Yekaterina Khamidullina
SENIOR ASSOCIATE
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Practice Areas |
Yekaterina Khamidullina specializes in corporate, labor and contract law. She is also highly experienced in anti-corruption compliance, project financing, real estate, healthcare, and personal data protection matters. She joined AEQUITAS in 2012, after taking internship with the firm in 2011.
Yekaterina is a member of the working group of Kazakhstan Bar Association and Legal Policy Research Centre formed to draft the Law "On Introduction of Amendments into Legislative Acts of the Republic of Kazakhstan on Corruption Control Issues" as part of the project "Implementation of a system-based, structured and efficient policy for increasing business integrity and development of corporate management in Kazakhstan in accordance with the OECD standards".
Yekaterina is a member of the working group formed to draft the Law of the Republic of Kazakhstan "On Introduction of Amendments into the Labor Code of the Republic of Kazakhstan".
She is a respondent for the World Bank's legislation monitoring in the Doing Business ratings.
Memberships
Kazakhstan Bar Association, Ius Laboris
Experience
2020-present | AEQUITAS Law Firm – Senior Associate |
2016 – 2020 | AEQUITAS Law Firm – Associate |
2014 – 2016 | AEQUITAS Law Firm – Junior Associate |
2012 – 2014 | AEQUITAS Law Firm – Paralegal |
Education
2014 | Al-Farabi Kazakh National University, LLM, Kazakhstan |
2012 | Al-Farabi Kazakh National University, LLB, Kazakhstan |
Awards / Recognition
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"She is proactive and responsive." "Provides good communication and clear answers." Asialaw Profiles 2021 According to the AsiaLaw rating agency, Yekaterina was announced as the “highest-rated lawyer to work with” in Kazakhstan in 2021. |
REPRESENTATIVE PROJECTS
Labor & Employment
- Advice to Pfizer, AstraZeneca, Johnson & Johnson, Chevron, Metro Cash&Carry, Willis Towers Watson, Visa and other major companies on the Kazakhstan labor law matters, including with respect to procedure for hiring employees, amendment of labor conditions, grounds and procedure for termination of labor relations, remote work, personal data protection, compliance with the GDPR requirements, and other issues.
- Drafting of employment contracts with different categories of employees, non-compete agreements, internal labor regulations, incentive payment regulations and other employer's acts.
- Conducted webinars for clients on the issues of the labor and migration legislation of Kazakhstan, personal data protection and obligations of companies (employers) with respect to restrictions introduced in connection with the pandemic together with IUS Laboris (alliance of the leading law firms specializing in labor law matters), ALRUD, Vasil Kisil & Partners and COBALT (major law firms of Russia, Ukraine and Belarus).
Anti-Corruption Compliance
- Advice on different issues of the legislation on counteraction against the legalization of profits and financing of terrorism, corruption control issues, and compliance with mandatory industry regulatory requirements and procedures, applicable administrative and criminal liability.
- Inspection of activities and internal documents of companies as to compliance with the anti-corruption legislation of Kazakhstan. Adaptation of internal global operating procedures and policies of companies to requirements of the Kazakhstan and international legislation.
- Provision of recommendations on prevention and elimination of compliance risks.
Banking & Finance, Real Estate
- Advice to Eurasian Development Bank on restructuring of a loan agreement entered into between the bank and a confidential local energy company that is a natural monopoly entity, including preparation of several legal opinions concerning the pledge of movable and immovable property of the company to the bank, change of the company shareholders and issuance of guarantees by the company shareholders to secure the performance under the loan agreement.
- Advice to Gazprombank JSC, Coca-Cola, ANZ America, international law firms (Allen & Overy, Dentons, DLA Piper, Linklaters, Freshfields, etc.) and preparation of legal opinions and memoranda.
- Overall legal support in the process of pledging immovable property of a major local company to Bank Otkritie Financial Corporation PJSC.
- Legal support in the process of registering pledges over movable and immovable property (shares, participatory interests, land use rights and other property) of local companies in favor of Islamic Development Bank and European Bank for Reconstruction and Development.
- Advice to Gazprom PJSC (transnational energy company) on transfer of movable and immovable property as part of the project involving restructuring of this company's business in Kazakhstan.
- Advice to foreign investors on power plant construction matters and obtainment of required permits.
Corporate
- Regular participation in due diligence of major Kazakhstan oil, construction and pharmaceutical companies, including review of corporate and labor documents, company's assets, contracts with counterparties and required permitting documents for doing business in Kazakhstan.
- Advising on matters related to registration and liquidation of legal entities and their structural subdivisions in Kazakhstan, increase in the charter capital, reorganization, bankruptcy of companies, and change of shareholders (participants).
- Advice on dividend payment, procedure for approval of transactions and placement of information about corporate events of a joint stock company on the website of Financial Reporting Depository.
Healthcare & Pharmaceuticals
- Advice to transnational companies (Johnson & Johnson, Sanofi, AstraZeneca, Santo, Pfizer, Dr. Theiss Naturwaren GmbH, Terumo, Canon Medical Systems and other companies) on various issues of activities regulation in Kazakhstan, including expert examination, import, procurement, registration, circulation, sale and advertising of medicines, medical products and medical equipment.
- Drafting of different contracts for pharmaceutical companies, including a contract for the implementation of a patient support program, pharmacy chain services contracts, car auction contract, etc.
- Analysis of a major pharmaceutical company's standard operating procedures as to compliance with the Republic of Kazakhstan's legislation.
Business support
- Advice to Freight One JSC regarding issues of registration and record-keeping of freight rolling stock in the Republic of Kazakhstan.
- Legal support in the obtainment of a license to provide services in the atomic energy use area for General Electric.
- Legal analysis/drafting of contracts of various types and degrees of complexity (supply, services, lease, pledge, guarantee, trust, insurance, licensing agreements and other types of contracts governed by local laws).
- Regular advice to clients on different personal data protection issues, specifically, those relating to collection and processing of data (including localization of personal data in Kazakhstan), and drafting of the forms of consents to collection and processing of personal data.
- Preparation of information memoranda concerning amendments to the Republic of Kazakhstan's current legislation.
Industry and Trade
- Advising on legal regulation over advertising in the Republic of Kazakhstan, including drafting of various contracts for the provision of marketing/advertising and advisory services.
- Advice to Shoppinglive on different legal matters of selling goods in the Kazakhstan territory using a TV channel and an online store.
- Advising companies on the matters of TV and radio broadcasting, VoIP telephony, technical regulation, product marking, advertising campaigns, etc.
- Advice on currency regulation and control matters.
Antitrust
- Advice on obtainment and issuance of the Republic of Kazakhstan Ministry of Energy's authorization to alienate the subsoil use right-related facilities in favor of Conwell Oil Corporation.
- Advising companies on a range of antitrust legislation issues.
- Preparation of notifications and applications on behalf of clients to obtain consent to economic concentration from the authorized competition protection agency of the Republic of Kazakhstan.
- Participated in the preparation and conducting of trainings on local antitrust law and advertising regulation in Kazakhstan.
Publications
Khamidullina Y., Working from home abroad – Kazakhstan chapter // Ius Laboris. – June 2021
Chumachenko Yu., Khamidullina Y., COVID-19: how and where to work – guide for international employers in Kazakhstan // Ius Laboris – February 2021
Khamidullina Ye. A guide to how labour relations are regulated in the Astana International Financial Centre in Kazakhstan // Ius Laboris. – April 2020
Khamidullina Ye. The impact of the GDPR outside the EU. Kazakhstan chapter // Ius Laboris. – September 2019
Pestereva Ye., Tkach R., Khamidullina Ye. Lending and taking security in Kazakhstan: overview // Thomson Reuters. – November 2018
Khamidullina Ye. Remote Work: Issues and Particulars of Legal Regulation in Kazakhstan and Abroad // Legal 500. – December 2016.
Shaikenov V., Khamidullina Ye. Awarding Attorneys’ Fees by Kazakh Courts: Some Ambiguities. // Investors’ Voice. – 2014. – № 58. – p. 18-21.