Юридическая партнерская группа
Foreigners can move to Kazakhstan for several reasons:
From 2023 we are working with colleagues on court proceeding in China.
So it’s important to know that Chinese courts do not tend to impose legal costs on the losing party as in Kazakhstan courts.
It was a surprise for our client (who wasn’t looking for legal assistance in reviewing a contract before this situation happened).
What to do?
If you are interested in getting court fees in the future, it is important to include these provisions in the contract.
A year ago, a client, the owner of a medical clinic, came to me. Everything seemed fine, but when I opened his charter, it spelled out all possible activities.
That is, officially, his clinic could not only treat people but also build houses, rent out machinery, and even engage in fishing.
The authorised capital was also specified with mistakes. In general, the documents were complete chaos.
Even the name of the clinic made it difficult to understand that I was looking at a medical organisation. This is a case where a business was registered hastily, without understanding the nuances.
And then we get many questions:
❓ What tax regime should I apply now?
❓ Which services should I obtain a license for — medical, construction, or all of them at once?
Yes, you can. Moreover, there is a simplified procedure for such cases.
But after obtaining a passport of Kazakhstan, it is necessary to renounce the first citizenship, as dual citizenship is prohibited in Kazakhstan.
Thinking about opening a company in Kazakhstan? Great choice! But there are key nuances to consider to avoid mistakes. Here are the main steps:
✅ Choose the right legal structure – most commonly an LLP (similar to an LLC), but there are other options.
✅ Legal address – mandatory for registration.
✅ Minimum charter capital – from 100 MRP (~$800) for medium and large businesses.
✅ Individual Identification Number (IIN) – required for company registration.
✅ Tax regime – choose the optimal taxation system to avoid overpayments.
These are general points, as some business types may require licenses, permits etc. For all inquiries about starting a business in Kazakhstan, fill the form on our website below.
The tax office considered that the price of the goods had been understated.
The problem was that the contract itself did not specify either the price or the characteristics of the goods, including the mark and model.
The client purchased everything through an agent and does not even know in which factory the goods were manufactured.
How can I prove the real price if it is not even in the contract?
I decided to look for the factory and get their price-list.
And then the real quest begins:
Chinese websites are full of hieroglyphics, no translation in English.
Phones with a robot are only in Chinese.
No information, because the client bought through an agent and did not know where the goods were made.
Eventually, with the help of an intermediary, it was possible to collect information. The client’s story ended successfully, the tax authorities responded in time and the client was not obliged to pay 5 000 000 tenge.
Conclusion from this story:
Nowadays, many people go to ChatGPT instead of lawyers for legal advice. After all, it will quickly explain the situation, give you «right» articles, even support you in any dispute. But can it replace a professional lawyer?
I’ve been testing AI, and here’s what I noticed:
ChatGPT is a tool, not a lawyer. And if you are:
Putting your fate in the hands of an AI is very risky.
A lawyer is not just a person who reads laws. He understands its meaning, takes into account the nuances of your situation, analyses court practice for your case and determines the strategy of the case.
Use technology, but don’t replace professionals with it.
Our company legal opinions — analytical documents that help in resolving difficult disputes or in preparing for realization of future projects.
Once we prepared an opinion on a request from an English court. The situation concerned a place where a child could stay during the summer holidays and the possibility that one of the parents might not return the child. Two jurisdictions were considered — Kazakhstan and Kyrgyzstan. The question was about the way in which English court decisions are enforced in these countries.
We analysed a legislation of both countries, international agreements, court practice and, what is especially important, we proposed practical steps that could help both parties to agree and close the matter, because in the conclusion it is important not just to list the rules, but to propose a solution that can be used in life.
Since 2023 we have been involved in a legal dispute in the same jurisdiction, with the final ruling issued in 2025.
The situation was as follows: our client made a payment to a Chinese company for the delivery of electric machines. The machines were never delivered, and the money was not returned.
As the lawyers explained, it’s generally very difficult in China to recover legal fees and state duties from the losing party. On top of that, the defendant disappeared from their registered address and couldn’t be located. Still, despite the risks, we decided to move forward with the lawsuit.
To our surprise, the court ruled in our favor. Not only was the defendant ordered to return the payment with penalties, but the court also required them to cover the state duty and reimburse the client’s legal representation costs.
«Law has a moral nature. A truly legal society and state seeks less regulation and coercion by having the law within itself and being guided by it not by the outer letter, but by virtue of awareness of its inner nature, worthy origin, personal qualities and the inherent standard of human life».
«The people are the source of power and of all the rules for serving them».
«Develop fair courts, strong institutions, civil society, legal culture! Take care of the main wealth and strength of the state — the individual, his rights and freedoms as the main values, treat him as the most valuable resource and human capital. Take care of him, do not allow him to become someone who no longer makes sense to defend his rights, who has nothing to lose, nothing to offer and nowhere to go».
«The legal profession is not just about knowing the law. Knowing the law, its origins, realizing its purpose, you develop the ability to armistice, to create, to negotiate, without being defeated by lawlessness and seeming injustice. A lawyer conquers lawlessness by preserving himself who he is as a person, setting an example of an inner commitment to justice, prudence, reasonableness, the law».
«Ignorance of the law does not exempt from responsibility, but common sense will be more legal.»
«In judicial rulings on issues of guilt and responsibility, it is important to correlate and assess: is the imputed act an offence, a failure to perform due and prescribed behavior or a right and freedom? Only then will the sentence and the judiciary fulfill their purpose, and the court is fair».
Ilyas Adilbayev.