LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 5, 2011 No. 452-IV ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning review of competence of authorized state bodies and the Government of the Republic of Kazakhstan on acceptance of the regulatory legal acts establishing requirements to the checked subjects

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. 21-22, of the 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):

The subitem 4) article 153 parts one after words "the laws of the Republic of Kazakhstan" to add 1) with words ", presidential decrees of the Republic of Kazakhstan";

2) in the subitem 1) Article 636 parts one:

in the paragraph the fifty fifth:

exclude figures "163-6,";

replace figures "346 - 352" with figures "346, 347, 348, 350, 351, 352";

add with the paragraph the sixtieth the following content:

"local executive bodies of areas, city of republican value, capital, areas, cities of regional value (Article 163-6, 349);".

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. 13-14, of 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):

Item 1 of Article 15 to add 1) with the subitem 7) of the following content:

"7) implementation according to the legislation of the Republic of Kazakhstan of other powers on providing the rights and legitimate interests of citizens.";

2) in Article 16:

add Item 1 with the subitem 12) of the following content:

"12) implementation for the benefit of local public administration of other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.";

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

"6) implementation for the benefit of local public administration of other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.";

Article 17 to add 3) with the subitem 10) of the following content:

"10) implementation for the benefit of local public administration of other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.";

Article 18 to add 4) with the subitem 10) of the following content:

"10) implementation for the benefit of local public administration of other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.".

3. In the Forest code of the Republic of Kazakhstan of July 8, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 16, Art. 140; 2004, No. 23, Art. 142; 2006, No. 3, Art. 22; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 3, Art. 20; 2008, No. 23, Art. 114; 2009, No. 18, Art. 84; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2, 3):

Subitem 57-1) of article 4 after words of "the laws of the Republic of Kazakhstan" to add 1) with words ", presidential decrees of the Republic of Kazakhstan";

The word "other" to replace 2) in Item 2 of Article 5 with the word "tax";

"The land and civil legislation" shall be replaced with words 3) in Item 6 of Article 8 of the word "Land and Civil codes";

Article 11 to state 4) in the following edition:

"Article 11. Official and system of state bodies,

exercising public administration in the area

protection, protection, use of forest fund,

reproduction of the woods and afforestation

The official and system of the state bodies exercising public administration in the field of protection, protection, uses of forest fund, reproduction of the woods and afforestation the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, authorized body and its territorial authorities, and also local executive bodies of areas, the cities of republican value, the capital within their competence determined by the Constitution, this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan treat.";

5) Article 12 to add with subitems 16), 17) and 18) of the following content:

"16) approves rules of procurement of gallipot, wood juice, minor wood resources, collateral use of the wood in the territory of the state forest fund;

17) determines requirements to the plans of fire-proof actions developed by forest users in case of long-term forest utilization;

18) performs other functions assigned to it by the Constitution, the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.";

6) in Item 1 of Article 13:

6) to state the subitem in the following edition:

"6) approves settlement cutting areas and age of the cabin;";

9) to exclude the subitem;

add with the subitem 19) of the following content:

"19) performs other powers provided by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.";

Article 14 to add 7) with the subitem 4) of the following content:

"4) is performed according to the legislation of the Republic of Kazakhstan by other powers on providing the rights and legitimate interests of citizens.";

To add Article 15 with the subitem 16) of the following content:

"16) is performed for the benefit of local public administration by other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.";

26, Item 9 of Article 36, the subitem 3) Articles 41, Item 3 of Article 67, Item 3 of Article 73, Item 2 of Article 79, Item 5 of Article 80, Item 3 of Article 96, to Article 98, item 4 of Article 99 of the word "authorized body" shall be replaced with words 9) in subitem 6-1) of Article "the Government of the Republic of Kazakhstan";

10) in Article 38:

4) after the word "established" to add the subitem with the word "ecological";

in the subitem 7) "developed by authorized body and approved by the central executive body of the Republic of Kazakhstan on fire safety" shall be replaced with words words "approved by the Government of the Republic of Kazakhstan";

15) after the word "established" to add the subitem with the word "tax";

in the subitem 20) "legislation" to replace the word with the word "Government";

Item 2 of Article 63 to state 11) in the following edition:

"2. Actions for forest conservation from the fires are regulated by the fire safety regulations in the woods approved by the Government of the Republic of Kazakhstan.";

"The procedure established by it" shall be replaced with words 12) in Item 3 of Article 77 of the word "according to the procedure, established by the Government of the Republic of Kazakhstan";

19) of Item 1 of Article 113 of the word "established by the legislation" shall be replaced with words 13) in the subitem "approved by the Government";

Heading of Article 11 to state 14) in table of contents in the following edition:

"Article 11. Officials and system of the state bodies exercising public administration in the field of protection, protection, uses of forest fund, reproduction of the woods and afforestation".

4. In the Water code of the Republic of Kazakhstan of July 9, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 17, Art. 141; 2004, No. 23, Art. 142; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 15, Art. 95; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 19, Art. 147; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 23, Art. 114; No. 24, Art. 129; 2009, No. 2-3, of Art. 15; No. 15-16, of Art. 76; No. 18, Art. 84; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2, 7; No. 5, Art. 43; No. 6, Art. 50):

1) in Item 1 of Article 33:

after the word "perform" to add with the words "President of the Republic of Kazakhstan";

"legislation" shall be replaced with words the word "The constitution, this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government";

2) Article 36 to add with subitems 16), 17), 18), 19), 20) and 21) of the following content:

"16) approves criteria of safety of water management systems and constructions;

17) approves rules of technical operation of water supply systems and water disposal of settlements;

18) approves standard rules of general water use;

19) approves service regulations of the water management constructions located directly on water objects;

20) approves rules of primary accounting of waters;

21) performs other functions assigned to it by the Constitution, the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.";

3) in Item 1 of Article 37:

in subitems 3-1), the word "approves" 5) and 25) to replace with the word "develops";

exclude subitem 3-4);

13) to state the subitem in the following edition:

"13) is approved by the mode of use of water objects and sources of drinking water supply;";

add with subitems 13-1) and 29) of the following content:

"13-1) develops service regulations of the water management constructions located directly on water objects;";

"29) performs other powers provided by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.";

4) in Article 38:

in the subitem 1) words", approved by authorized body" to exclude;

add with the subitem 6) of the following content:

"6) is performed according to the legislation of the Republic of Kazakhstan by other powers on providing the rights and legitimate interests of citizens.";

Article 39 to add 5) with the subitem 12) of the following content:

"12) is performed for the benefit of local public administration by other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.";

Item 1 of Article 53 to state 6) in the following edition:

"1. Production supervision in the field of use and protection of water fund is performed based on rules of primary accounting of waters.".

5. 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):

1) in Item 1 of Article 1:

add with subitem 37-1) of the following content:

"37-1) production wastes and consumption (waste) - remaining balance of raw materials, materials, other products and products which were formed in production process or consumption, and also the goods (products) which lost the consumer properties;";

38) to exclude the subitem;

39) after words of "the laws of the Republic of Kazakhstan" to add the subitem with words ", presidential decrees of the Republic of Kazakhstan";

Article 16 to add 2) with the subitem 12) of the following content:

"12) performs other functions assigned to it by the Constitution, the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.";

3) in Article 17:

37) to exclude the subitem;

add with the subitem 39) of the following content:

"39) performs other powers provided by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.";

Article 19 to add 4) with the subitem 7) of the following content:

"7) is performed according to the legislation of the Republic of Kazakhstan by other powers on providing the rights and legitimate interests of citizens.";

Article 20 to add 5) with the subitem 17) of the following content:

"17) is performed for the benefit of local public administration by other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.".

6. In the Labor code of the Republic of Kazakhstan of May 15, 2007 (The sheet of Parliament of the Republic of Kazakhstan, 2007, No. 9, Art. 65; No. 19, Art. 147; No. 20, Art. 152; No. 24, Art. 178; 2008, No. 21, Art. 97; No. 23, Art. 114; 2009, No. 8, Art. 44; No. 9-10, of Art. 50; No. 17, Art. 82; No. 18, Art. 84; No. 24, Art. 122, 134; 2010, No. 5, Art. 23; No. 10, Art. 48; No. 24, Art. 146, 148; 2011, No. 1, Art. 2, 3):

1) Article 15 to add with subitems 18), 19), 20), 21), 22), 23), 24), 25) and 26) of the following content:

"18) approves form, procedure for maintaining and storage of service records;

19) determines general requirements to safety and labor protection for all fields of activity;

20) is approved by procedure and regulations of issue to workers of milk, treatment-and-prophylactic food, special clothes, special footwear and other individual protection equipment, and also establishes procedure for ensuring collective protection with their means, sanitary and household rooms and devices at the expense of means of the employer;

21) is approved by the activity list on which application of work of the workers who did not reach eighteen-year age, limit rates of transferring and movement of weights by the workers who did not reach eighteen-year age is forbidden;

22) is approved by the activity list on which application of work of women, limit rates of lifting and moving manually weights by women is forbidden;

23) is approved by standard regulations on security service and labor protections in the organization;

24) is determined by procedure for obligatory periodic certification of production facilities under the terms of work;

25) is determined by procedure and terms of carrying out training, instructing and examinations by safety issues and labor protections of workers;

26) performs other functions assigned to it by the Constitution, the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.";

2) in Article 16:

subitems 2) to exclude 6), 19), 20), 23) and 24);

in the subitem 15) to exclude the words "also claims", "establishes";

add with the subitem 26) of the following content:

"26) performs other powers provided by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.";

3) in the subitem 5) Article 17 of the word", according to the rules approved by authorized state body on work" to exclude;

Article 18 to add 4) with the subitem 8) of the following content:

"8) is performed for the benefit of local public administration by other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.";

Item 2 of Article 35 to exclude 5);

"The procedure established by the legislation of the Republic of Kazakhstan" shall be replaced with words 6) in Item 2 of Article 159 of the word "the procedure approved by the Government of the Republic of Kazakhstan";

Items 3 of Articles 179 and 186 to exclude 7);

8) in Article 205 of the word "authorized state body on work" shall be replaced with words "the Government of the Republic of Kazakhstan";

Item 2 of Article 313 to exclude 9);

10) in Item 1 of Article 317:

in the subitem 5) to exclude the words "according to the rules approved by authorized state body on work";

in subitems 6) and 10) "authorized state body on work" shall be replaced with words words "the Government of the Republic of Kazakhstan";

Article 319 to state 11) in the following edition:

"Article 319. Acceptance of regulatory legal acts in the field of safety and labor protection

Regulatory legal acts in the field of safety and labor protection establish the organizational, technical, technological, sanitary and hygienic, biological, physical and other regulations, rules, procedures and criteria directed to preserving life and health of workers in the course of their labor activity.";

To exclude 12) in Item 3 of Article 320 of the word "according to the procedure, established by authorized state body on work";

13) in the subitem 11) Article 330 of the word", provided by the requirements established by authorized state body on work" to exclude;

Item 2 of Article 339 to exclude 14).

7. In the Budget code of the Republic of Kazakhstan of December 4, 2008 (The sheet of Parliament of the Republic of Kazakhstan, 2008, No. 21, Art. 93; 2009, No. 23, Art. 112; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 7, Art. 29, 32; No. 15, Art. 71; No. 24, Art. 146, 149, 150; 2011, No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 7, Art. 54):

Item 4 of Article 116 to state 1) in the following edition:

"4. Procedure for conducting financial accounting in public institutions, procedure for carrying out inventory count in public institutions, album of forms of accounting documentation for public institutions are established by the central authorized body on budget implementation.";

2) in Item 2 of Article 117:

2) to exclude the subitem;

add with subitems 2-1) and 2-2) of the following content;

"2-1) report on results of financial activities;

2-2) report on changes of net assets / capital;";

in the subitem 3) to replace the word "reports" with the word "report".

8. In the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) (Sheets of Parliament of the Republic of Kazakhstan, 2008, No. 22-I, 22-II, Art. 112; 2009, No. 2-3, of the Art. 16, 18; No. 13-14, of Art. 63; No. 15-16, of Art. 74; No. 17, Art. 82; No. 18, Art. 84; No. 23, Art. 100; No. 24, Art. 134; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 7, Art. 28, 29; No. 11, Art. 58; No. 15, Art. 71; No. 17-18, of Art. 112; No. 22, Art. 130, 132; No. 24, Art. 145, 146, 149; 2011, No. 1, Art. 2, 3; No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50):

1) in the subitem 7) Item 1 of Article 14, Item 2, the subitem 5) Item 3 of Article 23, parts two of item 4 of Article 56, Item 2 of Article 63, Item 3 of Article 64, Items 1 and 4 of Article 65, Item 1 of Article 67, Item 2 of Article 68, Item 2 of Article 75, Item parts four 1, the subitem 2) Item 2 and paragraph one of item 4 of Article 77, parts one of item 4 of Article 216, Item 3, parts one of item 4 of Article 218, part one of Item 2 and Item 3 of Article 270, Item 6 of Article 276-13, parts one, the third and fifth Item 3 of Article 276-15, of part five of item 4 of Article 276-18, subitem 2) Item 2, subitem parts two 1) Item 3, parts two of Item 5 and part one of Item 7 of Article 276-20, Item 8 of Article 276-22, of part five of Item 3 of Article 282, Item 5 of Article 292, parts four of Item 1 and part one of Item 2 of Article 431, Item 6 of Article 507, item 4 of Article 511, item 4 of Article 547, subitem parts one 1) and subitem 2) item 4 of Article 554, parts one of Item 2 of Article 569, parts one of Item 1 of Article 570, paragraph one of item 4 of Article 571, parts four of Item 6 of Article 574, item 4 of Article 576, subitem 5) Articles 581, subitem 1) Item 5 of Article 584, Item 9 of Article 646, parts three of Item 5 of Article 650, Item 1-1, subitems 2), 3), 4) and 5) Item 6 of Article 653, Item 1 of Article 655, paragraph one of part two of Item 1 and part two of Item 7 of Article 656 of the word "authorized body" to replace "Authorized body" respectively with words "the Government of the Republic of Kazakhstan", "the Government of the Republic of Kazakhstan";

118, subitems 2) of Items 12 and 13 of Article 119, parts two of Item 1 of Article 397 of the word "authorized state body on budget implementation" shall be replaced with words 2) in Item 9 of Article "the Government of the Republic of Kazakhstan";

"Authorized state body concerning management of the corresponding industry in coordination with authorized body" shall be replaced with words 3) in Item 3 of Article 150 of the word "the Government of the Republic of Kazakhstan";

Article 565 to add 4) with Item 6 of the following content:

"6. In case of loss of the certificate on state registration of the individual entrepreneur (joint individual venture) according to its statement within three working days the duplicate of this document certifying state registration is issued.";

The second parts three of Item 3 of Article 651 of the word "authorized state body in the field of informatization and communication in coordination with authorized body" shall be replaced with words 5) in the offer "the Government of the Republic of Kazakhstan".

9. In the Code of the Republic of Kazakhstan of September 18, 2009 "About health of the people and health care system" (Sheets of Parliament of the Republic of Kazakhstan, 2009, No. 20-21, of Art. 89; 2010, No. 5, Art. 23; No. 7, Art. 32; No. 15, Art. 71; No. 24, Art. 149, 152; 2011, No. 1, Art. 2, 3; No. 2, Art. 21):

1) in subitems 20), of Item 1 of Article 1 of the word "authorized body in the field of health care" shall be replaced with words 21) and 23) "the Government of the Republic of Kazakhstan";

Item 1 of Article 5 to state 2) in the following edition:

"1. State regulation in the field of health care is performed:

1) President of the Republic of Kazakhstan;

2) Government of the Republic of Kazakhstan;

3) authorized body;

4) other central and local executive bodies within the competence established by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.";

3) in Article 6:

the subitem 2) to add with words ", health regulations, hygienic standard rates";

add with subitem 27-2) of the following content:

"27-2) approves procedure for delivery of health care;";

28) to state the subitem in the following edition:

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