LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 27, 2019 No. 295-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning rail transport

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

1. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-І, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79; No. 19-І, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-І, Art. 124, 125; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-І, Art. 140, 141, 143; No. 22-II, Art. 144, 145, 148; No. 22-III, Art. 149; No. 22-V, Art. 152, 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-І, Art. 166, 169; No. 23-II, Art. 172; 2016, No. 1, Art. 4; No. 2, Art. 9; No. 6, Art. 45; No. 7-І, Art. 49, 50; No. 7-II, Art. 53, 57; No. 8-І, Art. 62, 65; No. 8-II, Art. 66, 67, 68, 70, 72; No. 12, Art. 87; No. 22, St. 116; No. 23, St. 118; No. 24, St. 124, 126, 131; 2017, No. 1-2, of Art. 3; No. 9, Art. 17, 18, 21, 22; No. 12, Art. 34; No. 14, Art. 49, 50, 54; No. 15, Art. 55; No. 16, Art. 56; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 114, 115; 2018, No. 1, Art. 4; 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; No. 5-6, of Art. 27; No. 7, Art. 36, 37; No. 8, Art. 45; No. 15-16, of Art. 67; No. 19-20, of Art. 86; The Law of the Republic of Kazakhstan of November 25, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning rendering the state services", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 27, 2019; The Law of the Republic of Kazakhstan of November 26, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning public service and anti-corruption", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 29, 2019; The law of the Republic of Kazakhstan of December 13, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning physical culture and sport", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 19, 2019):

Table of contents to add 1) with heading of Article 624-1 of the following content:

"Article 624-1. Abuse of regulations of the organization of sale of travel documents (tickets) on rail transport in the Republic of Kazakhstan";

Subitems 1) and 2) to state 2) to part six of Article 559 in the following edition:

"1) content of railroad switches, station and main ways of railway system and railroad side tracks;

2) content, operation and repair of railway vehicles, the technical means aimed at safety of movement on rail transport, artificial constructions, and also railway crossings -";

To add 3) with Article 624-1 of the following content:

"Article 624-1. Abuse of regulations of the organization of sale of travel documents (tickets) on rail transport in the Republic of Kazakhstan

1. The abuse of regulations of the organization of sale of travel documents (tickets) on rail transport in the Republic of Kazakhstan made in the form of resale, illegal sale of travel documents (tickets) on rail transport, and is equal rendering assistance in resale, illegal sale of travel documents (tickets) on rail transport

attract penalty on physical persons in the amount of hundred, on small business entities - in the amount of hundred fifty, on subjects of medium business - in the amount of two hundred, on subjects of big business - in the amount of two hundred fifty monthly settlement indicators.

2. The actions provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,

attract penalty on physical persons in the amount of two hundred, on small business entities - in the amount of three hundred, on subjects of medium business - in the amount of four hundred, on subjects of big business - in the amount of five hundred monthly settlement indicators.";

Paragraph one of part two of Article 691 after figures "623," to add 4) with figures "624-1,";

Part the second articles 812 after figures "623," to add 5) with figures "624-1,";

Part the second Article 829-1 after figures "623," to add 6) with figures "624-1,".

2. 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, St. 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; No. 5-6, of Art. 27; No. 7, Art. 37, 39; No. 8, Art. 45; No. 15-16, of Art. 67; No. 19-20, of Art. 86; The law of the Republic of Kazakhstan of November 25, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning rendering the state services", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 27, 2019; The Law of the Republic of Kazakhstan of November 26, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning public service and anti-corruption", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 29, 2019):

Article 124-6 to add 1) with subitem 10-1) of the following content:

"10-1) in coordination with the central executive body performing management in the field of rail transport develops and approves rules of calculation and payment of the temporary balancing payment, the stipulated by the legislation Republic of Kazakhstan about rail transport;";

Shall be replaced with words 2) in Item 2 of Article 292 of the word of "state examination of the preproject and (or) project documentation" "complex non-departmental examination of construction projects".

3. In the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget" (Tax code) (Sheets of Parliament of the Republic of Kazakhstan, 2017, No. 22-І, 22-II, Art. 107; 2018, No. 10, Art. 32; No. 11, Art. 37; No. 13, Art. 41; No. 14, Art. 42, 44; No. 15, Art. 50; No. 19, Art. 62; No. 22, Art. 82, 83; No. 24, Art. 93, 94; 2019, No. 1, Art. 2, 4; No. 2, Art. 6; No. 5-6, of Art. 27; No. 7, Art. 37, 39; No. 8, Art. 45; No. 15-16, of Art. 67; No. 19-20, of Art. 86; The Law of the Republic of Kazakhstan of November 25, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning rendering the state services", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 27, 2019; The law of the Republic of Kazakhstan of November 26, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning public service and anti-corruption", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 29, 2019):

Item 2 of Article 225 to add 1) with the subitem 27) of the following content:

"27) for the railway carrier performing activities for transportation of passengers, baggage, cargo baggage, mailings - the income arising in connection with receipt of services of the high-level railway system in transit of passengers by rail on a grant basis from the National operator of infrastructure, including using temporary decreasing coefficient in the amount of 0 to rate for regulated services of the high-level railway system in transit passengers by rail according to the legislation of the Republic of Kazakhstan.";

Article 243 to add 2) with Item 14-1 of the following content:

"14-1. The expenses incurred by the National operator of infrastructure in connection with rendering services of the high-level railway system in transit of passengers by rail to the railway carrier performing activities for transportation of passengers, baggage, cargo baggage, mailings, on a grant basis, including using temporary decreasing coefficient in the amount of 0 to rate for regulated services of the high-level railway system in transit of passengers by rail according to the legislation of the Republic of Kazakhstan are deductible.";

Article 255 to add 3) with Items 3 and 4 of the following content:

"3. The carrier of loads has the right to deduction of expenses on the temporary balancing payment paid according to the legislation of the Republic of Kazakhstan on rail transport to the operator of locomotive draft in passenger traffic.

4. The deduction of the expenses specified in Item 3 of this Article is performed within the sizes established by the state body performing management in spheres of natural monopolies.";

4) in Article 372:

add Item 2 with the subitem 9) of the following content:

"9) receipt of the temporary balancing payment according to the legislation of the Republic of Kazakhstan on rail transport the operator of locomotive draft in passenger traffic.";

add Item 5 with the subitem 35) of the following content:

"35) rendering infrastructure of services of the high-level railway system by the National operator in transit passengers by rail to the railway carrier performing activities for transportation of passengers, baggage, cargo baggage, mailings, on a grant basis, including using temporary decreasing coefficient in the amount of 0 to rate for regulated services of the high-level railway system in transit of passengers by rail according to the legislation of the Republic of Kazakhstan.";

Article 400 to add 5) with Item 7 of the following content:

"7. The tax amount on value added on the goods, works, services used or which will be used by the National operator of infrastructure for rendering to the railway carrier performing activities for transportation of passengers, baggage, cargo baggage, mailings, services of the high-level railway system in transit of passengers by rail on a grant basis including using temporary decreasing coefficient in the amount of 0 to rate for regulated services of the high-level railway system in transit of passengers by rail according to the legislation of the Republic of Kazakhstan is subject to reference in offsetting in case of observance of conditions, stipulated in Item 1 this Article.".

4. In the Law of the Republic of Kazakhstan of December 8, 2001 "About rail transport" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 23, Art. 315; 2003, No. 10, Art. 54; 2004, No. 18, Art. 110; No. 23, Art. 142; 2006, No. 3, Art. 22; No. 13, Art. 87; No. 14, Art. 89; No. 16, Art. 99; No. 24, Art. 148; 2007, No. 9, Art. 67; No. 19, Art. 148; 2008, No. 15-16, of Art. 64; No. 24, Art. 129; 2009, No. 2-3, of Art. 18; No. 18, Art. 84; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2, 3; No. 5, Art. 43; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 2, Art. 14; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 14, Art. 72, 75; No. 16, Art. 83; No. 21-22, of Art. 115; 2014, No. 1, Art. 4; No. 12, Art. 82; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; No. 23, St. 143; 2015, No. 19-І, Art. 100; No. 20-IV, Art. 113; No. 20-VII, Art. 117; No. 23-II, Art. 170, 172; 2016, No. 6, Art. 45; No. 8-І, Art. 60; No. 24, Art. 124; 2017, No. 9, Art. 17; No. 11, Art. 29; No. 23-III, Art. 111; 2018, No. 10, Art. 32; No. 19, Art. 62; 2019, No. 7, Art. 37; No. 8, Art. 45; The Law of the Republic of Kazakhstan of November 26, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning public service and anti-corruption", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 29, 2019):

1) in Article 1:

add with subitems 13-1) and 22-1) of the following content:

"13-1) operator of locomotive draft in passenger traffic - person owning on the property right or other legal causes by the traction vehicle (locomotive) used for passenger traffic, the content providing it, operation;";

"22-1) transit of load - cargo hauling from one country in another through the territory of the Republic of Kazakhstan in the course of which the load arrives to the railway station of the Republic of Kazakhstan and (or) decreases from the railway station out of limits of the Republic of Kazakhstan with accomplishment of one or several of the following transactions: parking, overload, warehousing, crushing of load, change of places, weight, quantity of load and mode of transport;";

37) and 54) to state subitems in the following edition:

"37) the operator of locomotive draft - the person owning on the property right or other legal causes by the traction vehicle (locomotive), providing it content, operation, except for the operator of locomotive draft in passenger traffic;";

"54) the participant of transportation process - the user of services in transportation, carrier, National operator of infrastructure, the operator of locomotive draft, the operator of locomotive draft in passenger traffic, the operator of cars (containers), vetvevladelets, and also the owner of railway tracks under agreements of public-private partnership, including under agreements of concession;";

add with subitem 62-1) of the following content:

"62-1) temporary balancing payment - the expenses of National carrier of loads directed to support of passenger traffic;";

state subitem 64-2) in the following edition:

"64-2) National operator of infrastructure - the legal entity whose controlling stock is owned by national managing holding or National railway company, performing operation, the content, upgrade, construction of the high-level railway system and rendering services to the high-level railway system and also performing first-priority ensuring military transportations;";

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

"3. The participants of transportation process who do not have own railway vehicles use services of the operator of locomotive draft, the operator of locomotive draft in passenger traffic and the operator of cars (containers) based on the agreement.";

The subitem 1) of item 4 of Article 6-2 to state 3) in the following edition:

"1) international - transportations between the Republic of Kazakhstan and foreign states or transit of load;";

4) in Article 8:

state Item 2 in the following edition:

"2. Relations of National railway company, the operator of locomotive draft in passenger traffic and carriers with state bodies under the organization of transportation of passengers are performed on the terms of agreements according to the legislation of the Republic of Kazakhstan.";

to state part one of Item 2-2 in the following edition:

"2-2. Agreements on long-term subsidizing of expenses of the operator of locomotive draft in passenger traffic according to socially important messages are signed in writing. Agreements on long-term subsidizing of the expenses of carrier connected with implementation of transportations of passengers according to socially important messages consist in writing on the basis of the standard agreement approved by authorized body.";

state Item 2-3 in the following edition:

"2-3. The authorized body and (or) local executive bodies of areas, cities of republican value, the capital can sign agreements according to the following obligations:

1) long-term subsidizing of expenses of the operator of locomotive draft in passenger traffic according to socially important messages according to the legislation of the Republic of Kazakhstan;

2) long-term subsidizing of the expenses of carrier connected with implementation of transportations of passengers according to socially important messages according to the legislation of the Republic of Kazakhstan;

3) determination of the carrier specified in part two of Item 2-2 of this Article;

4) other obligations provided by this Law and other legislation of the Republic of Kazakhstan.";

Article 12 to add 5) with item 4 of the following content:

"4. The temporary balancing payment is established by the state body performing management in spheres of natural monopolies when forming limits of service prices of locomotive draft and goes:

1) to the operator of locomotive draft in passenger traffic;

2) to the National operator of infrastructure.

Rules of calculation and payment of the temporary balancing payment are developed and affirm the state body performing management in spheres of natural monopolies in coordination with authorized body.

Rules of calculation and payment of the temporary balancing payment contain list of the expenses considered when forming of the temporary balancing payment.

Source of the temporary balancing payment is the income of National carrier of loads from activities for transportation of goods by railway transport in the transit message through the territory of the Republic of Kazakhstan.";

Item 2 of Article 14 to add 6) with subitems 19-1), 33-1) and 33-2) of the following content:

"19-1) development and approval of rules of inclusion and exception of the main, station ways and other objects of the high-level railway system from the list of the main, station ways and other objects technologically necessary for functioning of the high-level railway system;";

"33-1) development and approval of rules of long-term subsidizing of expenses of the operator of locomotive draft in passenger traffic according to socially important messages;

33-2) development and approval of technique of determination of amounts of long-term subsidizing of expenses of the operator of locomotive draft in passenger traffic according to socially important messages;";

Item 1 of Article 40 to add 7) with subitem 4-1) of the following content:

"4-1) transits of load;";

8) in Article 44:

add Item 1 with the subitem 4) of the following content:

"To receive 4) from the consignee, the consignor of the copy of shipping documents in case of transit of load.";

add with Item 2-1 of the following content:

"2-1. The consignor's representative one day before the declared date of shipment in writing informs carrier on transit of load with indication of method and the place of import, cargo exportation.";

Article 57-1 to add 9) with Items 2-1 and 4 of the following content:

"2-1. Collection of separate payment for use of the constructions, devices and elements of siding intended for movement of railway vehicles from one way on another is forbidden.";

"4. Vetvevladeltsa on condition of lack of competitive siding not allow the actions (failure to act) leading to the termination of rendering services of siding to participants of transportation process, except as specified, stipulated by the legislation the Republic of Kazakhstan.";

Article 64 to add 10) with parts three and the fourth the following content:

"Opening by carriers of passengers of the new railway services which are not relating to socially important passenger traffics is performed in coordination with authorized body.

The procedure for approval of opening by authorized body by carriers of passengers of the new railway services which are not relating to socially important passenger traffics is determined by Instructions for use the high-level railway system.".

5. In the Law of the Republic of Kazakhstan of December 29, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning cardinal improvement of conditions for business activity in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2014, No. 23, St. 143; 2015, No. 8, Art. 42; No. 19-І, Art. 99; No. 19-II, Art. 103; No. 20-IV, Art. 113; No. 21-II, Art. 131; No. 23-І, Art. 169; 2016, No. 7-II, St. 53):

in Article 3:

in item 4:

in paragraph one of figure "2020" to replace with figures "2023";

subitem in paragraph one 2) to replace figures "2020" with figures "2023";

in paragraph one of Item 4-1 of figure "2020" to replace with figures "2023".

6. In the Law of the Republic of Kazakhstan of December 25, 2017 "About enforcement of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code)" (Sheets of Parliament of the Republic of Kazakhstan, 2017, No. 22-III, Art. 108; 2018, No. 10, Art. 32; No. 14, Art. 42, 44; No. 22, Art. 83; No. 24, Art. 93; 2019, No. 1, Art. 4; No. 7, Art. 37; Art. No. 15-16, 67):

add with Articles 30-1 and 36-1 of the following content:

"Article 30-1. Suspend till January 1, 2021:

1) heading of article 255 of table of contents of the Tax code, having determined that during suspension this heading is effective in the following edition:

"Article 255. Deduction of separate expense types of the subsoil user, carrier of loads";

2) heading of article 255 of the Tax Code, having determined that during suspension this heading is effective in the following edition:

"Article 255. Deduction of separate expense types of the subsoil user, carrier of loads";

3) paragraph one of Item 2 of article 255 of the Tax Code, having determined that during suspension this paragraph is effective in the following edition:

"2. The deduction of the expenses specified in Item 1 of this Article shall not exceed the size of the positive difference determined in the following procedure:".";

"Article 36-1. Suspend Item 6 of article 400 of the Tax Code till January 1, 2021, having determined that during suspension this Item is effective in the following edition:

"6. The tax amount on value added, not corresponding to provisions of this Article, and also the value added tax specified in Article 402 of this Code is recognized tax amount on value added, the case which is not carried in offsetting, except for, stipulated in Item the 7th this Article.".".

7. In the Law of the Republic of Kazakhstan of December 27, 2018 "About natural monopolies" (Sheets of Parliament of the Republic of Kazakhstan, 2018, No. 23, the Art. 87):

1) in Article 13:

in Item 1:

1) to state the subitem in the following edition:

"1) transactions with the property used for provision of regulated service if book value of the property considered in the balance sheet for the beginning of the current year exceeds percent 0,05 from book value of its assets according to the balance sheet for the beginning of the current year, except for the case provided by subitem 1-1) of this Item;";

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

"1-1) transactions with the property used for provision of regulated service of sidings;";

add Item 2 with subitems 4-1) and 4-2) of the following content:

"4-1) property used for provision of regulated service of sidings are in property of the subject of natural monopoly less than eighteen months from the date of rendering regulated service;

4-2) subject of natural monopoly rendering regulated services of sidings did not make compensation to consumers of unreasonably gained income according to the compensating rate approved temporary;";

Item 1 of Article 20 to add 2) with subitem 3-1) of the following content:

"3-1) in case of acquisition (construction) of new sites of the sidings which are not continuous part of sidings on which services to the subject the rate is approved;";

3) in part one of Item 2 of Article 26:

the second the subitem 28) to state part in the following edition:

"In case of alienation of siding which regulated services belong to the sphere of natural monopoly the owner of this siding shall:

in writing to notify the consumers having the signed service provision agreements of sidings on carrying out the tender no later than thirty calendar days before carrying out the tender;

grant the privilege on its purchase to the acting consumer before the third parties in case of identical conditions and the amount of the redemption provided in tenders.";

add with subitems 33) and 34) of the following content:

"33) not to levy separate payment for use of the constructions, devices and elements of siding intended for movement of railway vehicles from one way on another;

To levy 34) for rendering services of sidings in the absence of competitive siding payment on the actual extent of siding used by the consumer for journey of railway vehicles.".

Article 2.

1. This Law becomes effective since January 1, 2020, except for:

1) Item 1 of Article 1, which becomes effective after ten calendar days after day of its first official publication;

2) subitem paragraph two 9) Item 4, the paragraph of the seventh subitem 3) Item 7 of Article 1, which become effective since April 1, 2020.

2. Determine that the subitem 1) of Item 2, Item 3, paragraphs the eighth and ninth the subitem 1), the subitem 5) of item 4 of article 1 of this Law act till January 1, 2022.

 

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info