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.
News 1 - 35 of 595
First | Prev. | 1 2 3 4 5 | Next | Last All

22.05.2018

Basic legal aspects of branch and representative office activity in Poland

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. 

22.05.2018

Determination of the lease price of roofed work place within the scope of Turkish Law

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.

22.05.2018

Legal Summary on Electronic Money Regulation in Mongolia

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.

18.05.2018

Can Islamic finance solve Kazakhstan’s renewable energy growth problems?

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.

16.05.2018

GRATA International won China Business Law Journal's ‘Deals of the year 2017’ award

GRATA International has been recognised for its Deal of the Year 2017 by China Business Law Journal.

11.05.2018

Kazakhstan: insurance market overview

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”). 

11.05.2018

Gulnur Nurkeyeva gave a speech on "The Second Global Law Firm Cooperation Forum and Lawyers' Private Advisory Board Conference"

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.  

11.05.2018

GRATA International took part at the English Law Summit

On 23-25 April, the English Law Summit was held in Astana and Almaty, where GRATA International Law Firm took an active part.

04.05.2018

Kazakhstan: Introduction of user identification requirements aimed at regulating mass media

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.

28.04.2018

Kyrgyzstan: Insurance Market Overview

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.

28.04.2018

Medical Advertising in Mongolia

The Law on Advertising (2002) and Law on Medicines and Medical Devices (2010) are main laws to regulate advertising of medicines in Mongolia.

26.04.2018

GRATA Intenational was appointed as a Member of the AIFC Court Users' Committee and the International Arbitration Centre Users' Committee

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.

26.04.2018

Implementation of projects in the area of Renewable Energy Sources (RES)

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.

26.04.2018

Gold Rush coming to Kazakhstan?

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.

25.04.2018

Yerbolat Yerkebulanov spoke on “Novelties in the Subsoil Code for Petroleum Subsoil Users”.”

On 19 April 2018, Yerbolat Yerkebulanov, partner of GRATA International (Subsoil Use Dept.) spoke  on “Novelties in the Subsoil Code for Petroleum Subsoil Users”.”

19.04.2018

GRATA International in Legal 500 EMEA 2018

GRATA International secured its position in Legal 500 EMEA 2018 rankings across 8 countries – Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and Uzbekistan.

19.04.2018

More free economic zones were created in Uzbekistan

Uzbekistan is becoming more open to investment and foreign investors. Only in the last month, two more free economic zones were created.

19.04.2018

In Uzbekistan 42 licensing and permitting procedures are going to be abolished

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.

19.04.2018

Concept of tax reform for 2018-2020 published for public discussion in Uzbekistan

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.

19.04.2018

Uzbekistan: insurance market overview

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.

11.04.2018

Can Kazakhstan tap Islamic Finance to become a regional Islamic Finance hub?

As the Central Asia’s largest and richest country, with a Muslim-majority population of around 18 million people, Kazakhstan wants its local Islamic banking industry, as an alternative source of capital for SMEs, to reach 3-5% of its total banking assets by 2020 from 0.08% in 2015.

30.03.2018

Checking the Russian counterparty before the transaction

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.

29.03.2018

Easier business for construction companies

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.

29.03.2018

Easier certifications rules are introduced

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.

28.03.2018

Kaisar Yegizbayev gave a lecture at the Caspian University

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'.

27.03.2018

New Code on Subsoil and Subsoil Use for mining companies

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.



27.03.2018

Shaimerden Chikanayev will be a moderator at the English Law Summit

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.

26.03.2018

Registration of medicines in the Eurasian Economic Union

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.

26.03.2018

Requirements for import of drugs into Ukraine are changed

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.

26.03.2018

Amendments in the List of Drugs Prohibited for Advertising

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[1].




[1] http://zakon0.rada.gov.ua/laws/show/z1948-12/ed20180116

26.03.2018

The Law of Ukraine "On feed safety and hygiene" was returned to the Parliament with the signature of the President of Ukraine

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.

26.03.2018

The List of Types of High-Risk Work and Machinery (Equipment) was reduced

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.

26.03.2018

The procedure for using budget funds for the development of the coal industry

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."

26.03.2018

Procedure for using the resources of the Energy Efficiency Fund

On February 7, 2018, the Decision of the Cabinet of Ministers of Ukraine came into force.

26.03.2018

Free Permissions in the field of nuclear energy

The Decision of the Cabinet of Ministers of Ukraine from December 27, 2017 No. 1064 was amended in:


News 1 - 35 of 595
First | Prev. | 1 2 3 4 5 | Next | Last All

Key contacts

Samat Daumov

Managing Partner, Branch Director

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

Show contacts
Contact us