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Legal Support for Investment Projects and Investment Incentives in Kazakhstan

We support investors at every stage of their projects: from assessing business conditions and identifying applicable investment incentives to concluding an investment contract with the state and protecting your investment. We work with foreign investors entering the Kazakhstan market as well as with Kazakhstani companies developing new projects.

Our team has participated in drafting laws and regulations governing investment activity. We know not only the letter of Kazakhstan's investment legislation, but also the reasoning behind it — and we apply that insight when structuring our clients' projects.

Situations Where We Step In:

  • An investment project in Kazakhstan is planned — the terms, risks, and applicable preferences need to be assessed
  • The project may qualify for investment incentives, but it is unclear which ones and how to obtain them
  • An application for an investment contract is being prepared — documents and support before government bodies are needed
  • An investment activity asset is being acquired — legal review and risk assessment are required before the deal
  • A foreign investor needs a local partner who understands both Kazakhstani regulation and the expectations of government bodies
  • Disagreements have arisen with government bodies on the terms of the investment contract or the application of incentives

Our Approach:

  • We select preferences for the specific project: we analyze which incentives apply to your industry, region, and investment volume — rather than issuing a generic list;
  • We review the investment asset before the deal: analysis of commercial risks, assessment of tax consequences, and design of an optimal deal structure;
  • We support the application for incentives and preferences from preparing documentation through to the government authority decision;
  • We handle interaction with government bodies — we speak their language because we took part in drafting the rules they apply;
  • We continue support after launch: we monitor compliance with contract terms so that incentives are not withdrawn.

Why Us

We Took Part in Drafting Investment Legislation

Our specialists were involved in drafting regulatory acts on investment activity, including jointly with authorized government bodies. This is first-hand knowledge: we understand how the rules on preferences were designed and how government bodies interpret them.

We protect investors not only on paper: our team has represented major and foreign investors before the Supreme Court of the Republic of Kazakhstan, including setting aside court decisions concerning assets worth more than 2.5 billion ₸.

We assess upfront whether the project can obtain preferences and openly tell the client if it does not meet the criteria — instead of pursuing an application that is bound to fail.

Our Cases.
How we helped our clients
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When court decisions to invalidate transactions do not result in additional assessments
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Brief description of the case:

When a desk audit notification arrives referencing already-issued civil court decisions

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16
VAT with penalties: when businesses can also claim compensation
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Brief description of the case:

Our team represented the interests of a major investor in a case reviewed by the Supreme Court of the Republic of Kazakhstan on the matter of

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01
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16
Successful court practice on VAT refunds: September 2024 results
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Brief description of the case:

In September 2024, we participated in 6 cases in first instance and appellate courts, and in all cases

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01
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16
Cancellation of additional assessments under Notification - 1.5 billion tenge
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Brief description of the case:

Comprehensive support for a client (the world's largest oil service company) during a customs audit by the territorial State Revenue Department

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01
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16
Additional assessment amount of 5.5 billion tenge excluded
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Brief description of the case:

Successfully challenged environmental inspection results regarding waste classification generated at...

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01
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16
Challenged damages for above-standard violations
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Brief description of the case:

Challenged environmental inspection results regarding dust from CHP waste, challenged damages for above-standard violations amounting to 1.2 billion tenge.

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16
Peaceful settlement of dispute within court proceedings
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Brief description of the case:

Peaceful settlement of dispute within court proceedings with tax authority regarding notification recognition

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16
Consulting on transfer pricing matters
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Brief description of the case:

Consulting on transfer pricing matters for transactions totaling $200 million USD.

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01
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16
Theft scheme prevented
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Brief description of the case:

Full legal support for conducting internal investigation into theft incidents at

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01
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16
Court challenge of tax authority's claim
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Brief description of the case:

Court challenge of tax authority's claim to invalidate transactions of a major trading company for procurement and sale of scrap...

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01
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16
Proved unlawfulness of tax authority demands amounting to $6 million
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Brief description of the case:

Successfully appealed tax authority demands against a major oil production company regarding historical compensation fees

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01
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16
Court decisions regarding property worth over 2.5 billion tenge overturned
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Brief description of the case:

Appeal to the Supreme Court of Kazakhstan for a foreign investor against court decisions invalidating a purchase and sale transaction

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01
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16
Customs authority claims of 156 million tenge withdrawn
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Brief description of the case:

Comprehensive audit support (consulting company personnel on audit-related matters, communications with

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01
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16
Notification for 50 million tenge cancelled
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Brief description of the case:

Prepared appeal against notification based on customs audit results and supported it at Customs Committee and State Revenue Department. As a result, cancelled

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01
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16
Additional assessments of 1.6 billion tenge cancelled
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Brief description of the case:

Company support at the Appeal Commission of the Ministry of Finance of Kazakhstan regarding appeal of customs authority actions on additional assessments

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01
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16
Customs value reassessment of 600 million KZT cancelled
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Brief description of the case:

Successful challenge of a customs reassessment of over 600 million KZT for a major retail company over the inclusion of franchise royalty payments in customs value

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When It Is Important to Reach Out

Project structure determines available incentives. Changing it after filing an application or signing a contract is much harder.

  • at the project planning stage — before choosing the legal structure and location region
  • before acquiring an investment activity asset
  • before filing an application for investment preferences
  • upon the first requests or comments from government bodies on the application
  • when there is a risk of non-compliance with investment contract terms — before withdrawal of incentives becomes an issue

Get an Initial Analysis of Your Situation

At a meeting or call, our specialist will:

1

assess which investment preferences your project may qualify for

2

identify key legal and tax risks of the project

3

outline an action plan: structure, documents, timelines, engagement with government bodies

The Key to Success

The key to success is a team that has seen investment regulation from every angle: specialists who took part in drafting investment legislation, worked in industrial holdings, and defended investors in court all the way to the Supreme Court of the Republic of Kazakhstan.

Ruslan Sadrtdinov
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Ruslan Sadrtdinov

Director of Legal Services Department

Ruslan Sadrtdinov

Director of Legal Services Department

Over 11 years of experience. Legal support at ERG and consulting. 

Expertise: resolution of commercial, tax, customs and environmental disputes, corporate and labor law, subsoil use. Participation in legislative working groups.

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Auelbek Zinullin
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Auelbek Zinullin

Legal Services Department Manager

Auelbek Zinullin

Legal Services Department Manager

Experience at Big4, in American Bar Association international projects. Specialization: corporate and contract law, corporate structuring, litigation. Lane Kirkland Program Scholar (University of Wrocław, Poland).

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Yelena Pustovit
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Yelena Pustovit

Legal Practice Manager

Yelena Pustovit

Legal Practice Manager

12 years of experience in the prosecutor's office, including 6 years at the General Prosecutor's Office. 

Specialization: supervision of criminal cases from investigation through trial, including the highest court instance.

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Diyaz Sulaimanov
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Diyaz Sulaimanov

Legal Practice Advisor

Diyaz Sulaimanov

Legal Practice Advisor

10 years of experience, including 5 years of attorney practice. Corporate client support, criminal cases, defense of suspects and victims. International certificates from the European Center for Legal Cooperation, attorney license.

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Гүлзат Арықбаева
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Гүлзат Арықбаева

Старший консультант юридической практики

Гүлзат Арықбаева

Старший консультант юридической практики

Более 11 лет профессионального опыта в сфере юридического сопровождения бизнеса, включая работу в международных компаниях и консалтинге

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Nazmina Sarymullaeva
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Nazmina Sarymullaeva

Senior Legal Practice Consultant

Nazmina Sarymullaeva

Senior Legal Practice Consultant

Supports national holdings and foreign investors in litigation and project implementation in energy and industry sectors. Specializes in civil and administrative law, participated in developing investment legislation with the Ministry of Foreign Affairs of Kazakhstan.

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Emil Salimov
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Emil Salimov

Senior Legal Practice Consultant

Emil Salimov

Senior Legal Practice Consultant

Experience at ALC Attorneys LLP, IUSTUS Chamber of Consultants, Aktau Law Office. Expertise: corporate, labor, contract law, tax disputes.

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