LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 9, 2020 No. 341-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning reducing number of operators of housing programmes

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 the subitem 6) of Item 2 of Article 33 of the word of "Fund of guaranteeing housing construction" shall be replaced with words "The single operator of housing construction";

To "Fund of guaranteeing housing construction" shall be replaced with words 2) in part two of Item 3 of Article 77 of the word to "The single operator of housing construction".

2. 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-ІІ, 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, Art. 87; No. 22, St. 116; No. 23, St. 119; No. 24, St. 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; 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; No. 23, Art. 99, 106; No. 24-І, Art. 118, 119; The Law of the Republic of Kazakhstan of May 6, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning social security", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 7, 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; The law of the Republic of Kazakhstan of May 25, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning mobilization preparation and mobilization", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 26, 2020):

in the subitem 7) of Item 1 of Article 88 of the word of "Fund of guaranteeing housing construction" to exclude.

3. In the Law of the Republic of Kazakhstan of December 23, 1995 "About mortgage of real estate" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1995, No. 24, Art. 165; Sheets of Parliament of the Republic of Kazakhstan, 1997, No. 13-14, of Art. 205; 2000, No. 18, Art. 336; 2003, No. 11, Art. 67; 2005, No. 23, Art. 104; 2007, No. 2, Art. 18; No. 4, Art. 28; No. 18, Art. 143; 2011, No. 3, Art. 32; No. 6, Art. 50; No. 11, Art. 102; 2012, No. 13, Art. 91; No. 20, Art. 121; 2013, No. 14, Art. 72; 2014, No. 11, Art. 61; 2015, No. 8, Art. 45; No. 13, Art. 68; No. 22-VI, Art. 159; 2016, No. 24, Art. 124; 2017, No. 4, Art. 7; 2018, No. 1, Art. 4; No. 10, Art. 32; No. 14, Art. 44; 2019, No. 2, Art. 6; Art. No. 15-16, 67):

Item 2 of Article 5-1 to add 1) with part three of the following content:

"The requirements provided by parts one and the second this Item do not extend to the Single operator of housing construction.";

2) in Article 5-2:

add with Item 4-1 of the following content:

"4-1. The single operator of housing construction along with the activities and transactions provided by Items 1, of 2, 4 and 5 these Articles has the right:

1) to grant loans to the authorized organization determined according to the Law of the Republic of Kazakhstan "About equity in housing construction" and the legal entities performing construction within state programs of housing construction;

2) to perform activities, stipulated by the legislation the Republic of Kazakhstan about equity in housing construction, about architectural, town-planning and construction activities, other regulatory legal acts of the Republic of Kazakhstan and the charter.";

add Item 6 with part two of the following content:

"The requirement provided by part one of this Item does not extend to the Single operator of housing construction.";

Article 5-3 to add 3) with Item 1-2 of the following content:

"1-2. The authorized body concerning the Single operator of housing construction performs powers, stipulated in Item 1 this Article, regarding the activities and transactions provided by Items 1, of 2, 4 and the subitem 1) of Item 4-1 of article 5-2 of this Law.";

Article 5-5 to state 4) in the following edition:

"Article 5-5. Measures of the state support within state programs of housing construction

The state support is performed within state programs of housing construction by means of:

subsidizings of part of rate of remuneration on the mortgage housing loans issued by banks of the second level to the population through subjects of the quasi-public sector;

subsidizings of rate of remuneration on the credits issued by banks of the second level to subjects of private entrepreneurship for the purposes of housing construction through subjects of the quasi-public sector.";

5) in Article 5-6:

in paragraph one the word of "programs" shall be replaced with words "state programs";

1) to add the subitem with words ", through subjects of the quasi-public sector, and also subsidizing of rate of remuneration on the credits issued by banks of the second level to subjects of private entrepreneurship for the purposes of housing construction through subjects of the quasi-public sector";

2) after the word "sectors" to add the subitem with words ", and also rules of subsidizing of rate of remuneration on the credits issued by banks of the second level to subjects of private entrepreneurship for the purposes of housing construction through subjects of the quasi-public sector".

4. In the Law of the Republic of Kazakhstan of January 16, 2001 "About non-profit organizations" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 1, Art. 8; No. 24, Art. 338; 2003, No. 11, Art. 56; 2004, No. 5, Art. 30; No. 10, Art. 56; 2005, No. 13, Art. 53; 2006, No. 8, Art. 45; No. 15, Art. 95; 2007, No. 2, Art. 18; No. 9, Art. 67; No. 17, Art. 141; 2010, No. 5, Art. 23; No. 7, Art. 28; 2011, No. 2, Art. 21; No. 5, Art. 43; No. 17, Art. 136; No. 23, Art. 179; No. 24, Art. 196; 2012, No. 2, Art. 13; No. 8, Art. 64; No. 21-22, of Art. 124; 2013, No. 10-11, of Art. 56; No. 15, Art. 81; 2014, No. 11, Art. 63, 67; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 16, Art. 79; No. 20-І, Art. 110; No. 21-І, Art. 128; No. 22-І, Art. 140; No. 23-І, Art. 166; No. 23-ІІ, Art. 170; 2016, No. 7-II, Art. 55; 2017, No. 1-2, of Art. 3; No. 4, Art. 7; 2018, No. 10, Art. 32; No. 11, Art. 36; No. 13, Art. 41; No. 15, Art. 47; No. 16, Art. 53; 2019, No. 23, Art. 103; 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 second item 4 of Article 16 to add part with the subitem 5) of the following content:

"5) non-profit organization in the form of business of joint-stock company with direct or indirect participation of the state in the authorized capital guaranteeing completion of construction and transfer of share in the apartment apartment house to shareholders in case of approach of warranty case.".

5. In the Law of the Republic of Kazakhstan of March 7, 2014 "About rehabilitation and bankruptcy" (Sheets of Parliament of the Republic of Kazakhstan, 2014, No. 4-5, of Art. 23; No. 10, Art. 52; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 8, Art. 42; No. 15, Art. 78; No. 20-IV, Art. 113; No. 20-VII, Art. 117; No. 21-III, Art. 136; No. 22-I, Art. 143; No. 22-VI, Art. 159; 2016, No. 6, Art. 45; No. 7-II, Art. 53, 55; No. 24, Art. 124; 2017, No. 4, Art. 7; 2018, No. 9, Art. 31; No. 10, Art. 32; No. 14, Art. 44; 2019, No. 7, Art. 37; No. 24-І, Art. 118):

in the subitem 31) of Article 1 of the word of "Fund of guaranteeing housing construction" shall be replaced with words "The single operator of housing construction".

6. In the Law of the Republic of Kazakhstan of April 7, 2016 "About equity in housing construction" (Sheets of Parliament of the Republic of Kazakhstan, 2016, No. 7-II, Art. 52; 2019, No. 7, Art. 37; No. 21-22, of Art. 90; No. 23, Art. 103; No. 24-І, Art. 118):

1) in all text of the word of "Fund of guaranteeing", "Fund of guaranteeing", "Fund of guaranteeing", "Fund of guaranteeing", "in Fund of guaranteeing" to replace respectively with words of "The single operator", to "The single operator", "The single operator", "The single operator", to "The single operator";

2) in Article 1:

9) to exclude the subitem;

add with subitem 17-1) of the following content:

"17-1) Single operator of housing construction (further - the Single operator) - the mortgage organization with direct or indirect participation of the state in the authorized capital which purpose is participation in realization of state policy in the field of ensuring availability of housing to the population of the Republic of Kazakhstan via mechanisms of mortgage lending and provision of rent housing, development of shared-equity housing construction, and also ensuring availability of financial resources to construction industry;";

Article 24 to state 3) in the following edition:

"Article 24. Single operator

1. One of types of activity of the Single operator is provision of guarantees on completion of construction of the apartment apartment house.

The single operator along with the activities and transactions provided by the Law of the Republic of Kazakhstan "About mortgage of real estate", having the right to perform the following types of activity:

guaranteeing mortgage loans (mortgage housing loans), lease payments, fees on accumulatings of housing construction savings;

guaranteeing loans (credits) for acquisition of share in the apartment apartment house;

financing and implementation of investment projects;

property employment (lease) of real estate objects, including with the right of the subsequent redemption;

the activities assigned to the Single operator by the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities, other regulatory legal acts of the Republic of Kazakhstan and the charter.

2. Financing and material logistics of activities of the Single operator are performed at the expense of the guarantee fees and other sources which are not prohibited by the legislation of the Republic of Kazakhstan.";

Article 27 to exclude 4);

The word of "fifteen" to replace 5) in item 4 of Article 32 with the word "twenty".

Article 2. This Law becomes effective since July 1, 2020.

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