LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 13, 2012 No. 542-IV ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning energy saving and increase in energy efficiency

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; Art. No. 21-22, 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; Art. No. 13-14, 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, Art. No. 2-3, 7, 21; Art. No. 9-10, 47, 48; Art. No. 13-14, 62, 63; Art. No. 15-16, 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, Art. No. 1-2, 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; Art. No. 17-18, 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 Kazakstan 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 Kazakstan 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 Kazakstan and Kazakhstan Truth newspapers on October 15, 2011; The Law of the Republic of Kazakhstan of November 9, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of law-enforcement activities and further humanization of the penal legislation", published in the newspapers "Egemen Kazakstan" on November 16, 2011 and "The Kazakhstan truth" on November 19, 2011):

1) table of contents:

add with headings of new: Chapter 16-1 and Articles 219-1, 219-2, 219-3, 219-4, 219-5, 219-6, 219-7, 219-8, 219-9 and 219-10 of the following content:

"Chapter 16-1. Administrative offenses in the field of energy saving and increase in energy efficiency

Article 219-1. Non-compliance with normative values of power factor in power networks and exceeding of standard rates of energy consumption

Article 219-2. Operation of the defective equipment, armature, pipelines without their heat insulation or violation of operating mode of the energy-requiring equipment

Article 219-3. Acceptance for operation of the new objects consuming energy resources which are not equipped with the corresponding metering devices of energy resources and the automated systems of regulation of heatconsumption

Article 219-4. Violation by subjects of the State energy register of the requirement about obligatory annual decrease in amount of consumption of energy resources and water per unit of products, the area of buildings, structures and constructions up to the sizes determined following the results of energy audit

Article 219-5. Evasion from passing of statutory energy audit by subjects of the State energy register or obstacle to its carrying out

Article 219-6. Illegal sale and production of electric glow lamps

Article 219-7. Non-execution of obligation on creation, implementation and the organization of system operation of power management by subjects of the State energy register

Article 219-8. Non-compliance with procedure for carrying out energy audit, procedure for conducting examination of energy saving and the increase in energy efficiency established by the legislation of the Republic of Kazakhstan on energy saving and increase in energy efficiency

Article 219-9. Production and (or) realization of the energy-requiring devices which are not containing in technical documentation and on labels information on class and characteristics of energy efficiency according to the technical regulation of custom union

Article 219-10. Failure to carry out of the instruction of authorized body in the field of energy saving and increase in energy efficiency about elimination of violation of requirements of the legislation of the Republic of Kazakhstan on energy saving and increase in energy efficiency or its accomplishment not in full";

to state heading of Article 356 in the following edition:

"Article 356. Hindrance to officials of the state inspections and state control bodies and supervision in accomplishment of service duties by them, failure to carry out of resolutions, instructions and other requirements";

add Chapter 32 with heading of new Article 548-1 of the following content:

"Article 548-1. Bodies for the state energy supervision and control";

Paragraph two of part one of Article 48 to state 2) in the following edition:

"In the cases provided in Articles of the special part of this Section, the size of penalty is expressed percentage of the amount of the unexecuted or fulfilled in an inadequate way tax liability established by legal acts of the Republic of Kazakhstan, from the amount of not listed (out of time listed) social assignments, and also from the transaction amount which is carried out with violation of regulations of the legislation of the Republic of Kazakhstan, or in the amount of the amount of the harm done to the environment, or percentage of income amount (revenue), received as a result of implementation of monopolistic activities or violation of the law of the Republic of Kazakhstan about power industry, about natural monopolies and the controlled markets, or percentage of the cost of the energy resources used over the approved standard rates for the period in which there was offense, but no more than in one year.";

Part the second Article 69 to state 3) in the following edition:

"2. The physical person is not subject to administrative prosecution for making of administrative corruption offense, and also offense in the field of the taxation, the legislation of the Republic of Kazakhstan on provision of pensions, on compulsory social insurance, on energy saving and increase in energy efficiency, natural monopolies and the antitrust law after one year from the date of its making, and the legal entity (including the individual entrepreneur) is not subject to administrative prosecution for making of administrative corruption offense, and also offense in the field of the legislation of the Republic of Kazakhstan on energy saving and increase in energy efficiency after three years from the date of its making, and for offense in the field of the taxation, legislations of the Republic of Kazakhstan on provision of pensions, on compulsory social insurance, natural monopolies and the antitrust law - on

the expiration of five years from the date of its making.";

To add 4) with Chapter 16-1 of the following content:

"Chapter 16-1. Administrative offenses in the field of energy saving and increase in energy efficiency

Article 219-1. Non-compliance with normative values of power factor in power networks and exceeding of standard rates of energy consumption

1. Non-compliance with normative values of power factor in power networks

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

2. Exceeding of standard rates of energy consumption

attracts penalty on the individual entrepreneurs and legal entities who are subjects of small or medium business - in the amount of five, on the legal entities who are subjects of big business - in the amount of fifteen percent from the cost of the energy resources used over the approved standard rates for the period in which there was offense, but no more than in one year.

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

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 four hundred monthly settlement indicators.

4. The act provided by part two of this Article committed repeatedly within year after imposing of administrative punishment,

attracts penalty on the individual entrepreneurs and legal entities who are subjects of small or medium business - in the amount of ten, on the legal entities who are subjects of big business - in the amount of thirty percent from the cost of the energy resources used over the approved standard rates for the period in which there was offense, but no more than in one year.

Note.

The cost of energy resource is determined on the basis of market price of the moment of identification of offense.

Article 219-2. Operation of the defective equipment, armature, pipelines without their heat insulation or violation of operating mode of the energy-requiring equipment

1. Operation of the defective equipment, armature, pipelines without their heat insulation or the violation of operating mode of the energy-requiring equipment which entailed real loss of energy resources in case of their production and transfer and also waters by its transfer

attract 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 two hundred monthly settlement indicators.

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

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 four hundred monthly settlement indicators.

Article 219-3. Acceptance for operation of the new objects consuming energy resources which are not equipped with the corresponding metering devices of energy resources and the automated systems of regulation of heatconsumption

1. Acceptance for operation of the new objects consuming energy resources which are not equipped with the corresponding metering devices of energy resources and the automated systems of regulation of heatconsumption

attracts penalty on the officials who signed the act of commissioning of the facility - in the amount of twenty monthly settlement indicators.

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

attracts penalty on the officials who signed the act of commissioning of the facility - in the amount of fifty monthly settlement indicators.

Note.

1. In this Article it is necessary to understand as officials: chairman and members of the state inspection and (or) inspection.

2. Officials do not bear the tort liability, the provided by parts one and the second this Article in cases of putting into operation of new objects which are not equipped with the automated systems of regulation of heatconsumption and hourly average consumption of heat energy (including expenses of heat energy, heating, ventilation, conditioning and hot water supply) which constitutes less than 50 kW.

Article 219-4. Violation by subjects of the State energy register of the requirement about obligatory annual decrease in amount of consumption of energy resources and water per unit of products, the area of buildings, structures and constructions up to the sizes determined following the results of energy audit

1. Violation by subjects of the State energy register of the requirement about obligatory annual decrease in amount of consumption of energy resources and water per unit of products, the area of buildings, structures and constructions up to the sizes determined following the results of energy audit within five years after passing of energy audit,

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 two hundred monthly settlement indicators.

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

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 four hundred monthly settlement indicators.

Article 219-5. Evasion from passing of statutory energy audit by subjects of the State energy register or obstacle to its carrying out

1. Evasion from passing of statutory energy audit by subjects of the State energy register or obstacle to its carrying out

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

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

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 four hundred monthly settlement indicators.

Article 219-6. Illegal sale and production of electric glow lamps

Sale and production of electric glow lamps capacity of 25 W and above which can be used in chains of alternating current for the purpose of lighting,

attracts penalty on physical persons - in the amount of ten, 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 hundred monthly settlement indicators with confiscation of electric glow lamps capacity of 25 W and above which can be used in chains of alternating current for the purpose of lighting.

Article 219-7. Non-execution of obligation on creation, implementation and the organization of system operation of power management by subjects of the State energy register

1. Non-execution of obligation on creation, implementation and the organization of system operation of power management according to requirements of the international standard for power management by the subjects of the State energy register consuming energy resources of one thousand five hundred and more tons of conditional fuel a year

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 two hundred monthly settlement indicators.

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

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 four hundred monthly settlement indicators.

Article 219-8. Non-compliance with procedure for carrying out energy audit, procedure for conducting examination of energy saving and the increase in energy efficiency established by the legislation of the Republic of Kazakhstan on energy saving and increase in energy efficiency

1. Non-compliance with procedure for carrying out energy audit, procedure for conducting examination of energy saving and the increase in energy efficiency established by the legislation of the Republic of Kazakhstan on energy saving and increase in energy efficiency attracts penalty on the 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 hundred monthly settlement indicators.

2. The act provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, attracts penalty on the 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 two hundred settlement indicators with suspension of action of the certificate on accreditation.

3. The same act made repeatedly within year after the expiration of the administrative punishment provided by part two of this Article attracts penalty on the legal entities who are subjects of small or medium business - in the amount of sixty, on the legal entities who are subjects of big business - in the amount of three hundred monthly settlement indicators with deprivation of the certificate on accreditation.

Article 219-9. Production and (or) realization of the energy-requiring devices which are not containing in technical documentation and on labels information on class and characteristics of energy efficiency according to the technical regulation of custom union

1. Production and (or) realization of the energy-requiring devices which are not containing in technical documentation and on labels information on class and characteristics of energy efficiency according to the technical regulation of custom union

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

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

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

Article 219-10. Failure to carry out of the instruction of authorized body in the field of energy saving and increase in energy efficiency about elimination of violation of requirements of the legislation of the Republic of Kazakhstan on energy saving and increase in energy efficiency or its accomplishment not in full

1. Failure to carry out of the instruction of authorized body in the field of energy saving and increase in energy efficiency about elimination of violation of requirements of the legislation of the Republic of Kazakhstan on energy saving and increase in energy efficiency or its accomplishment not in full

attracts penalty on physical persons - in the amount of ten, 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 forty monthly settlement indicators.

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

attracts penalty on physical persons in the amount of twenty, on the 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 hundred monthly settlement indicators.";

5) in Article 356:

state heading in the following edition:

"Article 356. Hindrance to officials of the state inspections and state control bodies and supervision in accomplishment of service duties by them, failure to carry out of resolutions, instructions and other requirements";

state part one in the following edition:

"1. The hindrance to officials of the state inspections and state control bodies and supervision in accomplishment of service duties by them according to their competence expressed in refusal of submission of necessary documents, materials, statistical (except for primary statistical data) and other data, information on activities, on the income, on equipment metering devices of energy resources, amounts of consumption and losses of energy resources, waters, about calculation and payment of insurance premiums, about use of atomic energy, in refusal of the admission for carrying out under the resolution of authorized body of audit, check, inventory count, examinations and other actions, stipulated by the legislation, or in creation of other obstacle in their implementation, or representation of unreliable information

attracts penalty on physical persons in the amount up to three, on officials - in the amount up to twenty monthly settlement indicators.";

third to state part in the following edition:

"3. Failure to carry out or inadequate accomplishment of legal requirements or instructions, representations, the resolutions issued by state control bodies and supervision (officials), officials of the state bodies within their competence, except as specified, provided by Articles 130, 147-9, 168, of 173, of 216, of 219, 219-10, 305, of 313, Article part two 317, Articles 317-1, 362, of 381, of 474, of 486, of 522, of the 528th of this Code

attracts penalty on physical persons in the amount up to five, on officials and individual entrepreneurs - in the amount up to fifteen monthly settlement indicators.";

6) Article 541 part one after words "218-1 (part seven)" to add with the words "219-6, 219-8 (parts two and third)",

To add 7) with Article 548-1 of the following content:

"Article 548-1. Bodies for the state energy supervision and control

1. Bodies for the state energy supervision and control consider cases on the administrative offenses provided by Articles 219-1, 219-2, 219-3, 219-4, 219-5, 219-7, 219-8 (part one), 219-10 of this Code.

2. Consider cases on administrative offenses and impose administrative punishments heads of territorial subdivisions of bodies for the state energy supervision and control have the right.";

To state part one of Article 566 in the following edition:

"1. The bodies exercising the state control in the field of technical regulation and ensuring unity of measurements consider cases on the administrative offenses provided by Articles 161 (part one), 164, 219-9, 317 (part one), 357-2 (part one), 496 (part one) of this Code.";

Part the second Article 568 to state 9) in the following edition:

"2. Consider cases on administrative offenses and impose administrative punishments the Chief state construction inspector of the Republic of Kazakhstan and his deputies, and also the chief state construction inspectors of areas, cities of republican value, the capital has the right.";

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

the forty first to state the paragraph in the following edition:

"bodies in the field of technical regulation and ensuring unity of measurements and its territorial authorities (Article 161 (part four), 219-6, 338-1 (parts three, the ninth, tenth and twelfth), 317 (parts two and third), 317-1, 317-2, 356, 496 (part two), 501);";

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

"bodies for the state energy supervision and control (Article 219-8 (part two and third), 223-225, 225-1 (on violations in conservation zones of lines of power and thermal networks), 356);".

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; No. 24, Art. 146, 149, 150; 2011, No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 7, Art. 54; No. 11, Art. 102; No. 13, Art. 115; No. 15, Art. 125; 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 Kazakstan and Kazakhstan Truth newspapers on August 6, 2011):

1) in Item 1 of Article 53:

the fourth the subitem 9) to exclude the paragraph;

add with subitem 9-1) of the following content:

"9-1) energy saving and increase in energy efficiency: holding actions for energy saving and increase in energy efficiency at the republican level;";

Item 1 of Article 54 to add 2) with subitem 9-1) of the following content:

"9-1) energy saving and increase in energy efficiency: holding actions for energy saving and increase in energy efficiency at the regional level;";

Item 1 of Article 55 to add 3) with subitem 9-1) of the following content:

"9-1) energy saving and increase in energy efficiency: holding actions for energy saving and increase in energy efficiency at the local level;";

Item 1 of Article 56 to add 4) with subitem 8-1) of the following content:

"8-1) energy saving and increase in energy efficiency: holding actions for energy saving and increase in energy efficiency on district (the cities of regional value) level;".

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, Art. No. 2-3, 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; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 116; No. 14, Art. 117; No. 15, Art. 120; 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 Kazakstan and Kazakhstan Truth newspapers on August 6, 2011):

to add Item 9 of Article 495 with part two of the following content:

"At the same time local representative bodies have the right not to raise the payment rates established by this Article, to the subjects which signed the agreement in the field of energy saving and increase in energy efficiency on objects only within such agreement.".

4. In the Law of the Republic of Kazakhstan of September 21, 1994 "About transport in the Republic of Kazakhstan" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1994, No. 15, Art. 201; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 186; 1998, No. 24, Art. 447; 2001, No. 23, Art. 309, 321; No. 24, Art. 338; 2003, No. 10, Art. 54; 2004, No. 18, Art. 110, No. 23, Art. 142; 2005, No. 15, Art. 63; 2006, No. 3, Art. 22; No. 14, Art. 89; No. 24, Art. 148; 2009, No. 18, Art. 84; 2010, No. 17-18, of Art. 114; No. 24, Art. 146; 2011, No. 1, Art. 2, 3; No. 5, Art. 43; No. 12, Art. 111):

Heading of Section 4 to state 1) in the following edition:

"Section 4. Safety, energy efficiency and responsibility on transport";

Part one of Article 15 to state 2) in the following edition:

"Vehicles shall conform to requirements for energy efficiency, the safety of life and health of the person, the environment established by technical regulations in the field of transport to have the document in the field of confirmation of conformity, and also to be registered according to the procedure, established by the legislation of the Republic of Kazakhstan.".

5. In the Law of the Republic of Kazakhstan of April 16, 1997 "About the housing relations" (Sheets of Parliament of the Republic of Kazakhstan, 1997, No. 8, Art. 84; 1999, No. 13, Art. 431; No. 23, Art. 921; 2001, No. 15-16, of Art. 228; 2002, No. 6, Art. 71; 2003, No. 11, Art. 67; 2004, No. 14, Art. 82; No. 17, Art. 101; No. 23, Art. 142; 2006, No. 16, Art. 103; 2007, No. 9, Art. 67; No. 10, Art. 69; No. 15, Art. 106, 108; No. 18, Art. 143; 2009, No. 11-12, of Art. 54; No. 18, Art. 84; No. 24, Art. 122; 2010, No. 5, Art. 23; No. 10, Art. 52; 2011, No. 1, Art. 2, 3; No. 5, Art. 43; No. 6, Art. 50; No. 10, Art. 86; No. 11, Art. 102; 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 Kazakstan 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 Kazakstan and Kazakhstan Truth newspapers on August 6, 2011):

to state Item 2 of Article 97 in the following edition:

"2. The payment for utilities in dwellings of all patterns of ownership is levied on the rates approved according to the procedure, established by the Government of the Republic of Kazakhstan.

The state takes measures for rendering the housing help to needy families (citizens) on payment:

maintenance costs of the apartment house (residential building) to families (citizens) living in the privatized premises (apartments) or being employers (subtenants) of premises (apartments) in the state housing stock;

consumption of utilities and communication services regarding increase in subscriber fee for phone connected to network of telecommunications, families (citizens) who are owners or employers (subtenants) of the dwelling;

the rent for use of the dwelling leased by local executive body in private housing stock;

costs of the single-phase counter of electrical energy with accuracy class not lower than 1 with the differentiated accounting and control of expense of the electric power on time of day living in the privatized premises (apartments), the individual apartment house.

Housing help is given on the invoices for payment of utilities shown by suppliers on content of the apartment house (residential building), according to the estimate determining the size of monthly and target fees on content of the apartment house (residential building), and also on the invoice for payment of cost of the single-phase counter of electrical energy shown by the supplier with accuracy class not lower than 1 with the differentiated accounting and control of the expense of the electric power on time of day established in exchange the single-phase counter of electrical energy with class of accuracy 2,5, which is in use in the privatized premises (apartments), the individual apartment house at the expense of budgetary funds to persons who are constantly living in this area. The size and procedure for rendering the housing help are determined by local representative bodies of the city of republican value, the capital, areas, cities of regional value based on the rules of provision of the housing help approved by the Government of the Republic of Kazakhstan.".

6. 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 Kazakstan and Kazakhstan Truth newspapers on August 6, 2011):

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

"4) on production, transfer, distribution and (or) supply with heat energy, except for the heat energy developed with use of heat of soil, ground waters, the rivers, reservoirs, exhaust water of industrial enterprises and power plants, sewer treatment facilities;".

7. In the Law of the Republic of Kazakhstan of January 23, 2001 "About local public administration and self-government in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 3, Art. 17; No. 9, Art. 86; No. 24, Art. 338; 2002, No. 10, Art. 103; 2004, No. 10, Art. 56; No. 17, Art. 97; No. 23, Art. 142; No. 24, Art. 144; 2005, No. 7-8, of Art. 23; 2006, No. 1, Art. 5; No. 13, Art. 86, 87; No. 15, Art. 92, 95; No. 16, Art. 99; No. 18, Art. 113; No. 23, Art. 141; 2007, No. 1, Art. 4; No. 2, Art. 14; No. 10, Art. 69; No. 12, Art. 88; No. 17, Art. 139; No. 20, Art. 152; 2008, No. 21, Art. 97; No. 23, Art. 114, 124; 2009, No. 2-3, of Art. 9; No. 24, Art. 133; 2010, No. 1-2, of Art. 2; No. 5, Art. 23; No. 7, Art. 29, 32; No. 24, Art. 146; 2011, No. 1, Art. 3,7; No. 2, Art. 28; No. 6, Art. 49; No. 11, Art. 102; No. 13, Art. 115; No. 15, Art. 118; 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 Kazakstan and Kazakhstan Truth newspapers on August 6, 2011):

1) in Item 1 of Article 27:

add with subitems 1-9), 1-10) of the following content:

"1-9) provides inclusion of actions for energy saving and increase in energy efficiency in the development program of the corresponding territory, signs agreements in the field of energy saving and increase in energy efficiency, and also performs information activities in the field of energy saving and increase in energy efficiency;

1-10) provides carrying out state policy in the field of energy saving and increase in energy efficiency;";

state subitem 6-1) in the following edition:

"6-1) performs monitoring planned to construction (to reconstruction, expansion, upgrade, capital repairs) objects in the subordinated territory of objects and complexes;";

Item 1 of Article 31 to add 2) with subitems 1-9), 1-10) of the following content:

"1-9) provides inclusion of actions for energy saving and increase in energy efficiency in the development program of the respective area, city of regional value, and also performs information activities in the field of energy saving and increase in energy efficiency;

1-10) provides carrying out state policy in the field of energy saving and increase in energy efficiency;".

8. In the Law of the Republic of Kazakhstan of July 16, 2001 "About architectural, town-planning and construction activities in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 17-18, of Art. 243; 2004, No. 23, Art. 142; 2005, No. 6, Art. 10; No. 7-8, of Art. 19; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 15, Art. 95; No. 23, Art. 144; No. 24, Art. 148; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 16, Art. 129; 2008, No. 21, Art. 97; No. 24, Art. 129; 2009, No. 15-16, of Art. 76; No. 18, Art. 84; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2; No. 6, Art. 50; No. 11, Art. 102; No. 12, Art. 111):

1) in Article 1:

10) and 45) to exclude subitems;

in the subitem 17) the word "check" to replace with the word "assessment";

in the subitem 20) shall be replaced with words the words "carrying out complex inspection of readiness of object (complex), monitoring test of processing equipment and engineering systems" "establishing and documenting readiness finished by asset construction";

The subitem 3) of Article 18 to add 2) with the words "and its territorial subdivisions";

3) in subitem 9-1) of Article 19 of the word", the state architectural construction supervision and supervision and licensing" to exclude;

4) in Article 20:

in the subitem 12) to exclude words of "republican value";

in subitem 12-1) of the word", the state architectural construction supervision and supervision, licensing" and ", rules of licensing in case of issue of licenses and confirmation of conformity of applicants and licensees to qualification requirements, rules of implementation of the state architectural construction supervision and supervision of quality of construction" to exclude;

add with new subitem 12-2) of the following content:

"12-2) implementation of licensing of architectural, town-planning and construction activities;";

in subitem 14-1) of the word", the state architectural construction supervision and supervision, licensing" to exclude;

in the subitem 15)", including by the direction of the instruction to the licensor about need of suspension of action of the license and suspension of conducting works according to the procedure, the established legislation of the Republic of Kazakhstan on administrative offenses and licensing" to exclude words;

in the subitem 23) to exclude the words "on objects of republican value";

5) in Item 1 of Article 24:

exclude subitem 10-1);

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

"12-1) rendering assistance in work of state bodies of architectural construction supervision and supervision in the territory of the area;";

13) and 15) to exclude subitems;

6) in Item 1 of Article 25:

exclude subitem 10-1);

add with subitem 13-1) of the following content:

"13-1) rendering assistance in work of state bodies of architectural construction supervision and supervision in the territory of the area;";

15) and 17) to exclude subitems;

7) in heading, Items 1 and 2 of Article 27 of the word", the state architectural construction supervision and supervision" to exclude;

8) in Item 1 of Article 31:

in paragraph one after the word "control" to add with the words "and supervision";

1) to state the subitem in the following edition:

"1) authorized state body for architecture, town planning and construction and its territorial subdivisions by conducting inspection of construction of facilities, and also control and supervision of activities of local executive bodies for the architecture, town planning and construction performed within the competence established by this Law;";

2) to exclude the subitem;

5) to exclude the subitem;

"The structural divisions of local executive bodies of areas, cities of republican value, the capital performing functions of the state architectural construction supervision and supervision" shall be replaced with words 9) in Item 3 of Article 32 of the word "authorized state body for architecture, town planning and construction";

10) in Article 33:

state Items 2 and 7 in the following edition:

"2. The state architectural and construction inspection consists of structural division of authorized body for architecture, town planning and construction and territorial subdivisions exercising the state architectural construction supervision and supervision of quality of construction of facilities.";

"7. The head of the authorized body exercising the state architectural construction supervision and supervision of the course and quality of construction of facilities, his deputies and staff employees to which job responsibilities operational inspection of buildings belongs are respectively the Chief state construction inspector of the Republic of Kazakhstan, Deputy Chief state construction inspectors of the Republic of Kazakhstan and the state construction inspectors.

Heads of the territorial subdivisions exercising the state architectural construction supervision and supervision of the course and quality of construction of facilities their deputies and staff employees to which job responsibilities operational inspection of buildings belongs are respectively the chief state construction inspectors, deputy chief state construction inspectors and the state construction inspectors of areas, cities of republican value, the capital.

The right to consider cases on administrative offenses and to impose administrative punishments allocates the Chief state construction inspector of the Republic of Kazakhstan and his deputies, and also the chief state construction inspectors of areas, cities of republican value, the capital.";

11) in Item 1 of Article 35:

in subitem 1-1) of the word"," shall be replaced with words the exercising control and supervision of construction of facilities of republican value, and also of activities of local executive bodies in the field of architecture, town planning and construction "and its territorial subdivisions";

2) to exclude the subitem;

in the subitem 3) shall be replaced with words words of "local executive bodies" "its territorial subdivisions";

Item 1 of Article 62 to state 12) in the following edition:

"1. The architectural project as the independent project of creation of construction (monument) and also as part of project (project and estimate) documentation for construction shall contain the architectural and art, composition and space-planning decisions which are in a complex considering social, economic, functional, engineering, technical, fire-proof, antiexplosive, sanitary and hygienic, ecological requirements, and also requirements for energy efficiency and other requirements to object in the amount necessary for project development of construction or other documentation for construction.";

Item 1 of Article 63 to state 13) in the following edition:

"1. The construction project (the construction project) as the main part of project (project and estimate) documentation for construction shall contain town-planning justification of location of object, economic, architectural, space-planning, functional, technology, constructive, engineering, nature protection, energy saving and other concepts in the amount necessary for maintaining construction and commissioning of the object.";

14) in Item 11 of Article 68:

the paragraph one to state in the following edition:

"11. Production of installation and construction works requires permission of authorized state body for architecture, town planning and construction and its territorial subdivisions."; 1) and 2) to exclude subitems;

The word to "check" to replace 15) in Item 8 of Article 73 with the word to "assessment";

16) in item 4 of Article 78:

in the subitem 1) the word "elimination check" shall be replaced with words "execution establishment";

in the subitem 3) to replace the word "check" with the word "establishment".

9. In the Law of the Republic of Kazakhstan of July 9, 2004 "About power industry" (Sheets of Parliament of the Republic of Kazakhstan, 2004, No. 17, Art. 102; 2006, No. 3, Art. 22; No. 7, Art. 38; No. 13, Art. 87; No. 24, Art. 148; 2007, No. 19, Art. 148; 2008, No. 15-16, of Art. 64; No. 24, Art. 129; 2009, No. 13-14, of Art. 62; No. 15-16, of Art. 74; No. 18, Art. 84; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 11, Art. 102; No. 12, Art. 111; 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 Kazakstan and Kazakhstan Truth newspapers on August 6, 2011):

to state Item 1 of Article 18 in the following edition:

"1. Purchase and sale of electrical and heat energy in the retail market is performed based on the agreements of power supply signed by consumers with the power supplying organizations.

The power supplying organizations have no right to refuse to consumers realization (sale) of electrical energy on the rates differentiated on zones of days and (or) depending on amounts (for physical persons) the consumed energy.

The power supplying organizations have no right to refuse to consumers realization of heat energy on the rates differentiated depending on availability or lack of metering devices of heat energy.".

10. In the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" (Sheets of Parliament of the Republic of Kazakhstan, 2010, No. 12, Art. 60; 2011, No. 1, Art. 2; No. 11, Art. 102; No. 12, Art. 111):

to exclude Item 6 of Article 85.

11. 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; No. 15, Art. 120):

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

"1-1) in the field of energy saving and increase in energy efficiency;".

Article 2. This Law becomes effective after six months after its first official publication, except for:

1) paragraphs of the nineteenth - the twenty sixth subitem 4) Item 1 of Article 1, which become effective since January 1, 2013;

2) paragraphs of the twenty seventh - the thirty first subitem 4) Item 1 of Article 1, which become effective since January 1, 2015;

3) paragraphs of the thirty second - the thirty sixth subitem 4) Item 1 of Article 1, which become effective since January 1, 2015;

4) paragraphs of the thirty seventh - the thirty ninth subitem 4) Item 1 of Article 1 regarding establishment of the administrative responsibility for sale and production of electric glow lamps which become effective:

for electric glow lamps capacity of 100 W and above since July 1, 2012;

for electric glow lamps capacity of 75 W and above since January 1, 2013;

for electric glow lamps capacity of 25 W and above since January 1, 2014;

5) paragraphs of the fortieth - the forty fourth subitem 4) Item 1 of Article 1, which become effective since January 1, 2014;

6) the subitem 9) Item 1 of Article 1, which becomes effective after ten calendar days after its first official publication;

7) provisions of paragraphs of the seventh and eighth subitem 1) of Item 5 of article 1 about rendering the housing help with accuracy class not lower than 1 with the differentiated accounting and control of the expense of the electric power on time of day established in exchange the single-phase counter of electrical energy with class of accuracy 2,5, which is in use in the privatized premises (apartments), the individual apartment house which become effective since July 1, 2012 and affect payment of cost of the single-phase counter of electrical energy till January 1, 2014;

8) paragraphs of the fifth and sixth subitem 1) Item 7 of Article 1, which become effective after ten calendar days after its first official publication;

9) subitems of 1)-8), 10), 11), 14)-16) of Item 8 of Article 1, which become effective after ten calendar days after its first official publication;

10) the subitem 9) Item 8 of Article 1, which becomes effective since January 30, 2012;

11) Item 9 of Article 1, which becomes effective since July 1, 2012;

12) Item 10 of Article 1, which becomes effective since January 1, 2015.

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