LAW OF THE REPUBLIC OF KAZAKHSTAN

of February 1, 2012 No. 551-IV ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning activities of National welfare fund

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 15 and 16, 2011 and "The Kazakhstan truth" 15, on November 16 and 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):

1) in the note to Article 228 of the word "at least thirty five" shall be replaced with words "more than fifty";

The subitem 4) of Item 2 of the note of Article 307 to state 2) in the following edition:

"4) persons performing managerial functions in the state organizations and the organizations in which authorized capital the share of the state constitutes more than fifty percent, including in national managing holdings, national holdings, the national companies, national institutes of development which shareholder is the state, their affiliated organizations which more than fifty percent of voting shares (shares) belong to them, and also legal entities whose more than fifty percent of voting shares (shares) belong to the specified affiliated organizations.".

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; No. 16, Art. 129; The Law of the Republic of Kazakhstan of November 24, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of competence of authorized bodies on the state and budgetary planning and enhancement of budget process", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on November 29, 2011):

Item 1 of Article 41 to state 1) in the following edition:

"1. The state task is the order to legal entities with participation of the state in the authorized capital, to the organizations entering into group of National welfare fund, to the autonomous organizations of education and their organizations determined by the Government of the Republic of Kazakhstan for rendering separate state services, implementation of budget investment projects and accomplishment of other tasks aimed at providing social and economic stability of the state.

Allocation of budgetary funds to legal entities with participation of the state in the authorized capital, to the organizations entering into group of National welfare fund on accomplishment of the state task is performed without increase in the authorized capital of these legal entities.".

3. In the Law of the Republic of Kazakhstan of July 2, 1998 "About fight against corruption" (Sheets of Parliament of the Republic of Kazakhstan, 1998, No. 15, Art. 209; 1999, No. 21, Art. 774; 2000, No. 5, Art. 116; 2001, No. 13-14, of Art. 172; No. 17-18, of Art. 241; 2002, No. 17, Art. 155; 2003, No. 18, Art. 142; 2004, No. 10, Art. 56; 2007, No. 17, Art. 140; No. 19, Art. 147; 2008, No. 23, Art. 114; 2009, No. 19, Art. 88; No. 24, Art. 122, 126; 2010, No. 24, Art. 148; 2011, No. 1, Art. 2; No. 7, Art. 54):

1) in Article 3:

4) of Item 3 to state the subitem in the following edition:

"4) persons performing managerial functions in the state organizations and the organizations in which authorized capital the share of the state constitutes more than fifty percent, including in national managing holdings, national holdings, the national companies, national institutes of development which shareholder is the state, their affiliated organizations which more than fifty percent of voting shares (shares) belong to them, and also legal entities whose more than fifty percent of voting shares (shares) belong to the specified affiliated organizations.";

to state Item 1 of the note in the following edition:

"1. Persons performing managerial functions in the state organizations and the organizations in which authorized capital the share of the state constitutes more than fifty percent including in national managing holdings, national holdings, the national companies, national institutes of development which shareholder is the state, their affiliated organizations which more than fifty percent of voting shares (shares) belong to them and also legal entities whose more than fifty percent of voting shares (shares) belong to the specified affiliated organizations, persons are recognized this Law, it is permanent, temporary or on special power the performing organizational and administrative or administrative functions in the specified organizations.";

Item 1 of Article 8 to state 2) in the following edition:

"1. Persons applying for accomplishment of the state functions, occupation of the state positions or for accomplishment of managerial functions in the state organizations and the organizations in which authorized capital the share of the state constitutes more than fifty percent including in national managing holdings, national holdings, the national companies, national institutes of development which shareholder is the state, their affiliated organizations which more than fifty percent of voting shares (shares) belong to them and also legal entities whose more than fifty percent of voting shares (shares) belong to the specified affiliated organizations assume established by this Law and other laws of restriction for the purpose of non-admission of actions which can lead to use of their status and the authority on private, group and other not office interests based on it, at the same time specified persons are informed of consequence in law of such actions.";

Item 1 of Article 10 to state 3) in the following edition:

"1. To the official and other persons authorized on accomplishment of the state functions and persons equated to them (except for deputies of the maslikhats performing the activities not on constant or the exempted basis and also persons specified in the subitem 2) of Item 3 of article 3 of this Law and part two of this Item), it is forbidden to be engaged in other paid activities, except pedagogical, scientific and other creative activities.

The persons performing managerial functions in the organizations entering into group of National welfare fund, having the right to hold paid positions in governing bodies, the supervisory boards, executive bodies of other organizations entering into group of National welfare fund.";

The subitem 3) of Item 1 of Article 12 to state 4) in the following edition:

"3) provision of the benefits (protectionism, domesticity) which are not provided by the law in case of receipt and promotion on public service and in the state organizations and the organizations in which authorized capital the share of the state constitutes more than fifty percent, including in national managing holdings, national holdings, the national companies, national institutes of development which shareholder is the state, their affiliated organizations which more than fifty percent of voting shares (shares) belong to them, and also legal entities whose more than fifty percent of voting shares (shares) belong to the specified affiliated organizations.".

4. 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; No. 16, Art. 129):

in Item 3 of Article 18-4:

third parts two after the word of "percent" to add the paragraph with the word of "voting";

third to state part in the following edition:

"Indirect accessory means accessory on the property right or trust management of shares (shares in the authorized capital) subjects of natural monopolies through the subsequent organization to national managing holding.".

5. In the Law of the Republic of Kazakhstan of May 13, 2003 "About joint-stock companies" (Sheets of Parliament of the Republic of Kazakhstan, 2003, No. 10, Art. 55; No. 21-22, of Art. 160; 2004, No. 23, Art. 140; 2005, No. 14, Art. 58; 2006, No. 10, Art. 52; No. 16, Art. 99; 2007, No. 4, Art. 28, 33; No. 9, Art. 67; No. 20, Art. 153; 2008, No. 13-14, of Art. 56; No. 17-18, of Art. 72; No. 21, Art. 97; 2009, No. 2-3, of Art. 18; No. 17, Art. 81; No. 24, Art. 133; 2010, No. 5, Art. 23; 2011, No. 2, Art. 21; No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50):

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

"2-1. Provisions of this Law are applied to National welfare fund and group of National welfare fund, and other legal entities controlled by it if other is not provided by the Law of the Republic of Kazakhstan "About National welfare fund".";

Item 1 of Article 34-1 to state 2) in the following edition:

"1. Purchases of goods, works and services, including placement of the guaranteed order, to the national managing director of holding, except for National welfare fund, national holdings, the national companies and the organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, except for National welfare fund, to national holding, the national company, are performed on the basis of standard rules of purchases of the goods, works and services approved by the Government of the Republic of Kazakhstan.";

Item 1-1 of Article 36 to state 3) in the following edition:

"1-1. Features of competence of the single shareholder of national managing holdings, national holdings are established by the Law of the Republic of Kazakhstan "About state-owned property".";

Item 3-1 of Article 53 to state 4) in the following edition:

"3-1. Features of competence of the board of directors of national managing holdings, national holdings are established by the Law of the Republic of Kazakhstan "About state-owned property".";

The subitem 1) of Item 2 of Article 62 to state 5) in the following edition:

"1) to be effective according to requirements of the legislation of the Republic of Kazakhstan, the charter and internal documents of society on the basis of knowledge, transparency, for the benefit of society and its shareholders;".

6. 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):

in the subitem 3) of Item 7 of article 77 after the word in "percent" to add with the word of "voting".

7. In the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" (Sheets of Parliament of the Republic of Kazakhstan, 2011, No. 5, Art. 42; No. 15, Art. 118; No. 16, Art. 129; 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):

Item 4 of Article 166 to state 1) in the following edition:

"4. Purchases of goods, works and services, including placement of the guaranteed order, to the national managing director of holding, except for National welfare fund, national holdings, the national companies and the organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, except for National welfare fund, to national holding, the national company, are performed on the basis of standard rules of purchases of the goods, works and services approved by the Government of the Republic of Kazakhstan.";

2) in Article 184:

state item 4 in the following edition:

"4. Drafts of development strategies and development plans for national managing holdings, except for National welfare fund, national holdings, the national companies which shareholder is the state are approved with authorized body on state planning on compliance to the purposes and tasks stated in strategic and program documents of the Republic of Kazakhstan and authorized body on budgetary planning on compliance to the budget parameters specified in the forecast of social and economic development.";

state Item 9 in the following edition:

"9. Hearing of results of activities of the national companies which shareholder is the state is performed on annual basis by the state body performing rights of possession and uses of the state block of shares.

Hearing of results of activities of the national companies which shareholders are national managing holdings, national holdings is performed on annual basis by the board of directors of national managing holdings, national holdings.

The report on results of hearing of activities of the national companies, except for the national companies which shareholder is the National welfare fund according to this Item is submitted to authorized body on state planning and authorized body on state-owned property.";

The subitem 2) of Item 7 of Article 198 to state 3) in the following edition:

"2) legal entities with participation of the state, including joint-stock companies and limited liability partnerships with participation of the state, including national managing holdings, except for National welfare fund, national holdings, the national companies which shareholder is the state;".

Article 2. This Law becomes effective after ten calendar days after its first official publication.

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