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LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 26, 2017 No. 124-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning customs regulation

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Ecological code of the Republic of Kazakhstan of January 9, 2007 (The sheet of Parliament of the Republic of Kazakhstan, 2007, No. 1, Art. 1; No. 20, Art. 152; 2008, No. 21, Art. 97; No. 23, Art. 114; 2009, No. 11-12, of Art. 55; No. 18, Art. 84; No. 23, Art. 100; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2, 3, 7; No. 5, Art. 43; No. 11, Art. 102; No. 12, Art. 111; No. 16, Art. 129; No. 21, Art. 161; 2012, No. 3, Art. 27; No. 8, Art. 64; No. 14, Art. 92, 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 9, Art. 51; No. 12, Art. 57; No. 14, Art. 72, 75; 2014, No. 1, Art. 4; No. 2, Art. 10; No. 7, Art. 37; No. 10, Art. 52; No. 12, Art. 82; No. 14, Art. 84; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 8, Art. 42; No. 11, Art. 57; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 22-1, of Art. 141; No. 22-II, Art. 144; No. 22-V, Art. 156; 2016, No. 1, Art. 2; No. 6, Art. 45; No. 7-II, Art. 56, 57; No. 8-II, Art. 71, 72; No. 24, Art. 124; 2017, No. 4, Art. 7; No. 7, Art. 14; No. 9, Art. 17; No. 12, Art. 34):

1) in the subitem 21) of Article 17 of the word Customs union shall be replaced with words Eurasian Economic Union;

2) in Article 47:

add Item 1 with subitem 5-1) of the following content:

"5-1) materials about possibility of destruction of the goods placed under customs procedure of destruction, burials providing opportunity, neutralizations, utilizations or destructions by different way of goods, and also the waste formed as a result of destruction of goods with indication of method and the place of destruction;";

in Item 3:

the fourth to state part in the following edition:

"The objects of the state environmental assessment specified in subitems 6) - 10) Item 1 of this Article, belong to І to the category.";

add with part five of the following content:

"The objects of the state environmental assessment specified in subitem 5-1) of Item 1 of this Article belong to the III category.";

3) in part one of item 4 of Article 288 and part one of Item 2 of Article 313 of the word Customs union shall be replaced with words Eurasian Economic Union.

2. In the Budget code of the Republic of Kazakhstan of December 4, 2008 (The sheet of Parliament of the Republic of Kazakhstan, 2008, No. 21, Art. 93; 2009, No. 23, Art. 112; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 7, Art. 29, 32; No. 15, Art. 71; No. 24, Art. 146, 149, 150; 2011, No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 7, Art. 54; No. 11, Art. 102; No. 13, Art. 115; No. 15, Art. 125; No. 16, Art. 129; No. 20, Art. 151; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 16; No. 3, Art. 21; No. 4, Art. 30, 32; No. 5, Art. 36, 41; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 94; No. 18-19, of Art. 119; No. 23-24, of Art. 125; 2013, No. 2, Art. 13; No. 5-6, of Art. 30; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 13, Art. 63; No. 14, Art. 72; No. 15, Art. 81, 82; No. 16, Art. 83; No. 20, Art. 113; No. 21-22, of Art. 114; 2014, No. 1, Art. 6; No. 2, Art. 10, 12; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44; No. 11, Art. 63, 69; No. 12, Art. 82; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 128, 131; No. 23, Art. 143; 2015, No. 2, Art. 3; No. 11, Art. 57; No. 14, Art. 72; No. 15, Art. 78; No. 19-I, Art. 100; No. 19-II, Art. 106; No. 20-IV, Art. 113; No. 20-VII, Art. 117; No. 21-I, Art. 121, 124; No. 21-II, Art. 130, 132; No. 22-I, Art. 140, 143; No. 22-II, Art. 144; No. 22-V, Art. 156; No. 22-VI, Art. 159; No. 23-II, Art. 172; 2016, No. 7-II, Art. 53; No. 8-I, Art. 62; No. 12, Art. 87; No. 22, Art. 116; No. 23, Art. 119; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 6, Art. 11; No. 9, Art. 18; No. 10, Art. 23; No. 13, Art. 45; No. 14, Art. 51; No. 15, Art. 55; The Law of the Republic of Kazakhstan of November 30, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the budget legislation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 6, 2017):

Items 4 and the 5th Article 11 to state 1) in the following edition:

"4. Tax revenues are the taxes and other obligatory payments in the budget established by the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code), customs duties, customs fees, established according to the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan and also the special, anti-dumping, compensatory duties established according to the Agreement on the Eurasian Economic Union.

The advance payments made according to the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan on account of payment of the forthcoming customs duties, customs fees, taxes, the special, anti-dumping, compensatory duties also belong to tax revenues.

5. Non-tax receipts are the obligatory, irrevocable payments in the budget established by this Code and other legal acts of the Republic of Kazakhstan except provided by the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code), the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan, not belonging to sales proceeds of fixed capital, connected grants, and also money transferred in the budget on a grant basis except transfers.";

Item 3 of Article 31 to state 2) in the following edition:

"3. Structural and territorial subdivisions of state bodies cannot be administrators of budget programs, except for law-enforcement bodies and territorial subdivisions of authorized body in the field of civil protection of area, the city of republican value, the capital which are administrators of regional budget programs, budget programs of the city of republican value, the capital.";

3) in Item 1 of Article 49:

26) and 27) to state subitems in the following edition:

"26) the customs fees paid according to the customs legislation of the Republic of Kazakhstan;

27) the special, anti-dumping, compensatory duties paid in connection with application of measures of protection of the domestic market;";

add with subitem 27-1) of the following content:

"27-1) advance payments made according to the customs legislation of the Eurasian Economic Union and the Republic of Kazakhstan on account of payment of the forthcoming payments listed in subitems 25), 26) and 27) of this Item, and also the value added tax and excises on the goods imported on customs area of the Eurasian Economic Union;".

3. In the Code of the Republic of Kazakhstan of September 18, 2009 "About health of the people and health care system" (Sheets of Parliament of the Republic of Kazakhstan, 2009, No. 20-21, of Art. 89; 2010, No. 5, Art. 23; No. 7, Art. 32; No. 15, Art. 71; No. 24, Art. 149, 152; 2011, No. 1, Art. 2, 3; No. 2, Art. 21; No. 11, Art. 102; No. 12, Art. 111; No. 17, Art. 136; No. 21, Art. 161; 2012, No. 1, Art. 5; No. 3, Art. 26; No. 4, Art. 32; No. 8, Art. 64; No. 12, Art. 83; No. 14, Art. 92, 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 5-6, of Art. 30; No. 7, Art. 36; No. 9, Art. 51; No. 12, Art. 57; No. 13, Art. 62; No. 14, Art. 72, 75; No. 16, Art. 83; 2014, No. 1, Art. 4; No. 7, Art. 37; No. 10, Art. 52; No. 11, Art. 65; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 1, Art. 2; No. 7, Art. 33; No. 10, Art. 50; No. 19-II, Art. 102; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 22-I, Art. 143; No. 22-V, Art. 156; No. 23-II, Art. 170; 2016, No. 6, Art. 45; No. 8-II, Art. 67, 70; No. 23, Art. 119; 2017, No. 1-2, of Art. 3; No. 4, Art. 7; No. 9, Art. 22; No. 13, Art. 45):

Heading of Article 80-3 to state 1) in table of contents in the following edition:

"Article 80-3. Interaction of authorized body and authorized body in the field of customs affairs";

The subitem 92) of Item 1 of Article 1 to state 2) in the following edition:

"92) sanitary and quarantine control - the control of sanitary and epidemiologic condition of load and the state of health of people when moving people and loads through the Frontier of the Republic of Kazakhstan matching with customs border of the Eurasian Economic Union which is carried out for the purpose of non-admission of delivery on the territory of the country of infectious and parasitic diseases, and also substances and products potentially hazardous to health of the person;";

3) in subitem 2-1) of Item 2 of Article 5 and subitem 29-4) of Item 1 of Article 7 of the word Customs union shall be replaced with words Eurasian Economic Union;

The subitem 26) of Item 1 of Article 7-1 to state 4) in the following edition:

"26) to creation at check points through the Frontier of the Republic of Kazakhstan matching with customs border of the Eurasian Economic Union, sanitary and quarantine Items;";

5) in part two of Article 13 of the word Customs union shall be replaced with words Eurasian Economic Union;

Shall be replaced with words 6) in Item 2 of Article 21 of the word of Customs union Eurasian Economic Union;

Item 1 of Article 80 to state 7) in the following edition:

"1. Import to the territory of the Republic of Kazakhstan of medicines, products of medical appointment and medical equipment is performed according to the procedure, determined by authorized body, according to the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan.";

8) 2) of Item 1 of Article 80-2 to state the subitem in the following edition:

"2) treatments of passengers and members of crews of the vehicles, crews of train and transport drivers who arrived to customs area of the Eurasian Economic Union;";

Article 80-3 to state 9) in the following edition:

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