree to the AIFC Court Office law and two judgments or rulings in which the applicant is named as a representative of the party. A letter or recommendation from a judge or client confirming the parties’ previous representation in courts may be submitted as an alternative to judgments or orders.

If you are a lawyer or lawyer and want to represent your client in the AIFC Court, you can become eligible to appear in this court by registering on the eJustice official website at ejustice.aifc.kz or by sending an email with scanned signed copies of the above documents to: info@aifc-court.kz .

As for the law firm KORGAN, it is worth noting that in 2021 our Lawyers Alibaev Marat, Matsura Dmitry and Shirinov Emin successfully registered with the AIFC Court and received the right to act in the AIFC Court in order to represent the interests of clients in resolving civil and commercial disputes.

Archive of MCI data, minimum wage, living wage from 1995-2014

Information on the minimum wage, MCI and subsistence minimum (for 1995 – 2014)

Monthly calculation index (MCI)	Minimum Wage	Living wage	Base
2014
from January 1, 2014 – 1 852 tenge	from January 1, 2014 – 19 966tenge	from January 1, 2014 – 19 966tenge	Established by the Law of the Republic of Kazakhstan "On the republican budget for 2014-2016" dated 03.12.13 No. 148-V
2013
from January 1, 2013 – 1 731 tenge	from January 1, 2013 – 18 660tenge	from January 1, 2013 – 18 660tenge	Established by Law of the Republic of Kazakhstan dated November 23, 2012 No. 54-V “On the republican budget for 2013-2015”
2012
from January 1, 2012 – 1 618 tenge	from January 1, 2012 – 17 439tenge	from January 1, 2012 – 17 439tenge	Established by Law of the Republic of Kazakhstan dated November 24, 2011 No. 496-IV “On the republican budget for 2012-2014”
2011
from January 1, 2011 – 1 512 tenge	from January 1, 2011 – 15 999 tenge	from January 1, 2012 – 15 999 tenge	Established by Law of the Republic of Kazakhstan dated November 29, 2010 No. 357-IV “On the republican budget for 2011-2013”
2010
from January 1, 2010 – 1 413 tenge	from January 1, 2010 – 14 952 tenge	from January 1, 2010 – 14 952 tenge	Established by Law of the Republic of Kazakhstan dated December 7, 2009 No. 96-IV “On the republican budget for 2010-2012”

2009

Article 34-1 of the Law of the Republic of Kazakhstan dated December 10, 2008 No. 100-IV on the entry into force of the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget” establishes,
that for the period from January 1, 2009 to January 1, 2010 in order to apply the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget” (Tax Code)
and this Law, the monthly calculation index and the minimum wage are determined based on the amounts established by the law on the republican budget
and valid at the beginning of 2009

See Answer of the Chairman of the TC MF RK dated March 10, 2010 to the question dated February 17, 2010 No. 32226 (e.gov.kz)

from July 1, 2009 – 1 296 tenge	from July 1, 2009 – 13 717 tenge	Established by Law of the Republic of Kazakhstan dated December 4, 2008 No. 96-IV “On the republican budget for 2009-2011”
from January 1, 2009 – 1 273 tenge	from January 1, 2009 – 13 470 tenge
2008
from January 1, 2008 – 1 168 tenge	from January 1, 2008 – 10,515 tenge; from July 1, 2008 – 12,025 tenge	Established by Law of the Republic of Kazakhstan dated December 6, 2007 No. 8-IV “On the republican budget for 2008”
2007
from January 1, 2007 – 1 092 tenge	since January 1, 2007 – 9 752 tenge	Established from January 1, 2007 by the Law of the Republic of Kazakhstan dated December 8, 2006 No. 194-III “On the republican budget for 2007”
2006
from January 1, 2006 – 1,030 tenge	from January 1, 2006 – 9 200 tenge	Established on January 1, 2006 by Law of the Republic of Kazakhstan dated 11.22.05 No. 88-III “On the republican budget for 2006”
2005
since January 1, 2005 – 971 tenge	from January 1, 2005 – 7,000 tenge from July 1, 2005 – 9,200 tenge	Established by the Law of the Republic of Kazakhstan dated 02.12.04 No. 3-III “On the republican budget for 2005”
2004
from January 1, 2004 – 919 tenge	from January 1, 2004 – 6 600 tenge	Established on January 1, 2004 by Law of the Republic of Kazakhstan dated 05.12.03 No. 505-II “On the republican budget for 2004”
2003
from January 1, 2003 – 872 tenge	from January 1, 2003 – 5,000 tenge	Established from January 1, 2003 by Law of the Republic of Kazakhstan dated 12.12.01 No. 362-II “On the republican budget for 2003”
2002
since January 1, 2002 – 823 tenge	from January 1, 2002 – 4,181 tenge	Established from January 1, 2002 by the Law of the Republic of Kazakhstan dated December 15, 2001 No. 273-II “On the Republican Budget for 2002”
2001
from January 1, 2001 – 775 tenge	from January 1, 2001 – 3 484 tenge	Established on January 1, 2001 by Law of the Republic of Kazakhstan No. 131-II of December 22, 2000 “On the republican budget for 2001”
2000
since January 1, 2000 – 725 tenge	from January 1, 2000 – 2 680 tenge	Established on January 1, 2000 by Law of the Republic of Kazakhstan dated 11.11.99 No. 473-I “On the republican budget for 2000”
1999
from January 1, 1999 – 660 tenge from April 1, 1999 – 715 tenge from October 1, 1999 – 725 tenge	since January 1, 1999 – 2,440 tenge from April 1, 1999 – 2,650 tenge from October 1, 1999 – 2,680 tenge	Established by Law of the Republic of Kazakhstan dated December 16, 1998 No. 318 “On the republican budget for 1999”
1998
from January 1, 1998 – 630 tenge from April 1, 1998 – 640 tenge from July 1, 1998 – 650 tenge from October 1, 1998 – 660 tenge	from January 1, 1998 – 2,360 tenge from April 1, 1998 – 2 380 tenge from July 1, 1998 – 2,400 tenge from October 1, 1998 – 2,440 tenge	Established by Law of the Republic of Kazakhstan dated 09.12.97, No. 201-I “On the republican budget for 1998”
1997
from January 1, 1997 – 550 tenge from April 1, 1997 – 565 tenge from July 1, 1997 – 585 tenge from October 1, 1997 – 620 tenge	since January 1, 1997 – 2,030 tenge from April 1, 1997 – 2,060 tenge from July 1, 1997 – 2,085 tenge from October 1, 1997 – 2,340 tenge	Established by Law of the Republic of Kazakhstan dated December 31, 1996 No. 59-I “On the republican budget for 1997”
1996
I quarter – 320 tenge II quarter – 380 tenge III quarter – 460 tenge IV quarter – 530 tenge	______	Established by Decree of the President of the Republic of Kazakhstan, having the force of law, dated December 21, 1995, No. 2700 “On the republican budget for 1996” for the calculation of pensions, benefits and other social payments, as well as for the application of penalties, tax and other payments on a monthly basis
1995
___________	from January 1, 1995 – 200 tenge from March 1, 1995 – 250 tenge from July 1, 1995 – 280 tenge from October 1, 1995 – 300 tenge	Established by Decree of the President of the Republic of Kazakhstan, having the force of law, dated March 15, 1995, No. 2120 “On the republican budget for 1995”

Unlawful order canceled in court

At the end of 2021, the lawyer of the KORGAN law firm, Matsura D., won another case, canceling the order to eliminate violations of the legislation of the Republic of Kazakhstan on natural monopolies, which was illegally issued to our client. Apart from the fact that the order was issued without justification, it was also issued in violation of the principles of administrative procedures.

By virtue of the requirements of paragraph.1 Article. 152 – 1 of the PC, an order to eliminate the identified violations is drawn up only based on the results of preventive control and supervision with a visit to the subject (object) of control and supervision. However, the department, contrary to the imperative requirements of business legislation regulating the procedure for exercising state control and supervision, based on the results of preventive control and supervision without visiting the subject of natural monopolies, did not legitimately issue an order. Accordingly, the plaintiff, without conducting an audit, limited himself to the results of consideration of the appeal, illegally drew up an order, which is an absolute violation procedures for the adoption of an administrative act.

Dmitry Matsura, Senior Associate at KORGAN Law Firm, clearly and professionally defended the interests of our client in court and, as a result, the court canceled the illegal order. Our company always defends the legitimate interests of its clients, competently and clearly proving and pointing out violations of laws.

Documents required for vehicle registration and fee rates

The list of documents required for registration of a vehicle when applying to the REP:

1) a completed vehicle registration certificate in accordance with the established form;

2) an identity document (an identity card of a citizen of the Republic of Kazakhstan, a passport of a citizen of the Republic of Kazakhstan, a birth certificate for minors) and a notarized power of attorney from an individual, when transferring powers to an attorney to another person;

3) address certificate;

4) the relevant document on payment of duties and fees specified in paragraph 7 of this standard (in the absence of information in state information systems);

5) copies of documents confirming:
– payment of tax on a vehicle in the manner prescribed by the Tax Code – for tax payers;
– the right to tax exemption – for persons who are not tax payers, in accordance with the Tax Code;

6) a certificate confirming the state registration (re-registration) of a legal entity, branch, (representative office) of a legal entity, issued by the registering authority, the charter (for verification) and copies thereof;

7) technical document – a document containing information that allows you to establish the compliance of the vehicle with its technical parameters (SRTS, SRTS issued in another state, vehicle passport, acceptance certificate of the manufacturer) (hereinafter referred to as the technical document);

8) certificate of the manufacturer or enterprise that installed special (or specialized) equipment on a vehicle within the Republic of Kazakhstan or relevant customs documents for imported equipment, a certificate of conformity;

9) SRNZ, SRTS and/or vehicle registration documents imported into the Republic of Kazakhstan under the obligation to re-export;

10) sending an organization to work with the diplomatic corps of the Ministry of Foreign Affairs (for foreign road users);

11) an order (instruction) of a legal entity on the allocation and transfer of a vehicle to its structural unit or to another legal entity or individual, certified by a seal;

12) documents confirming the ownership of the vehicle, numbered unit, which include:
– documents confirming the passage of customs clearance (customs declaration, customs receipt order, obligation to re-export in cases of temporary import) for vehicles imported from countries outside the Customs Union;
– a writ of execution with a court-certified copy of the court decision, resolution, notification of the bailiff on the actions of the state body subject to execution;
– contracts, transactions, certificates, documents on the right to inherit property, drawn up in accordance with the requirements of civil law.

For the provision of public services, a state fee is charged, which, in accordance with Article 540 of the Code of the Republic of Kazakhstan dated December 10, 2008 “On taxes and other obligatory payments to the budget (Tax Code)” (hereinafter referred to as the Tax Code), is for the issuance of:

1) vehicle registration certificate (hereinafter – SRTS) – 125 percent of the minimum monthly calculation index (hereinafter – MCI) established on the day of payment of the state fee;

2) state registration number plate (hereinafter – GRNZ) for a car – 280 percent of the MCI;

3) SRNZ for motor vehicles, a trailer for a car – 140 percent of the MCI;

4) GRNZ “Transit” – 35 percent of the MCI.

In addition, Article 456 of the Tax Code provides for a state fee for registration of vehicles, which is one fourth of the MCI for each registered (re-registered) vehicle, as well as upon receipt of a duplicate SRTS.

Rules and grounds for the stay of foreigners in the Republic of Kazakhstan

According to paragraph 9 of the Rules for the entry and stay of immigrants in the Republic of Kazakhstan, as well as their departure from the Republic of Kazakhstan, the registration of immigrants is carried out by the internal affairs bodies on the basis of information from the receiving persons, as well as the National Security Committee of the Republic of Kazakhstan, coming from checkpoints across the State Border Republic of Kazakhstan.

Hosts inform the internal affairs authorities about immigrants staying with them within 3 working days from the date of their arrival.

So, according to the changes made to the above Rules, if you enter the territory of Kazakhstan as an immigrant, then you no longer have the obligation to personally notify the internal affairs authorities.

This obligation today lies with the host party, to whom the legislation refers to citizens of the Republic of Kazakhstan, foreigners and stateless persons permanently residing in the Republic of Kazakhstan, or legal entities registered in the Republic of Kazakhstan, applying for an invitation to immigrants to the Republic of Kazakhstan for temporary residence and (or ) providing a place for them to live.

The host country can also submit a notification of incoming immigrants to the territorial police departments also through the visa and migration portal.

If the receiving party did not notify the internal affairs bodies about the incoming immigrants, then it is liable in accordance with Article 518 of the Code of Administrative Offenses of the Republic of Kazakhstan. The amount of the fine varies from 10 to 20 MCI (1 MCI = 2,917 tenge at the time of publication of the article), if the violation is repeated during the year, the amount of the fine is much larger and will vary from 30 to 100 MCI.

As for the duration of stay, foreigners who arrived in Kazakhstan have the right to stay on the territory of the state for up to 30 days without obtaining a temporary residence permit (TRP), except when foreigners arrive:

on the basis of a visa (the right to stay during the validity of the visa);
on the basis of a permit to engage foreign labor (for the duration of the permit);
from the EAEU countries (right to stay up to 90 days);
from countries in relation to which a visa-free regime is applied and which, at the same time, can stay on the territory of Kazakhstan for more than 30 days.

As for the citizens of the EAEU (Russia, Kyrgyzstan, Belarus, Armenia), foreigners from these countries carry out labor activities on the territory of the Republic of Kazakhstan without obtaining a permit on the basis of an employment contract.

For foreigners staying for a period of more than 30 days (for work, study, treatment, business immigrants, as well as for the purpose of family reunification and missionary work), a temporary residence permit is required.

To obtain a TRP, the host person applying for the invitation of immigrants to the Republic of Kazakhstan for temporary residence and (or) providing a place for their residence, applies to the territorial police departments.

A temporary residence permit is issued on the basis of applications:

1) individuals to whom immigrants arrived for the purpose of family reunification;

2) individuals and legal entities that have concluded an employment contract with an immigrant in accordance with the procedure established by law;

3) educational organizations that implement educational programs of general secondary, technical and vocational, post-secondary, higher and postgraduate education, including organized exchange programs for students and passage of preparatory courses that enrolled immigrants for full-time education;

4) healthcare organizations in which immigrants are hospitalized;

5) religious organizations in which immigrants carry out missionary activities in accordance with the procedure established by law;

6) local executive bodies – immigrants who arrived for the purpose of carrying out entrepreneurial activities in accordance with the legislation of the Republic of Kazakhstan (business immigrants).

A temporary residence permit is issued for a period not exceeding the validity period of the immigrant’s national passport.

The following immigrants are exempted from obtaining a temporary residence permit:

Arrived in the Republic of Kazakhstan with a visa of the Republic of Kazakhstan;
holding a diplomatic or service passport;
under 16 years of age.

Immigrants arriving for the purpose of employment are divided into the following categories:

1) foreign workers – immigrants:

Arrived for self-employment in professions in demand in priority sectors of the economy (types of economic activity);
attracted by employers to carry out labor activities on the territory of the Republic of Kazakhstan, including those who arrived as part of an internal corporate transfer;

2) business immigrants – immigrants who arrived for the purpose of carrying out entrepreneurial activities in accordance with the legislation of the Republic of Kazakhstan;

3) seasonal foreign workers – immigrants, recruited by employers for a period of not more than one year to perform seasonal work, which, due to climatic or other natural conditions, are performed during a certain period (season), according to the list of professions approved by the authorized body on migration issues the population in agreement with the authorized state bodies that manage the relevant area of public administration;

4) labor immigrants – immigrants who arrived in the Republic of Kazakhstan as domestic workers in order to perform work (render services) for employers – individuals in the household on the basis of a permit for a labor immigrant.

The attraction of foreign labor, as well as the implementation of labor activities by immigrants temporarily residing in the Republic of Kazakhstan, are carried out on the basis of the permission of the local executive body or internal affairs bodies within the quota established by the authorized body for population migration, unless otherwise provided by the legislation of the Republic of Kazakhstan in the field of population migration and/or international treaties of the Republic of Kazakhstan, ratified by the Republic of Kazakhstan.

The permitted period of stay of immigrants in the Republic of Kazakhstan ends:

for immigrants who arrived in the Republic of Kazakhstan in a manner that does not require a visa – after thirty calendar days from the date of crossing the State Border of the Republic of Kazakhstan;
for citizens of the member states of the Eurasian Economic Union – after ninety calendar days from the date of crossing the State Border of the Republic of Kazakhstan;
for immigrants who arrived on the basis of a visa to enter the Republic of Kazakhstan – after the expiration of the visa;
for citizens of states with which the Republic of Kazakhstan has ratified international treaties that define other periods of stay – after the expiration of the periods specified in these treaties;
for immigrants who have issued a temporary residence permit – after the expiration of this permit;
for immigrants brought to administrative responsibility for previously committed violations of the period of stay in the Republic of Kazakhstan – after fifteen days after the decision to bring to administrative responsibility was made;
for immigrants convicted of a criminal offense – after ten calendar days after serving their sentence or release from sentence, except in cases of their expulsion based on a court decision;
for immigrants who permanently resided in the Republic of Kazakhstan and have issued documents for leaving the Republic of Kazakhstan abroad for permanent residence – within thirty calendar days after the documents were issued;
for immigrants who, in accordance with the procedure established by the criminal procedural legislation, have reported the commission of acts against them, recognized in accordance with the Criminal Code of the Republic of Kazakhstan as a grave or especially grave crime, – within thirty calendar days after consideration of the application in accordance with the criminal procedural legislation of the Republic of Kazakhstan;
for immigrants sentenced by the courts of the Republic of Kazakhstan conditionally to punishments not related to isolation from society, as well as those released on parole – after fifteen calendar days after the expiration of the term of the imposed punishment or the unserved part of the punishment;
for immigrants who, in accordance with the procedure established by the criminal procedure legislation, are recognized as victims or witnesses in criminal cases of such crimes, the period of stay is extended for the period necessary for the investigation of the criminal case, but not more than ninety calendar days;
in exceptional cases (in case of emergency situations of a social, natural, man-made nature and the introduction of a state of emergency due to a real threat of a natural disaster or a large-scale accident (catastrophe), as well as violations of the transport schedule) – the period of stay is extended for the period necessary for organization of departure, but not more than thirty calendar days.

We also remind you that at the moment the crossing of the state border of the Republic of Kazakhstan by foreigners and stateless persons is limited, entry is carried out in accordance with the “Procedure for crossing the State border of the Republic of Kazakhstan from May 11, 2020 for the period of quarantine restrictions”.

* If you need legal advice on migration issues, issues of entry into and exit from the territory of the Republic of Kazakhstan, then you can contact the KORGAN Law Company at any time directly or by phone: +7 701 705 82 48.

Sample contracts

Residential Transfer Act

Act of acceptance and transfer of production premises

Building (structure) lease agreement

Lease agreement for non-residential premises

Vehicle lease agreement without management services

Design and survey agreement

Residential Rental Agreement

Contract for the carriage of goods

Contract Agreement (General Form)

Contract agreement (repair and construction work)

Sublease Agreement

Residential Passport