LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 21, 2013 No. 106-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning provision of pensions

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. 1-2, of Art. 8; No. 5, Art. 55; No. 12, Art. 183, 184; Art. No. 13-14, 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; Art. No. 17-18, 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, Art. No. 2-3, 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, st.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; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; The Law of the Republic of Kazakhstan of May 21, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning personal data and their protection", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 25, 2013):

The subitem 2) of item 4 of Article 21 to state 1) in the following edition:

"2) at second priority calculations for compensation and payment of compensations to persons working according to the employment contract, debts on social contributions to the State Social Insurance Fund, on payment of the compulsory pension contributions withheld from the income of person, compulsory professional pension contributions, and also remunerations under author's agreements are made;";

The first and second Item 1 of Article 45 to state 2) to part in the following edition:

"1. Reorganization of the legal entity (merge, accession, separation, allocation, transformation) is made according to the decision of the owner of its property or the body authorized by the owner, founders (participants), and also the body authorized by constituent documents of the legal entity or for the decision of judicial authorities in the cases provided by legal acts of the Republic of Kazakhstan. By the legislation of the Republic of Kazakhstan also other forms of reorganization can be provided.

Reorganization of the legal entity - the Voluntary accumulation pension fund, the insurance (reinsurance) organization, Fund of guaranteeing insurance payments, special finance company is performed taking into account features, stipulated by the legislation the Republic of Kazakhstan about provision of pensions, insurance and insurance activity, Fonda of guaranteeing insurance payments, project financing and securitization.";

Item 1 of Article 49 to state 3) in the following edition:

"1. According to the decision of the owner of its property or the body authorized by the owner, and also body of the legal entity authorized on that by constituent documents, the legal entity can be liquidated on any basis.

Liquidation of the legal entity - the Voluntary accumulation pension fund, the insurance (reinsurance) organization, Fund of guaranteeing insurance payments, special finance company, the cotton-processing organization is performed taking into account features, stipulated by the legislation the Republic of Kazakhstan about provision of pensions, insurance and insurance activity, Fonda of guaranteeing insurance payments, project financing and securitization, development of cotton industry.";

The subitem 2) of Item 1 of Article 51 to state 4) in the following edition:

"2) at second priority - calculations for compensation and payment of compensations to persons working according to the employment contract, debts on social contributions to the State Social Insurance Fund, on payment of the compulsory pension contributions withheld from the salary, on payment of compulsory professional pension contributions, and also remunerations on author's agreements, except as specified, when part of the amounts of requirements according to the legal act of the Republic of Kazakhstan regulating questions of bankruptcy is satisfied in the fifth queue are made;";

Item 2 of Article 132 to state 5) in the following edition:

"2. The rights certified by personalized security are transferred according to the procedure, established for concession of the requirement (cession), taking into account features, stipulated by the legislation the Republic of Kazakhstan about the security market. According to article 347 of this Code person transferring the right on security bears responsibility for invalidity of the relevant requirement, but not for its execution.";

Article 389 to add 6) with Item 1-1 of the following content:

"1-1. Features of the conclusion of the agreement of accession and the requirement to its content can be provided by the legal act of the Republic of Kazakhstan for provision of pensions.".

2. 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; Art. No. 15-16, 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; No. 19, Art. 145; No. 20, Art. 158; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13; No. 3, Art. 26, 27; No. 4, Art. 30; No. 5, Art. 35, 36; No. 10, Art. 77; No. 12, Art. 84; 2013, No. 1, Art. 2; No. 4, Art. 21; The Law of the Republic of Kazakhstan of May 21, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning personal data and their protection", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 25, 2013):

state Article 216-1 in the following edition:

"Article 216-1. Bringing to insolvency

Intentional action (failure to act) of the large participant - physical person, the first head of the large participant - the legal entity of the insurance (reinsurance) organization, the bank managing investment portfolio or persons is permanent, temporary or on special power of the governing body performing functions or executive body of the insurance (reinsurance) organization, the bank managing investment portfolio, resulted in the insolvency which entailed involuntary liquidation of the insurance (reinsurance) organization, the bank managing investment portfolio

it is punished by penalty in the amount of three to six thousand monthly settlement indicators or restriction of freedom for a period of up to one year, or imprisonment for a period of one year up to three years with penalty in the amount of two to four thousand monthly settlement indicators with confiscation of property or without that.".

3. 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; No. 10, Art. 77; No. 12, Art. 85; No. 13, Art. 91; No. 14, Art. 92; No. 20, Art. 121; No. 21-22, of Art. 124; 2013, No. 4, Art. 21):

Item 1 of Article 740 to state 1) in the following edition:

"1. Money of legal entities (except for banks, the insurance (reinsurance) organizations, the Voluntary accumulation pension funds deprived by authorized state body of the license and (or) which are in process of involuntary liquidation) and the citizens who are in banks it can be seized precisely by courts, investigation authorities and inquiries and bodies of enforcement proceeding on the criminal and civil cases and cases of enforcement proceeding which are in their production according to the procedure and on the bases which are established by the criminal procedure and civil and procedural legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on enforcement proceeding.";

The subitem 2) to state 2) to part one of Item 2 of Article 742 in the following edition:

"2) at second priority money withdrawal according to the executive documents providing money withdrawal for calculations for dismissal wage payment and compensation with persons working according to the employment contract, payment of remunerations for the author's agreement, obligations of the client for transfer of compulsory pension contributions, compulsory professional pension contributions in the single accumulation pension fund and social contributions to the State Social Insurance Fund is made;".

4. 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):

1) parts one of Article 159 to add the subitem with the paragraph the second the following content:

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