Arbitration as the Method of Settlement of Investment Disputes against the Kyrgyz Republic
AKIpress Analytics section, March 19, 2013

The Kyrgyz Republic has already participated in several arbitration proceedings. Therefore, it might be reasonable to analyze peculiarities of legal regulation of arbitration in the KR, the causes and consequences of arbitration disputes and make relevant conclusions…

What risks foreign investors should take into account while investing into the Kyrgyz mining sector,
The Times of Central Asia, March 1, 2012.

Overview of Anti-Corruption Laws in Kyrgyz Republic,
Comparative Summary of Anti-Corruption Laws in the CIS Economic Region, 2011,
The CIS Leading Council Network.

What a foreigner should know about tax regime in the Kyrgyz Republic?
The Times of Central Asia, publication expected.

Kyrgyzstan is not an offshore zone and does not provide tax exemptions, but the rates of many of them are not very high.

03 December 2014

Kalikova & Associates lawyers jointly with the Association of civil aviation enterprises of Kyrgyz Republic and Civil Aviation Agency of Kyrgyz Republic under the Ministry of transport and communication of Kyrgyz Republic with the support of USAID REFORMA project participate in the process of development of draft new Air Code of the Kyrgyz Republic

On June 30, 2014 was establish a working group for development of draft Air code consisting of representatives of Agency, air operators and lawyers of Kalikova & Associates. The working group started the work based on the draft Air Code developed by international expert, a representative of consulting company Integra, Mr. Karsten Theil.

As a result of work on November 24, 2014 has been approved and passed to the Agency the final version of draft Air Code for further distribution and organization of public discussion with all interested persons, entities and state authorities.

03 November 2014

As part of its initiative to support the development of the new generation of legal professionals Kalikova & Associates announces its annual scholarship program among students of law schools. The Firm offers scholarships of 10,000 soms to the 3 finalists of the program and an opportunity to undergo up to 3 months of internship at Kalikova & Associates.

More information about the program you may find by the following link.

31 October 2014

On October 31, 2014, the Government of the Kyrgyz Republic in association with the Arab Coordination Group held the roundtable for the Arab development funds to present 23 energy, transport & communications, health, education, agriculture and melioration investment projects worth USD 1.131 billion.

The head of the Kyrgyz Government noted that "The proposed projects are considered as top priority in Kyrgyzstan which undergoes transition and is interested in developing technical cooperation and sharing experience and knowledge with the members of the Arab Coordination Group."

The Arab Coordination Group delegation comprised representatives of the Islamic Development Bank, the Saudi Fund for Development, the OPEC Fund for International Development, the Abu Dhabi Fund for Development, the Qatar Development Fund and the Kuwait Fund for Arab Economic Development.

Kalikova & Associates was represented by Ulan Tilenbaev, Managing Partner.

28 October 2014

Kalikova & Associates representatives, Nurbek Sabirov and Ermek Mamaev, participated in a two day Training Program “International Practices of Arbitration and Dispute Resolution. The Role of the Investment Treaties”, during which the issues of international law, common practice of arbitration and disputes settlement with investors, investments treaties to which the Kyrgyz Republic is a party, etc. were addressed.

The Training Program was delivered by the Columbia Center on Sustainable Investment (CCSI), Jones Day Law Firm with the support of the GIZ Mineral Resources for Development Program.

23 October 2014

On October 23, 2014, Kyrgyz Parliament passed an act introducing amendments to the Investment Act, Tax Code, Non-tax Payments Act, and Social Security Tariffs Act. The proposed amendments define the meaning and scope of application of the stabilization regime.

Stabilization regime means that in the event of making changes or additions to the investment, tax, customs, or non-tax payments legislation within 10 years from the date of signing the stabilization agreement with the Government, the investor shall have the right to choose the most favorable legal regime for payment of taxes, including the value added tax, but excluding other indirect taxes, non-tax payments (except the fees charged for public services) and customs payments (except customs charges). The investor may exercise the right to claim stabilization of the legal regime in the following cases:

а) if it invests within 3 years from the date of signing the stabilization agreement in the charter capital of the investee enterprise by increasing the number of outstanding shares by the amount denominated in Kyrgyz soms and equivalent to not less than USD 5 million at the NBKR rate as of the date of signing the stabilization agreement and in the investee enterprise itself;

b) if it invests during its mineral exploration, prospecting, search, or mining operations, within 5 years from the date of signing the stabilization agreement, in the capital of the investee enterprise, including the charter capital of the investee enterprise, by increasing the number of outstanding shares or by increasing the charter capital by the amount denominated in Kyrgyz soms and equivalent to at least USD 20 million at the NBKR rate as of the date of signing the stabilization agreement and in the investee enterprise itself.

The above amendments were drafted with the active participation of Kalikova & Associates and Kyrgyz Ministry of Economy staff.

20 October 2014

Employment law Guide has been developed by the lawyers of Kalikova & Associates in co-authorship with Vyacheslav.Georgievich.Breivo. The guide provides basic information on key legal issues commonly facing employers and employees in the course of employment such as hiring, work and rest time, salary, termination of employment, etc.

It is planned that the information will be updated if and when Kyrgyz labor legislation is amended. Due to its limited scope the Guide does not contain the detailed or complete information and does not substitute the Labor Code of the Kyrgyz Republic.

03 October 2014

Kalikova & Associates lawyer Jyldyz Tagaeva participated in the two-day national conference on “Building cooperation and reducing conflicts between stakeholders in the mining industry” held on October 2-3, 2014 in Issyk-Kul. The conference was organized by the State Agency of Geology and Mineral Resources in partnership with the Eurasia Foundation of Central Asia (EFCA) with financial support from the United States Agency for International Development (USAID).

The goal of the conference was to develop ideas to prevent conflicts and strengthen cooperation among public authorities, mining companies and local communities. During the conference participants discussed issues in connection with the use of mineral resources and adopted a resolution with recommendations for public authorities, mining companies and local self-government bodies.

23 September 2014

Kalikova & Associates participates in the development and support of the "Regulatory legal acts on mining sector" section of the miningnews.kg website. This section contains all applicable regulatory and legal acts in the mining sector and draft laws and regulations that are on the public discussion.

21 September 2014

Kalikova & Associates partners Maksim Smirnov and Alexander Ahn participated in the international legal forum, Sochi Legal, held on September 20 and 21, 2014 in Sochi. The forum was hosted by Egorov Puginsky Afanasiev & Partners Law Firm and Advocates Bureau Yug.
The event brought together over 200 delegates from 26 countries including corporate lawyers and top managers of major Russian and international companies. The programme included interactive discussions over corporate and criminal law issues, arbitration cases, taxation, as well as Western sanctions against Russia and trade and investment cooperation with Asian countries. At session on “Common Economic Area: Legal Nuances for Business”, Kalikova & Associates partners gave a presentation on forthcoming Kyrgyzstan’s joining the Customs Union and Common economic area, as well as on investment climate in the Kyrgyz Republic.

19 September 2014

On September 17, 2014, Kalikova and Associates hosted a seminar on legal aspects of management of a sole telecoms operator. The seminar was organized for directors of private TV and radio companies at the proposal of Internews Network. The sole telecoms operator was established in accordance with the Digital Broadcasting Switchover Programme approved by the Government of the Kyrgyz Republic in 2011. The operator is named Digital Technologies LLC and embraces 22 private TV and radio companies.

At the seminar, the following issues were covered: corporate governance based on a balance of interests, various legal aspects and implementation practices that need to be taken into account while developing founding documents, as well as relationships, rights and authorities of stakeholders, etc. Also, policies for attracting investment in the sole telecoms operator were discussed.

 

 

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