Law-making Practice

  • "Responsive" and "understanding the legislative drafting process very well", with the services and results being "extremely good", - Asia Law Profiles
  • We were involved in the drafting of dozens of fundamental laws, including those which were drafted on assignments from the World Bank and European Bank for Reconstruction and Development.
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Law-making Practice

Over twenty years of legal practice in various areas of law we got convinced that we would never excel above our peers if we did not take part in the improvement of the national legal framework.  Kazakhstan is a relatively young state where the regulatory framework is still in the process of formation and on-going improvement.  Our clients, no less than ourselves, feel the urge for development of new laws and regulations.  In some cases it is dictated by the need to implement new investment projects and in other cases – by the purposeful promotion of legislative reforms aimed at harmonization of Kazakhstan law with generally accepted international standards.

The World Bank Group and the European Bank for Reconstruction and Development – who actively promote reforms in the Republic of Kazakhstan – hold a special place among our clients.  SZP Partner Arman Berdalin is a member of the Interdepartmental Commission for Legislative Drafting of the Kazakhstan Government.  This way we ensure our participation in all meetings of this principal advisory/consultative body devoted to law-making issues.

The point is that the activity associated with the development of new legislative acts and support through their adoption process is very specific and, therefore, requires lawyers who are narrowly focused on certain aspects of law, rather than ordinary lawyers.  Law-making requires particular forms of knowledge, practice and mentality.  We enjoyed the privilege of being engaged on enormous number of important legislative and regulatory drafting projects in various areas of concern.

All projects were entirely different in nature; however, most of them required comprehensive support starting from the development of a legislative act concept to the legal support through the process of the act adoption by the competent authority (e.g. Parliament, Government or a ministry).  We participated in the drafting of 29 laws and over 150 regulations of the Government and ministries, in total.  In particular cases we provided legal support on an
on-demand basis only at certain stages, for example, initial drafting of a law or assistance with negotiation of a draft law with the Parliament.




Services

  • Reviewing a pending regulatory legal act focusing on the task formulated by a Client.
  • Developing a concept for a new regulatory act.
  • Participating in the process of a law concept negotiation, expert examination and approval by the Interdepartmental Commission for Legislative Drafting.
  • Working on inclusion of a draft law in the Government’s law drafting schedule.
  • Writing a new draft law or regulatory act.
  • Preparing comparative tables in the process of law/regulatory act drafting tracking changes against the previous versions thereof.
  • Supporting a wide array of procedures connected with the negotiation of a new law/ regulatory act with competent authorities, expert boards and Atameken National Chamber of Businessmen, the assessment of regulatory impact, the consideration of a new law/regulatory act by the Republican Budget Commission, and the conduction of legal expertise thereof.
  • Arranging for public hearings on a draft law/regulatory act.
  • Supporting the procedure for negotiation of a new law/regulatory act with the Kazakhstan Prime Minister Secretariat.
  • Supporting the procedure for consideration of a draft law/regulatory act by the Kazakhstan Parliament.
  • Developing new regulatory legal acts on the implementation of newly adopted laws, and supporting all related procedures.

Experience

Please see below details of our team participation in law-making:

  • Kazakhstan Law On Amendment of Certain Legislative Acts of the Republic of Kazakhstan Concerning the Transition to a Green Economy of 28 April 2016.

  • Kazakhstan Law On Permits and Notices of 16 May 2014.

  • Kazakhstan Law On Amendment of Certain Legislative Acts of the Republic of Kazakhstan Concerning Forestry, Wildlife and Conservation Areas No. 548-IV of 25 January 2012. 

  • Kazakhstan Law On Amendment of Certain Legislative Acts of the Republic of Kazakhstan Concerning Corporate Dispute Resolution No. 58-IV  of 5 July 2008.

  • Kazakhstan Law On Licensing No. 214-III of 11 January 2007.

  • Kazakhstan Law On Public Procurement No. 303-III of 21 July 2007.

  • Kazakhstan Law On Food Safety No. 301-III of 21 July 2007.

  • Kazakhstan Law On Amendment of Certain Legislative Acts of the Republic of Kazakhstan Concerning the Development of Cotton Industry No. 299-III of 21 July 2007.

  • Kazakhstan Law On the Development of Cotton Industry No. 298-III of 21 July 2007.

  • Kazakhstan Law On Private Enterprise No. 124-III of 31 January 2006.

  • Kazakhstan Law On Amendment of Certain Legislative Acts of the Republic of Kazakhstan ConcerningDelineation of Powers Among the State Administration Levels No. 116-III of 10 January 2006.

  • Kazakhstan Law On Government Regulation of Agribusiness and Rural Areas Development No. 66-III of 8 July 2005.

  • Kazakhstan Law On Ratification of the Letter of Intent between the Republic of Kazakhstan and the International Bank for Reconstruction and Development Concerning the Grant for Preparation of the Second Stage of the Post-privatization Agricultural Industry Support Project No. 559-II of 9 June 2004.

  • Kazakhstan Law On Compulsory Insurance in the Plant Industry No. 533-II of 10 March 2004.

  • Kazakhstan Law On Amendment of Certain Legislative Acts of the Republic of Kazakhstan Concerning Financial Leasing No. 532-II of 10 March 2004.

  • Kazakhstan Law On Amendment of the Kazakhstan Law Concerning Grain No. 488-II of 13 October 2003.

Besides, our lawyers took part in the development and approval of the following concept papers:

  • Concept of the draft Kazakhstan Law On Amendment of Certain Legislative Acts of the Republic of Kazakhstan Concerning Corporate Governance in Joint Stock Companies (2016).

  • Concept of the draft Kazakhstan Law On Advocacy and Legal Support(2017).

Awards

"Responsive" and "understanding the legislative drafting process very well", with the services and results being "extremely good"