LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 12, 2023 No. 23-VIII ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning return to the state of illegally acquired assets

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 (General part) of December 27, 1994:

Part one of Item 1 of Article 182 to add 1) with the subitem 6) of the following content:

"6) when conducting check of legality of sources of acquisition (origin) of asset according to the legislation of the Republic of Kazakhstan on return to the state of illegally acquired assets.";

Item 2 of Article 249 to add 2) with the subitem 9) of the following content:

"9) addresses to the income of the state of property according to the legislation of the Republic of Kazakhstan on return to the state of illegally acquired assets.";

Article 261 to add 3) with item 4 of the following content:

"4. The law of the Republic of Kazakhstan "About return to the state of illegally acquired assets" other bases of recognition persons can be identified by the fair acquirer.".

2. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999:

The subitem 3) to state 1) to part one of Item 2 of Article 742 in the following edition:

"3) in the third queue money withdrawal according to obligations of the client to the budget, and also on demand about collection of assets according to the Law of the Republic of Kazakhstan "About return to the state of illegally acquired assets is made";";

Part one of Item 5 of Article 830 to add 2) with subitem 3-1) of the following content:

"To 3-1) authorized body on return of assets - by the written request signed by the first head or person fulfilling its duties with appendix of the statement from the register approved according to the Law of the Republic of Kazakhstan "About return to the state of illegally acquired assets";".

3. In the Land code of the Republic of Kazakhstan of June 20, 2003:

to add Item 2 of Article 81 with the subitem 6) of the following content:

"6) addresses to the income of the state of the parcel of land according to the legislation of the Republic of Kazakhstan on return to the state of illegally acquired assets.".

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

The subitem 10) of Article 4 to state 1) in the following edition:

"10) the principle of timeliness - transfer of receipts in republican and local budgets, into the control account of cash of National fund of the Republic of Kazakhstan and their transfer into accounts of the Government in National Bank of the Republic of Kazakhstan, in Fund of compensation by the victim, Fund of support of infrastructure of education, Special state fund, transfer and distribution of receipts in budgets of state members of the Eurasian Economic Union, adoption of obligations by public institutions according to individual funding plans according to obligations, carrying out payments according to individual funding plans on payments and transfer of budgetary funds for accounts of receivers of budgetary funds in terms with observance of the procedure determined by the corresponding regulatory legal acts of the Republic of Kazakhstan;";

Part third of Item 3 of Article 6 to state 2) in the following edition:

"The consolidated budget is the centralized cash fund of the state combining the republican budget, budgets of areas, cities of republican value, the capital, receipt and expenses of National fund of the Republic of Kazakhstan, receipt and payment of Fund of compensation by the victim, receipts and expenses of Fund of support of infrastructure of education, receipt and expenses of Special state fund, receipt and expenses of the State Social Insurance Fund, receipt and expenses of Fund of social medical insurance without mutually repayable transactions between them.";

Subitems 4) and 5) of Item 2 of Article 49 to state 3) in the following edition:

"4) the penalties, penalty fee, sanctions, penalties imposed by the public institutions financed from the republican budget, and also containing and financed from the budget (expense budget) of National Bank of the Republic of Kazakhstan, except for receipts from the organizations of oil sector in Fund of compensation by the victim, Fund of support of infrastructure of education and Special state fund;

5) other non-tax receipts in the republican budget, except for receipts from the organizations of oil sector, in Fund of compensation by the victim, Fund of support of infrastructure of education and Special state fund.";

Chapter 8 to add 4) with Article 52-4 of the following content:

"Article 52-4. Receipts in Special state fund

Non-tax receipts in Special state fund are:

1) money, including from realization of the property returned according to the Law of the Republic of Kazakhstan "About return to the state of illegally acquired assets";

2) money from realization of other property which arrived in property of managing company or as a result of its activities for asset management according to the legislation of the Republic of Kazakhstan on return to the state of illegally acquired assets.";

Subitem 8-1) of Item 1 of Article 58 to state 5) in the following edition:

"8-1) developments of offers and consideration of questions on distribution of fund of support of infrastructure of education and Special state fund;";

6) in Article 88:

add Item 1 with subitems 16) and 17) of the following content:

"16) with transfer of receipts of the money sent to Special state fund and their expenditure according to the legislation of the Republic of Kazakhstan on return to the state of illegally acquired assets (the account of Special state fund);

17) with transfer of receipts of money of Special state fund and their expenditure according to the legislation of the Republic of Kazakhstan on return to the state of illegally acquired assets (the special account of the central and (or) local authorized bodies of the respective sphere).";

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

"2. Transactions on receipts and the registered payments, and (or) money transfers from control accounts of cash of the relevant budgets, National fund of the Republic of Kazakhstan, Fund of compensation by the victim, Fund supports of infrastructure of education, Special state fund, from realization of goods by public institutions (works, services) are considered according to single budget classification and codes of public institutions.";

The subitem 2) of Item 2 of Article 90 to state 7) in the following edition:

"2) distribution of receipts between republican, local budgets, National fund of the Republic of Kazakhstan, Fund of compensation by the victim, Fund of support of infrastructure of education, Special state fund and budgets of state members of the Eurasian Economic Union;";

To state Articles 92 and 94 in the following edition:

"Article 92. Distribution of receipts between republican, local budgets, National fund of the Republic of Kazakhstan, Fund of compensation by the victim, Fund of support of infrastructure of education, Special state fund and budgets of state members of the Eurasian Economic Union

1. Distribution of receipts between republican, local budgets, National fund of the Republic of Kazakhstan, Fund of compensation by the victim, Fund of support of infrastructure of education, Special state fund and budgets of state members of the Eurasian Economic Union is performed each working day by the central authorized body on budget implementation according to this Code.

2. Distribution of receipts is performed based on the table of distribution of receipts of the budget approved by the central authorized body on budgetary planning between levels of budgets, the control account of cash of National fund of the Republic of Kazakhstan, Fund of compensation by the victim, Fund of support of infrastructure of education, Special state fund and budgets of state members of the Eurasian Economic Union, standard rates of income distribution between the regional budget and its district (the cities of regional value) budgets, the established decision of regional maslikhat, and also the list of the organizations of oil sector.";

"Article 94. Return from the budget, National fund of the Republic of Kazakhstan, Fund of compensation by the victim, Fund of support of infrastructure of education, Special state fund of excessively (mistakenly) paid amounts of receipts or their offsetting on account of debt repayment

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