According to the Law of the Republic of Kazakhstan on Subsoil and Subsoil use dated 24 June 2010 (hereinafter – the “Subsoil Law”), to perform subsoil use operations, a subsoil use contract is required (for exploration, production, combined exploration, and production). The draft subsoil use contract shall be developed by the winner of a tender and shall be agreed upon by the competent authority. In connection with this, when supporting projects on acquiring a subsoil use right and conclusion of contracts, our lawyers pay special attention to the terms and conditions of the concluded contract.

Because of the fact that conditions specified in the tender bid for granting of subsoil use rights is to be included in the contract will affect which participant will be considered the winner , legal assistance may often be required even at the stage of  preparation and submission of the tender bid.

Since the draft subsoil use contract shall be subject to the obligatory state examination (legal, economic, environmental), the development of the conditions of the draft subsoil use contract should engage not only those lawyers who specialize in mining but also those who practice in the areas of taxation, environment, etc. Our lawyers have extensive experience in drafting subsoil use contracts, and the availability of the branch of our firm in Astana allows us to be regularly informed on the status of subsoil use contracts submitted to the competent authority. Moreover, it allows us to be aware of the contract status at the stage of examination by other state authorities and therefore provide a flexible response in case of the need to complete the draft contract in order to address comments of the respective state authorities.

Changes in the legislation, extension of the contract term, and re-registration of a geological allotment are, as a rule, the grounds for modification of the contract. Amendments to the contract are acceptable upon agreement of the parties. Since an amendment to the contract is an integral part thereof and contains provisions replacing or supplementing any of its terms and conditions, drafting an amendment should be as thorough as drafting of the contract. Our team will assist you in amending the contract and in the settlement of all legal disagreements.

Within support of conclusion of the subsoil use contract, as well as within the procedure for contract modification, our experts offer:

  • preparation of the tender bid;
  • representation of the Client’s interests when submitting and registering the tender bid, in course of negotiations with the state authorities that are a part of the working group on consideration of the draft contract, in course of approval and examination of the draft contract, as well as when signing and registering the contract;
  • drafting the contract and amending final version thereof if required;
  • drafting additional agreements to the contract;
  • negotiating with the working group and state authorities in course of obtaining necessary approvals and expert evaluations;
  • development of final version of the draft additional agreement to the contract, signing and registration thereof.
  • advising a large Russian company on the acquisition of large coal assets and subsoil use right in Kazakhstan (conducting a complex legal analysis (due diligence), transaction structuring, drafting sale-and-purchase agreement, obtaining permit from the competent authority and the state waiver of its pre-emptive right);
  • advising a large international company on the proposed acquisition of an oil company owning assets in Kazakhstan, including due diligence;
  • advising a large Korean mining company on the proposed acquisition of several Kazakhstani mining companies, including legal audit, development of agreements, drafting memorandums and official legal opinions;
  • advising a top-tier Kazakhstani holding on development of subsoil use contracts regarding coal deposits, approval of the contract with state working groups, registration, completion and approval of amendments to the subsoil use contract;
  • advising one of the foreign participants in the Production Sharing Agreement on changes in work program and procedure of procurement of goods, works and services under the subsoil use contract;
  • advising a large group of Russian companies in connection with obtaining approvals under Kazakhstani subsoil legislation within the frameworks of  selling a Kazakhstani gold-mining company;
  • advising a Russian law firm on the necessity to obtain the consent of the competent authority and the state waiver of its pre-emptive right in connection with the issue of Eurobonds by the parent company owning oil assets in Kazakhstan.
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В Каспийском Университете прошли гостевые лекции с GRATA International

С 10 по 16 ноября 2017 года Каспийский Университет принял юристов GRATA International в качестве лекторов по актуальным темам.

15.11.2017

GRATA International has been recognised as an ‘outstanding’ law firm according to Asialaw Profiles 2018

We are proud announce that GRATA International has been ranked as an Outstanding Law Firm by Asia Law Profiles 2018

14.11.2017

GRATA International organised a Doing business in Kazakhstan seminar in Atyrau

On 13 November 2017, in celebration of 20 years of GRATA International in Atyrau, we organised a Doing business in Kazakhstan via a Joint Venture and Consortium seminar.

14.11.2017

GRATA International in Ulaanbaatar, Mongolia

As a further step in GRATA International’s strategy designed to provide a comprehensive coverage in the Eurasian region, we are pleased to announce the expansion of our Mongolian desk into a significant presence in Ulaanbaatar.  Absolute Advocates, a full-service law firm, has started operating as an associate firm of GRATA International with effect from November 10, 2017.

13.11.2017

Shaimerden Chikanayev Took Part in the Round Table ‘Strategy 2025’

On 7 November 2017, a round table ‘Strategy 2025’ was held in Almaty.

13.11.2017

GRATA International Took Part in the Kazakh Forum of Corporate Lawyers

On 2-3 November 2017, the XII Forum of Corporate Lawyers was held in Almaty. GRATA International took part in the Forum as speakers.

13.11.2017

Doing business in Kazakhstan seminar

On 13 November 2017, in celebration of 20 years of GRATA International in Atyrau we are organising a DOING BUSINESS IN KAZAKHSTAN VIA JOINT VENTURE AND CONSORTIUM seminar.

25.10.2017

Arzinger & Partners Associate office of GRATA International in Belarus “Climbed up” in the Rating IFLR 1000

And again October, and again the time of the rating IFLR1000.

In the company section of IFLR 1000 Financial & Corporate we have gone up and take a worthy place in Tier 2! Similarly, we are located in the section Project Development, which replaced Energy & Infrastructure.

25.10.2017

Associate office of GRATA International in Samara RBL became a partner of the large industrial park of the Samara region

Associate office of GRATA International in Samara RBL law office became a partner of the large industrial park of the Samara region

10.11.2017

Bakhyt Tukulov: "It's awesome to be a lawyer!"

On 10 November, Bakhyt Tukulov, Partner, Director of the Litigation Practice, will speak at the Caspian University.

24.10.2017

Tax Advising

Preparations are being made in Belarus for the introduction of a new institute in the consulting sphere - tax advising. Edict of the President adopted on September 19 serves this purpose by approving the Regulation on the activities of tax advisers in Belarus.

18.10.2017

GRATA International hosted a Termination of employment agreement seminar in Atyrau

On 13 October 2017, in Atyrau, at the Renaissance Hotel, GRATA International hosted a Termination of employment agreement seminar devoted to labour law regulation of the Republic of Kazakhstan.

17.10.2017

Проверка российского контрагента перед сделкой

Статья управляющего партнера Ассоциированного офиса GRATA International в Новосибирске (Россия) USCONSALT Евгении Бондаренко о проверке российского контрагента перед сделкой.

17.10.2017

Как предъявить иск в суд к российской компании

Статья управляющего партнера Ассоциированного офиса GRATA International в Новосибирске (Россия) USCONSALT Евгении Бондаренко о соблюдении ряда обязательных требований при принятии процессуального обращения арбитражным судом Российской Федерации. 

17.10.2017

IFLR 1000 2018 recognised Shaimerden Chikanayev as a Highly regarded lawyer for Financial & Corporate law

GRATA International is delighted to confirm that Shaimerden Chikanayev has been endorsed as a Highly regarded lawyer for Financial & Corporate law following client and peer recommendations during IFLR1000's research process.

16.10.2017

GRATA International participated in the 19th German Economy Day in Kazakhstan

On 6 October 2017, the Union of German Economy in the Republic of Kazakhstan and Representative Office of the German Economy in Central Asia held the 19th Day of German Economy in Kazakhstan.

16.10.2017

GRATA International visited Almaty Invest - 2017

On 5 October 2017, the International Investment Forum - "Almaty Invest" - was held. The Forum platform annually incorporate about 500 high-ranking participants. 

13.10.2017

В Новосибирске прошла Межрегиональная практическая конференция для бизнеса «Государственно-частное партнерство. Просто о сложном»

11-12 октября 2017 года, ассоциированный офис GRATA International в Новосибирске ЮСКОНСАЛТ совместно с Правительством Новосибирской области и Ассоциации Юристов России организовали межрегиональную практическую конференцию для бизнеса «Государственно-частное партнерство. Просто о сложном».

19.10.2017

Construction of “Tashkent city”

For Uzbekistan 2017 was marked by numerous changes in the life of the country. The changes accelerated the development of business environment in the country, in particular in Tashkent city.

Строительство «Ташкент сити»

Одобрена концепция международного Делового Центра Ташкент Сити, который будет размещен на площади 80 Га в центре города Ташкент между проспектом А.Навои, ул. Олмазор, ул. Фурката и проспектом И.Каримова.

10.10.2017

Kazakhstan - Data Protection in the Financial Sector

Over the past 25 years Kazakhstan has developed its own financial sector, which is considered to be the most advanced in Central Asia. With the evolution of financial sector and the complexities of key players involved, the need for regulation of dealing with data arose.

13.10.2017

GRATA International hosts a Termination of employment agreement seminar in Atyrau

On 13 October 2017, GRATA International in Atyrau hosts a Termination of employment agreement seminar

05.10.2017

White-Collar Crime Practice

GRATA International is launching a new practice in Russia - White-Collar Crime. In keeping with GRATA International's practice of informing about important legal developments that might affect their business, we highlight the impact of criminal law on business in Russian Federation.

21.09.2017

Shaimerden Chikanayev and Bakhyt Tukulov will Speak at the Kazakhstan Legal Forum 2017

On 28 September 2017, the Kazakhstan Legal Forum 2017 will be held in Almaty at the Inter Continental Hotel. 

27.09.2017

The International Comparative Legal Guide series - Mining Law 2018: Kazakhstan

GRATA International Kazakhstan contributed to the International Comparative Legal Guide series - Mining Law 2018 with the chapter on Kazakhstan. 

Major Economic and Social Developments in Uzbekistan

Uzbek government intensifies restructuring of the state apparatus by adding modern-thinking specialists to the management, alongside with radical improvements in legislation, directed to full-scale liberalisation, increasing trade turnover and development of local industry, attracting foreign investors, full transfer to market economy and overcoming such obstacles as corruption, restrictions for payment on current international transactions, tariff and non-tariff barriers.

25.09.2017

Aidar Sarymsakov took part at the Europe-Caucasus-Asia Forum in London

6-8 September 2017 Europe-Caucasus-Asia Forum was held (former CIS Local Counsel).

22.09.2017

GRATA International attended 4th annual Skolkovo Patent School

On 13-15 September 2017, “2017 Skolkovo Patent School” was held by the Skolkovo Innovation Center in Moscow.

22.09.2017

Yerbolat Yerkebulanov took part at the Mining and Metals Working Group Meeting in Almaty

On 19 September 2017 Mining and Metals Working Group Meeting was held in Almaty, Kazakhstan.

22.09.2017

Shaimerden Chikanayev was a speaker at the International Scientific Practical Conference

On 21-22 September 2017, an International Practical Conference was held at the Caspian University in Almaty.

21.09.2017

The International Comparative Legal Guide series - Franchise 2018: Kazakhstan

GRATA International Kazakhstan contributed to the International Comparative Legal Guide series - Franchise 2018 with the chapter on Kazakhstan. 

20.09.2017

Shaimerden Chikanayev to speak at International scientific conference about public-private partnership agreement in Kazakhstan

"Current problems of international financial and tax law" international scientific conference will be held on September 21-22 in Caspian University, Almaty.

20.09.2017

The International Comparative Legal Guide series - Franchise 2018: Russia

GRATA International Moscow office contributed to the International Comparative Legal Guide series - Franchise 2018 with the chapter on Russia. 

19.09.2017

Shaimerden Chikanayev Took Part at the Workshop Titled ‘Practical Aspects of PPP Projects’

On 15 September 2017, the workshop on ‘Practical Aspects of PPP Projects’ was held in The Ritz Carlton Hotel, Almaty.


25.08.2017

Bolat Miyatov Has Rejoined the Firm after Completing Studies at Harvard Law

GRATA is pleased to announce that Corporate Partner Bolat Miyatov is again a part of our team.

25.08.2017

The Intellectual Property and Antitrust Review 2017: Kazakhstan

GRATA International Kazakhstan office experts became the contributors of the 2017 edition of The Law Reviews Guide to The Intellectual Property and Antitrust Review 2017 Kazakhstan

23.08.2017

GRATA International Attended the Finnish Energy Forum

On 15 August, Astana hosted the Finnish Energy Forum organised by Business Oulu, Planora, the Finnish Power Club, the Association of Finnish Energy Companies, and Astana Expo-2017


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Key contacts

Samat Daumov

Managing Partner, Branch Director

Ust-Kamenogorsk, Kyzylorda, Shymkent, Taraz, Kostanay, Astana, Kokshetau, Petropavlovsk, Pavlodar, Karaganda, Uralsk, Taldykorgan

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