LAW OF THE REPUBLIC OF KAZAKHSTAN

of October 28, 2019 No. 268-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of agro-industrial complex

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-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; 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; No. 7, Art. 37; The Law of the Republic of Kazakhstan of July 3, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation and development of the financial market, microfinancial activities and the taxation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 5, 2019):

to add Item 3 of Article 79 with words "if other is not established by the laws of the Republic of Kazakhstan".

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. 34, 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-I, 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-I, Art. 100; No. 19-II, Art. 102; No. 20-VII, Art. 117, 119; No. 22-I, 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-I, Art. 49; No. 7-II, Art. 53; No. 8-I, 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; No. 7, Art. 37; The law of the Republic of Kazakhstan of July 3, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation and development of the financial market, microfinancial activities and the taxation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 5, 2019):

1) of Item 1 of Article 999 the word to "(agricultural chemical)" to exclude 1) in subitem part two;

Article 1012 to add 2) with the words "according to the laws of the Republic of Kazakhstan".

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-I, 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-I, 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; No. 7, Art. 37, 39):

Article 12 to add 1) with subitems 3-1) and 4-2) of the following content:

"3-1) gardening - type of activity, performed on the parcel of land for cultivation of crops and long-term wood and shrubby plantings;";

"4-2) truck farming - type of activity, performed on the parcel of land for cultivation of crops, except for long-term wood and shrubby plantings;";

Item 4 of Article 23 to add 2) with part four of the following content:

"In case of entry into the list of participants (shareholders) of the legal entity of the Republic of Kazakhstan of the foreigner or the person without citizenship, the foreign legal entity, legal entity of the Republic of Kazakhstan with foreign participation the property right to the parcels of land located in border area and borderland of Frontier of the Republic of Kazakhstan is subject to renewal or alienation according to regulations of article 66 of this Code.";

Item 6 of Article 24 to add 3) with part three of the following content:

"The parcels of land of agricultural purpose located in border area of Frontier of the Republic of Kazakhstan cannot belong on the land use right to foreigners, stateless persons, and also foreign legal entities and legal entities of the Republic of Kazakhstan with foreign participation.";

Item 5 of Article 37 to add 4) with the subitem 5) of the following content:

"5) for cultivation of wild animals, including in the hunting purposes, - to citizens and non-state legal entities of the Republic of Kazakhstan on lands of forest fund and lands of inventory, except for the lands specified in subitems 1), 2), 3), 4) and 6) of Item 1 of Article of 1 of this Code for a period of ten up to forty nine years.";

5) in part three of Item 2 of Article 43:

the offer second to state in the following edition:

"Approval of the draft decision is performed within ten working days from the date of receipt of the draft decision.";

add with the offer third the following content:

"The positive conclusion of the land commission and the approved land management project are attached to the draft decision.";

6) in part four of Item 19 of Article 43-1 of the word of "receipt of refusal" shall be replaced with words "receipts of written refusal on paper or not signings of the above-stated agreement";

7) in the subitem 12) of part one of Item 1 of Article 48 of the word "the subitem 10)" shall be replaced with words "the subitem 8) parts five";

8) in Article 121:

in Item 2 of the word "8) the territory adjoining to corrective" shall be replaced with words "9) the territory adjoining to";

in part two of Item 3 of the word "the subitem 8)" shall be replaced with words "the subitem 9)";

in item 4 of the word "the subitem 8)" shall be replaced with words "the subitem 9)";

9) in part four of Item 2 of Article 122:

to exclude words of "the objects of tourism provided by documents of System of state planning of the Republic of Kazakhstan";

shall be replaced with words words of "construction of facilities" "constructions, arrangements and functioning of objects";

shall be replaced with words the words "their arrangements and content" "needs of defense";

Item 1 of Article 126 to add 10) with words ", and also for cultivation of wild animals";

11) in Article 140:

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

"2) protection of lands against infection with quarantine objects, alien types and especially dangerous harmful organisms, their distribution, overgrowing by weeds, bush and small forest, and also from other types of deterioration in condition of lands;";

in Item 2 of the word "wreckers and diseases of plants" shall be replaced with words "objects, alien types and especially dangerous harmful organisms";

Item 2-2 of Article 147 to add 12) with the subitem 4) of the following content:

"4) use of lands according to purpose and the land legislation of the Republic of Kazakhstan.";

13) in Article 159:

to add Item 1 after the words "carried out for the purpose of" with words "the state control of use and protection of lands,";

add Item 3 with part two of the following content:

"Monitoring of lands in priority procedure is performed on lands of agricultural purpose where the processes connected with are shown:

1) change of fertility of soils (desertification, development of water and wind erosion, degumifikation of soils, decrease in batteries, alcalination, bogging, remoistening and flooding);

2) change of condition of vegetable cover of natural fodder grounds.";

14) in Article 160:

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

"3) identification of not used parcels of land and the parcels of land used with violation of the law of the Republic of Kazakhstan.";

state Item 3 in the following edition:

"3. Results of systematic observations, land shootings, inspections, inventory counts, materials of the state control of use and protection of lands, the contemporary records this remote sensing of lands, the data received from the state information systems and electronic information resources and also other data on high-quality condition of lands are information sources for monitoring of lands.";

Item 1 of Article 162 to state 15) in the following edition:

"1. Methods of remote sensing, land shootings and observations, the share data this remote sensing of lands, the data received from the state information systems and electronic information resources and also other data on high-quality condition of lands are applied to receipt of necessary information when conducting monitoring of lands.".

4. In the Forest code of the Republic of Kazakhstan of July 8, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 16, Art. 140; 2004, No. 23, Art. 142; 2006, No. 3, Art. 22; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 3, Art. 20; 2008, No. 23, Art. 114; 2009, No. 18, Art. 84; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2, 3; No. 11, Art. 102; 2012, No. 2, Art. 14; No. 3, Art. 27; No. 14, Art. 92, 95; No. 15, Art. 97; 2013, No. 9, Art. 51; No. 14, Art. 75; 2014, No. 7, Art. 37; No. 10, Art. 52; No. 19-I, 19-II, Art. 96; 2015, No. 20-IV, Art. 113; 2016, No. 6, Art. 45; No. 7-II, Art. 56; 2017, No. 3, Art. 6; No. 12, Art. 34; 2018, No. 10, Art. 32; No. 24, Art. 93):

1) in table of contents:

2, Articles 13, of Chapter 4 and Article 19 to state Section headings in the following edition:

"Section 2. Public administration, control and supervision in the field of protection, protection, uses of forest fund, reproduction of the woods and afforestation";

"Article 13. Competence of authorized body, department of authorized body and territorial subdivisions of department of authorized body";

"Chapter 4. The state control and supervision in the field of protection, protection, uses of forest fund, reproduction of the woods and afforestation

Article 19. The state control and supervision in the field of protection, protection, uses of forest fund, reproduction of the woods and afforestation";

add with headings of Articles 19-1 and 19-2 of the following content:

"Article 19-1. Procedure of checks in the field of protection, protection, use of forest fund, reproduction of the woods and afforestation with visit of subject (object) of control and supervision

Article 19-2. Measures of rapid response by results of the state control and supervision";

to exclude heading of Article 33;

add with heading of Article 102-3 of the following content:

"Article 102-3. The main requirements to process of construction in the territory of the state forest fund";

6) of Article 3 the word of "control" shall be replaced with words 2) in the subitem "control and supervision";

3) in Article 4:

add with subitem 40-1) of the following content:

"40-1) state supervision in the field of protection, protection, uses of forest fund, reproduction of the woods and afforestation - activities of authorized body in the field of forestry on check and observation of observance by the checked subjects of requirements of the legislation of the Republic of Kazakhstan, during implementation and by results of which measures of right restrictive nature, including rapid response can be applied;";

in the subitem 58) shall be replaced with words the word of "control" "control and supervision";

4) in Section 2 heading the word "control" shall be replaced with words "control and supervision";

5) in Article 11 of the word "and its territorial subdivisions" shall be replaced with words ", department of authorized body and territorial subdivisions of department of authorized body";

The subitem 2) of Article 11-1 to state 6) in the following edition:

"2) authorized body, department of authorized body and territorial subdivisions of department of authorized body;";

Subitem 17-3) of Article 12 to exclude 7);

8) in Article 13:

state heading in the following edition:

"Article 13. Competence of authorized body, department of authorized body and territorial subdivisions of department of authorized body";

in Item 1:

in the subitem 5) the word "control" shall be replaced with words "control and supervision";

state subitems 18-4), 18-8) and 18-27) in the following edition:

"18-4) develops and approves rules of issue of import permits by administrative authority on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of objects of flora, their parts and derivatives falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance;";

"18-8) develops and approves rules of implementation of aviation works on protection and protection of forest fund;";

"18-27) develops and approves the list of especially dangerous wreckers and diseases of the wood, except for quarantine types, and procedure for fight against them;";

exclude subitem 18-34);

state subitem 18-47) in the following edition:

"18-47) issues import permits on the territory of the Republic of Kazakhstan, export and (or) re-export from the territory of the Republic of Kazakhstan of objects of flora, their parts and derivatives falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance;";

add with subitems 18-49), 18-50), 18-51) and 18-52) of the following content:

"18-49) issues the conclusion (the allowing document) for export from customs area of the Eurasian Economic Union of separate wild-growing plants and wild-growing medicinal raw materials, including rare and being under the threat of disappearance;

18-50) grants the export license from customs area of the Eurasian Economic Union of separate wild-growing plants and wild-growing medicinal raw materials, including rare and being under the threat of disappearance;

18-51) develops and approves rules of carrying out in the state forest fund of the works which are not connected with forest management and forest utilization;

18-52) develops and approves rules of recultivation of the broken parcels of land on lands of the state forest fund and their transfer to forest owner in case of uranium production by method of underground borehole lixiviation;";

add with part two of the following content:

"Department of authorized body performs the activities within the competence established by authorized body.";

in Item 2:

the paragraph one to state in the following edition:

"2. Territorial subdivisions of department of authorized body (further - territorial subdivisions):";

subitem in paragraph one 9) the word "control" shall be replaced with words "control and supervision";

in Item 3 of the word of "authorized body and its territorial authorities" shall be replaced with words "authorized body, department of authorized body, territorial subdivisions";

Subitem 15-3) of Article 15 to exclude 9);

10) in Chapter 4 heading the word "control" shall be replaced with words "control and supervision";

11) in Article 19:

in heading the word "control" shall be replaced with words "control and supervision";

in Item 1:

replace the words "control", "is performed" respectively with the words "control and supervision", "are performed";

the word of "the procedure "established" shall be replaced with words established";

to replace words of "procedure for use" with the word", uses";

in Item 2:

the word "control" shall be replaced with words "control and supervision";

replace the words "and its territorial" with the word", territorial";

"legislation" to replace the word with the word "laws";

in Item 3:

in part one of the word "control", "is performed" to replace respectively with the words "control and supervision", "are performed";

the second to state part in the following edition:

"Check is performed according to this Code.";

To add 12) with Articles 19-1 and 19-2 of the following content:

"Article 19-1. Procedure of checks in the field of protection, protection, use of forest fund, reproduction of the woods and afforestation with visit of subject (object) of control and supervision

1. Activities in the field of protection, protection, uses of forest fund, reproduction of the woods and afforestation are subject to checks with visit of subject (object) of control and supervision.

2. The official of department of authorized body, territorial subdivisions performs check of works and actions in the field of protection, protection, uses of forest fund, reproduction of the woods and afforestation, and also control of unauthorized withdrawal of objects of plant and animal life with visit of subject (object) of control and supervision.

3. By results of performed depending on the established violations of requirements of the forest legislation of the Republic of Kazakhstan by the officials of department of authorized body, territorial subdivisions exercising the state control of condition, protection, protection of forest fund, use of it, reproduction of the woods and afforestation, take out the act of results of check and the instruction of elimination of the revealed violations in cases of identification of violations.

4. In case of lack of violations of the requirements established by the forest legislation of the Republic of Kazakhstan according to Item 2 of article 132 of the Entrepreneurial code of the Republic of Kazakhstan when conducting check in the act of results of check the corresponding record is made.

5. The official of department of authorized body, territorial subdivisions without delay reports materials to law enforcement agencies if the damage makes hundred monthly settlement indicators established by the law on the republican budget and operating for January 1 of the corresponding financial year, or exceeding it, or constitutes the protocol on administrative offense if the damage makes up to hundred monthly settlement indicators established by the law on the republican budget and operating for January 1 of the corresponding financial year in case of detection:

1) in the territory of the state forest fund of violations on:

to the fact of illegal felling of the wood;

to destruction or damage of trees and bushes;

to destruction or damage of forest cultures, seedlings, saplings in forest nurseries and on plantations, young growths of natural origin, undergrowth, subsequent reproduction on the squares intended for reproduction of the woods and afforestation;

to destruction or damage of trees and bushes as a result of careless handling of fire or other source of enhanced danger;

2) intentional destruction or damage of objects of the state natural and reserved fund.

6. Frequency of checks:

complex are carried out once a year;

thematic - four times a year (spring and autumn audits of bypasses, preparation for fire-dangerous season, silvicultural works).

Terms of checks constitute no more than ten working days and with prolongation of review period - up to five working days. The bases for prolongation of review periods are:

1) climatic factors (wildfires, flood of the rivers, avalanches, rockfalls, mudflows, snowfalls, hurricanes, heavy rains and others);

2) again revealed circumstances (the found amount of illegal fellings of the wood, establishment of the areas of affected areas of reproduction of the woods and another).

7. Unscheduled inspections are appointed according to appeals of physical persons or legal entities on concrete facts about damnification of life, to health of the person, the environment and legitimate interests of physical persons and legal entities, the states, to orders of bodies of prosecutor's office and other law enforcement agencies, appeals of state bodies, and also in cases of emergence of large wildfires and identifications of illegal fellings of the wood.

Terms of unscheduled inspections constitute no more than five working days and with prolongation of review period - up to three working days.

8. On amount of check are subdivided on:

1) complex;

2) thematic.

Complex check is check of activities of subjects (objects) of control and supervision on complex of questions of observance of requirements of the forest legislation of the Republic of Kazakhstan regarding protection, protection, use of forest fund, reproduction of the woods and afforestation, and also control of unauthorized withdrawal of objects of plant and animal life.

Thematic check is check of activities of subjects (objects) of control and supervision on single questions of observance of requirements of the forest legislation of the Republic of Kazakhstan regarding protection, protection, use of forest fund, reproduction of the woods and afforestation.

9. The basis for purpose of check is the order of the first head of department of authorized body or the first head of territorial subdivision. The bases for the publication of the relevant order are:

1) the carried-out analysis and monitoring of activities of subjects (objects) of control and supervision;

2) annual schedule of checks;

3) results of monitoring of the previous checks.

10. The officials of department of authorized body, territorial subdivisions who arrived for check shall show to the subject:

1) order on purpose of check;

2) official ID;

3) if necessary - permission of competent authority to visit of sensitive sites.

The beginning of conducting check date of delivery to the checked subject of the order on purpose of check is considered.

11. Results of checks can be appealed by the checked subject according to the procedure, established by the legislation of the Republic of Kazakhstan.

12. Territorial subdivisions perform monitoring of execution and passing of materials on the facts of the revealed violations of the forest legislation of the Republic of Kazakhstan in different instances taking into account the operating terms of appeal and execution of decisions.

13. For the purpose of accounting of violations, the analysis of their dynamics by quantity, types and places of violation by territorial subdivisions the magazine of registration of violations of the forest legislation of the Republic of Kazakhstan, the withdrawn tools of illegal environmental management and illegally the got forest resources and objects of fauna is kept.

14. Checks with visit of subject (object) of control and supervision are recognized invalid if they are carried out by officials of department of authorized body, territorial subdivisions with gross violation of requirements to the organization and conducting checks.

Consideration by higher state body of the statement of the subject of control and supervision about cancellation of the act of results of check in connection with invalidity of check and cancellation of the instruction about elimination of the revealed violations in connection with invalidity of results of check with visit of subject (object) of control and supervision is performed within ten working days from the date of filing of application.

Recognition of results of check by higher state body with visit of subject (object) of control and supervision invalid is the basis for their cancellation.

The act of results of check and the instruction of elimination of the revealed violations following the results of checks with visit of subject (object) of control and the supervision recognized as invalid cannot be the proof of violation by subjects of control and supervision of the requirements established according to Item 2 of article 132 of the Entrepreneurial code of the Republic of Kazakhstan.

Treat gross violations of checks:

1) lack of the bases of conducting check with visit of subject (object) of control and supervision;

2) lack of the order on purpose of check with visit of subject (object) of control and supervision;

3) non-presentation to the subject of control and supervision of the order on purpose of check with visit of subject (object) of control and supervision;

4) appointment of authorized body as department, territorial subdivisions of checks with visit of subject (object) of control and supervision on the questions which are not entering their competence;

5) violation of terms of conducting checks with visit of subject (object) of control and supervision.

15. When conducting check with visit of subject (object) of control and supervision officials of department of authorized body, territorial subdivisions have no right:

1) to require provision of documents, information if they are not objects of check or do not treat check subject;

2) to disclose and distribute information obtained as a result of conducting check with visit of subject (object) of control and supervision and component the commercial, tax or protected by the law other secret, except as specified, provided by the laws of the Republic of Kazakhstan;

3) to exceed fixed terms of conducting check with visit of subject (object) of control and supervision;

4) to perform with visit of subject (object) of control and supervision concerning which it was performed with visit of subject (object) of control and supervision by its higher (subordinate) body or other state body, on the same question for the same period, except as specified, stipulated in Item the 7th this Article earlier;

5) to hold the events having costly character for the purpose of the state control due to the checked subjects.

Article 19-2. Measures of rapid response by results of the state control and supervision

1. Measures of rapid response are the impact methods on the checked subjects for the purpose of prevention of approach of socially dangerous effects applied during implementation and by results of check.

2. Measures of rapid response are applied by officials of department of authorized body, territorial subdivisions if activities of the checked subjects pose direct threat to preserving biological diversity of the woods, objects of the state natural and reserved fund, cultural and natural heritage.

3. Treat measures of rapid response:

1) detention and delivery in law enforcement agencies of persons who made offenses in the field of the forest legislation of the Republic of Kazakhstan regarding protection, protection, use of forest fund, reproduction of the woods and afforestation, and also control of unauthorized withdrawal of objects of plant and animal life, observance of requirements of the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of fauna and especially protected natural territories;

2) withdrawal at physical persons and legal entities, and also officials illegally the got forest resources and resources of fauna, the tool of their getting, and also vehicles;

3) suspension of operations of the state forest owners or forest users by suspension for the term of no more than three working days of action of the logging ticket or the forest ticket;

4) restriction of types of forest utilization;

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