LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 3, 2019 No. 243-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning special economic and industrial zones, investment attraction, development and promotion of export, and also social security

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

1. 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, 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):

Table of contents to add 1) with heading of Article 119-2 of the following content:

"Article 119-2. Earth of special economic zones, industrial zones of republican and regional value";

The subitem 2) of Item 1 of Article 16 to state 2) in the following edition:

"2) provision of the parcels of land for the purposes of subsurface use (for work on production; on the combined exploration and production; on construction and (or) operation of the underground constructions which are not connected with investigation and (or) production), constructions (reconstruction) of bulk distribution lines, objects of oil refining and gas, and also compulsory acquisition of the parcels of land for the state needs in case of detection and under development of mineral deposits, for construction of bulk distribution lines;";

3) in Article 33:

3) and 3-1) parts six of Item 1 to state subitems in the following edition:

"3) by transfer of the parcels of land by managing company to secondary land use (sublease) according to the legislation of the Republic of Kazakhstan on special economic and industrial zones;

3-1) in case of alienation by the participant of special economic zone or industrial zone of republican or regional value or persons performing auxiliary types of activity in the territory of special economic zone, for benefit of managing company of special economic or industrial zone of the parcel of land which is in state-owned property with infrastructure facilities;";

state Item 3 in the following edition:

"3. Transfer by the land user of the parcel of land belonging to him to temporary land use to other person (the secondary land user), and also alienation of the right of temporary land use are made taking into account provisions of regulations, stipulated in Item 4 Articles 32 and Item 3 of article 37 of this Code and the legislation of the Republic of Kazakhstan on special economic and industrial zones.";

Item 2 of Article 35 to add 4) with parts three and the fourth the following content:

"The right of temporary paid land use on the lands used for placement of special economic zone is provided to managing companies of special economic zone for the term of creation of special economic zone.

The right of temporary land use on the lands used for placement of industrial zone of republican or regional value is provided to managing companies of industrial zone of republican or regional value for the term determined in the decision of local executive body of area, city of republican value, the capital on creation of industrial zone, but at least 20 years.";

Article 37 to add 5) with Item 5-1 of the following content:

"5-1. Provision of the right of temporary paid land use for placement of special economic zone or industrial zone of republican or regional value is performed for the term provided by parts three and the fourth Item 2 of article 35 of this Code.";

Item 1-1 of Article 43 to add 6) with part three of the following content:

"Features of provision of the parcels of land for creation of special economic zones or industrial zones of republican or regional value are determined according to Article 119-2 of this Code.";

7) in Article 47:

add Item 3 with part four of the following content:

"The authorized body of area, city of republican value, the capital, area, city of regional value in the location of the parcel of land in case of the appeal of managing company of industrial zone of republican or regional value about sale of part of the parcel of land provided to it in temporary paid land use to the participant of industrial zone of republican or regional value according to the subitem 2) of part one of Item 2 of Article 119-2 of this Code performs allocation of the sold part of the parcel of land according to this Code.";

add with Item 3-1 of the following content:

"3-1. In case of intention of the redemption by the participant of special economic zone or industrial zone of republican or regional value or person performing auxiliary types of activity in the territory of special economic zone in private property of the parcel of land provided to it according to the legislation of the Republic of Kazakhstan on special economic and industrial zones, this participant or person submits the application to managing company of special economic or industrial zone according to Article 119-2 of this Code.";

8) 1) and 10) to state subitems to part one of Item 1 of Article 48 in the following edition:

"1) for implementation of investment projects according to article 284 of the Entrepreneurial code of the Republic of Kazakhstan;";

"10) to the participant of special economic zone or industrial zone of republican or regional value, managing company of special economic zone or industrial zone according to the legislation of the Republic of Kazakhstan on special economic and industrial zones;";

Item 1 of Article 49-2 to add 9) with the words "and creations of special economic zones or industrial zones of republican or regional value";

Part the fourth Item 3 of Article 107 to state 10) in the following edition:

"The commercial zone includes the earth of special economic zones, industrial zones of republican and regional value, production facilities, objects of trade, public catering, consumer services, objects of engineering and transport infrastructure, and also the lands intended for establishment of sanitary protection zones of these objects and other objects connected with business activity.";

To add 11) with Article 119-2 of the following content:

"Article 119-2. Earth of special economic zones, industrial zones of republican and regional value

1. The earth of special economic zones, industrial zones of republican and regional value are provided in temporary paid land use from the lands which are not belonging to the category of lands of agricultural purpose, the relevant managing companies which in turn present them to participants of special economic zones, industrial zones of republican and regional value according to the procedure and on the conditions established by the legislation of the Republic of Kazakhstan on special economic and industrial zones.

2. Participants of special economic zones, industrial zones of republican and regional value have the right to redeem the parcels of land received according to the legislation of the Republic of Kazakhstan on special economic and industrial zones, according to the procedure, provided by this Code, in the following cases:

1) after the expiration of functioning of special economic zone on condition of obligation fulfillment, provided by the agreement on implementation of activities as the participant of special economic zone;

2) at any time on condition of commissioning of all objects provided by the project of the participant of industrial zone of republican or regional value.

At the same time the participant of industrial zone of republican or regional value in the case provided by the subitem 2) of part one of this Item, having the right to redeem the parcel of land at the price equal to the cadastral (estimative) value established at the time of the conclusion of the agreement on implementation of activities in industrial zone of republican or regional value.

In case of failure to complete by the participant of industrial zone of republican or regional value of construction of facilities of the real estate and (or) the related buildings (constructions) at the time of abolition of industrial zone of republican or regional value by local executive bodies the right of paid land use for the term of no more than three years is granted.

3. Persons specified in Item 2 of this Article submit the petition to the relevant managing company.

Are applied to the petition:

the document or notarially zasvidetelstvenny copy of the document certifying the right to the parcel of land;

the reference from the center of the real estate on lack of the encumbrances on the parcel of land interfering the conclusion of transactions;

the certificate of state registration (re-registration) of the legal entity (for legal entities);

the copy of the identity document (for individual entrepreneurs).

For the participants of special economic zone, industrial zone of republican or regional value who received the parcels of land according to the Law of the Republic of Kazakhstan "About special economic and industrial zones" the documents certifying the right to the parcel of land are the agreement on implementation of activities and the scheme of the parcel of land issued by the relevant managing company.

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