The rapid spread of the new COVID-19 virus is forcing countries all around the world to develop measures not only in terms of combating the virus’s effect on public health, but also to prevent its negative impact on the economic and social life of society.
GRATA International offices are monitoring the current situation and proceeding from the needs of customers and partners. As such, we have created the COVID-19 legal assistance center to resolve issues relating to the legal consequences of the pandemic.
In this section, you can find a number of practical guides, presented in the form of articles, comments on adopted laws, etc.
Some of the immediate changes, which we regard in various fields of law include:
- Problems in the execution of contracts.
- Trade, customs, logistics, transportation and supply chain issues.
- Issues of corporate governance, bankruptcy.
- The impact of the pandemic on labor issues.
- Insurance issues.
- Tax issues.
- Issues of judicial review of the rules on force majeure.
- Issues to do with responding to the crisis and suggesting possible ways to reduce its legal consequences for business.
GRATA International will help you answer any legal questions concerning your business. Please contact the COVID-19 Legal Assistance Center in your jurisdiction (key contacts presented in the right block) or at firstname.lastname@example.org.
According to the latest update on national statistics, the Mongolian economy has shrunk by 10,7% in connection with the pandemic. The primary condition for the shrink is the decrease in the export of coal, copper and zinc concentrate, and oil due to declining demand for mineral resources in connection with the slowdown of Chinese economy, as the dependence from China is substantial.
The Decision #256 of the Cabinet of Ministers of the Republic of Azerbaijan dated July 17, 2020 proclaims an extension of the special quarantine regime in the territory of the Republic of Azerbaijan.
Due to the worsening situation of the coronavirus pandemic and the increase in the number of coronavirus cases, the Special Republican Commission on Combating Coronavirus (the "Commission") has decided to strengthen the approved quarantine measures from 10th of July to 1st of August.
The Decision #220 of the Cabinet of Ministers of the Republic of Azerbaijan dated June 25, 2020, amends some provisions of the Decision #208 of the Cabinet of Ministers “On additional measures to tighten the special quarantine regime in Baku, Sumgayit, Ganja, Lankaran, Yevlakh, Masalli, Jalilabad cities, and Absheron region” dated June 19, 2020.
The Decision #207 of the Cabinet of Ministers of the Republic of Azerbaijan dated June 19, 2020 proclaims an extension of the special quarantine regime in the territory of the Republic of Azerbaijan.
The Decision #195 of the Cabinet of Ministers of the Republic of Azerbaijan dated June 09, 2020 defines an extension of the special quarantine regime in the territory of the Republic of Azerbaijan.
Under this Decision, the special quarantine regime in the country has been extended until July 01, 2020.
Decision #176 of the Cabinet of Ministers of the Republic of Azerbaijan dated May 15, 2020, lifts some restrictions applied in connection with the special quarantine in the country. Under this Decision, the following restrictions shall be lifted starting from 18 May 2020 on the territory of the Republic of Azerbaijan:
According to the Decision #163 of the Cabinet of Ministers of the Republic of Azerbaijan “On prolongation of the special quarantine regime in the territory of the Republic of Azerbaijan and removal of some restrictions related to that regime” dated May 01, 2020, the special quarantine regime in the territory of the country has been extended until May 31, 2020.
According to the amendments, an additional “3.3-1” article will be added to the Law. As per this Article, for individuals engaged in seasonal work on the basis of civil contracts directly related to the production of agricultural products, the maximum limit of the amount that can be paid in cash per day for each such individual shall be set at AZN 20. This amount shall not be included in the cash transaction limit defined by Article 3.3 of this Law.
The Decision #163 of the Cabinet of Ministers of the Republic of Azerbaijan dated May 01, 2020 defines an extension of the special quarantine regime in the territory of Azerbaijan and removal of some restrictions applied in connection with this regime.
On April 23, 2020, the Management Board of the Central Bank of Azerbaijan adopted a decision “on additional measures to support individuals and entrepreneurs amid coronavirus pandemic”.
The Decree #144 of the Cabinet of Ministers of the Republic of Azerbaijan dated April 18, 2020 extended the special quarantine regime applied in the country until May 4, 2020.
According to the Decision #6 of the Supreme Court of the Republic of Azerbaijan, dated April 23, 2020, all courts are recommended to:
The Decision #147 of the Cabinet of Ministers of the Republic of Azerbaijan dated April 24, 2020, lifts some restrictions on the special quarantine regime in the country. As per the Decision, the following restrictions shall be lifted starting from 27 April 2020 on the territory of the Republic of Azerbaijan:
The Decree #1950 of the President of the Republic of Azerbaijan dated March 19, 2020 regulates a number of measures to reduce the negative impact of the coronavirus pandemic (COVID-19) and, as a result, sharp fluctuations in world energy and stock markets for the economy of the Republic of Azerbaijan, macroeconomic stability, employment and entrepreneurship.
World Health Organization has characterized the outbreak of COVID-19 infection as a pandemic. More and more countries are closing borders, restricting people’s movement, banning public gatherings, and controlling trade. Such measures have already hit hard tourism, air transportation, hospitality services. Other business sectors are expected to suffer in the coming weeks and months.
The Law of the Republic of Kazakhstan On Rehabilitation and Bankruptcy provides for the main three procedures for resolving insolvency:
The Cabinet of Ministers of the Republic of Azerbaijan adopted Action Plan in accordance with the paragraph 10.2 of the Order #1950 of the President of the Republic of Azerbaijan dated March 19, 2020.
On 3 April 2020, the Council of the Eurasian Economic Commission adopted the following decisions related to the distribution of COVID-19
On 25 March 2020, a state of emergency has been introduced in order to protect the lives and health of citizens, their safety and public order and to prevent the spread of coronavirus infection in the cities of Bishkek, Osh and Jalal-Abad as well as Nookat and Kara-Suu districts of Osh province and Suzak district of Jalal-Abad province
The Presidential Decree No.UP-5969 “On Priority Measures to mitigate the negative impact of the coronavirus pandemic and the global crisis phenomenon” dated March 19, 2020, provides for a number of measures to ensure the smooth operation of industries and economic sectors, to stimulate foreign economic activity and effective social community support. The main measures to achieve the above goals are as follows:
In accordance with Labour Code of the Republic of Uzbekistan dated December 21, 1995 (the “Labour Code”), labour leave can be paid and unpaid. Please note that paid leave can be provided to employee only with his/her explicit consent upon the written request.
On 2 April 2020, the order of Minister of Agriculture of Kazakhstan established quotas and temporary limits on the export of certain types of food products for a period up to 1 September 2020.
In accordance with the document, export of goods without providing a guarantee payment with existing outstanding receivables not exceeding 10 percent of total export cost for the reporting year is allowed.
In connection with the pandemic triggered by the spread of the COVID-19 virus (coronavirus) in the world and for mitigation of the negative impact on the economy, the Government of the Republic of Uzbekistan adopted a number of decisions for introducing a force majeure mode for business in the country.
Additional measures have been taken by the Task Force under the Cabinet of Ministers in order to prevent the spread of COVID-19 in the Republic of Azerbaijan. The Task Force released the following information, effective as of March 31, 2020:
The BelCCI considers that COVID-19 or the epidemic and pandemic that arose in connection with it are not force-majeure circumstances in themselves; however, if restrictive and other measures aimed to prevent the spread of COVID-19 and its consequences arose after specific contracts were concluded, such measures may be considered as force majeure circumstances.
The special quarantine regime has been strengthened
Task Force under the Cabinet of Ministers released information on additional measures with respect to the coronavirus. According to the information, effective as of 29 March 2020:
At its irregular meeting on 27 March 2020, the Government Cabinet approved a resolution to implement following measures to support the taxpayers during higher level of readiness (it is a type of emergency condition under the Law on Protecting from Disaster) due to spread of Covid19 in Mongolia:
On 27 March 2020 the Eurasian Economic College and Council adopted the following decisions:
- Until 30 September 2020, exempt goods imported into the EAEU from the import duty in order to implement measures aimed at preventing the spread of coronavirus infection, including such goods as medical masks, equipment, bandages, stretchers, reagents and other goods, according to the approved to the list
On 27 March 2020 under the adopted Resolution the Government of the Republic of Kazakhstan took additional measures to support taxpayers in view of the state of emergency in the country, namely
In connection with the declaration of the state of emergency in Kazakhstan, the Government has been taken the following measures regarding customs regulation:
- A “green corridor” has been opened for the import of socially significant products: the main importers of socially significant goods are exempted from applying customs control forms during clearance;
How to register a sick leave during state of emergency in the Kyrgyz Republic? What is the amount of benefits for temporary disability? Can citizens get tested for coronavirus? The answers for these and other questions are provided by the lawyer of Bishkek office of GRATA International, Aidar Oruzbaev.
In accordance with Article 1.2 of Appendix of the Regulation No A/121 on Procedure to issue a Certificate on force majeure and hardship by the Chairman of Mongolian National Chamber of Commerce and Industry(hereinafter “the Chamber”) dated 24 January 2020, a force majeure means the parties are unable to implement their contractual obligation due to the following obstacles which are beyond the reasonable control of parties, unforeseeable circumstances and cannot be predicted, prevent or overcome by scientific and technological achievement.
The procedure for introducing changes to the employment contract is regulated by Article 33.2 of the Labour Code of the Republic of Kazakhstan (hereinafter – the “Labour Code”). Article 33 provides that along with the addendum, the employee should also receive a notice. The employee has the right to inform the employer of his/her consent or otherwise to the transfer within five (5) business days after the receipt of the notice.
The rapid spread of the new COVID-19 virus on the planet makes the government develop measures not only to combat the spread of its manifestations in the sanitary and epidemiological area but also prevent its negative impact on the economic and social aspects in the society.
In addition to the previous review please be informed that on 21 March 2020 was published the Decree of the Republic of Kazakhstan dated 20 March 2020 No.126 «On measures to implement the Decree of the President of the Republic of Kazakhstan dated March 16, 2020 No. 287»
The afore-mentioned global threats as well as the devaluation of the national currency have raised a number of questions for the employers of the Russian Federation that require an immediate response and decisive action.
Coronavirus, global drop in oil prices, devaluation of the national currency have caused a number of questions for the employers of the Republic of Kazakhstan that shall be addressed immediately.
In a view of imposing the state of emergency in the country from 16 March to 15 April 2020 on 17 March 2020 the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan announced that the following measures have been taken to support taxpayers for this period.
On 15 March 2020, the President of Kazakhstan (“RK”), K.K. Tokayev, signed a decree introducing state of emergency in Kazakhstan (“SE”) from 16 March to 15 April 2020. The decree is likely to cause contractual defaults, termination of contracts, sanctions, losses and litigation/arbitration in Kazakhstan and possibly abroad.
Due to the current situation with COVID-19, GRATA International is imposing temporary restrictions on overseas business trips for our staff and asking that they work from home.
Moldovan state banking regulators issued only statements instructing financial institutions how to work with clients impacted by COVID-19/coronavirus and avoid contamination but nothing about: how to get ready for potential events of default?