The cooperation between state authorities and private entities is of particular importance in present conditions. The strategic, long-term socio-economic development of Kazakhstan is focused on the development of institutions of public-private partnership (PPP). According to modern understanding, PPP is the institutional and organisational alliance between the government and business in order to implement national and international, large-scale and local, but always socially significant, projects in a wide range of areas—from the development of strategic industries and research design works to provision of public services. One of the key activities of the firm in the area of PPP is providing legal support for infrastructure projects. PPP is an efficient instrument for the implementation of projects in areas such as transport, communications, fuel and energy complex, industry, urban infrastructure, agriculture, and more.
- due diligence of infrastructure facilities;
- legal support of investment projects;
- execution and legal support of contracts entered into through PPP mechanism;
- legal support of construction of infrastructure facilities;
- tariff regulation;
- legal services relating to protection of interests in property disputes between construction company and its clients.
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Under the Polish law, a foreign entrepreneur may, based on the reciprocity principle, set up its branch in the Republic of Poland. The scope of the branch's activity may include only the activity that is performed by the entrepreneur in the country of its incorporation.
In generally, the relationship between a landlord and a tenant is governed by a contract. That contract is referred to as the lease. A lease is an agreement between the landlord and the tenant in which the landlord agrees to allow the tenant to occupy a building or a piece of property owned by the landlord generally in return for the payment of periodic rent. Any issues relating to landlord/tenant law must initially be looked at in terms of what the lease calls for as to the respective rights and obligations of two parties.
New Law on National Payment System, dated 31 May 2017, shall become effective from 1 January 2018. The importance of the new law is an integrated payment system launch between the Central Bank, commercial banks, legal entities, other financial institutions and individual customers. As result of the law enactment, the Central Bank will be able to control all payment transactions of all participants of Mongolia financial market.
As the Central Asia’s largest and richest country, Kazakhstan has a lot of natural advantages for the development of renewables, including 3,000 hours of solar radiation a year and the average annual wind speed of nine meters per second in some parts of the country.
GRATA International has been recognised for its Deal of the Year 2017 by China Business Law Journal.
The insurance market in Kazakhstan is mainly regulated by two legal acts, namely, the Civil Code of the Republic of Kazakhstan dated 27 December 1994 (the “Civil Code”)and the Law of the Republic of Kazakhstan “On Insurance Activity” No.126-II dated 18 December 2000 (the “Insurance Law”).
Gulnur Nurkeyeva gave a speech on "The Second Global Law Firm Cooperation Forum and Lawyers' Private Advisory Board Conference" in Beijing on May 9, 2018 hostet by Beijing DHH Law firm.
On 23-25 April, the English Law Summit was held in Astana and Almaty, where GRATA International Law Firm took an active part.
The President of Kazakhstan, Nursultan Nazarbayev, signed, on 28 December 2017, the Law No. 128-VI on Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Information and Communication (‘the Law’). Marina Kahiani and Lola Abdukhalykova, Partner and Associate at GRATA International, provide an analysis of the obligations under the Law, including user identification, data retention and data localisation provisions, applicable for telecommunications operators and website operators.
Kyrgyz law identifies insurance activity as an activity of organisations that have a license to provide services to individuals and legal entities for premium services, the subject of which are contractual specific obligations of the insurer in the event of an unknown event, with the distribution of risk among a large number of persons exposed to such a risk, calculated on the basis of the principle calculation of large numbers.
The Law on Advertising (2002) and Law on Medicines and Medical Devices (2010) are main laws to regulate advertising of medicines in Mongolia.
GRATA International law firm was appointed as a Member of the AIFC Court (the "Court") Users' Commitee and the International Arbitration Center (the "IAC") Users' Committee.
The rapid development of the energy sector in the Republic of Kazakhstan forced the state to actively focus on creating conditions for the use of renewable energy sources. EXPO-2017 have become an additional incentive for the development of renewable energy projects. However, the renewable energy sector is, relatively young in Kazakhstan and there are a number of issues that need to be discussed. Some of them we would like to discuss below.
As it is known, Kazakhstan adopted a new Code on Subsoil and Subsoil Use dated 27 December 2017 (“Code"), which comes into force on 30 June 2018.
On 19 April 2018, Yerbolat Yerkebulanov, partner of GRATA International (Subsoil Use Dept.) spoke on “Novelties in the Subsoil Code for Petroleum Subsoil Users”.”
GRATA International secured its position in Legal 500 EMEA 2018 rankings across 8 countries – Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and Uzbekistan.
Uzbekistan is becoming more open to investment and foreign investors. Only in the last month, two more free economic zones were created.
In Uzbekistan, starting from June 1, 2018, licenses will be issued for an unlimited period, except for those related to drug trafficking, psychotropic substances and precursors, as well as cellular communication, radio and television broadcasting. This is stipulated by the decree of the President of Uzbekistan Shavkat Mirziyoyev from 11.04.2018 No. PD- 5409, on the reduction and simplification of licensing and permitting procedures.
National Project Management Agency under the President of the Republic of Uzbekistan prepared a draft concept on radical reform of the tax system. The document envisages reducing the tax burden, the VAT rate, unification and cancellation of a number of taxes and mandatory payments, as well as measures to improve tax administration.
Insurance functions as a tool to optimize financing process of recovery of the resources lost as a result of random events and by this insurance considerably decreases financial load to the budget of the state. Insurance aids to avoid also such serious macroeconomic problems as the growth of the public expenditures and the budget deficit which is an inflationary factor. The subject of the current state and development of the insurance market in Uzbekistan remains relevant today.
In Russia, on the participant of legal relations is entrusted serious risks associated with the manifestation of due diligence and prudence, which are often a condition for the subsequent protection of rights before state bodies and courts, including in disputing transactions.
This is related to the Decree No. 7 as well. The Government has recently shortened the list of construction activities subject to “attestation” (it is like certification, but different from the previous news item). A lot of “simple” construction works were eliminated from the list, like design works, doors and windows installation etc. So a lot of small construction companies that perform just internal works will be able to perform their activities without the special certificate. This is mostly interesting for the companies whose special certificate is going to expire soon. You do not need to prolongate it.
Long can we talk about the innovations of the Decree No. 7. In this month we would like to describe the simplified certification procedure for works and goods, as the new documents in this sphere were adopted in March. They are not fundamental, however, they make the procedure easier, more comfortable for the applicant.
Kaisar Yegizbayev is a lawyer at the Tax law department of GRATA International. He gave a guest lecture to Caspian University students on the 'BEPS. OECD actions against aggressive tax planning'.
On 27 December 2017, Kazakhstan adopted a new Code on Subsoil and Subsoil Use for mining companies (the “Code”) to come into force six months after its official publication. The Code will replace the current Law on Subsoil and Subsoil Use dated 24 June 2010 save for a limited number of provisions applicable to those subsoil users that will keep their subsoil use contracts without transitioning to relevant subsoil use licences.
From 23-25 April 2018 the English Law summit, organised by the Law Society (UK) in partnership with the Bar Council (UK), the UK Ministry of Justice and the British Embassy in Astana will take place in Astana and Almaty.
At the Pharmaceutical Forum of the EAEU and CIS countries held in Moscow in late February 2018, the Director of the Department of Technical Regulation and Accreditation of the Eurasian Economic Commission (EEС) said that the full-scale work on registration of medicines using the unified information system of the Eurasian Economic Union (EAEU) will start upon its launch scheduled on the first half of 2018. Currently, the integration segment of this system is ready, and the work to prepare national segments in each state of the EAEU is underway. Representatives of the regulatory authority of Kazakhstan reported that the first applications for registration of medicines under the unified EAEU rules had already been submitted, and representatives of the Belarus regulator confirmed their readiness to accept such applications.
On March 1, 2018, changes in The License Conditions for the Implementation of Economic Activities for the Production of Drugs, Wholesale and Retail Trade of Drugs, and the Import of Drugs (other than Active Pharmaceutical Ingredients) in the part provided for in the Decree of the Cabinet of Ministers of Ukraine No. 929 dated November 30, 2016, will come into force.
The List of Drugs Prohibited for Advertising, Which Are Released Without a Prescription with amendments added in accordance with the Order of the Ministry of Health of Ukraine № 1408 (dated February 14, 2017) comes into force on February 16, 2018.
On January 18, 2018, The Law of Ukraine "On feed safety and hygiene" No. 2264-VIII dated December 21, 2017, was signed by the President of Ukraine, and returned to the Parliament of Ukraine. The Law will come into force in stages until fully in 2020.
The Resolution of the Cabinet of Ministers of Ukraine "On Amendments to Decrees of the Cabinet of Ministers of Ukraine No. 725 dated August 25, 2010, and No. 1107 dated October 26, 2011" came into force on February 8, 2018.
On February 7, 2018, the Cabinet of Ministers of Ukraine adopted a decision "On Approving the Procedure for Using Funds Provided in the State Budget to Implement Measures to Ensure Domestic Production of Coal Products and Further Reforming the Public Sector of the Coal Industry."
On February 7, 2018, the Decision of the Cabinet of Ministers of Ukraine came into force.
The Decision of the Cabinet of Ministers of Ukraine from December 27, 2017 No. 1064 was amended in:
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