LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 13, 2013 No. 102-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of powers between state bodies

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

1. 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; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 93; Art. No. 21-22, 124):

Article 317-12 to state 1) in the following edition:

"Article 317-12. Filing of application

The statement for expulsion of the foreigner or stateless person out of limits of the Republic of Kazakhstan for violation of the law of the Republic of Kazakhstan is filed a lawsuit by law-enforcement bodies in the place of stay and (or) registration of the foreigner or stateless person.";

Part third of Article 317-15 to state 2) in the following edition:

"3. The judgment goes for execution to law-enforcement bodies.".

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. 2122, 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; Art. No. 21-22, 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; 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; No. 910, Art. 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; 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; No. 20, Art. 121; No. 23-24, of Art. 125; 2013, No. 1, Art. 2, 3; No. 2, Art. 10, 11, 13; No. 4, Art. 21):

Heading of Article 560-1 to state 1) in table of contents in the following edition:

"Article 560-1. Authorized body in the field of regulation of the grain market";

2) in Article 543:

part one:

after words "446 (part one)" to add with words "447-1 (part two), 4473,";

after words "466 (part one)" to add with figures "467-1,";

in part two:

the subitem 6) after words "464-1 (part three)" to add with words "467-1 (part two)";

subitem 7):

after figures "247," to add with words "447-1 (part two), 447-3,";

after words "466 (part one)" to add with words "467-1 (part one)";

3) in Article 548:

in part one:

"247," to exclude figures;

shall be replaced with words figures "447-1, 447-2, 447-3," "447-1 (part one), 447-2,";

part two in paragraph three:

"247," to exclude figures;

shall be replaced with words figures "447-1, 447-2, 447-3," "447-1 (part one), 447-2,";

Heading and part one of Article 560-1 to state 4) in the following edition:

"Article 560-1. Authorized body in the field of regulation of the grain market

1. Authorized body in the field of regulation of the grain market and its territorial authorities consider the cases on administrative offenses provided by Articles 186, 309-1 (parts two, the third, fourth), 357-2 (part one) of this Code";

5) in Article 576-4:

in part one of the word "309-4 (parts four, the fifth, sixth, seventh)" shall be replaced with words "309-2 (parts one - third), 309-4 (parts one - the seventh)";

in part two of the word "309-4 (parts four, the fifth, sixth, seventh)" shall be replaced with words "309-2 (parts one - third), 309-4 (parts one - the seventh)";

6) in the subitem 1) Article 636 parts one:

in the paragraph the eighteenth the words "309-2 (part four)" to exclude;

in the paragraph the twenty ninth to exclude figures "357-1,";

paragraph the fifty fifth:

after the words "309-1 (parts seven, the eighth)" to add with the words "309-2 (part four)";

after figures "346-352" to add with figures ", 374-1, 375";

the sixtieth to state the paragraph in the following edition:

"authorized state body in the field of religious activities (Article 375 (parts two, the sixth and ninth (when these violations are made by officials of the central state bodies);".

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; 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; No. 21-22, of Art. 124; 2013, No. 1, Art. 3):

Part the second Item 2 of Article 8 to exclude 1);

2) in Article 14:

add Item 1 with subitems 1-1), 1-2) and 7-1) of the following content:

"1-1) realization of state policy in the field of regulation of land relations;

1-2) implementation of coordination and methodical management of local executive bodies in the field of regulation of land relations;";

"7-1) approval of the qualifier of purpose of lands on the basis of projects (schemes) of zoning of lands;";

2) of Item 2 to exclude the subitem;

3) in Article 14-1:

Item 1:

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

"1-1) realization of state policy in the field of regulation of land relations;";

add with subitem 14-1) of the following content:

"14-1) identification of the lands which are not used and used with violation of the law of the Republic of Kazakhstan, with provision of information on these violations in territorial authorities on management of land resources of the area, city of republican value, the capital;";

in Item 2:

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

"1-1) realization of state policy in the field of regulation of land relations;";

20) to state the subitem in the following edition:

"20) identification of the lands which are not used and used with violation of the law of the Republic of Kazakhstan, including not to destination with provision of information on these violations in territorial authorities on management of land resources of the area, city of republican value, the capital.";

add Item 3 with subitems 1-1) and 18-1) of the following content:

"1-1) realization of state policy in the field of regulation of land relations;";

"18-1) identification of the lands which are not used and used with violation of the law of the Republic of Kazakhstan, with provision of information on these violations in territorial authorities on management of land resources of the area, city of republican value, the capital;";

4) in Article 16:

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

"10) implementation of coordination and management of activities district, city (regional value) executive bodies regarding use and protection of land resources;";

5) of Item 2 to exclude the subitem;

The subitem 9) of Article 17 to exclude 5);

The subitem 9) of Article 18 to exclude 6).

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; 2012, No. 2, Art. 14; No. 3, Art. 27; No. 14, Art. 92, 95; No. 15, Art. 97):

in Article 13:

in Item 1:

7) to exclude the subitem;

state subitem 18-1) in the following edition:

"18-1) performs coordination and methodical management of local executive bodies of areas, cities of republican value, the capital knowing forestry and also forest organizations and the nature protection organizations for protection, protection, use of forest fund, reproduction of the woods and afforestation;";

10) of Item 2 to exclude the subitem.

5. In the Water code of the Republic of Kazakhstan of July 9, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 17, Art. 141; 2004, No. 23, Art. 142; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 15, Art. 95; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 19, Art. 147; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 23, Art. 114; No. 24, Art. 129; 2009, No. 2-3, of Art. 15; No. 15-16, of Art. 76; No. 18, Art. 84; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2, 7; No. 5, Art. 43; No. 6, Art. 50; No. 11, Art. 102; No. 16, Art. 129; 2012, No. 3, Art. 27; No. 14, Art. 92; No. 15, Art. 97; Art. No. 21-22, 124):

1) in Article 1:

add with subitem 6-1) of the following content:

"6-1) hydromeliorative actions - regulation of the water mode of soils by means of hydromeliorative systems, and also separately located hydraulic engineering constructions;";

16) after the word "actions" to add the subitem with words "(agricultural forest melioration, agrotechnical, hydromeliorative, chemical)";

5) of Article 36 of the word "to water supply to agricultural producers and" to exclude 2) in the subitem;

3) in Item 1 of Article 37:

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

"1-1) performs coordination and methodical management of local executive bodies in the field of use and protection of water fund, water supply and water disposal outside settlements;";

8) and 24) to exclude subitems;

Article 37-1 to add 4) with subitem 1-1) of the following content:

"1-1) performs coordination and methodical management of local executive bodies in the field of use and protection of water fund, water supply and water disposal within settlements;";

Article 39 to add 5) with subitem 1-2) of the following content:

"1-2) realize state policy in the field of use and protection of water fund, water supply and water disposal;";

Item 1 of Article 95-1 to state 6) in the following edition:

"1. Hydroland reclamation is made for the purpose of improvement of condition of the droughty, salted, boggy, excessively humidified lands which condition depends on water impact.";

7) in Article 135:

in Item 1:

in the subitem 5) "to water delivery to agricultural producers and" to exclude words;

8) to exclude the subitem;

the paragraph one of Item 2 to state in the following edition:

"2. The basic principles of investment policy on rational use and protection of water fund, hydromelioration of the irrigated lands, safety of water management systems and constructions are:".

6. In the Ecological code of the Republic of Kazakhstan of January 9, 2007 (The sheet of Parliament of the Republic of Kazakhstan, 2007, No. 1, Art. 1; No. 20, Art. 152; 2008, No. 21, Art. 97; No. 23, Art. 114; 2009, No. 11-12, of Art. 55; No. 18, Art. 84; No. 23, Art. 100; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2, 3, 7; No. 5, Art. 43; No. 11, Art. 102; No. 12, Art. 111; No. 16, Art. 129; No. 21, Art. 161; 2012, No. 3, Art. 27; No. 8, Art. 64; No. 14, Art. 92, 95; No. 15, Art. 97; Art. No. 21-22, 124):

Heading of Article 17-1 to exclude 1) in table of contents;

2) in Article 1:

word in paragraph one "1. In the present" shall be replaced with words "In the present";

16) to exclude the subitem;

in the subitem 47) to exclude the words "concerning development and realization of state policy";

Article 17 to add 3) with subitems 1-2), 1-3), 1-4), 1-5), 1-6) and 1-7) of the following content:

"1-2) realizes state policy in the field of environmental protection;

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