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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

Claim Forms

Declaration of Familiarity

Accounting child support

Collecting the amount under the loan agreement

Indemnification

Restore to work

Salary Complaint

Pecuniary Damage Claim

Pecuniary damage claim

Application for Divorce

Divorce and division of property

Establishing paternity and collecting child support

Special tax regime based on a simplified declaration

Background information on the calculated indicators for 2018:

Monthly calculation index (MCI) – 2,405 tenge
Minimum wage (MZRP) – 28,284 tenge

Carrying out business activities on the basis of a simplified declaration must meet the following criteria:

The average number of employees should not exceed 30 people;
Income for the tax period should not exceed 2,044 times the minimum wage, respectively, 57,812,496 tenge (as of 2018).

At the same time, there are restrictions on the implementation of certain types of activities:

production of excisable goods;
storage and wholesale of excisable goods;
sale of certain types of petroleum products – gasoline, diesel fuel and fuel oil;
running lotteries;
subsoil use;
collection and acceptance of glassware;
collection (harvesting), storage, processing and sale of scrap and waste of non-ferrous and ferrous metals;
consulting services;
accounting or auditing activities;
financial, insurance and intermediary activities of an insurance broker and insurance agent;
activities in the field of law, justice and justice;
financial leasing activities.

The following subjects are not entitled to apply the special tax regime:

1) legal entities with structural subdivisions;

2) structural subdivisions of legal entities;

3) taxpayers with other separate structural subdivisions and (or) objects of taxation in different settlements.

For the purpose of taxation of persons applying special tax regimes, another separate structural subdivision of the taxpayer is recognized as a territorially separate subdivision, at the location of which stationary workplaces are equipped that perform part of its functions. The workplace is considered stationary if it is created for a period of more than one month.

The provision of this subparagraph does not apply to taxpayers engaged exclusively in the activity of leasing (renting) property;

4) legal entities in which the share of participation of other legal entities is more than 25 percent;

5) legal entities in which the founder or participant is at the same time the founder or participant of another legal entity that applies a special tax regime or features of taxation;

6) non-profit organizations;

7) payers of tax on gambling business.

Separately, the legislator singled out services that individual entrepreneurs and legal entities operating on the basis of a special tax regime on the basis of a simplified declaration, providing services on the basis of agency contracts (agreements) are not entitled to engage in. Agency contracts (agreements) are civil law contracts (agreements) concluded in accordance with the legislation of the Republic of Kazakhstan, according to which one party (agent) undertakes, for a fee, to perform certain actions on behalf of the other party on its own behalf, but at the expense of the other party or on behalf of and at the expense of the other party.

The tax period for applying the special tax regime based on the simplified declaration is half a year. A simplified declaration is submitted to the tax authority at the location of the taxpayer no later than the 15th day of the second month following the reporting tax period.

TERMS for applying for a special tax regime

Newly formed legal entities send a notification to the state revenue authorities no later than five working days after the state registration of the legal entity in the justice authorities. Late filing of a notice does not deprive a legal entity of the right to file a notice of transition to a special tax regime on the basis of a simplified declaration, but this exception applies only to newly formed small businesses.

Date when the tax regime began to apply:

For newly formed individual entrepreneurs, the date of registration as an individual entrepreneur in the state revenue authorities is the date.
For newly formed legal entities that submitted a notification of the applicable taxation regime within the prescribed period, the date of state registration with the justice authorities.

The amount of tax is 3%. The tax is calculated according to the simplified declaration by the entrepreneur independently by applying the established rate to the taxable object. The amount of taxes is subject to downward adjustment by an amount of 1.5 percent of the tax amount for each employee based on the average number of employees, if the wages of employees at the end of the reporting period amounted to individual entrepreneurs at least 2 times, legal entities – at least 2.5 times the minimum wage established by the law on the republican budget and effective on the first day of the tax period.

Deadlines for submitting a simplified declaration

A simplified declaration (form 910) is submitted to the tax authority at the location of the taxpayer no later than the 15th day of the second month following the reporting tax period, that is, before August 15th.

Terms for paying taxes on a simplified declaration

Payment to the budget of taxes specified in the simplified declaration is made no later than the 25th day of the second month following the reporting tax period in the form of individual (corporate) income tax and social tax, thus payment is made before August 25.

Individual (corporate) income tax is payable in the amount of 1/2 of the calculated amount of taxes on the simplified declaration, social tax – in the amount of 1/2 of the calculated amount of taxes on the simplified declaration minus the amount of social contributions to the State Social Insurance Fund calculated in accordance with with the Law of the Republic of Kazakhstan “On Compulsory Social Insurance”.

In one article it is impossible to reflect all the issues that arise when doing business on the basis of a simplified declaration, the staff of the law firm “KORGAN” has qualified specialists who will provide competent advice on taxation and tax and financial reporting.

High-quality legal and accounting services from the law firm KORGAN is another right step towards the growth and stability of your business!

Implementation of local acts and personnel documentation

Many companies neglect to maintain the necessary personnel documentation at the enterprise. However, the order in local and personnel documents is the key to the successful functioning of the enterprise. In order to avoid negative consequences, one should not neglect the correct maintenance of personnel records.

Law firm KORGAN provides legal assistance in the development, maintenance, execution, systematization of local acts and personnel documents. In this article, we would like to acquaint the business community with the responsibility for the absence of mandatory documents and what negative consequences the absence of certain personnel documents may incur.

Mandatory documents for the absence of which administrative responsibility is provided are:

Employment contract (Fine in the amount of 30 to 300 MCI Art. 86 of the Code of Administrative Offenses);
Consent to the collection and processing of personal data (Fine in the amount of 10 to 1000 MCI, Article 79 of the Code of Administrative Offenses);
Instruction (program) on the procedure for conducting an introductory safety briefing (Fine in the amount of 30 to 70 MCI, Article 93 of the Code of Administrative Offenses);
Safety magazines (Fine in the amount of 30 to 70 MCI Art. 93 of the Code of Administrative Offenses);
Contract of compulsory insurance of employees against accidents (Fine in the amount of 10 to 1000 MCI Art. 230 of the Code of Administrative Offenses);
Personal card T-2 (For persons liable for military service and conscripts) (Fine in the amount of 10 to 40 MCI Art. 646 of the Code of Administrative Offenses);
Collective agreement (If its conclusion is initiated by one of the parties) (Penalty in the amount of 80 to 400 MCI Art. 97 of the Code of Administrative Offenses).

I would like to note that even if there are disagreements between the parties on certain provisions of the collective agreement, the parties must sign the collective agreement on agreed terms with the simultaneous preparation of a protocol of disagreements within 1 (one) month from the date of their occurrence. Disagreements that have arisen in the course of collective bargaining may be subject to further collective bargaining to resolve them when amendments and additions are made (Article 156 of the Labor Code of the Republic of Kazakhstan).

Mandatory documents, the absence of which can lead to negative consequences are:

1. Internal labor regulations

The presence of this document allows the Employer to regulate the labor schedule and prove, if necessary, the fact that the Employee has committed a disciplinary offense, which is problematic to do without the Labor Regulations.

2. Work Orders

The absence of orders for labor activity may lead to negative results during the inspection by the authorized body.

The order is the main document confirming this or that legal fact in labor relations and its absence will cause difficulties if it is necessary to prove such a fact. Restoring all orders is a rather laborious process, therefore it is important to issue them in a timely manner and monitor their relevance.

3. Provision (agreement) on non-disclosure of confidential information

In the absence of such a document, the Employee cannot be held liable for the disclosure or use of the Employer’s trade secret, database, know-how, inventions or developments of the Employer. Losses can be extremely significant and even lead to the bankruptcy of the company (for example, the departure of an employee to your competitors).

4. Non-Compete Agreement

The absence of such an Agreement may lead to the fact that the Employee, having become familiar with the algorithm of the Employer’s activities, will be able to apply the knowledge, skills, methods of work in his personal interests or in the interests of third parties in order to make a profit by competing with the Employer. Such a combination of circumstances can lead to financial losses and major losses for the Employer.

5. Liability Agreement

The absence of the Agreement can cause difficulties in bringing the Employee to liability for causing damage (losses) to the Employer and complicate the process of proving the fact of causing such damage, or even completely, eliminating the possibility of holding the Employee liable.

6. Additional agreement on the combination of positions

It is necessary only in case of situations that require the combination of positions by one employee.

It should be noted that the Labor Code of the Republic of Kazakhstan prescribes that for combining positions in an organization, the Employee is entitled to an appropriate additional payment.

In the absence of an agreement, there is a high probability of occurrence of risks in determining the volume of the actual labor activity and workload of the Employee, it is difficult to apply to him measures of responsibility for violation of labor discipline and bring him to liability for a combined position.

7. Shift Schedule

Such a document is used to standardize the work of shift workers and allows you to keep track of working time and rest time. Its absence contributes to negative results during labor inspections and difficulties in regulating shift work and wages.

Recommended documents, the absence of which can lead to negative consequences are:

1. Regulation on the collection and processing of personal data.

The presence of this document in the organization makes the process of collecting, processing and destroying personal information as clear, coherent and transparent as possible, which further reduces the risk of any liability for the Employer, given the fact that confidentiality requirements are becoming increasingly stringent on the part of authorized bodies .

2. Journal of registration of labor contracts.

According to the law, an employment contract must have a serial number. The lack of registration of labor documents in the general register of contracts can cause difficulties in their further search and identification. The presence of a separate register of employment contracts simplifies the procedure for assigning numbers and allows you to store information about contracts in one document.

3. Regulations on wages.

The Employer is obliged to pay wages, make mandatory deductions and payments for the Employee. At the same time, he has the right to encourage Employees. To establish a clear procedure for payments and deductions, it is recommended to develop and approve this document.

4. Staffing.

In general, the Labor Code of the Republic of Kazakhstan does not contain a definition of the staffing table and the obligation for the Employer to have it. However, in the text of the legal act, one can find references to the actions of the Employer, in which the staffing is necessary.

5. Vacation schedule.

The document is necessary so that the Employer can keep track of the time the Employees are on vacation and, taking this into account, timely organize the smooth operation of the organization: coordinate the combination of positions and prevent a collapse in which several key employees go on vacation at once. Also, the vacation schedule allows you to avoid liability under Art. 88 of the Code of Administrative Offenses).

6. Time sheet.

The Labor Code of the Republic of Kazakhstan provides for the obligation of the Employer to keep records of working time. At the same time, the Employer is not limited in the ways of fulfilling this obligation. However, keeping records through the time sheet can significantly optimize this process.

If you don’t know where to start or how to properly draw up the necessary local, personnel documents at the enterprise, KORGAN Law Company will help you with this. Having experience in this matter, we will help you put things in order in your documents.

License for construction and installation works II category

LLP “Legal company” KORGAN “was obtained a license for construction and installation works of category II.

Our company has done work on the preparation and submission of all necessary documentation to the authorized body.

Obtaining a license for construction and installation works of category II differs from the procedure for obtaining a license for construction and installation works of category III in terms of terms and required documentation.

The procedure for obtaining a license for construction and installation works is regulated by:

Civil Code of the Republic of Kazakhstan (special part) dated July 1, 1999 No. 409-I (with amendments and additions as of 02.01.2021);
The Law of the Republic of Kazakhstan “On Permits and Notifications” (as amended and supplemented as of 01.01.2021);
The Law of the Republic of Kazakhstan “On architectural, urban planning and construction activities in the Republic of Kazakhstan” (as amended and supplemented as of 16.01.2021);
By order of acting Minister of National Economy of the Republic of Kazakhstan dated December 9, 2014 No. 1636 “On approval of qualification requirements for the implementation of licensed architectural, urban planning and construction activities (as amended and supplemented as of July 30, 2019);
By Order of the Minister of National Economy of the Republic of Kazakhstan dated February 28, 2015 No. 165. Registered with the Ministry of Justice of the Republic of Kazakhstan on April 9, 2015 No. 10666 “On approval of the Rules for determining the general procedure for classifying buildings and structures as technically and (or) technologically complex objects” .

To obtain a license for construction and installation of category II, you must have:

1. Availability of a production base on the right of ownership (economic management or operational management) and (or) lease;

If you want to obtain a license for construction and installation works of the II category, then you need to be patient and time, since the process of obtaining a license itself takes a long time, and KORGAN Law Company LLP will help you with this.

Trademark registration

Основная функция товарного знака (бренда, марки) – это обеспечить потенциального покупателя возможностью легко и просто отличать товары и услуги, производимые одной компанией от товаров и услуг других компаний.

Потребители, довольные определенной продукцией, в будущем пожелают вновь ее приобрести. Поэтому очень важно предоставить все условия для того, чтобы среди многообразия схожих товаров и услуг покупатель обратился именно к Вам и выбрал Ваш товар.

Товарные знаки играют ключевую роль в брендинговой и маркетинговой стратегиях, способствуя формированию имиджа и репутации компании в глазах покупателей. Репутация, в свою очередь, является фундаментом в формировании клиентской базы и повышении доверия к компании.

Не остается в стороне и психология: так, покупатели зачастую создают эмоциональную связь с брендами, товарами и услугами которых активно пользуются, а также с набором атрибутов и признаков, которые характерны продукции этих брендов.

Товарные знаки мотивируют и сотрудников фирмы. Так, наличие бренда вынуждает компании и их сотрудников постоянно вкладывать ресурсы и средства в повышение качества предоставляемых товаров/услуг для того, чтобы обеспечить постоянно растущие ожидания клиентов.

Тщательно подобранный и зарегистрированный товарный знак является ценным активом для многих компаний. Рыночная капитализация таких всемирно известных брендов, как Apple или Amazonпревышает триллионы долларов США. Причина этого кроется в ценности, которую придают клиенты известности бренда и его репутации. Это в конечном итоге приводит к тому, что большинство людей желают платить за продукцию, которая не только отвечает потребностям, но и выпускается под известными брендами, чья репутация и имидж непоколебимы.

Как следует из вышесказанного, владеть зарегистрированным товарным знаком (брендом) и выпускать под этим брендом продукцию (оказывать услуги) дает компаниям множество привилегий и преимуществ в условиях рыночной экономики. Более того, от зарегистрированного товарного знака выигрывают все: покупатели, компании и рынок.

Компаниям, желающим зарегистрировать свой товарный знак мы настоятельно рекомендуем обратиться в Юридическую компанию «KORGAN», специалисты которой сделают все необходимое за Вас.

Стоимость регистрации

Стоимость всей процедуры регистрации товарного знака равна общей сумме предварительной, полной экспертиз и работ, связанных с регистрацией товарного знака в государственном реестре, выдачей свидетельства и публикацией сведений о регистрации.

Стоимость регистрации товарного знака устанавливается законодательными актами в сфере регистрации товарного знака. На 2021 год стоимость процедуры регистрации товарного знака составляет:

Прием заявки и проведение предварительной экспертизы на регистрацию товарного знака – 16 599 тенге 52 тиын;

Проведение полной экспертизы товарного знака – 44 000 тенге 32 тиын;

Проведение работ, связанных с регистрацией товарного знака, знака обслуживания в государственном реестре, выдачей свидетельства и публикацией сведений о регистрации – 36 544 тенге 48 тиын.

Сроки оформления товарного знака

Что касается сроков регистрации товарного знака, то доводим до Вашего сведения, что вся процедура, начиная от подачи заявки через портал уполномоченного органа и заканчивая выдачей охранного документа занимает 8-12 месяцев.

Документы

Для подготовки и последующей подачи заявки требуются следующие документы:

Заявляемое обозначение – изображение товарного знака в электронном виде. Размер загружаемого изображения не менее 945px*945px (8см*8см 300dpi), а формат – PNG;

Перечень товаров и (или) услуг в соответствии с Международной классификацией товаров и услуг (МКТУ) – перечень товаров (услуг), представляемых компанией;

Доверенность на представителя;

Документ, подтверждающий оплату услуг экспертной организации по проведению экспертизы.

Примечание*: сотрудники ТОО «Юридическая компания «KORGAN» консультируют по каждому из вышеуказанных пунктов. Более того, проекты доверенности, перечень товаров и услуг согласно МКТУ представляется нашей компанией. Все, что требуется клиенту – это выбрать из предложенного списка то, что подходит под свой вид деятельности.

Срок действия товарного знака

Регистрация товарного знака действует в течение 10 (десяти) лет с даты подачи заявки. Срок действия регистрации товарного знака продлевается каждый раз на десять лет по ходатайству, поданному в течение последнего года ее действия.

*По всем интересующим вопросам Вы можете обратиться по тел.: +7 701 7058248