Publications

Data protection in Kazakhstan is mainly regulated by the Law of 21 May 2013 No. 94-V ZRK on Personal Data and its Protection ('the Personal Data Law'), Law of 24 November 2015 No. 418-V on Informatisation ('the Informatisation Law') and relevant subsidiary laws.

In light of the sudden changes in the crypto mining situation in Kazakhstan with the restrictions on Bitcoin computational processes by the Chinese government that escalated into the recent strict measures implemented in June 2021, Kazakhstan’s bitcoin mining has dramatically surged into third place on the global market.

State power in the Republic of Kazakhstan is exercised on the basis of the Constitution and laws in accordance with the principle of its division into legislative, executive and judicial branches and interaction with each other using a system of checks and balances. Enforcement proceedings are delimited from the judicial branch and assigned to the jurisdiction of the executive authorities.

In many countries there is a possibility of re-domiciliation of a legal entity, meaning its transfer from one jurisdiction to another. Such procedure allows to ensure continuity of operations of the company that wishes to continue its development in a different state due to legal, economic or other reasons.

The experience of different states, given in the brochure, will demonstrate the existence of not one, but several ways to overcome the slowness and inefficiency of execution in practice, and also that the possible solutions to the problem are varied, but they all ultimately are based on a delicate balance, along with other things, of the norms of executive the law and practice of their application, a high level of training and responsibility of various professionals involved in the implementation process, as well as the institutional and social systems in which these professionals are forced to carry out their activities.

In January 2022, Kazakhstan introduces the obligation on the VAT payment by foreign companies that are engaged in e-commerce with goods or provide e-services to individuals. The Law, dated 10 December 2020, No. 382-VI supplemented the Code of the Republic of Kazakhstan ‘On Taxes and Other Obligatory Payments to the Budget’ (hereinafter - the ‘Tax Code’)’ with a new ‘Section 25.  Features of Taxation of Foreign Companies When Engaging in E-Commerce with Goods, Providing E-Services to Individuals’.

Today, cryptocurrency and digital mining are attracting more interest from investors. At the same time, digital mining is expensive and risky business, which has become complicated by the different approaches of states to the legal regulation in this industry. Therefore, investors need to learn the project’s costs and choose a profitable jurisdiction for the implementation of their projects.

The impact of coronavirus infection on all spheres of life, and especially on the economies of many countries drawn particular attention of states to the issue of forced licensing of the intellectual deliverables in the health sector.

The main legal act governing the insolvency of legal entities in Kazakhstan is the Law of the Republic of Kazakhstan 'On Rehabilitation and Bankruptcy' No. 176-V dated 7 March 2014 as amended (the Bankruptcy Law). The Bankruptcy Law contains the types of insolvency proceedings, insolvency criteria, rights and obligations of the insolvent, creditors, temporary and bankruptcy managers.

Against the backdrop of the COVID-19 pandemic and prolonged quarantine restrictions, the issues of teleworking in Kazakhstan have acquired particular relevance. According to the publication of the MK-Kazakhstan newspaper, in Kazakhstan in 2020 the number of employees working remotely increased 100 times - from 60,000 to 6,000,000. Another source, Forbes Kazakhstan, reports that as of May 2020, 70% of civil servants were using telecommuting.