LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 8, 2013 No. 64-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning optimization and automation of socially important state services

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. 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. 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. of 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; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 84, 85; No. 13, Art. 91; No. 14, Art. 92, 93, 94; No. 15, Art. 97; The law of the Republic of Kazakhstan of November 26, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning activities of the microfinancial organizations", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on December 5, 2012):

state Article 508 in the following edition:

"Article 508. Non-execution by citizens of obligations on military accounting

Absence of the citizen consisting or obliged to stay on the military registry on challenge of local body of military management in the specified time without reasonable excuse - attracts the prevention or penalty in the amount of one second to five monthly settlement indicators.".

2. 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; 2012, No. 1, Art. 5; No. 2, Art. 9, 11; No. 3, Art. 27; No. 4, Art. 32; No. 5, Art. 35; No. 8, Art. 64; No. 11, Art. 80; No. 14, Art. 95; No. 15, Art. 97):

1) in Article 14-1:

15) of Item 1 to exclude the subitem;

8) of Item 2 to exclude the subitem;

13) of Item 3 to exclude the subitem;

2) in Article 43:

the sixth Item 7 to state part in the following edition:

"Production and issue of the identification document on the parcel of land are performed by the republican state companies performing maintaining the state land cadastre, within six working days according to the procedure, established by the legislation of the Republic of Kazakhstan.";

the paragraph one of part one of Item 9 to state in the following edition:

"9. The identification documents on the parcel of land issued by the republican state companies performing maintaining the state land cadastre are:";

The paragraph the fourth parts two of Item 3 of Article 47 to exclude 3);

The subitem 9) of Item 1 of article 153 after the word "production" to add 4) with the words "and issue".

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, No. 2-3, of the Art. 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; No. 16, Art. 128; No. 20, Art. 151; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 11, 15; No. 3, Art. 21, 22, 25, 27; No. 4, Art. 32; No. 5, Art. 35; No. 6, Art. 43, 44; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 13, Art. 91; No. 14, Art. 92; No. 15, Art. 97; The Law of the Republic of Kazakhstan of November 26, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning activities of the microfinancial organizations", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on December 5, 2012):

1) in Article 557:

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

"8) about the following registration data of the taxpayer (tax agent):

identification number;

surname, name, middle name (in case of its availability) physical person, the head of the legal entity;

name of the individual entrepreneur, legal entity;

date of statement on registration accounting, date of removal from registration accounting, the reason of removal from registration accounting of the taxpayer (tax agent);

start and end date of suspension of operations;

residence of the taxpayer;

registration room of cash register in tax authority;

place of use of cash register;";

add Item 3 with subitems 11) and 12) of the following content:

"11) to service centers of the population and state bodies regarding the data necessary for rendering the state services.

The list of the data which are tax secret, and procedure for their representation is established by authorized body together with authorized state body in the field of informatization and the state bodies specified in this subitem;

12) to the authorized state body performing state registration, re-registration and liquidation of legal entities, accounting registration, re-registration, removal from accounting registration of structural divisions and also authorized state body concerning population shift regarding data on lack (availability) of tax debt, debt on the compulsory pension contributions and social assignments which are tax secret.";

Article 565 to state 2) in the following edition:

"Article 565. Statement on registration accounting as the individual entrepreneur, the private notary, the private legal executive, the lawyer

1. Statement of physical person on registration accounting as the individual entrepreneur is made by tax authority with issue of the certificate on state registration of the individual entrepreneur according to the procedure and terms which are determined by the legislation of the Republic of Kazakhstan on private entrepreneurship.

2. Tax authorities do not make statement of physical person on registration accounting as the individual entrepreneur whose activities as the individual entrepreneur are not allowed by the legislation of the Republic of Kazakhstan.

3. Statement of physical person on registration accounting as the private notary, the private legal executive, the lawyer is made based on the tax statement of physical person for registration accounting of the individual entrepreneur, the private notary, the private legal executive, the lawyer provided to tax authority in the location prior to implementation of notarial activities, activities for execution of executive documents, lawyer activities.

Copies of the following documents with presentation of originals are attached to the tax application submitted for statement on registration accounting as the private notary, the private legal executive, the lawyer:

proving the identity;

licenses for the occupation right private notarial, lawyer activities, activities for execution of executive documents;

the private notary confirming the location, the private legal executive, the lawyer.

The document confirming the location of the private notary, private legal executive, lawyer is the document confirming the property right to real estate or uses to them.

In case of submission of the tax statement in electronic form by means of the web portal of "the electronic government" the documents provided by this Item are not represented.

4. Tax authorities within one working day from the moment of receipt of the tax statement make statement of physical person on registration accounting as the private notary, the private legal executive, the lawyer or refuse such statement.

The refusal directed by physical person on registration accounting as the private notary, the private legal executive, the lawyer is made by tax authority if:

1) the data of the identity document specified in the tax statement do not correspond to the data containing in national registers of identification numbers;

2) these licenses for the right of implementation of notarial activities, activities for execution of executive documents, lawyer activities specified in the tax statement do not correspond to the data containing in the state electronic register of licenses;

3) the location specified in the tax statement is absent in the information system "Address Register".";

Article 581 to add 3) with subitem 3-1) of the following content:

"3-1) in case of acceptance of payment documents in tax payment on the vehicle to control correctness of specifying of vehicle identification number according to data of the central executive body on traffic safety.

The banks or the organizations performing separate types of banking activities refuse the acceptance of the payment document on tax payment on the vehicle in case of discrepancy of vehicle identification number specified in the payment document with the data provided by the central executive body on traffic safety;";

Item 1 of Article 598 to state 4) in the following edition:

"1. The taxpayer (tax agent) has the right to submit to tax authority in the place of registration accounting either through service center of the population or through the web portal of "the electronic government" the tax statement for receipt of data on lack (availability) of tax debt, debt on compulsory pension contributions and social assignments.".

4. In the Code of the Republic of Kazakhstan of September 18, 2009 "About health of the people and health care system" (Sheets of Parliament of the Republic of Kazakhstan, 2009, No. 20-21, of Art. 89; 2010, No. 5, Art. 23; No. 7, Art. 32; No. 15, Art. 71, No. 24, Art. 149, 152; 2011, No. 1, Art. 2, 3; No. 2, Art. 21; No. 11, Art. 102; No. 12, Art. 111; No. 17, Art. 136; No. 21, Art. 161; 2012, No. 1, Art. 5; No. 3, Art. 26; No. 4, Art. 32; No. 8, Art. 64; No. 12, Art. 83; No. 14, Art. 92, 95; No. 15, Art. 97):

Item 1 of Article 7 to add 1) with the subitem 73) of the following content:

"73) to approval of procedure for performing medical examinations of persons applying for receipt of the right of control of vehicles.";

Item 2 of Article 28 to state 2) in the following edition:

"2. Submission of data on the state of health from physical persons (patients) for forming of electronic information resources of health care is performed from written consent of physical person (patient) or his legal representative, except as specified, 94 of this Code specified in Item 1 of Article.";

Article 88 to add 3) with Item 6 of the following content:

"6. Citizens have the right to receive electronic state services in the field of health care through the web portal of "the electronic government" according to the procedure, determined by the Government of the Republic of Kazakhstan.".

5. In the Code of the Republic of Kazakhstan of June 30, 2010 "About customs affairs in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2010, No. 14, Art. 70; No. 24, Art. 145; 2011, No. 1, Art. 3; No. 11, Art. 102; No. 19, Art. 145; 2012, No. 2, Art. 15; No. 13, Art. 91; No. 15, Art. 97):

to state part one of Item 3 of Article 11 in the following edition:

"3. Customs authorities can be located in the territory and (or) in placements of customs terminals, the airports, ports, railway stations, places of the international post exchange, service centers of the population, and also on the territories and (or) in the rooms belonging to persons performing activities in the field of customs affairs.".

6. In the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" (Sheets of Parliament of the Republic of Kazakhstan, 2011, No. 22, the Art. 174):

Item 1 of Article 188 to state 1) in the following edition:

"1. State registration of the birth of the child is made by registering bodies in the birthplace of the child or at the place of residence of parents or one of them.

Documents acceptance for state registration of the birth of the child is performed by registering body, and also service centers of the population or by means of the web portal of "the electronic government". The residence of parents is determined according to their legal address.";

Article 190 to state 2) in the following edition:

"Article 190. Statement for state registration of the birth of the child

1. The application for state registration of the birth of the child is submitted in writing by parents or one of them, and in case of their death, disease or impossibility for other reasons to make the statement - interested persons or administration of the medical organization in which there was mother in case of the child's birth. Copies of identity documents of parents, and also certificates on marriage (matrimony) are enclosed to the application.

In case of registration of the birth of the child with violation of fixed term are in addition applied explanatory parents, the certificate of lack of the birth record in the birthplace of the child and the residence of parents, the health declaration of the child.

If not parents, but other persons addressed for state registration of the birth of the child, then the identity document of the applicant, and also the document confirming its powers on registration of the birth of the child shall be submitted by these persons.

In case of state registration of two or more children the application is submitted concerning everyone separately.

2. In case of the appeal to service center of the population or by means of the web portal of "the electronic government" the application for state registration of the birth of the child is submitted according to the standard of the state service.".

7. In the Law of the Republic of Kazakhstan of December 21, 1995 "About law-enforcement bodies of the Republic of Kazakhstan" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1995, No. 23, Art. 154; Sheets of Parliament of the Republic of Kazakhstan, 1997, No. 7, Art. 79; No. 12, Art. 184; 1998, No. 17-18, of Art. 225; No. 23, Art. 416; No. 24, Art. 436; 1999, No. 8, Art. 233, 247; No. 23, Art. 920; 2000, No. 3-4, of Art. 66; 2001, No. 13-14, of Art. 174; No. 17-18, of Art. 245; No. 20, Art. 257; No. 23, Art. 309; 2002, No. 17, Art. 155; 2003, No. 12, Art. 82; 2004, No. 23, Art. 142; No. 24, Art. 154, 155; 2006, No. 1, Art. 5; No. 3, Art. 22; 2007, No. 2, Art. 18; No. 3, Art. 20; No. 9, Art. 67; No. 10, Art. 69; 2008, No. 15-16, of Art. 61; 2009, No. 8, Art. 44; No. 18, Art. 84; No. 19, Art. 88; 2010, No. 5, Art. 23; No. 7, Art. 28, 32; No. 8, Art. 41; No. 24, Art. 149; 2011, No. 1, Art. 2, 3; No. 2, Art. 25; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 3, Art. 26; No. 4, Art. 32; No. 5, Art. 35; No. 8, Art. 64; No. 15, Art. 97):

Item 1 of Article 2 to add 1) with subitem 18-1) of the following content:

"18-1) implementation of state registration and accounting of separate types of vehicles on vehicle identification number according to the procedure, determined by the Government of the Republic of Kazakhstan;";

The subitem 28) of Item 1 of Article 5-1 to state 2) in the following edition:

"28) coordinates the organization of safety of traffic, develops procedure for state registration and accounting of separate types of vehicles on vehicle identification number, determines order of registration and accounting of persons using them, including by proxy, acceptance of examinations and certification on the right of management, makes the admission to participation in traffic of separate types of vehicles and grants the right to management of them;".

8. In the Law of the Republic of Kazakhstan of July 15, 1996 "About traffic safety" (Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 14, Art. 273; 2001, No. 24, Art. 338; 2003, No. 10, Art. 54; No. 12, Art. 82; 2004, No. 23, Art. 142; 2005, No. 7-8, of Art. 23; 2006, No. 1, Art. 5; No. 24, Art. 148; 2007, No. 2, Art. 18; 2008, No. 13-14, of Art. 54; No. 23, Art. 114; 2009, No. 23, Art. 100; 2010, No. 24, Art. 146; 2011, No. 1, Art. 7; No. 2, Art. 25; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 8, Art. 64; No. 15, Art. 97):

Article 1 to add 1) with subitems 10-1) and 11-1) of the following content:

"10-1) unified information system of state registration of vehicles and trail cars to them - the state information system providing centralized accounting of information about owners of vehicles and trail cars to them, vehicles and trail cars to them with obligatory content of vehicle identification number and also the granted registration certificates of vehicles, the state registration registration plates;";

"11-1) vehicle identification number - the individual serial number of the vehicle expressed as consecutive alphanumeric symbols, appropriated by the producer of the vehicle, allowing to make vehicle identification in unified information system of state registration of vehicles and trail cars to them;";

Article 6 to add 2) with the paragraph the fourteenth the following content:

"determination of procedure for state registration and accounting of separate types of vehicles on vehicle identification number;";

Article 7 to add 3) with the paragraph the thirteenth the following content:

"determination of procedure for representation and data presentation on vehicle identification number to the banks and the organizations performing separate types of banking activities for execution of the obligations provided by the tax legislation of the Republic of Kazakhstan by them in coordination with National Bank of the Republic of Kazakhstan;";

Item 6 of Article 15 to state 4) in the following edition:

"6. The procedure for the admission of persons to examinations on the right of control of vehicles, their delivery, certification on the right of control of vehicles is established by the central executive body on traffic safety.";

Article 18 to add 5) with Item 7 of the following content:

"7. State registration of vehicles is made in unified information system of state registration of vehicles and trail cars to them.".

9. In the Law of the Republic of Kazakhstan of June 20, 1997 "About provision of pensions in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 1997, No. 12, Art. 186; 1998, No. 24, Art. 437; 1999, No. 8, Art. 237; No. 23, Art. 925; 2001, No. 17-18, of Art. 245; No. 20, Art. 257; 2002, No. 1, Art. 1; No. 23-24, of Art. 198; 2003, No. 1-2, of Art. 9; No. 11, Art. 56; No. 15, Art. 139; No. 21-22, of Art. 160; 2004, No. 11-12, of Art. 66; No. 23, Art. 140, 142; 2005, No. 7-8, of Art. 19; No. 11, Art. 39; No. 14, Art. 55, 58; No. 23, Art. 104; 2006, No. 3, Art. 22; No. 8, Art. 45; No. 12, Art. 69; No. 23, Art. 141; 2007, No. 2, Art. 18; No. 3, Art. 20; No. 4, Art. 28, 30; No. 9, Art. 67; No. 10, Art. 69; No. 24, Art. 178; 2008, No. 17-18, of Art. 72; No. 20, Art. 88; No. 23, Art. 114, 123; 2009, No. 17, Art. 81; No. 19, Art. 88; No. 23, Art. 111; 2010, No. 5, Art. 23; No. 7, Art. 28; No. 15, Art. 71; No. 24, Art. 140; 2011, No. 1, Art. 3; No. 6, Art. 49; No. 11, Art. 102; No. 14, Art. 117; No. 24, Art. 196; 2012, No. 2, Art. 14, 15; No. 3, Art. 26; No. 4, Art. 32; No. 10, Art. 77; No. 13, Art. 91; No. 14, Art. 95):

in Article 50:

state Item 2 in the following edition:

"2. Officials, employees of the accumulation pension funds, the Center, service centers of the population and other persons who owing to implementation of the service and functional duties got access to the data which are secret of the pension accruals having no right to disclose the data which are secret of pension accruals and bear for their disclosure responsibility according to the laws of the Republic of Kazakhstan, except as specified, provided by Items 3-5 of this Article.";

add item 4 with the subitem 8) of the following content:

"8) to service centers of the population for rendering the state services based on the statement of the receiver or his representative based on notarially certified power of attorney.".

10. In the Law of the Republic of Kazakhstan of July 14, 1997 "About notariate" (Sheets of Parliament of the Republic of Kazakhstan, 1997, No. 13-14, of Art. 206; 1998, No. 22, Art. 307; 2000, No. 3-4, of Art. 66; 2001, No. 15-16, of Art. 236; No. 24, Art. 338; 2003, No. 10, Art. 48; No. 12, Art. 86; 2004, No. 23, Art. 142; 2006, No. 11, Art. 55; 2007, No. 2, Art. 18; 2009, No. 8, Art. 44; No. 17, Art. 81; No. 19, Art. 88; No. 23, Art. 100; 2010, No. 17-18, of Art. 111; 2011, No. 11, Art. 102; No. 21, Art. 172; 2012, No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 84):

to state Item 2 of Article 18 in the following edition:

"2. Provision of data and information on notarial actions to authorized body on financial monitoring for the purpose of and procedure, the income provided by the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) gained in the illegal way, and to terrorism financing", and also the direction of the electronic copy of the title document, the witnessed digital signature of the notary, by means of single notarial information system in information system of the legal inventory according to the procedure, provided by the Law of the Republic of Kazakhstan "About state registration of the rights to real estate", are not disclosure of mystery of notarial actions.".

11. In the Law of the Republic of Kazakhstan of June 30, 1998 "About registration of pledge of personal estate" (Sheets of Parliament of the Republic of Kazakhstan, 1998, No. 13, Art. 196; 2003, No. 11, Art. 67; 2004, No. 23, Art. 140; 2006, No. 23, Art. 141; 2009, No. 19, Art. 88; No. 24, Art. 134; 2011, No. 3, Art. 32; 2012, No. 8, Art. 64; No. 14, Art. 95):

Article 9 to state 1) in the following edition:

"Article 9. Statement for registration of pledge of personal estate

1. For registration of pledge of personal estate the applicant or his representative submits the filled form of the statement to registering body and (or) the center for the real estate or through service center of the population.

2. The statement shall contain:

1) name of registering body and (or) center for real estate;

2) the name, the location (for the legal entity) or surname, name, middle name (in case of its availability), the residence (for physical person) the pledger and the pawnbroker;

3) date and the place of agreement about pledge or other agreement containing conditions about pledge;

4) the list and the description of the property which is pledge subject (data on pledge subject);

5) cash equivalent of the obligation provided with pledge;

6) effective period of the obligation provided with pledge;

7) the signature of the applicant or his representative and seal - for the legal entity;

8) specifying about what party has pledged property, admissibility of its use and data on repledge;

9) e-mail address of the applicant (in the presence).

The document confirming payment in the budget of collection for state registration of pledge of personal estate shall be enclosed to the application.

In case of filing of application or through service center of the population the applicant shall submit the identity document to registering body and (or) the center for the real estate, and the representative of person - the document confirming its powers, and also the identity document.

3. With the statement the pledge agreement or other agreement containing conditions of pledge which after check by registering body and (or) center for the real estate of the data containing in the statement with mark about registration returns to the applicant is submitted.

4. The requirement of any other documents and data, except provided by this Law, is not allowed.

5. Verification of the data containing in the statement, and registration of pledge of personal estate are performed by registering body and (or) the center for the real estate within two working days from the moment of receipt of the statement.";

To add 2) with Article 9-3 of the following content:

"Article 9-3. Procedure for electronic registration of pledge of personal estate through banks of the second level

1. In case of the conclusion physical persons or legal entities of the pledge agreement or other contract containing data on pledge with bank of the second level the bank of the second level from written consent of physical person or legal entity directs to information system of registering body the application certified by the digital signature of the pawnbroker on registration of pledge of personal estate. Contents of the registration application of pledge of personal estate are determined by Item 2 of article 9 of this Law.

The pledge agreement of personal estate or other agreement containing data on pledge, in electronic form, the pledger certified by digital signatures and the pawnbroker, and data on details of the document confirming payment in the budget of collection for state registration of pledge of personal estate are enclosed to the registration application of pledge of personal estate.

The registering body within one working day after obtaining directs applications with the enclosed documents to information system of the pawnbroker and on the web portal of "the electronic government" to the pledger the registration certificate of pledge of personal estate in electronic form or the motivated answer about refusal in the registration certified by the digital signature of registering body.

2. Information on the carried-out registration is stored in information systems of bank of the second level and registering body and does not require documentary confirmation.";

Article 10 to add 3) with Item 2-1 of the following content:

"2-1. Electronic registration of pledge of personal estate is made within one working day from the moment of receipt in information system of registering body of confirmation about payment of collection for state registration of pledge of personal estate or about collection exemption.".

12. In the Law of the Republic of Kazakhstan of November 27, 2000 "About ministerial procedures" (Sheets of Parliament of the Republic of Kazakhstan, 2000, No. 20, Art. 379; 2004, No. 5, Art. 29; 2007, No. 12, Art. 86; No. 19, Art. 147; 2008, No. 21, Art. 97; 2009, No. 15-16, of Art. 74; No. 18, Art. 84; 2010, No. 5, Art. 23; No. 7, Art. 29; No. 17-18, of Art. 111; 2011, No. 1, Art. 2; No. 7, Art. 54; No. 11, Art. 102; No. 12, Art. 111; No. 15, Art. 118; 2012, No. 8, Art. 64; No. 13, Art. 91; No. 15, Art. 97):

add Article 15-1 with Items 7 and 8 of the following content:

"7. Several electronic state services based on one statement can be rendered to receivers of electronic state service.

The list of the electronic state services rendered based on one statement is established by the Government of the Republic of Kazakhstan.

8. Receivers of the state services in case of the address to subjects of rendering the state services or in service center of the population behind receipt of the state services have the right to agree to submission of the data which are the secret protected by the law if other is not provided by the laws of the Republic of Kazakhstan.".

13. 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; No. 16, Art. 129; 2012, No. 2, Art. 11; No. 3, Art. 21; No. 5, Art. 35; No. 8, Art. 64; No. 14, Art. 92):

Article 6 to add 1) with Item 2-3 of the following content:

"2-3. To competence of maslikhats of the area (the city of regional value), the cities of republican value, the capital approval of rules of rendering the public assistance, establishment of the sizes and determination of the list of separate categories of the needing citizens belongs.";

Article 27 to add 2) with Item 1-2 of the following content:

"1-2. The akimat of the city of republican value, capital develops rules of rendering the public assistance, establishment of the sizes and determination of the list of separate categories of the needing citizens on the basis of the standard rules approved by the Government of the Republic of Kazakhstan.";

Item 1 of Article 31 to add 3) with the subitem 24) of the following content:

"24) develops rules of rendering the public assistance, establishment of the sizes and determination of the list of separate categories of the needing citizens on the basis of the standard rules approved by the Government of the Republic of Kazakhstan.".

14. In the Law of the Republic of Kazakhstan of January 23, 2001 "About employment of the population" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 3, Art. 18; 2004, No. 2, Art. 10; 2005, No. 7-8, of Art. 19; No. 17-18, of Art. 76; 2006, No. 3, Art. 22; No. 10, Art. 52; 2007, No. 2, Art. 14, 18; No. 3, Art. 20; No. 8, Art. 52; No. 9, Art. 67; No. 15, Art. 106; No. 20, Art. 152; 2009, No. 1, Art. 4; No. 9-10, of Art. 50; No. 18, Art. 84; 2010, No. 5, Art. 23; No. 8, Art. 41; No. 24, Art. 149; 2011, No. 1, Art. 2; No. 2, Art. 21; No. 10, Art. 86; No. 11, Art. 102; No. 12, Art. 111; No. 16, Art. 128; 2012, No. 2, Art. 11, 14; No. 5, Art. 35; No. 8, Art. 64; No. 13, Art. 91; No. 15, Art. 97; The Law of the Republic of Kazakhstan of November 26, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning activities of the microfinancial organizations", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on December 5, 2012):

The subitem 4) of Item 1 of Article 8 to state 1) in the following edition:

"4) no later than five working days from the date of the address of persons to register, register them;";

Article 15 to state 2) in the following edition:

"Article 15. Registration of the unemployed

1. Persons who are looking for work address for assistance in employment in authorized body at the place of residence or through the web portal of "the electronic government".

2. The authorized body performs registration of person who is looking for work as the unemployed based on the identity document, and in case of the address through the web portal of "the electronic government" based on the statement in electronic form.

3. The authorized body no later than five working days from the date of the address registers the addressed persons as the unemployed after verification of data on the applicant through information systems of state bodies and (or) organizations by entering of data in card of personal accounting which form affirms the central executive body.

The authorized body informs the applicant from the date of registration and registration as the unemployed or refusal in registration not later:

1) one working day in case of the address through the web portal of "the electronic government";

2) three working days in case of the appeal to authorized body.

4. The unemployed registered in authorized body shall at least once within ten calendar days be noted in authorized body, and the unemployed living in rural settlements - at least once a month at the akim of the settlement, the aul (village), the aulny (rural) district.".

15. In the Law of the Republic of Kazakhstan of June 28, 2005 "About public welfare payments to the families having children" (Sheets of Parliament of the Republic of Kazakhstan, 2005, No. 12, Art. 44; 2007, No. 24, Art. 178; 2009, No. 23, Art. 111):

1) in Article 1:

10) to state the subitem in the following edition:

"10) authorized organization (further - the Center) - the republican state state company created according to the decision of the Government of the Republic of Kazakhstan;";

add with the subitem 11) of the following content:

"11) department of authorized organization (further - department of the Center) - city, district departments of authorized organization.";

Article 5 to state 2) in the following edition:

"Article 5. Request for purpose of benefits

1. The request for purpose of benefits is performed after emergence of the right to benefits.

2. The statement for purpose of benefit with application of documents which list is determined by the Government of the Republic of Kazakhstan moves at the place of residence of the family having the right on:

1) benefit for the birth, attendance allowance, benefit bringing up the handicapped child, - in department of the Center or service center of the population;

2) child allowance, - in authorized body to destination and allowance payment on children or service center of the population.

In the absence of authorized body to destination and allowance payment on children at the place of residence the applicant for purpose of child allowance addresses the akim of the settlement, aul (village), aulny (rural) district.

Persons have the right to address for purpose of benefit for the birth and attendance allowances through the web portal of "the electronic government".

In case of impossibility of the personal address of one of parents, guardians or custodians with the statement for purpose of benefits parents, guardians or custodians have the right to authorize other persons on the address with the statement for purpose of benefits based on the power of attorney issued in accordance with the established procedure.

3. The service center of the population within three working days from the date of adoption of the statement directs electronic copies of the application, the documents and data provided by the applicant in the original and also the electronic documents and data received from information systems of state bodies and (or) the organizations in department of the Center or authorized body to destination and allowance payment on children.

4. In case of representation by state bodies and (or) organizations of the electronic documents confirming lack of required information about the applicant in information systems, the departments of the Center or authorized body which performed request to destination and allowance payment on children or service center of the population notify the applicant on need of submission of originals of documents for reduction in compliance of information about the applicant in information systems according to the procedure and the terms determined by the Government of the Republic of Kazakhstan.

In case of confirmation information systems in accordance with the established procedure of availability of earlier being absent information about the applicant in the afternoon of purpose of benefit for the birth, attendance allowances, benefits bringing up the handicapped child, child allowances day of the request of the applicant for appointment in department of the Center or authorized body to destination and allowance payment on children or service center of the population is considered.

5. Circulation periods behind purpose of benefit for the birth and attendance allowances cannot exceed twelve months since the birth of the child.

6. The applicant shall represent complete and authentic data according to the legislation of the Republic of Kazakhstan.";

3) in Article 6:

add with Item 1-2 of the following content:

"1-2. The authorized body to destination and allowance payment to children or the akim of the settlement, aul (village), aulny (rural) district after adoption of documents for purpose of child allowance within two working days transfers them to precinct election commissions for preparation of the conclusion.

Precinct election commissions within three working days from the date of receipt of documents from authorized body or the akim of the settlement, the aul (village), the aulny (rural) district prepare the conclusion based on the submitted documents and (or) results of inspection of financial position of the applicant and transfer him to authorized body to destination and allowance payment to children or to the akim of the settlement, aul (village), aulny (rural) district.

The akim of the settlement, aul (village), aulny (rural) district in case of adoption of documents from the applicant transfers them no later than fifteen working days from the date of obtaining with appendix of the conclusion of the precinct election commission to authorized body to destination and allowance payment on children.";

state Item 2 in the following edition:

"2. The statement with necessary documents, including electronic, are considered by the relevant authorized body from the date of their registration in department of the Center or in authorized body to destination and allowance payment on children, and in the case provided by part one of item 4 of article 5 of this Law - from the date of confirmation by information systems of state bodies and (or) organizations of information about the applicant during:

1) seven working days - for purpose of benefit for the birth, attendance allowance, child allowance;

2) ten working days - for purpose of benefit bringing up the handicapped child. Purpose of child allowance is performed based on the documents and data provided by the applicant and also the electronic documents and data received by authorized body to destination and allowance payment on children or service center of the population from information systems of state bodies and (or) the organizations, and the conclusion of the precinct election commission.

The relevant authorized body informs the applicant no later than five working days on the made decision on appointment or refusal (with indication of the reason) in writing or by the direction of the electronic document through service center of the population or department of the Center, and in case of the address through the web portal of "the electronic government" - within one working day electronically.";

Item 4 of Article 9 to state 4) in the following edition:

"4. Calculation of comprehensive income of the family applying for receipt of child allowance is made according to the procedure, established by the Government of the Republic of Kazakhstan.";

Part one of Item 2 of Article 10 to state 5) in the following edition:

"2. The applicant within ten working days shall inform the relevant authorized body on circumstances which can form the basis for change of the size of benefit or the termination of its payment.".

16. In the Law of the Republic of Kazakhstan of January 31, 2006 "About private entrepreneurship" (Sheets of Parliament of the Republic of Kazakhstan, 2006, No. 3, Art. 21; No. 16, Art. 99; No. 23, Art. 141; 2007, No. 2, Art. 18; No. 3, Art. 20; No. 17, Art. 136; 2008, No. 13-14, of the Art. 57, 58; No. 15-16, of Art. 60; No. 23, Art. 114; No. 24, Art. 128, 129; 2009, No. 2-3, of the Art. 18, 21; No. 9-10, of the Art. 47, 48; No. 11-12, of Art. 54; No. 15-16, of the Art. 74, 77; No. 17, Art. 82; No. 18, Art. 84, 86; No. 19, Art. 88; No. 23, Art. 97; No. 24, Art. 125, 134; 2010, No. 5, Art. 23; No. 7, Art. 29; No. 15, Art. 71; No. 22, Art. 128; No. 24, Art. 149; 2011, No. 1, Art. 2; No. 2, Art. 26; No. 6, Art. 49; No. 11, Art. 102; 2012, No. 15, Art. 97; The Law of the Republic of Kazakhstan of November 26, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning activities of the microfinancial organizations", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on December 5, 2012):

in Article 27:

the second Item 1 to state part in the following edition:

"State registration of the physical persons performing private entrepreneurship without formation of legal entity consists in registration as the individual entrepreneur in tax authority in the location declared in case of state registration as the individual entrepreneur (further - registering body).";

to state part one of Item 3 in the following edition:

"3. The certificate on state registration of the individual entrepreneur (joint individual venture) is termless and it is represented in electronic form, the official of registering body certified by the digital signature.";

state item 4 in the following edition:

"4. For state registration as the individual entrepreneur the physical person represents to registering body:

1) the tax statement in the form approved by the Government of the Republic of Kazakhstan;

2) the document confirming payment in the budget of the amount of collection for state registration of individual entrepreneurs;

3) the document confirming the location of the individual entrepreneur.

The document confirming the location of the individual entrepreneur are the address reference or the document confirming the property right to real estate or uses to them.

In case of representation in attendance procedure for the documents specified in this Item, the physical person shows the identity document.

In case of submission of the tax statement in electronic form by means of the web portal of "the electronic government" submission of the document specified in the subitem 3) of this Item is not required. Payment in the budget of the amount of collection for state registration of individual entrepreneurs is made by means of payment gateway of "the electronic government".

In case of payment in the budget of the amount of collection for state registration of individual entrepreneurs through the banks or the organizations performing separate types of banking activities the notification of payment gateway of "the electronic government" created on the web portal of "the electronic government" when specifying in request of details of the payment document is attached to the tax application submitted in electronic form.

If the applicant did not reach full age age, the consent of legal representatives, and in the absence of it soglasiyaresheny vessels about the announcement of the minor sui juris is applied to above-mentioned documents.

Reclamation of other documents is forbidden.";

add with Item 4-1 of the following content:

"4-1. The registering body within one working day from the moment of representation by physical person of the documents specified in item 4 of this Article makes state registration of the individual entrepreneur (joint individual venture) or refuses such registration.

The refusal in state registration of the individual entrepreneur (joint individual venture) is made by tax authority if:

1) the applicant is the single founder (participant) and (or) the head of the idle legal entities and (or) is recognized as incapacitated or is limited capable, and (or) is acknowledged is unknown absent, and (or) is declared the dead, and (or) has the outstanding or not removed criminal record for crimes under Articles 192, 216 and 217 Criminal Codes of Kazakhstan;

2) the data of the identity document specified in the tax statement do not correspond to the data containing in national registers of identification numbers;

3) the location specified in the tax statement is absent in the information system "Address Register".";

add with Item 6-1 of the following content:

"6-1. For registration as the individual entrepreneur the applicant has the right to submit the tax application in registering body in attendance procedure on paper or in electronic form by means of the web portal of "the electronic government".

In case of registration as the individual entrepreneur of the physical person which did not reach full age age, the tax application is submitted in attendance procedure on paper.";

exclude Item 7.

17. In the Law of the Republic of Kazakhstan of July 26, 2007 "About state registration of the rights to real estate" (Sheets of Parliament of the Republic of Kazakhstan, 2007, No. 18, Art. 142; 2008, No. 23, Art. 114; No. 24, Art. 126; 2009, No. 2-3, of Art. 16; No. 8, Art. 41; No. 19, Art. 88; 2010, No. 7, Art. 28; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50; No. 15, Art. 118; No. 16, Art. 129; 2012, No. 8, Art. 64; No. 10, Art. 77; No. 14, Art. 95; The Law of the Republic of Kazakhstan of November 26, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning activities of the microfinancial organizations", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on December 5, 2012):

add Article 21 with Item 2-1 of the following content:

"2-1. The data which are the state information resources necessary for state registration of the rights to real estate, the registering body receives from the corresponding state information systems in the form of the electronic documents certified by digital signatures.".

18. In the Law of the Republic of Kazakhstan of February 16, 2012 "About military service and the status of the military personnel" (Sheets of Parliament of the Republic of Kazakhstan, 2012, No. 5, the Art. 40):

in Article 17:

2) of Item 1 to exclude the subitem;

state Item 8 in the following edition:

"8. Data on registration and removal from registration accounting of citizens at the place of residence are reported to local authorities of military management of the area (the city of regional value) by means of ensuring interaction of the state information systems of state bodies.";

exclude Item 9.

19. In the Law of the Republic of Kazakhstan of April 27, 2012 "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" (Sheets of Parliament of the Republic of Kazakhstan, 2012, No. 8, the Art. 64):

6) of Item 46 of Article 1 to state the paragraph of the seventh of the subitem in the following edition:

"from written consent of the owner sends the electronic copy of the title document certified by its digital signature by means of single notarial information system to information system of the legal inventory;".

Article 2. This Law becomes effective since January 1, 2013, except for the subitem 3) of Item 3, of the subitem 3) of Item 8, of the paragraph of the fifteenth Item 16 of Article 1, which become effective since July 1, 2013.

 

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