LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 22, 2024 No. 138-VIII ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning reforming of housing policies

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:

1) in subitem 2-3) of part three of Item 1 of Article 740:

"the bank accounts in housing construction savings bank intended" shall be replaced with words words "the bank account in the housing construction savings bank having the status of national institute of development, intended";

replace the word "housing" with the word "dwelling";

2) in subitem 2-3) of part two of Article 741:

"the bank accounts in housing construction savings bank intended" shall be replaced with words words "the bank account in the housing construction savings bank having the status of national institute of development, intended";

replace the word "housing" with the word "dwelling".

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

Part the fourth Item 5 of Article 9 to state 1) in the following edition:

"According to the statement of the owner of the parcel of land payment by installments of payment of the amount equal to the cadastral (estimative) cost of the parcel of land, the stipulated by the legislation Republic of Kazakhstan for the changed purpose, according to the procedure, stipulated in Clause the 49th of this Code is provided to it.";

Item 6 of Article 44 to add 2) with part six of the following content:

"Provision is forbidden to citizens of the Republic of Kazakhstan of the parcels of land for individual housing construction without statement on special accounting of their statements.";

3) Item 1 of Article 49-2 after the words "for the purpose of ensuring development of settlements" to add with words of "individual housing construction".

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

in part two of Item 1 of Article 153 of the word "being technically not difficult" to exclude.

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

in the paragraph the second Article 161 part seven:

"bank accounts in housing construction savings bank" shall be replaced with words words "the bank account in the housing construction savings bank having the status of national institute of development";

shall be replaced with words the words "intended for payment for leased housing" "intended for payment for the leased dwelling".

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

in the paragraph the second subitem 1) Article 156 parts one:

"the bank accounts in housing construction savings bank intended" shall be replaced with words words "the bank account in the housing construction savings bank having the status of national institute of development, intended";

replace the word "housing" with the word "dwelling".

6. In the Law of the Republic of Kazakhstan of November 3, 1994 "About individual housing construction":

add Article 4 with part five of the following content:

"Provision is forbidden to citizens of the Republic of Kazakhstan of the parcels of land for individual housing construction without statement on special accounting of their statements.".

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

Item 7 of Article 3 to state 1) in the following edition:

"7. Creation in the Republic of Kazakhstan of specialized industry banks with participation of the state, except for the housing construction savings bank having the status of national institute of development is not allowed.

The housing construction savings bank having the status of national institute of development - the bank of the second level having the special legal status determined by the laws of the Republic of Kazakhstan.";

2) in part one of Item 2 of Article 36:

"the bank accounts in housing construction savings bank intended" shall be replaced with words words "the bank account in the housing construction savings bank having the status of national institute of development, intended";

replace the word "housing" with the word "dwelling";

3) subitems 3) to state 3-1) and 3-2) parts two of item 4 of Article 50 in the following edition:

"3) submission by banks of data on remaining balance of money on bank accounts of physical persons and about the remuneration of auditing organization added on them based on written consent of the account holder;

3-1) provision of system of the obligatory guaranteeing deposits by participating bank referred to category of banks with unstable financial position, creating threat to interests of his depositors and creditors and (or) threat of stability of financial system, and (or) referred to category of insolvent banks, temporary administration on bank management (to interim managers bank) and authorized body of information, data and documents on activities of such bank, including data on its assets and liabilities, the organization performing obligatory guaranteeing deposits for implementation of functions, stipulated by the legislation the Republic of Kazakhstan about obligatory guaranteeing deposits;

3-2) representation of system of obligatory guaranteeing deposits by participating bank, temporary administration (the temporary administrator) or liquidation commission of bank of data on deposits of physical persons, and also in case of coincidence of the creditor and the debtor in one person - data according to their obligations of the organization performing obligatory guaranteeing deposits and agent banks for implementation of functions, stipulated by the legislation the Republic of Kazakhstan about obligatory guaranteeing deposits;";

4) in subitem 2-2) of part two of Item 1 of Article 51:

"bank accounts" shall be replaced with words words "bank account";

words "bank, intended" shall be replaced with words "the bank having the status of national institute of development, intended";

replace the word "housing" with the word "dwelling";

Shall be replaced with words 5) in part four of Item 3 of Article 61-11 of the word "at the expense of means of special reserve" "according to the legislation of the Republic of Kazakhstan on obligatory guaranteeing deposits".

8. In the Law of the Republic of Kazakhstan of December 23, 1995 "About mortgage of real estate":

state Articles 5-5 and 5-6 in the following edition:

"Article 5-5. The state support on improvement of housing conditions

The state support on improvement of housing conditions is performed by means of:

subsidizings of part of rate of remuneration on mortgage housing loans 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.

Article 5-6. Competence of the central executive body in the field of the housing relations and housing and communal services

The central executive body in the field of the housing relations and housing and communal services for the purpose of implementation of measures of the state support for improvement of housing conditions:

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