LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 15, 2011 No. 461-IV ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of authorization system

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

1. In the Code of the Republic of Kazakhstan about administrative offenses of January 30, 2001 (The sheet of Parliament of the Republic of Kazakhstan, 2001, No. 5-6, of Art. 24; No. 17-18, of Art. 241; No. 21-22, of Art. 281; 2002, No. 4, Art. 33; No. 17, Art. 155; 2003, No. 1-2, of Art. 3; No. 4, Art. 25; No. 5, Art. 30; No. 11, Art. 56, 64, 68; No. 14, Art. 109; No. 15, Art. 122, 139; No. 18, Art. 142; No. 21-22, of Art. 160; No. 23, Art. 171; 2004, No. 6, Art. 42; No. 10, Art. 55; No. 15, Art. 86; No. 17, Art. 97; No. 23, Art. 139, 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 7-8, of Art. 19; No. 9, Art. 26; No. 13, Art. 53; No. 14, Art. 58; No. 17-18, of Art. 72; No. 2122, Art. 86, 87; No. 23, Art. 104; 2006, No. 1, Art. 5; No. 2, Art. 19, 20; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72, 77; No. 13, Art. 85, 86; No. 15, Art. 92, 95; No. 16, Art. 98, 102; No. 23, Art. 141; 2007, No. 1, Art. 4; No. 2, Art. 16, 18; No. 3, Art. 20, 23; No. 4, Art. 28, 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 12, Art. 88; No. 13, Art. 99; No. 15, Art. 106; No. 16, Art. 131; No. 17, Art. 136, 139, 140; No. 18, Art. 143, 144; No. 19, Art. 146, 147; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 12, Art. 48, 51; No. 13-14, of the Art. 54, 57, 58; No. 15-16, of Art. 62; No. 20, Art. 88; No. 21, Art. 97; No. 23, Art. 114; No. 24, Art. 126, 128, 129; 2009, No. 2-3, of the Art. 7, 21; No. 9-10, of the Art. 47, 48; No. 13-14, of the Art. 62, 63; No. 15-16, of the Art. 70, 72, 73, 74, 75, 76; No. 17, Art. 79, 80, 82; No. 18, Art. 84, 86; No. 19, Art. 88; No. 23, Art. 97, 115, 117; No. 24, Art. 121, 122, 125, 129, 130, 133, 134; 2010, No. 1-2, of the Art. 1, 4, 5; No. 5, Art. 23; No. 7, Art. 28, 32; No. 8, Art. 41; No. 9, Art. 44; No. 11, Art. 58; No. 13, Art. 67; No. 15, Art. 71; No. 17-18, of the Art. 112, 114; No. 20-21, of Art. 119; No. 22, Art. 128, 130; No. 24, Art. 146, 149; 2011, No. 1, Art. 2, 3, 7, 9; No. 2, Art. 19, 25, 26, 28; No. 3, Art. 32; No. 6, Art. 50; No. 8, Art. 64):

1) in Article 87-2:

in the paragraph the second to exclude parts two of the word "with suspension of action of the license";

in the paragraph the second to exclude parts three of the word "with deprivation of the license";

2) in Article 155-1:

in the paragraph the twelfth part one, the paragraph the ninth part two and the paragraph the fourth to exclude parts three of the word "with suspension of action of the license for the right of implementation of activities for property administration and cases of insolvent debtors in insolvency proceedings";

in the paragraph the second to exclude parts four of the word "with deprivation of the license for the right of implementation of activities for property administration and cases of insolvent debtors in insolvency proceedings";

Chapter 17 heading after the word "electric" to add 3) with the words "and atomic";

4) paragraph one of part two of article 220 after words "nuclear materials," to add with words of "radioactive materials";

5) in Article 222:

"nuclear" to add heading after the word with the word", radiation";

part one in paragraph one:

after the word "nuclear" to add with the word", radiation";

shall be replaced with words the words "when using atomic energy" "in case of the treatment of nuclear materials, radioactive materials, sources of ionizing radiation";

word part two in paragraph one "nuclear materials and radioactive materials" shall be replaced with words "nuclear materials, radioactive materials and sources of ionizing radiation";

6) in Article 309-1:

word part five in paragraph one to "grain storage" shall be replaced with words "to rendering services in warehouse activities with issue of grain receipts, except for the activities permitted by the Law of the Republic of Kazakhstan "About grain";

word part seven in paragraph one to "acceptance, weighing, drying, cleaning, storage and shipment of grain" shall be replaced with words to "rendering services in warehouse activities with issue of grain receipts";

In paragraph one of part five of Article 309-4 of the word "to primary conversion of cotton raw in hlopokvolokno" shall be replaced with words 7) to "rendering services in warehouse activities with issue of cotton receipts";

8) 11) to state the subitem to part one of Article 317 in the following edition:

"11) checkings and calibrations of measuring instruments, metrological certification

techniques of accomplishment of measurements without accreditation;";

9) Article 325 in paragraph one:

the words "such type of activity and permissions to their advertizing" shall be replaced with words "implementation of the corresponding type of activity";

words of "state registration and permission to their advertizing" shall be replaced with words "state registration";

10) in Article 357-2:

in word heading "rules and" to exclude;

word part one in paragraph one of "licensed rules and regulations" shall be replaced with words "The Republic of Kazakhstan of regulations of licensing";

word part two in paragraph one of "licensed rules and regulations" shall be replaced with words "licensing regulations";

In paragraph one of Article 399 of the word "without proper license or with violation of the conditions provided by the license, and it is equal" to exclude 11);

The word "Article" shall be replaced with words 12) in Article 576-6 part one "Articles 175 (part two) (regarding the offenses made by tour operators and travel agents),";

The thirty seventh the subitem 1) parts one of article 636 of figure "87-2," to exclude 13) in the paragraph.

2. 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. 1314, 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):

1) in part one of Item 2 of Article 10:

after the word "approved" to add with the words "within three working days";

words "areas (the city of republican value, the capital), the area (the city of regional value)", "areas (the city of republican value, the capital), areas (the cities of regional value)" to replace respectively with words "areas, the cities of republican value, the capital, the area, the city of regional value", "areas, the cities of republican value, the capital, areas, the cities of regional value";

2) in the subitem 13) of Item 1 of Article 14 of the word of "emergency situations" to exclude;

The subitem 12) of Item 1, the subitem 1) of Item 2 of Article 14-1 to exclude 3);

4) in Article 43:

state Item 1 in the following edition:

"1. Provision of the right to the parcel of land from the lands which are in state-owned property is made in the following sequence:

1) acceptance to consideration of the application about provision of the appropriate right to the parcel of land;

2) determination of possibility of use of the asked parcel of land on the declared purpose according to territorial zoning;

3) the preliminary choice of the parcel of land (in case of purchase of the parcel of land for construction of facilities);

4) preparation of the conclusion by the commission created by the relevant local executive bodies about provision of the parcel of land;

5) development and approval of the land management project;

6) decision making by local executive body of area, city of republican value, the capital, area, city of regional value, the akim of the city of district value, the settlement, aul (village), aulny (rural) district, and in the territory of special economic zones - decisions administration of special economic zone about provision of the right to the parcel of land;

7) conclusion of the purchase and sale agreement or temporary (short-term, long-term) paid (non-paid) land use;

8) establishment of borders of the parcel of land on the area;

9) production and issue of the identification document on the parcel of land.";

in Item 2:

third to state part in the following edition:

"The decision on provision of the parcel of land is made based on the positive conclusion of the commission and the land management project. The decision on refusal in provision of the parcel of land is made based on the negative conclusion of the commission.";

add with part four of the following content:

"The commission is created by local executive bodies of area, city of republican value, the capital, area, city of regional value from among deputies of local representative body, representatives of authorized body of area, city of republican value, the capital, area, city of regional value, structural divisions of the relevant local executive bodies performing functions in the field of architecture and town planning, and also local government bodies (in case of their availability).";

the fifth to state part in the following edition:

"The decision of akims of the cities of district value, settlements, auls (villages), aulny (rural) districts on provision of the parcel of land is accepted based on the positive conclusion of the commission created by local executive bodies of the area, city of regional value, and the land management project. The decision of akims of the cities of district value, settlements, auls (villages), aulny (rural) districts on refusal in provision of the parcel of land is accepted based on the negative conclusion of the commission.";

add with parts seven and the eighth the following content:

"The conclusion of the commission is constituted in duplicate in the form of the legal decision within five working days from the moment of receipt in the commission of the offer on possibility of use of the asked parcel of land on the declared purpose according to territorial zoning or provisions of the preliminary choice of the parcel of land (in case of purchase of the parcel of land for construction of facilities).

One copy of the positive conclusion of the commission within five working days is transferred to the applicant for preparation of the land management project by it.";

state Item 3 in the following edition:

"3. The physical persons and legal entities interested in provision of the property rights by it and (or) land use on the parcels of land submit the application to local executive body of area, city of republican value, the capital, area, city of regional value, to the akim of the city of district value, the settlement, aul (village), aulny (rural) district in the location of the parcel of land, and in the territory of special economic zone in administration of special economic zone.

Shall be specified in the statement: purpose of use of the parcel of land; its expected sizes; location; the asked right to use; availability (absence) of other parcel of land (on the parcels of land specified in Item 2 of article 50 of this Code). In case of development of minerals the copy of the contract for subsurface use is enclosed to the application.

The statement for provision of the right to the parcel of land within three working days arrives in authorized bodies of areas, cities of republican value, the capital, areas, cities of regional value in the location of the parcel of land for determination (in settlements together with bodies of architecture and town planning) possibilities of use of the asked parcel of land on the declared purpose according to territorial zoning.

Aggregate term of consideration of the application about provision of the right to the parcel of land constitutes up to two months from the moment of its receipt.

In case of representation by the applicant of incomplete document package, necessary for decision making about provision or about refusal in provision of the right to the parcel of land, authorized bodies of areas, the cities of republican value, the capital, areas, cities of regional value in the location of the parcel of land within two working days give written motivated refusal to the applicant in consideration of the application.

The periods do not enter the specified time:

creation of the land management project prepared according to Item 3 of Article 44 of this Code;

approvals, stipulated in Item 6th Articles 44 of this Code;

establishments of borders of the parcel of land on the area.";

the second item 4 to state part in the following edition:

"The term of preparation of offers on possibility of use of the asked parcel of land on the declared purpose according to territorial zoning constitutes up to ten working days from the moment of receipt of the statement.";

state Item 7 in the following edition:

"7. The copy of the decision of local executive body of area, city of republican value, the capital, area, city of regional value, the akim of the city of district value, the settlement, aul (village), aulny, (rural) district, and in the territory of special economic zone the copy of the decision of administration of special economic zone on provision or about refusal in provision of the appropriate rights to the parcels of land is handed (goes) to the applicant within five working days from the moment of decision making.

When provision of the parcels of land is included into competence of higher executive body, local executive body of area, city of republican value, the capital, area, city of regional value, the akim of the city of district value, the settlement, aul (village), the aulny (rural) district directs land management case with the decision to higher body for acceptance of the final decision.

The decision of local executive body of area, city of republican value, the capital, area, city of regional value, the akim of the city of district value, the settlement, aul (village), aulny (rural) district on provision of the right to the parcel of land is accepted till seven working days from the moment of receipt of the land management project approved by the relevant authorized body of area, city of republican value, the capital, area, city of regional value.

The purchase and sale agreement or temporary (short-term, long-term) paid (non-paid) land use consists authorized body on land relations based on the decision on provision of the right to the parcel of land no later than ten working days from the date of decision making in time.

Establishment of borders of the parcel of land on the area is performed based on the address of the applicant according to the procedure, established by the legislation of the Republic of Kazakhstan.

Production and issue of the identification document on the parcel of land are performed within six working days according to the procedure, established by the legislation of the Republic of Kazakhstan.

In the presence of the land management project of placement of the parcels of land on the platform for branch under individual housing construction creation of the land management project on each parcel of land is not required.";

5) in Article 44:

in Item 1:

state part one in the following edition:

"1. In case of purchase of the parcel of land the choice of the parcel of land which is performed by the special commission is made previously for construction of facilities. The special commission is created by the structural divisions of the relevant local executive bodies performing functions in the field of architecture and town planning with involvement of representatives of competent state bodies.";

in word part two "authorized body of area (the city of republican value, the capital), the area (the city of regional value)" shall be replaced with words "the structural divisions of the relevant local executive bodies performing functions in the field of architecture and town planning";

state Item 2 in the following edition:

"2. The choice of the parcel of land and execution of the act of the choice of the parcel of land are performed within ten working days with the subsequent direction of the act of the choice of the parcel of land in the commission for consideration and preparation of the conclusion according to Item 2 of Article 43 of this Code.";

the first and second Item 6 to state parts in the following edition:

"6. In case in the territory chosen under placement of construction object apartment houses, other buildings and constructions, and also the engineering communications and green plantings which are subject to demolition or transfer are located (including getting in case of allocation of land to the sanitary protection zone of industrial enterprises), the applicant or his authorized representative provides the approvals required for withdrawal of the parcel of land independently.

In addition the applicant represents the agreement signed with each of owners of the real estate on compensation conditions of losses to the owner.";

6) in Article 150:

state Item 2 in the following edition:

"2. Land management works are performed by citizens and legal entities.";

in the subitem 3) of item 4 of the word" (the cities of republican value, the capital), areas (the cities of regional value)" shall be replaced with words ", the cities of republican value, the capital, areas, the cities of regional value within seven working days";

Item 6 of Article 158 to add 7) with part two of the following content:

"The term of provision of such information shall not exceed three working days from the date of filing of application.".

3. In the Ecological code of the Republic of Kazakhstan of January 9, 2007 (The sheet of Parliament of the Republic of Kazakhstan, 2007, No. 1, Art. 1; No. 20, Art. 152; 2008, No. 21, Art. 97; No. 23, Art. 114; 2009, No. 11-12, of Art. 55; No. 18, Art. 84; No. 23, Art. 100; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2, 3, 7; No. 5, Art. 43):

Headings of Articles 44 and 208 to exclude 1) in table of contents;

2) in Article 17:

the thirteenth the subitem 29) to exclude the paragraph;

30) to add the subitem with the paragraph the fifth the following content:

"requirements to the reporting under results of production environmental control;";

6) of Article 20 of the word "having licenses on" to replace 3) in the subitem with the word of "performing";

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