LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 27, 2012 No. 15-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning exception of contradictions, gaps, collisions between rules of law of the different legal acts and regulations promoting making of corruption offenses"

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

1. In the Civil code of the Republic of Kazakhstan (General part) accepted by the Supreme Council of the Republic of Kazakhstan on December 27, 1994 (Sheets of the Supreme Council of the Republic of Kazakhstan, 1994, No. 23-24 (appendix); 1995, No. 15-16, of Art. 109; No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 187; No. 14, Art. 274; No. 19, Art. 370; 1997, No. 12, Art. 8; No. 5, Art. 55; No. 12, Art. 183, 184; No. 13-14, of the Art. 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; No. 17-18, of the Art. 224, 225; No. 23, Art. 429; 1999, No. 20, Art. 727, 731; No. 23, Art. 916; 2000, No. 18, Art. 336; No. 22, Art. 408; 2001, No. 1, Art. 7; No. 8, Art. 52; No. 17-18, of Art. 240; No. 24, Art. 338; 2002, No. 2, Art. 17; No. 10, Art. 102; 2003, No. 1-2, of Art. 3; No. 11, Art. 56, 57, 66; No. 15, Art. 139; No. 19-20, of Art. 146; 2004, No. 6, Art. 42; No. 10, Art. 56; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 10, Art. 31; No. 14, Art. 58; No. 23, Art. 104; 2006, No. 1, Art. 4; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 2, Art. 18; No. 3, Art. 20, 21; No. 4, Art. 28; No. 16, Art. 131; No. 18, Art. 143; No. 20, Art. 153; 2008, No. 12, Art. 52; No. 13-14, of Art. 58; No. 21, Art. 97; No. 23, Art. 114, 115; 2009, No. 2-3, of the Art. 7, 16, 18; No. 8, Art. 44; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 125, 134; 2010, No. 1-2, of Art. 2; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 2, Art. 21, 28; No. 3, Art. 32; No. 4, Art. 37; No. 5, Art. 43; No. 6, Art. 50; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13, 15; No. 6, Art. 43):

Heading of Article 107 to state 1) in table of contents in the following edition:

"Article 107. Fund";

Part one of Item 3 of Article 34 to state 2) in the following edition:

"3. The legal entity, being non-profit organization, can be created in the form of organization, public association, joint-stock company, consumer cooperative, fund, religious consolidation and in other form provided by legal acts.";

Item 4 of Article 36 to state 3) in the following edition:

"4. Public associations, funds and religious associations treat legal entities on whose property their founders (participants) do not keep property rights.";

Article 107 to state 4) in the following edition:

"Article 107. Fund

1. Fund the non-profit organization which does not have membership founded by citizens and (or) legal entities on the basis of voluntary property contributions pursuing social, charitable, cultural, educational and other socially useful purposes is recognized.

2. The fund is legal entity, in civil circulation is provided by bodies of fund, has separate balance and the bank account.

3. The property given to fund by his founders is property of fund.

Founders of fund have no property rights on property of fund.

4. Financial source of fund are money, and also other property of founders, sponsorship, donations and other legal receipts.

5. The procedure for management of fund and procedure for forming of its bodies are determined by its charter approved by founders.

The fund charter, in addition to the data containing in Item 5 of Article of 41 of this Code shall contain instructions about bodies of fund, about procedure for appointment of officials of fund and their release, destiny of property of fund in case of its liquidation.

6. The fund shall publish annually reports on use of the property in official printing publications.

7. By a court decision the fund can be liquidated in cases:

1) if is not enough property of fund for implementation of its purposes and the probability of receipt of necessary property is unreal;

2) if the goals of fund cannot be achieved, and necessary changes of the purposes of fund cannot be made;

3) in case of evasion of fund in its activities from the purposes provided by the charter;

4) in other cases provided by legal acts or constituent documents.

8. The property which remained after liquidation of fund goes to the purposes provided by its charter.";

Item 3 of Article 244 to add 5) with part two of the following content:

"The property right of the builder to unauthorized construction on the parcel of land which is not belonging to it, except for the lands belonging to the state can be recognized court in the presence of the consent to it of the owner of the parcel of land with payment of compensation to the last on condition of construction compliance to requirements of the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities.";

6) change is made to the text of Article 301 in Kazakh, the text in Russian does not change.

2. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 16-17, of Art. 642; No. 23, Art. 929; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; No. 22, Art. 408; 2001, No. 23, Art. 309; No. 24, Art. 338; 2002, No. 10, Art. 102; 2003, No. 1-2, of Art. 7; No. 4, Art. 25; No. 11, Art. 56; No. 14, Art. 103; No. 15, Art. 138, 139; 2004, No. 3-4, of Art. 16; No. 5, Art. 25; No. 6, Art. 42; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 21-22, of Art. 87; No. 23, Art. 104; 2006, No. 4, Art. 24, 25; No. 8, Art. 45; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 3, Art. 21; No. 4, Art. 28; No. 5-6, of Art. 37; No. 8, Art. 52; No. 9, Art. 67; No. 12, Art. 88; 2009, No. 2-3, of Art. 16; No. 9-10, of Art. 48; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 3-4, of Art. 12; No. 5, Art. 23; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50, 53; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 2, Art. 13, 14,

15):

to state Item 2 of Article 1058 in the following edition:

"2. Rules of article 1057 of this Code are respectively applied to assignment which subject are the actions having property nature.".

3. In the Code of civil procedure of the Republic of Kazakhstan of July 13, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 18, Art. 644; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; 2001, No. 8, Art. 52; No. 15-16, of Art. 239; No. 21-22, of Art. 281; No. 24, Art. 338; 2002, No. 17, Art. 155; 2003, No. 10, Art. 49; No. 14, Art. 109; No. 15, Art. 138; 2004, No. 5, Art. 25; No. 17, Art. 97; No. 23, Art. 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 13, Art. 53; No. 24, Art. 123; 2006, No. 2, Art. 19; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72; No. 13, Art. 86; 2007, No. 3, Art. 20; No. 4, Art. 28; No. 9, Art. 67; No. 10, Art. 69; No. 13, Art. 99; 2008, No. 13-14, of Art. 56; No. 15-16, of Art. 62; 2009, No. 15-16, of Art. 74; No. 17, Art. 81; No. 24, Art. 127, 130; 2010, No. 1-2, of Art. 4; No. 3-4, of Art. 12; No. 7, Art. 28, 32; No. 17-18, of Art. 111; No. 22, Art. 130; No. 24, Art. 151; 2011, No. 1, Art. 9; No. 2, Art. 28; No. 5, Art. 43; No. 6, Art. 50; No. 14, Art. 117; No. 16, Art. 128, 129; No. 23, Art. 179; 2012, No. 2, Art. 14; No. 6, Art. 43, 44):

Heading of Article 383-3 to state 1) in table of contents in the following edition:

"Article 383-3. Procedure for reclamation of case, submission of the writ of appeal or protest";

Article 383-3 to state 2) in the following edition:

"Article 383-3. Procedure for reclamation of case, submission of the writ of appeal or protest

Writs of appeal and protests are addressed and filed a lawsuit directly cassation instance with copies on number of persons participating in case. Cassation protest, the claim of the prosecutor are taken to court cassation instance together with civil case.

In necessary cases the court can oblige person making the cassation complaint or protest, to provide copies attached to the claim or protest of written proofs on number of persons participating in case.

The civil case can be requested from the relevant court for check in cassation procedure by the prosecutors having rights of bringing of the prosecutor's appeal. The prosecutor's query about reclamation of case is solved by court only after accomplishment of legal proceedings for carrying out of the court resolutions which took legal effect.".

4. 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. 2122, 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; No. 16, Art. 128, 129; No. 17, Art. 136; No. 19, Art. 145; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 9, 11, 13, 14, 16; No. 3, Art. 21, 22, 25, 26, 27; No. 4, Art. 32; No. 5, Art. 35, 36):

1) in table of contents:

to state heading of Article 357-4 in the following edition:

"Article 357-4. Violation of the law of the Republic of Kazakhstan about state registration of legal entities and accounting registration of branches and representations";

to state heading of Article 378 in the following edition:

"Article 378. Violation by the owner of the dwelling or other persons under whose authority dwellings, buildings and (or) rooms, rules of registration of internal migrants are";

2) in part two of Article 3 of the word", the cities and areas" to exclude;

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

"3. In case of the lasting administrative offense, and also when making administrative offense in the field of finance and the budget encroaching on the interests of society and state, the edition and application of illegal regulatory legal act protected by the law and for abuse of regulations person is not subject to state registration of regulatory legal acts to administrative prosecution after two months from the date of detection of administrative offense.";

Paragraph one of Article 300 to state 4) in the following edition:

"Violation of the areas established by local representative bodies, the cities of republican value and the capital of rules of content and protection of green plantings -";

The subitem 9) of Article 310 to state 5) in the following edition:

"9) the violation of other regulatory legal acts in the field of veterinary science which did not entail spread of epizooty or other heavy effects, and also decisions of local executive bodies and representative bodies of areas, the city of republican value and the capital concerning fight against epizooty -";

Paragraph one of part one of Article 311 to state 6) in the following edition:

"1. Violation of the areas established by local representative bodies, the cities of republican value and the capital of rules of content of dogs in the cities and other settlements -";

Part one of Article 354 to state 7) in the following edition:

"1. Violation by officials of the rules of state registration of the regulatory legal acts affecting the rights, freedoms and obligations of citizens established by the legislation

attracts penalty in the amount up to twenty monthly settlement indicators.";

To state heading of Article 357-4 in the following edition:

"Article 357-4. Violation of the law of the Republic of Kazakhstan about state registration of legal entities and accounting registration of branches and representations";

9) in Article 377:

part two in paragraph one to replace the word "Action" with the word "Act";

part four in paragraph one to replace the word "Actions" with the word "Acts";

Article 378 to state 10) in the following edition:

"Article 378. Violation by the owner of the dwelling or other persons under whose authority dwellings, buildings and (or) rooms, rules of registration of internal migrants are

1. Assumption the owner of the dwelling or other persons under whose authority dwellings, buildings and (or) rooms, registration of physical persons which actually do not live in dwellings, buildings and (or) rooms belonging to the owner or being under authority of other persons are

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