of April 2, 2019 No. 241-VI ZRK
About modification and amendments in some legal acts of the Republic of Kazakhstan concerning development of business environment and regulation of trading activity
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-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; 2019, No. 2, Art. 6):
Item 1 of Article 42 to state 1) in the following edition:
"1. The legal entity, being non-profit organization, is subject to state registration in judicial authorities.
The legal entity, being the commercial organization, is subject to state registration in The Government for Citizens State corporation, except as specified, provided by legal acts of the Republic of Kazakhstan.
The procedure for state registration is determined by the legislation of the Republic of Kazakhstan.";
2) in Article 50:
state Item 1 in the following edition:
"1. The owner of property of the legal entity or the body which made the decision on liquidation of the legal entity shall without delay in writing or through Internet resource using the digital signature to report about it to the judicial authority or The Government for Citizens State corporation performing registration of legal entities, to body of state revenues in place of registration.";
add Item 5 with parts two and third the following content:
"In case of sale from the public biddings of the pledged property included in structure of property of the liquidated legal entity, requirements of mortgage creditors are met mainly before other creditors within the amount received from realization of pledged property.
In case of insufficiency of the amount from realization of subject of pledge the remained amount of requirements of the mortgage creditor is satisfied according to the procedure of priority, stipulated in Clause 51 of this Code.";
state Item 6 in the following edition:
"6. Payment to creditors of the liquidated legal entity is made by liquidation commission according to the procedure of priority, stipulated in Clause 51 of this Code, according to the interim liquidation balance sheet, since day of its approval. Features of distribution of property of joint-stock companies are established by the legislation of the Republic of Kazakhstan on joint-stock companies.
In the presence as a part of property of the liquidated legal entity of pledged property the mortgage creditor has the right to meet the requirements by acceptance of pledged property in nature.
The liquidation commission within ten working days from the date of obtaining from the mortgage creditor of the notification on acceptance of pledged property in nature carries out its assessment.
Transfer of pledged property to the mortgage creditor is made after evaluating taking into account the requirements provided by parts five and the sixth this Item.
If the estimated value of pledged property less the expenses incurred on pledge subject assessment is more than requirements of the mortgage creditor, the difference returns the mortgage creditor to structure of property of the liquidated legal entity.
If the estimated value of pledged property less the expenses incurred on pledge subject assessment is less than requirements of the mortgage creditor, the requirement of the mortgage creditor in the amount of difference are subject to satisfaction according to the procedure of priority, stipulated in Clause 51 of this Code.";
Subitems 3) and 5) of Item 1 of Article 51 to state 3) in the following edition:
"3) in the third queue - requirements of creditors for the obligations provided with pledge of property of the liquidated bankrupt within the providing amount, except for requirements of creditors - holders of the mortgage bonds provided with pledge of rights to claim under agreements of mortgage housing loan (including pledge of mortgage certificates), government securities of the Republic of Kazakhstan in cases when the property right to the specified bonds arose at their holders are met or passed to them according to transactions or on other bases provided by legal acts of the Republic of Kazakhstan, and also requirements of creditors which are met according to part two of Item 5 or part two of Item 6 of article 50 of this Code;";
"5) in the fifth queue - calculations with other creditors according to legal acts of the Republic of Kazakhstan, and also with mortgage creditors in the cases provided by part three of Item 5 and part six of Item 6 of article 50 of this Code are made;";
Item 3 of Article 327 to state 4) in the following edition:
"3. By agreement of the parties by the pledge agreement the condition that the total cost of pledge of goods in turnover shall not become less than the cost specified in the pledge agreement can be provided.
Reduction of cost of the pledged goods in turnover is allowed in proportion to the performed part of the obligation provided with pledge if other is not provided by the agreement.".
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-II, 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, 50; No. 19, Art. 62; 2019, No. 2, Art. 6):
Items 1 and 2 of Article 483 to state 1) in the following edition:
"1. The agreement of power supply is signed by the power supplying organization with the subscriber in the presence at it the necessary equipment attached to networks of the power transferring organization according to the procedure, established by the legislation of the Republic of Kazakhstan.
2. The agreement is considered the prisoner from the moment of the first actual connection of the subscriber in accordance with the established procedure to the attached network.
If other is not provided by the agreement of the parties, such agreement is considered the prisoner sine die and can be changed or terminated on the bases, stipulated in Article the 490th of this Code.";
2) in Item 3 of Article 940 of the word "to women is more senior than fifty eight years and to men is more senior than sixty three years" shall be replaced with words to "persons which reached the retirement age established by the legislation of the Republic of Kazakhstan on provision of pensions".
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-I, 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, Art. 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; 2019, No. 1, Art. 4; No. 2, Art. 6):
Item 1 of Article 14 to add 1) with subitems 2-9) and 2-10) of the following content:
"2-9) development and approval of the standard agreement of temporary paid land use (lease) of the parcel of land;
2-10) development and approval of the standard agreement of purchase and sale of the parcel of land;";
2) in part one of Item 1 of Article 48:
state subitem 5-1) in the following edition:
"To 5-1) physical persons and legal entity for construction of buildings (structures, constructions) and their engineering and communication networks in the territory where earlier they carry out prospecting works for the purposes of construction according to Article of 71 of this Code, under condition if they redeem the rights to the parcels of land which belonged to the third parties, within the planned building according to the draft of the detailed layout earlier;";
add with subitem 5-2) of the following content:
"To 5-2) physical persons and legal entity for construction of engineering and communication networks and systems to the parcels of land belonging to them on the property right and land use;";
3) in Article 92:
the second Item 3 to exclude part;
add with Item 3-1 of the following content:
"3-1. The periods of non-use of the parcel of land to destination provided in Items 2 and 3 of this Article do not join time during which the parcel of land could not be used for designated purpose owing to force majeure.".
4. 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-І, 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-І, 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; No. 23-III, Art. 111; No. 23-V, Art. 113; 2018, No. 10, Art. 32; No. 19, Art. 62; No. 24, Art. 93):
Article 17 to add 1) with subitem 26-3) of the following content:
"26-3) develops and approves technical specific standard rates of issues, including for portable sources of emissions of pollutants in the atmosphere;";
Items 2 and 3 of Article 26 to state 2) in the following edition:
"2. Technical specific standard rates of issues affirm authorized body in the field of environmental protection and are basis of complex ecological permissions.
3. Technical specific standard rates of issues for portable sources of emissions of pollutants in the atmosphere affirm authorized body in the field of environmental protection.";
Item 1 of Article 40 to state 3) in the following edition:
"1. Economic and other activity for which the environmental impact assessment is performed on the importance and completeness of assessment is divided into 4 categories - I, II, III, IV.
The types of activity belonging to 1 and 2 classes of danger according to sanitary classification of production facilities, dumping of sewage (in water objects, on land relief, in ponds stores and (or) ponds evaporators, in treatment facilities) from types of activity of the above-stated classes of danger, and also exploration and production of minerals, except popular belong to the I category.
The types of activity belonging to the 3rd class of danger according to sanitary classification of production facilities, production of popular minerals belong to the II category.
The types of activity belonging to the 4th class of danger according to sanitary classification of production facilities belong to the III category.
The types of activity belonging to the 5th class of danger according to sanitary classification of production facilities belong to the IV category.".
5. 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-І, 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-І, Art. 100; No. 19-II, Art. 106; No. 20-IV, Art. 113; No. 20-VII, Art. 117; No. 21-І, Art. 121, 124; No. 21-II, Art. 130, 132; No. 22-І, 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-І, Art. 62; No. 12, St. 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; No. 20, Art. 96; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 115; 2018, No. 1, Art. 2; No. 7-8, of Art. 22; No. 9, Art. 31; No. 10, Art. 32; No. 12, Art. 39; No. 14, Art. 42; No. 15, Art. 47, 50; No. 16, Art. 55; No. 19, Art. 62; No. 22, Art. 82, 83; No. 24, Art. 93; 2019, No. 1, Art. 4; The law of the Republic of Kazakhstan of March 18, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the defense and aerospace industry, information security in the field of informatization", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on March 19, 2019):
1) subitem paragraph two 1) of Item 2 of Article 22 to add with words ", the alternative tax on subsurface use";
The subitem 16) of Item 1 of Article 51 to state 2) in the following edition:
"16) collection for state registration of legal entities and accounting registration of branches and representations, and also their re-registration, except for legal entities, being the commercial organizations, their branches and representations;";
The subitem 12) of Item 1 of Article 52 to state 3) in the following edition:
"12) collection for state registration of legal entities and accounting registration of branches and representations, and also their re-registration, except for legal entities, being the commercial organizations, their branches and representations;";
The paragraph the twenty ninth the subitem 8) of Item 1 of Article 53 to state 4) in the following edition:
"realization of mechanisms of price stabilization on socially important food products;";
Item 1 of Article 89 to add 5) with the subitem 5) of the following content:
"5) the account in foreign currency opened for the authorized state body performing foreign policy activities on currency types in the bank of the second level for transfer of budget money and their use on expense recovery for official journeys to foreign states according to the procedure established by the legislation of the Republic of Kazakhstan.".
6. 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, St. 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, 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; 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; No. 7-8, of Art. 22; No. 9, Art. 27; No. 10, Art. 32; No. 11, Art. 36, 37; No. 12, Art. 39; No. 13, Art. 41; No. 14, Art. 44; No. 15, Art. 46, 49, 50; No. 16, Art. 53; No. 19, Art. 62; No. 22, Art. 82; No. 23, Art. 91; No. 24, Art. 93, 94; 2019, No. 1, Art. 2, 4; No. 2, Art. 6; The Law of the Republic of Kazakhstan of March 18, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the defense and aerospace industry, information security in the field of informatization", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on March 19, 2019):
1) in table of contents:
to state heading of Chapter 22 in the following edition:
"Chapter 22. Administrative offenses in the field of protection and quarantine of plants, the grain market and storage of grain, cotton industry, seed farming and the state veterinary health control and supervision, breeding livestock production, production of organic products, and also realization of mechanisms of price stabilization for socially important food products";
to state heading of Article 405 in the following edition:
"Article 405. Limiting non-compliance with the trade allowance in case of realization of mechanisms of price stabilization on socially important food products";
Article 202 to state 2) in the following edition:
"Article 202. Exceeding of the extent of maximum permissible retail prices on socially important food products
1. Excess by subjects of domestic trade of the extent of maximum permissible retail prices on socially important food products according to the legislation of the Republic of Kazakhstan on regulation of trading activity
attracts penalty in the amount of hundred monthly settlement indicators.
2. The action provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty in the amount of two hundred monthly settlement indicators.";
Part the seventh Article 230 to exclude 3);
4) in Article 268:
the fourth to exclude part;
in part eleven "daily" to exclude the word;
Article 284 to add 5) with parts of the nineteenth and twentieth of the following content:
"19. Violation by the operator of fiscal data of procedure for acceptance, storage of data from cash registers with function of fixing and (or) data transmission about the cash calculations perfromed in case of sales of goods, performance of works, rendering services and also their transfers to bodies of state revenues
attracts the prevention.
20. The act provided by part of the nineteenth this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty on the operator of fiscal data in the amount of hundred fifty monthly settlement indicators.";
Heading of Chapter 22 to state 6) in the following edition:
"Chapter 22. Administrative offenses in the field of protection and quarantine of plants, the grain market and storage of grain, cotton industry, seed farming and the state veterinary health control and supervision, breeding livestock production, production of organic products, and also realization of mechanisms of price stabilization for socially important food products";
Article 405 to state 7) in the following edition:
"Article 405. Limiting non-compliance with the trade allowance in case of realization of mechanisms of price stabilization on socially important food products
Limiting non-compliance with the trade allowance in case of realization of mechanisms of price stabilization on socially important food products
attracts penalty on legal entities in the amount of two hundred fifty monthly settlement indicators.";
8) in part one of Article 684 of the word "405 (part one)" to exclude;
Shall be replaced with words 9) in part one of Article 724 of the word "230 (parts one, third, the fourth, the fifth, sixth and seventh)" "230 (parts one, third, the fourth, fifth and sixth)";
"405 (part two)" to replace 10) in part one of Article 729 of the word with figures "405";
11) in the subitem 47) of part one of Article 804 of the word "405 (part one)" to exclude.
7. In the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (The sheet of Parliament of the Republic of Kazakhstan, 2015, No. 20-II, 20-III, Art. 112; 2016, No. 1, Art. 4; No. 6, Art. 45; No. 7-II, Art. 55; No. 8-І, Art. 62, 65; No. 8-II, Art. 72; No. 12, Art. 87; No. 23, Art. 118; No. 24, Art. 124, 126; 2017, No. 9, Art. 21; No. 14, Art. 50, 51; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 115; 2018, No. 10, Art. 32; No. 11, Art. 37; No. 14, Art. 44; No. 15, Art. 46, 49, 50; No. 19, Art. 62; No. 22, Art. 82, 83; No. 24, Art. 94; 2019, No. 2, Art. 6; The law of the Republic of Kazakhstan of March 18, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the defense and aerospace industry, information security in the field of informatization", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on March 19, 2019):
Heading of Article 238 to state 1) in table of contents in the following edition:
"Article 238. Realization of mechanisms of price stabilization on socially important food products";
Item 3 of Article 52 to state 2) in the following edition:
"3. State registration of the legal entities belonging to subjects of entrepreneurship, and accounting registration of their branches and representations are performed by The Government for Citizens State corporation (registering body), except as specified, provided by legal acts of the Republic of Kazakhstan.";
3) subitems 1), of Item 2 of Article 102 to state 3), 4) and 5) in the following edition:
"1) interacts with the body making investigations concerning special protective, anti-dumping and countervailing measures;";
"3) coordinates work of state bodies of the Republic of Kazakhstan concerning special protective, anti-dumping and countervailing measures;
Creates 4) and approves offers on special protective, anti-dumping and countervailing measures with the interested state bodies of the Republic of Kazakhstan;
5) develops regulatory legal acts concerning special protective, anti-dumping and countervailing measures;";
Part one of Item 2 of Article 112-1 to state 4) in the following edition:
"2. Provisions of this Chapter do not extend to the information tools which are available in the field of tax, customs, financial policy, statistical activities, and also extending to one subject of regulation.";
Article 124-5 to add 5) with item 4 of the following content:
"4. The authorized body performing management in spheres of natural monopolies when implementing the state control of observance of procedure for pricing and obligations of the subject of the socially significant market interacts with law enforcement agencies within the competence established by the legislation of the Republic of Kazakhstan.";
Article 124-6 to add 6) with subitem 5-1) of the following content:
"5-1) reduces ceiling prices for the goods (works, services) realized by subjects of the socially significant markets in the amount of income gained in connection with:
non-execution of the actions of investing program considered in marginal prices;
non-use of the funds for purchase and (or) transfer of electrical energy, commodity gas considered in marginal prices;
exceeding of amounts of consumption of goods (works, services), including separate customer groups considered in marginal prices;
ceiling exceeding of the price for goods (works, services) approved by the authorized body performing management in spheres of natural monopolies;";
Item 3 of Article 124-7 to add 7) with the words "and rules of pricing in the socially significant markets";
8) in Article 124-8:
in the subitem 1):
the fourth and fifth to state paragraphs in the following edition:
"no later than August 1 of the current calendar year and on May 1 the next calendar year information following the results of half-year, year about execution or about non-execution of the investing program considered in marginal price in the form approved by the authorized body performing management in spheres of natural monopolies;
information necessary for conducting examination of the price, electronically in the terms established by the authorized body performing management in spheres of natural monopolies which cannot be less than five working days from the date of receipt of the relevant requirement by the subject of the socially significant market;";
add with the paragraph the sixth the following content:
"semi-annual information on use of the means on purchase and (or) transfer of electrical energy, commodity gas considered in marginal price with appendix of confirmatory materials no later than the twenty fifth following reporting half-year, except for subjects of the socially significant markets specified in subitems 2), 4) and 5) of Item 1 of Article 124-5 of this Code;";
2) to state the subitem in the following edition:
"To provide 2) in the authorized body performing management in spheres of natural monopolies, electronically at least in thirty calendar days information on the forthcoming increase in prices for goods (works, services) above marginal price and the reasons of their increase with representation of the proving materials confirming the increase reasons;";
add with subitem 4-1) of the following content:
"4-1) to place in mass media according to the procedure, determined by the authorized body performing management in spheres of natural monopolies:
semi-annual information on use of the means on purchase and (or) transfer of electrical energy, commodity gas considered in marginal price no later than the twenty fifth following reporting half-year, except for subjects of the socially significant markets specified in subitems 2), 4) and 5) of Item 1 of Article 124-5 of this Code;
semi-annual information on income gained as a result of exceeding of amounts of consumption of goods (works, services), including separate customer groups considered in marginal price no later than the twenty fifth following reporting half-year;
semi-annual information on execution or on non-execution of the investing program considered in marginal price no later than the twenty fifth following reporting half-year;
information on ceiling increase in prices for goods (works, services) and the proving materials no later than five working days from the date of their direction on approval to the authorized body performing management in spheres of natural monopolies;";
Part third of Item 3 of Article 137 to add 9) with words ", in spheres of natural monopolies, behind observance of procedure for pricing and the obligations of the subject of the socially significant market established by this Code";
Article 138 to add 10) with the subitem 115) of the following content:
"115) in the field of production and turnover concerning the goods which are subject to marking and traceability.";
11) in Article 141:
in part one of Item 2 of the word "with subitems 1), 2) and 4)" shall be replaced with words "with subitems 1), 2), 4) and 7)";
the eleventh Item 3 to add part with the subitem 7) of the following content:
"7) control in spheres of natural monopolies, behind observance of procedure for pricing and the obligations of the subject of the socially significant market established by this Code.";
Item 9 of Article 144 to state 12) in the following edition:
"9. The listed bases for carrying out unscheduled inspection are applied to structural divisions of state bodies, legal entities, structural divisions of legal nonresident persons, the legal nonresident persons performing activities without registration in judicial authorities or registering body.";
13) in Article 175:
state Item 4-1 in the following edition:
"4-1. The price of exchange goods which developed during properly the held auction at commodity exchanges and electronic trading platforms is not recognized exclusively high (low) according to the procedure, determined by antimonopoly authority if such price is not established as a result of implementation of the monopolistic activities limited to this Code.
The price of exchange goods is not recognized exclusively high according to the procedure, determined by antimonopoly authority if it does not exceed the price which developed for the considered period during properly the held auction at commodity exchanges and electronic trading platforms.
The fact of establishment of exclusively high (low) price is elicited by investigation of violations of the law of the Republic of Kazakhstan in the field of protection of the competition.";
add with Item 7 of the following content:
"7. In case of determination of exclusively high price of goods according to Item 1 of this Article the exchange and off-exchange indicators of the prices established on world and Kazakhstan the markets of similar goods are considered.";
Item 5 of Article 200 to state 14) in the following edition:
"5. State registration, re-registration of subjects of the market, the rights to real estate in the cases provided by subitems 1) and 3) of Item 1 of Article of 201 of this Code are performed by The Government for Citizens State corporation with the consent of antimonopoly authority.";
Article 238 to state 15) in the following edition:
"Article 238. Realization of mechanisms of price stabilization on socially important food products
1. For the purpose of stabilization of the market of food products the state realizes price stabilization mechanisms on socially important food products.
2. Price stabilization mechanisms on socially important food products are implemented according to rules of realization of mechanisms of price stabilization on socially important food products.
3. The list of the specialized organizations realizing price stabilization mechanisms on socially important food products affirms the Government of the Republic of Kazakhstan.";
16) in Article 292:
2) of Item 1 to state the subitem in the following edition:
"2) copies of the charter of the legal entity, witnessed signature of the head and seal of the legal entity.
If the legal entity is subject of private entrepreneurship, the fastening of documents is not required by seal;";
state Item 2 in the following edition:
"2. If the request for provision of investment preferences provides preferences on taxes and (or) investment subsidy, the investor represents the conclusion of state examination of the preproject and (or) project documentation certified by the signature of the head, according to the procedure, determined by the legislation of the Republic of Kazakhstan.".
8. In the Code of civil procedure of the Republic of Kazakhstan of October 31, 2015 (The sheet of Parliament of the Republic of Kazakhstan, 2015, No. 20-V, 20-VI, Art. 114; 2016, No. 7-II, Art. 55; No. 12, Art. 87; 2017, No. 1-2, of Art. 3; No. 4, Art. 7; No. 8, Art. 16; No. 16, Art. 56; No. 21, Art. 98; 2018, No. 10, Art. 32; No. 13, Art. 41; No. 14, Art. 44; No. 16, Art. 53; No. 24, Art. 93; 2019, No. 2, Art. 6):
1) in table of contents:
to state heading of Article 39 in the following edition:
"Article 39. Bases for removal (rejection) of the prosecutor, expert, specialist, translator, consultant, court session secretary";
add with headings of Chapter 5-1, of Articles 56-1, 56-2, of Chapter 11-1, of Articles 133-1, 133-2 and 133-3 of the following content:
"Chapter 5-1. The other persons who are involved in consideration of the case
Article 56-1. Consultant
Article 56-2. Court session secretary";
"Chapter 11-1. Features of electronic legal proceedings
Article 133-1. Format of civil legal proceedings
Article 133-2. Electronic documents
Article 133-3. Participation in judicial session by use of technical means of communication";
Paragraph one of part one of Article 31 after words of "real estate from arrest" to add 2) with words ", about the address of collection on the pledged real estate, about the termination or recognition of the agreement of pledge of real estate invalid";
3) heading, speak rapidly first and third articles 39 after the word of "translator", to add with the word of "consultant";
Part one of Article 46 to add 4) with the paragraph the second the following content:
"Participation in case can be provided with use of technical means of communication in cases and procedure which are established by this Code.";
Paragraph one of part one of Article 56 to state 5) in the following edition:
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