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Frequently asked questions on laws of Kazakhstan

1Working without an employment contract: the risks
2What an employment contract must contain
3Fixed-term contracts: when they become open-ended
4Probation: how long it lasts and who is exempt
5Dismissing an employee who failed probation
6How many hours a week you may work
7Overtime: limits and pay
8Pay for weekends, public holidays and night work
9How much annual leave you are entitled to
10Compensation for unused leave on termination
11Grounds for dismissing an employee
12Redundancy: notice periods and payments
13Resigning: how to do it properly
14Termination by mutual agreement
15Disciplinary sanctions: types and time limits
16Can an employer recover damage from an employee
17Conciliation commission: is referral mandatory
18Time limits for bringing a labour dispute
19Late wages: what the employee can demand
20Which deductions from wages are lawful
21Can an employer change working conditions
22Temporary transfer without the employee's consent
23Can a pregnant employee or a parent of a young child be dismissed
24Secondary employment: the restrictions
25Using a services contract instead of employment: the risks
26Accident at work: the employer's obligations
27Non-competition agreements: do they work
28Proving length of service
29Pay for downtime
30Employer liability for breaching employment law
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1What rights does an LLP participant have
2How to leave an LLP
3How the size of a participant's stake is determined
4Can a stake be sold to another participant
5Can a stake be sold to an outside party
6How the pre-emption right over a stake works
7How to reduce the charter capital of an LLP
8How net income is distributed among participants
9How often the general meeting must be held
10Who may demand an extraordinary general meeting
11How to challenge a resolution of the general meeting
12Which matters require a qualified majority
13Who runs the day-to-day business of an LLP
14What falls within the director's competence
15Which matters fall within the exclusive competence of the general meeting
16What is the minimum charter capital of an LLP
17Within what period must the contribution be paid
18What is a limited liability partnership
19What are commercial and non-commercial organisations
20In which forms commercial organisations are created
21How the location of a legal entity is determined
22What are a branch and a representative office
23Who is liable for the obligations of a legal entity
24In which forms reorganisation is carried out
25What happens to obligations on reorganisation
26What rights creditors have on reorganisation
27On what grounds a legal entity is liquidated
28How the liquidation procedure works
29In what order creditors' claims are satisfied
30When a legal entity is created and when it ceases to exist
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1What forms of state control apply to business
2How preventive control with a visit differs from an inspection
3What a control purchase is
4How an inspection for compliance with requirements is scheduled
5How long an inspection may last
6What inspectors are not allowed to do
7When a business may refuse to admit inspectors
8When an inspection is declared invalid
9How to challenge the results of an inspection
10Can losses caused by an unlawful inspection be recovered
11What counts as a cartel
12Which agreements between supplier and retailer are prohibited
13What a dominant position is
14What amounts to abuse of a dominant position
15What constitutes unfair competition
16Advertising as a form of unfair competition
17Selling goods with inaccurate information
18What state monopoly and special rights are
19When a transaction requires an application to the antimonopoly body
20What the antimonopoly body may do during an investigation
21What antimonopoly compliance is
22How a licence differs from a second-category permit and a notification
23How an application for a permit is considered
24What happens if the authority misses the deadline for issuing a permit
25On what grounds a licence may be refused
26What happens to a licence when the company is reorganised
27Special licensing rules for particular activities
28What Incoterms® are and what they govern
29Incoterms® 2020 and Incoterms® 2010: which edition applies
30How Incoterms® 2020 differ from the 2010 edition
31Which decisions fall within the exclusive competence of an LLP general meeting
32What the registration number of a currency contract is
33What the repatriation requirement for exports and imports means
34In what forms currency control is carried out
35How Incoterms® relate to the supply contract and the contract of carriage
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1Which laws govern trading activity in Kazakhstan
2Trade mark-up on socially significant food products
3Where retail trade may be conducted
4Is displaying goods a public offer
5Rules for selling tobacco products
6How a price tag must be drawn up
7How goods of Kazakhstan origin are marked out
8Can vapes and smokeless tobacco products be sold
9General requirements for advertising
10Which goods of proper quality cannot be exchanged
11What if the receipt has been lost
12What counts as improper advertising
13What a buyer may demand where the goods are defective
14How quickly a seller must replace defective goods
15How long a consumer has to complain about defects
16Penalty for delay in meeting a consumer's demands
17Must a seller respond to a consumer's claim
18When a business must register for VAT and at what rate
19Cash registers: when required and what the rules are
20What must appear on the label of pre-packed food
21Which language food labelling must be in
22How allergenic components must be declared
23When the presence of GMOs must be declared
24How the expiry date of food must be stated
25What must appear on the label of cosmetic products
26How conformity of cosmetic products is confirmed
27Which cosmetic products require state registration
28What information is mandatory on tobacco packaging
29Which descriptions are banned on tobacco packaging
30What the single mark of product circulation means
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1Carriage contract or freight forwarding: what is the difference
2Which document evidences a contract of carriage of goods
3From what moment is the carrier liable for the goods
4How much will the carrier pay for goods lost in domestic carriage
5Can the contract limit the carrier's liability
6What penalty does a carrier pay for late delivery
7Within what period must the carrier deliver the goods
8What is payable for vehicle detention during loading and unloading
9What if the carrier fails to supply the vehicle for loading
10Can the consignor refuse the vehicle supplied
11Must a claim be sent to the carrier before suing
12What is the limitation period for claims arising from carriage of goods
13May a forwarder retain the goods for non-payment
14How to terminate a freight forwarding contract
15When does the CMR Convention apply instead of national law
16What is the carrier liable for under the CMR Convention
17What limit of compensation does the CMR Convention set
18How much can be recovered for delay in international road carriage
19Within what period must damage to goods be notified under CMR
20What is the limitation period under the CMR Convention
21What evidential weight does the CMR consignment note carry
22What must be stated in a CMR consignment note
23Who is liable for defective packing and documents in international carriage
24How a claim is made in rail carriage under SMGS
25When does the right of action arise in rail carriage
26What limitation periods apply under SMGS
27What is an air carrier liable for under the Montreal Convention
28What is the air carrier's limit of liability for cargo
29Within what period must a complaint be made in air carriage of cargo
30What is the limitation period in international air carriage
31When is carriage international and when does a treaty apply
32Must a forwarder check the goods and track the carriage
33When does air carriage begin: on the ground or in the air
34What does carriage of goods under customs seals mean
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1What counts as an investment and who is an investor
2What legal protection guarantees a foreign investor has
3How an investor may use the income it earns
4What investors are guaranteed on nationalisation and requisition
5Who is granted investment preferences
6How investment disputes are resolved
7What categories of immigrants come to work in Kazakhstan
8When a non-resident creates a permanent establishment
9What counts as a permanent place of business
10After what period do a non-resident's services create a permanent establishment
11What withholding tax rates apply to a non-resident's income
12Which income counts as arising from Kazakhstan sources
13What the requirements are for a certificate of tax residence
14How VAT applies to works and services bought from a non-resident
15How a non-resident can reclaim over-withheld income tax
16How to obtain a permit to engage foreign labour
17Can a foreign person be a participant in an LLP
18What the minimum charter capital of an LLP is and when it must be paid
19Who is exempt from the quota and the work permit requirement
20What conditions a business immigrant must meet to obtain a visa
21What a business immigrant must do after entering the country
22What the currency repatriation requirement means
23On what basis a temporary residence permit is issued
24Who may obtain a permanent residence permit
25How visas are issued to foreign workers
26Does a foreign company need a licence to operate in Kazakhstan
27How an application for a permit is considered
28How long a foreign worker may work under an employment contract
29Are foreign nationals entitled to social payments in Kazakhstan
30Can losses caused by an unlawful inspection be recovered
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1Who may act as a representative in court under a power of attorney
2Who cannot act as a representative in court
3Which powers must be stated expressly in the power of attorney
4How the powers of an advocate and a representative are documented
5What advocates and legal consultants may do in addition
6Can legal fees be recovered from the losing party
7How court costs are allocated between the parties
8What happens if you ignore a counterparty's claim letter
9What a statement of claim must contain
10For which claims is a court order issued
11How quickly a court order is issued
12How long civil proceedings take
13Within what period is an appeal filed
14Who may file a cassation complaint
15When Kazakhstan courts have jurisdiction over a foreign party
16Which cases involving foreign parties only Kazakhstan courts may hear
17How to enforce a foreign judgment or arbitral award in Kazakhstan
18Which foreign judgments are recognised without enforcement
19When a dispute may be referred to arbitration
20Does an arbitration clause work in a contract of adhesion
21Which disputes can be mediated
22How to enforce a mediation settlement agreement
23How to challenge a judge
24What interim measures the court may grant
25How quickly an application for interim measures is decided
26What risk the claimant takes in obtaining an attachment
27When interim relief is not available
28Can a claim be filed and a hearing attended electronically
29What rights foreign parties have in Kazakhstan courts
30What to do if a cassation complaint is returned
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1Who may promote medicines and medical devices
2What amounts to a breach of promotion ethics
3Can you meet a doctor at their workplace
4How to present a product at a medical conference
5Can you pay for a doctor's trip to a conference
6What is permitted when working with pharmacies
7Must a conflict of interest be disclosed at a conference
8What may be provided to medical workers
9How to register a medicine or medical device in Kazakhstan
10How long registration takes
11When to apply for re-registration
12Which products count as strategically important
13On which acts the Kazakhstan registration rules are based
14How a medical device is registered under EAEU rules
15What are the reference state and the state of recognition
16How quickly the registration dossier is checked
17What is the potential risk class of a medical device
18What determines the cost of registering a device
19What is a maximum price for a medicine
20How the retail mark-up on medicines is formed
21Who registers the price of a medicine
22How an originator product differs from a biosimilar
23Where to find the approved maximum prices
24Which healthcare activities require a licence
25Who is subject to accreditation in healthcare
26What rights does a patient have
27What duties does a patient have
28What constitutes the medical worker's duty of confidentiality
29When medical confidentiality may be disclosed
30How to document a patient's refusal of medical care
31What remote medical services may be used for
32What is expert review of the quality of medical services
33Who is entitled to the guaranteed volume of free medical care
34Is professional indemnity insurance mandatory for medical workers
35Who operates pharmacovigilance
36Who inspects compliance with good pharmaceutical practices
37What follows from breaching healthcare legislation
38Is a licence needed to import human organs and tissues
39How advertising in healthcare is regulated
40What is needed for wholesale and retail sale of medicines
41What labelling requirements apply to medicines
42Where a medical worker finds official product information
43What clinical studies are conducted for
44Who bears liability in digital healthcare
45How volumes of medical care are financed
46On what good pharmaceutical practices are based
47What a pharmaceutical inspection covers
48How a pharmacy or medical organisation is inspected
49What inspectors are not allowed to do
50Who answers to the patient for harm caused by a doctor
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The answers are provided for general information only, state the default position and do not replace legal advice on a specific matter. Please verify the current wording of the law as at the date you rely on it.

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