ABOUT US
— Pax quaerenda est!
SGA was founded in 2008 by a group of leading Kazakhstan lawyers with extensive experience in Kazakh and International law.
Many of SGA lawyers have background experience of working for leading international law firms. Currently, SGA actively provides legal services in Astana, Almaty and Caspian Sea region with established headquarter in Almaty.
SGA Practice includes:
- Litigation/Administrative procedures;
- Assessment of legal risks;
- Subsoil use, Energy and Environment;
- Anti-Corruption/Foreign Corrupt Practice (FCPA);
- Customs law;
- Labor law and labor litigation;
- Enforcement of Court Decisions;
- Taxes, International taxation and Tax structuring;
- Business law (Civil law);
- Corporate law and M&A;
- Engineering and Construction Law, EPC Contracts;
- Antitrust;
- Investment;
- Real estate;
- International Commercial Arbitration.
Our primary approach is to represent client’s interest proactively and resolve disputes before they go to court and arbitration. SGA lawyers are acting arbitrators in leading commercial arbitration courts in the Republic of Kazakhstan, who provided legal advice to the government of Kazakhstan on specific subject matters, such as the establishment of commercial arbitration in securities market. SGA lawyers also acted as experts on Kazakh law in International Commercial Arbitrations abroad.
SGA lawyers have qualification and are Members of the Chartered Institute of Arbitrators (MCIA), apper on the MCIA List of Recommended Arbitrators-Experts for participation in international arbitration disputes.
SGA operates with a focus on provision of result-oriented services. SGA's activity follows its concept as a company providing "global advice" (well-rounded support) which implies rendering full scope of legal aid by SGA to its clients not only under specific projects but also through regular support on all business operations. Each of our clients is served by an effective team of qualified legal professionals with specific expertise tailored to client’s needs.
SGA lawyers are fluent in Russian, Kazakh and English.
OUR SERVICES
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Litigation / Administrative procedures
SGA lawyers represent clients in tax, business, customs, land and administrative disputes. For this purpose, SGA has a team of highly qualified lawyers experienced in representing and defending clients in the courts of the Republic of Kazakhstan of all levels: local trial courts, regional and city courts, appellate and cassation courts, specialized economic and administrative courts of the Republic of Kazakhstan, and the Supreme Court of the Republic of Kazakhstan.
We have experience in representing our clients in pre-trial settlement procedures on tax and customs disputes with Kazakhstan tax and customs authorities, as well as with law enforcement authorities in criminal or administrative proceedings resulting from additional tax assessments.
SGA lawyers represented clients in disputes arising from property and ownership rights and various contractual relations, investment activities and subsoil use, as well as labor and antimonopoly controversies. Our lawyers provide services at the stage of enforcement of court rulings and arbitral awards in the Republic of Kazakhstan.
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Assessment of legal risks
SGA provides advice to its Clients to identify and eliminate or minimize the existing risks, and determine potential risks arising from the general course of Clients' business. SGA analyzes and generates recommendations based on various aspects and particlulars of the Clients' activity, and offers comprehensive solutions to minimize legal and tax impacts of the risks.
In the legal practice of SGA this type of service is highlighted as a separate self-direction and is one of the most sought-for the Clients. According to SGA’s practice, the demand for services in this area is primarily determined by the fact that the Clients receive advice and recommendations for dealing with negative effects that have already occurred. In such cases, the Client is usually limited in time and needs to come up with an effective solution that would meet all requirements of the law and minimize or eliminate such effects. Extensive practical experience, professionalism and mobility of SGA team predetermined its successful practice, and highly appreciated by our Clients.
SGA lawyers always make account of the specifics of the Clients' business and particulars of each situation, resulting effects of a problem and overall interests of the Client. SGA exercises an integrated approach to risk assessment and determination of the negative consequences that have arisen or may arise with the Client under specific circumstances. This approach allows us to assess the risks in the aggregate, including administrative, legal and tax risks, which are always interrelated and should be considered together for effective problem solving.
For these purposes SGA team consists of the leading and most experienced lawyers and experts in the areas of accounting and taxes, which is specifically formed depending on perculiarities and nature of risks, to achieve the most effective solution for the Client.
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Subsoil use, Energy and Environment
SGA provides legal, regulatory and transactional guidance to clients engaged both in mining, oil and gas exploration, production and delivery of traditional and alternative fuels throughout the Caspian region. Our lawyers with experience in regulatory compliance issues assist domestic and foreign business clients in complying with applicable statutory and regulatory requirements of national regulations and international treaties.
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Anti-Corruption/Foreign Corrupt Practices FCPA
SGA has extensive experience in providing advice and defending clients with regards to application of Kazakhstan anti-corruption law, FCPA and other international anti-corruption laws.
Our lawyers have represented clients in all aspects of Kazakhstan anti-corruption law, including internal FCPA and Kazakhstan anti-corruption compliance reviews and investigations.
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Customs law
SGA represent clients in investigations carried out by customs authorities and in customs disputes, including filing of appeals against actions of customs authorities, customs duty notifications and other customs acts. To this end, we have a team of practicing lawyers that specialize in representing and protecting client before custom authorities and in courts of all instances of the Republic of Kazakhstan.
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Labor law and Resolution of Labor Disputes
SGA provides advice on issues of labor legislation and documentation of labor relations, including rotational shifts and recruitment of foreign nationals. We prepare full package of relevant internal documents, such as employment agreements, job descriptions and employment policies for our clients to ensure that their labor practices are in compliance with applicable labor laws.
SGA lawyers are members of the Working Group that develops legislation and provide legal advice on recruitment of foreign labor in Kazakhstan.
Our lawyers have experience in resolving labor disputes and conflicts in out-of-court proceedings and representing clients in negotiations with trade unions on collective labor contracts. SGA also represents clients in the courts of the Republic of Kazakhstan if out-of-court agreements are not reached.
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Enforcement of Court Decisions
SGA represents clients during all stages of court enforcement. For this purpose, SGA have associates who have previously worked as bailiffs, and have extensive enforcement experience. We apply all legal actions to reach solutions in the most efficient manner.
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Taxes, International Taxation and Tax Structuring
SGA lawyers provide legal advice on all Kazakhstan and international taxation issues, including application of double taxation treaties and tax structuring. The experience of our lawyers in tax litigations allows us to advice taking into account the existing practice in the application of tax laws by courts and tax authorities of the Republic of Kazakhstan.
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Business law (Civil law)
SGA lawyers are qualified and provide legal advice and support in negotiating and execution of civil transaction related to land, licensing, leasing, customs and currency control, IP rights protection, anti-monopoly and investment legislation, and any other matters arising in the course of relevant business operations.
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Corporate law, Mergers and Acquisitions
SGA lawyers have experience in establishing joint ventures, facilitating corporate restructurings for mergers and acquisitions of Kazakhstan companies, as well as in liquidations and bankruptcies. SGA lawyers have performed “due diligence” on behalf of several foreign investors in the oil and gas, telecommunications and industrial sectors in Kazakhstan.
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International Commercial Arbitration
SGA lawyers have solid experience in representing clients that are subject to the international public law and international commercial arbitration.
SGA lawyers have served as experts on Kazakh law in leading international commercial arbitrations and international procedures in foreign countries, which unequivocally confirm the ability of SGA court lawyers to handle difficult court procedures in different jurisdictions.
Some of SGA lawyers are the members of Chartered Institute of Arbitrators and were awarded “Best team of lawyers of the Republic of Kazakhstan in International Arbitration” (Lawyers, Academics & Consultants Awards 2009).
SGA’s court and arbitration practice demonstrates that economic interests of SGA’s clients increasingly go beyond the Kazakhstan jurisdiction. With that in mind and in order to provide wide-reaching support to its clients, SGA, within the International Global Legal Network “Prae Legal”, closely cooperates with leading law firms from 150 countries, including Russia, Tajikistan, Kyrgyzstan, Switzerland, Netherland, Italy, Singapore, China, Turkey, Luxemburg and other countries.
MANAGEMENT
— Quod quisquis norit in hoc se exerceat!
SGA was founded in 2008 by a group of leading Kazakhstan lawyers with extensive experience in Kazakh and International law. Many of SGA lawyers have background experience of working for leading international law firms.
SGA lawyers are qualified and advise on all matters of various types with shares, creation of effective corporate structures and minimization of the risks for business, licensing, leasing, customs and currency control, IP rights protection, anti-monopoly legislation and any other matters arising in the course of business.
SGA lawyers are the Members of the Chartered Institute of Arbitrators (MCIA), appear on the MCIA List of Recommended Arbitrators-Experts for participation in international arbitration disputes. The MCIArb degree is recognized by leading European Institutes as a confirmation of high level of professional status.
Dauren Uzakov, Ph.D.
Dauren Uzakov is the Partner and successfully leads SGA's legal practice in administrative law. He holds a PhD and has published articles on constitutional and administrative law.
Dauren Uzakov’s practice is focused on representing clients in administrative cases with respect to tax and customs matters, anti-monopoly legislation, migration policy and other disputes with governmental authorities of the Republic of Kazakhstan.
Dauren Uzakov is fluent in Kazakh and Russian which enables him to represent clients and manage cases in two languages. The great practice of Dauren Uzakov, his business reputation and the authority can be viewed SGA' activities as one of the most successful in the region.
Aselina Tulegenova, MCIArb
Aselina Tulegenova joined SGA in April, 2008 as Senior Attorney and later on as General Director. Ms. Tulegenova’s has 16 years of legal experience. Prior to her joining SGA, she had seven years’ practice as an attorney with one of the leading international law firms.
Aselina Tulegenova's practice includes consulting in subsoil legislation, corporate law, investment law, tax and customs law, and also labor disputes. She has acted as general counsel for several multinational oil and gas services companies in Caspian region.
Aselina Tulegenova has extensive litigation and arbitration experience in the courts of the Republic of Kazakhstan, including the Supreme Court. She published a number of papers on subsoil use and labor relations.
Aselina Tulegenova is also a Member of Kazakhstan Petroleum Lawyers’ Association, arbitrator of International Commercial Arbitration Court of the Eurasian Mediation Center (ICAC).
She is also a Member of Kazakhstan Petroleum Lawyers’ Association and Kazakhstan Bar Association.
Aselina Tulegenova is fluent in English and Russian.
Zhanar Kassymbekova, MCIArb
Zhanar Kassymbekova joined SGA in 2010 as the Partner for Corporate Law, M&A and International Commercial Arbitration and later as Managing Partner.
Ms. Kassymbekova has over 20 years of legal experience in leading international law firms, with 12 years of senior managerial responsibility and headed separate areas of legal practice in Kazakhstan.
Ms. Kassymbekova advises clients on corporate, tax and customs laws, as well as on issues related to energy and subsoil use, antimonopoly regulation, securities markets, M&A and other practices in Kazakhstan.
Being a leading legal expert on taxation, Zhanar Kassymbekova successfully represents clients at the government bodies of the Republic of Kazakhstan, including tax and customs authorities, financial police and prosecutor's office on all matters associated with taxation. Zhanar Kassymbekova authored a number of publications on international taxation.
In 2009 Zhanar Kassymbekova was awarded the ”International Arbitration Team of the Year”( Lawyers, Academics & Consultants Award 2009) as the best lawyer of the year in the field of international arbitration. Zhanar Kassymbekova is a Member of Chartered Institute of Arbitrators (MCIArb), Arbitrator of International Commercial Arbitration Court of the Eurasian Mediation Center (ICAC).
She is a Member of Kazakhstan Petroleum Lawyers’ Association.
She is a Member of Management Body of Kazakhstan Bar Association.
Zhanar Kassymbekova is fluent in Russian and English.
EXPERTS
In its litigation and arbitration practice SGA represent clients in different categories of disputes. Some disputes inherently require involvement of experts with special scientific knowledge needed to provide a qualified opinion on certain issues.
For these purposes SGA cooperates with the independent experts (“SGA Experts”) for provision of a joint expert advice or involves them as independent experts/specialists in connection with issues which require special knowledge or may arise during court or arbitration proceedings.
All SGA Experts have substantial experience in providing independent expert advice/opinion, including for international arbitration, hold scientific degrees of “Doctor of Science” and are widely known to the world scientific community. Conclusions/expert consultations of SGA Experts, their status and academic knowledge, have significant value and highly appreciated in dispute resolution proceedings, both in Kazakhstan and abroad.
In the course of disputes in courts of both Kazakhstan and foreign jurisdictions, and international arbitration proceedings, Lawyers and Experts are efficiently involved and provide expert conclusions/consultations on various issues of Kazakhstan law, including tax and international taxation, environment, agriculture, subsoil use and construction in the oil and gas industries.
Jurisdictions
— Dura lex, sed lex!
On the territory of the Republic of Kazakhstan, SGA provides legal services and support to foreign investors who are planning or already have business activity in Kazakhstan. On all issues that require the application of Kazakh and foreign law, including cross-border transactions and their execution, recognition and execution of arbitral awards and acts of foreign courts in the territory of Kazakhstan and / or a foreign state, SGA closely cooperates and has partners’ relations with our colleagues in the following jurisdictions:
PRACTICE
— Ad impossibilia lex non cogit!
Representing interests of foreign companies in subsoil exploration in the Caspian Region during tax and customs audits.
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Representing interests of major subsoil explorers of Caspian Region in the courts of all instances of the Republic of Kazakhstan, including the Supreme Court of Kazakhstan, tax and customs authorities, on tax and customs disputes, construction disputes.
Amounts of disputes: USD 111 million, USD 46 million, USD 20 million, USD 6.2 million, USD 4.5 million.
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Representing interests of foreign companies in disputes regarding the debt recovery.
Amount of dispute: over USD 450 million.
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Representing clients’ interests in the enforcement of foreign arbitration award in Kazakhstan.
Value of award: USD 2 million.
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Representing clients’ interests during court enforcement issues.
Value of the enforcement actions: USD 8 million, USD 7 million, USD 3 million.
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Representing interests of major industrial companies in economic and construction disputes in the courts of Kazakhstan.
Amounts of disputes: USD 6.5 million; USD 2.7 million; USD 1.5 million; to USD 1 million.
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Sale and purchase transactions of shares in Kazakhstani legal entities, including sale and purchase transactions in major property complex.
Amounts of the transaction: over USD 7 million.
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Legal support of transactions and due diligence of the companies - Subsoil Users, companies doing business in Renewable Energy, Construction, Agriculture and etc. for the purpose of acquisition, investment and/or financing and admission to listing.
Amounts of the transactions: USD 8 million, USD 20 million, USD 78 million, USD 150 million, USD 350 million, USD 600 million.
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Representing interests of major employers in labor disputes in the courts of Kazakhstan.
Amounts of disputes: up to USD 11 million.
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Representing interests of individual and legal entities in courts in disputes related to land and real estate.
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Key participants in the Working Group for developing laws on taxation, tax courts development, insurance market and lottery activity.
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Representing interests of major Kazakh companies-creditors in bankruptcy procedures and liquidation of its debtors.
Amount of the debt: to USD 3.2 million.
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Legal support of the projects, drafting documents, regulations and agreements in the sphere of intellectual property: cinematography, media profiles in education and science sector .
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Legal support of EPC Contracts (FIDIC) and contracts on construction of strategically important facilities and associated infrastructure objects in Kazakhstan.
Value of the contracts: over USD 46 million.
OTHER
CONTACTS
— Dolus an virtus quis in hoste requirat?
Office 401», Block 1 A, Nurly Tau BC,
5 Al-Farabi ave.,
Almaty, 050059,Republic of Kazakhstan