Doing Business 2016 Kazakhstan 100769 Economy Profile 2016 Kazakhstan Doing Business 2016 Kazakhstan 2 © 2016 The International Bank for Reconstruction and Development / The World Bank 1818 H Street NW, Washington, DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org Some rights reserved 1 2 3 4 18 17 16 15 This work is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Nothing herein shall constitute or be considered to be a limitation upon or waiver of the privileges and immunities of The World Bank, all of which are specifically reserved. This work is available under the Creative Commons Attribution 33.0 IGO license (CC BY 3.0 IGO). http://creativecommons.org/licenses/by/3.0/igo. Under the Creative Commons Attribution license, you are free to copy, distribute, transmit, and adapt this work, including for commercial purposes, under the following conditions: Attribution—Please cite the work as follows: World Bank. 2016. Doing Business 2016: Measuring Regulatory Quality and Efficiency. Washington, DC: World Bank Group. DOI: 10.1596/978-1-4648-0667-4. License: Creative Commons Attribution CC BY 3.0 IGO Translations—If you create a translation of this work, please add the following disclaimer along with the attribution: This translation was not created by The World Bank and should not be considered an official World Bank translation. The World Bank shall not be liable for any content or error in this translation. Adaptations—If you create an adaptation of this work, please add the following disclaimer along with the attribution: This is an adaptation of an original work by The World Bank. Views and opinions expressed in the adaptation are the sole responsibility of the author or authors of the adaptation and are not endorsed by The World Bank. Third-party content—The World Bank does not necessarily own each component of the content contained within the work. The World Bank therefore does not warrant that the use of any third-party- owned individual component or part contained in the work will not infringe on the rights of those third parties. The risk of claims resulting from such infringement rests solely with you. If you wish to re-use a component of the work, it is your responsibility to determine whether permission is needed for that re-use and to obtain permission from the copyright owner. Examples of components can include, but are not limited to, tables, figures or images. All queries on rights and licenses should be addressed to the Publishing and Knowledge Division, The World Bank, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2625; e-mail: pubrights@worldbank.org. ISBN (paper): 978-1-4648-0667-4 ISBN (electronic): 978-1-4648-0668-1 DOI: 10.1596/978-1-4648-0667-4 ISSN: 1729-2638 Cover design: Corporate Visions, Inc. Doing Business 2016 Kazakhstan 3 CONTENTS Introduction .................................................................................................................................. 4 Starting a business ..................................................................................................................... 16 Dealing with construction permits ........................................................................................... 23 Getting electricity ....................................................................................................................... 39 Registering property .................................................................................................................. 48 Getting credit .............................................................................................................................. 59 Protecting minority investors ................................................................................................... 65 Paying taxes ................................................................................................................................ 72 Trading across borders .............................................................................................................. 77 Enforcing contracts .................................................................................................................... 84 Resolving insolvency .................................................................................................................. 92 Labor market regulation ......................................................................................................... 100 Distance to frontier and ease of doing business ranking .................................................... 106 Resources on the Doing Business website ............................................................................ 110 Doing Business 2016 Kazakhstan 4 INTRODUCTION Doing Business sheds light on how easy or difficult it is also provides data for other selected economies for a local entrepreneur to open and run a small to (comparator economies) for each indicator. The data in medium-size business when complying with relevant this report are current as of June 1, 2015 (except for the regulations. It measures and tracks changes in paying taxes indicators, which cover the period January– regulations affecting 11 areas in the life cycle of a December 2014). business: starting a business, dealing with construction The Doing Business methodology has limitations. Other permits, getting electricity, registering property, getting areas important to business—such as an economy’s credit, protecting minority investors, paying taxes, proximity to large markets, the quality of its trading across borders, enforcing contracts, resolving infrastructure services (other than those related to insolvency and labor market regulation. Doing Business trading across borders and getting electricity), the 2016 presents the data for the labor market regulation security of property from theft and looting, the indicators in an annex. The report does not present transparency of government procurement, rankings of economies on labor market regulation macroeconomic conditions or the underlying strength of indicators or include the topic in the aggregate distance institutions—are not directly studied by Doing Business. to frontier score or ranking on the ease of doing The indicators refer to a specific type of business, business. generally a local limited liability company operating in In a series of annual reports Doing Business presents the largest business city. Because standard assumptions quantitative indicators on business regulations and the are used in the data collection, comparisons and protection of property rights that can be compared benchmarks are valid across economies. The data not across 189 economies, from Afghanistan to Zimbabwe, only highlight the extent of obstacles to doing business; over time. The data set covers 47 economies in Sub- they also help identify the source of those obstacles, Saharan Africa, 32 in Latin America and the Caribbean, 25 supporting policy makers in designing regulatory reform. in East Asia and the Pacific, 25 in Eastern Europe and More information is available in the full report. Doing Central Asia, 20 in the Middle East and North Africa and Business 2016 presents the indicators, analyzes their 8 in South Asia, as well as 32 OECD high-income relationship with economic outcomes and presents economies. The indicators are used to analyze economic business regulatory reforms. The data, along with outcomes and identify what reforms have worked, where information on ordering Doing Business 2016, are and why. available on the Doing Business website at This economy profile presents the Doing Business http://www.doingbusiness.org. indicators for Kazakhstan. To allow useful comparison, it Doing Business 2016 Kazakhstan 5 CHANGES IN DOING BUSINESS 2016 As part of a two-year update in methodology, Doing The case study underlying the trading across borders Business 2016 expands the focus of five indicator sets indicators has been changed to increase its relevance. (dealing with construction permits, getting electricity, For each economy the export product and partner are registering property, enforcing contracts and labor now determined on the basis of the economy’s market regulation), substantially revises the comparative advantage, the import product is auto parts, methodology for one indicator set (trading across and the import partner is selected on the basis of which borders) and implements small updates to the economy has the highest trade value in that product. The methodology for another (protecting minority investors). indicators continue to measure the time and cost to export and import. The indicators on dealing with construction permits now include an index of the quality of building regulation and Beyond these changes there is one other update in its implementation. The getting electricity indicators now methodology, for the protecting minority investors include a measure of the price of electricity consumption indicators. A few points for the extent of shareholder and an index of the reliability of electricity supply and governance index have been fine-tuned, and the index transparency of tariffs. Starting this year, the registering now also measures aspects of the regulations applicable property indicators include an index of the quality of the to limited companies rather than privately held joint land administration system in each economy in addition stock companies. to the indicators on the number of procedures and the For more details on the changes, see the “What is time and cost to transfer property. And for enforcing changing in Doing Business?” chapter starting on page contracts an index of the quality and efficiency of judicial 27 of the Doing Business 2016 report. For more details processes has been added while the indicator on the on the data and methodology, please see the “Data number of procedures to enforce a contract has been Notes” chapter starting on page 119 of the Doing dropped. Business 2016 report. For more details on the distance to The scope of the labor market regulation indicator set frontier metric, please see the “Distance to frontier and has also been expanded, to include more areas capturing ease of doing business ranking” chapter in this profile. aspects of job quality. The labor market regulation indicators continue to be excluded from the aggregate distance to frontier score and ranking on the ease of doing business. Doing Business 2016 Kazakhstan 6 THE BUSINESS ENVIRONMENT For policy makers trying to improve their economy’s regulatory environment for business, a good place to start ECONOMY OVERVIEW is to find out how it compares with the regulatory environment in other economies. Doing Business provides an aggregate ranking on the ease of doing business Region: Europe & Central Asia based on indicator sets that measure and benchmark regulations applying to domestic small to medium-size Income category: Upper middle income businesses through their life cycle. Economies are ranked from 1 to 189 by the ease of doing business ranking. Population: 17,289,111 Doing Business presents results for 2 aggregate measures: the distance to frontier score and the ease of doing GNI per capita (US$): 11,670 business ranking. The ranking of economies is determined by sorting the aggregate distance to frontier scores, DB2016 rank: 41 rounded to two decimals. An economy’s distance to frontier score is indicated on a scale from 0 to 100, where DB2015 rank: 53* 0 represents the worst performance and 100 the frontier. Change in rank: 12 (See the chapter on the distance to frontier and ease of doing business). DB 2016 DTF: 72.68 The ease of doing business ranking compares economies with one another; the distance to frontier score DB 2015 DTF: 69.34 benchmarks economies with respect to regulatory best practice, showing the absolute distance to the best Change in DTF: 3.34 performance on each Doing Business indicator. When compared across years, the distance to frontier score * DB2015 ranking shown is not last year’s published shows how much the regulatory environment for local ranking but a comparable ranking for DB2015 that entrepreneurs in an economy has changed over time in captures the effects of such factors as data revisions absolute terms, while the ease of doing business ranking and the changes in methodology. See the data notes can show only how much the regulatory environment has starting on page 119 of the Doing Business 2016 changed relative to that in other economies. report for sources and definitions. The 10 topics included in the ranking in Doing Business 2016: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts and resolving insolvency. The labor market regulation indicators are not included in this year’s aggregate ease of doing business ranking, but the data are presented in the economy profile. Doing Business 2016 Kazakhstan THE BUSINESS ENVIRONMENT Figure 1.1 Where economies stand in the global ranking on the ease of doing business Source: Doing Business database. Doing Business 2016 Kazakhstan THE BUSINESS ENVIRONMENT For policy makers, knowing where their economy regional average (figure 1.2). The economy’s rankings stands in the aggregate ranking on the ease of doing (figure 1.3) and distance to frontier scores (figure 1.4) business is useful. Also useful is to know how it ranks on the topics included in the ease of doing business relative to comparator economies and relative to the ranking provide another perspective. Figure 1.2 How Kazakhstan and comparator economies rank on the ease of doing business Note: The rankings are benchmarked to June 2015 and based on the average of each economy’s distance to frontier (DTF) scores for the 10 topics included in this year’s aggregate ranking. The distance to frontier score benchmarks economies with respect to regulatory practice, showing the absolute distance to the best performance in each Doing Business indicator. An economy’s distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the worst performance and 100 the frontier. For the economies for which the data cover 2 cities, scores are a population-weighted average for the 2 cities. Source: Doing Business database. Doing Business 2016 Kazakhstan 9 THE BUSINESS ENVIRONMENT Figure 1.3 Rankings on Doing Business topics - Kazakhstan (Scale: Rank 189 center, Rank 1 outer edge) Figure 1.4 Distance to frontier scores on Doing Business topics - Kazakhstan (Scale: Score 0 center, Score 100 outer edge) Source: Doing Business database. Note: The rankings are benchmarked to June 2015 and based on the average of each economy’s distance to frontier (DTF) scores for the 10 topics included in this year’s aggregate ranking. The distance to frontier score benchmarks economies with respect to regulatory practice, showing the absolute distance to the best performance in each Doing Business indicator. An economy’s distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the worst performance and 100 the frontier. For the economies for which the data cover 2 cities, scores are a population-weighted average for the 2 cities. Doing Business 2016 Kazakhstan 10 THE BUSINESS ENVIRONMENT Just as the overall ranking on the ease of doing business Doing Business introduced the distance to frontier score. tells only part of the story, so do changes in that ranking. This measure shows how far on average an economy is Yearly movements in rankings can provide some indication from the best performance achieved by any economy on of changes in an economy’s regulatory environment for each Doing Business indicator. firms, but they are always relative. Comparing the measure for an economy at 2 points in time Moreover, year-to-year changes in the overall rankings do allows users to assess how much the economy’s regulatory not reflect how the business regulatory environment in an environment as measured by Doing Business has changed economy has changed over time—or how it has changed over time—how far it has moved toward (or away from) in different areas. To aid in assessing such changes, the most efficient practices and strongest regulations in areas covered by Doing Business (figure 1.5). Figure 1.5 How far has Kazakhstan come in the areas measured by Doing Business? Note: The distance to frontier score shows how far on average an economy is from the best performance achieved by any economy on each Doing Business indicator. Starting a business is comparable to 2010. Getting credit, protecting minority investors, paying taxes and resolving insolvency had methodology changes in 2014 and thus are only comparable to 2013. Dealing with construction permits, registering property, trading across borders, enforcing contracts and getting electricity had methodology changes in 2015 and thus are only comparable to 2014. The measure is normalized to range between 0 and 100, with 100 representing the best performance (the frontier). See the data notes starting on page 119 of the Doing Business 2016 report for more details on the distance to frontier score. Source: Doing Business database. Doing Business 2016 Kazakhstan 11 THE BUSINESS ENVIRONMENT The absolute values of the indicators tell another part of regulation—such as a regulatory process that can be the story (table 1.1). The indicators, on their own or in completed with a small number of procedures in a few comparison with the indicators of a good practice days and at a low cost. Comparison of the economy’s economy or those of comparator economies in the indicators today with those in the previous year may region, may reveal bottlenecks reflected in large numbers show where substantial bottlenecks persist—and where of procedures, long delays or high costs. Or they may they are diminishing. reveal unexpected strengths in an area of business Table 1.1 Summary of Doing Business indicators for Kazakhstan Kyrgyz Republic DB2016 Best performer globally Kazakhstan DB2016 Kazakhstan DB2015 Russian Federation Tajikistan DB2016 Moldova DB2016 Ukraine DB2016 Belarus DB2016 Indicator DB2016 DB2016 Starting a Business 21 53 12 35 26 41 57 30 New Zealand (1) (rank) Starting a Business (DTF 94.44 90.19 96.32 92.94 94.17 92.35 90.26 93.88 New Zealand (99.96) Score) Procedures (number) 4.0 6.0 3.0 4.0 4.0 4.4 4.0 4.0 New Zealand (1.00)* Time (days) 5.0 10.0 3.0 10.0 4.0 10.5 11.0 7.0 New Zealand (0.50) Cost (% of income per 0.1 0.5 0.9 2.1 4.3 1.1 21.5 0.6 Slovenia (0.00) capita) Paid-in min. capital (% 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 105 Economies (0.00)* of income per capita) Dealing with Construction Permits 92 100 34 20 170 119 152 140 Singapore (1) (rank) Dealing with Construction Permits 68.38 67.27 76.64 79.98 51.59 65.23 57.98 61.36 Singapore (92.97) (DTF Score) Procedures (number) 24.0 25.0 16.0 11.0 27.0 19.0 27.0 10.0 5 Economies (7.00)* Doing Business 2016 Kazakhstan 12 Kyrgyz Republic DB2016 Best performer globally Kazakhstan DB2016 Kazakhstan DB2015 Russian Federation Tajikistan DB2016 Moldova DB2016 Ukraine DB2016 Belarus DB2016 Indicator DB2016 DB2016 Time (days) 154.0 154.0 115.0 142.0 276.0 263.5 242.0 67.0 Singapore (26.00) Cost (% of warehouse 1.4 1.5 0.8 1.9 0.7 1.6 2.2 15.2 Qatar (0.00) value) Building quality control 14.0 14.0 12.0 13.0 10.5 14.0 14.0 8.0 New Zealand (15.00) index (0-15) Getting Electricity 71 68 89 160 104 29 177 137 Korea, Rep. (1) (rank) Getting Electricity (DTF 74.03 73.47 69.08 43.95 64.36 84.22 34.79 54.84 Korea, Rep. (99.88) Score) Procedures (number) 6.0 6.0 7.0 7.0 7.0 3.0 9.0 5.0 14 Economies (3.00)* Time (days) 83.0 88.0 112.0 125.0 113.0 160.5 133.0 263.0 Korea, Rep. (18.00)* Cost (% of income per 51.2 56.6 296.2 891.8 778.3 93.1 878.9 795.3 Japan (0.00) capita) Reliability of supply and transparency of tariff 6.0 6.0 7.0 0.0 6.0 8.0 0.0 5.0 18 Economies (8.00)* index (0-8) Registering Property 19 25 7 6 21 8 102 61 New Zealand (1) (rank) Registering Property 83.17 80.29 90.53 90.59 82.91 90.51 60.78 69.44 New Zealand (94.46) (DTF Score) Procedures (number) 3.0 4.0 2.0 3.0 5.0 3.0 6.0 7.0 4 Economies (1.00)* Time (days) 4.5 11.0 3.0 3.5 5.5 15.0 37.0 23.0 3 Economies (1.00)* Cost (% of property 0.1 0.1 0.0 0.2 0.9 0.2 3.4 2.0 Saudi Arabia (0.00) value) Quality of the land administration index (0- 15.5 15.5 21.5 24.5 22.0 26.0 7.5 15.5 3 Economies (28.50)* 30) Doing Business 2016 Kazakhstan 13 Kyrgyz Republic DB2016 Best performer globally Kazakhstan DB2016 Kazakhstan DB2015 Russian Federation Tajikistan DB2016 Moldova DB2016 Ukraine DB2016 Belarus DB2016 Indicator DB2016 DB2016 Getting Credit (rank) 70 71 109 28 28 42 109 19 New Zealand (1) Getting Credit (DTF 55 50 40 70 70 65 40 75 New Zealand (100) Score) Strength of legal rights 4.0 3.0 2.0 8.0 8.0 6.0 1.0 8.0 3 Economies (12.00)* index (0-12) Depth of credit 7.0 7.0 6.0 6.0 6.0 7.0 7.0 7.0 26 Economies (8.00)* information index (0-8) Credit registry coverage 0.0 0.0 66.9 0.0 0.0 0.0 0.0 0.0 Portugal (100.00) (% of adults) Credit bureau coverage 22 Economies 81.4 51.7 0.0 35.3 10.8 70.2 15.9 36.7 (% of adults) (100.00)* Protecting Minority 25 64 57 36 36 66 29 88 Singapore (1)* Investors (rank) Protecting Minority 66.67 56.67 58.33 63.33 63.33 56.67 65 53.33 Singapore (83.33)* Investors (DTF Score) Strength of minority investor protection 6.7 5.7 5.8 6.3 6.3 5.7 6.5 5.3 3 Economies (8.30)* index (0-10) Extent of conflict of interest regulation 7.7 6.7 5.0 6.7 6.3 5.0 6.7 4.0 Singapore (9.30)* index (0-10) Extent of shareholder governance index (0- 5.7 4.7 6.7 6.0 6.3 6.3 6.3 6.7 4 Economies (8.00)* 10) United Arab Emirates Paying Taxes (rank) 18 17 63 138 78 47 172 107 (1)* Paying Taxes (DTF United Arab Emirates 89.18 89.85 78.74 62.94 76.28 81.6 43.53 70.69 Score) (99.44)* Payments (number per 7.0 6.0 7.0 51.0 21.0 7.0 28.0 5.0 Hong Kong SAR, Doing Business 2016 Kazakhstan 14 Kyrgyz Republic DB2016 Best performer globally Kazakhstan DB2016 Kazakhstan DB2015 Russian Federation Tajikistan DB2016 Moldova DB2016 Ukraine DB2016 Belarus DB2016 Indicator DB2016 DB2016 year) China (3.00)* Time (hours per year) 188.0 188.0 176.0 225.0 186.0 168.0 276.0 350.0 Luxembourg (55.00) Total tax rate (% of 29.2 28.9 51.8 29.0 40.2 47.0 81.8 52.2 Ireland (25.90) profit) Trading Across Borders 122 121 25 83 33 170 132 109 Denmark (1)* (rank) Trading Across Borders 60.39 60.39 94.88 72.25 92.39 37.39 57.05 63.72 Denmark (100)* (DTF Score) Time to export: Border 133 133 5 27 3 96 75 26 15 Economies (0.00)* compliance (hours) Cost to export: Border 574 574 148 485 76 1,125 313 75 18 Economies (0.00)* compliance (USD) Time to export: Documentary 132 132 4 24 48 43 66 96 Jordan (0.00) compliance (hours) Cost to export: Documentary 430 430 87 190 44 500 330 292 20 Economies (0.00)* compliance (USD) Time to import: Border 2 2 1 37 3 96 108 52 19 Economies (0.00)* compliance (hours) Cost to import: Border 0 0 0 512 83 1,125 223 100 28 Economies (0.00)* compliance (USD) Time to import: Documentary 6 6 4 36 2 43 126 168 21 Economies (1.00)* compliance (hours) Cost to import: Documentary 0 0 0 200 41 500 260 292 30 Economies (0.00)* compliance (USD) Enforcing Contracts 9 14 29 137 67 5 54 98 Singapore (1) Doing Business 2016 Kazakhstan 15 Kyrgyz Republic DB2016 Best performer globally Kazakhstan DB2016 Kazakhstan DB2015 Russian Federation Tajikistan DB2016 Moldova DB2016 Ukraine DB2016 Belarus DB2016 Indicator DB2016 DB2016 (rank) Enforcing Contracts 76.62 73.85 70.36 49.49 60.87 78.56 63.49 57.11 Singapore (84.91) (DTF Score) Time (days) 370.0 370.0 275.0 410.0 585.0 307.0 430.0 378.0 Singapore (150.00) Cost (% of claim) 22.0 22.0 23.4 47.0 28.6 16.5 25.5 46.3 Iceland (9.00) Quality of judicial 13.5 12.0 9.0 4.5 9.5 12.5 8.0 8.0 3 Economies (15.50)* processes index (0-18) Resolving Insolvency 47 63 69 126 60 51 147 141 Finland (1) (rank) Resolving Insolvency 58.97 51.45 48.38 34.66 53.85 58.39 29.04 31.05 Finland (93.81) (DTF Score) Recovery rate (cents on 42.8 43.3 37.6 38.3 30.4 41.7 36.5 8.3 Japan (92.90) the dollar) Time (years) 1.5 1.5 3.0 1.5 2.8 2.0 1.7 2.9 Ireland (0.40) Cost (% of estate) 15.0 15.0 22.0 15.0 15.0 9.0 9.0 42.0 Norway (1.00) Outcome (0 as piecemeal sale and 1 as 0 0 1 0 0 0 0 0 going concern) Strength of insolvency 11.5 9.0 9.0 4.5 12.0 11.5 3.0 8.5 4 Economies (15.00)* framework index (0-16) Source: Doing Business database. Note: DB2015 rankings shown are not last year’s published rankings but comparable rankings for DB2015 that capture the effects of such factors as data revisions and changes to the methodology. The global best performer on time for paying taxes is defined as the lowest time recorded among all economies in the DB2016 sample that levy the 3 major taxes: profit tax, labor taxes and mandatory contributions, and VAT or sales tax. If an economy has no laws or regulations covering a specific area—for example, insolvency—it receives a “no practice” mark. Similarly, an economy receives a “no practice” mark if regulation exists but is never used in practice or if a competing regulation prohibits such practice. Either way, a “no practice” mark puts the economy at the bottom of the ranking on the relevant indicator. * Two or more economies share the top ranking on this indicator. A number shown in place of an economy’s name indicates the number of economies that share the top ranking on the indicator. For a list of these economies, see the Doing Business website (http://www.doingbusiness.org). Doing Business 2016 Kazakhstan 16 STARTING A BUSINESS Formal registration of companies has many WHAT THE STARTING A BUSINESS immediate benefits for the companies and for business owners and employees. Legal entities can INDICATORS MEASURE outlive their founders. Resources are pooled as several shareholders join forces to start a company. Procedures to legally start and operate a Formally registered companies have access to company (number) services and institutions from courts to banks as well Preregistration (for example, name as to new markets. And their employees can benefit verification or reservation, notarization) from protections provided by the law. An additional benefit comes with limited liability companies. These Registration in the economy’s largest limit the financial liability of company owners to their business city 1 investments, so personal assets of the owners are not Postregistration (for example, social security put at risk. Where governments make registration registration, company seal) easy, more entrepreneurs start businesses in the formal sector, creating more good jobs and Time required to complete each procedure generating more revenue for the government. (calendar days) What do the indicators cover? Does not include time spent gathering information Doing Business records all procedures officially required, or commonly done in practice, for an Each procedure starts on a separate day (2 entrepreneur to start up and formally operate an procedures cannot start on the same day). industrial or commercial business, as well as the time Procedures that can be fully completed and cost to complete these procedures and the paid- online are recorded as ½ day. in minimum capital requirement. These procedures Procedure completed once final document is include obtaining all necessary licenses and permits received and completing any required notifications, verifications or inscriptions for the company and No prior contact with officials employees with relevant authorities. The ranking of Cost required to complete each procedure economies on the ease of starting a business is (% of income per capita) determined by sorting their distance to frontier scores for starting a business. These scores are the Official costs only, no bribes simple average of the distance to frontier scores for No professional fees unless services required each of the component indicators. by law or commonly used in practice To make the data comparable across economies, Paid-in minimum capital (% of income several assumptions about the business and the per capita) procedures are used. It is assumed that any required information is readily available and that the Deposited in a bank or with a notary before entrepreneur will pay no bribes. Assumptions about registration (or within 3 months) the business:  Is a limited liability company (or its legal  Has a start-up capital of 10 times income per equivalent), located in the largest business city capita and a turnover of at least 100 times 1 and is 100% domestically owned with five income per capita. owners, none of whom is a legal entity.  Has a company deed 10 pages long.  Has at least 10 and up to 50 employees, all of  Does not qualify for any special benefits. them domestic nationals.  Leases the commercial plant or offices and is not  Performs general commercial or industrial a proprietor of real estate. activities. 1 For 11 economies the data are also collected for the second largest business city. Doing Business 2016 Kazakhstan 17 STARTING A BUSINESS Where does the economy stand today? What does it take to start a business in Kazakhstan? largest business city of an economy, except for 11 According to data collected by Doing Business, starting a economies for which the data are a population-weighted business there requires 4.00 procedures, takes 5.00 days, average of the 2 largest business cities. See the chapter costs 0.10% of income per capita and requires paid-in on distance to frontier and ease of doing business minimum capital of 0.00% of income per capita (figure ranking at the end of this profile for more details. 2.1). Most indicator sets refer to a case scenario in the Figure 2.1 What it takes to start a business in Kazakhstan Paid-in minimum capital (% of income per capita): 0.00 Source: Doing Business database. Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the total time calculation. For more information on the methodology of the starting a business indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Doing Business 2016 Kazakhstan 18 STARTING A BUSINESS Globally, Kazakhstan stands at 21 in the ranking of 189 average ranking provide other useful information for economies on the ease of starting a business (figure 2.2). assessing how easy it is for an entrepreneur in The rankings for comparator economies and the regional Kazakhstan to start a business. Figure 2.2 How Kazakhstan and comparator economies rank on the ease of starting a business Source: Doing Business database. Doing Business 2016 Kazakhstan 19 STARTING A BUSINESS Economies around the world have taken steps making it they often are part of a larger regulatory reform easier to start a business—streamlining procedures by program. Among the benefits have been greater firm setting up a one-stop shop, making procedures simpler satisfaction and savings and more registered businesses, or faster by introducing technology and reducing or financial resources and job opportunities. eliminating minimum capital requirements. Many have What business registration reforms has Doing Business undertaken business registration reforms in stages—and recorded in Kazakhstan (table 2.1)? Table 2.1 How has Kazakhstan made starting a business easier—or not? By Doing Business report year from DB2011 to DB2016 DB year Reform Kazakhstan eased business start-up by reducing the minimum capital requirement to 100 tenge ($0.70) and eliminating the DB2011 need to have the memorandum of association and company charter notarized. Kazakhstan made starting a business easier by eliminating the DB2013 requirement to pay in minimum capital within 3 months after incorporation. Kazakhstan made starting a business easier by reducing the DB2014 time it takes to register a company at the Public Registration Center. Kazakhstan made starting a business simpler by eliminating registration fees for small and medium-size firms, shortening DB2016 registration times and eliminating the legal requirement to use a company seal. Source: Doing Business database. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Doing Business 2016 Kazakhstan 20 STARTING A BUSINESS What are the details? Underlying the indicators shown in this chapter for STANDARDIZED COMPANY Kazakhstan is a set of specific procedures—the bureaucratic and legal steps that an entrepreneur must complete to incorporate and register a new Legal form: Private Limited Liability Company firm. These are identified by Doing Business through collaboration with relevant local professionals and Paid-in minimum capital requirement: KZT 0 the study of laws, regulations and publicly available City: Almaty information on business entry in that economy. Following is a detailed summary of those procedures, Start-up Capital: 10 times GNI per capita along with the associated time and cost. These procedures are those that apply to a company matching the standard assumptions (the “standardized company”) used by Doing Business in collecting the data (see the section in this chapter on what the indicators measure). Table 2.2 Summary of time, cost and procedures for starting a business in Kazakhstan Time to No. Procedure Cost to complete complete State registration of legal entity (online or in person), obtaining of a digital signature and tax registration at the Public Registration Center Registration of medium-sized and large-sized business entities is performed based on a “one-stop-shop” principle: all the registration documents should be submitted to one state authority, the Public/Population Service Centers: The relevant justice authority shall issue a certificate of state registration of a company not later than 1 day following the day of submission. If documents are filed online via electronic government portal the state registration shall be performed within 1 hour from the moment of documents submission. SMEs are exempted from payment of a 1 registration fee as of January 1, 2015. 2 days no charge The list of the required documents includes the following: 1) a notification on commencement of entrepreneurial activity; 2) copies of IDs; and 3) power of attorney (if applicable). At the same time entrepreneurs need to obtain an electronic signature. An electronic signature can be obtained at public registration centers in 2 days’ time. On the second day following the application for an e- signature entrepreneurs need to present themselves at the registration center for the identity check. Doing Business 2016 Kazakhstan 21 Time to No. Procedure Cost to complete complete Agency: Public Registration Center or e-government website Notarize certificate of state registration and other post-registration documents Under the Tax Code of January 1, 2009 Article 536(15), the notary fee for certifying copies of the state registration and other post registration documents shall be 10% of the MCI per page. Each registration document is a two-page document, and the total for one set of certified copies (if the charter had 10 pages) would be 10% of MCI x 16 pages. One set of notarized copies of the registration documents and the 1 day 10% MCI per page 2 charter is usually required to open a bank account. Additional copies would be needed if the company were to apply for work permits to employ expatriates, obtain licenses and other operational permits, or set up subsidiaries or acquire shares or ownership interests in other legal entities. Agency: Notary Open the current account in the bank To open a current account, the founder must provide the bank with the following documents: • Cards with sample signatures and an imprint of the company seal. • Copy of the state registration certificate of legal entity from the registration body of the Ministry of Justice of the Republic of 3 Kazakhstan. 1 day no charge • Copies of identity documents for person(s) listed on the signature card(s) and company founders. • Application for bank account setup (bank-provided form). Agency: Commercial Bank Register for the obligatory insurance of life and health for employees Each employee should have employer-paid insurance according to the Law On Obligatory Insurance of The Liability of the Employer for Life and Health Tort to The Employee in Discharge of Labor and (Official) Duties (February 7, 2005) that became effective on July 1, 2005.The 1 day no charge 4 amount of insurance premium payable by an employer depends on insurance risks and wages. To assess risks, the insurance companies place all insurable personnel into three categories: administrative, operational, and support. Amounts of the insurance premium vary from 0.04% to 9.99%. According to 7 May 2007 amendments to the law on obligatory insurance, an employer is required to get an insurance policy within 10 business days from the date of state registration indicated in Doing Business 2016 Kazakhstan 22 Time to No. Procedure Cost to complete complete the company's Certificate of State Registration Payment of insurance premium (set out in an insurance agreement) is required. 1. The amount of the insurance premium depends on insurance risks and the amount of annual payroll fund and is calculated as the amount of insurance coverage multiplied by an insurance tariff which as set out by the law in the range of 0.12% to 2.96%. 2. Insurable personnel is not divided into three categories (administrative, operational and support) as previously for the purposes of risk assessment. 3. An employer is required to get an insurance policy within the first decade of the month in which the company began operating. Agency: Insurance Company * Takes place simultaneously with another procedure. Source: Doing Business database. Note: Online procedures account for 0.5 days in the total time calculation. Doing Business 2016 Kazakhstan 23 DEALING WITH CONSTRUCTION PERMITS Regulation of construction is critical to protect the WHAT THE DEALING WITH CONSTRUCTION public. But it needs to be efficient, to avoid excessive PERMITS INDICATORS MEASURE constraints on a sector that plays an important part in every economy. Where complying with building regulations is excessively costly in time and money, Procedures to legally build a warehouse many builders opt out. They may pay bribes to pass (number) inspections or simply build illegally, leading to Submitting all relevant documents and hazardous construction that puts public safety at risk. obtaining all necessary clearances, licenses, Where compliance is simple, straightforward and permits and certificates inexpensive, everyone is better off. Submitting all required notifications and What do the indicators cover? receiving all necessary inspections Doing Business records all procedures required for a Obtaining utility connections for water and business in the construction industry to build a sewerage warehouse along with the time and cost to complete Registering and selling the warehouse after its each procedure. In addition, this year Doing Business completion introduces a new measure, the building quality Time required to complete each procedure control index, evaluating the quality of building (calendar days) regulations, the strength of quality control and safety mechanisms, liability and insurance regimes, and Does not include time spent gathering professional certification requirements. information The ranking of economies on the ease of dealing with Each procedure starts on a separate day. Procedures that can be fully completed online construction permits is determined by sorting their are recorded as ½ day distance to frontier scores for dealing with construction permits. These scores are the simple Procedure considered completed once final average of the distance to frontier scores for each of document is received the component indicators. No prior contact with officials To make the data comparable across economies, Cost required to complete each procedure (% several assumptions about the construction of warehouse value) company, the warehouse project and the utility Official costs only, no bribes connections are used. Building quality control index (0-15) Assumptions about the construction company Sum of the scores of six component indices: The construction company (BuildCo): Quality of building regulations (0-2)  Is a limited liability company (or its legal equivalent). Quality control before construction (0-1)  Operates in the economy’s largest business Quality control during construction (0-3) city. For 11 economies the data are also Quality control after construction (0-3) collected for the second largest business Liability and insurance regimes (0-2) city. Professional certifications (0-4)  Is 100% domestically and privately owned.  Has five owners, none of whom is a legal entity.  Is fully licensed and insured to carry out construction projects, such as building warehouses. Doing Business 2016 Kazakhstan 24 The construction company (BuildCo) (continued):  Will be a new construction (there was no previous construction on the land), with no  Has 60 builders and other employees, all of trees, natural water sources, natural reserves them nationals with the technical expertise or historical monuments of any kind on the and professional experience necessary to plot. obtain construction permits and approvals.  Will have complete architectural and  Has at least one employee who is a technical plans prepared by a licensed licensed architect or engineer and architect. If preparation of the plans requires registered with the local association of such steps as obtaining further architects or engineers. BuildCo is not documentation or getting prior approvals assumed to have any other employees who from external agencies, these are counted as are technical or licensed experts, such as procedures. geological or topographical experts.  Will include all technical equipment required  Has paid all taxes and taken out all to be fully operational. necessary insurance applicable to its general business activity (for example,  Will take 30 weeks to construct (excluding all accidental insurance for construction delays due to administrative and regulatory workers and third-person liability). requirements).  Owns the land on which the warehouse will be built and will sell the warehouse upon Assumptions about the utility connections its completion. The water and sewerage connections:  Is valued at 50 times income per capita.  Will be 150 meters (492 feet) from the Assumptions about the warehouse existing water source and sewer tap. If there The warehouse: is no water delivery infrastructure in the economy, a borehole will be dug. If there is  Will be used for general storage activities, no sewerage infrastructure, a septic tank in such as storage of books or stationery. The the smallest size available will be installed or warehouse will not be used for any goods built. requiring special conditions, such as food, chemicals or pharmaceuticals.  Will not require water for fire protection reasons; a fire extinguishing system (dry  Will have two stories, both above ground, system) will be used instead. If a wet fire with a total constructed area of protection system is required by law, it is approximately 1,300.6 square meters assumed that the water demand specified (14,000 square feet). Each floor will be 3 below also covers the water needed for fire meters (9 feet, 10 inches) high. protection.  Will have road access and be located in the  Will have an average water use of 662 liters periurban area of the economy’s largest (175 gallons) a day and an average business city (that is, on the fringes of the wastewater flow of 568 liters (150 gallons) a city but still within its official limits). For 11 day. Will have a peak water use of 1,325 liters economies the data are also collected for (350 gallons) a day and a peak wastewater the second largest business city. flow of 1,136 liters (300 gallons) a day.  Will not be located in a special economic  Will have a constant level of water demand or industrial zone. Will be located on a land and wastewater flow throughout the year. plot of approximately 929 square meters (10,000 square feet) that is 100% owned by  Will be 1 inch in diameter for the water BuildCo and is accurately registered in the connection and 4 inches in diameter for the cadastre and land registry. sewerage connection. Doing Business 2016 Kazakhstan 25 DEALING WITH CONSTRUCTION PERMITS Where does the economy stand today? What does it take to comply with the formalities to build business city of an economy, except for 11 economies for a warehouse in Kazakhstan? According to data collected which the data are a population-weighted average of the by Doing Business, dealing with construction permits 2 largest business cities. See the chapter on distance to there requires 24.00 procedures, takes 154.00 days and frontier and ease of doing business ranking at the end of costs 1.40% of the warehouse value (figure 3.1). Most this profile for more details. indicator sets refer to a case scenario in the largest Figure 3.1 What it takes to comply with formalities to build a warehouse in Kazakhstan Source: Doing Business database. Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the total time calculation. For more information on the methodology of the dealing with construction permits indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. . Doing Business 2016 Kazakhstan 26 DEALING WITH CONSTRUCTION PERMITS Globally, Kazakhstan stands at 92 in the ranking of 189 other useful information for assessing how easy it is for economies on the ease of dealing with construction an entrepreneur in Kazakhstan to legally build a permits (figure 3.2). The rankings for comparator warehouse. economies and the regional average ranking provide Figure 3.2 How Kazakhstan and comparator economies rank on the ease of dealing with construction permits Source: Doing Business database. Doing Business 2016 Kazakhstan 27 DEALING WITH CONSTRUCTION PERMITS Smart regulation ensures that standards are met while an effort to ensure building safety while keeping making compliance easy and accessible to all. Coherent compliance costs reasonable, governments around the and transparent rules, efficient processes and adequate world have worked on consolidating permitting allocation of resources are especially important in sectors requirements. What construction permitting reforms has where safety is at stake. Construction is one of them. In Doing Business recorded in Kazakhstan (table 3.1)? Table 3.1 How has Kazakhstan made dealing with construction permits easier—or not? By Doing Business report year from DB2011 to DB2016 DB year Reform Kazakhstan made dealing with construction permits easier by DB2011 implementing a one-stop shop related to technical conditions for utilities. Kazakhstan made dealing with construction permits easier by DB2016 eliminating the requirement to obtain a topographic survey of the land plot. Source: Doing Business database. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Doing Business 2016 Kazakhstan 28 DEALING WITH CONSTRUCTION PERMITS What are the details? The indicators reported here for Kazakhstan are BUILDING A WAREHOUSE based on a set of specific procedures—the steps that a company must complete to legally build a warehouse—identified by Doing Business through Estimated value of information collected from experts in construction KZT 98,052,009 warehouse : licensing, including architects, civil engineers, construction lawyers, construction firms, utility City : Almaty service providers and public officials who deal with building regulations. These procedures are those that apply to a company and structure matching the The procedures, along with the associated time and cost, standard assumptions used by Doing Business in are summarized below. collecting the data (see the section in this chapter on what the indicators cover). Table 3.2 Summary of time, cost and procedures for dealing with construction permits in Kazakhstan Time to No. Procedure Cost to complete complete Request and obtain land allocation permit from Almaty City Akimat BuildCo applies to the City Akimat to obtain the right on the specified land plot for constructing a warehouse. The Decision gives the right to design the project on the specified land. Government Resolution No. 237 dated 18 February 2012 introduced amendments to the "Rules of issuance of baseline materials and data for designing of constructions". Government 1 Resolution No. 237 came into force on 14 June 2012. According 10 days no charge to the amended Rules, a customer who is willing to construct a building must obtain a decision of Akimat on issuance of a land plot for construction purposes. The amended Rules further provide that the term of consideration of an application to obtain such a decision is stipulated by the Land Code. Agency: Akimat of Almaty City Request and obtain architectural planning assignment (APZ) and technical conditions for utility connections To obtain an architectural-planning assignment, BuildCo must submit a business plan and project feasibility study to the city architecture department. The application must include any plans for construction, a description of the business activities to take place on site, and estimated utility hook-up and consumption 2 requirements. In addition, BuildCo must submit a copy of the 10 days no charge property title along with the plot document, approval of engineering-geological estimation of the plot, and company registration documents. The architectural planning assignment is a permit to develop a building plan/design/project. It includes some provisions and requirements that must be taken into account while developing the project and building. Doing Business 2016 Kazakhstan 29 Time to No. Procedure Cost to complete complete After obtaining the architectural planning assignment, BuildCo should develop a project (design) and must then obtain several agencies' approvals of the project in accordance with the architectural planning assignment and the applicable laws. Each of these agencies reviews the application documents and the project and may physically inspect the land. Government Resolution No. 1452 dated 16 November 2012 amended the "Rules of issuance of baseline materials and data for designing of constructions" approved by the Resolution No. 425 dated 6 May 2008. According to the amended rules, APZ and technical conditions are issued by the structural subdivisions of a relevant Akimat. In order to obtain APZ and Technical Conditions BuildCo will have to submit an application with the structural subdivision of Almaty Akimat which must be accompanied with (i) decision of Almaty Akimat to issue a land plot for construction purposes; (ii) assignment for construction approved by BuildCo. Structural subdivision is required not later than on the next day following receipt of an application to forward the request for Technical Conditions to the appropriate utilities providers. Utilities providers are required to provide the Technical Conditions, or in case of refusal, the motivated explanation of refusal. The term for consideration and issuance of an APZ and Technical Conditions, in this scenario, may not exceed 8 business days. However, in practice, it might take 1 month. Agency: Almaty City Architecture and Town-Planning Department Request and obtain project clearance from the Sanitation and Epidemiological Authority (SES) According to the Law on Radiation Safety of Population N 219-I as of April 23, 1998 and other by-laws, the Sanitation and Epidemiologic Authority (SES) examines construction projects for their compliance with state radiological, sanitary and hygienic regulations. No specific time limit is expressly provided by law 3 for this procedure. In practice it takes about 1 month. The SES 30 days KZT 30,000 will conduct an inspection to undertake a radiological measurement. The approval is obtained after the fee is paid. The fee is based on various factors and is approximately KZT 30,000.00. Agency: Sanitary and Epidemiologic Authority * Request and obtain approval from the local fire department 4 This procedure is regulated by Government Resolution No. 48, as 21 days no charge of January 24, 2005 "On approval of the Rules of obtaining approval on projects standards, regulations and rules established requirements of fire protection on construction objects." Doing Business 2016 Kazakhstan 30 Time to No. Procedure Cost to complete complete The Fire Service Department issues the project clearance to ensure that fire norms have been adequately met in the project design. Comments for revision or endorsement are also issued. There is no time limit stipulated for this procedure and it can take up to 1 month. Any subsequent consideration would take 15 days. Agency: Fire Service Department * Request and obtain environmental expertise of documentation Subjects of environmental expertise are divided into 4 categories depending on the hazard class of the facility to be inspected pursuant to the sanitary classification. The environmental expertise with respect to facilities of the 2nd, 3rd and 4th categories is performed by the Akimats of Almaty City. A warehouse falls under the 4th category. Article 50 of the Environmental Code of the Republic of Kazakhstan was amended by the Law dated 15 July 2011 (entered into force starting from 1 January 2012). This amended Article reduces the initial terms of state ecological expertise ("SEE") to be conducted by the competent authority in two stages: 7 calendar days for preliminary SEE (initial term - 2 25 days no charge 5 weeks), and up to 1 month for the main stage of SEE (initial term - up to 3 months). According to Clause 22.2) of the Rules on SEE conduction, approved by the Order of Minister of Environmental Protection No. 207-P, dated 28 June 2007 (as amended on 3 September 2013), preliminary SEE should be done to check completeness of materials, submitted to experts, and their compliance with the laws and statutory requirements of the Republic of Kazakhstan. After the Preliminary SEE, the documents should be handed over to the SEE. Agency: Environmental Protection Authority * Request and obtain opinion of the seismological agency on the project from the Republican Enterprise Kazakhstan Scientific Institute “Kaz NIISA” The Republican Enterprise Kazakhstan Scientific Institute (Kaz NIISA) carries out the seismological survey required for areas 6 subject to dangerous levels of seismic activity. The only 16 days KZT 10,000 document required is the project design. A specialist makes a field visit, reviews the project design documents, and issues a finding that is attached to the project. The minimum time it takes is 10 days. Agency: Republican Enterprise Kazakhstan Scientific Institute "Kaz Doing Business 2016 Kazakhstan 31 Time to No. Procedure Cost to complete complete NIISA" Request and obtain expert examination of project documentation With limited exceptions provided by law, all projects must undergo expert examination to ascertain if the project conforms to the numerous constructions standards. What may be called state expertise is conducted by Republican State Enterprise "Gosekspertiza" which is authorized by the Government to conduct expertise of state-related projects, projects of high technical complexity, social, transport and recreational infrastructure projects. The projects will be subject to expertise on compliance with regulations on frame stability, frame functioning stability, and labor conditions and protection. In essence, the project is checked against numerous construction standards (SNIPs). Subject to the limited exceptions, the expertise for all other projects may be performed by any duly licensed expert specialist or non-governmental expert organization. 7 15 days KZT 321,248 The cost and time for performance of services by private expert individuals or organizations are not established by law and will be subject to negotiation and the circumstances of each project. The cost estimate is KZT 247.00 / sq. m. x 1300.6 sq. m. = KZT 321,248.00. On October 23, 2009 the Government Resolution No. 1656 established the criteria for determining whether a facility is of high or low technical complexity. According to this regulation, free-standing warehouses which do not require special conditions for the storage of goods are considered to be facilities of low technical complexity. The expert examination of the warehouse construction project should be handled by Gosekspertiza and should not take more than 15 calendar days. Agency: State Examination Committee / Licensed Expert Individual or Organisation Request and obtain project clearance from the local architecture and town-planning authorities Project clearance from the local architecture and town-planning authorities involves verifying the project’s conformity with the architectural-planning assignment and with the set of technical 8 conditions. 30 days no charge The following documents should be submitted: • An application to the Architecture and Town-Planning Department Chief Executive • The architectural-planning assignment • Documentation confirming the title to the land Doing Business 2016 Kazakhstan 32 Time to No. Procedure Cost to complete complete • Topographical survey • Approvals and opinions of the seismological, fire, sanitary-and- epidemiologic, and environmental agencies • Independent or state experts’ examinations; licenses of the developer and the expert organization, and so forth Agency: Almaty City Architecture and Town-Planning Department * Hire construction technology supervision company A licensed construction engineering supervision company or Individual who holds appropriate certificate carries out the technical process of checking the different stages of the building. BuildCo is unlikely to have a license for this area of expertise. Such activities do not replace the inspections mentioned above 1 day USD 5,202 9 but occur in parallel to them. The average price is USD 3 -- 6 dollars per square meter, and may depend on the complexity of construction. Agency: Construction Technology Supervision Company Notify the Architecture and Town-Planning Control Department of Almaty about the start of construction The following documents should be submitted to obtain this permit: • An application form • Land plot permit for construction purposes, approved project with a favorable expert examination • A license to perform architectural activities, town-planning and building activity with a list of building types and assembly jobs • Approved building general plan • Agreement made with the developer to conduct supervision and maintenance of the construction process 10 • A form signed by the general contractor and building owner 1 day no charge • Certificates of “earthquake-proof construction” and “geodesy in construction” (if applicable) The applicable law is the Law on Architectural, City Planning, and Construction Activity in the Republic of Kazakhstan,” Law No. 232-II, dated July 16, 2001. Before starting construction work, the company must notify the proper authorities. Agency: Almaty City Department of Architecture and Town- Planning Control Receive inspection by Sanitary and Epidemiology Service 11 The SES will inspect the site during construction. The inspector 1 day KZT 3,000 issues an inspection report identifying any irregularities and may return to verify that adequate changes have been made. In Doing Business 2016 Kazakhstan 33 Time to No. Procedure Cost to complete complete addition to that, SES will charge KZT 3,000.00 for the radiological measurement. Agency: Sanitary and Epidemiology Service Receive inspection by the Fire Service Department The Fire Service Department may inspect the site once or twice during construction. The inspector issues an inspection report identifying any irregularities and may return to verify that adequate changes have been made. Administrative fines could be imposed if mistakes are found. The applicable law regulating the issue in question is the Law on Architectural, Urban Planning, 12 and Construction Activity in the Republic of Kazakhstan dated 1 day no charge July 16, 2001, the Law on Fire Safety dated November 22, 1996, the Fire Safety Rules (approved by Decree No. 1682 of the Government of the Republic of Kazakhstan dated December 30, 2011), and other normative acts. Agency: Fire Service Department Receive inspection by the Social Protection Authority 13 1 day no charge Agency: Social Protection Authority Receive an inspection by the Almaty City Department of Architecture and Town-Planning Control after foundation works BuildCo may receive inspections from the Almaty City Department on Architecture and Town-Planning Control at various stages of the construction process: laying the foundation, finishing the first floor, roofing, and so forth. The inspector issues an inspection report identifying any irregularities and may return to verify that adequate changes have been made. Administrative 14 fines could be imposed if mistakes are found. The building 1 day no charge control agency does not require prior request of the inspection. The applicable law is the Law of the Republic of Kazakhstan on Architectural, City Planning, and Construction Activity in the Republic of Kazakhstan, Law No. 242-11, dated July 16, 2001. In practice there may be more inspections. Agency: Almaty City Department of Architecture and Town- Planning Control Doing Business 2016 Kazakhstan 34 Time to No. Procedure Cost to complete complete Receive inspection by Almaty City Department of Architecture and Town-Planning Control after floor works 15 1 day no charge Agency: Almaty City Department of Architecture and Town- Planning Control Receive inspection by Almaty City Department of Architecture and Town-Planning Control after roof works 16 1 day no charge Agency: Almaty City Department of Architecture and Town- Planning Control * Receive inspection from water authorities 17 1 day no charge Agency: JSC Vodokanal Connect to water services 18 6 days no charge Agency: JSC Vodokanal Request acceptance of the building from the Acceptance Commission After the Working Commission, the Acceptance Commission will inspect the building. The approval is signed by all members of the Commission: construction authority, city office of the land agency, city department of sanitation, city fire department, state agency for construction control, local water company, local electric company, and Kazakh Telecom. It is then sent to the Akimat for approval. If the building has been built according to the specifications, the inspections take 1 -- 2 days. 19 1 day KZT 34,844 The SES will inspect the building along with other authorities but a separate application must be filed. It may come together with others or on a separate day to undertake a final radiological measurement. The cost for that is KZT 6,000.00. If not followed up on, it may take 1 -- 3 months. The approval from the SES is a prerequisite to obtaining the approval of the Acceptance Commission. Agency: Acceptance Commission Doing Business 2016 Kazakhstan 35 Time to No. Procedure Cost to complete complete Receive inspection by the Acceptance Commission The Acceptance Commission may inspect the building. The approval is signed by all members of the commission and then sent to the Akimat for approval. If the building has been built 1 day no charge 20 according to specifications, the inspection will take 1 -- 2 days. Agency: Acceptance Commission Obtain approval of the Acceptance Commission Once the Act of Acceptance Commission is signed, it must be endorsed by City Akim. 20 days no charge 21 Agency: Acceptance Commission Request a technical passport and receive an inspection The procedure for obtaining a technical passport is specified in the Rules for Carrying Out State Technical Inspections of Immovable Property (Attachment 1 to Order No. 156 of the Ministry of Justice of the Republic of Kazakhstan dated May 6, 2013) ("Rules"). State technical inspections are carried out by the Center for Immovable Property of Almaty City. Application for technical passport is done online through the e- gov website. In order to obtain a technical passport, BuildCo must submit the following documents: 1) application in the form specified in the Rules, where such an application contains the name of the authorized body, the type of the immovable property with its address, and information on a person who files documents on behalf of BuildCo, the name and 1 day KZT 26,800 22 address of BuildCo; 2) title documents (deeds) in respect of the warehouse with the land identification document; 3) a document confirming fee payment for issuance of the technical passport. An inspection is conducted within the period of 20 business days necessary for obtaining a requested technical passport. Generally, a technical inspection consists of primary and subsequent inspections (i.e. land survey and a schematic plan of a land plot, the structure's measurement and a floor plan). Agency: Public Service Center (PSC) or Center for Immovable Property of Alamaty City Doing Business 2016 Kazakhstan 36 Time to No. Procedure Cost to complete complete Obtain a technical passport A technical passport is issued upon the results of technical inspections. If a structure is newly constructed, its technical passport is subject to issuance upon the results of a primary inspection. 23 Since the warehouse is over 1,000 sq.m., its technical passport is 20 days KZT 800 to be issued on the 20th day upon submission of all required documents. Agency: Public Service Center (PSC) or Center for Immovable Property of Alamaty City Register BuildCo's right to the warehouse BuildCo must register the building with the Department of Justice at the place of location of the warehouse. The standard term for the registration in the usual order is 5 business days, and for the accelerated registration -- 2 business days. The registration fees are calculated on the basis of MCI. The registration fee for the registration performed in the usual order is 10 * MCI and for the accelerated registration it is 30 * MCI. 24 The documents to be submitted include an application, legal 2 days KZT 59,460 documents proving ownership, payment receipt, identification or legal entity registration certificate, charter, decision of the Akimat approving the building for use, the act of the state commission on approval for use, and so forth. An officer of the Registration Service Committee accepts the documents and issues a receipt that lists the documents received and indicates the date and time the documents were received. Agency: Registration Service Committee * Takes place simultaneously with another procedure. Source: Doing Business database. Note: Online procedures account for 0.5 days in the total time calculation. Doing Business 2016 Kazakhstan 37 DEALING WITH CONSTRUCTION PERMITS Building Quality Control Index The building quality control index is the sum of the The index ranges from 0 to 15, with higher values scores on the quality of building regulations, quality indicating better quality control and safety mechanisms in control before construction, quality control during the construction permitting system. construction, quality control after construction, The indicator is based on the same case study liability and insurance regimes, and professional assumptions as the measures of efficiency. certifications indices. Table 3.3 Summary of quality control and safety mechanisms in Kazakhstan Answer Score Building quality control index (0-15) 14.00 Quality of building regulations index (0-2) 2.00 In what way are the building regulations (including the building code) or any regulations dealing with construction permits made Available online. 1.0 available? (0-1) List of required Which requirements for obtaining a building permit are clearly documents; Fees to be specified by the building regulations or by any accessible website, 1.0 paid; Required brochure or pamphlet? (0-1) preapprovals. Quality control before construction index (0-1) 1.00 Who is part of the committee or team that reviews and approves Licensed architect; building permit applications in the relevant permit-issuing 1.0 Licensed engineer. agency? (0-1) Quality control during construction index (0-3) 2.00 Inspections by in-house engineer; Inspections What types of inspections (if any) are required by law to be by external engineer or 1.0 carried out during construction? (0-2) firm; Inspections at various phases. Mandatory inspections Do legally mandated inspections occur in practice during are always done in 1.0 construction? (0-1) practice. Quality control after construction index (0-3) 3.00 Yes, final inspection is done by government agency; Yes, in-house Is there a final inspection required by law to verify that the engineer submits building was built in accordance with the approved plans and report for final 2.0 regulations? (0-2) inspection; Yes, external engineer submits report for final inspection. Do legally mandated final inspections occur in practice? (0-1) Final inspection always 1.0 Doing Business 2016 Kazakhstan 38 Answer Score occurs in practice. Liability and insurance regimes index (0-2) 2.00 Architect or engineer; Which parties (if any) are held liable by law for structural flaws or Professional in charge 1.0 problems in the building once it is in use? (0-1) of the supervision; Construction company. Which parties (if any) are required by law to obtain an insurance Insurance is commonly policy to cover possible structural flaws or problems in the 1.0 taken in practice. building once it is in use? (0-1) Professional certifications index (0-4) 4.00 Minimum number of years of experience; What are the qualification requirements for the professional University degree in responsible for verifying that the architectural plans or drawings 2.0 architecture or are in compliance with existing building regulations? (0-2) engineering; Passing a certification exam. Minimum number of years of experience; University degree in What are the qualification requirements for the professional who engineering, 2.0 supervises the construction on the ground? (0-2) construction or construction management; Passing a certification exam. Source: Doing Business database. Doing Business 2016 Kazakhstan 39 GETTING ELECTRICITY Access to reliable and affordable electricity is vital for WHAT THE GETTING ELECTRICITY businesses. To counter weak electricity supply, many firms in developing economies have to rely on self- INDICATORS MEASURE supply, often at a prohibitively high cost. Whether electricity is reliably available or not, the first step for Procedures to obtain an electricity connection a customer is always to gain access by obtaining a (number) connection. Submitting all relevant documents and What do the indicators cover? obtaining all necessary clearances and permits Doing Business records all procedures required for a Completing all required notifications and local business to obtain a permanent electricity receiving all necessary inspections connection and supply for a standardized warehouse, as well as the time and cost to complete them. These Obtaining external installation works and procedures include applications and contracts with possibly purchasing material for these works electricity utilities, clearances from other agencies Concluding any necessary supply contract and and the external and final connection works. In obtaining final supply addition, this year Doing Business adds two new measures: the reliability of supply and transparency Time required to complete each procedure of tariffs index (included in the aggregate distance to (calendar days) frontier score and ranking on the ease of doing Is at least 1 calendar day business) and the price of electricity (omitted from these aggregate measures). The ranking of Each procedure starts on a separate day economies on the ease of getting electricity is Does not include time spent gathering determined by sorting their distance to frontier information scores for getting electricity. These scores are the Reflects the time spent in practice, with little simple average of the distance to frontier scores for follow-up and no prior contact with officials each of the component indicators. To make the data comparable across economies, several assumptions Cost required to complete each procedure (% are used. of income per capita) Assumptions about the warehouse Official costs only, no bribes The warehouse: Excludes value added tax  Is owned by a local entrepreneur. The reliability of supply and transparency of tariffs index  Is located in the economy’s largest business city. For 11 economies the data Sum of the scores of six component indices: are also collected for the second largest Duration and frequency of outages business city. Tools to monitor power outages  Is located in an area where similar warehouses are typically located. In this Tools to restore power supply area a new electricity connection is not Regulatory monitoring of utilities’ performance eligible for a special investment promotion Financial deterrents aimed at limiting outages regime (offering special subsidization or faster service, for example). Transparency and accessibility of tariffs  Is located in an area with no physical Price of electricity (cents per kilowatt-hour)* constraints. For example, the property is Price based on monthly bill for commercial not near a railway. warehouse in case study  Is a new construction and is being *Price of electricity is not included in the calculation of connected to electricity for the first time. distance to frontier nor ease of doing business ranking Doing Business 2016 Kazakhstan 40 Assumptions about the monthly consumption The warehouse (continued):  It is assumed that the warehouse operates 8 hours a day for 30 days a month, with  Has two stories, both above ground, with a equipment utilized at 80% of capacity on total surface area of approximately 1,300.6 average, and that there are no electricity cuts square meters (14,000 square feet). The (assumed for simplicity). The subscribed plot of land on which it is built is 929 capacity of the warehouse is 140 kVA, with a square meters (10,000 square feet). power factor of 1 (1 kVA = 1 kW). The  Is used for storage of goods. monthly energy consumption is therefore 26,880 kWh, and the hourly consumption 112 kWh (26,880 kWh/30 days/8 hours). Assumptions about the electricity connection  If multiple electricity suppliers exist, the The electricity connection: warehouse is served by the cheapest supplier.  Is a permanent one.  Tariffs effective in March of the current year  Is a three-phase, four-wire Y, 140-kilovolt- are used for calculation of the price of ampere (kVA) (subscribed capacity) electricity for the warehouse. connection (where the voltage is 120/208 V, the current would be 400 amperes; where it is 230/400 B, the current would be nearly 200 amperes).  Is 150 meters long. The connection is to either the low-voltage or the medium- voltage distribution network and either overhead or underground, whichever is more common in the area where the warehouse is located.  Requires works that involve the crossing of a 10-meter road (such as by excavation or overhead lines) but are all carried out on public land. There is no crossing of other owners’ private property because the warehouse has access to a road.  Includes only a negligible length in the customer’s private domain.  Will supply monthly electricity consumption of 26,880 kilowatt-hours (kWh).  Does not involve work to install the internal electrical wiring. This has already been completed, up to and including the customer’s service panel or switchboard and installation of the meter base. Doing Business 2016 Kazakhstan 41 GETTING ELECTRICITY Where does the economy stand today? What does it take to obtain a new electricity connection Most indicator sets refer to a case scenario in the largest in Kazakhstan? According to data collected by Doing business city of an economy, except for 11 economies for Business, getting electricity there requires 6.00 which the data are a population-weighted average of the procedures, takes 83.00 days and costs 51.20% of 2 largest business cities. See the chapter on distance to income per capita (figure 4.1). frontier and ease of doing business ranking at the end of this profile for more details. Figure 4.1 What it takes to obtain an electricity connection in Kazakhstan Source: Doing Business database. Note: Time shown in the figure above may not reflect simultaneity of procedures. For more information on the methodology of the getting electricity indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Doing Business 2016 Kazakhstan 42 GETTING ELECTRICITY Globally, Kazakhstan stands at 71 in the ranking of 189 average ranking provide another perspective in assessing economies on the ease of getting electricity (figure 4.2). how easy it is for an entrepreneur in Kazakhstan to The rankings for comparator economies and the regional connect a warehouse to electricity. Figure 4.2 How Kazakhstan and comparator economies rank on the ease of getting electricity Source: Doing Business database. Doing Business 2016 Kazakhstan 43 GETTING ELECTRICITY What are the details? The indicators reported here for Kazakhstan are based OBTAINING AN ELECTRICITY CONNECTION* on a set of specific procedures—the steps that an entrepreneur must complete to get a warehouse connected to electricity by the local distribution utility— Name of utility: Alatau Zharyk identified by Doing Business. Data are collected from the distribution utility, then completed and verified by Price of electricity electricity regulatory agencies and independent (US cents per kWh): 9 professionals such as electrical engineers, electrical contractors and construction companies. The electricity City: Almaty distribution utility surveyed is the one serving the area (or areas) in which warehouses are located. If there is a *Price is calculated as a monthly consumption of 26,880 kWh choice of distribution utilities, the one serving the largest for business customers, based on a standardized case study number of customers is selected. adopted by the getting electricity methodology. Doing Business measures the price of electricity but does not include these The procedures are those that apply to a warehouse and data when calculating the distance to frontier score for getting electricity connection matching the standard electricity or the ranking on the ease of getting electricity. assumptions used by Doing Business in collecting the data (see the section in this chapter on what the indicators cover). The procedures, along with the associated time and cost, are summarized below. Table 4.2 Summary of time, cost and procedures for getting electricity in Kazakhstan Time to No. Procedure Cost to complete complete Submit connection application and await technical conditions The customer submits an application for the electricity connection/technical conditions to Almaty Urban Planning and Architecture Department and awaits issuance of technical conditions. The technical conditions for electricity are received together with technical conditions from other utilities (water, gas, etc.). With the application the customer must submit the following documents: Application for technical conditions, Documents on property rights, 14 calendar days KZT 0 1 identification documents, calculation of the required load, topographic map/survey. The specifications in technical conditions among other things define the capacity of the existing electricity facilities in the geographic location where the customer's warehouse is located and specify which substation or which point in the network is allocated for the customer. Agency: Department of Architecture and Urban Planning Doing Business 2016 Kazakhstan 44 Time to No. Procedure Cost to complete complete Await completion and coordination of project design by private firm and approval of design After the technical conditions are issued the customer hires a private project design company to prepare a project design of the external connection and if not available at this point a topographic plan of the location of the warehouse. The same company on behalf of the 26 calendar days KZT 255,000 2 customer obtains an approval of the project at multiple organizations. The time recorded for this procedure includes time for the preparation of the project and its coordination/approval. Agency: Private electrical design company Obtain excavation permit The excavation permit is obtained by the electrical contractor. 3 7 calendar days KZT 0 Agency: Department of Architectural and Urban Planning Supervision in the city of Almaty and Almaty region Await completion of external works by electrical contractor After the electrical design is prepared specially licensed electrical installation company is hired to complete the external connection works. The meter is installed by the same electrical contractor. After the external connection works are over all the installations and the 4 cable have to be tested. The private company carrying out the external 22 calendar days KZT 750,000 connection works has to issue a certificate of completion of works and clear a number of various technical documents (about 28) with various agencies. Agency: Licensed Electrical Installation Company Await and receive inspection of external works The electrical contractor on behalf of the customer submits a written request for the inspection of the completed external connection works. The works must be approved by an acceptance committee (members of 5 the committee include: Alatau Zharyk, Committee on State Energy 7 calendar days KZT 0 Supervision, Customer, electrical contractor). Agency: Committee on State Energy Supervision Doing Business 2016 Kazakhstan 45 Time to No. Procedure Cost to complete complete Sign supply contract and await the sealing of the meter According to the Law "On Electric Power Industry of the Republic of Kazakhstan" the electricity supply contract is concluded with the supply company "AlmatyEnergoSbyt." After signing the contract, "AlmatyEnergoSbyt" directly notifies the distribution utility "Alatau 6 Zharyk" without interacting with the client. Once Alatau Zharyk receives 7 calendar days KZT 0 an application for sealing the meter, its representative visits the building site within 2 days to seal the meter. Agency: Alatau Zharyk, AlmatyEnergoSbyt * Takes place simultaneously with another procedure. Source: Doing Business database. Doing Business 2016 Kazakhstan 46 GETTING ELECTRICITY Reliability of supply and transparency of tariffs index The reliability of supply and transparency of tariffs Doing Business uses the system average interruption index encompasses quantitative data on the duration duration index (SAIDI) and the system average and frequency of power outages as well as interruption frequency index (SAIFI) to measure the qualitative information on the mechanisms put in duration and frequency of power outages in the largest place by the utility for monitoring power outages business city of each economy (for 11 economies the data and restoring power supply, the reporting are also collected for the second largest business city). relationship between the utility and the regulator for SAIDI is the average total duration of outages over the power outages, the transparency and accessibility of course of a year for each customer served, while SAIFI is tariffs and whether the utility faces a financial the average number of service interruptions experienced deterrent aimed at limiting outages (such as a by a customer in a year. Annual data (covering the requirement to compensate customers or pay fines calendar year) are collected from distribution utility when outages exceed a certain cap). companies and national regulators on SAIDI and SAIFI. Both SAIDI and SAIFI estimates include load shedding. The index ranges from 0 to 8, with higher values indicating greater reliability of electricity supply and greater transparency of tariffs. Table 4.3 Reliability of Supply and Transparency of Tariff Index in Kazakhstan Answer Score Reliability of supply and transparency of tariff index (0-8) 6.00 Total duration and frequency of outages per customer a year (0-3) 2.00 System average interruption duration index (SAIDI) 0.9 System average interruption frequency index (SAIFI) 1.2 Mechanisms for monitoring outages (0-1) 1.0 Does the distribution utility use automated tools to monitor outages? Yes Mechanisms for restoring service (0-1) 1.0 Does the distribution utility use automated tools to restore service? Yes Regulatory monitoring (0-1) 1.00 Does a regulator—that is, an entity separate from the utility—monitor Yes the utility’s performance on reliability of supply? Financial deterrents aimed at limiting outages (0-1) 0.00 Does the utility either pay compensation to customers or face fines by No the regulator (or both) if outages exceed a certain cap? Communication of tariffs and tariff changes (0-1) 1.00 Are effective tariffs available online? Yes Link to the website, if available online http://www.esalm Doing Business 2016 Kazakhstan 47 Answer Score aty.kz/index.php/ ru/rates-and- services/tariff- plans Are customers notified of a change in tariff ahead of the billing cycle? Yes Source: Doing Business database. Note: If data on power outages is not collected or if the SAIFI index or SAIDI index are above the threshold of 100, the economy is not eligible to obtain a score in the Reliability of Supply and Transparency of Tariff Index. If SAIDI and SAIFI are 12 (equivalent to an outage of one hour each month) or below, a score of 1 is assigned. If SAIDI and SAIFI are 4 (equivalent to an outage of one hour each quarter) or below, 1 additional point is assigned. Finally, if SAIDI and SAIFI are 1 (equivalent to an outage of one hour per year) or below, 1 more point is assigned. Doing Business measures the price of electricity but does not include these data when calculating the distance to frontier score for getting electricity or the ranking on the ease of getting electricity. The price of electricity is measured in cents per kilowatt-hour. On the basis of the assumptions about monthly consumption, a monthly bill for a commercial warehouse in the largest business city of the economy is computed for the month of March. As noted, the warehouse uses electricity 30 days a month, from 9:00 a.m. to 5:00 p.m., so different tariff schedules may apply if a time-of-use tariff is available. Doing Business 2016 Kazakhstan 48 REGISTERING PROPERTY Ensuring formal property rights is fundamental. WHAT THE REGISTERING PROPERTY Effective administration of land is part of that. If INDICATORS MEASURE formal property transfer is too costly or complicated, formal titles might go informal again. And where property is informal or poorly Procedures to legally transfer title on administered, it has little chance of being accepted immovable property (number) as collateral for loans—limiting access to finance. Preregistration (for example, checking for liens, notarizing sales agreement, paying property What do the indicators cover? transfer taxes) Doing Business records the full sequence of Registration in the economy’s largest business procedures necessary for a business to purchase city 2 property from another business and transfer the property title to the buyer’s name. The transaction is Postregistration (for example, filing title with the municipality) considered complete when it is opposable to third parties and when the buyer can use the property, Time required to complete each procedure use it as collateral for a bank loan or resell it. In (calendar days) addition, this year Doing Business adds a new Does not include time spent gathering measure to the set of registering property information indicators, an index of the quality of the land administration system in each economy. The Each procedure starts on a separate day. ranking of economies on the ease of registering Procedures that can be fully completed online are recorded as ½ day. property is determined by sorting their distance to frontier scores for registering property. These scores Procedure considered completed once final are the simple average of the distance to frontier document is received scores for each of the component indicators. To No prior contact with officials make the data comparable across economies, several assumptions about the parties to the Cost required to complete each procedure transaction, the property and the procedures are (% of property value) used. Official costs only, no bribes The parties (buyer and seller): No value added or capital gains taxes included  Are limited liability companies, 100% Quality of land administration index (0-30) domestically and privately owned and  Is located in a periurban commercial zone, and perform general commercial activities and no rezoning is required. are located in the economy’s largest business city .  Has no mortgages attached, has been under 2 the same ownership for the past 10 years.  Have 50 employees each, all of whom are nationals.  Consists of 557.4 square meters (6,000 square feet) of land and a 10-year-old, 2-story The property (fully owned by the seller): warehouse of 929 square meters (10,000  Has a value of 50 times income per capita. square feet). The warehouse is in good The sale price equals the value and entire condition and complies with all safety property will be transferred. standards, building codes and legal  Is registered in the land registry or cada- requirements. There is no heating system. stre, or both, and is free of title disputes. 2 For the 11 economies with a population of more than 100 million, data for a second city have been added. Doing Business 2016 Kazakhstan 49 REGISTERING PROPERTY Where does the economy stand today? What does it take to complete a property transfer in Most indicator sets refer to a case scenario in the largest Kazakhstan? According to data collected by Doing business city of an economy, except for 11 economies for Business, registering property there requires 3.00 which the data are a population-weighted average of the procedures, takes 4.50 days and costs 0.10% of the 2 largest business cities. See the chapter on distance to property value (figure 5.1). frontier and ease of doing business ranking at the end of this profile for more details. Figure 5.1 What it takes to register property in Kazakhstan Source: Doing Business database. Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the total time calculation. For more information on the methodology of the registering property indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Doing Business 2016 Kazakhstan 50 REGISTERING PROPERTY Globally, Kazakhstan stands at 19 in the ranking of 189 regional average ranking provide other useful economies on the ease of registering property (figure information for assessing how easy it is for an 5.2). The rankings for comparator economies and the entrepreneur in Kazakhstan to transfer property. Figure 5.2 How Kazakhstan and comparator economies rank on the ease of registering property Source: Doing Business database. Doing Business 2016 Kazakhstan 51 REGISTERING PROPERTY Economies worldwide have been making it easier for the time required substantially—enabling buyers to use entrepreneurs to register and transfer property—such as or mortgage their property earlier. What property by computerizing land registries, introducing time limits registration reforms has Doing Business recorded in for procedures and setting low fixed fees. Many have cut Kazakhstan (table 5.1)? Table 5.1 How has Kazakhstan made registering property easier—or not? By Doing Business report year from DB2011 to DB2016 DB year Reform Kazakhstan made it easier to transfer property by introducing DB2014 a fast-track procedure for property registration. Kazakhstan made registering property easier by introducing DB2015 effective time limits and an expedited procedure. Kazakhstan made transferring property easier by eliminating the requirement to obtain a technical passport for the transfer DB2016 and to have the seller’s and buyer’s incorporation documents notarized. Source: Doing Business database. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Doing Business 2016 Kazakhstan 52 REGISTERING PROPERTY What are the details? The indicators reported here are based on a set of STANDARD PROPERTY TRANSFER specific procedures—the steps that a buyer and seller must complete to transfer the property to the buyer’s name—identified by Doing Business through information collected from local property lawyers, Property value: KZT 98,052,009 notaries and property registries. These procedures are those that apply to a transaction matching the City: Almaty standard assumptions used by Doing Business in collecting the data (see the section in this chapter on what the indicators cover). The procedures, along with the associated time and cost, are summarized below. Table 5.2 Summary of time, cost and procedures for registering property in Kazakhstan Time to No. Procedure Cost to complete complete Obtain a non-encumbrance certificate The Resolution of the Government of the Republic of Kazakhstan "On Approval of Standards of State services" No. 1586 dated 31 December Less than one day 2013 introduced the new Standard of State Service "Issuance of Certificates on Registered Rights (Encumbrances) to Immovable Property (online and its Technical Characteristics". According to the Resolution, the non- procedure) encumbrance certificate is issued via Public/Population Service Centers 2 working days 1 no cost within 2 business days or via the internet portal of "electronic (regular government" at www.e.gov.kz. during 20 minutes upon availability of procedure) information in the state information system. (simultaneous with procedure 1) Agency: Registration Service Committee or Centers for Real Estate or Public/Population Service Centers Notarization of a sale-purchase agreement According to Article 536, paragraph 1 of the Tax Code No.99-IV dated For notarization of December 10, 2008, which came into effect January 1, 2009, if at least sale and purchase one of the parties entering into a sale and purchase agreement is a legal agreement: 1000% entity, notarization of the transaction shall cost one thousand (1,000) of MAI or KZT 19 percent of the monthly calculation index (MCI). 820 is taken as 2 1 day state duty and 7 * The Law of the Republic of Kazakhstan "On National Budget for 2013- MAI or KZT 13 874 2015" No. 54-V dated 23 November 2013 sets out a new monthly is taken as notary assessment index ("MAI") in amount of KZT 1,852 effective from 1 January 2014. The official fee for notarization of disposition of tariff. Total 19 immovable property if at least one of the parties is a legal entity remains 820+13 874= KZT unchanged and still equals to 1000 percent of the MAI. According to the 33 694. Law "On Notariat", the notary fee for the certification of agreement on disposition of immovable property, if one of the parties is a legal entity, Doing Business 2016 Kazakhstan 53 Time to No. Procedure Cost to complete complete amounts to 7 MAIs in urban area and to 2 of MAIs in non-urban area. Agency: Notaries Registration of the title at the Registration Service Committee The Resolution of the Government of the Republic of Kazakhstan "On Approval of Standards of State Services" No. 1586 dated 31 December 2013 introduced the new Standard of State Service "State Registration of Rights (Encumbrances) to Immovable Property". According to the Resolution, the state registration of rights to immovable property is carried out via Public/Population Service Centers or via the internet portal of "electronic government" at www.e.gov.kz. The registration via Public/Population Service Centers is carried out 5 business days KZT 19,820 = 10 during 5 business days (the date of admission of the required documents (regular) and 2 times MAI (regular is not included in the term of the state service). The registration via the business days 3 procedure) or 30 internet portal is carried out during 3 business days after the electronic (expedited) or 3 MAI, i.e. KZT request is submited thereto. business days 59,460 (expedited) (online) The documentation shall include: - A filled in standard application form; - 2 original copies of the notarized sale-purchase agreement; - Non-encumbrance certificate; - Technical passport of the property. Agency: The Registration Service Committee or Centers for Real Estate * Takes place simultaneously with another procedure. Source: Doing Business database. Note: Online procedures account for 0.5 days in the total time calculation. Doing Business 2016 Kazakhstan 54 REGISTERING PROPERTY Quality of land administration The quality of land administration index is the sum of If private sector entities were unable to register property the scores on the reliability of infrastructure, transfers in an economy between June 2014 and June transparency of information, geographic coverage 2015, the economy receives a “no practice” mark on the and land dispute resolution indices. procedures, time and cost indicators. A “no practice” economy receives a score of 0 on the quality of land The index ranges from 0 to 30, with higher values administration index even if its legal framework includes indicating better quality of the land administration provisions related to land administration. system. Table 5.3 Summary of quality of land administration in Kazakhstan Answer Score Quality of the land administration index (0-30) 15.50 Reliability of infrastructure index (0-8) 5.00 Department of What is the institution in charge of immovable property registration? Justice of Almaty city In what format are the majority of title or deed records kept in the Computer/Scann largest business city—in a paper format or in a computerized format 1.0 ed (scanned or fully digital)? Is there an electronic database for checking for encumbrances (liens, Yes 1.0 mortgages, restrictions and the like)? RSE "Research Institution in charge of the plans showing legal boundaries in the and Production largest business city: Center of Land Cadastre" In what format are the majority of maps of land plots kept in the Computer/Scann largest business city—in a paper format or in a computerized format 1.0 ed (scanned or fully digital)? Is there an electronic database for recording boundaries, checking plans and providing cadastral information (geographic information No 0.0 system)? Is the information recorded by the immovable property registration Different agency and the cadastral or mapping agency kept in a single database, databases but 1.0 in different but linked databases or in separate databases? linked Do the immovable property registration agency and cadastral or Yes 1.0 mapping agency use the same identification number for properties? Transparency of information index (0–6) 3.50 Only 0.0 Who is able to obtain information on land ownership at the agency in intermediaries Doing Business 2016 Kazakhstan 55 Answer Score charge of immovable property registration in the largest business city? and interested parties Is the list of documents that are required to complete any type of Yes, online 0.5 property transaction made publicly available–and if so, how? http://online.zako Link for online access: n.kz/Document/? doc_id=30398803 Is the applicable fee schedule for any property transaction at the agency in charge of immovable property registration in the largest Yes, online 0.5 business city made publicly available–and if so, how? Link for online access: www.egov.kz Does the agency in charge of immovable property registration commit to delivering a legally binding document that proves property Yes, online 0.5 ownership within a specific time frame–and if so, how does it communicate the service standard? http://online.zako Link for online access: n.kz/Document/? doc_id=30118294 Is there a specific and separate mechanism for filing complaints about a problem that occurred at the agency in charge of immovable property Yes 1.0 registration? A complaint can be submitted online on the website of the Ministry of Justice of the Republic of Kazakhstan, which is: http://www.adilet. Contact information: gov.kz/ru/questio ns The online portal build in a Q&A format allows citizens to submit complaints, comments and recommendation s concerning all Doing Business 2016 Kazakhstan 56 Answer Score types of transactions with a property. Upon submission of the complaint, one receives a reference number that can be used for tracking the status of the complaint in the system. All responses of the agency to complaints are published online and open to the public review. Are there publicly available official statistics tracking the number of Yes 0.5 transactions at the immovable property registration agency? In 2014, the total nnumber of property rights registered in Number of property transfers in the largest business city in 2014: Kazakhstan was 9 622 872 and in Almaty was 179 822. Only intermediaries Who is able to consult maps of land plots in the largest business city? 0.0 and interested parties Is the applicable fee schedule for accessing maps of land plots made Yes, online 0.5 publicly available—and if so, how? http://aisgzk.kz/ai Link for online access: sgzk/ru/content/ 9-1/ Does the cadastral or mapping agency commit to delivering an updated map within a specific time frame—and if so, how does it Yes, in person 0.0 communicate the service standard? Link for online access: Is there a specific and separate mechanism for filing complaints about No 0.0 Doing Business 2016 Kazakhstan 57 Answer Score a problem that occurred at the cadastral or mapping agency? Contact information: Geographic coverage index (0–8) 0.00 Are all privately held land plots in the economy formally registered at No 0.0 the immovable property registry? Are all privately held land plots in the largest business city formally No 0.0 registered at the immovable property registry? Are all privately held land plots in the economy mapped? No 0.0 Are all privately held land plots in the largest business city mapped? No 0.0 Land dispute resolution index (0–8) 7.00 Does the law require that all property sale transactions be registered at the immovable property registry to make them opposable to third Yes 1.5 parties? Is the system of immovable property registration subject to a state or No 0.0 private guarantee? Is there a specific compensation mechanism to cover for losses incurred by parties who engaged in good faith in a property transaction Yes 0.5 based on erroneous information certified by the immovable property registry? Does the legal system require a control of legality of the documents necessary for a property transaction (e.g., checking the compliance of Yes 0.5 contracts with requirements of the law)? If yes, who is responsible for checking the legality of the documents? Registrar; Notary. Does the legal system require verification of the identity of the parties Yes 0.5 to a property transaction? If yes, who is responsible for verifying the identity of the parties? Notary; Lawyer. Is there a national database to verify the accuracy of identity Yes 1.0 documents? For a standard land dispute between two local businesses over tenure Special rights of a property worth 50 times gross national income (GNI) per Interdistrict capita and located in the largest business city, what court would be in Economic Court charge of the case in the first instance? of Almaty How long does it take on average to obtain a decision from the first- Less than a year 3.0 instance court for such a case (without appeal)? Are there any statistics on the number of land disputes in the first No 0.0 instance? Doing Business 2016 Kazakhstan 58 Answer Score Number of land disputes in the largest business city in 2014: Source: Doing Business database. Doing Business 2016 Kazakhstan 59 GETTING CREDIT Two types of frameworks can facilitate access to WHAT THE GETTING CREDIT INDICATORS credit and improve its allocation: credit information MEASURE systems and borrowers and lenders in collateral and bankruptcy laws. Credit information systems enable lenders’ rights to view a potential borrower’s financial Strength of legal rights index (0–12) history (positive or negative)—valuable information to Rights of borrowers and lenders through consider when assessing risk. And they permit collateral laws borrowers to establish a good credit history that will Protection of secured creditors’ rights through allow easier access to credit. Sound collateral laws bankruptcy laws enable businesses to use their assets, especially movable property, as security to generate capital— Depth of credit information index (0–8) while strong creditors’ rights have been associated Scope and accessibility of credit information with higher ratios of private sector credit to GDP. distributed by credit bureaus and credit registries What do the indicators cover? Credit bureau coverage (% of adults) Doing Business assesses the sharing of credit information and the legal rights of borrowers and Number of individuals and firms listed in lenders with respect to secured transactions through largest credit bureau as percentage of adult 2 sets of indicators. The depth of credit information population index measures rules and practices affecting the Credit registry coverage (% of adults) coverage, scope and accessibility of credit Number of individuals and firms listed in information available through a credit registry or a credit registry as percentage of adult credit bureau. The strength of legal rights index population measures whether certain features that facilitate lending exist within the applicable collateral and bankruptcy laws. Doing Business uses two case scenarios, Case A and Case B, to determine the scope of the secured transactions system, involving a  Has up to 50 employees. secured borrower and a secured lender and  Is 100% domestically owned, as is the lender. examining legal restrictions on the use of movable collateral (for more details on each case, see the Data The ranking of economies on the ease of getting Notes section of the Doing Business 2016 report). credit is determined by sorting their distance to These scenarios assume that the borrower: frontier scores for getting credit. These scores are the distance to frontier score for the strength of legal  Is a private limited liability company. rights index and the depth of credit information  Has its headquarters and only base of index. operations in the largest business city. For the 11 economies with a population of more than 100 million, data for a second city have been added. Doing Business 2016 Kazakhstan 60 GETTING CREDIT Where does the economy stand today? How well do the credit information system and collateral Globally, Kazakhstan stands at 70 in the ranking of 189 and bankruptcy laws in Kazakhstan facilitate access to economies on the ease of getting credit (figure 6.1). The credit? The economy has a score of 7.00 on the depth of rankings for comparator economies provide other useful credit information index and a score of 4.00 on the information for assessing how well regulations and strength of legal rights index (see the summary of institutions in Kazakhstan support lending and scoring at the end of this chapter for details). Higher borrowing. scores indicate more credit information and stronger legal rights for borrowers and lenders. Figure 6.1 How Kazakhstan and comparator economies rank on the ease of getting credit Source: Doing Business database. Doing Business 2016 Kazakhstan 61 GETTING CREDIT One way to put an economy’s score on the getting credit rights index for Kazakhstan and shows the scores for indicators into context is to see where the economy comparator economies as well as the regional average stands in the distribution of scores across economies. score. Figure 6.3 shows the same for the depth of credit Figure 6.2 highlights the score on the strength of legal information index. Figure 6.2 How strong are legal rights for borrowers Figure 6.3 How much credit information is shared — and lenders? and how widely? Economy scores on strength of legal rights index Economy scores on depth of credit information index Source: Doing Business database. Source: Doing Business database. Note: Higher scores indicate that collateral and bankruptcy Note: Higher scores indicate the availability of more credit laws are better designed to facilitate access to credit. information, from either a credit registry or a credit bureau, Source: Doing Business database. to facilitate lending decisions. If the credit bureau or registry is not operational or covers less than 5% of the adult population, the total score on the depth of credit information index is 0. Doing Business 2016 Kazakhstan 62 GETTING CREDIT When economies strengthen the legal rights of lenders information, they can increase entrepreneurs’ access to and borrowers under collateral and bankruptcy laws, and credit. What credit reforms has Doing Business recorded increase the scope, coverage and accessibility of credit in Kazakhstan (table 6.1)? Table 6.1 How has Kazakhstan made getting credit easier—or not? By Doing Business report year from DB2011 to DB2016 DB year Reform Kazakhstan strengthened secured creditor rights by introducing DB2013 new grounds for relief from an automatic stay during rehabilitation proceedings. Kazakhstan improved access to credit by adopting a new law on DB2016 secured transactions allowing a general description of a combined category of assets granted as collateral. Source: Doing Business database. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Doing Business 2016 Kazakhstan 63 GETTING CREDIT What are the details? The getting credit indicators reported here for The data on the legal rights of borrowers and lenders are Kazakhstan are based on detailed information collected gathered through a survey of financial lawyers and in that economy. The data on credit information sharing verified through analysis of laws and regulations as well are collected through a survey of a credit registry and/or as public sources of information on collateral and credit bureau (if one exists). To construct the depth of bankruptcy laws. For the strength of legal rights index, a credit information index, a score of 1 is assigned for each score of 1 is assigned for each of 10 aspects related to of 8 features of the credit registry or credit bureau (see legal rights in collateral law and 2 aspects in bankruptcy summary of scoring below). law. Strength of legal rights index (0–12) Index score: 4.00 Does an integrated or unified legal framework for secured transactions that extends to the creation, publicity and enforcement of functional equivalents to security interests in movable No assets exist in the economy? Does the law allow businesses to grant a non possessory security right in a single category of No movable assets, without requiring a specific description of collateral? Does the law allow businesses to grant a non possessory security right in substantially all of its Yes assets, without requiring a specific description of collateral? May a security right extend to future or after-acquired assets, and may it extend automatically to No the products, proceeds or replacements of the original assets? Is a general description of debts and obligations permitted in collateral agreements; can all types of debts and obligations be secured between parties; and can the collateral agreement include a No maximum amount for which the assets are encumbered? Is a collateral registry in operation for both incorporated and non-incorporated entities, that is Yes unified geographically and by asset type, with an electronic database indexed by debtor's name? Does a notice-based collateral registry exist in which all functional equivalents can be registered? No Does a modern collateral registry exist in which registrations, amendments, cancellations and No searches can be performed online by any interested third party? Are secured creditors paid first (i.e. before tax claims and employee claims) when a debtor No defaults outside an insolvency procedure? Are secured creditors paid first (i.e. before tax claims and employee claims) when a business is No liquidated? Are secured creditors subject to an automatic stay on enforcement when a debtor enters a court-supervised reorganization procedure? Does the law protect secured creditors’ rights by Yes providing clear grounds for relief from the stay and/or sets a time limit for it? Does the law allow parties to agree on out of court enforcement at the time a security interest is created? Does the law allow the secured creditor to sell the collateral through public auction and Yes private tender, as well as, for the secured creditor to keep the asset in satisfaction of the debt? Doing Business 2016 Kazakhstan 64 Depth of credit information index (0–8) Credit bureau Credit registry Index score: 7.00 Are data on both firms and individuals distributed? Yes No 1 Are both positive and negative credit data distributed? Yes No 1 Are data from retailers or utility companies - in addition to data from banks and financial institutions - No No 0 distributed? Are at least 2 years of historical data distributed? (Credit bureaus and registries that distribute more than 10 years Yes No 1 of negative data or erase data on defaults as soon as they are repaid obtain a score of 0 for this component.) Are data on loan amounts below 1% of income per Yes No 1 capita distributed? By law, do borrowers have the right to access their data Yes No 1 in the credit bureau or credit registry? Can banks and financial institutions access borrowers’ credit information online (for example, through an online Yes No 1 platform, a system-to-system connection or both)? Are bureau or registry credit scores offered as a value- added service to help banks and financial institutions Yes No 1 assess the creditworthiness of borrowers? Note: An economy receives a score of 1 if there is a "yes" to either bureau or registry. If the credit bureau or registry is not operational or covers less than 5% of the adult population, the total score on the depth of credit information index is 0. Coverage Credit bureau Credit registry Number of firms 2,809,109 0 Number of individuals 6,656,631 0 Total 9,465,740 0 Total percentage of adult population 81.40 0.00 Source: Doing Business database. Doing Business 2016 Kazakhstan 65 PROTECTING MINORITY INVESTORS Protecting minority investors matters for the ability of companies to raise the capital they need to grow, WHAT THE PROTECTING MINORITY innovate, diversify and compete. Effective regulations INVESTORS INDICATORS MEASURE define related-party transactions precisely, promote clear and efficient disclosure requirements, require shareholder participation in major decisions of the Extent of disclosure index (0–10) company and set detailed standards of accountability Review and approval requirements for related-party for company insiders. transactions; Disclosure requirements for related- What do the indicators cover? party transactions Doing Business measures the protection of minority Extent of director liability index (0–10) investors from conflicts of interest through one set of Ability of minority shareholders to sue and hold indicators and shareholders’ rights in corporate interested directors liable for prejudicial related-party governance through another. The ranking of economies transactions; Available legal remedies (damages, on the strength of minority investor protections is disgorgement of profits, fines, imprisonment, determined by sorting their distance to frontier scores rescission of the transaction) for protecting minority investors. These scores are the Ease of shareholder suits index (0–10) simple average of the distance to frontier scores for the extent of conflict of interest regulation index and the Access to internal corporate documents; Evidence extent of shareholder governance index. To make the obtainable during trial and allocation of legal data comparable across economies, a case study uses expenses several assumptions about the business and the Extent of conflict of interest regulation index transaction. (0–10) The business (Buyer): Simple average of the extent of disclosure, extent of director liability and ease of shareholder indices  Is a publicly traded corporation listed on the economy’s most important stock exchange Extent of shareholder rights index (0-10) (or at least a large private company with Shareholders’ rights and role in major corporate multiple shareholders). decisions  Has a board of directors and a chief executive Extent of ownership and control index (0-10) officer (CEO) who may legally act on behalf of Buyer where permitted, even if this is not Governance safeguards protecting shareholders from undue board control and entrenchment specifically required by law. Extent of corporate transparency index (0-10) The transaction involves the following details: Corporate transparency on ownership stakes,  Mr. James, a director and the majority compensation, audits and financial prospects shareholder of the company, proposes that the company purchase used trucks from Extent of shareholder governance index (0– another company he owns. 10)  The price is higher than the going price for Simple average of the extent of shareholders rights, used trucks, but the transaction goes forward. extent of ownership and control and extent of corporate transparency indices  All required approvals are obtained, and all required disclosures made, though the Strength of investor protection index (0–10) transaction is prejudicial to Buyer. Simple average of the extent of conflict of interest regulation and extent of shareholder governance  Shareholders sue the interested parties and indices the members of the board of directors. Doing Business 2016 Kazakhstan 66 PROTECTING MINORITY INVESTORS Where does the economy stand today? How strong are minority investor protections against protection index (figure 7.1). While the indicator does self-dealing in Kazakhstan? The economy has a score of not measure all aspects related to the protection of 6.70 on the strength of minority investor protection minority investors, a higher ranking does indicate that an index, with a higher score indicating stronger economy’s regulations offer stronger minority investor protections. protections against self-dealing in the areas measured. Globally, Kazakhstan stands at 25 in the ranking of 189 economies on the strength of minority investor Figure 7.1 How Kazakhstan and comparator economies perform on the strength of minority investor protection index Source: Doing Business database. Doing Business 2016 Kazakhstan 67 PROTECTING MINORITY INVESTORS One way to put an economy’s scores on the A summary of scoring for the protecting minority investors protecting minority investors indicators into context indicators at the end of this chapter provides details on is to see where the economy stands in the how the indices were calculated. distribution of scores across comparator economies. Figure 7.2 highlights the scores on the various minority investor protection indices for Kazakhstan. Figure 7.2 Summary of the various minority investor protection indices for Kazakhstan and comparator economies. Source: Doing Business database. Doing Business 2016 Kazakhstan 68 PROTECTING MINORITY INVESTORS Economies with the strongest protections of minority result, reforms to strengthen minority investor investors from self-dealing require detailed disclosure protections may move ahead on different fronts—such and define clear duties for directors. They also have well- as through new or amended company laws, securities functioning courts and up-to-date procedural rules that regulations or civil procedure rules. What minority give minority shareholders the means to prove their case investor protection reforms has Doing Business recorded and obtain a judgment within a reasonable time. As a in Kazakhstan (table 7.1)? Table 7.1 How has Kazakhstan strengthened minority investor protections—or not? By Doing Business report year from DB2011 to DB2016 DB year Reform Kazakhstan strengthened investor protections by requiring DB2011 greater corporate disclosure in company annual reports. Kazakhstan strengthened investor protections by regulating the approval of transactions between interested parties and DB2012 making it easier to sue directors in cases of prejudicial transactions between interested parties. Kazakhstan strengthened minority investor protections through new provisions requiring both immediate disclosure of related-party transactions and detailed disclosure in annual financial statements; expanding the way evidence can be obtained at trial; requiring that a change in the rights DB2016 associated with shares be subject to approval by a vote of two-thirds of the affected shares; prohibiting subsidiaries from acquiring shares issued by their parent company; and requiring disclosure of information about board members’ other directorships as well as their primary employment. Source: Doing Business database. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Doing Business 2016 Kazakhstan 69 PROTECTING MINORITY INVESTORS What are the details? The protecting minority investors indicators reported to disclosure, director liability, shareholder suits, here for Kazakhstan are based on detailed information shareholder rights, ownership and control and corporate collected through a survey of corporate and securities transparency in a standard case study (for more details, lawyers about securities regulations, company laws and see the Data Notes section of the Doing Business 2016 court rules of evidence and procedure. To construct the report). The summary below shows the details underlying six indicators on minority investor protection, scores are the scores for Kazakhstan. assigned to each based on a range of conditions relating Table 7.2 Summary of scoring for the protecting minority investors indicators in Kazakhstan Answer Score Strength of minority investor protection index (0-10) 6.70 Extent of conflict of interest regulation index (0-10) 7.70 Extent of disclosure index (0-10) 9.00 Which corporate body can provide legally sufficient Shareholders excluding interested 3.0 approval for the Buyer-Seller transaction? (0-3) parties Is disclosure by the interested director to the board of Full disclosure of all material facts 2.0 directors required? (0-2) Is disclosure of the transaction in published periodic filings Disclosure on the transaction and 2.0 (annual reports) required? (0-2) on the conflict of interest Is immediate disclosure of the transaction to the public Disclosure on the transaction only 1.0 and/or shareholders required? (0-2) Must an external body review the terms of the transaction Yes 1.0 before it takes place? (0-1) Extent of director liability index (0-10) 6.00 Can shareholders sue directly or derivatively for the damage caused by the Buyer-Seller transaction to the company? (0- Yes 1.0 1) Can shareholders hold the interested director liable for the Liable if unfair or prejudicial 2.0 damage caused by the transaction to the company? (0-2) Can shareholders hold members of the approving body liable for the damage cause by the transaction to the Liable if negligent 1.0 company? (0-2) Must the interested director pay damages for the harm caused to the company upon a successful claim by a Yes 1.0 shareholder plaintiff? (0-1) Must the interested director repay profits made from the transaction upon a successful claim by a shareholder Yes 1.0 plaintiff? (0-1) Is the interested director fined and imprisoned or disqualified upon a successful claim by the shareholder No 0.0 plaintiff? (0-1) Can a court void the transaction upon a successful claim by Only in case of fraud or bad faith 0.0 a shareholder plaintiff? (0-2) Ease of shareholder suits index (0-10) 8.00 Before filing suit, can shareholders owning 10% of the Yes 1.0 Doing Business 2016 Kazakhstan 70 company’s share capital inspect the transaction documents? (0-1) Can the plaintiff obtain any documents from the defendant Documents that directly prove 2.0 and witnesses during trial? (0-3) specific facts in the plaintiff’s claim Can the plaintiff request categories of documents from the Yes 1.0 defendant without identifying specific ones? (0-1) Can the plaintiff directly question the defendant and Yes 2.0 witnesses during trial? (0-2) Is the level of proof required for civil suits lower than that of Yes 1.0 criminal cases? (0-1) Can shareholder plaintiffs recover their legal expenses from Yes if successful 1.0 the company? (0-2) Extent of shareholder governance index (0-10) 5.70 Extent of shareholder rights index (0-10) 6.00 Does the sale of 51% of Buyer’s assets require shareholder No 0.0 approval? Can shareholders representing 10% of Buyer’s share capital Yes 1.0 call for an extraordinary meeting of shareholders? Must Buyer obtain its shareholders’ approval every time it No 0.0 issues new shares? Do shareholders automatically receive preemption rights Yes 1.0 every time Buyer issues new shares? Must shareholders approve the election and dismissal of the Yes 1.0 external auditor? Must changes to the voting rights of a class of shares be Yes 1.0 approved only by the holders of the affected shares? Assuming that Buyer is a limited company, does the sale of No 0.0 51% of Buyer’s assets requires shareholder approval? Assuming that Buyer is a limited company, can shareholders representing 10% of Buyer’s share capital call for an No 0.0 extraordinary meeting of shareholders? Assuming that Buyer is a limited company, must Buyer obtain its shareholders’ approval every time it issues new Yes 1.0 shares? Assuming that Buyer is a limited company, do shareholders automatically receive preemption rights every time Buyer Yes 1.0 issues new shares? Extent of ownership and control index (0-10) 7.00 Is the CEO prohibited from also being chair of the board of Yes 1.0 directors? Must the board of directors include independent and Yes 1.0 nonexecutive board members? Can shareholders remove members of Buyer’s board of Yes 1.0 directors without cause before the end of their term? Must Buyer’s board of directors include a separate audit No 0.0 committee? Must a potential acquirer make a tender offer to all Yes 1.0 shareholders upon acquiring 50% of Buyer? Must Buyer pay dividends within a maximum period set by No 0.0 law after the declaration date? Is a subsidiary prohibited from acquiring shares issued by its Yes 1.0 parent company? Doing Business 2016 Kazakhstan 71 Assuming that Buyer is a limited company, can shareholders remove members of Buyer’s board of directors without Yes 1.0 cause before the end of their term? Assuming that Buyer is a limited company, must a potential acquirer make a tender offer to all shareholders upon No 0.0 acquiring 50% of Buyer? Assuming that Buyer is a limited company, must Buyer pay dividends within a maximum period set by law after the Yes 1.0 declaration date? Extent of corporate transparency index (0-10) 4.00 Must Buyer disclose direct and indirect beneficial ownership Yes 1.0 stakes representing 5%? Must Buyer disclose information about board members’ other directorships as well as basic information on their Yes 1.0 primary employment? Must Buyer disclose the compensation of individual No 0.0 managers? Must a detailed notice of general meeting be sent 30 days No 0.0 before the meeting? Can shareholders representing 5% of Buyer’s share capital No 0.0 put items on the agenda for the general meeting? Must Buyer's annual financial statements be audited by an Yes 1.0 external auditor? Must Buyer disclose its audit reports to the public. Yes 1.0 Assuming that Buyer is a limited company, must a detailed notice of general meeting be sent 30 days before the No 0.0 meeting? Assuming that Buyer is a limited company, can shareholders representing 5% of Buyer’s share capital put items on the No 0.0 agenda for the general meeting? Assuming that Buyer is a limited company, must Buyer's annual financial statements be audited by an external No 0.0 auditor? Source: Doing Business database. Doing Business 2016 Kazakhstan 72 PAYING TAXES Taxes are essential. The level of tax rates needs to be carefully chosen—and needless complexity in tax WHAT THE PAYING TAXES INDICATORS rules avoided. Firms in economies that rank better MEASURE on the ease of paying taxes in the Doing Business study tend to perceive both tax rates and tax Tax payments for a manufacturing company administration as less of an obstacle to business in 2014 (number per year adjusted for according to the World Bank Enterprise Survey electronic and joint filing and payment) research. Total number of taxes and contributions paid, What do the indicators cover? including consumption taxes (value added tax, Using a case scenario, Doing Business records the sales tax or goods and service tax) taxes and mandatory contributions that a medium- Method and frequency of filing and payment size company must pay in a given year as well as Time required to comply with 3 major taxes measures of the administrative burden of paying (hours per year) taxes and contributions. This case scenario uses a set of financial statements and assumptions about Collecting information and computing the tax transactions made over the year. Information is also payable compiled on the frequency of filing and payments as Completing tax return forms, filing with well as time taken to comply with tax laws. The proper agencies ranking of economies on the ease of paying taxes is Arranging payment or withholding determined by sorting their distance to frontier scores on the ease of paying taxes. These scores are Preparing separate tax accounting books, if the simple average of the distance to frontier scores required for each of the component indicators, with a Total tax rate (% of profit before all taxes) threshold and a nonlinear transformation applied to one of the component indicators, the total tax rate . 3 Profit or corporate income tax All financial statement variables are proportional to Social contributions and labor taxes paid by 2012 income per capita. To make the data the employer comparable across economies, several assumptions Property and property transfer taxes are used. Dividend, capital gains and financial  TaxpayerCo is a medium-size business that transactions taxes started operations on January 1, 2013. Waste collection, vehicle, road and other taxes  The business starts from the same financial  Taxes and mandatory contributions include position in each economy. All the taxes corporate income tax, turnover tax and all and mandatory contributions paid during labor taxes and contributions paid by the the second year of operation are recorded. company.  Taxes and mandatory contributions are  A range of standard deductions and measured at all levels of government. exemptions are also recorded. The nonlinear distance to frontier for the total tax rate is equal to the distance to frontier for the total tax rate to the power of 0.8. 3 The threshold is defined as the total tax rate at the 15th percentile of the overall distribution for all years included in the analysis up to and including Doing Business 2015, which is 26.1%. All economies with a total tax rate below this threshold receive the same score as the economy at the threshold. Doing Business 2016 Kazakhstan 73 PAYING TAXES Where does the economy stand today? What is the administrative burden of complying with 2 largest business cities. See the chapter on distance to taxes in Kazakhstan—and how much do firms pay in frontier and ease of doing business ranking at the end of taxes? On average, firms make 7.00 tax payments a year, this profile for more details. spend 188.00 hours a year filing, preparing and paying Globally, Kazakhstan stands at 18 in the ranking of 189 taxes and pay total taxes amounting to 29.20% of profit economies on the ease of paying taxes (figure 8.1). The (see the summary at the end of this chapter for details). rankings for comparator economies and the regional Most indicator sets refer to a case scenario in the largest average ranking provide other useful information for business city of an economy, except for 11 economies for assessing the tax compliance burden for businesses in which the data are a population-weighted average of the Kazakhstan. Figure 8.1 How Kazakhstan and comparator economies rank on the ease of paying taxes Source: Doing Business database. Doing Business 2016 Kazakhstan 74 PAYING TAXES Economies around the world have made paying taxes and exemptions. Many have lowered tax rates. Changes faster, easier and less costly for businesses—such as by have brought concrete results. Some economies consolidating payments and filings of taxes, offering simplifying tax payment and reducing rates have seen electronic systems for filing and payment, establishing tax revenue rise. What tax reforms has Doing Business taxpayer service centers or allowing for more deductions recorded in Kazakhstan (table 8.1)? Table 8.1 How has Kazakhstan made paying taxes easier—or not? By Doing Business report year from DB2011 to DB2016 DB year Reform Kazakhstan made paying taxes more complicated for companies by introducing a mandatory contribution to the DB2015 National Chamber of Entrepreneurs and by increasing the vehicle and environmental taxes. Source: Doing Business database. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Doing Business 2016 Kazakhstan 75 PAYING TAXES What are the details? The indicators reported here for Kazakhstan are LOCATION OF STANDARDIZED COMPANY based on the taxes and contributions that would be paid by a standardized case study company used by Doing Business in collecting the data (see the section City: Almaty in this chapter on what the indicators cover). Tax practitioners are asked to review a set of financial statements as well as a standardized list of assumptions and transactions that the company The taxes and contributions paid are listed in the completed during its 2nd year of operation. summary below, along with the associated number of Respondents are asked how much taxes and payments, time and tax rate. mandatory contributions the business must pay and how these taxes are filed and paid. Table 8.2 Summary of tax rates and administration Total tax Notes on Tax or mandatory Payments Notes on Time Statutory Tax base rate (% of total tax contribution (number) payments (hours) tax rate profit) rate taxable Corporate income tax 1 online 75 0.2 16.23 profit gross salaries less Social Tax 1 online 70 0.11 obligatory 11.17 pension contributio ns property annual online and Property tax 0 0.015 average 1.39 jointly net book value 160*MCI (1 National Chamber of MCI = KZT 1 fee scale 0.32 Entrepreneurs contribution 1,852 for 2014) 0,66 * 1 amount of MCI (1 MCI waste and Environment pollution fee 1 online = KZT 1,852 fuel 0.06 for 2014) consumpti per tonne on Doing Business 2016 Kazakhstan 76 Total tax Notes on Tax or mandatory Payments Notes on Time Statutory Tax base rate (% of total tax contribution (number) payments (hours) tax rate profit) rate KZT 28.95 Land tax 1 online per square land area 0.02 meter 9 MCI (1 MCI = KZT carrying Vehicle tax 1 online 0.02 1,852 for capacity 2014) value Value added tax (VAT) 1 online 43 0.12 0 added online and gross Pension contributions 0 0.1 0 withheld jointly salaries Totals 7.00 188.00 29.20 Source: Doing Business database. Doing Business 2016 Kazakhstan 77 TRADING ACROSS BORDERS In today’s globalized world, making trade between WHAT THE TRADING ACROSS BORDERS economies easier is increasingly important for INDICATORS MEASURE FOR IMPORT & EXPORT business. Excessive document requirements, burdensome customs procedures, inefficient port operations and inadequate infrastructure all lead Documentary compliance – cost (US$) & time to extra costs and delays for exporters and (hours) importers, stifling trade potential. Obtain, prepare and submit documents: What do the indicators cover? -During transport, clearance, inspections and port or border handling in origin economy Doing Business records the time and cost associated with the logistical process of exporting -Required by origin, transit and destination and importing goods. Under the new methodology economies introduced this year, Doing Business measures the Covers all documents by law and in practice time and cost (excluding tariffs) associated with Border compliance – cost (US$) & time (hours) three sets of procedures—documentary compliance, border compliance and domestic Customs clearance and inspections transport—within the overall process of exporting Inspections by other agencies or importing a shipment of goods. The ranking of Port or border handling economies on the ease of trading across borders is determined by sorting their distance to frontier Obtaining, preparing and submitting documents scores for trading across borders. These scores are during clearance, inspections and port or border the simple average of the distance to frontier handling scores for the time and cost for documentary Domestic transport* compliance and border compliance to export and Loading and unloading of shipment import. Transport between warehouse and terminal/port To make the data comparable across economies, a Transport between terminal/port and border few assumptions are made about the traded goods Obtaining, preparing and submitting documents and the transactions: during domestic transport Time Traffic delays and road police checks while shipment is en route  Time is measured in hours, and 1 day is 24 hours (for example, 22 days are * Although Doing Business collects and publishes data on the recorded as 22 × 24 = 528 hours). If time and cost for domestic transport, it does not use these customs clearance takes 7.5 hours, the data in calculating the distance to frontier score for trading data are recorded as is. Alternatively, across borders or the ranking on the ease of trading across suppose that documents are submitted borders. to a customs agency at 8:00 a.m., are Cost processed overnight and can be picked up at 8:00 a.m. the next day. In this case  Insurance cost and informal payments for which the time for customs clearance would be no receipt is issued are excluded from the costs recorded as 24 hours because the actual recorded. Costs are reported in U.S. dollars. procedure took 24 hours. Contributors are asked to convert local currency into U.S. dollars based on the exchange rate prevailing on the day they answer the questionnaire. Doing Business 2016 Kazakhstan 78 Assumptions of the case study  For each of the 189 economies covered by  Shipping cost based on weight is assumed to be Doing Business, it is assumed that a shipment greater than shipping cost based on volume. travels from a warehouse in the largest  If government fees are determined by the value business city of the exporting economy to a of the shipment, the value is assumed to be warehouse in the largest business city of the $50,000. importing economy. For 11 economies the data are also collected, under the same case  The product is new, not secondhand or used study assumptions, for the second largest merchandise. business city.  The exporting firm is responsible for hiring and  The import and export case studies assume paying for a freight forwarder or customs different traded products. It is assumed that broker (or both) and pays for all costs related to each economy imports a standardized international shipping, domestic transport, shipment of 15 metric tons of containerized clearance and mandatory inspections by auto parts (HS 8708) from its natural import customs and other government agencies, port partner—the economy from which it imports or border handling, documentary compliance the largest value (price times quantity) of auto fees and the like for exports. The importing firm parts. It is assumed that each economy is responsible for the above costs for imports. exports the product of its comparative  The mode of transport is the one most widely advantage (defined by the largest export used for the chosen export or import product value) to its natural export partner—the and the trading partner, as is the seaport, economy that is the largest purchaser of this airport or land border crossing. product. Precious metal and gems, live animals and pharmaceuticals are excluded  All electronic submissions of information from the list of possible export products, requested by any government agency in however, and the second largest product connection with the shipment are considered to category is considered as needed. be documents obtained, prepared and submitted during the export or import process.  To identify the trading partners and export product for each economy, Doing Business  A port or border is defined as a place (seaport, collected data on trade flows for the most airport or land border crossing) where recent four-year period from international merchandise can enter or leave an economy. databases such as the United Nations  Government agencies considered relevant are Commodity Trade Statistics Database (UN agencies such as customs, port authorities, road Comtrade). For economies for which trade police, border guards, standardization agencies, flow data were not available, data from ministries or departments of agriculture or ancillary government sources (various industry, national security agencies and any ministries and departments) and World Bank other government authorities. Group country offices were used to identify the export product and natural trading partners.  A shipment is a unit of trade. Export shipments do not necessarily need to be containerized, while import shipments of auto parts are assumed to be containerized. Doing Business 2016 Kazakhstan 79 TRADING ACROSS BORDERS Where does the economy stand today? The Trading across Border indicator refers to a case Globally, Kazakhstan stands at 122 in the ranking of 189 study scenario of a warehouse in the largest business city economies on the ease of trading across borders (figure of an economy (except for 11 economies for which the 9.1). data are a population-weighted average of the 2 largest While not included in the distance to frontier or ease of business cities) trading with the main import and export doing business ranking, data on domestic transportation partner through the economy’s main border crossing. is also recorded for all economies and provided in Table 9.3. Figure 9.1 How Kazakhstan and comparator economies rank on the ease of trading across borders Source: Doing Business database. Doing Business 2016 Kazakhstan 80 TRADING ACROSS BORDERS In economies around the world, trading across borders systems. These changes help improve the trading as measured by Doing Business has become faster and environment and boost firms’ international easier over the years. Governments have introduced competitiveness. What trade reforms has Doing Business tools to facilitate trade—including single windows, risk- recorded in Kazakhstan (table 9.1)? based inspections and electronic data interchange Table 9.1 How has Kazakhstan made trading across borders easier—or not? By Doing Business report year from DB2011 to DB2016 DB year Reform Kazakhstan speeded up trade through efforts to modernize DB2011 customs, including implementation of a risk management system and improvements in customs automation. Kazakhstan made trading across borders easier by opening a DB2015 new border station and railway link that helped reduce congestion at the border with China. Source: Doing Business database. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Doing Business 2016 Kazakhstan 81 TRADING ACROSS BORDERS What are the details? The indicators reported here for Kazakhstan are LOCATION OF STANDARDIZED COMPANY based on a set of specific predefined procedures for trading a shipment of goods by the most widely used mode of transport (whether sea, land, air or some City: Almaty combination of these). The information on the time and cost to complete export and import is collected The details on the predefined set of procedures, and the from local freight forwarders, customs brokers and associated time and cost, for exporting and importing a traders. shipment of goods are listed in the summary bellow, along with the required documents. Table 9.2 Summary of export and import time and cost for trading across borders in Kazakhstan Kazakhstan Europe & Central Asia Time to export: Border compliance (hours) 133 28 Cost to export: Border compliance (USD) 574 219 Time to export: Documentary compliance (hours) 132 31 Cost to export: Documentary compliance (USD) 430 144 Time to import: Border compliance (hours) 2 23 Cost to import: Border compliance (USD) 0 202 Time to import: Documentary compliance (hours) 6 27 Cost to import: Documentary compliance (USD) 0 108 Source: Doing Business database. Table 9.3 Summary of trading details, transport time and documents for trading across borders in Kazakhstan Export Import HS 8708: Parts and accessories Product HS 72 : Iron and steel of motor vehicles Trade partner China Russian Federation Border Alashankou border crossing Troizk border crossing Distance (km) 720 2300 Domestic transport time (hours) 48 84 Domestic transport cost (USD) 281 1595 Domestic transport speed (km/hour) 15.0 27.4 Domestic transport cost per distance (USD/km) 0.4 0.7 Doing Business 2016 Kazakhstan 82 Source: Doing Business database. Note: Although Doing Business collects and publishes data on the time and cost for domestic transport, it does not use these data in calculating the distance to frontier score for trading across borders or the ranking on the ease of trading across borders. Documents to export Certificate of origin Certificate of radiation test Commercial invoice Customs Export Declaration Packing list Waybill Documents to import Commercial invoice Packing list Waybill Source: Doing Business database. Note: Doing Business continues to collect data on the number of documents needed to trade internationally. Unlike in previous years, however, these data are excluded from the calculation of the distance to frontier score and ranking. The time and cost for documentary compliance serve as better measures of the overall cost and complexity of compliance with documentary requirements than does the number of documents required. Doing Business 2016 Kazakhstan 83 Figure 9.2 Summary of Kazakhstan on the ease of trading across borders Export Import Source: Doing Business database. Doing Business 2016 Kazakhstan 84 ENFORCING CONTRACTS Effective commercial dispute resolution has many WHAT THE ENFORCING CONTRACTS benefits. Courts are essential for entrepreneurs INDICATORS MEASURE because they interpret the rules of the market and protect economic rights. Efficient and transparent courts encourage new business relationships because Time required to enforce a contract through businesses know they can rely on the courts if a new the courts (calendar days) customer fails to pay. Speedy trials are essential for Time to file and serve the case small enterprises, which may lack the resources to Time for trial and to obtain the judgment stay in business while awaiting the outcome of a long court dispute. Time to enforce the judgment What do the indicators cover? Cost required to enforce a contract through the courts (% of claim) Doing Business measures the time and cost for resolving a standardized commercial dispute through Attorney fees a local first-instance court. In addition, this year it Court fees introduces a new measure, the quality of judicial Enforcement fees processes index, evaluating whether each economy has adopted a series of good practices that promote Quality of judicial processes index (0-18) quality and efficiency in the court system. This new Court structure and proceedings (0-5) index replaces the indicator on procedures, which was eliminated this year. The ranking of economies Case management (0-6) on the ease of enforcing contracts is determined by Court automation (0-4) sorting their distance to frontier scores. These scores Alternative dispute resolution (0-3) are the simple average of the distance to frontier scores for each of the component indicators. The dispute in the case study involves the breach of a sales contract between 2 domestic businesses. The  The value of the dispute is 200% of the case study assumes that the court hears an expert on income per capita or the equivalent in local the quality of the goods in dispute. This distinguishes currency of USD 5,000, whichever is greater. the case from simple debt enforcement. To make the  The seller sues the buyer before the court data comparable across economies, Doing Business with jurisdiction over commercial cases worth uses several assumptions about the case: 200% of income per capita or $5,000.  The dispute concerns a lawful transaction  The seller requests a pretrial attachment to between two businesses (Seller and Buyer), secure the claim. both located in the economy’s largest  The dispute on the quality of the goods business city. For 11 economies the data requires an expert opinion. are also collected for the second largest business city.  The judge decides in favor of the seller; there is no appeal.  The buyer orders custom-made goods, then fails to pay.  The seller enforces the judgment through a public sale of the buyer’s movable assets. Doing Business 2016 Kazakhstan 85 ENFORCING CONTRACTS Where does the economy stand today? How efficient is the process of resolving a commercial frontier and ease of doing business ranking at the end of dispute through the courts in Kazakhstan? According to this profile for more details. data collected by Doing Business, contract enforcement Globally, Kazakhstan stands at 9 in the ranking of 189 takes 370.00 days and costs 22.00% of the value of the economies on the ease of enforcing contracts (figure claim. Most indicator sets refer to the largest business 10.1). The rankings for comparator economies and the city of an economy, except for 11 economies for which regional average ranking provide other useful the data are a population-weighted average of the 2 benchmarks for assessing the efficiency of contract largest business cities. See the chapter on distance to enforcement in Kazakhstan. Figure 10.1 How Kazakhstan and comparator economies rank on the ease of enforcing contracts Source: Doing Business database. Doing Business 2016 Kazakhstan 86 ENFORCING CONTRACTS Economies in all regions have improved contract reducing backlogs by introducing periodic reviews to enforcement in recent years. A judiciary can be improved clear inactive cases from the docket and by making in different ways. Higher-income economies tend to look procedures faster. What reforms making it easier (or for ways to enhance efficiency by introducing new more difficult) to enforce contracts has Doing Business technology. Lower-income economies often work on recorded in Kazakhstan (table 10.1)? Table 10.1 How has Kazakhstan made enforcing contracts easier—or not? By Doing Business report year from DB2011 to DB2016 DB year Reform Kazakhstan made enforcing contracts easier by introducing an DB2015 electronic filing system for court users. Kazakhstan made enforcing contracts easier by introducing a DB2016 simplified fast-track procedure for small claims and by streamlining the rules for enforcement proceedings. Source: Doing Business database. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Doing Business 2016 Kazakhstan 87 ENFORCING CONTRACTS What are the details? The data on time and cost reported here for ECONOMY DETAILS Kazakhstan are built by following the step-by-step evolution of a commercial sale dispute within the court, under the assumptions about the case Almaty Inter-District described above (figure 10.2). The time and cost of Court name: Commercial Court resolving the standardized dispute are identified through study of the codes of civil procedure and City: Almaty other court regulations, as well as through questionnaires completed by local litigation lawyers (and, in a quarter of the economies covered by Doing Business, by judges as well). Figure 10.2 Time and cost of contract enforcement in Kazakhstan and comparator economies Source: Doing Business database. Doing Business 2016 Kazakhstan 88 Table 10.2 Details on time and cost for enforcing contracts in Kazakhstan Europe & Central Indicator Kazakhstan Asia average Time (days) 370 481 Filing and service 15 Trial and judgment 135 Enforcement of judgment 220 Cost (% of claim) 22.0 26.2 Attorney fees (% of claim) 8.5 Court fees (% of claim) 3.5 Enforcement fees (% of claim) 10.0 Source: Doing Business database. Doing Business 2016 Kazakhstan 89 ENFORCING CONTRACTS Quality of judicial processes index The quality of judicial processes index measures The scores reported here show which of these good whether each economy has adopted a series of good practices are available in Kazakhstan. practices in its court system in four areas: court This methodology was initially developed by Djankov and structure and proceedings, case management, court others (2003) and is adopted here with several changes. automation and alternative dispute resolution. The The quality of judicial processes index was introduced in score on the quality of judicial processes index is the Doing Business 2016. The good practices tested in this sum of the scores on these 4 sub-components. The index were developed on the basis of internationally index ranges from 0 to 18, with higher values recognized good practices promoting judicial efficiency. indicating more efficient judicial processes. Figure 10.3 Quality of judicial processes index in Kazakhstan and comparator economies Source: Doing Business database. Doing Business 2016 Kazakhstan 90 Table 10.3 Details of the quality of judicial processes index in Kazakhstan Answer Score Quality of judicial processes index (0-18) 13.50 Court structure and proceedings (0-5) 5.0 1. Is there a court or division of a court dedicated solely to hearing Yes 1.5 commercial cases? 2. Small claims court 1.5 2.a. Is there a small claims court or a fast-track procedure for small Yes claims? 2.b. If yes, is self-representation allowed? Yes 3. Is pretrial attachment available? Yes 1.0 4. Are new cases assigned randomly to judges? Yes 1 Case management (0-6) 3.0 1. Time standards 0.0 1.a. Are there laws setting overall time standards for key court events in Yes a civil case? 1.b. If yes, are the time standards set for at least three court events? No 1.c. Are these time standards respected in more than 50% of cases? Yes 2. Adjournments 0.0 2.a. Does the law regulate the maximum number of adjournments that No can be granted? 2.b. Are adjournments limited to unforeseen and exceptional No circumstances? 2.c. If rules on adjournments exist, are they respected in more than 50% n.a. of cases? 3. Can two of the following four reports be generated about the competent court: (i) time to disposition report; (ii) clearance rate report; No 0.0 (iii) age of pending cases report; and (iv) single case progress report? 4. Is a pretrial conference among the case management techniques Yes 1.0 used before the competent court? 5. Are there any electronic case management tools in place within the Yes 1.0 competent court for use by judges? 6. Are there any electronic case management tools in place within the Yes 1.0 competent court for use by lawyers? Court automation (0-4) 2.5 Doing Business 2016 Kazakhstan 91 Answer Score 1. Can the initial complaint be filed electronically through a dedicated Yes 1.0 platform within the competent court? 2. Is it possible to carry out service of process electronically for claims No 0.0 filed before the competent court? 3. Can court fees be paid electronically within the competent court? Yes 1.0 4. Publication of judgments 0.5 4.a Are judgments rendered in commercial cases at all levels made available to the general public through publication in official gazettes, No in newspapers or on the internet or court website? 4.b. Are judgments rendered in commercial cases at the appellate and supreme court level made available to the general public through Yes publication in official gazettes, in newspapers or on the internet or court website? Alternative dispute resolution (0-3) 3.0 1. Arbitration 1.5 1.a. Is domestic commercial arbitration governed by a consolidated law or consolidated chapter or section of the applicable code of civil Yes procedure encompassing substantially all its aspects? 1.b. Are there any commercial disputes—aside from those that deal with public order or public policy—that cannot be submitted to No arbitration? 1.c. Are valid arbitration clauses or agreements usually enforced by the Yes courts? 2. Mediation/Conciliation 1.5 2.a. Is voluntary mediation or conciliation available? Yes 2.b. Are mediation, conciliation or both governed by a consolidated law or consolidated chapter or section of the applicable code of civil Yes procedure encompassing substantially all their aspects? 2.c. Are there financial incentives for parties to attempt mediation or conciliation (i.e., if mediation or conciliation is successful, a refund of Yes court filing fees, income tax credits or the like)? Source: Doing Business database. Doing Business 2016 Kazakhstan 92 RESOLVING INSOLVENCY A robust bankruptcy system functions as a filter, WHAT THE RESOLVING INSOLVENCY ensuring the survival of economically efficient companies and reallocating the resources of INDICATORS MEASURE inefficient ones. Fast and cheap insolvency proceedings result in the speedy return of businesses Time required to recover debt (years) to normal operation and increase returns to Measured in calendar years creditors. By clarifying the expectations of creditors and debtors about the outcome of insolvency Appeals and requests for extension are proceedings, well-functioning insolvency systems can included facilitate access to finance, save more viable Cost required to recover debt (% of debtor’s businesses and sustainably grow the economy. estate) What do the indicators cover? Measured as percentage of estate value Doing Business studies the time, cost and outcome of Court fees insolvency proceedings involving domestic legal Fees of insolvency administrators entities. These variables are used to calculate the recovery rate, which is recorded as cents on the Lawyers’ fees dollar recovered by secured creditors through Assessors’ and auctioneers’ fees reorganization, liquidation or debt enforcement Other related fees (foreclosure or receivership) proceedings. To determine the present value of the amount Outcome recovered by creditors, Doing Business uses the Whether business continues operating as a lending rates from the International Monetary Fund, going concern or business assets are sold supplemented with data from central banks and the piecemeal Economist Intelligence Unit. Recovery rate for creditors In addition, Doing Business evaluates the adequacy Measures the cents on the dollar recovered and integrity of the existing legal framework by secured creditors applicable to liquidation and reorganization proceedings through the strength of insolvency Outcome for the business (survival or not) framework index. The index tests whether economies determines the maximum value that can be adopted internationally accepted good practices in recovered four areas: commencement of proceedings, Official costs of the insolvency proceedings management of debtor’s assets, reorganization are deducted proceedings and creditor participation. Depreciation of furniture is taken into The ranking of economies on the ease of resolving account insolvency is determined by sorting their distance to Present value of debt recovered frontier scores for resolving insolvency. These scores are the simple average of the distance to frontier Strength of insolvency framework index (0- scores for the recovery rate and the strength of 16) insolvency framework index. The Resolving Sum of the scores of four component indices: Insolvency indicators do not measure insolvency Commencement of proceedings index (0-3) proceedings of individuals and financial institutions. The data are derived from questionnaire responses Management of debtor’s assets index (0-6) by local insolvency practitioners and verified through Reorganization proceedings index (0-3) a study of laws and regulations as well as public information on bankruptcy systems. Creditor participation index (0-4) Doing Business 2016 Kazakhstan 93 RESOLVING INSOLVENCY Where does the economy stand today? According to data collected by Doing Business, resolving The resolving insolvency indicators are based on detailed insolvency takes 1.50 years on average and costs 15.00% information collected through questionnaires completed of the debtor’s estate, with the most likely outcome by insolvency experts, including lawyers, practitioners being that the company will be sold as piecemeal sale. (administrators, trustees), accountants and judges. Data The average recovery rate is 42.80 cents on the dollar. on the time, cost and outcome refer to the most likely in- Most indicator sets refer to a case scenario in the largest court insolvency procedure applicable under specific business city of an economy, except for 11 economies for case study assumptions. Data on provisions applicable to which the data are a population-weighted average of the judicial liquidation and reorganization is based on the 2 largest business cities. current law governing insolvency proceedings in each Globally, Kazakhstan stands at 47 in the ranking of 189 economy. economies on the ease of resolving insolvency (figure 11.1). Figure 11.1 How Kazakhstan and comparator economies rank on the ease of resolving insolvency Source: Doing Business database. Doing Business 2016 Kazakhstan 94 Figure 11.2 Efficiency of proceedings - time, cost and recovery rate in Kazakhstan and comparator economies. Source: Doing Business database. Note: The recovery rate is calculated based on the time, cost and outcome of insolvency proceedings involving domestic legal entities and is recorded as cents on the dollar recovered by secured creditors. The calculation takes into account the outcome: whether the business emerges from the proceedings as a going concern or the assets are sold piecemeal. Then the costs of the proceedings are deducted. Finally, the value lost as a result of the time the money remains tied up in insolvency proceedings is taken into account. The recovery rate is the present value of the remaining proceeds, based on end-2014 lending rates. Doing Business 2016 Kazakhstan 95 Table 11.1 Details of data on efficiency of insolvency proceedings in Kazakhstan Indicator Answer Explanation BizBank will initiate foreclosure, because it is the most efficient way to enforce its security. Hotel management will then initiate insolvency proceedings in an liquidation attempt to restructure the business. Under article 50 (1)(3) of the Law On (after an Bankruptcy, all enforcement proceedings will be stayed. Hotel management will Proceedin attempt at propose a reorganization plan. However, BizBank is not likely to approve any g foreclosure) reorganization plan proposed by the hotel management. At that time the hotel will be declared insolvent with the consequence that liquidation proceedings will apply. Very few companies are reorganized and continue operating as a going concern. Outcome piecemeal sale The most likely outcome is that hotel's assets will be sold piecemeal in order to satisfy its creditors. It will take 18 months to complete all the proceedings. Bizbank's foreclosure Time (in 1.5 attempt and Mirage's attempt at reorganization will take around 6 months. years) Liquidation proceedings will take around 12 months. Main expenses include remuneration of the insolvency representative - up to 3%, Cost (% of auctioneer's fees and auction rates - 3-7%, attorneys’ fees and fees of other 15.0 estate) professionals involved in the insolvency proceedings, such as accountants and assessors - up to 10%. Recovery rate: 42.80 Source: Doing Business database. Doing Business 2016 Kazakhstan 96 RESOLVING INSOLVENCY A well-balanced bankruptcy system distinguishes change. Many recent reforms of bankruptcy laws have companies that are financially distressed but been aimed at helping more of the viable businesses economically viable from inefficient companies that survive. What insolvency reforms has Doing Business should be liquidated. But in some insolvency systems recorded in Kazakhstan (table 11.2)? even viable businesses are liquidated. This is starting to Table 11.2 How has Kazakhstan made resolving insolvency easier—or not? By Doing Business report year from DB2011 to DB2016 DB year Reform Kazakhstan strengthened its insolvency process by introducing an accelerated rehabilitation proceeding, extending the period for rehabilitation, expanding the powers of and improving qualification requirements for insolvency administrators, DB2013 changing requirements for bankruptcy filings, extending the rights of creditors, changing regulations related to the continuation of operations, introducing a time limit for adopting a rehabilitation plan and adding court supervision requirements. Kazakhstan made resolving insolvency easier by clarifying and simplifying provisions on liquidation and reorganization, introducing the concept of creditors’ meetings, expanding the DB2015 rights of creditors during insolvency proceedings, authorizing payment in kind to secured creditors and clarifying the process for submitting creditors’ claims. Kazakhstan made resolving insolvency easier by allowing creditors to initiate reorganization proceedings and encouraging sales of assets as a going concern. Kazakhstan DB2016 also improved its bankruptcy regime, by explicitly authorizing post-commencement finance and granting it priority over existing unsecured claims. Source: Doing Business database. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Doing Business 2016 Kazakhstan 97 RESOLVING INSOLVENCY Strength of resolving insolvency index The strength of insolvency framework index is the with higher values indicating insolvency legislation that is sum of the scores on the commencement of better designed for rehabilitating viable firms and proceedings index, management of debtor’s assets liquidating nonviable ones. Kazakhstan’s score on the index, reorganization proceedings index and creditor strength of insolvency framework index is 11.50 out of 16. participation index. The index ranges from 0 to 16, Figure 11.3 Strength of insolvency framework index (0-16) in Kazakhstan and comparator economies Source: Doing Business database. Note: Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or reorganization), the economy receives 0 points for the strength of insolvency framework index, if time, cost and outcome indicators are recorded as “no practice”. Doing Business 2016 Kazakhstan 98 Table 11.3 Summary of data for the strength of insolvency framework index in Kazakhstan Answer Score Strength of insolvency framework index (0-16) 11.50 Commencement of proceedings index (0-3) 3.00 (a) Debtor may What procedures are available to a DEBTOR when commencing insolvency file for both 1.0 proceedings? liquidation and reorganization (a) Yes, a creditor Does the insolvency framework allow a CREDITOR to file for insolvency of may file for both 1.0 the debtor? liquidation and reorganization (a) Debtor is What basis for commencement of the insolvency proceedings is allowed generally unable 1.0 under the insolvency framework? to pay its debts as they mature Management of debtor's assets index (0-6) 6.00 Does the insolvency framework allow the continuation of contracts Yes 1.0 supplying essential goods and services to the debtor? Does the insolvency framework allow the rejection by the debtor of overly Yes 1.0 burdensome contracts? Does the insolvency framework allow avoidance of preferential Yes 1.0 transactions? Does the insolvency framework allow avoidance of undervalued Yes 1.0 transactions? Does the insolvency framework provide for the possibility of the debtor Yes 1.0 obtaining credit after commencement of insolvency proceedings? (b) Yes over ordinary Does the insolvency framework assign priority to post-commencement unsecured 1.0 credit? creditors but not over secured creditors Reorganization proceedings index (0-3) 0.50 Which creditors vote on the proposed reorganization plan? (a) All creditors 0.5 Does the insolvency framework require that dissenting creditors in reorganization receive at least as much as what they would obtain in a No 0.0 liquidation? Are the creditors divided into classes for the purposes of voting on the No 0.0 reorganization plan, does each class vote separately and are creditors in Doing Business 2016 Kazakhstan 99 Answer Score the same class treated equally? Creditor participation index (0-4) 2.00 Does the insolvency framework require approval by the creditors for Yes 1.0 selection or appointment of the insolvency representative? Does the insolvency framework require approval by the creditors for sale Yes 1.0 of substantial assets of the debtor? Does the insolvency framework provide that a creditor has the right to No 0.0 request information from the insolvency representative? Does the insolvency framework provide that a creditor has the right to No 0.0 object to decisions accepting or rejecting creditors' claims? Source: Doing Business database. Doing Business 2016 Kazakhstan 100 LABOR MARKET REGULATION Doing Business has historically studied the flexibility of regulations as well as secondary sources are reviewed to regulation of employment, specifically as it relates to the ensure accuracy. areas of hiring, working hours and redundancy. This year Doing Business has expanded the scope of the labor To make the data comparable across economies, several market regulation indicators by adding 16 new assumptions about the worker and the business are questions, most of which focus on measuring job quality. used. Over the period from 2007 to 2011 improvements were The worker: made to align the methodology for the labor market  Is a cashier in a supermarket or grocery store, regulation indicators (formerly the employing workers age 19, with one year of work experience. indicators) with the letter and spirit of the International  Is a full-time employee. Labour Organization (ILO) conventions. Ten of the 189  Is not a member of the labor union, unless ILO conventions cover areas now measured by Doing membership is mandatory. Business (up from four previously): employee The business: termination, weekend work, holiday with pay, night work,  Is a limited liability company (or the equivalent protection against unemployment, sickness benefits, in the economy). maternity protection, working hours, equal remuneration  Operates a supermarket or grocery store in the and labor inspections. economy’s largest business city. For 11 economies the data are also collected for the Between 2009 and 2011 the World Bank Group worked second largest business city. with a consultative group—including labor lawyers,  Has 60 employees. employer and employee representatives, and experts  Is subject to collective bargaining agreements if from the ILO, the Organisation for Economic Co- such agreements cover more than 50% of the operation and Development (OECD), civil society and the food retail sector and they apply even to firms private sector—to review the methodology for the labor that are not party to them. market regulation indicators and explore future areas of  Abides by every law and regulation but does not research. grant workers more benefits than those mandated by law, regulation or (if applicable) A full report with the conclusions of the consultative collective bargaining agreements. group, along with the methodology it proposed, is available on the Doing Business website at: http://www.doingbusiness.org/methodology/labor- market-regulation. Doing Business 2016 presents the data for the labor market regulation indicators in an annex. The report does not present rankings of economies on these indicators or include the topic in the aggregate distance to frontier score or ranking on the ease of doing business. Detailed data collected on labor market regulation are available on the Doing Business website (http://www.doingbusiness.org). The data on labor market regulation are based on a detailed questionnaire on employment regulations that is completed by local lawyers and public officials. Employment laws and Doing Business 2016 Kazakhstan 101 LABOR MARKET REGULATION What are the details? The data reported here for Kazakhstan are based on a Employment laws and regulations as well as secondary detailed survey of labor market regulation that is sources are reviewed to ensure accuracy. completed by local lawyers and public officials. Hiring Data on hiring cover five areas: (i) whether fixed-term wage to the average value added per worker (the ratio of contracts are prohibited for permanent tasks; (ii) the an economy’s GNI per capita to the working-age maximum cumulative duration of fixed-term contracts; population as a percentage of the total population), and (iii) the minimum wage for a cashier, age 19, with one (v) the availability of incentives for employers to hire year of work experience; (iv) the ratio of the minimum employees under the age of 25*. Hiring Data Fixed-term contracts prohibited for permanent tasks? No Maximum length of a single fixed-term contract (months) No limit - Art. 29, Labor Code, 2007 Maximum length of fixed-term contracts, including renewals (months) No limit Minimum wage applicable to the worker assumed in the case study 127.1 (US$/month) Ratio of minimum wage to value added per worker 0.1 Incentives for employing workers under age 25? No Source: Doing Business database. *A new question introduced in the Doing Business 2016 report for the first time. Doing Business 2016 Kazakhstan 102 LABOR MARKET REGULATION Working hours Data on working hours cover nine areas: i) the maximum and nonnursing women can work the same night hours number of working days allowed per week; (ii) the as men*; (vii) whether there are restrictions on weekly premium for night work (as a percentage of hourly pay); holiday work; (viii) whether there are restrictions on (iii) the premium for work on a weekly rest day (as a overtime work*; and (ix) the average paid annual leave percentage of hourly pay); (iv) the premium for overtime for workers with 1 year of tenure, 5 years of tenure, and work (as a percentage of hourly pay)*; (v) whether there 10 years of tenure. are restrictions on night work; (vi) whether nonpregnant Working Hours Data Maximum number of working days per week 6.0 Premium for night work (% of hourly pay) 50.0 Premium for work on weekly rest day (% of hourly pay) 100.0 Premium for overtime work (% of hourly pay) 50.0 Restrictions on night work? 0.0 Whether nonpregnant and nonnursing women can work the same night Yes hours as men Restrictions on weekly holiday? 0.0 Restrictions on overtime work? No Paid annual leave for a worker with 1 year of tenure (working days) 18.0 Paid annual leave for a worker with 5 years of tenure (working days) 18.0 Paid annual leave for a worker with 10 years of tenure (working days) 18.0 Paid annual leave (average for workers with 1, 5 and 10 years of tenure, in 18.0 working days) Source: Doing Business database. *A new question introduced in the Doing Business 2016 report for the first time. Doing Business 2016 Kazakhstan 103 LABOR MARKET REGULATION Redundancy rules Data on redundancy cover nine areas: (i) the length of whether the employer needs approval from a third party the maximum probationary period (in months) for to terminate one redundant worker; (vi) whether the permanent employees; (ii) whether redundancy is employer needs approval from a third party to terminate allowed as a basis for terminating workers; (iii) whether a group of nine redundant workers; (vii) whether the law the employer needs to notify a third party (such as a requires the employer to reassign or retrain a worker government agency) to terminate one redundant worker; before making the worker redundant; (viii) whether (iv) whether the employer needs to notify a third party to priority rules apply for redundancies; and (ix) whether terminate a group of nine redundant workers; (v) priority rules apply for reemployment. Redundancy rules Data Maximum length of probationary period (months) 3.0 Dismissal due to redundancy allowed by law? Yes Third-party notification if one worker is dismissed? Yes Third-party approval if one worker is dismissed? No Third-party notification if nine workers are dismissed? Yes Third-party approval if nine workers are dismissed? No Retraining or reassignment obligation before redundancy? Yes Priority rules for redundancies? No Priority rules for reemployment? No Source: Doing Business database. Doing Business 2016 Kazakhstan 104 LABOR MARKET REGULATION Redundancy cost Redundancy cost measures the cost of advance notice severance payments applicable to a worker with 1 year of requirements and severance payments due when tenure, a worker with 5 years and a worker with 10 years terminating a redundant worker, expressed in weeks of is considered. One month is recorded as 4 and 1/3 salary. The average value of notice requirements and weeks. Redundancy cost indicator (in salary weeks) Data Notice period for redundancy dismissal for a worker with 1 year of tenure 4.3 Notice period for redundancy dismissal for a worker with 5 years of tenure 4.3 Notice period for redundancy dismissal for a worker with 10 years of tenure 4.3 Notice period for redundancy dismissal (average for workers with 1, 5 and 10 years 4.3 of tenure) Severance pay for redundancy dismissal for a worker with 1 year of tenure 4.3 Severance pay for redundancy dismissal for a worker with 5 years of tenure 4.3 Severance pay for redundancy dismissal for a worker with 10 years of tenure 4.3 Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years 4.3 of tenure) Source: Doing Business database. Doing Business 2016 Kazakhstan 105 LABOR MARKET REGULATION Job quality Doing Business 2016 report presents, for the first time, on-the-job training at no cost to the employee; (viii) data on 12 job quality areas: (i) whether the law whether a worker is eligible for an unemployment mandates equal remuneration for work of equal value; protection scheme after one year of service; (ix) the (ii) whether the law mandates nondiscrimination based minimum duration of the contribution period (in months) on gender in hiring, (iii) whether the law mandates paid required for unemployment protection; (x) whether an or unpaid maternity leave; (iv) the minimum length of employee can create or join a union; (xi) the availability maternity leave in calendar days (minimum number of of administrative or judicial relief in case of infringement days that legally have to be paid by the government, the of employees’ rights; and (xii) the availability of a labor employer or both); (v) whether employees on maternity inspection system. If no maternity leave is mandated by leave receive 100 % of wages; (vi) the availability of five law, parental leave is measured if applicable. fully paid days of sick leave a year; (vii) the availability of Job Quality Data Equal remuneration for work of equal value? No Gender nondiscrimination in hiring? Yes Paid or unpaid maternity leave mandated by law? Yes Minimum length of maternity leave (calendar days)? 126.0 Receive 100% of wages on maternity leave? Yes Five fully paid days of sick leave a year? Yes On-the-job training? Yes Unemployment protection after one year of employment? Yes Minimum contribution period for unemployment protection (months)? 0.0 Can employee create or join union? Yes Administrative or judicial relief for infringement of employees' rights? Yes Labor inspection system? Yes Source: Doing Business database. Doing Business 2016 Kazakhstan 106 DISTANCE TO FRONTIER AND EASE OF DOING BUSINESS RANKING Doing Business presents results for two aggregate even though it is no longer at the frontier in a measures: the distance to frontier score and the ease of subsequent year. doing business ranking, which is based on the distance For scores such as those on the strength of legal rights to frontier score. The ease of doing business ranking index or the quality of land administration index, the compares economies with one another; the distance to frontier is set at the highest possible value. For the total frontier score benchmarks economies with respect to tax rate, consistent with the use of a threshold in regulatory best practice, showing the absolute distance calculating the rankings on this indicator, the frontier is to the best performance on each Doing Business defined as the total tax rate at the 15th percentile of the indicator. When compared across years, the distance to overall distribution for all years included in the analysis frontier score shows how much the regulatory up to and including Doing Business 2015. For the time to environment for local entrepreneurs in an economy has pay taxes the frontier is defined as the lowest time changed over time in absolute terms, while the ease of recorded among all economies that levy the three major doing business ranking can show only how much the taxes: profit tax, labor taxes and mandatory regulatory environment has changed relative to that in contributions, and value added tax (VAT) or sales tax. For other economies. the different times to trade across borders, the frontier is Distance to Frontier defined as 1 hour even though in many economies the time is less than that. The distance to frontier score captures the gap between an economy’s performance and a measure of best In the same formulation, to mitigate the effects of practice across the entire sample of 36 indicators for 10 extreme outliers in the distributions of the rescaled data Doing Business topics (the labor market regulation for most component indicators (very few economies indicators are excluded). For starting a business, for need 700 days to complete the procedures to start a example, the former Yugoslav Republic of Macedonia business, but many need 9 days), the worst performance and New Zealand have the smallest number of is calculated after the removal of outliers. The definition procedures required (1), and New Zealand the shortest of outliers is based on the distribution for each time to fulfill them (0.5 days). Slovenia has the lowest component indicator. To simplify the process two rules cost (0.0), and Australia, Colombia and 103 other were defined: the 95th percentile is used for the economies have no paid-in minimum capital indicators with the most dispersed distributions requirement (table 14.1 in the Doing Business 2016 (including minimum capital, number of payments to pay report). taxes, and the time and cost indicators), and the 99th percentile is used for number of procedures. No outlier is Calculation of the distance to frontier score removed for component indicators bound by definition Calculating the distance to frontier score for each or construction, including legal index scores (such as the economy involves two main steps. In the first step depth of credit information index, extent of conflict of individual component indicators are normalized to a interest regulation index and strength of insolvency common unit where each of the 36 component framework index) and the recovery rate (figure 14.1). indicators y (except for the total tax rate) is rescaled In the second step for calculating the distance to frontier using the linear transformation (worst − y)/(worst − score, the scores obtained for individual indicators for frontier). In this formulation the frontier represents the each economy are aggregated through simple averaging best performance on the indicator across all economies into one distance to frontier score, first for each topic since 2005 or the third year in which data for the and then across all 10 topics: starting a business, dealing indicator were collected. Both the best performance and with construction permits, getting electricity, registering the worst performance are established every five years property, getting credit, protecting minority investors, based on the Doing Business data for the year in which paying taxes, trading across borders, enforcing contracts they are established, and remain at that level for the five and resolving insolvency. More complex aggregation years regardless of any changes in data in interim years. methods—such as principal components and Thus an economy may set the frontier for an indicator unobserved components—yield a ranking nearly Doing Business 2016 Kazakhstan 107 identical to the simple average used by Doing Business . The nonlinear transformation is not based on any 4 Thus Doing Business uses the simplest method: economic theory of an “optimal tax rate” that minimizes weighting all topics equally and, within each topic, giving distortions or maximizes efficiency in an economy’s equal weight to each of the topic components . overall tax system. Instead, it is mainly empirical in 5 nature. The nonlinear transformation along with the An economy’s distance to frontier score is indicated on a threshold reduces the bias in the indicator toward scale from 0 to 100, where 0 represents the worst economies that do not need to levy significant taxes on performance and 100 the frontier. All distance to frontier companies like the Doing Business standardized case calculations are based on a maximum of five decimals. study company because they raise public revenue in However, indicator ranking calculations and the ease of other ways—for example, through taxes on foreign doing business ranking calculations are based on two companies, through taxes on sectors other than decimals. manufacturing or from natural resources (all of which are The difference between an economy’s distance to outside the scope of the methodology). In addition, it frontier score in any previous year and its score in 2015 acknowledges the need of economies to collect taxes illustrates the extent to which the economy has closed from firms. the gap to the regulatory frontier over time. And in any Calculation of scores for economies with 2 cities given year the score measures how far an economy is covered from the best performance at that time. For each of the 11 economies in which Doing Business Treatment of the total tax rate collects data for the second largest business city as well The total tax rate component of the paying taxes as the largest one, the distance to frontier score is indicator set enters the distance to frontier calculation in calculated as the population-weighted average of the a different way than any other indicator. The distance to distance to frontier scores for these two cities (table frontier score obtained for the total tax rate is 13.1). This is done for the aggregate score, the scores for transformed in a nonlinear fashion before it enters the each topic and the scores for all the component distance to frontier score for paying taxes. As a result of indicators for each topic. the nonlinear transformation, an increase in the total tax rate has a smaller impact on the distance to frontier score for the total tax rate—and therefore on the distance to frontier score for paying taxes—for economies with a below-average total tax rate than it would have had before this approach was adopted in Doing Business 2015 (line B is smaller than line A in figure 14.2 of the Doing Business 2016 report). And for economies with an extreme total tax rate (a rate that is very high relative to the average), an increase has a greater impact on both these distance to frontier scores than it would have had before (line D is bigger than line C in figure 14.2 of the Doing Business 2016 report). 4 See Djankov, Manraj and others (2005). Principal components and unobserved components methods yield a ranking nearly identical to that from the simple average method because both these methods assign roughly equal weights to the topics, since the pairwise correlations among indicators do not differ much. An alternative to the simple average method is to give different weights to the topics, depending on which are considered of more or less importance in the context of a specific economy. 5 For getting credit, indicators are weighted proportionally, according to their contribution to the total score, with a weight of 60% assigned to the strength of legal rights index and 40% to the depth of credit information index. Indicators for all other topics are assigned equal weights Doing Business 2016 Kazakhstan 108 Table 13.1 Weights used in calculating the distance to implemented regulatory reforms making it easier to do frontier scores for economies with 2 cities covered business in 3 or more of the 10 topics included in this year’s aggregate distance to frontier score. Changes Economy City Weight (%) making it more difficult to do business are subtracted Dhaka 78 Bangladesh from the total number of those making it easier to do Chittagong 22 São Paulo 61 business. Twenty-four economies meet this criterion: Brazil Armenia; Azerbaijan; Benin; Costa Rica; Côte d’Ivoire; Rio de Janeiro 39 Shanghai 55 Cyprus; Hong Kong SAR, China; Indonesia; Jamaica; China Beijing 45 Kazakhstan; Kenya; Lithuania; Madagascar; Mauritania; Mumbai 47 Morocco; Romania; the Russian Federation; Rwanda; India Delhi 53 Senegal; Togo; Uganda; the United Arab Emirates; Jakarta 78 Uzbekistan; and Vietnam. Second, Doing Business sorts Indonesia Surabaya 22 these economies on the increase in their distance to Tokyo 65 Japan frontier score from the previous year using comparable Osaka 35 data. Mexico City 83 Mexico Monterrey 17 Selecting the economies that implemented regulatory Lagos 77 reforms in at least three topics and had the biggest Nigeria Kano 23 improvements in their distance to frontier scores is Karachi 65 intended to highlight economies with ongoing, broad- Pakistan Lahore 35 based reform programs. The improvement in the Moscow 70 Russian Federation distance to frontier score is used to identify the top St. Petersburg 30 New York 60 improvers because this allows a focus on the absolute United States improvement—in contrast with the relative improvement Los Angeles 40 Source: United Nations, Department of Economic and Social shown by a change in rankings—that economies have Affairs, Population Division, World Urbanization Prospects, made in their regulatory environment for business. 2014 Revision. http://esa.un.org/unpd/wup/CD- ROM/Default.aspx. Ease of Doing Business ranking Economies that improved the most across 3 or more Doing Business topics in 2014/15 The ease of doing business ranking ranges from 1 to 189. The ranking of economies is determined by sorting the Doing Business 2016 uses a simple method to calculate aggregate distance to frontier scores, rounded to 2 which economies improved the ease of doing business decimals. the most. First, it selects the economies that in 2014/15 Doing Business 2016 Kazakhstan 109 Doing Business 2016 Kazakhstan 110 RESOURCES ON THE DOING BUSINESS WEBSITE Current features Law library News on the Doing Business project Online collection of business laws and regulations http://www.doingbusiness.org relating to business http://www.doingbusiness.org/law-library Rankings How economies rank—from 1 to 189 Contributors http://www.doingbusiness.org/rankings More than 11,400 specialists in 189 economies who participate in Doing Business Data http://www.doingbusiness.org/contributors/doing- All the data for 189 economies—topic rankings, business indicator values, lists of regulatory procedures and details underlying indicators Entrepreneurship data http://www.doingbusiness.org/data Data on business density (number of newly registered companies per 1,000 working-age Reports people) for 136 economies Access to Doing Business reports as well as http://www.doingbusiness.org/data/exploretopics/ent subnational and regional reports, case studies and repreneurship customized economy and regional profiles http://www.doingbusiness.org/reports Distance to frontier Data benchmarking 189 economies to the frontier Methodology in regulatory practice and a distance to frontier The methodologies and research papers underlying calculator Doing Business http://www.doingbusiness.org/data/distance-to- http://www.doingbusiness.org/methodology frontier Research Information on good practices Abstracts of papers on Doing Business topics and Showing where the many good practices identified related policy issues by Doing Business have been adopted http://www.doingbusiness.org/research http://www.doingbusiness.org/data/good-practice Doing Business reforms Short summaries of DB2016 business regulation reforms and lists of reforms since DB2008 http://www.doingbusiness.org/reforms Historical data Customized data sets since DB2004 http://www.doingbusiness.org/custom-query Doing Business 2016 Kazakhstan 111