LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 24, 2011 No. 399-IV ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning carrying out obligatory technical inspection of motorized vehicles and trail cars to them

List of amending documents

See the list of regulatory legal acts which acceptance is necessary for the purpose of implementation of this Law

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. 1314, 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. 1516, 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; The law of the Republic of Kazakhstan of November 15, 2010 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning state regulation of production and turnover of biological fuel", published in the newspapers "Egemen, Aza, Camp" on November 24, 2010 and "The Kazakhstan truth" on November 23, 2010; The Law of the Republic of Kazakhstan of November 23, 2010 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning ensuring protection of the rights of the child", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on November 27, 2010):

Part the fifth Article 52 to state 1) in the following edition:

"5. The exception of the register is performed by authorized body in the field of customs affairs on the bases and according to the procedure which are established by the customs legislation of the Republic of Kazakhstan, and authorized body in the field of transport and communications on the bases and according to the procedure which are established by the legislation of the Republic of Kazakhstan in the field of traffic safety.";

Paragraph one of part seven of Article 461 after the word "state" to add 2) with the words "or obligatory";

To add 3) with Article 473-1 of the following content:

"Article 473-1. Violation of the law of the Republic of Kazakhstan in the field of implementation of obligatory technical inspection of motorized vehicles and trail cars to them

1. The violation of the law of the Republic of Kazakhstan in the field of implementation of obligatory technical inspection of motorized vehicles and trail cars to them made in type:

issues of the diagnostic card of technical inspection with indication of the parameters which are not corresponding to technical condition of motorized vehicles and trail cars to them, the check of the center of technical inspection established when carrying out;

issues by the center of technical inspection of the certificate on passing of obligatory technical inspection technically to the defective motorized vehicle and trail cars to it;

unreasonable refusal in carrying out obligatory technical inspection;

non-presentations of data in unified information system of obligatory technical inspection of motorized vehicles and trail cars to them;

non-notification or untimely notification on change of the location of the center of technical inspection;

not informing the population on graphics of carrying out obligatory technical inspection in the region of activities;

violations of the schedule of carrying out obligatory technical inspection,

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

2. Combination of rendering services in carrying out obligatory technical inspection and to repair, maintenance of motorized vehicles and trail cars to them

attracts penalty on the individual entrepreneurs and legal entities who are subjects of small or medium business in the amount of forty, on the legal entities who are subjects of big business - in the amount of fifty monthly settlement indicators, with exception of the register of the centers of technical inspection.

3. Rendering services by physical persons, individual entrepreneurs and legal entities in repair and maintenance of motorized vehicles and trail cars to them in the territory of the center of technical inspection

attracts penalty on physical persons in the amount of fifteen, on the individual entrepreneurs and legal entities who are subjects of small or medium business - in the amount of forty, on the legal entities who are subjects of big business - in the amount of fifty monthly settlement indicators.

4. Provision of obviously unreliable information in case of inclusion in the register of the centers of technical inspection

attracts penalty on the individual entrepreneurs and legal entities who are subjects of small or medium business in the amount of forty, on the legal entities who are subjects of big business - in the amount of fifty monthly settlement indicators, with exception of the register of the centers of technical inspection.

5. The acts provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,

attract penalty on the individual entrepreneurs and legal entities who are subjects of small or medium business in the amount of forty, on the legal entities who are subjects of big business - in the amount of fifty monthly settlement indicators, with exception of the register of the centers of technical inspection.";

4) in Article 548:

to add part one after figures "467-1," with figures "473-1,";

third parts two after figures "467-1," to add the paragraph with figures "473-1,";

Article 630 part three paragraph two after the words "not passed state" to add 5) with the words "or obligatory".

2. 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):

37) of Item 1 of Article 49 to state the subitem in the following edition:

"37) the state fee for issue of international certificates of technical inspection.".

3. 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; The Law of the Republic of Kazakhstan of November 23, 2010 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning ensuring protection of the rights of the child", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on November 27, 2010; The law of the Republic of Kazakhstan of November 26, 2010 "About modification and amendments in some legal acts of the Republic of Kazakhstan on the tax matters", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on December 4, 2010):

Shall be replaced with words 1) in part three of Item 3 of Article 369 of the word "or state" ", state or obligatory";

2) in the subitem 14) Item 1 of Article 534:

words of "certificates on passing of technical inspection of motorized vehicles and trail cars" to exclude;

add with words ", the international certificate of technical inspection";

3) in the subitem 9) Article 540:

the fourth to exclude the paragraph;

add with the paragraph the eighth the following content:

"the international certificate of technical inspection - 50 percent;";

4) in the subitem 7) Item 2 of Article 547:

words of "certificates on passing of the state technical inspection of motorized vehicles and trail cars" to exclude;

add with words ", the international certificate of technical inspection".

4. In the Law of the Republic of Kazakhstan of December 21, 1995 "About law-enforcement bodies of the Republic of Kazakhstan" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1995, No. 23, Art. 154; Sheets of Parliament of the Republic of Kazakhstan, 1997, No. 7, Art. 79; No. 12, Art. 184; 1998, No. 17-18, of Art. 225; No. 23, Art. 416; No. 24, Art. 436; 1999, No. 8, Art. 233, 247; No. 23, Art. 920; 2000, No. 3-4, of Art. 66; 2001, No. 13-14, of Art. 174; No. 17-18, of Art. 245; No. 20, Art. 257; No. 23, Art. 309; 2002, No. 17, Art. 155; 2003, No. 12, Art. 82; 2004, No. 23, Art. 142; No. 24, Art. 154, 155; 2006, No. 1, Art. 5; No. 3, Art. 22; 2007, No. 2, Art. 18; No. 3, Art. 20; No. 9, Art. 67; No. 10, Art. 69; 2008, No. 15-16, of Art. 61; 2009, No. 8, Art. 44; No. 18, Art. 84; No. 19, Art. 88; 2010, No. 5, Art. 23; No. 7, Art. 28, 32; No. 8, Art. 41):

1) in Article 5-1:

in the subitem 28) of Item 1 of the word of "carrying out their state technical inspection" to exclude;

in the subitem 19) of Item 2 of the word "behind carrying out the state technical inspection of separate types of vehicles" shall be replaced with words "behind passing of the state or obligatory technical inspection by owners of vehicles";

2) in the subitem 18) Item 1 of Article 10:

after words of "traffic safety" to add with words ", and behind timely passing of obligatory technical inspection by owners of motorized vehicles and trail cars to them";

exclude the words "perform their state technical inspection".

5. In the Law of the Republic of Kazakhstan of July 15, 1996 "About traffic safety" (Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 14, Art. 273; 2001, No. 24, Art. 338; 2003, No. 10, Art. 54; No. 12, Art. 82; 2004, No. 23, Art. 142; 2005, No. 7-8, of Art. 23; 2006, No. 1, Art. 5; No. 24, Art. 148; 2007, No. 2, Art. 18; 2008, No. 13-14, of Art. 54; No. 23, Art. 114; 2009, No. 23, Art. 100):

Article 1 to state 1) in the following edition:

"Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the highway - the road having the carriageways separated from each other by dividing strip for each direction of movement, and in case of its absence - road barrier, without crossings in one level with other roads, railway or tram tracks, walking or bicycle paths;

2) the road - the highways public, the economic highway, the street of the settlement which are subject to the state accounting and representing complex of the engineering constructions intended for movement of vehicles. The road includes one or several carriageways, and also tram ways, sidewalks, roadsides and dividing strips in case of their availability;

3) traffic - set of the public relations arising when moving people and loads on roads with use of vehicles or without them (pedestrians) and also in the course of regulation of conditions of this movement;

4) traffic safety - the traffic condition reflecting degree of security of his participants and the state from road and transport incidents and their effects;

5) traffic safety - the activities directed to prevention of emergence of the road accidents, decrease in weight of their effects;

6) the participant of traffic - person which is directly involved in the course of movement as the driver, the pedestrian, the passenger of the vehicle, the driver of animals;

7) technical means of regulation of traffic - route signs, road marking, traffic lights (including the equipment determining the program of their work), control devices on railway crossings, and also road barriers and the directing devices;

8) the organization of traffic - complex of organizational and technical actions and administrative actions for traffic control on roads;

9) the road accident - the event which arose in the course of movement on the road of the vehicle and with its participation with which people died or are wounded vehicles, constructions, loads are damaged, or other material damage is caused;

10) authorized body in the field of transport and the kommunikatsiytsentralny executive body performing management in the field of road transport and also in limits, stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination;

11) the vehicle - the device intended for transportation across roads of people, loads or the equipment installed on it;

12) the region of activities - the territory determined by authorized body in the field of transport and communications by the principle of distribution of the registered motorized vehicles and trail cars to them;

13) the state technical inspection - periodic process of diagnosing of technical condition of tractors and the self-propelled chassis and mechanisms, trail cars manufactured on their base to them, including trail cars with the mounted special equipment, self-propelled agricultural, meliorative and roadway construction equipments and mechanisms, and also special machines of the increased passability on compliance to the requirements established by the legislation of the Republic of Kazakhstan;

14) unified information system of obligatory technical inspection of motorized vehicles and trail cars to them - the electronic database containing the information about owners of motorized vehicles and trail cars to them, motorized vehicles and trail cars to them, results of carrying out obligatory technical inspection the granted certificates on passing of obligatory technical inspection and international certificates of technical inspection;

15) the motorized vehicle - the vehicle, except the moped, set in motion by the engine. The concept extends also to tractors and self-propelled machines;

16) obligatory technical inspection - periodic process of diagnosing by the center of technical inspection of technical condition of motorized vehicles and trail cars to them on compliance to the requirements established by the legislation of the Republic of Kazakhstan;

17) the certificate on passing obligatory technical the osmotradokument which is the form of the strict reporting and confirming the fact of passing of obligatory technical inspection by results of which it is determined that technical condition of motorized vehicles and trail cars to them conforms to the requirements established by the legislation of the Republic of Kazakhstan;

18) the diagnostic card of technical inspection - the document containing the information about the owner and the motorized vehicle and trail cars to it with the list of parameters of technical condition of the motorized vehicle and trail cars to it and results of obligatory technical inspection;

19) the stationary line of technical inspection - the complex of constructions equipped with means of technical diagnosing of vehicles for carrying out obligatory technical inspection;

20) the mobile line of technical inspection - the portable complex consisting of the special vehicle equipped with means of technical diagnosing of vehicles for carrying out obligatory technical inspection;

21) the center of technical inspection - the individual entrepreneur or the legal entity having the stationary and mobile line of technical inspection for carrying out obligatory technical inspection of motorized vehicles and trail cars to them and included in the register of the centers of technical inspection;

22) the register of the centers of technical inspection - the single list of the centers of technical inspection which maintaining is performed by authorized body in the field of transport and communications;

23) trail car - the vehicle which is not equipped with the engine and intended for movement in structure with the motorized vehicle. The concept extends also to semitrailer trucks and pole trailers;

24) the international certificate of technical inspection - the document which is the form of the strict reporting, and confirming the fact of passing of obligatory technical inspection by the motorized vehicle and the trail cars to it the mass of more 3,5 of ton used in the international automobile communication and compliance to the requirements established by the international treaties ratified by the Republic of Kazakhstan.";

Article 6 to add 2) with paragraphs the ninth - the eleventh the following content:

"approval of rules of the organization and carrying out obligatory technical inspection of motorized vehicles and trail cars to them;

approval of frequency of passing of obligatory technical inspection of motorized vehicles and trail cars to them;

approval of form of the diagnostic card of technical inspection.";

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

"Article 7-1. Competence of authorized body in transport and communications

Enter competence of authorized body in transport and communications:

1) management of road activities on highways of the international and republican value;

2) ensuring performance of works on construction, reconstruction, repair, implementation and content of technical means of regulation of traffic on highways of the international and republican value;

3) implementation of the state control of observance of procedure for carrying out obligatory technical inspection of motorized vehicles and trail cars to them the centers of technical inspection;

4) development and approval of form of the form of the certificate on passing of obligatory technical inspection;

5) maintaining register of the centers of technical inspection;

6) issue of international certificates of technical inspection;

7) the issue of forms of certificates on the passing of obligatory technical inspection of motorized vehicles and trail cars to them to the centers of technical inspection performed after submission of the documents confirming payment of the payment for services of realization of blanks products arriving in budget receipt according to the procedure, established by the legislation of the Republic of Kazakhstan;

8) development and approval of form of the departmental reporting, checking sheets, criteria for evaluation of risk degree, annual plans of checks according to the Law of the Republic of Kazakhstan "About the state control and supervision in the Republic of Kazakhstan";

9) approval of the schedule of carrying out obligatory technical inspection of motorized vehicles and trail cars to them within the region of activities;

10) implementation of other powers provided by this Law, 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 part three of Item 3 of Article 18 of the word"," to exclude certificates on passing of the state technical inspection of the motorized vehicle or trail car;

To add 5) with Article 18-1 of the following content:

"Article 18-1. Register of the centers of technical inspection

1. The authorized body in the field of transport and communications keeps the register of the centers of technical inspection, performs its publication in periodic printing editions in the Kazakh and Russian languages and places on the Internet resource.

The procedure for maintaining the register is determined by the Government of the Republic of Kazakhstan.

The center of technical inspection performs activities for carrying out obligatory technical inspection of motorized vehicles and trail cars to them from the date of inclusion by authorized body in the field of transport and communications in the register of the centers of technical inspection.

2. For the purpose of inclusion in the register of the centers of technical inspection in authorized body in the field of transport and communications the following documents are provided:

1) statement;

2) the copy of the certificate on state registration as the legal entity - for the legal entity;

3) the copy of the identity document, and the registration certificate as the individual entrepreneur - for the individual entrepreneur;

4) notarially attested copies of the documents confirming the property right or ownerships and uses to real estate of the center of technical inspection with the put-down stamp about the made registration of the rights to real estate according to the legislation of the Republic of Kazakhstan;

5) the conclusion of authorized body in the field of environmental protection;

6) copies of certificates of certification of the test equipment and checking of measuring instruments;

7) information on test oborudovaniye and measuring instruments on the form established by the legislation of the Republic of Kazakhstan.

3. The application with the documents attached to it is considered by authorized body in the field of transport and communications within fifteen working days from the date of its giving following the results of which to the applicant the written notice of inclusion in the register or motivated refusal goes.

For the purpose of check of reliability of the data provided by the applicant the authorized body in the field of transport and communications has the right to request from physical persons and legal entities, and also the relevant state bodies have documents confirming the declared data. Specified persons shall within five working days from the date of receipt of request submit required documents.

4. The bases for refusal of inclusion in the register of the centers of technical inspection are:

1) non-presentation of the documents required according to Item 2 of this Article;

2) unauthenticity of the specified data in the submitted documents;

3) exception of the register of the centers of technical inspection within six months before date of filing of application on the bases specified in subitems 3), 4) and

5) Item 5 of this Article.

5. The bases for exception of the register of the centers of technical inspection are:

1) statement of the individual entrepreneur or legal entity for voluntary exception of the register of the centers of technical inspection;

2) the termination of activities of the individual entrepreneur or liquidation of the legal entity according to the legislation of the Republic of Kazakhstan;

3) provision of obviously unreliable information in case of inclusion in the register of the centers of technical inspection;

4) combination of rendering services in carrying out obligatory technical inspection and to repair, maintenance of motorized vehicles and trail cars to them;

5) making of administrative offense, repeated within year, in the field of implementation of obligatory technical inspection of motorized vehicles and trail cars to them.

The notification on exception of the register of the center of technical inspection goes to the individual entrepreneur or the legal entity within three working days after adoption of the relevant decision by authorized body in the field of transport and communications.";

Article 19 to state 6) in the following edition:

"Article 19. Obligatory technical inspection of motorized vehicles and trail cars to them

1. The motorized vehicles and trail cars which are in operation in the territory of the Republic of Kazakhstan and registered in the central executive body on traffic safety to them are subject to obligatory technical inspection.

Obligatory technical inspection includes check of condition of motorized vehicles and trail cars to them on compliance to the requirements established by the legislation of the Republic of Kazakhstan.

2. Obligatory technical inspection is performed by the centers of technical inspection included by authorized body in the field of transport and communications in the register of the centers of technical inspection irrespective of place of registration of the vehicle and the residence of the vehicle owner.

The centers of technical inspection render services based on the public agreement.

3. Combination of rendering services in carrying out obligatory technical inspection and to repair, maintenance of motorized vehicles and trail cars is not allowed to them.

Rendering services in repair and maintenance of motorized vehicles and trail cars in the territory of the center of technical inspection is not allowed to them.

4. Center of technical inspection:

1) is performed by carrying out obligatory technical inspection with use of stationary and mobile lines of technical inspection;

2) is provided by carrying out obligatory technical inspection within the region of activities determined by authorized body in the field of transport and communications;

3) is informed by the population on graphics of carrying out obligatory technical inspection in the region of activities.

The procedure for determination of the region of activities is established by authorized body in the field of transport and communications.

5. Carrying out obligatory technical inspection includes two stages: preparatory and the main.

During preparatory stage of carrying out obligatory technical inspection identification and check of results of vehicle identification on compliance to data of registration and other documents are carried out.

During the main stage of carrying out obligatory technical inspection works (check) on determination of compliance of technical condition of the vehicle to the safety requirements established by the legislation of the Republic of Kazakhstan on technical regulation are performed.

6. For passing of obligatory technical inspection the owner of the motorized vehicle and trail cars to it shows to the center of technical inspection the following documents:

1) certificate on state registration of the vehicle;

2) confirming payment by physical persons of tax on vehicles for the current calendar year according to the procedure, established by the Tax code of the Republic of Kazakhstan, or confirming the right to release from its payment;

3) agreement on compulsory insurance of civil responsibility of owners of vehicles.

The center of technical inspection provides entering of the submitted documents into unified information system of obligatory technical inspection of motorized vehicles and trail cars to them.

7. By results of carrying out obligatory technical inspection of the motorized vehicle and trail cars to it the diagnostic card of technical inspection based on which the certificate on passing of obligatory technical inspection with indication of the term of its action is granted is constituted.

8. If by results of carrying out obligatory technical inspection defects and conditions under which operation of motorized vehicles and trail cars to them is forbidden are revealed, obligatory technical inspection is recognized not passed.

In this case to him the diagnostic card of the motorized vehicle and trail cars to him with indication of defects is issued to the owner of the motorized vehicle and trail cars.

9. After elimination of the revealed defects and conditions under which operation of the motorized vehicle and trail cars to it is forbidden the owner of the motorized vehicle and trail cars to it represents it for repeated carrying out obligatory technical inspection.

Repeated technical inspection of the motorized vehicle and trail cars to it is carried out in the center of technical inspection where the first obligatory technical inspection or in other center of technical inspection was performed.

In case of repeated technical inspection of the motorized vehicle and trail cars to it in the center of technical inspection where the first obligatory technical inspection was performed, technical inspection is made only on those line items which did not answer the established criteria and were specified in the diagnostic card. In this case payment is levied only for check of those line items which are checked again.

The maximum term of presentation of the motorized vehicle and trail cars to it on repeated obligatory technical inspection after detection of defects when carrying out obligatory technical inspection constitutes ten calendar days.

10. The owner of the motorized vehicle and trail cars to him independently determines the place of accomplishment and the contractor by elimination of the revealed defects and conditions under which operation of the motorized vehicle and trail cars to it is forbidden.";

To add 7) with Articles 19-1, 19-2, 19-3 and 19-4 of the following content:

"Article 19-1. Issue of the international certificate of technical inspection

1. For receipt of the international certificate of technical inspection the owner of the motorized vehicle and trail cars to it addresses to authorized body in the field of transport and communications with the statement and appendix of the following documents:

1) receipts on payment of the state fee for issue of the international certificate of technical inspection;

2) confirming payment by physical persons of tax on vehicles for the current calendar year according to the procedure, established by the Tax code of the Republic of Kazakhstan, or confirming the right to release from its payment.

When passing the state technical inspection the copy of the certificate on passing of the state technical inspection of vehicles is also enclosed to the application.

2. The authorized body in the field of transport and communications within two working days from the date of filing of application with the enclosed documents issues to the owner of the motorized vehicle and trail cars to it the international certificate of technical inspection.

3. In case of lack of the documents listed in Item 1 of this Article, the authorized body in the field of transport and communications within one working day from the date of filing of application directs to the owner of the motorized vehicle and trail cars to it written motivated refusal in issue of the international certificate of technical inspection with indication of cause of failure.

4. The international certificate of technical inspection is issued according to the international treaties ratified by the Republic of Kazakhstan.

Article 19-2. State control of observance of procedure for carrying out obligatory technical inspection

1. The state control of observance of procedure for carrying out obligatory technical inspection of motorized vehicles and trail cars to them the centers of technical inspection is performed in the form of check.

2. Check is performed according to the Law of the Republic of Kazakhstan "About the state control and supervision in the Republic of Kazakhstan".

Article 19-3. Rights and obligations of the centers of technical inspection

1. The centers of technical inspection have the right in case of discrepancy of motorized vehicles and trail cars to them to the established requirements to refuse issue of the certificate on passing of obligatory technical inspection.

2. The centers of technical inspection shall:

1) to provide compliance of condition of the applied production room, the equipment, material resources and conditions of their operation to the established technical requirements, and also metrological regulations and rules;

To allow 2) to carrying out obligatory technical inspection of workers whose qualification conforms to the qualification requirements established by the legislation of the Republic of Kazakhstan;

To observe 3) in the course of performance of works when carrying out obligatory technical inspection of the requirement, established by the legislation of the Republic of Kazakhstan;

4) at the request of owners of vehicles to report other data relating to the works performed when carrying out obligatory technical inspection of motorized vehicles and trail cars to them;

5) to perform accounting of expenditure of forms of certificates of obligatory technical inspection of motorized vehicles and trail cars to them;

6) to perform accounting of data on technical condition of the inspected motorized vehicles and trail cars to them in electronic form;

7) to inform law-enforcement bodies on the facts of replacement of the number aggregates (the engine, the chassis, body) which are not corresponding to data of the certificate on state registration of the vehicle, representation to technical inspection of vehicles without the state registration plates or with the signs which are not corresponding specified in the certificate on state registration of the vehicle;

8) to represent data to unified information system of obligatory technical inspection of motorized vehicles and trail cars to them by results of carrying out obligatory technical inspection;

9) within five calendar days to notify authorized body in the field of transport and communications on change of the location of the center of technical inspection;

10) to constitute the schedule of carrying out obligatory technical inspection within the region of activities with the consent of authorized body in the field of transport and communications;

11) to observe other requirements established by the legislation of the Republic of Kazakhstan.

3. It is forbidden to the centers of technical inspection:

1) to perform obligatory technical inspection of vehicles with the number aggregates (the engine, the chassis, body) replaced without approval of the central executive body in the field of traffic which are not corresponding to data of the certificate on state registration of the vehicle, to represent to technical inspection vehicles without the state registration plates or with the signs which are not corresponding specified in the certificate on state registration of the vehicle;

2) to refuse to the owner of the motorized vehicle and trail cars to him passing of obligatory technical inspection or issue of the certificate on passing of obligatory technical inspection without creation of the diagnostic card of technical inspection;

3) to change conditions of passing of obligatory technical inspection in connection with violation of term of carrying out obligatory technical inspection;

4) to demand from the owner of the motorized vehicle and trail cars to him in connection with carrying out obligatory technical inspection extra fee.

Article 19-4. State registration, re-registration and the state technical inspection of some types of vehicles and trail cars to them

State registration, re-registration and the state technical inspection of tractors and the self-propelled chassis and mechanisms, trail cars manufactured on their base to them, including trail cars with the mounted special equipment, self-propelled farm, meliorative and road-building vehicles and mechanisms, and also special machines of the increased passability are performed according to the legislation of the Republic of Kazakhstan in the field of state regulation of development of agro-industrial complex and the rural territories.";

8) the fifth Item 1 of Article 21 to state the paragraph in the following edition:

"lack of registration documents and document on passing of the state or obligatory technical inspection;";

"The state body providing development, safety, repair and content of highways" shall be replaced with words 9) in Item 1 of Article 22 of the word "body in the field of transport and communications".

6. In the Law of the Republic of Kazakhstan of July 1, 2003 "About compulsory insurance of civil responsibility of owners of vehicles" (Sheets of Parliament of the Republic of Kazakhstan, 2003, No. 14, Art. 104; 2006, No. 3, Art. 22; No. 4, Art. 25; 2007, No. 8, Art. 52; 2008, No. 6-7, of Art. 27; 2009, No. 17, Art. 81; No. 24, Art. 134; 2010, No. 1-2, of Art. 1; No. 15, Art. 71; No. 17-18, of the Art. 112):

1) in Item 2 of Article 6 of the word", carrying out their state technical inspection" to exclude;

The word "state" to replace 2) in Item 10 of Article 10 with the word of "obligatory". Article 2. Explanation under this Article - see the reply of the Ministry of Transport and Communications of RK of March 1, 2011

1. This Law becomes effective after ten calendar days after its first official publication, except for subitem paragraph two 2), subitem paragraph two 3), subitem paragraph two 4) of Item 3, of subitem paragraph two 1), the paragraph of the third subitem 2) of Item 4, of the paragraph of the sixteenth subitem 1), the subitem 4) of Item 5, of Item 6 of Article 1, which become effective since January 1, 2012.

2. Suspend till January 1, 2012 paragraphs two and third Item 2 of article 1 of this Law, having determined that during suspension these paragraphs are effective in the following edition:

"37) of Item 1 of Article 49 to state the subitem in the following edition:

"37) the state fee for issue of certificates on passing of technical inspection of motorized vehicles and trail cars and international certificates of technical inspection. "". Changes according to the Law of the Republic of Kazakhstan of 05.07.11 No. 452-IV (are enacted after three months after its first official publication) are made to Item 3 (see it is old. edition)

3. Suspend till January 1, 2012 paragraphs two and the third subitem 6) of Item 5 of article 1 of this Law, having determined that during suspension these paragraphs are effective in the following edition:

"Article 19. The state and obligatory technical inspection of motorized vehicles and trail cars to them

1. The motorized vehicles and trail cars which are in operation in the territory of the Republic of Kazakhstan and registered in the central executive body on traffic safety to them are subject to the state or obligatory technical inspection.

The procedure and terms of carrying out the state technical inspection affirm the Government of the Republic of Kazakhstan.

The state technical inspection of motorized vehicles and trail cars to them is made after:

submissions of the documents confirming payment of the state fee for issue of the certificate on passing of technical inspection of motorized vehicles and trail cars to them;

submissions of the documents confirming payment by physical persons of tax on vehicles for the current calendar year according to the procedure, established by the Tax code of the Republic of Kazakhstan, or the documents confirming the right to release from its payment.".

4. The paragraph of the sixth of the subitem 7) of Item 5 of article 1 of this Law is effective till January 1, 2012.

 

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