Forms and the action of the licenses

1. According to the subjects:
1) issued to physical and legal persons of Republic Kazakhstan;
2) issued to foreigners, to the persons without the citizenship, to foreign legal persons and to international organizations.

2. By the volume of the activity:
1) general - to the occupation by the separate forms of the activities, issued without the limitation of the period of action;
2) single - to the occupation by the specific economic operation in the limits of the permitted period, volume, weight or quantity, and also to the occupation by the forms of activity in the sphere of gambling;
3) operating - to the occupation by separate operations in the bank activity, classes in the insurance activity.

Reorganization of legal entity

Licensing

Legal position of the LLP

Basic principles of the licensing

Article 3. The basic concepts, utilized in the present law

1) job specifications - totality of quantitative and qualitative norms and indices, which characterize the ability of applicant to be occupied by the separate licenser form of activity and (or) of under the guise licensee form of activity;

2) united technological process - totality of the technologically interconnected and sequential actions,carried out in the process of the production within the framework one licensee form of activity;

3) the automatic licensing of the import of separate goods - measure, established for purposes of monitoring by means of the delivery of license;

4) licenser - public organ, which achieves a licensing in accordance with the present law;
5) licensee - physical or legal person, that has license;
6) license - permission, issued by appropriate licenser to physical or legal person to the occupation by the separate form of activity;

7) the licensee form of activity - the form of activity,for the occupation by which is required obtaining license in accordance with the present law;
8) a subtype of the licensee form of activity - the concrete definition of the corresponding form of the activity of within the framework one license;

9) the list of licenses - data base, which contains the information about the given out, redrafted, stopped, renewed and ended action licenses;
10) licensing - complex of the measures, connected with delivery and reshaping of licenses, realization of the control of the licensers on observance by the licensees of the corresponding requirements, stopping and renewal of the action of licenses, deprivation of licenses;

11) license control - activity of licenser, directed toward the guarantee of observance by the licensees of the legislation of Republic Kazakhstan about the licensing;
12) applicant - physical or legal person, that turned into corresponding licenser with the statement about the delivery of license and (or) of application to the license;

12) the authorized body - public organ, which accomplishes development and conducting of state policy and coordinating the activity of other public organs in the region of licensing.

Article 4. Basic principles of the licensing

The delivery of licenses is accomplished on the equal bases and the equal conditions for all persons, who correspond to the requirements, established for this form of activity. The rules of the licensing of the forms of activity and the enumerations of separate goods, export and import.

 

Legal capacity of the legal entities

Legal capacity – the capacity to have civil rights and bear obligations.

Deed capacity - the capacity of a citizen by his deeds to acquire and exercise the civil rights, create for himself civil obligations and fulfill them.

Legal capacity

The capacity to have civil rights and bear obligations shall be recognized for all citizens (Part 1 of Article 13 of the RK Civil Code)

Legal capacity of a citizen shall arise at the moment of his birth and cease with his death (Part 2 of Article 13 of the RK Civil Code)

Principal contents of legal capacity of a citizen (Article 14 of the RK Civil Code)

Ø Capacity to have a title to property, including foreign currency, both within the boundaries of Kazakhstan and outside its borders;

Ø To inherit and to legate property;

Ø To move freely within Kazakhstan and to select the place of residence;

Ø To freely leave Kazakhstan and to come back;

Ø To engage in any activity which is not prohibited by laws;

Ø To create legal entities independently or with other citizens and legal entities;

Ø To commit any transactions which are not prohibited by laws and participate in obligations;

Ø To have the right to intellectual property on the inventions;

Ø To demand compensation for material and moral harm; and

Ø To have other proprietary and personal rights.