LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 15, 2021 No. 72-VIІ ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning public procurements, purchases of subsoil users and subjects of natural monopolies, communication, road transport, defense and science funding

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 (Special part) of July 1, 1999:

Table of contents to exclude 1);

Part third of Item 1 of Article 740 to add 2) with the subitem 9) of the following content:

"9) on the money which is on the bank account of the single operator in the field of public procurements intended for introduction by potential suppliers or suppliers of money as interim measures within participation in public procurements according to the Law of the Republic of Kazakhstan "About public procurements".";

Part the second Article 741 to add 3) with the subitem 8) of the following content:

"8) on the money which is on the bank account of the single operator in the field of public procurements intended for introduction by potential suppliers or suppliers of money as interim measures within participation in public procurements according to the Law of the Republic of Kazakhstan "About public procurements".".

2. In the Budget code of the Republic of Kazakhstan of December 4, 2008:

the thirteenth the subitem 1) of Item 1 of Article 53 to state the paragraph in the following edition:

"carrying out basic and applied scientific research, commercialization of results of scientific and (or) scientific and technical activities, financing of the scientific organizations included in the list of the scientific organizations performing basic scientific research approved by authorized body in the field of science;".

3. In the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014:

to add paragraph two of part seven of Article 161 with words ", and also on the money which is on the bank account of the single operator in the field of public procurements intended for introduction by potential suppliers or suppliers of money as interim measures within participation in public procurements according to the Law of the Republic of Kazakhstan "About public procurements".

4. In the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015:

to add Item 13 of Article 28 with the subitem 7) of the following content:

"7) information on the carried-out public procurements and purchases of subjects of the quasi-public sector, except for the organizations entering into structure of National Bank of the Republic of Kazakhstan and legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank of the Republic of Kazakhstan or there are in its trust management, including data on plans, announcements, participants, results, the signed agreements, execution of contractual commitments and payment, and also information on local content, except for the data constituting the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets and (or) containing the office information of limited distribution determined by the Government of the Republic of Kazakhstan.".

5. In the Code of civil procedure of the Republic of Kazakhstan of October 31, 2015:

Table of contents to exclude 1);

2) subitem paragraph two 1) of article 156 part one after the word of "claimants" to add with the words "and also on the money which is on the bank account of the single operator in the field of public procurements intended for introduction by potential suppliers or suppliers of money as interim measures within participation in public procurements according to the Law of the Republic of Kazakhstan " about public procurements "".

6. In the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use":

Table of contents to exclude 1);

Chapter 3 to add 2) with Article 28-1 of the following content:

"Article 28-1. Agreement on stimulation of entrepreneurship

1. The agreement on stimulation of entrepreneurship is understood as the agreements signed by authorized bodies in the field of hydrocarbons, production of uranium and solid minerals with National chamber of entrepreneurs of the Republic of Kazakhstan and subsoil users on voluntary basis and directed to support of local producers.

2. Monitoring of execution of terms of agreement about stimulation of entrepreneurship, and also the publication of its results on Internet resources are performed by National chamber of entrepreneurs of the Republic of Kazakhstan together with authorized bodies in the field of hydrocarbons, production of uranium and solid minerals on the basis of data of the subsoil users represented by way of ensuring access to systems of electronic procurement.";

Article 61 to add 3) with subitems 6-1) and 6-2) of the following content:

"6-1) conclusions with National chamber of entrepreneurs of the Republic of Kazakhstan and subsoil users of agreements on stimulation of entrepreneurship;

6-2) developments and approvals of rules of the conclusion, modification, amendments and agreement cancelation about stimulation of entrepreneurship, and also monitoring of their execution, standard form of the agreement on stimulation of entrepreneurship together with authorized bodies in the field of hydrocarbons and production of uranium;";

Article 62 to add 4) with subitems 11-1) and 11-2) of the following content:

"11-1) conclusions with National chamber of entrepreneurs of the Republic of Kazakhstan and subsoil users of agreements on stimulation of entrepreneurship;

11-2) developments and approvals of rules of the conclusion, modification, amendments and agreement cancelation about stimulation of entrepreneurship, and also monitoring of their execution, standard form of the agreement on stimulation of entrepreneurship together with authorized bodies in the field of production of uranium and solid minerals;";

Article 63 to add 5) with subitems 7-1) and 7-2) of the following content:

"7-1) conclusions with National chamber of entrepreneurs of the Republic of Kazakhstan and subsoil users of agreements on stimulation of entrepreneurship;

7-2) developments and approvals of rules of the conclusion, modification, amendments and agreement cancelation about stimulation of entrepreneurship, and also monitoring of their execution, standard form of the agreement on stimulation of entrepreneurship together with authorized bodies in the field of hydrocarbons and solid minerals;";

Part one of Item 2 of Article 215 to add 6) with words ", except for the report provided by the subitem 2) of Item 1 of this Article, represented quarterly no later than the twenty fifth following the accounting period".

7. In the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan":

the second Item 1 of Article 51 to add part with the subitem 9) of the following content:

"9) on the money which is on the bank account of the single operator in the field of public procurements intended for introduction by potential suppliers or suppliers of money as interim measures within participation in public procurements according to the Law of the Republic of Kazakhstan "About public procurements".".

8. In the Law of the Republic of Kazakhstan of July 4, 2003 "About road transport":

1) in Article 14-1:

state Item 1 in the following edition:

"1. The government of the Republic of Kazakhstan determines the national operator of information system of tracking of the international motor transportations following the results of tender according to procedure and the requirement which are established by the authorized state body performing management in the field of ensuring receipts of taxes and other obligatory payments in the budget in coordination with authorized body in the field of informatization.";

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

"2) is provided by possibility of tracking of the international motor transportations with use of navigation satellite systems according to the procedure determined by the legislation of the Eurasian Economic Union and (or) authorized state body performing management in the field of ensuring receipts of taxes and other obligatory payments in the budget;";

2) in Item 6 of Article 45:

in part three:

after the word "authorized" to add with the word "state";

shall be replaced with words the words "and payments" "and other obligatory payments";

the fourth to exclude part.

9. In the Law of the Republic of Kazakhstan of July 5, 2004 "About communication":

Item 1 of Article 8 to add 1) with subitem 19-20) of the following content:

"19-20) organization and carrying out tenders (or auctions) on distribution of strips of frequencies, radio frequencies (radio-frequency channels) in the Republic of Kazakhstan in the ranges recommended for distribution through carrying out tender (or auction) the Interdepartmental commission on radio frequencies of the Republic of Kazakhstan under the Government of the Republic of Kazakhstan, determination of conditions of tenders (or auctions), requirements to their participants;";

2) in Article 12:

add Item 6 with parts three and the fourth the following content:

"The physical persons and legal entities which got the permissions to use of radio-frequency range issued for the organization of broadband access to communication services shall no more than two years in time from the moment of receipt of such permissions to provide availability of technical infrastructure for provision of access to communication services, the corresponding minimum threshold values on quality, at least thirty percent of the population in each settlement in the territory of use of the issued permissions.

The requirement of part three of this Item does not extend to the telecom operators who assumed liabilities within the permissions to use of radio-frequency range issued by authorized body on providing services for communication of settlements and (or) the territories according to part two of this Item.";

7) of Item 7 to exclude the subitem;

add Item 8-1 with the subitem 5) of the following content:

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