LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 9, 2012 No. 533-IV ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning gas and gas supply

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; № 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; 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 paragraphs the two hundred fifteenth and two hundred sixteenth the following content:

"Article 147-11. Violation of requirements of the legislation of the Republic of Kazakhstan on gas and gas supply

Article 147-12. Marginal exceeding of prices of realization of oil products, the commodity and liquefied oil gas on which state regulation of the prices is established";

the three hundred forty ninth to add the paragraph with words ", objects of gas supply systems";

the three hundred fiftieth to state the paragraph in the following edition:

"Article 226. Violation of requirements for use of gas, safety of operation of objects of gas supply systems";

the three hundred fifty first to exclude the paragraph;

To add 2) with Article 147-11 of the following content:

"Article 147-11. Violation of requirements of the legislation of the Republic of Kazakhstan on gas and gas supply

1. Non-presentation by the subject of gas supply systems of data on production, transportation (transportation), storage and realization commodity, liquefied oil and (or) liquefied natural gas, and is equal submission of data with violation of fixed terms

attract penalty on the individual entrepreneurs, legal entities who are subjects of small or medium business in the amount of fifty, on the legal entities who are subjects of big business - in the amount of hundred monthly settlement indicators.

2. Non-compliance with restrictions on operation of objects of the gas supply systems installed by the legislation of the Republic of Kazakhstan on gas and gas supply

attracts penalty on the individual entrepreneurs, legal entities who are subjects of small or average entrepreneurship - in the amount of hundred, on the legal entities who are subjects of big business - in the amount of three hundred monthly settlement indicators.

3. Violation of accounting treatment and (or) realization of the commodity and (or) liquefied oil gas established by the legislation of the Republic of Kazakhstan on gas and gas supply

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

4. Violation by the subsoil user of the privilege of the state to acquisition of sour and (or) commodity gas

attracts penalty on legal entities in the amount of one thousand monthly settlement indicators.

5. Violation by the owner of object of gas supply systems of the priority right of the state to acquisition of objects of single system of supply with commodity gas, share in the right of common property to objects of single system of supply with commodity gas and (or) blocks of shares (shares) of legal persons owners of objects of single system of supply with commodity gas

attracts penalty on legal entities in the amount of one thousand monthly settlement indicators.

6. Non-compliance with supply by subjects of single system with commodity gas of the set technological modes of operation of objects of single system of supply with commodity gas

attracts penalty on the individual entrepreneurs, legal entities who are subjects of small or medium business in the amount of two hundred, on the legal entities who are subjects of big business - in the amount of one thousand five hundred monthly settlement indicators.

7. The action provided by part three of this Article, which entailed income acquisition (revenues)

attracts penalty on individual entrepreneurs and legal entities in the amount of thirty percent from the income (revenue) received as a result of making of administrative offense with suspension of action or deprivation of the certificate on accreditation.

Note. Income (revenue) gained as a result of making of administrative offense is understood as difference between income (revenue) gained by the individual entrepreneur or the legal entity who made administrative offense and the income (revenue) which the individual entrepreneur or the legal entity shall receive in case of compliance with law of the Republic of Kazakhstan.";

To add 3) with Article 147-12 of the following content:

"Article 147-12. Marginal exceeding of prices of realization of oil products, the commodity and liquefied oil gas on which state regulation of the prices is established

1. Excess by retail implementors of marginal oil products of price of the retail sale of oil products established according to the legislation of the Republic of Kazakhstan on state regulation of production and turnover of separate types of oil products

attracts penalty on the individual entrepreneurs, legal entities who are subjects of small or medium business in the amount of two hundred, on the legal entities who are subjects of big business - in the amount of one thousand monthly settlement indicators.

2. Excess by persons enabling wholesale of the commodity or liquefied oil gas, the marginal prices of wholesale established according to the legislation of the Republic of Kazakhstan on gas and gas supply

attracts penalty on the legal entities who are subjects of small or medium business in the amount of two hundred to three hundred, on the legal entities who are subjects of big business - at the rate from one thousand to two thousand monthly settlement indicators.

3. The actions provided by parts one and the second this Article committed repeatedly within year after imposing of administrative punishment,

attract penalty on individual entrepreneurs, legal entities in the amount of hundred percent from the income (revenue) received as a result of making of administrative offense with suspension of action or deprivation of the certificate on accreditation.

Note. Income (revenue) gained as a result of making of administrative offense is understood as difference between income (revenue) gained by the individual entrepreneur or the legal entity who made administrative offense and the income (revenue) which the individual entrepreneur or the legal entity shall receive in case of compliance with law of the Republic of Kazakhstan.";

Article 225-1 to state 4) in the following edition:

"Article 225-1. Works in conservation zones of lines of power and thermal networks, objects of gas supply systems

Production of construction, installation, earth, handling works, the search works connected with the device of wells and holes, arrangement of platforms, parking of road transport, placement of the markets, warehousing of materials, construction of barriers and fences, dumping and discharge of caustic corrosion substances and fuels and lubricants in conservation zones of lines of power and thermal networks, objects of gas supply systems without approval of the organization under which authority power or thermal networks or objects of gas supply systems are

attract penalty on physical persons in the amount of two to ten, on officials, individual entrepreneurs, legal entities who are subjects of small or medium business - in the amount of ten to twenty, on the legal entities who are subjects of big business - in the amount of fifty to hundred monthly settlement indicators.";

Article 226 to state 5) in the following edition:

"Article 226. Violation of requirements for use of gas, safety of operation of objects of gas supply systems

1. Violation of requirements for safety of operation of gas-consuming systems and the gas equipment of the residential and household customers established by the legislation of the Republic of Kazakhstan on gas and gas supply

attracts penalty on physical persons in the amount of five to seven, on individual entrepreneurs, legal entities - from fifteen to twenty monthly settlement indicators.

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

attract penalty on physical persons in the amount of seven to ten, on individual entrepreneurs, legal entities - from twenty to thirty monthly settlement indicators.

3. Unauthorized renewal of supply of the commodity or liquefied oil gas in gas-consuming system

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

4. Violation of requirements for safety of operation of objects of gas supply systems, except for gas-consuming systems and the gas equipment of the residential and household customers established by the legislation of the Republic of Kazakhstan on gas and gas supply

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

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

attract penalty on the individual entrepreneurs, legal entities who are subjects of small or medium business in the amount of hundred, on the legal entities who are subjects of big business - in the amount of four hundred monthly settlement indicators.";

Article 227 to exclude 6);

7) in Article 228 of the word of "the gas-consuming organization", "gas-using installations" to replace respectively with words of "industrial and (or) household consumers", "gas-consuming systems of industrial and (or) household consumers";

8) Article 541 part one:

after the words "147-10 (parts two, the fourth, the fifth, the sixth, the seventh, the tenth, the eleventh, the twelfth, thirteenth, fourteenth)" to add with figures "147-11, 147-12,";

replace figures "222-229" with figures "222-226, 228-229";

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

third after the word "articles" to add the paragraph with the words "225-1 (on violations in conservation zones of objects of gas supply systems), 226 (parts three-the fifth), 228,";

in the paragraph the thirty ninth shall be replaced with words the word "article" "Article 147-12 (part one and third (on marginal exceeding of price of retail sale of oil products),";

to add the paragraph of the forty second after figures "225-1" with words "(on violations in conservation zones of lines of power and thermal networks)";

to state the paragraph of the forty sixth in the following edition:

"authorized body in the field of oil and gas (Article 147-11, 147-12 (part two and third (on marginal exceeding of prices of wholesale of the commodity or liquefied oil gas);";

the sixty first after figures "163-6" to add the paragraph with the words "226 (parts one and the second)".

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; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 114; The Law of the Republic of Kazakhstan of July 21, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning special economic zones", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on August 6, 2011):

1) the subitem 2) of Item 2 of article 69 after the word "heat supplies" to add with the word of "gas supply";

Items 1 and 2 of article 113 after the word "air" to add 2) with the word", pipeline";

Item 2 of Article 121 to add 3) with subitem 5-1) of the following content:

"5-1) conservation zones of objects of gas supply systems;".

3. In the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" (Sheets of Parliament of the Republic of Kazakhstan, 1998, No. 16, Art. 214; 1999, No. 19, Art. 646; 2000, No. 3-4, of Art. 66; 2001, No. 23, Art. 309; 2002, No. 23-24, of Art. 193; 2004, No. 14, Art. 82; No. 23, Art. 138, 142; 2006, No. 2, Art. 17; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 13, Art. 87; 2007, No. 3, Art. 20; No. 19, Art. 148; 2008, No. 15-16, of Art. 64; No. 24, Art. 129; 2009, No. 11-12, of Art. 54; No. 13-14, of Art. 62; No. 18, Art. 84; 2010, No. 5, Art. 20, 23; 2011, No. 1, Art. 2; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 112; 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 subitem 2) of Item 1 of Article 4 to state 1) in the following edition:

"2) on storage, transportation of commodity gas on connecting, trunk gas pipelines and (or) gas-distribution systems, operation of group reservoir installations, and also transportation

sour gas on connecting gas pipelines;";

2) in Item 1 of Article 7-1:

the word of "gas" to exclude;

add with words ", and also gas taking into account the features established by the Law of the Republic of Kazakhstan "About gas and gas supply";

3) in subitem 18-1) of Item 1 of Article 14 of the word", power, gas distribution networks" shall be replaced with words "and power networks, gas-distribution systems".

4. In the Law of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2011, No. 1, Art. 1; No. 2, Art. 26; No. 11, Art. 102.):

to add Item of 1 appendix to the specified Law with subitem 4-1) of the following content:

"4-1) in the field of gas and gas supply;".

Article 2. This Law becomes effective after ten calendar days after its first official publication, except for:

1) paragraphs of the ninth - the twelfth subitem 2) Item 1 of Article 1, which become effective since April 1, 2012;

2) paragraphs of the fifth - the eighth, fifteenth - the seventeenth subitem 2), paragraphs of the fifth, sixth, seventh - the ninth (on marginal exceeding of prices of wholesale of the commodity or liquefied oil gas) the subitem 3) Item 1 of Article 1, which become effective since July 1, 2012.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info