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LANES LAW | LEGAL QUESTIONS AND ANSWERS UNDER KAZAKHSTAN LAW

LANES LAW | FAQs

LANES | FREQUENTLY ASKED QUESTIONS ON LAWS OF KAZAKHSTAN

01Working without an employment contract: the risks

02What an employment contract must contain

03Fixed-term contracts: when they become open-ended

04Probation: how long it lasts and who is exempt

05Dismissing an employee who failed probation

06How many hours a week you may work

07Overtime: limits and pay

08Pay for weekends, public holidays and night work

09How 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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01What rights does an LLP participant have

02How to leave an LLP

03How the size of a participant's stake is determined

04Can a stake be sold to another participant

05Can a stake be sold to an outside party

06How the pre-emption right over a stake works

07How to reduce the charter capital of an LLP

08How net income is distributed among participants

09How 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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01What forms of state control apply to business

02How preventive control with a visit differs from an inspection

03What a control purchase is

04How an inspection for compliance with requirements is scheduled

05How long an inspection may last

06What inspectors are not allowed to do

07When a business may refuse to admit inspectors

08When an inspection is declared invalid

09How 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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01Which laws govern trading activity in Kazakhstan

02Trade mark-up on socially significant food products

03Where retail trade may be conducted

04Is displaying goods a public offer

05Rules for selling tobacco products

06How a price tag must be drawn up

07How goods of Kazakhstan origin are marked out

08Can vapes and smokeless tobacco products be sold

09General 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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01Carriage contract or freight forwarding: what is the difference

02Which document evidences a contract of carriage of goods

03From what moment is the carrier liable for the goods

04How much will the carrier pay for goods lost in domestic carriage

05Can the contract limit the carrier's liability

06What penalty does a carrier pay for late delivery

07Within what period must the carrier deliver the goods

08What is payable for vehicle detention during loading and unloading

09What 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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01What counts as an investment and who is an investor

02What legal protection guarantees a foreign investor has

03How an investor may use the income it earns

04What investors are guaranteed on nationalisation and requisition

05Who is granted investment preferences

06How investment disputes are resolved

07What categories of immigrants come to work in Kazakhstan

08When a non-resident creates a permanent establishment

09What 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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01Who may act as a representative in court under a power of attorney

02Who cannot act as a representative in court

03Which powers must be stated expressly in the power of attorney

04How the powers of an advocate and a representative are documented

05What advocates and legal consultants may do in addition

06Can legal fees be recovered from the losing party

07How court costs are allocated between the parties

08What happens if you ignore a counterparty's claim letter

09What 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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01Who may promote medicines and medical devices

02What amounts to a breach of promotion ethics

03Can you meet a doctor at their workplace

04How to present a product at a medical conference

05Can you pay for a doctor's trip to a conference

06What is permitted when working with pharmacies

07Must a conflict of interest be disclosed at a conference

08What may be provided to medical workers

09How 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.