LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 13, 2018 No. 160-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning activities of non-profit organizations

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

1. 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-І, 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-І, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-І, Art. 124, 125; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-І, 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-І, Art. 166, 169; No. 23-II, Art. 172; 2016, No. 1, Art. 4; No. 2, Art. 9; No. 6, Art. 45; No. 7-І, Art. 49, 50; No. 7-II, Art. 53, 57; No. 8-І, Art. 62, 65; No. 8-II, Art. 66, 67, 68, 70, 72; No. 12, Art. 87; No. 22, St. 116; No. 23, St. 118; No. 24, St. 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; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 114, 115; 2018, No. 1, Art. 4; The law of the Republic of Kazakhstan of April 16, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning employment and population shift", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 18, 2018; The Law of the Republic of Kazakhstan of May 4, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of land relations", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 10, 2018; The Law of the Republic of Kazakhstan of May 24, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of regulation of business activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 28, 2018):

the paragraph one of part one of Article 489-1 to state in the following edition:

"1. Non-presentation, untimely representation, and is equal submission to authorized body in the field of interaction with non-governmental organizations of doubtful or obviously false data on the activities, including about the founders (participants), structure of property, sources of forming and the directions of expenditure of money, the non-profit organizations created in the form of private institution, public, corporate and private funds, consolidation of legal entities in the form of association (union), public association, non-commercial joint-stock company (except for political parties, religious associations and labor unions, non-commercial joint-stock companies, founder or the shareholder of which is the state, the affiliated, dependent and other legal entities who are affiliated with them according to legal acts of the Republic of Kazakhstan), and also branches and representative offices (separate divisions) of foreign and international non-profit organizations performing activities in the territory of the Republic of Kazakhstan -".

2. In the Law of the Republic of Kazakhstan of January 16, 2001 "About non-profit organizations" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 1, Art. 8; No. 24, Art. 338; 2003, No. 11, Art. 56; 2004, No. 5, Art. 30; No. 10, Art. 56; 2005, No. 13, Art. 53; 2006, No. 8, Art. 45; No. 15, Art. 95; 2007, No. 2, Art. 18; No. 9, Art. 67; No. 17, Art. 141; 2010, No. 5, Art. 23; No. 7, Art. 28; 2011, No. 2, Art. 21; No. 5, Art. 43; No. 17, Art. 136; No. 23, Art. 179; No. 24, Art. 196; 2012, No. 2, Art. 13; No. 8, Art. 64; No. 21-22, of Art. 124; 2013, No. 10-11, of Art. 56; No. 15, Art. 81; 2014, No. 11, Art. 63, 67; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 16, Art. 79; No. 20-І, Art. 110; No. 21-І, Art. 128; No. 22-І, Art. 140; No. 23-І, Art. 166; No. 23-ІІ, Art. 170; 2016, No. 7-II, Art. 55; 2017, No. 1-2, of Art. 3; No. 4, Art. 7; The Law of the Republic of Kazakhstan of May 24, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of regulation of business activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 28, 2018):

to state Item 5 of Article 41 in the following edition:

"5. The non-profit organizations created in the form of private institution, public association, non-commercial joint-stock company, public, corporate and private funds, consolidation of legal entities in the form of association (union) and also branches and representative offices (separate divisions) of foreign and international non-profit organizations performing activities in the territory of the Republic of Kazakhstan annually till March 31 represent to authorized body in the field of interaction with non-governmental organizations of the data on the activities, including about the founders (participants), structure of property, sources of forming and the directions of expenditure of money, according to the procedure, determined by authorized body in the field of interaction with non-governmental organizations.

The requirements provided by part one of this Item do not extend to non-commercial joint-stock companies, founder or the shareholder of which is the state, on affiliated, dependent and other legal entities who are affiliated with them according to legal acts of the Republic of Kazakhstan on the public associations created in the form of political parties, religious associations and labor unions and also on non-profit organizations, the stipulated in Article 17 these Laws.".

3. In the Law of the Republic of Kazakhstan of April 12, 2005 "About the state social order, grants and awards for non-governmental organizations in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2005, No. 6, Art. 8; 2011, No. 21, Art. 171; 2012, No. 5, Art. 35; 2013, No. 5-6, of Art. 30; 2014, No. 3, Art. 21; 2015, No. 23-І, St. 166; 2017, No. 8, Art. 16):

1) in Article 1:

add with subitems 3-3), 4-2) and 4-3) of the following content:

"3-3) standards of the state social order - the regulatory legal acts establishing quality requirements, to conditions, content of the services rendered by non-governmental organizations and also criteria for evaluation of their quality;";

"4-2) forming of the state social order - planning process of subjects of the state social order according to competence of state body;

4-3) assessment of results of the state social order - efficiency analysis of implementation of the state social order;";

state subitem 8-1) in the following edition:

"8-1) authorized body in the field of interaction with non-governmental organizations (further - authorized body) - the state body performing management and cross-industry coordination in the field of interaction with non-governmental organizations;";

2) Article 2 to add with Item 3 following of content:

"3. Operation of this Law does not extend to the standards establishing rules, the general principles and characteristics in relation to objects of technical regulation.";

The subitem 3) of Article 4 to exclude 3);

4) in Article 4-1:

1) to state the subitem in the following edition:

"1) performs coordination of activities of state bodies for forming, realization, monitoring of realization and assessment of results of the state social order;";

in the subitem 2) words", creating and realizing the state social order" shall be replaced with words ", performing forming, realization, monitoring of realization and assessment of results of the state social order";

state subitem 2-1) in the following edition:

"2-1) provides grants through the operator, approves rules of provision of grants and implementation of monitoring of their realization;";

add with subitem 3-1) of the following content:

"3-1) places subjects of the state social order realized by state bodies on the Internet resource;";

5) to state the subitem in the following edition:

"Develops 5) and approves rules of forming, monitoring of realization and assessment of results of the state social order;";

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

"5-1) develops and approves standards of the state social order;";

in the subitem 8) shall be replaced with words the word "provided" "provided by this Law, others";

5) in Article 4-2:

in part one:

1) to state the subitem in the following edition:

"1) enable forming, the realization, monitoring of realization and assessment of results of the state social order;";

add with subitem 3-1) of the following content:

"3-1) place the planned and implementable subjects of the state social order and assessment of results of the state social order on the Internet resources;";

the second to state part in the following edition:

"Local executive bodies:

1) are collected, generalized and represented to authorized body of the data on the non-governmental organizations performing activities in the territory of the corresponding administrative and territorial unit of the Republic of Kazakhstan;

2) is provided by grants through the operator according to the legislation of the Republic of Kazakhstan;

3) is performed for the benefit of local public administration by other powers on interaction with non-governmental organizations assigned to local executive bodies by the legislation of the Republic of Kazakhstan.";

6) in Article 5:

in Item 1:

5) to state the subitem in the following edition:

"5) assistance to the solution of family and demographic and gender issues;";

6) to exclude the subitem;

9) and 13) to state subitems in the following edition:

"9) assistance to ensuring labor employment of the population;";

"13) strengthening of public consent and national unity;";

add with the subitem 15) of the following content:

"15) assistance to development of civil society, including to increase in efficiency of activities of non-governmental organizations.";

add with Item 3 following of content:

"3. Within the directions of the state social order subjects are created.";

Item 2 of Article 6 to state 7) in the following edition:

"2. The state social order is performed according to the legislation of the Republic of Kazakhstan on the state social order, grants and awards for non-governmental organizations in the Republic of Kazakhstan and about public procurements.";

To state Items 1 and 2 of Article 6-1 in the following edition:

"1. Grants are subdivided on:

1) the state grants provided at the expense of budgetary funds;

2) the non-state grants provided from non-budgetary sources of financing.

2. Grants are provided through the operator according to the contract for provision of grant for implementation of social programs, the social projects developed by non-governmental organizations.";

Items 1, of 2, of the 3 and 5 Article 6-3 to state 9) in the following edition:

"1. Award of awards is performed by authorized body according to the procedure, determined by the legislation of the Republic of Kazakhstan.

Awards are awarded to the non-governmental organizations which provided data to the Database of non-governmental organizations according to the procedure, determined by the legislation of the Republic of Kazakhstan.

2. Applications for competition of award are submitted by non-governmental organizations to authorized body annually till September 1.

The same non-governmental organization cannot be pushed on award competition more than in one direction of award.

3. Repeated promotion of non-governmental organizations on award competition within three years after its obtaining is not allowed.";

"5. The award in one direction can be awarded to one or at the same time to several job seekers. In case of winning of the award to several job seekers the award is divided between them into equal parts.".

4. In the Law of the Republic of Kazakhstan of May 4, 2010 "About consumer protection" (Sheets of Parliament of the Republic of Kazakhstan, 2010, No. 9, Art. 43; 2011, No. 11, Art. 102; 2014, No. 1, Art. 4; No. 21, Art. 122; No. 22, Art. 128; No. 23, Art. 143; 2015, No. 20-IV, Art. 113; No. 22-VII, Art. 161; 2016, No. 7-II, Art. 55; No. 8-II, Art. 70; The Law of the Republic of Kazakhstan of May 24, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of regulation of business activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 28, 2018):

13) of Article 5 to state the subitem in the following edition:

"13) enables forming, the realization, monitoring of realization and assessment of results of the state social order on carrying out researches, information and educational work and rendering the consulting help to the population concerning consumer protection;".

5. In the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" (Sheets of Parliament of the Republic of Kazakhstan, 2013, No. 5-6, of Art. 29; 2014, No. 19-І, 19-II, Art. 96; 2015, No. 21-І, Art. 121; No. 22-II, Art. 145; No. 22-V, Art. 154, 156; No. 23-II, Art. 170; 2016, No. 7-І, Art. 50; The Law of the Republic of Kazakhstan of May 24, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of regulation of business activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 28, 2018):

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

"6) enables forming, the realization, monitoring of realization and assessment of results of the state social order on carrying out public monitoring of quality of rendering the state services;".

6. In the Law of the Republic of Kazakhstan of July 4, 2013 "About National chamber of entrepreneurs of the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2013, No. 15, Art. 80; 2014, No. 12, Art. 82; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 20-IV, Art. 113; No. 21-І, Art. 128; No. 22-V, Art. 152; 2016, No. 7-І, Art. 47; No. 7-II, Art. 55; 2017, No. 23-III, Art. 111; The Law of the Republic of Kazakhstan of May 24, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of regulation of business activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 28, 2018):

Paragraph one of Item 3 of Article 5 to state 1) in the following edition:

"3. Interaction of National chamber with the Government of the Republic of Kazakhstan and state bodies is performed according to the procedure, the determined this Law, other regulatory legal acts and the agreement on interaction, in:";

Item 3 of Article 18 to state 2) in the following edition:

"3. In National chamber, regional chambers other bodies according to their charters can be created.";

3) in Article 19:

exclude Item 2;

add Item 3 with subitem 2-1) of the following content:

"2-1) approval of procedure, terms of elections of delegates of regional councils and procedure for forming of regional councils;";

in Item 5:

words", and also procedure for elections of delegates of regional councils are determined" to replace with the word "is determined";

4) in Article 21:

in Item 1:

in part one of figure "52" to replace with figures "50";

in part two:

1) to exclude the subitem;

in the subitem 3):

to replace the word of "sixteen" with the word of "seventeen";

add with words ", self-regulatory organizations in the field of business activity";

exclude Item 3;

5) in Article 25:

state Items 1 and 2 in the following edition:

"1. Regional council is the supervisory body of regional chamber and is created according to the procedure, approved by congress, of delegates of subjects of entrepreneurship, and also representatives of associations (unions), self-regulatory organizations in the field of business activity within the quota established by congress differentially for each area, the city of republican value and the capital.

2. Delegates of regional council are elected by direct vote by delegates of subjects of entrepreneurship in regional, industry councils of regional chamber for a period of four years according to the procedure, approved by congress.";

exclude Items 3 and 4;

6) in Article 32:

add Item 5 with part two of the following content:

"Powers of the members of regional councils of areas appointed according to part one of this Item, the cities of republican value and the capital expire from the date of completion of forming of regional councils of areas, cities of republican value and the capital according to article 25 of this Law.";

exclude Item 10.

7. In the Law of the Republic of Kazakhstan of February 9, 2015 "About the state youth policy" (Sheets of Parliament of the Republic of Kazakhstan, 2015, No. 3, the Art. 12):

The subitem 4) of Article 6 to state 1) in the following edition:

"4) enables forming, the realization, monitoring of realization and assessment of results of the state social order concerning the state youth policy;";

The subitem 3) of Article 7 to state 2) in the following edition:

"3) enables forming, the realization, monitoring of realization and assessment of results of the state social order concerning education;";

The subitem 3) of Article 9 to state 3) in the following edition:

"3) enables forming, the realization, monitoring of realization and assessment of results of the state social order concerning health protection and promotion of healthy lifestyle among youth;";

The subitem 4) of Article 12 to state 4) in the following edition:

"4) enables forming, the realization, monitoring of realization and assessment of results of the state social order directed to support of youth initiatives on culture, strengthening of public consent and national unity;";

The subitem 5) of Article 13 to state 5) in the following edition:

"5) enables forming, the realization, monitoring of realization and assessment of results of the state social order on development of physical culture and sport among youth;";

The subitem 4) of Article 14 to state 6) in the following edition:

"4) enables forming, the realization, monitoring of realization and assessment of results of the state social order concerning strengthening of interfaith consent and religious tolerance among youth;";

The subitem 5) of Article 15 to state 7) in the following edition:

"5) enable forming, the realization, monitoring of realization and assessment of results of the state social order concerning prevention of offenses among youth;";

8) 4) of Article 17 to state the subitem in the following edition:

"4) enables forming, the realization, monitoring of realization and assessment of results of the state social order on participation of youth in the solution of questions of environmental protection;".

Article 2. This Law becomes effective after ten calendar days after day of its first official publication, except for the subitem 1), subitem paragraph two 3) and the subitem 4) of Item 6 of Article 1, which become effective since July 22, 2018.

 

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