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LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 25, 2012 No. 548-IV ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning forestry, fauna and especially protected natural territories

(as amended of the Law of the Republic of Kazakhstan of 10.07.2012 No. 36-V ZRK)

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

1. In the Criminal Code of Kazakhstan of July 16, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 15-16, of Art. 211; 1998, No. 16, Art. 219; No. 17-18, of Art. 225; 1999, No. 20, Art. 721; No. 21, Art. 774; 2000, No. 6, Art. 141; 2001, No. 8, Art. 53, 54; 2002, No. 4, Art. 32, 33; No. 10, Art. 106; No. 17, Art. 155; No. 23-24, of Art. 192; 2003, No. 15, Art. 137; No. 18, Art. 142; 2004, No. 5, Art. 22; No. 17, Art. 97; No. 23, Art. 139; 2005, No. 13, Art. 53; No. 14, Art. 58; No. 21-22, of Art. 87; 2006, No. 2, Art. 19; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 12, Art. 72; No. 15, Art. 92; 2007, No. 1, Art. 2; No. 4, Art. 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 17, Art. 140; 2008, No. 12, Art. 48; No. 13-14, of Art. 58; No. 17-18, of Art. 72; No. 23, Art. 114; No. 24, Art. 126; 2009, No. 6-7, of Art. 32; No. 13-14, of Art. 63; No. 15-16, of the Art. 71, 73, 75; No. 17, Art. 82, 83; No. 24, Art. 121, 122, 125, 127, 128, 130; 2010, No. 1-2, of Art. 5; No. 7, Art. 28, 32; No. 11, Art. 59; No. 15, Art. 71; No. 20-21, of Art. 119; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 9; No. 2, Art. 19, 28; 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", "Egemen published in newspapers? aza? camp" on November 16, 2011 and "The Kazakhstan truth" on November 19, 2011; The Law of the Republic of Kazakhstan of November 29, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of organized crime, terrorist and extremist activities", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on December 3, 2011; The Law of the Republic of Kazakhstan of December 3, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan on environmental issues", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on December 8, 2011):

In all text of the word "animal or vegetable" and "animal or vegetable" to replace 1) respectively with words "vegetable or animal" and "vegetable or animal";

Heading of Article 290 to state 2) in table of contents in the following edition:

"Article 290. The illegal address with the rare and being under the threat of disappearance types of plants and animals and (or) their parts and derivatives, and also with plants and animal and (or) their parts and derivatives which withdrawal is forbidden";

3) Item of) to exclude parts two of Article 183;

4) in Article 288:

in part one:

in Item) "birds and animals" to replace words with the word of "animals";

Item in) to exclude;

words", or without that" to exclude;

in word part two", or without that" to exclude;

Article 290 to state 5) in the following edition:

"Article 290. The illegal address with the rare and being under the threat of disappearance types of plants and animals and (or) their parts and derivatives, and also with plants and animal and (or) their parts and derivatives which withdrawal is forbidden

Illegal getting, acquisition, storage, sale, import, export, transfer, transportation, and is equal destruction of the rare and being under the threat of disappearance types of plants and animal and (or) their parts and derivatives, and also plants and animal and (or) their parts and derivatives on whom ban on use, or places of their dwelling is imposed

are punished by restriction of freedom for a period of up to three years or imprisonment for the same term with confiscation of property of the convict, and also the property which is the object of criminal acts, the tool or means of crime execution, subject withdrawn from circulation.";

6) in Article 291:

in part one:

shall be replaced with words the words "in the woods of all groups" "in forest fund";

words", or without that" to exclude;

in word part two", or without that" to exclude.

2. In the Code of the Republic of Kazakhstan about administrative offenses of January 30, 2001 (The sheet of Parliament of the Republic of Kazakhstan, 2001, No. 5-6, of Art. 24; No. 17-18, of Art. 241; No. 21-22, of Art. 281; 2002, No. 4, Art. 33; No. 17, Art. 155; 2003, No. 1-2, of Art. 3; No. 4, Art. 25; No. 5, Art. 30; No. 11, Art. 56, 64, 68; No. 14, Art. 109; No. 15, Art. 122, 139; No. 18, Art. 142; No. 21-22, of Art. 160; No. 23, Art. 171; 2004, No. 6, Art. 42; No. 10, Art. 55; No. 15, Art. 86; No. 17, Art. 97; No. 23, Art. 139, 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 7-8, of Art. 19; No. 9, Art. 26; No. 13, Art. 53; No. 14, Art. 58; No. 17-18, of Art. 72; No. 21-22, of the Art. 86, 87; No. 23, Art. 104; 2006, No. 1, Art. 5; No. 2, Art. 19, 20; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72, 77; No. 13, Art. 85, 86; No. 15, Art. 92, 95; No. 16, Art. 98, 102; No. 23, Art. 141; 2007, No. 1, Art. 4; No. 2, Art. 16, 18; No. 3, Art. 20, 23; No. 4, Art. 28, 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 12, Art. 88; No. 13, Art. 99; No. 15, Art. 106; No. 16, Art. 131; No. 17, Art. 136, 139, 140; No. 18, Art. 143, 144; No. 19, Art. 146, 147; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 12, Art. 48, 51; No. 13-14, of the Art. 54, 57, 58; No. 15-16, of Art. 62; No. 20, Art. 88; No. 21, Art. 97; No. 23, Art. 114; No. 24, Art. 126, 128, 129; 2009, No. 2-3, of the Art. 7, 21; No. 9-10, of the Art. 47, 48; No. 13-14, of the Art. 62, 63; No. 15-16, of the Art. 70, 72, 73, 74, 75, 76; 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", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" 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", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" 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", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" 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", "Egemen published in newspapers? aza? camp" on November 16, 2011 and "The Kazakhstan truth" on November 19, 2011; The Law of the Republic of Kazakhstan of December 3, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan on environmental issues", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on December 8, 2011):

Of "animals and plants" shall be replaced with words 1) in table of contents in heading of Article 296 of the word "plants and animals";

2) in parts one and third Article 283 of the word", or without that" to exclude;

Of "animals and plants" shall be replaced with words 3) in Article 296 of the word "plants and animals";

4) in parts two and third Article 298 of the word", or without that" to exclude;

Of "special devices for protection from hit of fish in water intaking constructions" shall be replaced with words 5) in part three of Article 298-1 of the word "the fish-protecting device".

3. 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; No. 15, Art. 120):

Heading of Article 129 to state 1) in table of contents in the following edition:

"Article 129. Provision of lands of the state forest fund in land use for the agricultural purposes and under construction objects";

38) of Article 12 the word of "economy" to add 2) in the subitem with the words "and fish farms";

The subitem 6) of Article 13 to add 3) with words ", and also translation rules of lands of forest fund to lands of other categories for the purposes which are not connected with forest management";

Item 1 of article 26 after the word "improving" to add 4) with the word", recreational";

"Mowing and pasturage of the cattle" shall be replaced with words 5) in item 4 of Article 41 of the word "mowing, pasturage of the cattle, and also placement of apiaries";

Part the second Item 7 of Article 43 to state 6) in the following edition:

"When provision of the parcels of land is included into competence of higher executive body, local executive body of area, city of republican value, the capital, area, city of regional value, the akim of the city of district value, the settlement, aul (village), the aulny (rural) district brings land management case with the draft decision to higher body for decision making.";

Item 1 of Article 48 to add 7) with subitem 14-1) of the following content:

"14-1) for private afforestation;";

To add Item 1 of Article 49-1 with part two of the following content:

"Change of purpose of the parcel of land which is in limits of line of the cities of district value, settlements, auls (villages), aulny (rural) districts is performed by local executive body of the area (the city of the regional value having the territories placed under its administrative authority) according to the proposal of the akim of the city of district value, the settlement, aul (village), aulny (rural) district.";

Article 90 after words "construction of roads" to add 9) with words "objects for use of renewable energy resources - solar and wind,";

10) in Item 3 of Article 107:

add with subitem 5-1) of the following content:

"5-1) forest funds;";

in the subitem 8) "the city woods" to replace words with the word "forest parks";

11) in Item 3 of Article 122 of the word "tourist", "tourist", "Tourist" to replace respectively with words "tourist", "tourist", "Tourist";

12) Item 1 of article 123 after the words "around especially protected natural territories" to add with words ", including on lands the owners and land users who are in their borders";

13) in Article 126:

in Item 2 to replace the word "tourist" with the word "tourist";

in item 4 "tourist" to replace the word with the word of "tourist";

Item 4 of Article 128 to state 14) in the following edition:

"4. The lands provided to physical and non-state legal entities in private property or long-term land use according to this Code with purpose for afforestation busy belong to lands of private forest fund:

1) artificial plantings;

2) plantings of natural origin, arisen in the seed and (or) vegetative way;

3) private forest nurseries;

4) plantatsionny plantings of special purpose;

5) agricultural forest melioration plantings;

6) protective plantings on strips of withdrawal of the economic highways which are in private property.";

15) in Article 129:

state heading in the following edition:

"Article 129. Provision of lands of the state forest fund in land use for the agricultural purposes and under construction objects";

add with part two of the following content:

"Provision to forest users of sites under construction objects on lands of the state forest fund where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes; needs of hunting economy; collateral forest use, it is performed according to the forest legislation of the Republic of Kazakhstan.";

Item 1 of Article 134 to add 16) with part two of the following content:

"The parcels of land under the water protection zones and strips on coast of water objects are not allocated on lands of especially protected natural territories and the state forest fund.";

Article 135 after words "lands of water fund" to add 17) with words ", except for the water objects which are part of lands of especially protected natural territories and the state forest fund";

18) in Article 136-1:

to add Item 1 after the word of "categories" with words ", except for the water objects which are part of lands of especially protected natural territories and the state forest fund";

to add Item 2 part one after the word of "categories" with words ", except for the water objects which are part of lands of especially protected natural territories and the state forest fund";

Article 138 after words of "agricultural industry" to add 19) with words ", private afforestation";

20) in Article 155:

add Item 2 with words ", except as specified, provided by part two of Item 3 of this Article";

add Item 3 with part two of the following content:

"On the parcels of land within borders of accounting quarter occupied with the kolochny woods production and issue of one identification document with assignment of cadastral number is made to accounting quarter.".

4. In the Forest code of the Republic of Kazakhstan of July 8, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 16, Art. 140; 2004, No. 23, Art. 142; 2006, No. 3, Art. 22; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 3, Art. 20; 2008, No. 23, Art. 114; 2009, No. 18, Art. 84; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2, 3; No. 11, Art. 102):

1) in all text:

" (the cities of republican value, the capital)" shall be replaced with words words ", the cities of republican value, the capital";

to replace the word of "needs" with the word of "needs";

words "cultural and improving, recreational" shall be replaced with words "improving, recreational, historical and cultural";

"the legal act of the Republic of Kazakhstan for the earth" shall be replaced with words words "The land code of the Republic of Kazakhstan";

words "regional executive body", "regional representative bodies", "regional executive bodies", "regional executive body", "regional representative body on representation of regional executive body" and "regional representative body on representation of regional executive body" to replace respectively with words "local executive body of area", "local representative body of area", "local executive bodies of area", "local executive body of area", "local representative body of area on representation of local executive body of area" and "local representative body of area on representation of local executive body of area";

shall be replaced with words the words "at the expense of means of the government budget" "at the expense of budgetary funds";

shall be replaced with words the words "about protection, reproduction and use of fauna and especially protected natural territories" "in the field of protection, reproduction and use of fauna and especially protected natural territories";

2) in table of contents:

in heading of Section 2 of the word "and control" shall be replaced with words ", control and supervision";

add with heading of Article 11-1 of the following content:

"Article 11-1. System of ensuring protection, protection, use of forest fund, reproduction of the woods and afforestation";

to state headings of Articles 13 and 18 in the following edition:

"Article 13. Competence of authorized body and its territorial subdivisions";

"Article 18. Main activities of forest organization";

add with heading of Article 18-1 of the following content:

"Article 18-1. Types of activity of the republican state companies in the field of ensuring protection, protection, use of forest fund, reproduction of the woods and afforestation";

to add Chapter 4 heading after the word "control" with the words "and supervision";

19, 20 and 21 to state headings of Articles in the following edition:

"Article 19. The state control and supervision in the field of protection, protection, uses of forest fund, reproduction of the woods and afforestation

Article 20. State forest inspection of the Republic of Kazakhstan

Article 21. Rights and obligations of officials of the state forest inspection of the Republic of Kazakhstan";

in heading of Article 82 of the word "and forest parks" to exclude;

add with headings of Articles 102-1 and 102-2 of the following content:

"Article 102-1. Use of sites of the state forest fund for cultivation of landing material of tree and shrubby species and plantatsionny plantings of special purpose

Article 102-2. Construction of facilities on lands of the state forest fund where forest resources are provided in long-term forest utilization";

add with heading of Chapter 18-1 of the following content:

"Chapter 18-1. State support of private afforestation";

add with headings of Articles 112-1, 112-2 and 112-3 of the following content:

"Article 112-1. The directions of private afforestation which are subject to the state support

Article 112-2. Subjects of the state support of private afforestation

Article 112-3. State support of private afforestation and terms of its implementation";

6) of Article 3 of the word "and control" shall be replaced with words 3) in the subitem ", control and supervision";

Article 4 to state 4) in the following edition:

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