16.03.2012

Since March 11, 2012 the “Regulations and Terms for Issuing Permits to Expatriate Employees for the Provision of Employment and to Employers for the Employment of Foreign Nationals” have come into effect in the Republic of Kazakhstan. In keeping with GR

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 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 on 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 Industrial Safety are summarized below.

II. AMENDMENTS INTRODUCED TO THE LAW ON INDUSTRIAL SAFETY

The Law on Amendments establishes the procedure of:

  • issue of decision on declaring of hazard industrial facility, which is issued upon the request of the owner of the hazardous industrial facility, submitted in optional form with enclosed original of expert opinion
  • registration and de-registration of the hazardous industrial facility: for registration and de-registration of the hazardous industrial facility the owner needs to submit an application to the territorial subdivision of the authorized body, which shall be considered within 10 business days from the day of application
  • approval of projects of construction, reconstruction, modernization and liquidation of the hazardous industrial facilities as well as local projects: for approval of project as well as local project the owner of the hazardous industrial facility needs to submit to the state senior inspector of oblast, city of republican status and capital in the sphere of industrial safety the following documents:

- application on sending of the project for approval;

- copy of the project;

- original of expert opinion on compliance of the project to the requirements of industrial safety.

The positive decision on approval of the project as well as the local project or motivated refusal in approval shall be sent to the applicant within 10 business days from the day of submitting of all documents.

The list of entities, engaged in hazardous industrial facilities and that are subject to knowledge assessment, henceforth consists of not only operating personnel and technical executives, but also personnel not connected with execution of works on the hazardous industrial facility.

The periodicity of knowledge assessment for personnel not connected with execution of works on the hazardous industrial facility is once every 3 years in accordance with the list, approved by the technical executive of the company, with preliminary training on eight-hour program.

Henceforth during the use of node points, details, devices, component parts and duplicate parts that are a part of technical devices, permit for use of technologies, technical devices and materials is not required.

The Law on Amendments excluded the following requirements:

  • on approval of composition of the examination commission with the territorial subdivision of the authorised body;
  • on necessity of obtaining of permit on production of technical devices and materials;
  • on necessity of attestation of companies on the right to conduct examination in the sphere of blasting works. 

III. CONCLUSION

The Law on Amendments represents a significant step towards improvement of the existing permitting system of the Republic of Kazakhstan. The realisation of this Law will result in reduction of quantity of licenses and permits. The exclusion of the requirements on obtaining of certain permits and approvals of state bodies in the sphere of industrial safety will simplify the procedure of carrying out economic activity for many companies in Kazakhstan.    

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