Kazakhstan Legislation Update for July

Agreement on Common Principles and Rules for Regulating the Activity of Natural Monopolies (Moscow, 9 December 2010) is ratified by Law of the Republic of Kazakhstan No. 451-IV of 2 July 2011.

The Agreement is mainly aimed at achieving the balance of interests of consumers, natural monopolies and society, ensuring access to services of natural monopolies, efficient functioning and development of natural monopolies in the member-states of the Agreement. For this purpose, the Agreement provides a common approach to the use of forms, methods, techniques and instruments for regulating natural monopolies in the territories of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation.

Each member-state has committed to harmonize its national legislation in the field of regulation of natural monopolies on the basis of the Agreement.

Agreement on Trade in Services and Investments in the Member States of the Single Economic Space (Moscow, 9 December 2010) is ratified by Law of the Republic of Kazakhstan No. 455-IV of 8 July 2011.

The Agreement is aimed to facilitate integration processes within the Custom Union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation within the Single Economic Space.

The purpose of the Agreement is creation of favorable and predictable conditions for business entities in the member-states of the Single Economic Space for expansion of mutual trade in services and investment activities, including through removal of existing restrictions, as well as prohibiting new restrictions on transfers and payments for current and capital transactions in connection with the establishment and activities of organizations and trade in services, except for certain specified cases.

Agreement on Common Principles and Rules of Competition (Moscow, 9 December 2010) is ratified by Law of the Republic of Kazakhstan No. 456-IV of 08 July 2011.

The Agreement is aimed at developing a common competition policy ensuring free movement of goods, services and capital, freedom of economic activities and effective operation of commodity markets in the common customs territory of the member-states of the Customs Union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation.

The Agreement prohibits anti-competitive agreements of legal entities, abuse of dominant position by legal entities, unfair competition and establishes penalties for violation of such restrictions on cross-border markets.

Parties to the Agreement are obliged to bring their national legislations into conformity with the Agreement within 18 months from the date of its entry into force.

BMF Group