Digest REVERA Kazakhstan
- Further Text to Be Posted on the Site in Addition to the Text Above
- Changes in the Rules for State Registration of Legal Entities From 2025
- Reporting Requirements for Gambling Business Organizers Expanded
- Independent Cassation Courts to Appear in Kazakhstan
Further Text to Be Posted on the Site in Addition to the Text Above
What has changed:
- Liability for involvement in gambling: Involvement in gambling of persons under 21 years of age, persons with restrictions on participation in gambling and betting, as well as debtors included in the Unified Register of Debtors under Executive Documents, entails a fine for individuals in the amount of 200 monthly calculation indices (MCI).
- Liability for admission to gambling: Admission of such persons (under 21 years of age, limited or debtors) to participate in gambling for money, things and other valuables:
- For medium-sized businesses - a fine of 300 MCI.
- For large businesses - a fine of 1000 MCI.
- Repeated violation: In case of repeated commission of these actions within a year after the imposition of an administrative penalty, the suspension of the license of the organizer of the gambling business is provided.
- Risk warnings: Gambling business organizers are required to post warnings about the risks and harms of participating in gambling on casino premises, slot machine halls, bookmakers, and on their own Internet resources. Failure to comply with these requirements entails:
- For medium-sized businesses - a fine of 300 MCI.
- For large businesses - a fine of 1000 MCI with the possibility of suspension of the license.
- Advertising of bookmakers: The following fines have been introduced for the distribution of advertising of bookmakers and sweepstakes that do not meet the requirements of the legislation on advertising:
- For individuals – 60 MCI.
- For officials - 80 MCI.
- For small businesses - 120 MCI.
- For medium-sized businesses - 170 MCI.
- For large businesses - 400 MCI.
Changes in the Rules for State Registration of Legal Entities From 2025
From January 7, 2025, new rules regarding the state registration of legal entities and the registration of their branches and representative offices will come into force in Kazakhstan. The changes were made by order of the Acting Minister of Justice of the Republic of Kazakhstan dated September 26, 2024.
What will change:
- The notification procedure for registration has been canceled. State registration of a legal entity related to small and medium-sized businesses will be carried out by submitting an electronic application. In the case of electronic registration of legal entities, registration will also be carried out on the basis of the submitted application.
- Biometric authentication. When providing a public service in electronic form, it is possible to carry out biometric authentication of the applicant's identity in accordance with the legislation of the Republic of Kazakhstan.
- Registration of a legal entity with foreign participation. For legal entities with foreign participation related to small businesses, it will be necessary to provide a notarized copy of the passport or other identity document of the foreign founder, translated into Kazakh and Russian. It is also necessary to submit a document confirming the right to register a commercial organization in the Republic of Kazakhstan in accordance with the Law "On Migration of the Population".
- The list of documents to be submitted for registration of production and consumer cooperatives, housing and construction cooperatives and associations of property owners has been expanded.
Reporting Requirements for Gambling Business Organizers Expanded
From October 18, 2024, changes made by the order of the Minister of Tourism and Sports of October 1, 2024 regarding the procedure for collecting and analyzing reports provided by gambling business organizers will come into force. These changes significantly expand the list of information that must be provided by gambling organizers.
Now reports must be submitted quarterly, no later than the 10th day of the month following the reporting period, and can be submitted both in paper and electronic form. Reporting has been significantly expanded - previously it consisted of eight items. The new list includes detailed information on the activities of organizers, as well as data that provides more complete control over the operations and activities of the gambling business.
More details about the material can be found on our website.
Basic information to be reported:
- Business Identification Number (BIN) of the organizer of the gambling business.
- Name of the organizer and type of his activity.
- Legal address and number of employees at the beginning and end of the reporting period.
- The number of participants in gambling or betting (residents and non-residents) at the beginning and end of the reporting period.
- Number of refusals to establish business relations with participants on the basis of anti-money laundering and countering the financing of terrorism legislation.
- The number of visits to gambling establishments by the same participants (less than 10, more than 10, more than 50 visits).
- The amount of license fees paid and the collateral for each license in the form of mandatory reserves.
- The total amount of winnings paid out and the amount of bets made during the reporting period.
- Information on the technical condition and quantity of gambling equipment, including its serial or inventory numbers and the name of the manufacturer.
- Data on video recording systems, including test dates and asset numbers.
- Information about cash registers, including their location and registration with the state revenue authorities.
- Changes to the number of tables or equipment, including their serial numbers.
- Information about the beneficial owners, founders and managers of the gambling business.
Independent Cassation Courts to Appear in Kazakhstan
From July 1, 2025, new courts of cassation will begin to function in Kazakhstan, and this significant change is associated with the reform of the judicial system, which is aimed at improving the procedure for cassation proceedings.
With the introduction of cassation courts, the role of the Supreme Court will change significantly, which will no longer be engaged in the administration of justice, but will focus on the generalization of judicial practice and compliance with the law. In turn, local and cassation courts will be directly involved in the consideration of cases.
In addition, the law excludes the stage of preliminary consideration of cassation appeals in civil and criminal cases. Thus, citizens will be able to file cassation appeals directly, bypassing petitions for the review of judicial acts. Uniform rules for cassation review are also introduced for all types of proceedings.
As for administrative cases, judicial acts on them will come into force after an appeal. Moreover, extraterritorial jurisdiction at the choice of the plaintiff is introduced, which is expected to avoid corruption risks and increase confidence in the judicial system.
Author: Tashkarayev Zhanture
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