Review of the main changes in Kazakhstan in February 2024

The State Corporation is no longer the sole provider of services for receiving applications for the provision of public services and issuing the results of their execution in terms of the operation of reception offices and additional services.

The functions of receiving applications for the provision of public services and issuing results have been transferred to partner organizations through the conclusion of partnership agreements. Additionally, the State Corporation provides additional services upon the client's request for an additional fee.

Partner organizations may be business entities registered in the Republic of Kazakhstan, meeting established requirements, including requirements for information security and personal data protection, and having concluded partnership agreements.

Changes have also been made to the procedures for the provision of public services. Now, the acceptance of applications and issuance of results can be carried out through service providers, the State Corporation, partner organizations, the web portal of the "Electronic Government", stationary subscriber devices, mobile subscriber devices, and information technology objects determined by central state bodies.

Biometric authentication of the service recipient's identity may be conducted for obtaining a public service in electronic form.

Employers are required to submit electronic notifications of accidents at work. Each such case resulting in the loss of employee capacity, as determined by medical examination, is subject to thorough investigation.

Upon completion of the investigation of each incident related to work activities, the employer must prepare an accident report and send it electronically to the authorized state labor authority within three working days.

This accident report is submitted through the "Electronic Labor Exchange" information portal. To do this, the employer creates a personal account, confirming it with an electronic digital signature. Then, a scanned copy of the accident report is attached in the personal account and sent to the labor safety and security information system, also using an electronic digital signature.

Starting from February 3, there is a six-month ban on the export of unprocessed fish from Kazakhstan, such as fresh or chilled fish (including zander), fresh or chilled catfish (except for African catfish), and frozen catfish (except for African catfish), as well as other species of freshwater fish and frozen pikeperch.

Also, as of February 2, 2024, restrictions on the export of large and small cattle from Kazakhstan are introduced. This restriction is valid for six months and applies to the export of live large cattle up to 60,000 bulls and 120,000 sheep and goats, both to third countries and to the Eurasian Economic Union countries.

Moreover, new Quota Distribution Rules come into effect. The state body in charge of agricultural development publishes an announcement about the start of quota distribution on its website within three working days from the date of entry into force of the rules. This announcement contains information about quantitative limits for export, as well as limits for fattening sites and product manufacturers.

The quota allocation for the export of bulls over 12 months old and sheep over 6 months old is formed on the portal after the Rules come into force. For example, the limit for the export of bulls is 60,000 heads, of which 30,000 heads are intended for fattening sites and 30,000 heads for product manufacturers. The limit for the export of sheep is 120,000 heads, of which 30,000 heads are intended for fattening sites and 90,000 heads for product manufacturers.

The limits for fattening sites do not exceed 4,000 heads per site for bulls and 1,000 heads per site for sheep, and for each product manufacturer, no more than 500 heads for both types of livestock. The distribution of quotas is carried out automatically when issuing a license for the export of certain types of goods through the portal.

The public service "Conclusion of an Additional Agreement on Amendments to the Subsoil Use Contract" can be obtained according to the approved Rules. The Ministry of Industry and Infrastructure Development provides a public service for amending subsoil use contracts in accordance with established rules.

To obtain this service, the applicant can use the "Minerals.gov.kz" platform for subsoil users or submit an application and relevant documents to the office responsible for providing this service. After submitting the full package of documents, the service provider reviews them within 5 working days and submits them for consideration to the expert commission on subsoil use matters.

The expert commission, in turn, reviews the application and provides its recommendations within 20 working days. Based on the recommendations of the expert commission, the service provider makes a decision on further actions: either refuses to amend the contract or initiates negotiations on amendments considering the commission's recommendations. Negotiations are conducted by the working group of the service provider, the composition of which is approved by the corresponding management.

Changes have been made to the Rules for the organization of construction and permit procedures in the construction industry. In particular, an addition has been made stating that the completion of construction projects (complexes) now also implies the completion of landscaping and greening works on the land plot designated for construction.

When developing reconstruction projects (including renovation and re-planning), except in cases where load-bearing and enclosing structures, engineering systems, and equipment are not affected, it is required to prepare project documentation subject to mandatory expert examination. Construction and installation work for the implementation of the project in these cases begin only after receiving a positive expert conclusion.

Before starting the development of project documentation, the customer conducts a technical examination of the condition and reliability of existing structures, premises, or facilities with the involvement of certified experts. The basic requirements for the public service "Provision of initial materials for the development of construction and reconstruction projects" and the format of the architectural and planning assignment for design have also been updated.

As of February 1, changes have occurred in the procedure for public procurement of engineering and technical services for technical supervision.

Now, if the tender (lot) concerns engineering and technical services for technical supervision and/or project management, companies providing such services must confirm the availability of necessary material and human resources with relevant permits or notifications issued in accordance with the legislation of Kazakhstan on permits and notifications. Information and documents confirming the potential supplier's work experience must be uploaded to the electronic depository of the authorized body and its territorial subdivisions after verifying their authenticity.

Applications from potential suppliers to include information and documents in the electronic depository are formed and submitted through the web portal. Applications are reviewed by the state body within 10 working days. For participation in public procurement of engineering and technical services for technical supervision, potential suppliers automatically generate an application on the web portal, taking into account the format-logical control.

If the work experience of the potential supplier in engineering and technical services for technical supervision, as well as information and documents about it, are already in the electronic depository and have the status "Confirmed", then the web portal automatically takes into account this experience, and it is not subject to appeal in accordance with Article 47 of the Law.
Additionally, the following have been updated:

• The list of goods, works, and services for which the authorized body determines the method of public procurement. This list includes software, construction and installation works, design, development of project cost and technical documentation, as well as engineering and technical services for technical supervision and project management.
• The list of goods, works, and services for which public procurement is carried out through a competition using a rating-score system. This list includes construction and installation works, design, and engineering and technical services for technical supervision and project management.
• Works on the maintenance of adjacent territories will no longer be divided into lots within the framework of public procurement. This is because these works are complex and their division into lots is impractical.

The procedure for monitoring prices in commodity markets to detect violations in the field of competition will be carried out in accordance with new rules.

This monitoring includes the following stages:

1. Selection of commodity markets.
2. Collection and analysis of information on prices for goods in the selected markets.
3. Analysis of the current price situation to identify possible violations of antimonopoly legislation.
4. Preparation of an analytical report.

The selection of markets for monitoring is carried out based on the following priority criteria:

• Instructions from the Administration of the President, the Government (by agreement).
• Information received from state bodies about price increases for the reporting period and other data.
• Appeals from individuals and legal entities indicating price increases.
• Media reports on price increases for goods received by antimonopoly authorities and other information sources.

Monitoring is carried out within 3 months.

Based on the analysis of the price situation, an analytical report is prepared, indicating the price dynamics across the country and/or in each region, as well as information on the presence or absence of signs of violation of antimonopoly legislation.

In case of violations, antimonopoly measures are taken in accordance with the legislation.