About. Contacts. The real estate boutique law firm Artyushenko & Partners was founded in Kazakhstan in 2005.

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1 About The real estate boutique law firm Artyushenko & Partners was founded in Kazakhstan in The company lawyers are members in the leading law societies. Our partners as an educators/tutors are hold seminars on EPC and FIDIC constructions in Kazakhstan and other. We have a central office in Almaty and secondary in Astana (Kazakhstan), representative office in Moscow (Russian Federation). Contacts We are niche Kazakhstan law firm with specialize in real estate, construction, real estate management, deals support, legal Due diligence, second opinion, legal memo providing, litigation. Our lawyers and partners tried to delve into the essence of business of our client, to understand its ultimate goals and desired results. We have experience working with Top 100 International Contractors, World Bank Group, Thomson Reuters, big four and other respected companies in Kazakhstan. Artyushenko & Partners is listed by Legal 500, recommended by Chambers and Partners in Corporate & Finance practice (one of the seven local founded law firms), by Asialaw profiles 2016 as a leading law firm in Real Estate and Construction. Office in Almaty: «V» 15/3 Pavillion, 42, Timiryazeva str., Almaty, , Republic of Kazakhstan. Office in Astana: 1004 office, 19, Imanova str., Astana city, Republic of Kazakhstan info@a-p.legal 1

2 Andrey Artyushenko Managing Partner He has experience as a professional lawyer for over 16 years in real estate construction and others relations with real property, corporate issues, contract law, investment law, etc. He has practical experience of many years, working for the following development projects in the Republic of Kazakhstan: Abu Dhabi Plaza, Marine Port Aktau, Western Eu Western China road, Biohim plant, Almaty Financial District, Esentai Park (Esentai Tower, Residences, Esentai Mall), Marriott, Ritz Carlton, Medeu, Shymbulak and Kok-Zhailyau, etc. Was engaged in preparation and implementation of the contracts of lease and management of real estate on the said projects, the registration of real estate and condominiums with the registering bodies, and the contracts of construction, including FIDIC proforma. Andrey Artyushenko graduated from the Kazakh State Law Academy with specialization in Law in 2001, passed the additional education course in Moscow University - FIDIC: CIS implementation practice and Development manager in Russian Management School. Recognised Practitioner by Chambers and Partners,recommended by Asialaw profiles 2016 in Construction and Real Estate, listed by Legal 500 EMEA , вн AA@a-p.legal 2

3 Gulnar Ospanova The Partner Gulnar Ospanova has working experience as a lawyer of over 34 years. She is the judge in a honorable retirement. The length of experience includes service in judicial bodies ( ), court ( ), and the law firms (from 2007). industries, machinery building sector, and non-ferrous metals industry in issues concerning the application of antitrust law, law on land, customs, tax, environmental laws, and laws on bankruptcy and privatization. She has profound knowledge and practical skills in the field of civil procedure and legal analysis. When working as a judge, she specialized in civil cases: commercial disputes on major investment projects with the participation of foreign investors in the banking sector, energy Gulnar is a certified arbitrator of the Kazakhstan International Arbitration, the International Court of Arbitration, the Arbitration Court of the Republic of Kazakhstan s Chamber of Commerce, the International Commercial Arbitration Court (ICAC) of the Eurasian Mediation Center OG@a-p.legal 3

4 Projects Obtained the first category licenses to perform design and construction works, execution of research activity. The client was one of the world leaders in energy and power plants projects, a company with offices in different cities of Kazakhstan; Gloryway greenhouse for rose cultivation in Almaty region. Legal advice on the purchase of equipment from Europe, and legal support of contract works for the construction of the greenhouse (exchanging correspondence, etc); For one of the largest American manufacturing companies in Kazakhstan, we have developed a detailed legal memorandum on construction of a gas pipeline in the Republic of Kazakhstan (the order, terms, development of project documentation, construction process, obtaining approvals and permits, putting the object into operation, a contract for the supply of gas, and similar matters). Planned full legal support in the construction of this facility; Preparation and comprehensive legal support in addressing the management of the complex of residential buildings (with the cost over 200 million USD) in the city of Almaty for the management company; Wind power station construction (in west Kazakhstan). We have developed a legal memorandum for Japan green construction firm on the following matters: entering in to Kazakhstan market by establishing a legal entity, construction rules regulation in respect of green energy construction, possibility to use this equipment as a an investments by in-kind, how to evaluate such equipment for investments as in-kind, etc. Due diligence on the acquisition of the international airport in the Republic of Kazakhstan (the study of judicial prospects, risk assessment, and recommendations on the project implementation); Full legal support to the project of construction of the heat distribution trunk pipeline in the center of Astana; Contract works under the project Sochi-2014 by the Kazakh contractor. Preparation and approval of the terms and conditions of the contract for construction, the legal support of the contractor, the exchange of correspondence, and so on. We had found a solution that allowed the Kazakh contractor without additional approvals to operate in the Russian Federation. In normal circumstances, the said approvals could cause additional costs of at least USD ; The potential sea port Aktau reconstruction contractor (Indian construction company) hired us to understand the specific of the FIDIC contracts implementation in Kazakhstan. We provided a legal memorandum (how construction companies work in Kazakhstan) and consulting in regard to Yellow Book implementation, clients contract revision, etc.; Legal support in the construction of the Almaty Financial District (bank buildings) and Esentai Park, worth of more than USD 1 billion; FIDIC based contracts consulting for the state owned company. The Client is intend to finance some infrastructure projects in Kazakhstan based on state program (housing for Kazakhstan citizens); Dealing with issues of economic concentration of the development company (Antimonopoly regulation); Representing the Client in court in the proceeding against JSC International Airport Astana. The Supreme Court of the Republic of Kazakhstan, composed of five judges, rendered the final resolution that reversed all the previous court resolutions in favor of our client; Claim settlement and litigation with the contractor Enka Insaat. The amount of claims was about USD 30 million; Representing the Italian construction company engaged in road construction, in the proceeding against the contractor who precluded the enforcement of security the bank guarantee to the total amount of over USD 2.5 million; Property deal support in Astana in respect of the 20 thousand square meters B class building acquisition by a local multidisciplinary investor (memorandum negotiations, contracts drafting, corporate structure implementation negotiations); EPC, FIDIC contracts application in Kazakhstan, construction issues, licensing trainings for such companies as AES, Siemens, Development Bank of Kazakhstan JSC, etc. 4

5 Reconstruction of the Aktau seaport Counseling the Indian construction company (potential contractor) to work with FIDIC contracts in Kazakhstan Real estate construction (EPC and EPCM contracts, the FIDIC proforma) Artyushenko & Partners boutique law firm lawyers were the first in Kazakhstan, who completed the full course of enhanced training in practicing and application of FIDIC forms is CIS countries. Most international development banks provide the financing for the construction projects only if these FIDIC standard forms are applied. The goal of Artyushenko & Partners boutique law firm is to ensure the smooth progress of a construction project of any complexity, and its timely implementation without any unforeseen legal issues. We provide the following legal support in construction: Legal support in negotiations, the Russian and English languages; Development legal support at the project design stage, aimed to find optimal solutions and achieve the ultimate goals; Contracts for construction, design, procurement and subcontracting legal expertise; Structuring and legal support of transactions on the purchase and sale of real property (finished, unfinished one) both as individual Legal support for the construction, renovation and repairs of residential, commercial and industrial property; EPC, EPCM, FIDIC (construction, engineering, construction management), risk assessment (consulting, legal support) in the construction and design of industrial facilities, power plants, and infrastructure projects, and the building of complex and individual structures; Due diligence; Advice on administration of contracts; Legal support of claim procedures; Litigation; Legal opinions on specific real estate property construction issues; Selecting the appropriate contract form (procurement and subcontracting), including Educational seminars re EPC and FIDIC contracts implementation in Kazakhstan. 5

6 Abu Dhabi Plaza Astana Counseling the contractor with EPC contracts Property management Complexity of local laws and the romangerman approach to law system, in general, especially for foreign asset management companies are often an obstacle to the successful application of western practices and case studies in Kazakhstan. The problem is not only that there are just a small number of cases implemented in practice, but also that the frequently changing rules of law in Kazakhstan require constant monitoring and adjustment of particular schemes. Our company provides the following law services in real estate (property) management: Choosing the form, structuring the transactions, searching for ways to manage the facility/ project (work with the developers, managers of shopping centers, office buildings and mixeduse facilities) Legal support of developers and property owners; Rent relations in commercial property; Beneficial ownership; Updating the existing lease and management contracts (recommended at least once a year); Due diligence Legal support of claim procedures; Litigation; Legal opinions on specific property management issues. Development of contracts and agreements in the field of property management (renting the Class A and B office premises, shopping centers and areas in them; solving the issues related to peculiarities of management); 6

7 International airport Due diligence of the transaction on acquisition the one of Kazakhstan s international airport Corporate law The Artyushenko & Partners boutique law firm provides legal support to foreign construction and development companies that are interested in establishing and developing their business in the Republic of Kazakhstan. We provide legal assistance in: Corporate reorganization and restructuring; Development and planning of corporate structures; Advice on investment and divestment; Competitive regulation; Due diligence; Legal support of claim procedures; Litigation; Legal opinions on specific corporate law issues. Licensing of construction & assembling works, design development (in all categories and subtypes) and survey activities; Advising on issues of licensing (identification of the category, and the compliance with the qualification requirements, etc.); 7

8 Almaty Financial Centre Counseling the construction of the Almaty Financial District (bank buildings), worth of more than USD 0,5 billion Litigation Timely initiation of the legal proceeding will be your advantage only if you do it with the help of the consultant specializing on relevant issues. We have been working in the market of legal support for real estate and corporate matters from Importantly, the sooner our company is involved in the legal proceeding, the more effective way we will use all remedies available in Kazakhstan s laws in favor of our client. Our services in litigation are: Legal support in dispute resolution relating to the construction and/or management of real estate (property); Legal support in settlement of corporate disputes; Representation of interests in the state courts of any instance (first instance, appeal, cassation in the Supreme Court of the Republic of Kazakhstan) Representation of interests in arbitration Representation in arbitration proceedings; Prospective or existing case strategy development, amendment and implementation in court process documentation; Foreign judgment legalization in the Republic of Kazakhstan; Due diligence; Legal opinions on specific issues. Challenging government actions; 8