LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 2021 No. 95-VII ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning implementation of new regulatory policy in the field of business activity and redistribution of separate functions of law-enforcement bodies of the Republic of Kazakhstan

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

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

The subitem 4) of Item 1 of Article 54 to add 1) with paragraphs the fourth and fifth the following content:

"delivery of health care to persons containing in pre-trial detention centers of criminal and executive (penitentiary) system;

delivery of health care to persons containing in organizations of criminal and executive (penitentiary) system;";

The subitem 4) of Item 1 of Article 55 to add 2) with paragraphs the fourth and fifth the following content:

"delivery of health care to persons containing in pre-trial detention centers of criminal and executive (penitentiary) system;

delivery of health care to persons containing in organizations of criminal and executive (penitentiary) system;".

2. In the Penitentiary code of the Republic of Kazakhstan of July 5, 2014:

7) parts one of Article 15 of the word "staying on the registry of service of probation" shall be replaced with words 1) in the subitem "to which the probation is applied";

2) in Article 16 part one:

11) to exclude the subitem;

in the subitem 12) of the word of "the field of consumer protection" shall be replaced with words "the fields of health care";

3) in Article 17:

in the subitem 4) word parts two "treatment-and-prophylactic, antitubercular," to exclude;

in the paragraph the second part three:

in the subitem 1) words", and also medicines and other means of medical appointment for rendering the additional treatment-and-prophylactic help" to exclude;

3) to state the subitem in the following edition:

"3) the additional services determined by this Code and regulations of organizations.";

the fourth to exclude part;

1) parts five to exclude the subitem;

4) in Article 18:

in part one:

3) to state the subitem in the following edition:

"3) will organize the process connected with rendering social legal assistance to persons to whom the probation, according to the legislation of the Republic of Kazakhstan is applied;";

in the subitem 4) of the word "exempted from organizations, staying on the registry of service of probation" shall be replaced with words "to which the probation is applied,";

add with subitems 5-2) and 5-3) of the following content:

"5-2) will organize delivery of health care to persons containing in organizations; 

5-3) will organize in criminal executive system the medical organizations (somatic, lunatic and antitubercular asylums (departments), the organizations giving out-patient and polyclinic help) for delivery of health care by the convict;";

in part two of the word "provides employment of persons exempted from the organizations which are on accounting of service of probation and also gives them the public and other assistance" shall be replaced with words "provides rendering social legal assistance to persons to whom the probation is applied,";

5) in Article 20:

in the subitem 2) of word part one paragraph two", stipulated in Item parts one of article 84 of the Criminal Code of Kazakhstan" to exclude 4);

the second to state part in the following edition:

"2. Statement of the minor on accounting of service of probation or police is performed in the presence of parents or other legal representatives, and if necessary - the teacher or the psychologist.";

Article 21 to state 6) in the following edition:

"Article 21. Conditions of probation of control

1. Person concerning whom probation control is established shall:

1) to be within ten days from the date of the introduction of sentence or the court order in legal force, and the faces exempted from organizations - within five working days from the date of release in authorized state body which will exercise control of his behavior, for registration;

2) to comply with the conditions established by this Code and procedure for serving sentence and other measures of criminal law action;

3) to be in the authorized state body exercising control of his behavior for the report on the behavior and participations in preventive conversation;

4) in writing to inform the authorized state body exercising control of his behavior on change of the permanent residence, work or study.

2. For goal achievement of punishment and other measures of criminal law action the authorized state body exercising control of behavior of the convict interacts with state bodies according to the legislation of the Republic of Kazakhstan.";

7) in Article 22 part one:

in the subitem 4) "provision and refusal from" to exclude words;

in the subitem 5) words", and also other data necessary for provision scoping for it for social legal assistance" to exclude;

To state Article 23 in the following edition:

"Article 23. Effects of non-compliance with conditions of probation of control

In case of non-compliance with probation of control by person of conditions the service of probation takes materials to court according to Article part two 68, part two of article 176 of this Code.";

9) in Article 26:

the second to add part with words "which execution is assigned to the medical organizations located in organizations";

in part four "organization" shall be replaced with words the word "the medical organizations located in organizations";

Part third of Article 63 to state 10) in the following edition:

"3. Freedoms condemned to restriction have the right to address to local executive bodies, public associations and other organizations for receipt of social legal assistance within, established by the legislation of the Republic of Kazakhstan.";

11) in Article 69 part two:

in the subitem 1) words", and also other data necessary for provision scoping for it for social legal assistance" to exclude;

in the subitem 2) to replace the word "provisions" with the word "obtaining";

12) in part one of Article 97 of the word "safety of convicts and personnel" shall be replaced with words "safety of convicts, personnel and health workers";

13) in Article 104 part two:

in the subitem 4) shall be replaced with words the words "in medical preventive institutions, in hospitals of medical sanitary part of organization" "in the medical organizations located in organizations";

in the subitem 6) shall be replaced with words the words "in medical preventive institutions, and also in hospitals of medical sanitary part of organization" "in the medical organizations located in organizations";

14) in part two of Article 107 of the word "medical part of organization" shall be replaced with words "the medical organization located in organization";

15) in Article 117:

the second to state part in the following edition:

"2. In criminal executive system for delivery of health care in out-patient, hospital-replacing, stationary conditions by the convict will organize the medical organizations (somatic, lunatic and antitubercular asylums (departments), the organization giving out-patient and polyclinic help). Forced treatment of convicts with mental, behavioural disturbances (diseases) connected with the use of psychoactive agents is performed by the medical organization located in organization.";

add with part of 3-1 following content:

"3-1. The administration of organization provides rooms for medical attendance of convicts and provides proper functioning of these rooms.";

in word part four", sanitary and epidemiological surveillance" shall be replaced with words ", the state control and supervision in the field of sanitary and epidemiologic wellbeing of the population";

Shall be replaced with words 16) in part two of Article 121 of the word "in hospitals of medical sanitary part of organization" "in the medical organizations located in organizations for receipt of medical care in stationary conditions";

Part the fourth Article 134 to state 17) in the following edition:

"4. In case of transfer of convicts from disciplinary insulators or solitary confinements in the medical organization located in organizations and also other medical organization of health care the term of their stay in them is set off collection servings in time.";

18) in Article 147 part five:

to "doctor" shall be replaced with words the word to "health worker";

exclude the words "In case of Hospitalization the Convict Is Transferred to Hospital of Medical Sanitary Part.";

add with the paragraph the second the following content:

"In case of hospitalization the convict is transferred to the medical organization located in organization for receipt of medical care in stationary conditions. In case of impossibility of delivery of health care due to the lack of medical products and (or) specialists of the corresponding qualification in the medical organization located in organization, the convict is hospitalized in other relevant medical organization.";

7) parts one of Article 161 of the word "authorized body in the field of criminal and executive activities in coordination with authorized body in the field of health care" shall be replaced with words 19) in the subitem "authorized body in the field of health care in coordination with authorized body in the field of criminal and executive activities";

20) in Article 166 part one:

in paragraph one of the word "and service of probation" to exclude;

in the paragraph the second words "service of probation" shall be replaced with words "local executive body";

 Article 168 to state 21) in the following edition:

"Article 168. Rendering assistance in the labor and household device, provision of other types of the public assistance to persons exempted from serving sentence

1. Akimat of area, city of republican value, capital, area, city of regional value:

1) renders assistance in the labor and household device, and also provision of other types of the public assistance to persons exempted from serving sentence;

2) annually allocates quotas of workplaces for persons exempted from organizations and also encourages the physical persons and legal entities employing them.

2. Person exempted from the organization having the right to address to local executive bodies, public associations and other organizations behind provision to it the help in the labor and household device and other types of the public assistance.";

22) in Article 169:

in part four:

in the subitem 1) the word "service" shall be replaced with words "local executive bodies";

in the subitem 2) of the word "service of probation" shall be replaced with words "local executive bodies";

the fifth and sixth to exclude parts;

the seventh to state part in the following edition:

"7. Conditionally ahead of schedule exempted person has the right to address to local executive bodies, public associations and other organizations behind provision to it social legal assistance.

Local executive bodies, public associations and other organizations give social legal assistance to conditionally ahead of schedule exempted person according to the legislation of the Republic of Kazakhstan.";

2) to state the subitem to part eight in the following edition:

"2) at least once a month to be in law-enforcement body on which registry stays, for the report on the behavior;";

23) in Article 172:

in part five:

in the subitem 1) of the word "service of probation" shall be replaced with words "local executive bodies";

in the subitem 2) of the word "service of probation" shall be replaced with words "local executive bodies";

the sixth and seventh to exclude parts;

the eighth to state part in the following edition:

"8. Person concerning whom the court establishes administrative supervision has the right to address to local executive bodies, public associations and other organizations behind provision to it social legal assistance.

Local executive bodies, public associations and other organizations give social legal assistance to person concerning whom the court establishes administrative supervision, according to the legislation of the Republic of Kazakhstan.";

in part nine:

shall be replaced with words the words "in law-enforcement bodies" "in law-enforcement body on which registry stays,";

words", and also in service of probation for the report on the social legal assistance received by it" to exclude;

24) in Article 174:

in part one:

in the subitem 1) of the word", and also finds out other data necessary for scoping of the social legal assistance provided to it" to exclude;

in the subitem 2) "provision and refusal from" to exclude words;

the second to exclude part;

third to state part in the following edition:

"3. Person condemned is conditional, has the right to address to local executive bodies, public associations and other organizations behind provision to it social legal assistance.

Local executive bodies, public associations and other organizations give social legal assistance to person, to the convict is conditional, according to the legislation of the Republic of Kazakhstan.".

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

Item 1 of Article 9 to add 1) with part two of the following content:

"Within state regulation new requirements to subjects of private entrepreneurship can be introduced only on condition of dominance of benefits for consumers, the state over the costs connected with implementation of state regulation.";

Article 11 to state 2) in the following edition:

"Article 11. Efficiency of state regulation of entrepreneurship

Efficiency of state regulation of entrepreneurship is reached through:

1) observance of the conditions of forming of regulatory tools established in this Code, and also implementation of compulsory procedures of reasons, approval and monitoring of state regulation;

2) increase in trust of the state to subjects of entrepreneurship;

3) the systemacity and the sequence of state regulation based on implementation of project management in forming of regulatory policy, succession and accounting of earlier made decisions of state regulation of business activity;

4) introduction of the personal responsibility of officials of state bodies for causing damage to subjects of entrepreneurship;

5) inadmissibility of creation of barriers to subjects of entrepreneurship as a result of introduction of new requirements.";

Article 22 to add 3) with words ", and also other measures of stimulation determined by the legislation of the Republic of Kazakhstan";

The word "insignificant" to replace 4) in Item 6 of Article 38 with the word "low";

Part the second Article 62 to state 5) in the following edition:

"Introduction of the self-regulation based on obligatory membership (participation) in the field of business or professional activity requires preliminary observance of the following conditions:

1) regulatory state agency in the specific sphere and interested persons shall prepost the procedure of the analysis of regulatory impact according to Article 83 of this Code;

2) functioning in the field of in which introduction of the self-regulation based on obligatory membership (participation), the self-regulatory organizations based on voluntary membership (participation) and (or) other non-profit organizations with obligatory membership of subjects of business or professional activity, except for National chamber of entrepreneurs of the Republic of Kazakhstan is planned.";

6) in part one of Item 2 of Article 64 of the word", based on obligatory membership (participation)" to exclude;

Articles 80 and 81 to state 7) in the following edition:

"Article 80. Purposes, tasks and limits of state regulation of entrepreneurship

1. The purposes of state regulation of entrepreneurship are safety of the goods made and realized by the subject of entrepreneurship, works, services for life and human health, protection of their legitimate interests, safety for the environment, homeland security of the Republic of Kazakhstan, protection of the valuable interests of the state and creating favorable conditions for development of entrepreneurship stimulating growth of national economy.

2. Tasks of state regulation of entrepreneurship include:

1) protection of life and human health, environmental protection;

2) forming of the regulatory circle stimulating investment attraction in national economy and favorable ecosystem for innovative activities;

3) creation of conditions for development of fair competition;

4) stimulation of the fair, ethic business based on goodwill of entrepreneurs;

5) assistance to self-regulation development;

6) consumer protection.

3. State regulation of entrepreneurship is performed via regulatory tools and is based on establishment of the requirements by the state obligatory for execution by subjects of entrepreneurship, at the level:

1) laws of the Republic of Kazakhstan;

2) normative legal presidential decrees of the Republic of Kazakhstan;

3) normative legal orders of the Government of the Republic of Kazakhstan;

4) normative legal orders of ministers of the Republic of Kazakhstan and other heads of the central state bodies and their departments;

5) regulatory legal acts of National Bank of the Republic of Kazakhstan and authorized body on regulation, control and supervision of the financial market and the financial organizations;

6) normative legal decisions of maslikhats, normative legal decisions of akims, normative legal resolutions of akimats;

7) other documents containing mandatory requirements according to the legislation of the Republic of Kazakhstan.

4. Action of this Chapter does not extend to state regulation of entrepreneurship in the field of the financial legislation of the Republic of Kazakhstan, activities of the financial organizations, branches of banks - nonresidents of the Republic of Kazakhstan, branches of the insurance (reinsurance) organizations - nonresidents of the Republic of Kazakhstan, branches of insurance brokers - the nonresidents of the Republic of Kazakhstan and persons which are part of insurance groups and banking conglomerates and also to projects of regulatory legal acts of National Bank of the Republic of Kazakhstan and authorized body on regulation, control and supervision of the financial market and the financial organizations.

Article 81. Forms and means of state regulation of entrepreneurship

1. State regulation of entrepreneurship is performed in shape:

1) state registration of subjects of entrepreneurship;

2) technical regulation;

3) state regulation of the prices and rates;

4) compulsory insurance of civil responsibility of subjects of entrepreneurship according to the laws of the Republic of Kazakhstan;

5) protection of the competition and restriction of monopolistic activities;

6) other forms of state regulation of entrepreneurship established by the laws of the Republic of Kazakhstan.

2. Means of ensuring of execution of the requirements obligatory for execution by subjects of entrepreneurship, are the following regulatory tools:

1) allowing or notifying procedure subjects of entrepreneurship of separate types of activity or actions (transactions);

2) state control and supervision;

3) establishment by the laws of the Republic of Kazakhstan of responsibility of subjects of entrepreneurship;

4) information tools;

5) the self-regulation based on obligatory membership (participation) in self-regulatory organization.";

8) to add with Article 81-1 of the following content:

"Article 81-1. Conditions of forming of the regulatory tools and (or) requirements obligatory for execution by subjects of entrepreneurship

1. Regulatory tools and (or) requirements are created based on the following conditions:

1) justification;

2) equalities of regulation of business activity;

3) opennesses;

4) feasibilities;

5) definiteness;

6) proportionality and rationality;

7) sequences and predictabilities.

2. The conditions specified in Item 1 of this Article have the following determinations:

1) as justification it is understood that regulatory tools and (or) requirements are introduced only for the purpose of protection of the rights and legitimate interests of physical persons and legal entities, life and human health, the environment, defense and homeland security of the Republic of Kazakhstan;

2) equality of regulation of business activity is understood as non-admission of establishment of more advantageous legal conditions for certain subjects of the market, including for subjects of the quasi-public sector and subjects of natural monopolies, when implementing this regulation if other is not established by the laws of the Republic of Kazakhstan;

3) openness is understood as availability of information on the entered (changeable) regulatory tool and (or) the requirement, clarity of motives of their introduction;

4) feasibility is understood as possibility of execution by subjects of entrepreneurship of conditions of the introduced regulatory tool and (or) the requirement;

5) definiteness is understood as statement of regulations of the regulatory legal acts regulating regulatory tools and (or) requirements in the clear, available form which is not allowing double interpretation;

6) proportionality and rationality is understood as compliance of level of impact of state regulation of entrepreneurship of risk degree of approach of unfavorable events for protected by the Constitution and the laws of the Republic of Kazakhstan of values;

7) the sequence and predictability is understood as compliance of the entered and (or) operating regulatory tools and (or) requirements to documents of System of state planning in the Republic of Kazakhstan.

3. Introduction of regulatory tools and (or) requirements, and also change of operating are performed with observance of the conditions established by this Article.

Regulatory tools and (or) requirements shall answer the purpose, tasks of state regulation of entrepreneurship and the principles of interaction of subjects of entrepreneurship and the state established by Articles 3 and 80 of this Code.

4. Assessment of conformity to conditions of the entered and operating regulatory tools and (or) requirements is performed within carrying out the analysis of regulatory impact according to rules of carrying out and use of the analysis of regulatory impact of regulatory tools and (or) requirements.";

Article 82 to state 9) in the following edition:

"Article 82. Features of development and acceptance of the regulatory legal acts providing introduction of regulatory tools and (or) requirements, toughening of regulation concerning subjects of entrepreneurship

1. If state bodies plan to enter the new regulatory tool and (or) the requirement, to toughen regulation concerning subjects of entrepreneurship, state bodies shall prepost the procedure of the analysis of regulatory impact according to the procedure, determined by authorized body by entrepreneurship.

Toughening of regulation is establishment of subsidiary duties or other increase in load of subjects of entrepreneurship.

2. Introduction of the new requirement or toughening of regulation concerning subjects of entrepreneurship shall provide cancellation of two requirements in the same area of legal regulation of business activity according to the procedure, determined by rules of carrying out and use of the analysis of regulatory impact of regulatory tools and (or) requirements, except as specified, which can entail mass threat of life and to health of the population, the environment and homeland security of the Republic of Kazakhstan.

Provisions of this Item do not extend to cases when regulation of the corresponding legal relationship when implementing business activity is introduced for the first time, and also on the cases provided by the subitem 3) of part two of Item 3 of this Article.

3. Draft documents of System of state planning in the Republic of Kazakhstan, concepts of drafts of the laws of the Republic of Kazakhstan, projects of regulatory legal acts of the Republic of Kazakhstan, drafts of the technical regulations of the Eurasian Economic Union providing introduction of regulatory tools and (or) requirements or toughening of regulation concerning subjects of entrepreneurship are subject to the analysis of regulatory impact.

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