LAW OF THE REPUBLIC OF KAZAKHSTAN

of May 29, 2020 No. 337-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning prohibited areas and forbidden areas in case of arsenals, bases and warehouses of Armed Forces, other troops and military forming

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; No. 7, Art. 37, 39; No. 19-20, of Art. 86; Art. No. 21-22, 90, 91; No. 23, Art. 103, 108; No. 24-І, Art. 119; The Law of the Republic of Kazakhstan of May 13, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of migratory processes", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 14, 2020):

1) in Article 120:

to add Item 1 part one after the word of "polygons" with words ", and also arsenals, bases and warehouses of Armed Forces of the Republic of Kazakhstan, other troops and military forming and the territories adjoining to them within the established prohibited areas and forbidden areas";

to add item 4 after words of "needs of defense" with words ", except for the parcels of land provided for placement and permanent activities of proving grounds, and also arsenals, bases and warehouses of Armed Forces of the Republic of Kazakhstan, other troops and military forming and adjoining to them the territories within the established prohibited areas and forbidden areas";

The subitem 7) of Item 2 of Article 121 to state 2) in the following edition:

"7) the territory of proving grounds, and also arsenals, bases and warehouses of Armed Forces of the Republic of Kazakhstan, other troops and military forming and the territories adjoining to them within the established prohibited areas and forbidden areas;".

2. 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; Art. No. 21-22, 90, 91; No. 23, Art. 99, 103, 106, 108; No. 24-І, Art. 118; No. 24-II, Art. 120, 122, 123, 127; The Law of the Republic of Kazakhstan of May 4, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning work", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 5, 2020; The law of the Republic of Kazakhstan of May 13, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of legalization (washing) of income gained in the criminal way, and to terrorism financing", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 14, 2020; The Law of the Republic of Kazakhstan of May 13, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of migratory processes", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 14, 2020):

Heading of Article 511 to state 1) in table of contents in the following edition:

"Article 511. Violation of the prohibitions established in the territory of the prohibited area in case of arsenals, bases and warehouses of Armed Forces of the Republic of Kazakhstan, other troops and military forming of the Republic of Kazakhstan and the forbidden area in case of arsenals, bases and warehouses of Armed Forces of the Republic of Kazakhstan, other troops and military forming of the Republic of Kazakhstan";

2) in Article 323-1:

in the paragraph the second the word of "twenty" to replace parts one with the word of "hundred";

in the paragraph the second the word of "forty" to replace parts two with the word of "two hundred";

3) in Article 511:

state heading in the following edition:

"Article 511. Violation of the prohibitions established in the territory of the prohibited area in case of arsenals, bases and warehouses of Armed Forces of the Republic of Kazakhstan, other troops and military forming of the Republic of Kazakhstan and the forbidden area in case of arsenals, bases and warehouses of Armed Forces of the Republic of Kazakhstan, other troops and military forming of the Republic of Kazakhstan";

third to state part in the following edition:

"3. Construction of buildings and constructions, the economic and other activity which is not connected with direct operation of arsenals, bases and warehouses of Armed Forces of the Republic of Kazakhstan, other troops and military forming of the Republic of Kazakhstan, firing from firearms, use of pyrotechnic substances and products, the device of shooting shooting galleries (shooting ranges) and stands, use of aircraft (including pilotless), and also application of means, systems, devices and the equipment for observation, audio-and videos, photographings, information transfers, except as specified, provided by the laws of the Republic of Kazakhstan in the territory of the forbidden area in case of arsenals, bases and warehouses of Armed Forces of the Republic of Kazakhstan, other troops and military forming of the Republic of Kazakhstan

attract penalty on physical persons in the amount of fifteen, on small business entities - in the amount of twenty, on subjects of medium business - in the amount of thirty, on subjects of big business - in the amount of sixty monthly settlement indicators.".

3. In the Law of the Republic of Kazakhstan of July 16, 2001 "About architectural, town-planning and construction activities in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 17-18, of Art. 243; 2004, No. 23, Art. 142; 2005, No. 6, Art. 10; No. 7-8, of Art. 19; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 15, Art. 95; No. 23, Art. 144; No. 24, Art. 148; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 16, Art. 129; 2008, No. 21, Art. 97; No. 24, Art. 129; 2009, No. 15-16, of Art. 76; No. 18, Art. 84; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2; No. 6, Art. 50; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 3, Art. 21, 27; No. 4, Art. 32; No. 8, Art. 64; No. 14, Art. 92, 95; No. 15, Art. 97; 2013, No. 9, Art. 51; No. 13, Art. 63; No. 14, Art. 72, 75; No. 21-22, of Art. 114; 2014, No. 1, Art. 4, 6; No. 2, Art. 10, 12; No. 7, Art. 37; No. 8, Art. 44; No. 10, Art. 52; No. 14, Art. 86; No. 19-І, 19-II, Art. 96; No. 23, Art. 143; 2015, No. 19-І, Art. 99, 101; No. 19-II, Art. 103; No. 20-IV, Art. 113; No. 21-І, Art. 128; No. 22-V, Art. 156; No. 23-II, Art. 170; 2016, No. 6, Art. 45; No. 7-II, Art. 53; 2017, No. 4, Art. 7; No. 14, Art. 51; No. 22-III, Art. 109; 2018, No. 10, Art. 32; No. 19, Art. 62; No. 22, Art. 82; No. 24, Art. 93; 2019, No. 7, Art. 37, 39; No. 8, Art. 45; No. 19-20, of Art. 86; No. 23, Art. 103, 108; No. 24-І, Art. 119):

Article 12 to state 1) in the following edition:

"Article 12. Providing town-planning requirements when using the parcels of land

Use of the parcels of land by owners or land users for building (including laying of communications, engineering training of the territory, improvement, gardening and other types of arrangement of the site) can be performed only according to the project documentation approved in the procedure established by the legislation of the Republic of Kazakhstan and with respect for purpose or the servitude, zoning of the territory, red lines and lines of regulation of building, rules of the organization of building and passing of allowing procedures in the field of construction and operation, and also with observance of the prohibitions established in the territory of the prohibited area and the forbidden area in case of arsenals, bases and warehouses of Armed Forces of the Republic of Kazakhstan, other troops and military forming.";

Item 1 of Article 24 to add 2) with subitem 17-11) of the following content:

"17-11) approval of borders of the territories of the prohibited area and the forbidden area in case of arsenals, bases and warehouses of Armed Forces of the Republic of Kazakhstan, other troops and military forming;";

Item 1 of Article 25 to add 3) with subitem 18-12) of the following content:

"18-12) approval of borders of the territories of the prohibited area and the forbidden area in case of arsenals, bases and warehouses of Armed Forces of the Republic of Kazakhstan, other troops and military forming;".

4. In the Law of the Republic of Kazakhstan of January 7, 2005 "About defense and Armed Forces of the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2005, No. 1-2, of Art. 1; 2007, No. 9, Art. 67; 2008, No. 6-7, of Art. 27; 2010, No. 7, Art. 32; No. 10, Art. 48; 2011, No. 1, Art. 7; No. 5, Art. 43; No. 8, Art. 64; No. 11, Art. 102; 2012, No. 4, Art. 32; No. 5, Art. 41; 2013, No. 14, Art. 75; 2014, No. 7, Art. 37; No. 16, Art. 90; No. 19-І, 19-II, Art. 96; 2015, No. 1, Art. 2; No. 19-ІІ, Art. 104; No. 22-І, Art. 140; 2017, No. 11, Art. 29; No. 13, Art. 45; No. 16, Art. 56; 2018, No. 15, Art. 47; 2019, No. 5-6, of Art. 27; No. 24-І, Art. 119):

Subitems 26) and 27) of Article 1 to state 1) in the following edition:

"26) the prohibited area in case of arsenals, bases and warehouses of Armed Forces, other troops and military forming (further - the prohibited area) - the territory which is directly adjoining arsenals, bases and warehouses of Armed Forces, other troops and military forming and being part of the forbidden area in case of arsenals, bases and warehouses of Armed Forces, other troops and military forming;

27) the forbidden area in case of arsenals, bases and warehouses of Armed Forces, other troops and military forming (further - the forbidden area) - the territory adjacent to arsenals, bases and warehouses of Armed Forces, other troops and military forming within which prohibitions and restrictions are established;";

Part one of Article 7 to add 2) with subitem 24-1) of the following content:

"24-1) approves rules of establishment of prohibited areas, forbidden areas and the list of prohibited areas and forbidden areas (further - rules of establishment of prohibited areas and forbidden areas);";

The subitem 24) of Item 2 of Article 22 to state 3) in the following edition:

"24) develops rules of establishment of prohibited areas and forbidden areas;";

Subitem 10-1) of Item 1 of Article 23 to exclude 4);

5) in Article 31-1:

in Item 1:

in part one of the word "is part of the forbidden area and", "ammunition" to exclude;

add with part three of the following content:

"The border of the territory of the prohibited area is determined according to rules of establishment of prohibited areas and forbidden areas.";

state Item 2 in the following edition:

"2. The forbidden area is established for the purpose of ensuring antidiversionary safety of arsenals, bases and warehouses of Armed Forces, other troops and military forming, and also safety of the population, the buildings and constructions located in the adjacent territories.

In the territory of the forbidden area the construction of buildings and constructions, the economic and other activity which is not connected with direct operation of arsenals, bases and warehouses of Armed Forces, other troops and military forming, firing from firearms, use of pyrotechnic substances and products, the device of shooting shooting galleries (shooting ranges) and stands, use of aircraft (including pilotless), and also application of means, systems, devices and the equipment for observation, audio-and videos, photographings, information transfers, except as specified, provided by the laws of the Republic of Kazakhstan are prohibited.

The border of the territory of the forbidden area is determined according to rules of establishment of prohibited areas and forbidden areas.".

Article 2.

1. This Law becomes effective after ten calendar days after day of its first official publication.

2. Determine that compulsory acquisition for the state needs of the parcels of land in the territory of which prohibited areas and forbidden areas in case of arsenals are established, bases and warehouses of Armed Forces of the Republic of Kazakhstan, other troops and military forming is performed according to the land legislation of the Republic of Kazakhstan since January 1, 2022.

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