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Published: 04 Nov 2008 12:10:22 PST

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Kazakhstan

Business Environment

Business practices

Closed hours and days
Public bodies and most companies open from 9 AM or 10 AM to 5 PM or 6 PM with a one-hour lunch break. Grocery stores and bakeries open every day (including on Sunday) from 8 AM to 8 PM with a break at noon.

Public holidays

Compensation day
 

Periods when companies usually close


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Standards

National standards organizations
Integration in the international standards network
Since 1992, some member States of the CIS (Commonwealth of Independent States) have made laws aimed at protecting consumers and environment. Due to this fact, imported goods are also subject to a system of certification, which corresponds to the technical requirements. Every supplier in Kazakhstan has, therefore, to adapt to these rules relating to the marketing of goods. A large number of machines, equipment and specific products require to be certified. Nearly all food products are subject to certification. If the product is already certified or manufactured according to the international standards, then the certification procedure is faster.
As for labelling, the country of origin must be mentioned, sometimes the number of the lot, expiry date and period of preservation. These indications can be written in Kazakh, Russian, English and German languages: just follow the instructions of the importer.
Classification of standards
Online consultation of standards
Certification organizations

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Legal framework

Independence of justice
The constitution of Kazakhstan significantly constrains the independence of the judiciary, which is subservient to the executive branch. 
Equal treatment of nationals and foreigners
 Foreign nationals cannot be guaranteed an impartial trial from the country’s judicial system.
The language of justice
There are two judicial languages used in the country: Kazakh and Russian.
Sources of the law and legal similarities
Kazakhstan is a Republic state based on parliamentary democracy but with an authoritarian presidential rule. Kazakhstan (official name: Republic of Kazakhstan) declared its independence in December 1991 subsequent to dissolution of the Soviet Union. President is the chief of state who is elected through a popular vote for a seven year term. President enjoys absolute executive powers.
President is also the commander-in-chief of the armed forces. President can initiate constitutional amendments, appoint and dismiss the government, dissolve Parliament and call referenda at his discretion. Prime Minister is the head of the government. Both Prime Minister and his Cabinet are appointed by the President.
The legislature in Kazakhstan is bicameral. The Parliament consists of: the upper house (Senate) having 39 seats; its members partly elected by the regions and partly appointed by the President to serve six-year terms; and the lower house having 77 seats; its members popularly elected to serve five-year terms. Both the members of the lower house and the government have the right of legislative initiative. Prime Minister cannot dissolve the parliament nor veto its enactment.The people of Kazakhstan have very limited political rights.
The constitution of Kazakhstan significantly constrains the independence of the judiciary, which is subservient to the executive branch. The main source of the law is the new constitution adopted through a national referendum in August 1995. The country’s legal system is based on the civil law system. Kazakhstan is a member of the CIS (Commonwealth of Independent States). There are two judicial languages used in the country: Kazakh and Russian.
Kazakhstan is not ruled by law. Foreign nationals cannot be guaranteed an impartial trial from the country’s judicial system. There is widespread corruption in the country, particularly in government and corporate sector. Businesses are forced to pay bribes in order to deal with the government bureaucracy.
Consulting national laws online

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Intellectual Property

National organizations
In the field of intellectual property, Kazakhstan is a signatory member of the following international agreements : The Convention for the creation of World Intellectual Property Organisation, Paris Convention for the protection of industrial property, Madrid Arrangement regarding international registration of trademarks, Patent co-operation Treaty (PCT) and Eurasian Patent Convention. The last three agreements enable to obtain the protection of trademarks or patents in Kazakhstan through registration of applications in Paris or Geneva.

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National regulation and international agreements

Type of property Law Validity International agreements signed
Patent Patent law, No428-I LRK of July 16, 1999 20 years, renewable for a period not exceeding five years
Trademark Trademark law treaty
Nice agreement concerning the International classification of goods and Services for the Purposes of the registration of Marks
Protocol relating to the Madrid Agreement concerning the International Registration of Marks
Design Patent law, No428-I LRK of July 16, 1999 0 10 years, renewable for a period not exceeding five years  
Copyright
Industrial Models  

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Tax rates

Consumption taxes

Tax rate
13%. A reduction is planed to 12% in 2009.
Reduced tax rate
There are some VAT exemptions (e.g. medicine).

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Corporate taxes

Tax rate
Capital gains taxation
In Kazakhstan, capital gains are taxed at the rate of 30%.
Other corporate taxes

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Double taxation treaties

Countries with whom a double taxation treaty have been signed
See the list of the convention signed on the website Yerzhanova.nursat.kz.
Whithholding taxes
Bilateral agreement

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Sources of fiscal information

Tax Authorities
Customs Control Comitee
Other domestic resources

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Accounting rules

Tax year
The fiscal year begins on January 1-st and ends on December 31 of the same year.
Accounting regulation bodies
Accounting reports
The balance sheet is presented into accounts with liabilities composed of constant capital and debts, because a distinction is made between long and short-term debts.
The profit and loss account gives priority to the repository of the global production and lets the choice of the cost - classification by function.
Publication
The law concerning companies in the Republic of Kazakhstan forces companies to keep up to date operational accounts. Accounts must be established in the national currency in accordance with new Russian accounting plan introduced in January, 1992. Accounting must be kept in accordance with the current standards but companies have no obligations concerning annual reports, only for fiscal purposes.
Professional accountancy bodies
Certification and auditing
There is no formal obligation for the audit, except for the daily activity recording. However, rights, obligations and qualification of the auditors tend to be more and more precise and subjected to laws and regulations.
Accounting news

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Source: FITA

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