of July 4, 2012 No. 25-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning power industry, investing activities of subjects of natural monopolies and the controlled market

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 (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; No. 8, Art. 64):

to state Item 1 of Article 488 in the following edition:

"1. Payment of energy is made for the amount of energy which is actually accepted by the subscriber determined according to indicators of metering devices, and in case of their absence or temporary violation - settlement way, except as specified uses of the automated system of commercial accounting of energy.".

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. 2122, 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. 78, 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; №3, of 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; №6, of 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; No. 8, Art. 64):

1) in table of contents:

to state heading of Article 127 in the following edition:

"Article 127. Illegal connection, energy use or waters";

to add heading of Article 147-6 with the words "and rendering service in maintenance of readiness of electric power";

to exclude heading of Article 147-9;

add with heading of Article 147-13 of the following content:

"Article 147-13. Violation of the law of the Republic of Kazakhstan about power industry";

to state heading of Article 223 in the following edition:

"Article 223. Violation of statutory rules of technical operation of power plants and networks, safe engineering in case of operation of the heatmechanical equipment of power plants and thermal networks, technical operation of electroinstallations of consumers, and also violation of the set energy consumption modes";

add with heading of Article 223-1 of the following content:

"Article 223-1. Violation of date of receipt of the passport of readiness";

Article 127 to state 2) in the following edition:

"Article 127. Illegal connection, energy use or waters

1. Illegal connection, use in the mercenary purposes of electrical and (or) heat energy

attract penalty on physical persons in the amount of fifty, on officials, individual entrepreneurs - in the amount of hundred, on the legal entities who are subjects of small or medium business or non-profit organizations - in the amount of two hundred, on the legal entities who are subjects of big business - in the amount of five hundred monthly settlement indicators.

2. Illegal connection, use in the mercenary purposes of water from water supply systems, and equally illegal connection to sewer networks

attract penalty on physical persons in the amount of thirty, on officials, individual entrepreneurs - in the amount of sixty, on the legal entities who are subjects of small or medium business or non-profit organizations - in the amount of hundred fifty, on the legal entities who are subjects of big business - in the amount of three hundred monthly settlement indicators.";

3) in Article 147-6:

add heading with the words "and rendering service in maintenance of readiness of electric power";

in paragraph one of part one of the word "respectively limiting, individual, constructed fare of electrical energy" shall be replaced with words "limiting rate for electrical energy";

add with part of 1-1 following content:

"1-1. Realization by the power making organization of service in maintenance of readiness of electric power for the price exceeding limiting rate for service in maintenance of readiness of electric power

attracts penalty on the legal entities who are subjects of medium or big business in the amount of hundred percent from income (revenue) gained as a result of making of administrative offense.";

to add part two paragraph two after the word "penalty" with the words "on legal entities";

add with parts 2-1, 2-2 and 2-3 of the following content:

"2-1. Illegal acquisition (purchase) by the power making organization of electrical energy from other power making organization

attracts penalty on the legal entities who are subjects of medium or big business in the amount of hundred percent from payment amount for the electrical energy acquired (purchased) as a result of making of administrative offense.

2-2. Realization (sale) by the power making organization of electrical energy to the power supplying, power transferring organizations and the consumers who are subjects of the wholesale market of electrical energy and not having the contract with the system operator for rendering service in ensuring readiness of electric power for execution of loading

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