Article 6 of the Labor Code of the Republic of Kazakhstan establishes that,everyone has equal opportunities to exercise their rights and freedoms in the labor sphere. No one may be restricted in their rights in the sphere of labor, except in cases and in the manner provided for by this Code and other laws of the Republic of Kazakhstan.      
      2. No one may be subjected to any discrimination in the exercise of labor rights based on origin, social, official and property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence, age or physical disabilities, as well as belonging to public associations.
      3. Differences, exclusions, preferences and restrictions, which, in accordance with the laws of the Republic of Kazakhstan, are established for the relevant types of labor activity or are due to the special care of the state for persons in need of increased social and legal protection, are not discrimination.
       4. Persons who believe that they have been discriminated against in the sphere of labor have the right to apply to the court or other instances in the manner prescribed by the laws of the Republic of Kazakhstan.                

It follows from the above that,  the above restrictions in the Law for persons who have passed the certification of an engineering and technical worker, participating in the design and construction process, in other organizations, carrying out these types of activities, who do not have the right to perform similar work in another organization according to & nbsp; part-time, significantly and unreasonably restrict the employee in the rights provided for by the labor code, as well as violate and contradict the principles of the Labor Code of the Republic of Kazakhstan. 

On the second issue, the Director of LLP «Law Company «KORGAN» Eshmuratov S.A. who gave strong arguments and justifications on the agenda of the first question:

Article 28 of the Law of the Republic of Kazakhstan “On Permits and Notifications” May 16, 2014  No. 202-V ZRK established that a license is required to engage in the following activities: survey activities, design activities, construction and installation works.

Qualification requirements for a licensee applying for the above activities are established by the Order of the acting Minister of National Economy of the Republic of Kazakhstan dated December 9, 2014 No. 136 “On approval of uniform qualification requirements and a list of documents confirming compliance with them for carrying out activities in the field of architecture, urban planning and construction”. The specified qualification requirements indicate that in order for the subject to engage in the relevant types of work, it is necessary to have a minimum material and technical equipment on the right of ownership (economic management or operational management) and / or lease, including a minimum set of equipment, instrumentation, tools, machines and mechanisms , which are established in accordance with the technical requirements for the performance of construction, installation and design work, depending on the technical requirements for the declared work of the subspecies of the licensed type of activity. The presence in the staff of engineering and technical workers with the appropriate higher professional education in the field of construction and installation works and work experience (labor activity) of at least two years in the profile of work included in the requested subspecies of the licensed type of activity, or the corresponding secondary vocational or technical and professional education in the field of construction and installation works, and work experience (labor activity) of at least three years in the profile of work included in the requested subspecies of the licensed type of activity.

Representation in court: what does this service imply?

Representation in court from the law firm KORGAN – reliable protection of your interests in difficult situations!

One of our main arguments for your trust is the high percentage of cases won – about 80%, as well as a long-term partnership with the largest enterprises in Kazakhstan – the Architectural and Urban Planning Center of Temirtau, PromServiceKazakhstan, SpetsStroyEnergoMontazh and many other companies that we trust!

Find out why legal services from the law firm KORGAN are a guaranteed success in your case by reading our article.

Types of services for representing legal entities and individuals in court

Cooperating with the competent lawyers of our company, you get reliable legal support, absolute self-confidence and a guarantee that justice will be on your side. Our team provides representation services in courts and the field of both legal entities and individuals, support in civil, tax and criminal cases, we provide support in disputes in arbitration and arbitration courts.

Legal entities:

• representation in state control bodies;
• disputing the results of public procurement and invalidating the public procurement contract;
• Protection of the interests of the supplier in the event of a claim for recognition of the participant as an unfair participant in public procurement;
• challenging illegal inspections carried out by public authorities;
• recovery of debts/forfeits or losses/penalties;
• support in disputes in the field of land, customs, construction and other types of relations;
• Obtaining ownership and others.

Individuals:

• family disputes and division of property;
• parental rights;
• inheritance;
• support in disputes in the field of housing, land, construction, labor and other types of relations;
• dealing with legal issues in road accident cases;
• support in litigation for damages and debt collection;
• consumer protection support

Regardless of the specifics of the case, the client also receives an analysis of the prospects and risks of litigation in his case, detailed advice and full preparation for court hearings, assistance in drafting claims, petitions, appeals and other documents, collecting documentation and submitting it to the relevant institutions.

How to order representation services in court from the law firm KORGAN?

Contact us in any way convenient for you and get even more information about the stages of preparation for court hearings, prices for the service representation in court< /a> and lawyers who are willing to help.

Follow the link to the section of our site contacts, choose the method of communication that is most convenient for you and let us know about your problem so that we helped you solve it!

Seismic and safety training in Karaganda from the law firm KORGAN – these are modern solutions of competent specialists for the development of your business!

On enforcement proceedings in Kazakhstan

For the functioning of the judicial system and the system of state power as a whole, it is necessary to properly enforce the decisions of the courts and relevant state authorities. Execution is the most important area of ​​legal practice, reflecting the effectiveness of the entire mechanism of legal regulation and the ability of law to influence the motivation and behavior of a person. A right that is not expressed in the actions of its subjects, even though it is confirmed by a judicial or other act of civil jurisdiction bodies, is non-existent, which reflects the abnormality of such an actual situation.

It should be noted the special role of the institution of private bailiffs, which was introduced in Kazakhstan, thanks to the introduction of this institution, the number of actually executed civil cases has increased.

In accordance with the Code of Civil Procedure of the Republic of Kazakhstan, a civil case must be considered within a period of no more than two months, in cases of challenging the actions of officials no more than a month. According to the Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Enforcement Bailiffs”, enforcement of executive documents by bailiffs must be completed no more than two months from the date of initiation of enforcement proceedings, with the exception of executive documents on periodic penalties, and also except for cases when legislative acts establish other deadlines. According to executive documents related to the demolition of buildings, to the production of technological operations, as well as to executive documents on property recovery, requiring property valuation with the involvement of specialists, the production of an examination, sale, search for the debtor’s property, execution must be completed no more than four months. But in practice, as a rule, enforcement proceedings do not fit within the framework of a two-month period and, as a rule, can last for months and years.

So, the court of first instance made a decision, which entered into force and a writ of execution was issued. The recoverer must first of all apply to the territorial department of bailiffs, or to a private bailiff (at the discretion of the recoverer), write an application to initiate enforcement proceedings and attach the original writ of execution and a copy of the decision certified by the court, if the application is signed by the representative of the recoverer, then you must also attach a copy power of attorney. After that, the bailiff, no later than three working days, initiates enforcement proceedings and takes measures, for which he issues a decision. The bailiff, simultaneously with the initiation of enforcement proceedings, takes measures to ensure the execution of enforcement documents provided for by the Law, and also reveals the existence of other enforcement proceedings against the debtor, in case of detection, notifies the recoverer and explains the order of priority for satisfying his requirements. A writ of execution is presented at the place of registration of the debtor or at the place of his permanent residence, or at the place of his work with the implementation of enforcement actions at the place of presentation, as well as at the place of registration or location of his property. If the debtor is a legal entity, then the writ of execution is presented at the place of registration or the actual location of its body (founder) with the implementation of enforcement actions at the place of presentation, as well as at the place of registration or location of its property. If in the course of enforcement proceedings it turns out that the debtor is not located at the address indicated in the writ of execution, but is located in another administrative-territorial unit, then the state bailiff immediately issues a decision on this and within three working days sends the writ of execution and materials of enforcement proceedings to the address of location the debtor, in turn, the private enforcement agent, in agreement with the recoverer, has the right to travel outside his territorial district.

The bailiff, within three working days from the date of receipt of the writ of execution, issues a decision to refuse to initiate enforcement proceedings, if:

• the enforcement document is presented without a statement from the recoverer or the statement is not signed by the recoverer or his representative, except in cases where enforcement proceedings are subject to initiation without the statement of the recoverer;
• the executive document was not presented at the place where the enforcement actions were performed;
• the term for presenting the enforcement document for execution has expired and has not been restored by the court;
• the document is not executive or does not meet the requirements for executive documents;
• the executive document was previously presented for execution and the enforcement proceedings on it were terminated on the grounds provided for in paragraph 1 of Article 47 of the Law;
• a judicial act, an act of a body (official), which is an executive document or on the basis of which an executive document was issued, has not entered into force, with the exception of executive documents subject to immediate execution;
• the creditor has not deposited the amount necessary for the implementation of enforcement actions to the current account of a private enforcement agent;
• A copy of the judicial act with a mark of entry into force, certified by the signature of the judge and the seal of the court, was not attached to the executive document.

There are also grounds for suspension of enforcement proceedings, which are specified in Article 42 of the Law, the grounds for termination of enforcement proceedings specified in Article 47 of the Law and the return of enforcement documents, Article 48.

Foreclosure on the debtor’s property includes the seizure of property and (or) its forced sale or transfer to the recoverer. Recovery under executive documents is drawn, first of all, on the debtor’s money, including those located in banks and organizations engaged in certain types of banking operations, unless otherwise specified in the executive document. If the debtor does not have sufficient sums of money to pay off the debt, the execution is levied on other movable and immovable property belonging to the debtor. Execution may be levied on the pledged property if the other property of the debtor is insufficient to fully satisfy all the claims made against him that are not secured by a pledge, in compliance with the rights of the pledgee established by the civil legislation of the Republic of Kazakhstan.

When levying execution on the debtor’s share in the common property, the bailiff is obliged to notify the co-owners of the property and grant them the right of first refusal to purchase the debtor’s share in the common property. The cost of the share is indicated in the notice on the basis of a written opinion of a specialist.

In order to ensure the execution of the writ of execution, the bailiff is obliged to seize the property of the debtor, including in cases provided for by law, with the sanction of the court. In this case, the bailiff has the right not to apply the rules of priority for foreclosure on the debtor’s property. The arrest of the debtor’s property consists in a ban on the disposal of this property, as well as announcing a ban on the use and disposal of the debtor’s funds located in banks and other organizations engaged in certain types of banking operations, for which a decision is made to seize the debtor’s property. Seizure of money and other property located in banks and organizations engaged in certain types of banking operations is imposed by a bailiff only with the sanction of a court. Arrest on the money in the debtor’s bank account is imposed in the amount necessary for the execution of the enforcement document, taking into account the enforcement sanction, the costs of enforcement and payment for the activities of a private enforcement agent.

The bailiff shall make an inventory of the debtor’s property in the amount necessary to repay the amount awarded to the claimant, the costs of enforcement and the costs of paying for the activities of a private bailiff. An inventory of property is made in the presence of the debtor and attesting witnesses and with the preparation of a protocol. In the absence of an individual or a representative of a legal entity that is a debtor, who was notified in advance of the performance of enforcement actions, an inventory is drawn up in the presence of attesting witnesses.

When foreclosing the debtor’s property, the sale of this property is carried out in the following order:

• First of all, the debtor’s property that is not directly involved in production is sold, including securities, currency values, precious metals and precious stones, jewelry, vehicles;
• secondarily – finished products (goods), as well as other material assets that are not directly involved and not intended for direct participation in production;
• in the third place – real estate objects, as well as raw materials and materials, machine tools, equipment, other fixed assets intended for direct participation in production;
• in the fourth place – property transferred to other persons under a lease (property lease), loan, rental or other agreements.

The sale of seized property, except for property withdrawn from circulation by law, regardless of the grounds for seizure and types of property, is carried out by a bailiff through trading organizations on a commission basis, as well as at auction in the form of an auction. Bidding in the form of an auction is carried out by a private bailiff independently, and by a state bailiff through a specialized trade organization.

The choice of the form of sale of property is determined by the bailiff, taking into account the type of property.

Property worth:

• up to three hundred monthly calculation indices are sold on a commission basis, with the exception of real estate;
• From three hundred to a thousand monthly calculated indicators are sold at auction in the form of an auction.

An electronic auction sells property subject to state registration and (or) the value of which exceeds one thousand monthly calculation indices.

From the amount collected by the state bailiff from the debtor, the fines imposed on the debtor in the process of execution of the enforcement document are first repaid, after which the costs of enforcement are covered, the rest of the amount goes to satisfy the claims of the claimants, including for the enforcement documents held by other enforcement agents , within the administrative-territorial unit.

If the amount recovered from the debtor is not enough to satisfy all the requirements for enforcement documents, this amount is distributed among the recoverers in the order of priority established by this Law.

The claims of each successive turn are satisfied after the full repayment of the claims of the previous turn. If the collected amount is insufficient to fully satisfy all the claims of one queue, these claims are satisfied in proportion to the amount due to each claimant.

First of all, the requirements for the recovery of alimony are satisfied; claims for compensation for harm caused by injury or other damage to health, as well as in connection with the death of the breadwinner; requirements of employees arising from labor relations.

In the second place, claims for payment of remuneration due to authors for the use of a work, invention, utility model, industrial design for which patents have been issued are satisfied; claims of citizens for compensation for damage caused to their property by a crime or an administrative offense.

In the third place, the claims of creditors for obligations secured by a pledge are satisfied, including remuneration (interest), compensation for losses caused by delay in performance, forfeit (fine, penalty), necessary costs for maintaining the pledged property, as well as reimbursement of the pledgee’s expenses for collection. In the fourth place, the requirements for taxes and other obligatory payments to the budget are satisfied; claims of legal entities for compensation for damage caused by a crime or administrative offense.

In the fifth turn, all other requirements are satisfied.

In addition, the debtor is liable to recover the costs of enforcement actions, which include:

• Identification, inspection, evaluation of the debtor’s property;
• organizing and conducting an inventory and seizure of the debtor’s property, transportation and storage of such property;
• organization of the sale of seized property;
• payment for translators, specialists and other persons involved in the prescribed manner in the commission of enforcement actions;
• transfer (sending) by mail to the recoverer of the recovered amounts;
• bank charges associated with the issuance of recovered amounts from the cash control account and current account;
• debtor search;
• advance payment of the claimant;
• travel of a bailiff when performing enforcement actions on all types of public transport – urban, suburban and local communications (except taxis), including payment of travel expenses of bailiffs;
• other necessary actions in the process of execution of the executive document;
• other remuneration to persons involved by the bailiff in the process of enforcement.

The costs of enforcement actions are recovered from the debtor in favor of the persons or organizations that incurred these costs.

The state bailiff after the full execution of the executive document offers the debtor to voluntarily pay the enforcement sanction to the state revenue in the amount of ten percent of the amount collected or the value of the property or ten monthly calculation indices from individuals and twenty monthly calculation indices from legal entities under non-property enforcement documents.

In the event of the debtor’s refusal, the state bailiff shall recover the enforcement sanction on the basis of the issued decision on the recovery of the enforcement sanction from the debtor.

For non-execution of the executive document, the debtor may be held administratively or criminally liable. One of the main novelties in the Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Enforcement Bailiffs” was the introduction of an amendment stating that in the event of untimely execution by the debtor of the requirements of an enforcement document of a property nature, the enforcement agent has the right to apply to the court for the recovery of a fine from the debtor to the income of the recoverer in the amount of 0, 1 percent of the amount of the recovery or the value of the property to be transferred, for each day of delay from the moment of initiation of enforcement proceedings. The introduction of liability for late repayment of funds into the legislation will make it possible to discipline debtors and will increase the number of enforced court decisions.

Legal issues in case of an accident

In accordance with the Rules of the Road, a road traffic accident (RTA) is understood as an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused.

From the presented definition, it follows that a traffic accident occurs in the process of a vehicle moving along the road, as a result of which vehicles are damaged or, God forbid, people get injured or die.

What to do if you got into an accident and you suffered material damage: first of all, you don’t need to panic, you first need to call the traffic police by phone, but before they arrive, take measures to fix the scene of the traffic accident, as well as take photographs damage to your vehicle and the culprit, notify the representatives of the insurance company where you and the culprit are insured. If you are not sure of your innocence, then you definitely need to inform your insurance company, since the final point in guilt or innocence is put by the relevant administrative court considering the case. In turn, untimely notification of the insurance company about a traffic accident that has occurred entails a refusal to make an insurance payment, according to the Law of the Republic of Kazakhstan “On Compulsory Civil Liability Insurance of Vehicle Owners” (hereinafter referred to as the Law), the notification period for the insurance company is three working days .

When the victim (beneficiary) or their representatives apply, the insurer, on the basis of an application for organizing an assessment in the form established by the regulatory legal act of the authorized body submitted by the victims or their representatives, within ten working days organizes an assessment of the amount of damage caused to property from an independent expert at your own expense.

The organization of the assessment of damaged property includes the following steps:

• selection by the beneficiary or his representative of an independent expert in accordance with the list of independent experts provided by the insurer and information about their location, contact numbers;
• determining the location of the assessment in agreement with the beneficiary and an independent expert;
• inspection of damaged property;
• an assessment of damaged property by an independent expert;
• submission of the valuation report for familiarization to the beneficiary.

The victim is obliged, within seven working days from the date of submission by him or the insured (insured) to the insurer of an application for the organization of an assessment, to keep this property in the same condition as it was after the traffic accident, and to provide the insurer with an opportunity to inspect the damaged property, as well as an independent expert to assess the damage caused. It is worth noting that, as a rule, insurance companies wait for a court decision and its entry into force, and this usually takes a long time, usually about two months after an accident. In this connection, if you are sure that you are absolutely innocent and are a victim, then you can safely contact the appraisal company that has the appropriate license to engage in appraisal activities, while the costs of the appraisal are reimbursed by the insurance company.

The assessment of the amount of damage must be made by the appraiser within seven working days, in case of violation of the specified period, the appraiser pays the applicant a penalty in the amount of fifty percent of the monthly calculation index established for the corresponding financial year, for each day of delay.

After the specialized administrative court decides that your opponent is guilty of an accident and imposes an administrative penalty, you need to wait ten days for the court decision to enter into force, unless of course it is appealed to the appellate instance, then the case may drag on for another month.

After the entry into force of the court decision, it is necessary to collect the necessary set of documents and contact the insurance company for an insurance payment. According to the law, you must provide the following set of documents:

1) an insurance policy (its duplicate) of a person whose civil liability has arisen as a result of causing harm to life, health and (or) property of the victim, in case of his absence, a copy of the insurance policy, or if one of the information on the specified insurance policy is available (name of the insurer , number, date of issue of the insurance policy) or about the insured (last name, first name, if available – patronymic of the insured, state registration number of the vehicle);

2) a document confirming the occurrence of an insured event and the amount of damage caused to the victims;

3) a copy of the certificate of health care organizations on the period of temporary disability of the victim in the event of a fact of causing harm to the life, health of the victim or a certificate from specialized institutions on the establishment of the disability of the victim – if it is established;

4) a notarized copy of the victim’s death certificate;

4-1) a document confirming the right of the beneficiary to compensation for harm (copy);

4-2) an application for the organization of an assessment in the case provided for in paragraph 7 of Article 22 of this Law;

5) documents on the assessment of the amount of damage caused, made by an independent expert, in the case provided for in paragraph 6 of Article 22 of this Law;

6) a copy of the identity card of the beneficiary (for an individual) or the original of a power of attorney issued to a representative of a legal entity;

7) documents confirming the expenses incurred by the policyholder (insured person) in order to prevent or reduce losses in the event of an insured event, if any;

8) a copy of the driver’s license of the policyholder (insured) or the person who drove the vehicle, and a copy of the document confirming his right to drive this vehicle, including a copy of the vehicle registration certificate.

The law establishes the requirement that the claim by the insurer of additionally other documents is not allowed.

The representative of the insurance company who accepted the documents is obliged to draw up a certificate in two copies indicating the full list of documents submitted by the applicant and the date of their acceptance.

One copy of the certificate is issued to the applicant, the second copy with the applicant’s mark in its receipt remains with the insurance company.

For damage caused to the property of one victim, an insurance payment is paid in the amount of the damage caused, but not more than 600;

For damage caused simultaneously to the property of two or more victims – in the amount of the damage caused, but not more than 600 for each victim. At the same time, the total amount of insurance payments to all victims cannot exceed 2000. In case of excess of the amount of damage over the maximum amount of liability of the insurer, the insurance payment to each victim is made in proportion to the degree of damage caused to his property.

The period during which the insurance payment can be made is fifteen working days. In case of untimely implementation of the insurance payment, the insurer is obliged to pay the beneficiary a penalty in the manner and amount established by Article 353 of the Civil Code of the Republic of Kazakhstan.

This article discloses only a part of the issues arising as a result of a traffic accident, for more detailed advice you can contact the lawyers of KORGAN Law Company LLP at any time convenient for you.

Licensing of construction and installation and design works

In accordance with the Law of the Republic of Kazakhstan “On Private Entrepreneurship”, private entrepreneurship is understood as the initiative activity of private entrepreneurship entities aimed at generating income, based on the property of private entrepreneurship entities themselves and carried out on behalf of private entrepreneurship entities, for their risk and under their property liability. In the case of carrying out entrepreneurial activities subject to licensing, in accordance with the Law of the Republic of Kazakhstan “On Licensing”, a business entity must obtain an appropriate license. In this case, the subjects of architectural and urban planning activities must obtain a license depending on the type of activity carried out: a license for survey activities, a license for design activities, a license for construction and installation works. The activities of private entrepreneurship entities engaged in the field of architectural and urban planning activities are regulated by the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan “On Architectural and Urban Planning Activities in the Republic of Kazakhstan”, the Law of the Republic of Kazakhstan “On Licensing” and other by-laws.

In accordance with the Law of the Republic of Kazakhstan “On Licensing”, licensed types of activities include specific sub-types of activities that are specified in the Law. It should be noted that the regulatory legal acts: the Law of the Republic of Kazakhstan No. 461 dated July 15, 2011 “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Issues of Improving the Permit System”, the Law of the Republic of Kazakhstan dated July 10, 2012 No. 31-V “ On the introduction of amendments and additions to certain legislative acts of the Republic of Kazakhstan on technical regulation and metrology, such a licensed type of activity as design and survey activities was divided into two types of design and survey, in addition, a number of licensed sub-types of activity were excluded, one of which are the following:

Project activity:

• development of special sections of projects on: labor protection; anti-corrosion protection device; lightning protection device; automation, fire and security alarm system, fire extinguishing and fire protection systems at the design stage for new construction, overhaul, reconstruction or re-equipment of buildings and structures; preparation of budget documentation; drawing up projects for the organization of construction and projects for the production of works;
• architectural design for buildings and structures, including: buildings, structures and communications for industrial (industrial and economic) purposes; housing and civil buildings and structures; structures of monumental or decorative and applied purpose, small architectural forms and objects of landscape architecture; – development of special sections of projects on: labor protection; anti-corrosion protection device; lightning protection device; automation, fire and security alarm system, fire extinguishing and fire protection systems at the design stage for new construction, overhaul, reconstruction or re-equipment of buildings and structures; preparation of budget documentation; drawing up projects for the organization of construction and projects for the production of works.

Construction and installation works:

• general earthworks changed to special earthworks;
• such a subspecies as the production of special construction and installation works (including the conduct of special work in soils) is excluded, including: masonry from refractory materials; installation of explosive and fire hazardous equipment; installation of technological pipelines made of non-ferrous metals, polymeric materials and glass; storage facilities for oil, oil products and liquefied gases; earthworks in land reclamation and water management construction; hydromechanized works in the ground;
• special works on the installation of internal centralized heating systems with the corresponding sub-activities are excluded;
• such a sub-type of activity as finishing work during construction, reconstruction, overhaul of buildings and structures of I or II levels of responsibility has been excluded (with the exception of plastering and painting works);
• such sub-types of activity as installation of technological equipment (including commissioning) associated with: elevator facilities and other lifting and transport devices are excluded; metallurgy, enrichment; metalworking; woodworking; geological exploration, oil and gas production; mining, subway and tunnels and other sub-types of activity.

One of the fundamental innovations in the legislation in the field of architecture and urban planning was the division of individuals and legal entities engaged in design activities and construction and installation work in the field of architecture, urban planning and construction into categories:

Category I – carry out activities at facilities of all levels of responsibility within the framework of the existing license;

Category II – carry out activities at facilities of the second and third levels of responsibility, as well as work at facilities of the first level of responsibility within the framework of the existing license under subcontracts;

Category III – carry out activities at facilities of the second technically simple and third levels of responsibility, as well as work at facilities of the first and second levels of responsibility within the framework of the existing license under subcontracting agreements.

The division into categories made it possible to divide construction entities depending on the length of service of the organization in the construction industry, the number of facilities put into operation, material and technical equipment, thus information about the category makes it possible to learn about the qualifications of the enterprise and involve a certain level of responsibility in work at facilities.

Qualification requirements for certain types (subtypes) of licensed activities in the field of architecture, urban planning and construction are reflected in the Decree of the Government of the Republic of Kazakhstan dated January 25, 2012 No. 162 “On approval of qualification requirements for certain types (subtypes) of licensed activities in the field of architecture , urban planning and construction, and the invalidation of some decisions of the Government of the Republic of Kazakhstan “for example, in order to obtain a license for a certain type of activity, it is required to have a production base, the presence of a minimum material and technical equipment on the right of ownership (economic management or operational management) and / or lease, including a minimum set of equipment, instrumentation, tools, machines and mechanisms, which are installed in accordance with the technical requirements for the performance of construction and installation works, depending on the technical requirements for the declared works of the subspecies of the licensed type of activity; availability of instructions approved by the applicant (licensee) on the quality control system regulating the proper performance of work and quality assurance (standard control, quality control of work performance); the availability of rules and instructions approved by the applicant (licensee) on the system of labor protection and safety with the attachment of documents confirming the training of a responsible engineering and technical worker. In addition to the above requirements, in order to assign the first category to a licensee, the licensee must have at least ten years of experience and have a production base on the right of ownership; to assign a second category to a licensee, five years of work experience is required.

If the division of construction activity entities is regulated by the Law of the Republic of Kazakhstan “On architectural and urban planning activities in the Republic of Kazakhstan”, then the attribution of objects under construction according to the level of responsibility is regulated by the “Rules for classifying buildings and structures as technically complex objects”, approved by the Decree of the Government of the Republic of Kazakhstan and also RDS RK 1.02-04- 2013 “Attributing objects of construction and urban planning of territories to the levels of responsibility” approved by the Committee for Construction and Housing and Communal Services of the Ministry of Regional Development of the Republic of Kazakhstan. So, under an increased level of responsibility should be taken for buildings and structures, the failure of which can lead to severe economic, social and environmental consequences. The normal level of responsibility should be taken for buildings and structures of mass construction. A reduced level of responsibility should be accepted for seasonal or auxiliary facilities.

Urban planning projects are classified according to two levels of responsibility: I and II.

At the same time, the first level of responsibility includes the development of urban planning documentation approved by the Government of the Republic of Kazakhstan; II level of responsibility includes the development of urban planning documentation, which is approved by local government bodies in the manner prescribed by current legislation.

A more detailed classification of assigning objects to a particular level of responsibility is contained in the governing documents in construction.

Comprehensive legal and accounting business support

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

• drawing up letters, complaints to state bodies, organizations of various forms of ownership;
• preparation of claims, responses to claims;
• drafting contracts, negotiating contracts;
• advising on business activities of the enterprise;
• advising on labor law issues;
• conducting a legal audit of documents at the enterprise;
• preparation of constituent documents for re-registration of a legal entity;
• consulting accountants on accounting and financial reporting;
• advice on corporate taxation.

Business registration in Kazakhstan

In accordance with the Entrepreneurial Code of the Republic of Kazakhstan, all business entities are divided into three groups – small businesses, including micro-businesses, medium and large businesses.

Small business entities are individual entrepreneurs without forming a legal entity and legal entities engaged in entrepreneurship, with an average annual number of employees of not more than one hundred people and an average annual income of not more than three hundred thousand times the monthly calculation index established by the law on the republican budget and effective as of January 1 of the corresponding financial year.

The subjects of micro-entrepreneurship are small businesses engaged in private entrepreneurship, with an average annual number of employees of no more than fifteen people or an average annual income of not more than thirty thousand times the monthly calculation index established by the law on the republican budget and effective as of January 1 of the corresponding financial year.

At the same time, individual entrepreneurs and legal entities engaged in:

• activities related to the circulation of narcotic drugs, psychotropic substances and precursors;
• production and (or) wholesale of excisable products;
• grain storage activities at grain receiving points;
• running a lottery;
• activities in the field of gambling;
• activities related to the circulation of radioactive materials;
• banking activities (or certain types of banking operations) and activities in the insurance market (except for the activities of an insurance agent);
• auditing activities;
• professional activity in the securities market;
• activities of credit bureaus;
• security activities;
• activities related to the circulation of civilian and service weapons and ammunition for them.

Individual entrepreneurs and legal entities carrying out these types of activities are classified as medium-sized businesses.

Medium business entities are individual entrepreneurs without forming a legal entity and legal entities engaged in private entrepreneurship, with an average annual number of employees over 100 (one hundred) but not more than 250 (two hundred and fifty) people and an average annual income of over 300,000 monthly calculation index up to 3,000,000 monthly the calculated indicator established by the law on the republican budget and effective as of January 1 of the corresponding financial year.

Large business entities are individual entrepreneurs without forming a legal entity and legal entities engaged in private entrepreneurship and meeting one or two of the following criteria: the average annual number of employees is more than 250 (two hundred and fifty) people and (or) the average annual income is more than 3,000,000 (three million times) monthly the calculated indicator established by the law on the republican budget and effective as of January 1 of the corresponding financial year.

Starting from 2014, all business entities are required to be members of the Chamber of Entrepreneurs and pay monthly membership fees, with the exception of small businesses that are exempt from paying membership fees for five years.

In order to start a business in our country, you need to decide which category of entities your business will be assigned to, what kind of occupation you will be engaged in, determine the authorized capital of the enterprise and the legal form.

Through the e-government portal, you can register a legal entity without leaving your home, this procedure takes two working days and does not require additional time spent on visiting government agencies.

Step-by-step procedure for registering a legal entity:

• First, you need to obtain a digital signature through the e-government portal and update it at any of the public service centers;
• Secondly, go through a step-by-step registration of a legal entity on the e-government portal;
• Thirdly, since one of the signs of a legal entity is a seal, after registering a legal entity, it is necessary to order a seal of the organization;
• Fourthly, contact the territorial statistical bodies to obtain a statistical map and submit primary statistical reports.

In accordance with the Law of the Republic of Kazakhstan “On State Registration of Legal Entities and Record Registration of Branches and Representative Offices”, small and medium-sized businesses are exempt from paying state fees when registering a legal entity.

Our experts will help you choose the best option, draw up constituent documents, orders, draw up documents with a notary and complete all the necessary formalities without leaving your home or office, thereby saving you from paperwork.

In addition, we provide services for the re-registration of a legal entity in the event of: changing the name, increasing or decreasing the authorized capital, changing 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 location address, changing type of activity and change of director.

Is it possible to collect a money debt on a receipt?

In accordance with applicable law, all transactions are made in writing or orally.

The following transactions must be concluded in writing:

• carried out in the course of entrepreneurial activity, except for transactions executed at their very conclusion, unless otherwise is specifically provided for by law for certain types of transactions or does not follow from business customs;
• for an amount exceeding one hundred calculated indicators, with the exception of transactions executed at the very moment they are made;
• in other cases stipulated by law or by agreement of the parties.

In cases established by legislative acts or by agreement of the parties, written transactions are considered completed only after they have been notarized.

If you decide to lend money, it is best to conclude a deal with a notary public with a receipt from the borrower that he really received the amount of money.

According to Article 715 of the Civil Code of the Republic of Kazakhstan, under a loan agreement, one party (the lender) transfers, and in the cases provided for by this Code or the agreement, undertakes to transfer to the ownership (economic management, operational management) of the other party (the borrower) money or things specified generic features, and the borrower undertakes to promptly return to the lender the same amount of money or an equal amount of things of the same kind and quality.

It follows from this article that two parties are involved in the loan agreement – the lender and the borrower, the subject of the transaction is money (in our case), respectively, the lender has an obligation to transfer, and the borrower to return the money by a certain date.

If it so happened that you did not go to a notary, but decided to formalize the transaction in a simple written form, then the following must be indicated in the receipt:

• Place and date of the transaction;
• Data of the parties indicating the surname, name, patronymic; dates of birth; information about the IIN; information about the identity document; place of residence, and the more clarifying information about the debtor, the easier it will be at the stage of trial and enforcement proceedings;
• The deadline for repayment of the debt with the obligatory indication of sanctions for late repayment (penalty, forfeit), as this will discipline the debtor;
• Accordingly, the signature of the debtor, which you can attest with the signatures of witnesses.

If the debtor still failed to fulfill its obligation to repay the debt, then for the purpose of pre-trial settlement of the dispute, you can send a claim to the debtor, meet with him and find out the reason for the non-repayment of the debt. At the same time, we warn and draw your attention to the fact that you should be wary of the expiration of the limitation period (three years). If the deadline is missed without a good reason, this will be the basis for refusing to satisfy the claims on the basis of the defendant’s petition for the application of the limitation period.

If the measures of pre-trial settlement of the dispute did not help, then you need to apply to the court with a statement of claim to recover the debt. First of all, you need to find out the place of residence of the debtor, according to the information specified in the receipt, or by requesting the competent authorities. The address is necessary to determine jurisdiction when considering a civil case, since according to civil procedure law, claims are filed at the location of the defendant. We have decided on the court, now it is necessary to prepare a statement of claim and pay the state fee, for claims of a property nature, the state fee will be 1% of the amount collected. For example, if the amount of the debt is 100,000 tenge, then the amount of the state fee will be 1,000 tenge.

You must attach to the statement of claim:

• copy of ID;
• document confirming place of residence (registration book of citizens, or address certificate);
• receipt;
• original receipt confirming payment of the state fee;
• and other documents related to the case in question.

The term for consideration of a civil case in court is two months, the court makes a decision to satisfy the claims. After the entry into force of the court decision, a writ of execution is issued, which is sent to bailiffs for the enforcement of debt collection, the term of enforcement proceedings is two months.

Thus, answering the main question, is it possible to collect debt on the basis of a receipt – it is possible, but for this it is necessary that you have the original receipt with the information indicated above and information about the debtor.

Drawing up a statement of claim and the trial itself is not particularly difficult, and the plaintiff can collect the debt on his own. However, in the process of preparing a case for court and in the course of its participation, there are many nuances that a simple layman does not know, in connection with which you are distracted from your main work and waste your precious time.

Law firm KORGAN will save you from unnecessary trouble and help you competently draw up a statement of claim, provide services for representing interests in court, with subsequent support for enforcement proceedings. At the same time, we note that all the expenses that you spend on paying for the services of a law firm will be recovered from the debtor.

Payment of an administrative fine of 50%

Today, the Committee on Constitutional Legislation, Judicial System and Law Enforcement Bodies of the Senate of the Parliament of the Republic of Kazakhstan considered in the first reading the draft Code of the Republic of Kazakhstan on Administrative Offenses.

The draft Code of Administrative Offenses in the new edition is aimed at a significant reform of the legislation on administrative offenses, the exclusion of norms that contribute to the commission of corruption offenses, a clearer definition of administrative and legal torts and a differentiated procedure for bringing to administrative responsibility.

In order to provide a stimulating effect on the frequency of receipt of fines for administrative offenses to the state budget, as well as to increase the efficiency of proceedings in cases of administrative offenses, the draft code establishes a new procedure for reduced proceedings in cases of administrative offenses, according to which the right to pay a fine in the amount of fifty percent is introduced. from the specified amount of the fine within seven days (Article 811).

The project introduces the institution of revision of decisions that have entered into force on cases of administrative offenses and definitions based on the results of consideration of complaints, protests against them due to newly discovered circumstances, thereby making it possible to protect the rights of individuals and legal entities by filing an application.

The document provides for an absolutely certain amount of the fine, which will eliminate the corruption factor when imposing an administrative penalty.

Also, the Committee considered in the first reading the draft Law of the Republic of Kazakhstan “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Legislation on Administrative Offenses”.

In order to avoid conflicts, contradictions and gaps, the document amends the Codes of Civil Procedure, On Customs in the Republic of Kazakhstan, On Marriage (Matrimony) and Family, as well as a number of laws.

In addition, the Committee considered in the second reading the draft Criminal Executive Code of the Republic of Kazakhstan.

The document is aimed at further improvement of the penitentiary legislation in order to significantly increase the level of protection of the rights and legitimate interests of convicts and increase the efficiency of the execution of criminal penalties.

In order to stimulate the law-abiding behavior of the convict, it is proposed to determine his degree of behavior during the execution of the sentence, which will allow a more differentiated approach to the conditions of serving the sentence.

The adoption of the code will create conditions for a wider application of punishments not related to deprivation of liberty, reduce the level of penitentiary and post-penitentiary recidivism, social adaptation of convicts, and also form a mechanism for public participation in the educational process conducted with convicts.

The Committee also considered the draft Criminal Code of the Republic of Kazakhstan (second reading).

During the discussion of the bill, taking into account the comments and proposals of the committees, it became necessary to make changes and additions to the bill approved by the Mazhilis. The Draft Code is supplemented by Articles 229 and 230, set out in accordance with the adopted Law of the Republic of Kazakhstan “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Issues of Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism”. Corresponding amendments are made throughout the text of the draft under consideration to the reference norms in connection with the addition of two new articles. In accordance with the humanization of the criminal legislation, some parts are excluded from Article 403 with subsequent consolidation in the draft Code of the Republic of Kazakhstan on administrative offenses as a type of administrative offense. In order to humanize criminal legislation, confiscation of property as a form of additional punishment is excluded from the sanctions of 45 articles.

Also at the meeting of the Committee, the draft Law of the Republic of Kazakhstan “On amendments and additions to certain legislative acts of the Republic of Kazakhstan on the improvement of criminal legislation” was considered.

During the discussion of the bill, taking into account the comments and proposals of the committees, it was proposed to make changes and additions to the bill approved by the Mazhilis.

The document is supplemented by amendments to nine laws, such as the Law of the Republic of Kazakhstan “On the National Bank of the Republic of Kazakhstan”, “On the National Security Bodies of the Republic of Kazakhstan”, “On Housing Relations”, “On Public Procurement” and others. An amendment is being made to the wording of Article 26 of the Labor Code of the Republic of Kazakhstan in order to establish a ban on working with children for persons convicted of extremist and terrorist crimes, as well as for persons against whom criminal prosecution for committing crimes against minors was terminated on non-rehabilitating grounds.

The documents were submitted to the Chamber for consideration.

Internships for entrepreneurs abroad

The National Chamber of Entrepreneurs and the Center for International Programs JSC have launched a program under which candidates are provided with internships abroad at leading enterprises in the United States, Germany, Korea and other countries, Palata.kz reports. According to the organizers, an internship abroad is provided for specialists from the fields of energy, construction, media, medicine, agriculture and other sectors of the economy.

Applicants must have at least three years of work experience. From this period, at least a year, the applicant must work as a middle manager and as an engineering and technical worker. In order to receive an internship abroad at Bolashak, candidates will have to submit, among other documents, an employer’s application for training a specialist with the condition of maintaining a job, and the host party – an invitation.

Applicants must pass a competition for knowledge of a foreign language and a test for knowledge of the state – Kaztest. They also undergo an interview with members of an independent expert commission, which checks the applicants’ knowledge of the Constitution of the Republic of Kazakhstan, the history of Kazakhstan, state symbols, as well as the level of professional training of the applicant. The final decision on whether an internship abroad will be provided is made by the Republican Commission for Training Personnel Abroad.

Kazakhstan and the United States intend to deepen large-scale cooperation

May 8 this year Minister of Foreign Affairs of the Republic of Kazakhstan Yerlan Idrissov held a meeting with US First Deputy Secretary of State William Burns.

During the meeting, the state and prospects of cooperation between the Republic of Kazakhstan and the United States in the political, trade and economic fields, as well as issues of implementing the agreements between the President of the Republic of Kazakhstan N.A. Nazarbayev and the President of the United States B. Obama within the framework of the Nuclear Security Summit in The Hague were discussed. in March of this year

The parties noted with satisfaction the cooperation between the two countries on global security issues, primarily in the field of non-proliferation of weapons of mass destruction. The American diplomat expressed gratitude for the contribution and initiatives of Kazakhstan in this area. In this regard, the signing in New York on May 6 of this year was especially noted. Protocol on Negative Assurances of the “Nuclear Five” Countries to the Member States of the Nuclear-Weapon-Free Zone in Central Asia (CAWFZ). Kazakhstan, as chairman of the CANWFZ for two years, has worked to advance this issue, thereby achieving a significant increase in security for the countries of the Central Asian region, and making a significant contribution to the global nonproliferation system.

The interlocutors also noted the successful work of the Kazakh-American bilateral mechanisms, such as the Commission on Strategic Partnership, the Joint Commission on Energy Partnership and the Commission on Scientific and Technical Cooperation.

Trade, economic and business cooperation is still an important element of the strategic partnership between our countries. The Head of the Ministry of Foreign Affairs of the Republic of Kazakhstan noted the recently increased interest of US high-tech companies in the development of joint projects in Kazakhstan. This is an indicator of the growing confidence of foreign investors in Kazakhstan and an indicator of the attractiveness of the investment climate in Kazakhstan.

The parties noted with satisfaction the progress in agreeing on the draft Agreement on Improving International Tax Control and Implementation of the US Foreign Account Tax Control Act. This document opens up new opportunities for effective interaction and information exchange between the financial and tax authorities of the two countries.

The interlocutors exchanged views on topical issues of international politics and regional security, including the situation in Ukraine. In this regard, the need was emphasized for the implementation by all interested parties of the agreements reached in Geneva on April 17 this year, and the hope was expressed that the parties involved in the conflict would show restraint and prevent further bloodshed.

W. Burns expressed special gratitude to Kazakhstan for the contribution of our country to the security and rehabilitation of Afghanistan. He assured that the United States, against the backdrop of the withdrawal of the international coalition troops from the IRA, will continue, together with its partners, including Kazakhstan, to support the stable development of Afghanistan, incl. within the framework of the Istanbul process, the next meeting of which was held in Almaty in April last year.

The interlocutors agreed to continue a regular dialogue at all levels and make additional efforts to strengthen and expand the Kazakh-American strategic partnership.

Departure into the oncoming lane threatens with deprivation of rights for one year

In accordance with Article 463-3 of the Administrative Code of the Republic of Kazakhstan, driving onto the side of the carriageway intended for oncoming traffic, in cases where this is prohibited by traffic rules, entails the deprivation of the right to drive vehicles for a period of one year.

Article 467

1. Driving a vehicle by a driver who is in a state of alcoholic, narcotic and (or) substance abuse, as well as transferring control of a vehicle to a person who is in a state of alcoholic, drug and (or) substance abuse – entails deprivation of the right to drive a vehicle for a period three years.
2. The same actions that caused the creation of an emergency situation – entail the deprivation of the right to drive a vehicle for a period of four years.
3. Actions provided for by the first part of this article, which caused harm to the victim’s health, which do not have signs of a criminally punishable act, or damage to vehicles, cargo, road and other structures or other property – entails deprivation of the right to drive a transport vehicle for a period of five years.
4. The actions provided for by parts one, two and three of this article, committed repeatedly within a year after the expiration of the administrative penalty, entail an administrative arrest for fifteen days and deprivation of the right to drive a vehicle for a period of six years.
5. The same actions committed repeatedly within a year after the expiration of the term of the administrative penalty provided for in part four of this article – entail an administrative arrest for thirty days and deprivation of the right to drive vehicles for a period of ten years.
6. Actions provided for by the first, second and third parts of this article, committed by a person deprived of the right to drive a vehicle – entail an administrative arrest for twenty days.
7. The same actions committed repeatedly within a year after the expiration of the term of the administrative penalty provided for by part six of this article, entail an administrative arrest for thirty days.
8. Actions provided for by parts one, two and three of this article, committed by persons who do not have the right to drive vehicles – entail an administrative arrest for twenty days.
9. The same actions committed repeatedly within a year after the expiration of the term of the administrative penalty provided for by part eight of this article, entail an administrative arrest for thirty days.
10. Actions provided for by parts six, seven, eight and nine of this article, committed by persons to whom administrative arrest in accordance with part three of article 55 of this Code is not applied, – entails a fine in the amount of two hundred monthly calculation indices.

Note. The presence of a driver in a state of intoxication (alcoholic, narcotic and (or) substance abuse) is established in the manner determined by part three of Article 629 of this Code.

Increased administrative fines for traffic violations

“Article 462. Drivers of vehicles exceeding the established speed

1. Exceeding the established speed of the vehicle by ten to twenty kilometers per hour by drivers of vehicles – entails a fine in the amount of ten monthly calculation indices.
2. Exceeding the established speed of the vehicle by twenty to forty kilometers per hour – entails a fine in the amount of fifteen monthly calculation indices.
3. Exceeding the established speed of the vehicle by more than forty kilometers per hour – entails a fine in the amount of thirty monthly calculation indices.
4. Actions provided for by the first, second and third parts of this article, committed repeatedly within a year after the imposition of an administrative penalty, – entail a fine in the amount of forty monthly calculation indices.”;

7) to state Article 463-1 as follows:

“Article 463-1. Violation of the rules for crossing intersections or crossing the carriageway
1. Driving to an intersection or crossing a carriageway in the event of a traffic jam, which has led to the creation of an obstacle (traffic jam) for the movement of vehicles in the transverse direction – entails a fine in the amount of ten monthly calculation indices.
2. Failure to comply with the requirement of traffic rules to give way to a vehicle that has the priority right to pass through intersections – entails a fine in the amount of fifteen monthly calculation indices.
3. Violation of the rules for driving through intersections, except for the cases provided for in parts one and two of this article, – entails a fine in the amount of five monthly calculation indices.
4. Actions provided for by the first, second and third parts of this article, committed repeatedly within a year after the imposition of an administrative penalty, – entail a fine in the amount of twenty monthly calculation indices.”;

8) Articles 463-2, 463-3 and 463-4 shall be amended as follows:

“Article 463-2. Violation of maneuvering rules

1. Failure to comply with the requirement of the traffic rules to give a signal before starting to move, change lanes, turn, turn around or stop – entails a fine in the amount of five monthly calculation indices.
2. U-turn or reversing in places where such maneuvers are prohibited – entails a fine in the amount of ten monthly calculation indices.
3. Failure to comply with the requirement of traffic rules to give way to a vehicle enjoying the priority right of movement, with the exception of cases provided for by part two of Article 463-1 and Article 463-5 of this Code, – entails a fine in the amount of fifteen monthly calculation indices.
4. Actions provided for by parts one, two and three of this article, committed repeatedly within a year after the imposition of an administrative penalty – entail a fine in the amount of twenty monthly calculation indices.

Article 463-3. Violation of the rules for the location of the vehicle on the carriageway, oncoming passing or overtaking

1. Driving on footpaths, roadsides or sidewalks in violation of traffic rules – entails a fine in the amount of fifteen monthly calculation indices.
2. Violation of the rules for positioning a vehicle on the carriageway of the road, driving on the opposite side or overtaking without leaving the side of the carriageway of the road intended for oncoming traffic, as well as crossing an organized transport or foot column or taking a place in it – entails a fine in the amount of twenty monthly settlement indicators.
3. Departure to the side of the carriageway intended for oncoming traffic, in cases where this is prohibited by the rules of the road, – entails the deprivation of the right to drive vehicles for a period of one year.
4. Actions provided for by parts one and two of this article, committed repeatedly within a year after the imposition of an administrative penalty, – entail a fine in the amount of thirty monthly calculation indices.
5. The action provided for by part three of this article, committed by a person deprived of or not having the right to drive a vehicle – entails a fine in the amount of fifty monthly calculation indices.

Article 463-4. Violation of the rules for stopping or parking vehicles

1. Violation of the rules for stopping or parking vehicles, with the exception of cases provided for by part one of Article 463, Article 466 of this Code and parts two and three of this Article, – entails a fine in the amount of ten monthly calculation indices.
2. Violation of the rules for stopping or parking vehicles on the sidewalk, as well as stopping or parking vehicles in flowerbeds, children’s or sports grounds – entails a fine in the amount of fifteen monthly calculation indices.
3. Violation of the rules for stopping or parking vehicles on the carriageway, which has entailed the creation of obstacles for the movement of other vehicles – entails a fine in the amount of twenty monthly calculation indices.
4. Violation of the rules for stopping or parking vehicles in places designated for stopping or parking vehicles of disabled people – entails a fine in the amount of fifty monthly calculation indices.
5. Actions provided for by parts one, two and three of this article, committed repeatedly within a year after the imposition of an administrative penalty, – entail a fine in the amount of thirty monthly calculation indices.
6. The action provided for by part four of this article, committed repeatedly within a year after the imposition of an administrative penalty, – entails a fine in the amount of seventy-five monthly calculation indices.”;