哈萨克斯坦油气合作的法律风险与防控

The legal risk and prevention & control of Kazakhstan’s oil and gas cooperation

哈萨克斯坦油气合作面临的主要法律风险包括立法风险和执法风险,以及日常生产经营中的诉讼(仲裁)风险。立法风险主要体现在法律变动频繁,连续性和稳定性较差;部分法律制定可操作性差;部门法之间的统一性和协调性不够;政策变化导致立法变化,国家利益扩大化。哈萨克斯坦各部门执法多有不合理之处,而且执法透明度较差。为加强哈萨克斯坦油气合作法律风险防控,应建立符合资源国法律和国际惯例的公司治理体系,不断提升自身法律风险防控能力与水平,拥有成熟尽责的专职法律工作者队伍和相对稳定的法律服务伙伴,依法合规经营,依法维权,修法避险。

The main legal risks in Kazakhstan’s oil and gas business include and law enforcement risks as well as litigation(arbitration) risks in daily business. Legislation risks are mainly frequent legal changes, poor continuity and stability;lack feasibility, unity, and coordination between law-departments, and policy changes lead to legislative changes and national interest’s enlargement. Law enforcement by various departments in Kazakhstan is often unreasonable with poor transparency of law enforcement. In order to prevent and control the legal risks in oil and gas business in Kazakhstan, it should establish a corporate governance system which complies with the laws of the host country and international practices, and constantly improve the own ability and level of prevention and control of legal risks, have an experienced and professional direct employed legal forces and relatively stable legal service partners, run the business and protect rights according to laws, and revise laws to avoid legal risks.