Author Archives: Maxim Sukhoterin

10.05.2017 civil procedure, Kazakhstan court fee, nonresident
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Requisites for payment by non-residents of court fee to the courts of Kazakhstan

On the official website of the Treasury Committee of the Ministry of Finance of the Republic of Kazakhstan there are official details for crediting money in foreign currency, including for payment by non-residents of the Republic of Kazakhstan of state duty in the Republic of Kazakhstan.

Requisites for crediting money in foreign currency to the current accounts of the Treasury Committee of the Ministry of Finance of the Republic of Kazakhstan in the National Bank of the Republic of Kazakhstan are as follows:

15.07.2016 common questions, Kazakhstan, lawyer, property
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Can a foreign company purchase residential property in Kazakhstan

Although the vast majority of notaries in Kazakhstan believe that a foreign company (i.e. a foreign legal entity, the place of registration of which is not the Republic of Kazakhstan) can not have beneficially owned residential property in Kazakhstan, in fact, it is misleading.
Indeed, current legislation of Kazakhstan prohibits foreigners temporarily staying in the territory of the Republic of Kazakhstan to have beneficially owned residential property (by virtue of Article 9 of the Law of the Republic of Kazakhstan “On Legal Status of Foreigners”). 

14.07.2016 business law, corporate law, customs duties and taxes
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Taxation of legal entity (non-resident) upon the sale of goods from a warehouse in Kazakhstan

Our company is registered in the Russian Federation. Currently, we are planning to start a wholesale of spare parts for mining equipment to the only buyer in the Republic of Kazakhstan without registration with the justice authorities.
For this we are going to:
rent a warehouse in Karaganda, without hiring employees – residents of RoK,
bring spare parts from Russia and place them on this warehouse for an indefinite period,
deliver them to the buyer directly from a warehouse in Karaganda preparing packing lists and invoices directly from Russian seller to the buyer of the Republic of Kazakhstan (as required).

28.10.2015 business law, external economic contract, international law, International trade
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The Main Provisions of International Commercial Arbitration Courts

International commercial arbitration is a process in which an independent non-government party resolves an international trade dispute as an alternative to litigation in court. In Russia, private arbitration organizations may be confused with the Arbitration Courts. The Arbitration Courts are federal courts of specialized jurisdiction similar to the commercial divisions in New York State or interregional commercial courts in Kazakhstan.

28.10.2015 import, scrap, VAT
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Exemption from VAT for the import of the Kazakhstan scrap to Russia

Currently, when importing scrap and waste of ferrous metals from the Republic of Kazakhstan (a member state of the Customs union, currently the Eurasian economic union) to the Russian Federation there is an ambiguous practice in respect of calculation of the Value Added Tax (hereafter referred to as the VAT) for the import of scrap metal from the specified country to Russian consumers.

18.08.2015 business law, common questions, international law
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Foreigners in Kazakhstan are forbidden to carry on individual business

In Kazakhstan, foreigners are not allowed to carry on individual business, even if they reside in Kazakhstan. The same prohibition applies to stateless persons.

It follows from paragraph 3 of Article 1 of the Law of the Republic of Kazakhstan “On private entrepreneurship”, which sets the concept of the individual entrepreneur, who is a citizen of the Republic of Kazakhstan and oralmans exercising individual entrepreneurship without forming a legal entity corresponding to the appropriate criteria set out in paragraphs 3 and 7 of Article 6 hereof.

18.08.2015 common questions, Kazakhstan
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Restrictions on purchase of property by foreigners in Kazakhstan

Can a foreigner have a house on the right of ownership in Kazakhstan?

Unfortunately, Kazakh law allows a foreign to have a house on the right of ownership only if that person is a resident of Kazakhstan.

For example, Article 9 of the Law of the Republic of Kazakhstan “On Legal Status of Foreigners” stipulates that foreigners in the Republic of Kazakhstan can have a house on the right of ownership (with the exception of temporarily staying foreigners).

29.06.2015 corporate law, Kazakhstan, Без рубрики @en
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Change of Director in the absence of the founders or their refusal to change the Director

According to Art. 253 of the Labor Code of the Republic of Kazakhstan the Head of the executive body of the legal entity shall be entitled to terminate the employment contract, notifying the owner of the legal entity authorized by the owner of the property or the person (body) or authorized body of a legal entity in writing at least two months prior. In other words, (…) the director has the right to resign if he would no longer be satisfied with his work.

17.06.2015 Court System, Enforcement proceedings, Без рубрики @en
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Termination of enforcement proceedings due to the loss of the possibility of execution

One of the grounds for termination of enforcement proceedings under subparagraph 4 of Article 47 of the Law of the Republic of Kazakhstan “On Enforcement Proceedings and Status of legal executives” is the loss of the possibility of execution of the executive document binding the debtor to perform certain actions (refrain from (…) of certain actions).

07.06.2015 civil procedure, Court System
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If the plaintiff lost the case, can he try again?

Article 367 of the CPC of the RK (Civil Procedure Code of the Republic of Kazakhstan) provides that a decision rendered by a court of the first instance can be annulled on appeal with the termination of proceedings or leaving the application without consideration on the grounds specified in Articles 247, 249 of this Code. Here we would like to consider subparagraph 9) of Article 249 of the CPC, according to which the court leaves the application without consideration, if an application for the return of the claim was submitted.

04.06.2015 Humor
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Instruction for Lawyers

1. The Law is a kind of thing, in which everyone is competent. Any manager, Credit Officer, accounting, etc. can independently prepare any contract, as well as to give an opinion on any legal question. To do this, you need to have only one thing – a disc titled like “All contracts on the same disc” and a couple of booklets such as “All you need to know about the Law” or “How to enter into contracts”. Any contract from such a disk can be applied to all situations. Thus, a supply contract may be used, regardless of whether you are selling a stew or sophisticated equipment, domestically or abroad.