12.03.2012

Law on Amending Certain Legislative Acts Regarding the Improvement of the Regulatory Approval System: Changes in the List of Activities That are Subject to Licensing

In Kazakhstan the Law on Amending Certain Legislative Acts Regarding the Improvement of the Regulatory Approval System (aimed at liberalisation of business by reduction of administrative burdens and permits) became effective from 30 January 2012.

In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments that might influence their business, we would like to draw your attention to prospective changes in Kazakh legislation in connection with entry into force of the new Law on Amending Certain Legislative Acts Regarding the Improvement of the Regulatory Approval System.

In Kazakhstan the Law on Amending Certain Legislative Acts Regarding the Improvement of the Regulatory Approval System (aimed at liberalisation of business by reduction of administrative burdens and permits) became effective from 30 January 2012.

In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments that might influence their business, we would like to draw your attention to prospective changes in Kazakh legislation in connection with entry into force of the new Law on Amending Certain Legislative Acts Regarding the Improvement of the Regulatory Approval System.

I. OVERVIEW

On the 15th July 2011 the President of the Republic of Kazakhstan signed the Law on Amending Certain Legislative Acts Regarding the Improvement of the Regulatory Approval System (hereinafter – the “Law on Amendments”), which became effective from 30 January 2012.

The Law on Amendments amended 54 Kazakh Laws, including the Environmental Code, the Tax Code, the Land Code, the Code on Administrative Offences, the Law on Licensing, the Law on Architecture, Town-Planning and Construction Activity, the Law on Industrial Safety and many others.

Some of the most important changes introduced by the Law on Amendments to the Law on Licensing in a part of cancellation of certain types of activities that are subject to licensing are summarized below.

II. AMENDMENTS INTRODUCED TO THE LAW ON LICENSING

The licensing of the following types of activity was excluded:

1) in the sphere of technical safety and

2) in the sphere of land development.

The licensing of the following most important subdivisions of activity was excluded:

1)   in the sphere  of industry:

  • production of electric and thermal power and the operations of power plants, electric grids and substations, production of thermal power for thermal supply of population area, industrial premises and facilities;
  • exploitation of objects of storage of gas, oil and oil products;
  • development of the technical and economic feasibility study of projects of development of deposits of solid commercial minerals

2)   in the sphere of use of nuclear energy:

  • placing of objects of nuclear energy use;
  • planning of objects of nuclear energy use;
  • gamma-radiation survey and other radiometric survey of territories;
  • radiation rehabilitation and reclamation of territories and objects;
  • transportation of radioactive wastes

3)   in the sphere of circulation of poisonous materials:

  • import of pesticides (toxic chemicals) and original components for their production

4)   in the sphere of transport:

  • transportation of passengers by marine transport;
  • transportation of passengers by river transport;
  • transportation of passengers by railway transport

5)   in the sphere of computerisation and connection:

  • authentication of conformity of the public key of the electronic digital signature to the privacy key of the electronic digital signature as well as assurance of registration certificate;
  • IP telephony (Internet telephony);
  • satellite mobile communication;
  • telecommunications on fixed network;
  • assignment of communication channel;
  • postal communication

6)   in the sphere of healthcare:

  • sanitary and epidemiological examination

7)   in the sphere of servicing of individuals and legal entities:

  • rendering special social services for aged, disabled persons and children;
  • export of working power from Kazakhstan abroad;
  • travel agency activity, services of tourism instructor

8)   in the sphere of architecture, town-planning and construction:

  • laboratory studies of grounds, underwater, conditions of footings and foundations;
  • gasification of housing and community facilities;
  • assembling of explosion and fire potential equipment;
  • assembling of technological equipment (including commissioning works) connected with the facilities of entertainment purpose;
  • capital repair and reconstruction of facilities (except restoration of historical and cultural monuments) including strengthening of load-bearing structures;
  • production of construction materials, devices and structures (except certified products);
  • expert and engineering services in the sphere of architecture, town-planning and construction activity

9)   in the sphere of production and circulation of ethyl alcohol and alcohol products:

  • import of ethyl alcohol and alcohol products 

III. CONCLUSION 

The Law on Amendments represents a significant step toward the improvement of the existing permitting system of the Republic of Kazakhstan. The realisation of this Law will result in reduction of quantity of licenses that will simplify the existing position of most companies carrying out economic activity.

Zarina Syzdykova
Junior Lawyer
GRATA Law Firm

In order to receive more detailed information, please do not hesitate to contact our lawyers in the following branch offices of GRATA Law firm:

Almaty, Licenses and Permits Department

Leila Makhmetova, Senior Lawyer

+7 (727) 2445-777 
+7 701 221-90-16
licenses@gratanet.com
lmakhmetova@gratanet.com

Astana, Licenses and Permits Department

Dina Zhuzdubayeva, Lawyer

+7 (7172) 689-929      
+7 701 786-58-64      
licenses@gratanet.com
dzhuzdubaeva@gratanet.com

Leila Makhmetova

Counsel, Director of Environmental Law Department