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Disclaimer: the blog is for general information only and does not constitute legal advice. Please contact your lawyer if you need assistance with any legal matter.
Recognition and enforcement of judgments of foreign courts in Kazakhstan
General Provisions
Article 501 of the Civil Procedure Code of the Republic of Kazakhstan provides that decisions, resolutions and rulings on the approval of settlement agreements, judicial orders of foreign courts are recognized and enforced by the courts of the Republic of Kazakhstan, if recognition and enforcement of such acts are provided for by legislation and/or an international treaty, ratified by the Republic of Kazakhstan, or on the basis of reciprocity.
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:
Consequences of fixing in the contract a ban on the assignment of rights under Russian Law
Before answering this question, it is necessary to clearly delineate the types of obligations that the party or parties are required to cede to a third party. The current Russian civil legislation makes it possible to distinguish three types of such obligations, the assignment of claims on which leads to different legal consequences depending on the position of the debtor or the prohibition of cession in the contract:
Is it possible to cede the right to demand payment of a fine by a public organization in Russia
Situation: a court decision in favor of the consumer collected funds, and in favor of a public organization, 50% of the amount that was satisfied by the consumer was recovered as a fine for violating the rights of the consumer (pursuant to paragraph 2 of clause 6 of Article 13 of the Consumer Protection Law).
Reissue of archival documents in Kazakhstan
Large-scale forced migration, including migration to the territory of modern Kazakhstan was a feature of the XX century. Moved people started families, raised children, and died on the Kazakh land. In recent years, the question of archival data obtaining by descendants of people who formerly lived in Kazakhstan is urgent.
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”).
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).
Licensing of scrap procurement activity is abolished In Kazakhstan
As part of the ongoing Kazakhstan policy aimed at reducing the permits and the simplification of licensing procedures in entrepreneurship on March 29, 2016 current Law of the Republic of Kazakhstan “On permissions and notifications” was amended which lead, among other things, to the abolishment of licensing of scrap and ferrous / non-ferrous metal waste collection (procurement), storage, processing and sale.
Kazakhstan’s Compliance with the “Most Favored Nation” Policy
On October 18, 2011, the heads of several CIS member states signed a treaty (hereinafter, “Treaty”) to establish a free trade zone. Among its signatories were Kazakhstan, Russia, Belarus, Ukraine, Kyrgyzstan, Armenia, Moldova, and Tajikistan (Uzbekistan also joined the Treaty later on).
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.
Forum Selection Clause in an International Trade Contract
When negotiating a contract, parties may agree on a specific forum that would resolve their disputes in the future. Kazakhstan Civil Procedure Code § 419 governs forum selection in international trade contracts.
Does a Witness Need an Attorney During a Police Interview?
The realities of life are such that, regardless of our will, we often became a witness of a wide variety of events, incidents, situations, which are observed in everyday life. Sometimes it’s pleasant events such as the birth of a child, sometimes unpleasant, such as death. The same is true for certain incidents and situations. Today one can be the witness at the wedding, and tomorrow he or she becomes a witness for a criminal case, after the fight, which took place during the same wedding.
How to Choose the Right Lawyer in Kazakhstan
Currently in Kazakhstan both individuals (in other words, citizens) and legal persons (organizations) are provided with a wide range of rights and freedoms. Sometimes, these rights and freedoms are violated in any way. Given that not everyone is legally competent, and such incidents sometimes make you to seek protection or elementary advice from various legal firms, you should know what legal services in Kazakhstan can help to protect yourself, your family, your business from a variety of threats.
Literalism while translating documents in the international legal proceedings
Literalism while translating documents in the international legal proceedings.
General process of the international integration has begun in Russia and Kazakhstan right after disintegration of the USSR. To globalization of national economies has led to that the goods, services, technologies and the capital have started to cross borders in great volumes. It, in turn, has generated an indispensability of the conclusion of contracts between participants of international trade, as well as has entailed an increase of number of economic disputes.
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.
Kazakhstan to Minimize the Number of Appellate Levels
1. Today’s five-tier judiciary in Kazakhstan
In May 2015, Kazakhstan President Nursultan Nazarbayev presented his 100 Particular Steps program, which proposed, among other things, major judicial reforms in the country. According to Step 16 of the program, Kazakhstan will make a transition from the current five-level judicial system (trial plus four types of appeals) to a new three-level system. Today, there are four types of appeal available after a district court trial:
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.
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).
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.
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).
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.
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.
