LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 3, 2011 No. 505-IV ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan on environmental issues

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

1. In the Criminal Code of Kazakhstan of July 16, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 15-16, of Art. 211; 1998, No. 16, Art. 219; No. 1718, Art. 225; 1999, No. 20, Art. 721; No. 21, Art. 774; 2000, No. 6, Art. 141; 2001, No. 8, Art. 53, 54; 2002, No. 4, Art. 32, 33; No. 10, Art. 106; No. 17, Art. 155; No. 23-24, of Art. 192; 2003, No. 15, Art. 137; No. 18, Art. 142; 2004, No. 5, Art. 22; No. 17, Art. 97; No. 23, Art. 139; 2005, No. 13, Art. 53; No. 14, Art. 58; No. 21-22, of Art. 87; 2006, No. 2, Art. 19; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 12, Art. 72; No. 15, Art. 92; 2007, No. 1, Art. 2; No. 4, Art. 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 17, Art. 140; 2008, No. 12, Art. 48; No. 13-14, of Art. 58; No. 17-18, of Art. 72; No. 23, Art. 114; No. 24, Art. 126; 2009, No. 6-7, of Art. 32; No. 13-14, of Art. 63; No. 15-16, of the Art. 71, 73, 75; No. 17, Art. 82, 83; No. 24, Art. 121, 122, 125, 127, 128, 130; 2010, No. 1-2, of Art. 5; No. 7, Art. 28, 32; No. 11, Art. 59; No. 15, Art. 71; No. 20-21, of Art. 119; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 9; No. 2, Art. 19, 28):

1) paragraph one of part one of article 282 after the word of "air" to add with the words "integrated to causing especially major damage";

The paragraph third parts three of Article 288 to add 2) with the offer third the following content:

"Especially major damage the damage in fifty thousand and more time exceeding the monthly settlement indicator established by the legislation of the Republic of Kazakhstan at the time of crime execution is recognized.";

Paragraph one of part one of article 292 after the word "dangers" to add 3) with words "if this act caused major damage,".

2. 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;.№ 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; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 115, 116; No. 14, Art. 117; The Law of the Republic of Kazakhstan of July 22, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning population shift", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on August 6, 2011; The Law of the Republic of Kazakhstan of July 22, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the housing relations", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on August 6, 2011; The law of the Republic of Kazakhstan of October 11, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning religious activities and religious associations", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on October 15, 2011):

1) in table of contents:

add with the paragraph the three hundred sixty eighth the following content:

"Article 240-2. Failure to carry out of the conditions of environmental management specified in ecological permission";

add with paragraphs the three hundred seventy first and three hundred seventy second the following content:

"Article 243-1. Exceeding of the established amount of quota for emissions of greenhouse gases

Article 243-2. Submission of doubtful data on inventory count of greenhouse gases, verifications and validations (determination) by the independent accredited organizations";

add with the paragraph the four hundred forty first the following content:

"Article 306-3. Representation by the physical persons and legal entities performing works and rendering services in the field of environmental protection, doubtful data";

Shall be replaced with words 2) in part one of Article 69 of the word of "six months" "one year";

3) paragraph one of article 122 after the word "subsoil" to add with the words "if these actions do not contain signs of penal act";

4) Article 240-1 paragraph two after words "to twenty five, on" to add with words of "officials";

To add 5) with Article 240-2 of the following content:

"Article 240-2. Failure to carry out of the conditions of environmental management specified in ecological permission

1. Failure to carry out of the conditions of environmental management specified in ecological permission

attracts penalty on officials, individual entrepreneurs in the amount of twenty to thirty, on the legal entities who are subjects of small or medium business - in the amount of thirty to fifty, on the legal entities who are subjects of big business - in the amount of hundred to two hundred monthly settlement indicators.

2. The actions provided by part one of this Article, committed repeatedly within year after imposing of administrative punishment and (or) integrated to drawing especially major damage to the environment, creation of safety hazard of life and to health of the population,

attract penalty on officials, individual entrepreneurs in the amount of forty to fifty, on the legal entities who are subjects of small or medium business - in the amount of fifty to hundred, on the legal entities who are subjects of big business - in the amount of two hundred to five hundred monthly settlement indicators with suspension of action of ecological permission or without that.

3. Not elimination by physical persons and legal entities of violations on which ecological permission is suspended attracts at the scheduled time deprivation of ecological permission.

Note. If ecological permission is issued to the user of nature on several production facilities, is suspended ecological permission on object on which the user of nature allows failure to carry out of conditions of environmental management.";

6) Article 241 paragraph two after words "to twenty five, on" to add with words of "officials";

To add 7) with Articles 243-1 and 243-2 of the following content:

"Article 243-1. Exceeding of the established amount of quota for emissions of greenhouse gases

Exceeding of the established amount of quota for emissions of greenhouse gases

attracts penalty on legal entities in the amount of ten monthly settlement indicators for each unit of quota over the established amount which is not compensated by units of quotas acquired at other users of nature and (or) the carbon units received as a result of projects implementation according to the legislation of the Republic of Kazakhstan.

Article 243-2. Submission of doubtful data on inventory count of greenhouse gases, verifications and validations (determination) by the independent accredited organizations

Submission of doubtful data on inventory count of greenhouse gases, verifications and validations (determination) by the independent accredited organizations

attracts penalty on officials in the amount of fifty to hundred monthly settlement indicators, on the legal entities who are subjects of small or medium business - in the amount of two hundred to three hundred monthly settlement indicators with suspension of action of the certificate on accreditation, on the legal entities who are subjects of big business - in the amount of four hundred to five hundred monthly settlement indicators with suspension of action of the certificate on accreditation.";

8) in the paragraph the second Article 244:

"to twenty to fifty" shall be replaced with words words "to fifty to seventy";

"hundred to two hundred" shall be replaced with words words "two hundred to two hundred fifty";

The second Article 245 of the word "to fifty to two hundred" shall be replaced with words 9) in the paragraph "to three hundred fifty to five hundred";

10) in Article 246:

in the paragraph the second part one:

after words of "medium business" to add with the words "or non-profit organizations";

"to fifteen to thirty" shall be replaced with words words "to twenty to forty";

in the paragraph the second part two:

after words of "medium business" to add with the words "or non-profit organizations";

"to thirty to sixty" shall be replaced with words words "to sixty to eighty";

11) in the paragraph the second Article 248 part two:

"to twenty to forty" shall be replaced with words words "to fifty to sixty";

to replace the word of "fifty" with the word of "seventy";

The second parts one of Article 250 of the word "to twenty to forty" shall be replaced with words 12) in the paragraph "to thirty to fifty";

To add 13) with Article 306-3 of the following content:

"Article 306-3. Representation by the physical persons and legal entities performing works and rendering services in the field of environmental protection, doubtful data

1. Representation by the physical persons and legal entities performing works and rendering services in the field of environmental protection, doubtful data in case of development of standard rates of issues, actions for environmental protection, programs of production environmental control and reports on them

attracts penalty on officials, individual entrepreneurs in the amount of thirty to fifty, on legal entities - in the amount of hundred to two hundred monthly settlement indicators.

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