LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 10, 2018 No. 134-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning estimative activities

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

1. In the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994 (The sheet of the Supreme Council of the Republic of Kazakhstan, 1994, No. 23-24 (appendix); 1995, No. 15-16, of Art. 109; No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 187; No. 14, Art. 274; No. 19, Art. 370; 1997, No. 1-2, of Art. 8; No. 5, Art. 55; No. 12, Art. 183, 184; Art. No. 13-14, 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; Art. No. 17-18, 224, 225; No. 23, Art. 429; 1999, No. 20, Art. 727, 731; No. 23, Art. 916; 2000, No. 18, Art. 336; No. 22, Art. 408; 2001, No. 1, Art. 7; No. 8, Art. 52; No. 17-18, of Art. 240; No. 24, Art. 338; 2002, No. 2, Art. 17; No. 10, Art. 102; 2003, No. 1-2, of Art. 3; No. 11, Art. 56, 57, 66; No. 15, Art. 139; No. 19-20, of Art. 146; 2004, No. 6, Art. 42; No. 10, Art. 56; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 10, Art. 31; No. 14, Art. 58; No. 23, Art. 104; 2006, No. 1, Art. 4; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 2, Art. 18; No. 3, Art. 20, 21; No. 4, Art. 28; No. 16, Art. 131; No. 18, Art. 143; No. 20, Art. 153; 2008, No. 12, Art. 52; No. 13-14, of Art. 58; No. 21, Art. 97; No. 23, Art. 114, 115; 2009, Art. No. 2-3, 7, 16, 18; No. 8, Art. 44; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 125, 134; 2010, No. 1-2, of Art. 2; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 2, Art. 21, 28; No. 3, Art. 32; No. 4, Art. 37; No. 5, Art. 43; No. 6, Art. 50; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13, 15; No. 6, Art. 43; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 7, Art. 36; No. 10-11, of Art. 56; No. 14, Art. 72; No. 15, Art. 76; 2014, No. 4-5, of Art. 24; No. 10, Art. 52; No. 11, Art. 61, 63; No. 14, Art. 84; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 16, Art. 79; No. 20-I, Art. 110; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-I, Art. 128; No. 22-I, Art. 140, 143; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 70; No. 12, Art. 87; 2017, No. 4, Art. 7; No. 15, Art. 55; The Law of the Republic of Kazakhstan of December 25, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan on the tax matters", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 26, 2017):

in Item 5 of Article 319 of the word "shall be replaced with words the conclusions of the physical persons or legal entities having license for activities according to property" "the valuation report constituted by the appraiser".

2. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-I, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79; No. 19-I, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-I, Art. 124, 125; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-I, Art. 140, 141, 143; No. 22-II, Art. 144, 145, 148; No. 22-III, Art. 149; No. 22-V, Art. 152, 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-I, Art. 166, 169; No. 23-II, Art. 172; 2016, No. 1, Art. 4; No. 2, Art. 9; No. 6, Art. 45; No. 7-I, Art. 49, 50; No. 7-II, Art. 53, 57; No. 8-I, Art. 62, 65; No. 8-II, Art. 66, 67, 68, 70,72; No. 12, Art. 87; No. 22, Art. 116; No. 23, Art. 118; No. 24, Art. 124, 126, 131; 2017, No. 1-2, of Art. 3; No. 9, Art. 17, 18, 21, 22; No. 12, Art. 34; No. 14, Art. 49, 50, 54; No. 15, Art. 55; No. 16, Art. 56; The Law of the Republic of Kazakhstan of December 25, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan on the tax matters", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 26, 2017; The law of the Republic of Kazakhstan of December 26, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning customs regulation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 27, 2017):

Heading of Article 695 to state 1) in table of contents in the following edition:

"Article 695. Authorized body in the field of state registration of the rights to real estate, legal entities, acts of civil status";

Article 184 to state 2) in the following edition:

"Article 184. Violation of the law of the Republic of Kazakhstan about estimative activities

1. Untimely provision or failure to provide, and is equal provision of unreliable information in the form established by authorized body in the field of estimative activities

attract penalty in the amount of twenty monthly settlement indicators.

2. Not elimination of appraisers of the violations of the law of the Republic of Kazakhstan by chamber about estimative activities revealed during check by authorized body in the field of estimative activities

attracts penalty in the amount of forty monthly settlement indicators.

3. The actions (failure to act) made repeatedly within year after imposing of the administrative punishment provided by part two of this Article

attract penalty in the amount of eighty monthly settlement indicators.";

684 figures "184," to exclude 3) in Article part one;

4) in Article 695:

state heading in the following edition:

"Article 695. Authorized body in the field of state registration of the rights to real estate, legal entities, acts of civil status";

in parts one and the second words", regulations of estimative activities" to exclude;

5) in Article 722:

"Articles" to add part one after the word with figures "184,";

2) parts two after the word "auditor" to add the subitem with the words "and estimative";

6) in Article 804 part one:

in the subitem 27) words "auditing organizations), 214" shall be replaced with words "auditing organizations, appraisers), 214";

in the subitem 41) words", regulations of estimative activities (Article 184, 185 (regarding violation of the law of the Republic of Kazakhstan about estimative activities), 462, 463)" shall be replaced with words "(Articles 462, 463)".

3. In the Labor code of the Republic of Kazakhstan of November 23, 2015 (The sheet of Parliament of the Republic of Kazakhstan, 2015, No. 22-IV, Art. 151; 2016, No. 7-1, of Art. 49; 2017, No. 11, Art. 29; No. 12, Art. 34; No. 13, Art. 45):

to add Item 1 of Article 52 with subitem 5-1) of the following content:

"5-1) deprivations of the certificate on qualification assignment "appraiser";".

4. In the Law of the Republic of Kazakhstan of December 23, 1995 "About mortgage of real estate" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1995, No. 24, Art. 165; Sheets of Parliament of the Republic of Kazakhstan, 1997, No. 13-14, of Art. 205; 2000, No. 18, Art. 336; 2003, No. 11, Art. 67; 2005, No. 23, Art. 104; 2007, No. 2, Art. 18; No. 4, Art. 28; No. 18, Art. 143; 2011, No. 3, Art. 32; No. 6, Art. 50; No. 11, Art. 102; 2012, No. 13, Art. 91; No. 20, Art. 121; 2013, No. 14, Art. 72; 2014, No. 11, Art. 61; 2015, No. 8, Art. 45; No. 13, Art. 68; No. 22-VI, Art. 159; 2016, No. 24, Art. 124; 2017, No. 4, Art. 7):

in part one of Item 3 of Article 32 of the word "shall be replaced with words the conclusions of the physical persons or legal entities having license for activities according to property" "the valuation report constituted by the appraiser".

5. In the Law of the Republic of Kazakhstan of December 18, 2000 "About insurance activity" (Sheets of Parliament of the Republic of Kazakhstan, 2000, No. 22, Art. 406; 2003, No. 11, Art. 56; No. 12, Art. 85; No. 15, Art. 139; 2004, No. 11-12, of Art. 66; 2005, No. 14, Art. 55, 58; No. 23, Art. 104; 2006, No. 3, Art. 22; No. 4, Art. 25; No. 8, Art. 45; No. 13, Art. 85; No. 16, Art. 99; 2007, No. 2, Art. 18; No. 4, Art. 28, 33; No. 8, Art. 52; No. 18, Art. 145; 2008, No. 17-18, of Art. 72; No. 20, Art. 88; 2009, No. 2-3, of Art. 18; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 5, Art. 23; No. 17-18, of Art. 112; 2011, No. 11, Art. 102; No. 12, Art. 111; No. 24, Art. 196; 2012, No. 2, Art. 15; No. 8, Art. 64; No. 13, Art. 91; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 10-11, of Art. 56; 2014, No. 4-5, of Art. 24; No. 10, Art. 52; No. 11, Art. 61; No. 19-I, 19-II, Art. 94; No. 21, Art. 122; No. 22, Art. 131; 2015, No. 8, Art. 45; No. 15, Art. 78; No. 20-IV, Art. 113; No. 22-I, Art. 143; No. 22-III, Art. 149; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 6, Art. 45; 2017, No. 4, Art. 7; The Law of the Republic of Kazakhstan of December 25, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan on the tax matters", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 26, 2017):

7) of Article 10 to state the subitem in the following edition:

"7) appraiser;".

6. In the Law of the Republic of Kazakhstan of May 13, 2003 "About joint-stock companies" (Sheets of Parliament of the Republic of Kazakhstan, 2003, No. 10, Art. 55; No. 21-22, of Art. 160; 2004, No. 23, Art. 140; 2005, No. 14, Art. 58; 2006, No. 10, Art. 52; No. 16, Art. 99; 2007, No. 4, Art. 28, 33; No. 9, Art. 67; No. 20, Art. 153; 2008, No. 13-14, of Art. 56; No. 17-18, of Art. 72; No. 21, Art. 97; 2009, No. 2-3, of Art. 18; No. 17, Art. 81; No. 24, Art. 133; 2010, No. 5, Art. 23; 2011, No. 2, Art. 21; No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50; No. 24, Art. 196; 2012, No. 2, Art. 11, 14; No. 4, Art. 30; No. 13, Art. 91; No. 21-22, of Art. 124; 2013, No. 10-11, of Art. 56; No. 15, Art. 81; 2014, No. 4-5, of Art. 24; No. 6, Art. 27; No. 10, Art. 52; No. 11, Art. 63; No. 16, Art. 90; No. 23, Art. 143; 2015, No. 8, Art. 42, 45; No. 19-I, Art. 101; No. 19-II, Art. 102; No. 20-VII, Art. 117; No. 22-II, Art. 145; No. 22-VI, Art. 159; 2016, No. 6, Art. 45; 2017, No. 4, Art. 7):

in parts two and third Item 1 of Article 21 of the word", acting on the basis of the license granted according to the legislation of the Republic of Kazakhstan" to exclude.

7. In the Law of the Republic of Kazakhstan of July 1, 2003 "About compulsory insurance of civil responsibility of owners of vehicles" (Sheets of Parliament of the Republic of Kazakhstan, 2003, No. 14, Art. 104; 2006, No. 3, Art. 22; No. 4, Art. 25; 2007, No. 8, Art. 52; 2008, No. 6-7, of Art. 27; 2009, No. 17, Art. 81; No. 24, Art. 134; 2010, No. 1-2, of Art. 1; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 2, Art. 25; 2012, No. 13, Art. 91; No. 21-22, of Art. 124; 2014, No. 8, Art. 44; No. 10, Art. 52; No. 14, Art. 84; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 8, Art. 45; No. 22-VI, Art. 159; 2016, No. 8-I, Art. 65; The law of the Republic of Kazakhstan of December 26, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning customs regulation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 27, 2017):

The subitem 1) of Article 1 to exclude 1);

2) in Item 1 of Article 16:

3) to exclude the subitem;

4) to state the subitem in the following edition:

"4) to get acquainted with results of determination of the extent of the damage suffered made by the insurer and the insurance payment performed by the insurer;";

The subitem 6) of Item 2 of Article 17 to state 3) in the following edition:

"6) in terms and procedure which are established by this Law, according to the statement for determination of the extent of the harm done to property, the insurer (insured) or injured (beneficiary) or their representatives to carry out calculation of the extent of the harm done to property and to submit the report on the extent of harm on acquaintance to the beneficiary;";

4) in Item 1 of Article 18:

3) to exclude the subitem;

4) to state the subitem in the following edition:

"4) to get acquainted with results of the determination of the extent of damage suffered and insurance payment made by the insurer;";

5) in Article 22:

in part one of Item 3 of the word "Assessment of the Extent of the Harm Done to Property Is Made by the Insurer" shall be replaced with words "Determination of the extent of the harm done to property it is made by the insurer";

add with Item 3-1 of the following content:

"3-1. If the insurer in time, established by part one of Item 3 of this Article, does not determine the extent of damage suffered, then the insurer (insured) or injured (beneficiary) or their representatives can use services of the appraiser and begin recovery (utilization) of property. Costs for the services of the appraiser incurred by the insurer (insured) or injured (beneficiary) or their representatives, are subject to compensation by the insurer regardless of insurance payment.

Determination of the extent of the harm done to the vehicle is performed by the appraiser according to regulatory legal act of the authorized body specified in part two of Item 3 of this Article.

The result of determination of the extent of the harm done to the vehicle made by the appraiser in the case provided by part one of this Item is accepted by the insurer for implementation of insurance payment to the injured (beneficiary) or his representative.";

Subitem 4-2) of Item 2 of Article 25 to state 6) in the following edition:

"4-2) statement for determination of the extent of harm in case, stipulated in Item 3 articles 22 of this Law;";

7) in Article 26-1:

to add Item 2 part one after figures "4-1)" with figures ", 4-2)";

add with item 4 of the following content:

"4. The procedure and conditions of implementation of direct settlement are established by this Law and regulatory legal acts of authorized body.".

8. In the Law of the Republic of Kazakhstan of December 31, 2003 "About compulsory insurance of civil responsibility of tour operator and travel agent" (Sheets of Parliament of the Republic of Kazakhstan, 2003, No. 24, Art. 179; 2006, No. 1, Art. 5; No. 3, Art. 22; 2007, No. 8, Art. 52; 2008, No. 13-14, of Art. 57; 2009, No. 17, Art. 81; No. 24, Art. 134; 2011, No. 12, Art. 111; 2012, No. 13, Art. 91; 2014, No. 14, Art. 84; No. 23, Art. 143; 2015, No. 8, Art. 45; No. 20-IV, Art. 113; No. 22-VI, Art. 159; 2016, No. 6, Art. 45):

in the subitem 3) of Item 1 of Article 12 of the word "estimates of the amount of the insurance payment made" shall be replaced with words "determinations of the amount of insurance payment made".

9. In the Law of the Republic of Kazakhstan of March 10, 2004 "About compulsory insurance in crop production" (Sheets of Parliament of the Republic of Kazakhstan, 2004, No. 5, Art. 26; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 16, Art. 100; 2007, No. 8, Art. 52; 2009, No. 18, Art. 84; No. 24, Art. 134; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2; No. 11, Art. 102; 2012, No. 13, Art. 91; No. 15, Art. 97; 2013, No. 14, Art. 75; 2014, No. 2, Art. 10; No. 7, Art. 37; No. 14, Art. 84; No. 19-I, 19-II, Art. 96; No. 23, Art. 143; 2015, No. 8, Art. 45; No. 20-IV, Art. 113):

The subitem 2) of Article 1 to exclude 1);

"(Independent expert)" to exclude 2) in part two of item 4 of Article 9 of the word;

In paragraph six of Item 2 of Article 10 of the word of "(independent expert)" to exclude 3);

4) in Article 14: in Item 1:

in the paragraph the second "(independent expert)" to exclude words;

in paragraph four of the word "reports of the appraiser (independent expert)" shall be replaced with words "the valuation report of the appraiser";

in paragraph seven of the word of "(independent expert)" to exclude;

in paragraph nine of Item 2 of the word of "(independent expert)" to exclude;

In paragraph five of Item 2 of Article 15 of the word of "(independent expert)" to exclude 5).

10. In the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" (Sheets of Parliament of the Republic of Kazakhstan, 2011, No. 5, Art. 42; No. 15, Art. 118; No. 16, Art. 129; No. 17, Art. 136; No. 24, Art. 196; 2012, No. 2, Art. 11, 16; No. 4, Art. 30, 32; No. 5, Art. 41; No. 6, Art. 43; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 95; No. 21-22, of Art. 124; 2013, No. 2, Art. 13; No. 8, Art. 50; No. 9, Art. 51; No. 15, Art. 82; No. 16, Art. 83; 2014, No. 1, Art. 9; No. 2, Art. 10, 12; No. 4-5, of Art. 24; No. 7, Art. 37; No. 12, Art. 82; No. 19-I, 19-II, Art. 94, 96; No. 22, Art. 131; No. 23, Art. 143; 2015, No. 8, Art. 42; No. 11, Art. 57; No. 14, Art. 72; No. 19-I, Art. 99; No. 19-II, Art. 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 117; No. 21-I, Art. 124; No. 21-II, Art. 130; No. 21-III, Art. 135; No. 22-II, Art. 145, 148; No. 22-VI, Art. 159; No. 23-II, Art. 170, 172; 2016, No. 7-1, of Art. 47; No. 7-11, of Art. 56; No. 8-1, of Art. 62; No. 24, Art. 124; 2017, No. 4, Art. 7; No. 9, Art. 22; No. 11, Art. 29; No. 13, Art. 45; No. 14, Art. 51, 54; 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; The law of the Republic of Kazakhstan of December 25, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan on the tax matters", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 26, 2017):

in part two of Item 2 of Article 110 of the word "experts, and also consulting, estimative," shall be replaced with words "experts, appraisers, and also consulting,".

Article 2. This Law becomes effective after six months after day of its first official publication.

 

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