LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 21, 2019 No. 217-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning strengthening of protection of the property right, arbitration, optimization of judicial loading and further humanization of the penal legislation

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) accepted by the Supreme Council of the Republic of Kazakhstan on December 27, 1994 (Sheets 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-І, Art. 110; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-І, Art. 128; No. 22-І, 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; No. 22-III, Art. 109; 2018, No. 1, Art. 4; No. 10, Art. 32; No. 13, Art. 41; No. 14, Art. 44; No. 15, Art. 50):

"Independent expert" to replace 1) in part two of Item 1 of Article 59 of the word with the word "appraiser";

2) in Article 82:

in the offer the first shall be replaced with words the words "at the price determined by the agreement of partnership with the participant" "according to the procedure, established by the Law of the Republic of Kazakhstan "About partnerships with the limited and accessorial liability";

the offer second to exclude;

3) in Article 291:

add Item 1 with part two of the following content:

"The debtor in obligation fulfillment also has the right to place the money which is due from it on the terms of the deposit addressed to the notary if notarially certified contract between the debtor and the creditor provides placement of money for the deposit of the notary as obligation fulfillment method.";

add Item 2 with part three of the following content:

"Conditions of placement by the debtor of money and securities addressed to the notary, issues to their creditor, and also other conditions of the deposit and storage are established by the legislation of the Republic of Kazakhstan on notariate.";

4) in Article 328:

1) Item 1 parts one after the words "provision of short-term loans" to add the subitem with the words "for the term of no more than one year";

add with Item 2-1 of the following content:

"2-1. The pledge agreement of things in pawnshop stops in connection with realization of subject of pledge.".

2. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 16-17, of Art. 642; No. 23, Art. 929; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; No. 22, Art. 408; 2001, No. 23, Art. 309; No. 24, Art. 338; 2002, No. 10, Art. 102; 2003, No. 1-2, of Art. 7; No. 4, Art. 25; No. 11, Art. 56; No. 14, Art. 103; No. 15, Art. 138, 139; 2004, No. 3-4, of Art. 16; No. 5, Art. 25; No. 6, Art. 42; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 21-22, of Art. 87; No. 23, Art. 104; 2006, No. 4, Art. 24, 25; No. 8, Art. 45; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 3, Art. 21; No. 4, Art. 28; No. 5-6, of Art. 37; No. 8, Art. 52; No. 9, Art. 67; No. 12, Art. 88; 2009, No. 2-3, of Art. 16; No. 9-10, of Art. 48; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 3-4, of Art. 12; No. 5, Art. 23; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50, 53; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 2, Art. 13, 14, 15; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 85; No. 13, Art. 91; No. 14, Art. 92; No. 20, Art. 121; No. 21-22, of Art. 124; 2013, No. 4, Art. 21; No. 10-11, of Art. 56; No. 15, Art. 82; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 11, Art. 61, 69; No. 14, Art. 84; No. 19-І, 19-II, Art. 96; 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. 19-І, Art. 100; No. 19-ІІ, Art. 102; No. 20-VII, Art. 117, 119; No. 22-І, Art. 143; No. 22-II, Art. 145; No. 22-III, Art. 149; No. 22-VI, Art. 159; No. 22-VII, Art. 161; 2016, No. 7-І, Art. 49; No. 7-II, Art. 53; No. 8-І, Art. 62; No. 12, Art. 87; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 13, Art. 45; No. 21, Art. 98; 2018, No. 11, Art. 37; No. 13, Art. 41; No. 14, Art. 44; No. 15, Art. 47; No. 15, Art. 50; No. 19, Art. 62):

In parts one and the fourth Item 1 of Article 740 the word "court" to replace 1) with the word "prosecutor";

Article 1051 to add 2) with Item 4-1 of the following content:

"4-1. In case of submission of the death certificate of person who made the confidential will, the notary not later than in ten days from the date of submission of the death certificate opens envelope with the will in the presence of at least than two witnesses and interested persons who wished to be present at the same time from among legal heirs. After opening of envelope the text of the will containing in it at once is announced by the notary then the notary constitutes and together with witnesses signs the protocol certifying opening of envelope with the will and containing the complete text of the will. The original of the will is stored at the notary. Notarially certified copy of the protocol is issued to heirs.";

Item 2 of article 1068 after words "the heirs specified in Articles" to add 3) with figures "1061,";

4) Article 1073 to add with Item 3 following of content:

"3. Issue of the certificate on the right to inheritance stops in the presence of the heir conceived, but not been born yet till its birth.".

3. In the Land code of the Republic of Kazakhstan of June 20, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 13, Art. 99; 2005, No. 9, Art. 26; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 11, Art. 55; No. 12, Art. 79, 83; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 14, Art. 105; No. 15, Art. 106, 109; No. 16, Art. 129; No. 17, Art. 139; No. 18, Art. 143; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 15-16, of Art. 64; No. 21, Art. 95; No. 23, Art. 114; 2009, No. 2-3, of Art. 18; No. 13-14, of Art. 62; No. 15-16, of Art. 76; No. 17, Art. 79; No. 18, Art. 84, 86; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 6, Art. 49, 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 114; No. 15, Art. 120; 2012, No. 1, Art. 5; No. 2, Art. 9, 11; No. 3, Art. 27; No. 4, Art. 32; No. 5, Art. 35; No. 8, Art. 64; No. 11, Art. 80; No. 14, Art. 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 77, 79, 81; 2014, No. 2, Art. 10; No. 8, Art. 44; No. 11, Art. 63, 64; No. 12, Art. 82; No. 14, Art. 84; No. 19-І, 19-II, Art. 96; No. 21, Art. 118, 122; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 8, Art. 42; No. 11, Art. 57; No. 19-І, Art. 99, 101; No. 19-II, Art. 103; No. 20-IV, Art. 113; No. 20-VII, Art. 115, 117; No. 21-І, Art. 124, 126; No. 22-II, Art. 145; No. 22-VI, Art. 159; 2016, No. 6, Art. 45; No. 7-II, Art. 53, 56; No. 8-II, Art. 72; No. 10, St. 79; 2017, No. 3, Art. 6; No. 4, Art. 7; No. 12, Art. 34; No. 14, Art. 51, 54; No. 23-V, Art. 113; 2018, No. 9, Art. 27; No. 10, Art. 32):

1) in table of contents in Article 88 heading the word "Withdrawal" shall be replaced with words "Compulsory acquisition";

2) in part three of Item 5 of Article 9 the word of "compulsorily aloof" "withdrawn" shall be replaced with words;

Shall be replaced with words 3) in subitem 5-2) of Item 1 of Article 15 of the word "about the redemption" "about alienation";

4) in Article 84:

state Item 1 in the following edition:

"1. The parcel of land can be compulsorily aloof for the state needs in exceptional cases on condition of equivalent compensation of property with the consent of the owner or the non-state land user or by a court decision.";

add with Item 1-1 of the following content:

"1-1. Exceptional cases are understood as lack of different way of satisfaction of the state needs.";

in Item 2:

the paragraph one to state in the following edition:

"2. The state needs in case of compulsory acquisition of the parcels of land in exceptional cases are:";

in the subitem 5) change is made to the text in Kazakh, the text in Russian does not change;

state Item 3 in the following edition:

"3. Compulsory acquisition of the parcel of land for the state needs is performed concerning the parcel of land which is in private property or in land use (with redeemed or with the land use right which is not redeemed from the state).

Compulsory acquisition of the parcel of land provided in land use, for the state needs if the granted right is redeemed from the state by the land user, is performed with compensation to the land user of cost of payment for the redemption of the right of land use, also at his desire other parcel of land according to this Code and the legislation of the Republic of Kazakhstan can be provided.

If the granted right is not redeemed from the state by the land user, other parcel of land according to this Code and the legislation of the Republic of Kazakhstan can be provided to it in exchange.

At the same time indemnification to the land user in case of compulsory acquisition of the parcel of land for the state needs is performed in full according to the procedure, established by the laws of the Republic of Kazakhstan.";

the second Item 6 after the word "information" to add part with words ", including Internet resources of executive bodies,";

Shall be replaced with words 5) in Item 3 of Article 85 of the word "about the redemption" "about alienation";

6) in Article 88:

in heading the word "Withdrawal" shall be replaced with words "Compulsory acquisition";

in Item 1 of the word "about cost for the withdrawn parcel of land or other conditions" shall be replaced with words "under the terms of the agreement on alienation of the parcel of land for the state needs";

To exclude 7) in Item 2-1 of Article 94 of the word "in connection with withdrawal".

4. In the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" (Sheets of Parliament of the Republic of Kazakhstan, 2011, No. 22, Art. 174; 2012, No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 2, Art. 13; No. 9, Art. 51; No. 10-11, of Art. 56; No. 14, Art. 72; 2014, No. 1, Art. 9; No. 6, Art. 28; No. 14, Art. 84; No. 19-І, 19-II, Art. 94, 96; No. 21, Art. 122; No. 22, Art. 128; 2015, No. 10, Art. 50; No. 20-VII, Art. 115; No. 22-II, Art. 145; No. 23-II, Art. 170; 2016, No. 8-II, St. 67; 2017, No. 8, Art. 16; No. 16, Art. 56; 2018, No. 14, Art. 42):

Article 66 to add 1) with Item 2-1 of the following content:

"2-1. For target use of the alimony intended on content of children, and exception of possibility of the address of collection on them upon the demand of the receiver of the alimony or his representative the bank account for transfer of the alimony according to the procedure, established by the bank law of the Republic of Kazakhstan is opened.";

2) article 273 part one after the word of "dead" to add with words "to other persons,".

5. In the Criminal Code of Kazakhstan of July 3, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 13-І, 13-II, Art. 83; No. 21, Art. 122; 2015, No. 16, Art. 79; No. 21-III, Art. 137; No. 22-І, Art. 140; No. 22-III, Art. 149; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 67; No. 12, Art. 87; No. 23, Art. 118; No. 24, Art. 126; 2017, No. 8, Art. 16; No. 9, Art. 21; No. 14, Art. 50; No. 16, Art. 56; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 24, Art. 115; 2018, No. 1, Art. 2; No. 14, Art. 44; No. 15, Art. 46; No. 16, Art. 56):

1) in table of contents:

to state heading of Article 235 in the following edition:

"Article 235. Failure to meet requirement of repatriation of national and (or) foreign currency";

in heading of Article 236 of the word", penalty fee, percent" to exclude;

to exclude heading of Article 393;

2) in Article 3:

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