For more than 20 years GRATA has collaborated with international and local companies in all sectors of the economy, contributing to the organization and the success of their activities in Eurasian region. We offer a full range of legal services to assist and advise our clients. Our high level of performance and acknowledgement by our clients are confirmed by high ratings in respectable publications such as the “Legal 500”, “Chambers and Partners”, “Who's Who Legal” and many others.

Providing our clients tailor made solutions for doing business in accordance with the requirements of the legislation for more than twenty years, we have gained a unique experience in organizing and legal assisting businesses engaged in industry and trade.

We have established a true partnership, team spirit, creativity and youthful energy that give us a unique style of working. Constant self-improvement and focus on cost effective success are the basis of our team development strategy. Our team consists of more than 80 highly qualified lawyers, who can resolve legal issues quickly and skillfully, no matter how complex the issue might be.

OUR SERVICES

We offer our clients legal services in the following key areas:

Corporate Law

Tax Law 

• Corporate Structure;
• Antitrust Issues;
• Legal Due Diligence of the Acquisition and Sale of Company Shares/ Assets;
• Full Legal Support of M&A Transaction.

• Appealing Tax Audit Results and Tax Litigations;
• Corporate Taxation and Tax Planning;
• Tax Due Diligence;
• VAT Refund from the State Budget.

Commercial Law

Dispute Resolution

• Development and review of distribution, sale and purchase, agency, works, services and other agreements;
• Obtaining a preliminary approval of the antimonopoly authority of terms and conditions of agreements and other documents that restrict or may restrict competition; 
• Development/reviewing of policies on choice of counterparties and commercial policies with a view of  antitrust law and tax authorities requirements;
• Legal due diligence of candidates for distributorship/dealership and other counterparties
• Advising on requirements and restrictions in connection with import and circulation in Russia of certain goods;
• Advising on compliance of advertising and marketing materials and events;
• Advising on compliance of product labelling and packaging.

• Representation of Company's Interests in Courts;
• International Arbitration;
• Enforcement of Judgments of Kazakhstan's Courts and Foreign Arbitral Awards;
• Legal Support During State Audits.

Labor Law 

Customs Law

• HR legal due diligence;
• Development of labor policies;
• Advising on hiring foreign employees;
• Advising on compliance with labor code.

• Advising on Customs Regulation;
• Legal Assistance During Customs Audit;
• Appealing Results of Customs Audit, Customs Litigations;
• Customs Due Diligence.

 Company Registration

Licenses and Permits

• Development of Foundation Documents;
• State Registration of Legal Entities, Branches and Representative Offices;
• State Registration of Amendments to Foundation Documents.

• Advising On Licensing of Company Activities;
• Obtaining / Renewal of Licenses in the Sphere of Industry and Trade;
• Obtaining / Advising on Permits; 
• Advising on Sanitary and Epidemiological Requirements; 
• Ratios of Components in Food and Non-Food Items

Finance and securities

Intellectual property

• Financial and Currency Regulation;
• Direct Foreign Investments;
• Financial Leasing;
• Debt Restructuring;
• Insolvency Issues.

• Pre-Trial Protection of Intellectual Property Rights;
• Registration of Intellectual Property Rights;
• Representation in Courts During Intellectual Property Disputes.

 


 

 

Brochure: Industry and Trade

 

 

 

 

Our Recent Experience in Kazakhstan

Machine Industry

• Successfully representing the interests of an official distributor of the leading European manufacturer of trucks, buses and industrial engines, in court regarding an appeal against the results of a customs audit;
• Developing a sales scheme for distributing special techniques in Kazakhstan in light of available tax exemptions for an international manufacturer of construction and mining facilities;
• Advising the official dealer of the world's leading manufacturers of mining, construction, cargo, oil and gas, agricultural and other machinery on corporate and tax issues;
• Advising the European manufacturer of agricultural machinery on taxation of income in Kazakhstan;
• Advising fast-growing local company on licensing gas cylinder equipment and on legal aspects of fitting it to vehicles;
• Advising a large producer of oil and gas equipment on customs clearance procedure and state registration of marine vessels.

Tobacco Industry

• Development and implementation of a full range of legal measures aimed to meet the requirements of antimonopoly legislation in terms of fair competition for a large international manufacturer of tobacco products;
• Advising a large worldwide producer of tobacco products on the protection of intellectual property issues, including the issues of the violation of trademark law;
• Advising on compliance of the products produced by a large international tobacco company with the regulations of the new healthcare legislation of Kazakhstan.

Agricultural Industry

• Representing one of the largest local producers of agricultural products in the courts of Kazakhstan, including the Supreme Court, in a complex dispute over a distribution contract associated with the improper performance of obligations by the distributor, debt collection and recovery of loss of profit;
• Representing a large Kazakh producer of meat in a dispute with state authorities for environmental protection, as well as with tax authorities with regard to invalid claims for the breach of environmental legislation and the recovery of damages.

Electronics

• Advising one of the world's largest producer of electronics and home appliances on legal and tax aspects of relocation of production activities to the special economic zone;
• Advising an official dealer of leading electronics corporations on organizing and conducting business in Kazakhstan, including corporate, antitrust and tax issues as well as issues regarding attracting foreign labour;
• Providing legal support for a debt transfer agreement, share pledge and loan agreements between the largest Kazakhstani bank and a Kazakhstani distribution company engaged in the sale of electronic equipment;
• Advising a Swiss producer of systems for surveying and geographical measurement on corporate and tax aspects of M&A;
• Advising one of the largest Japanese electronics corporations on IP matters, particularly, regarding remuneration for copying an audiovisual work;
• Advising an official dealer of world producers of household and electronic appliances on dividends and remuneration payment when selling interests in the charter capital;
• Advising a subsidiary of a large European corporate group on importation of specialized refrigerating equipment to Kazakhstan as well as on income taxation;
• Representing the interests of an operator for the development and implementation of automated systems in the field of industrial automation in a civil case appealing against the results of a tender.

E-commerce

• Advising the largest Kazakhstan e-commerce operator on corporate finance matters;
• Advising a Russian retailer on legal aspects of online-shopping activity in Kazakhstan.

FMCG sector

• Successfully representing the interests of one of the largest multinational consumer goods companies in courts of all instances including the Supreme Court of Kazakhstan, when appealing against the customs audit resulting in a reduction of customs duties, fines and VAT amounting to more than 1.2 billion tenge;
• Advising one of the largest European companies producing FMCG and construction materials on customs regulation;
• Advising a large multinational company engaged in the production of consumer goods for ensuring full compliance with the antimonopoly legislation, as well as on the trademarks protection;
• Advising the official dealer of leading FMCG company on tax issues vis a vis creating and operating warehouses;
• Advising a large US company producing household chemicals on the requirements for labeling, packaging, and identification of goods as well as required technical certificates;
• Advising one of the leading worldwide FMCG companies on labour audit issues as well as on the legality of state withdrawal of labour permits for foreign employees of the company;
• Providing full legal support during debt re-adjustment (evaluation of financial and tax risks, preparation and drafting of agreements) for a large international company operating in the consumer goods market;
• Advising a local company on the performance of obligations under the equipment and trademarks purchase and sale contract with regard to the stated claims.

Pharmaceutical and healthcare

• Advising a major European pharmaceutical company on labour law issues, particularly, on the procedure for payment of off-hour work, preparation of recommendations in connection with the violation of official duties by the employee;
• Auditing HR documents of representative office of a leading European pharmaceutical company for compliance with the labour legislation of Kazakhstan;
• Advising a major international company producing medical systems and medical equipment on the protection of consumer rights;
• Advising a large international company that specialises in the production, development and sale of chemical and pharmaceutical products on the inclusion of its products into the State Register of Pharmaceutical Products of the Republic of Kazakhstan;
• Providing legal support for the registration of medical equipment for a large European manufacturer of diagnostic and treatment equipment;
• Advising a large European pharmaceutical company on taxation of a non-resident's income from a Kazakhstani source;
• Advising a large Swiss pharmaceutical company on corporate and tax issues associated with establishing a representative office in Kazakhstan;
• Advising a leading European pharmaceutical company on the development of marketing documentation in compliance with legal requirements;
• Advising one of the largest global pharmaceutical companies on preferences available to local pharmaceutical manufacturers;
• Representing the interests of an international pharmaceutical company in an appeal against 
an act of a state authority refusing to register a drug;
• Advising a leading global pharmaceutical company on the termination of an employment contract with a head of the company's representative office in Kazakhstan.

Retail

• Advising one of the largest international retail companies within the framework of due diligence of the large Kazakhstani retail operator;
• Advising a large transnational retail company on the organization and conducting retail business in Kazakhstan;
• Advising a leading retail and leisure pioneer on the organization of retail in Kazakhstan, including investment issues, leasing of commercial premises, corporate governance and attracting foreign labour;
• Advising a leading fashion and lifestyle retail company managing more than 45 international brands on the organization of retail business in Kazakhstan, including business structuring and creation of holdings, franchising, customs and tax law, antitrust law and the commercialization of intellectual property;
• Advising a large international retail company on specific aspects of the commissioning of a shopping centre for leasing purposes;
• Advising one of the world's largest retail companies on structuring the transaction for the sale and purchase of shares in a Kazakh company, considering the possibility of a call option for the remaining shares in future;
• Advising one of the world's largest retail companies on purchasing land plots in Kazakhstan;
• Advising an exclusive distributor of world clothing and accessories brands on the organization and conducting retail business in Kazakhstan;
• Advising a large trade company on antitrust law of Kazakhstan in respect of import restrictions.

Construction materials and equipment

• Representing a subsidiary of a large international producer of construction materials in a dispute with governmental authorities for environmental protection with regard to unsubstantiated claims for breach of environmental legislation and recovery of damages;
• Advising a global company providing integrated power solutions for customers in aerospace, marine and energy markets on drafting employment contracts, as well as delivering training for company employees;
• Advising the world's largest manufacturer of industrial gas turbines on concluding a debt restructuring agreement as well as on legal risks connected with the assignment of contractual rights to a Kazakhstani company operating in the area of construction and mineral extraction;
• Conducting due diligence of project contracts of a large European company producing ceramic tiles, extracts and processing raw materials in terms of the fulfillment of the obligations and business risks;
• Representing the subsidiary of the world's largest manufacturer of construction and mining equipment in a court of the first instance and in a court of appeal and providing legal support during enforcement proceedings;
• Advising the Russian trade and construction company on the execution of a supply contract, including analysis of case law of Kazakhstan and the prospects for judicial settlement of the dispute;
• Advising the official distributor of the largest German producer of heavy construction equipment on the legal aspects of construction of residential houses in Kazakhstan;
• Advising an exclusive dealer of construction equipment for concrete work on corporate and tax law as well as conducting an assessment of tax and other risks that occurred after the conclusion of a debt waiving agreement.

Food Industry

• Successfully representing one of the largest Kazakhstani breweries in courts of Kazakhstan when appealing against the results of a tax audit resulting in a reduction of taxes and penalties amounting to 350 million tenge;
• Advising one of the world's largest food producers on the return from a foreign bank of corporate funds stolen from the company's account;
• Advising one of the world's largest breweries on the licensing and tax aspects of the possibility of the use of secure storage option in the course of product sale; 
• Advising a large Kazakhstani producer of baby food and confectionery on intellectual property issues associated with the conclusion of trademark license agreement with a large Swiss producer of chocolate goods;
• Advising a local producer of soft beverages on corporate and tax issues associated with the merger of two Kazakh entities;
• Advising on the licensing process of a large trade company engaged in the sale of alcoholic beverages;
• Advising a large European company specialising in export of seafood on the drafting and subsequent registration of a pledge agreement with the relevant state authorities of Kazakhstan;
• Conducting corporate due diligence for an international trading company aiming to create a network of restaurants in Almaty;
• Representing the interests of a Kazakh company producing and selling tea products in courts of Kazakhstan in a case with a major local bank claiming to recover a debt, achieving the settlement 
of a dispute and the conclusion of a settlement agreement.

Our Experience in other Central Asian countries and in Azerbaijan

Uzbekistan

• Advising a large Russian producer of alcoholic beverages, a large Ukrainian producer of alcoholic beverages, a Turkish beer manufacturer and a leading European food producer on mandatory marking of the goods as well as on advertisement requirements according to Uzbek law;
• Advising a large Israeli manufacturing company and a large German electronics company on corporate liability for defective products and procedures for calling off defective and hazardous products;
• Structuring business relations with local agents, advising on issues related to repatriation of funds from Uzbekistan, dealing with bad debtors, structuring accounts payable for the largest European pharmaceutical companies;
• Advising one of the largest international pharmaceutical companies on issues related to repatriation of funds from Uzbekistan and developing internal employment policies for the company's local representative office; 
• Advising a large Indian pharmaceutical company on legal aspects of representative office activities in Uzbekistan.

Kyrgyzstan

• Advising one of the world's largest confectionary producers on the execution of distribution agreement; 
• Advising one of the world's largest tobacco manufacturers on issues of technical regulation;
• Advising one of the largest pharmaceutical companies on the registration of pharmaceutical products;
• Advising one of the world leaders of the consumer goods market on the registration of intellectual property rights in the customs registry;
• Advising one of the world's largest food companies on the issues of technical regulation;
• Advising one of the leading producers of alcoholic beverages on a distribution agreement.
Tajikistan
• Advising a Russian producer of fat and oil products on antitrust legislation;
• Advising one of the world's foremost producers of fine wines on the execution of distribution agreement;
• Advising one of the world leaders of the consumer goods market on the registration of intellectual property rights in the customs registry;
• Advising one of the world's largest food companies on issues of technical regulation;
• Advising one of the largest oil producers on standardization requirements.

Azerbaijan

• Advising a number of large clothing manufacturers on the conclusion of a franchising agreement with partners; 
• Advising and successfully representing a distributor of cargo vehicles in the pre-trial settlement of a dispute under a contractor agreement;
• Representing a large European automobile manufacturing company regarding the protection of personal data;
• Advising regarding inclusion of drugs produced by a large European pharmaceutical company into the State Register of Pharmaceutical Products of the Republic of Azerbaijan;
• Providing legal support for the registration of medical equipment for a large European manufacturer of diagnostic and treatment equipment;
• Advising a major US pharmaceutical company on various aspects of labour law in the Republic of Azerbaijan; 
• Advising a large European pharmaceutical company on immigration rules and permission requirements for attracting foreign labour;
• Advising a major multinational FMCG company on the compliance of company activity with antimonopoly law, and successfully representing its interests in the antimonopoly authority of Azerbaijan; 
• Advising a large international FMCG company on carrying out different promotional activities; 
• Advising a leading European producer of chocolate goods on labeling of products as well as on the protection of intellectual property and the possibility of eliminating violations of IP rights; 
• Advising a leading confectionary goods producer on corporate, tax and labour law aspects of incorporation of representative office; 
• Advising an international company - the owner of a large chain of restaurants - on the conclusion of a franchise agreement.

Our Experience in Russia

Automotive Industry

  • Advising one of the world’s largest automotive manufacturers regarding tax regimes applicable to import of vehicles in Russia and developing the most adequate scheme of import in terms of taxation
  • Advising a leading European automotive manufacturer regarding structuring contractual relations in Russia
  • Advising a leading automotive manufacturer in the Republic of Kazakhstan regarding customs clearance and taxation when importing vehicles in Russia
  • Advising a large Russian company as to tax consequences which may be suffered by the concessionaire when operating under a concession agreement providing for indemnification against any loss caused to federal public roads by vehicles with the gross laden weight of over 12 t
  • Advising a Russian official distributor of the German farm machinery regarding taxation issues related to warranty repairs
  • Advising one of the largest foreign automotive manufacturers as to deployment of production facilities and offices as well as capital repairs of industrial plants when implementing a project providing for incorporation of a subsidiary company in Russia
  • Advising a foreign manufacturer of heavy vehicles when implementing a project providing for acquisition of a building and adjacent facilities for the purpose of opening a service center
  • Legal support of purchase and sale of land plots designed to accommodate industrial facilities
  • All-in-one support of a business unit of a large international automotive manufacturer when entering the Russian market as well as providing external management services
  • Legal support of project lending and shared financing when incorporating an automotive manufacturing company
  • Pre-trial settlement of claims of vehicles’ purchasers
  • Representing a Russian dealer of one of the largest world’s automotive manufacturers in proceedings in connection with protection of the rights of vehicles’ purchasers

Pharmaceutical Industry

  • Advising one of the largest international pharmaceutical companies regarding distribution and promotion of its products in Russia
  • Advising an international pharmaceutical company regarding compliance of business activity carried out by its representative office in Russia with the applicable laws of the Russian Federation
  • Advising international and European pharmaceutical companies regarding clinical trials contracts and collaboration with health care professionals
  • Advising a European pharmaceutical company regarding adaptation and implementation of its internal policies in Russia
  • Advising a medical equipment manufacturer regarding tax regimes and civil law issues in connection with import of products to Russia
  • Representing a Russian business unit of a large European pharmaceutical company within pre-trial and court settlement of labor disputes related to dismissal of personnel thereof
  • Contesting a decision of the Department of the Federal Supervisory Service for Healthcare for Moscow and Moscow Region on holding a Russian business unit of an international pharmaceutical company administratively liable for violation of licensing terms and conditions when conducting its business activity
  • Representing one of the largest Russian pharmaceutical companies in connection recovery of a debt accrued under an agency agreement

Consumer Goods and Retail

  • Advising a leading international manufacturer of sportswear regarding certification and state  registration of its products in Russia
  • Advising a leading international manufacturer of jeans regarding advertising and labeling of its products in Russia
  • Advising the largest Russian manufacturer and seller of sportswear regarding taxation of its products manufactured outside Russia and subsequent import thereof in the country
  • Legal due diligence of business units of one of the largest Russian distribution networks of perfumes and cosmetics; advising regarding mitigation and elimination of risks identified
  • Preparing contracts in connection with business activities of an E-commerce operator in Russia

Food Processing Industry

  • Legal due diligence of a Russian confectionery products manufacturing group
  • Advising a European private investment fund in relation to the sale of a share in the authorized capital of a Russian manufacturer of confectionery products
  • Advising one of the largest Russian manufacturers of confectionery products regarding VAT refund issues
  • Advising one of the largest Russian companies regarding import and sale of frozen sea foods and applicable tax regimes when developing an adequate business structure

Equipment and Building Materials

  • Advising a Russian manufacturer of textiles regarding equipment leasing, including but not limited to, issues related to installation and commissioning of manufacturing lines
  • Representing one of the world’s largest manufacturers of ceramic ware in a tax litigation in connection with license fee recordkeeping
  • Representing one of the largest Russian manufacturers of polyethylene products in a tax litigation related to recordkeeping of marketing and leased property insurance costs and expenses

Agriculture

  • Representing a Russian manufacturer of agricultural products in a legal proceeding upon a claim for invalidity of real estate purchase and sale contracts entered into in the course of implementing a project for acquisition of municipal lands
  • Representing a Russian manufacturer of agricultural products in legal proceedings initiated by a municipal authority claiming for invalidity of a registered ownership of a non-residential premises
  • Representing a Russian manufacturer of agricultural products in legal proceedings in connection with contesting decisions of the Department of the Federal Service for State Registration, Cadaster and Cartography for the Moscow Region on the state registration of a restriction on disposal of a land plot as well as a decision of the municipal district administration (Moscow Region) on refusal to let land plots into lease
  • Advising one of the largest Russian companies regarding efficient structuring of business in terms of tax regimes applicable to import of seeds
Name Position Contacts
Shakhrukh Usmanov Partner, Director of Industry and Trade Department Inquire
Atabek Sharipov Partner, Head of Turkmenistan Practice, Head of Banking & Secured Transactions in Uzbekistan and Turkmenistan Inquire
Bakhodir Jabborov Managing Partner Inquire
Samat Daumov Managing Partner, Branch Director Inquire
Kanat Seidaliev Partner, Office Director Inquire
Zaira Kaysar Partner, Branch Director in Atyrau and Aktobe Inquire
Marat Atyshev Representative in Shymkent and Taraz, Advocate Inquire
Yana Dianova Director of Corporate and Commercial Law Department, GRATA International (Moscow) Inquire
Yevgeniy Gorokhov Senior Lawyer of Dispute Resolution Department, Attorney at law, GRATA International (Moscow) Inquire
Gulim Ratayeva Representative in Pavlodar Inquire
Elvira Maratova Counsel, GRATA Kyrgyzstan Inquire
Nargiza Turgunova Associate Inquire
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Key contacts

Shakhrukh Usmanov

Partner, Director of Industry and Trade Department

Almaty

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