LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 2, 2013 No. 112-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning reforming of road industry

List of amending documents

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. 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; 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 Kazakhstan and Kazakhstan Truth newspapers on May 25, 2013; The Law of the Republic of Kazakhstan of June 13, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning development of local self-government", published in the Egemen Kazakhstan and Kazakhstan Truth newspapers on June 14, 2013; The Law of the Republic of Kazakhstan of June 13, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of powers between state bodies", published in the Egemen Kazakhstan and Kazakhstan Truth newspapers on June 14, 2013):

Table of contents to add 1) with heading of Article 483-1 of the following content:

"Article 483-1. Untimely payment for driving through paid highways (sites)";

To add 2) with Article 483-1 of the following content:

"Article 483-1. Untimely payment for driving through paid highways (sites)

Untimely payment for driving through paid highways (sites)

attracts penalty on physical persons in the amount of five, on legal entities - in the amount of ten monthly settlement indicators.";

3) Article 548:

part one:

after figures "447-5," to add with figures "447-6,";

after figures "483," to add with figures "483-1,";

third parts two after figures "483," to add the paragraph with figures "483-1,".

2. In the Budget code of the Republic of Kazakhstan of December 4, 2008 (The sheet of Parliament of the Republic of Kazakhstan, 2008, No. 21, Art. 93; 2009, No. 23, Art. 112; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 7, Art. 29, 32; No. 15, Art. 71; No. 24, Art. 146, 149, 150; 2011, No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 7, Art. 54; No. 11, Art. 102; No. 13, Art. 115; No. 15, Art. 125; No. 16, Art. 129; No. 20, Art. 151; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 16; No. 3, Art. 21; No. 4, Art. 30, 32; No. 5, Art. 36, 41; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 94; No. 18-19, of Art. 119; No. 23-24, of Art. 125; 2013, No. 2, Art. 13; No. 5-6, of Art. 30; The law of the Republic of Kazakhstan of June 13, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning development of local self-government", published in the Egemen Kazakhstan and Kazakhstan Truth newspapers on June 14, 2013; The Law of the Republic of Kazakhstan of June 13, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of powers between state bodies", published in the Egemen Kazakhstan and Kazakhstan Truth newspapers on June 14, 2013):

Subitem paragraph two 10) of Item 1 of Article 53 to state 1) in the following edition:

"construction, reconstruction, repair and content of highways of the international and republican value, and also technical means of regulation of traffic on them, except for running repair and content of paid highways (sites), and also content of hardware-software complex of collection of fare;";

The subitem 7) of Item 1 of Article 88 to state 2) in the following edition:

"7) with transfer of the money provided for the corresponding financial year in the law on the republican budget or in the decision of maslikhat on the local budget, for forming or increase in the authorized capital of subjects of the quasi-public sector and their use on implementation of investment projects or connected with accomplishment of the state task (further - the account of subjects of the quasi-public sector), except as specified increases in the authorized capital of the financial organizations, and also when forming in the minimum size established by the laws of the Republic of Kazakhstan, the authorized capital of subjects of the quasi-public sector;";

Items 1, 2 and 3 Articles 97 to state 3) in the following edition:

"1. Payments of public institutions according to obligations are made based on accounts for payment.

Payments of subjects of the quasi-public sector, for accomplishment of the state task or for increase in the authorized capital of which are provided funds for the corresponding financial year in the law on the republican budget or in the decision of maslikhat on the local budget, are performed based on payment orders in the form established by the bank law of the Republic of Kazakhstan.

2. The account for payment of public institution and the payment order of the subject of the quasi-public sector, for accomplishment of the state task or for increase in the authorized capital of which funds for the corresponding financial year are provided in the law on the republican budget or in the decision of maslikhat on the local budget, represent the documents which are for territorial subdivision of the central authorized body on budget implementation the basis for implementation of payments and money transfers for benefit of the payee.

3. Payments and money transfers of public institutions are carried out within remaining balance on control accounts of cash or accounts of public institutions, and also within the amounts of plan assignments according to individual funding plan on payments and unused balance of the notice of registration of the agreement.

Money transfer by the administrator of budget programs to subjects of the quasi-public sector is performed based on the documents confirming justification of payment according to financial and economic reasons or the feasibility statement (design estimates) and also other document type, stipulated by the legislation the Republic of Kazakhstan.

Payments and money transfers of subjects of the quasi-public sector, for accomplishment of the state task or for increase in the authorized capital of which are provided funds for the corresponding financial year in the law on the republican budget or in the decision of maslikhat on the local budget, are carried out within account balances of subjects of the quasi-public sector.";

1, 2 and 3 Articles 98 of the word "on increase (forming) in the authorized capital" shall be replaced with words 4) in Items "for accomplishment of the state task or for increase (forming) in the authorized capital";

Article 118 to state 5) in the following edition:

"Article 118. Consolidated financial statements

Administrators of budget programs and local authorized bodies on budget implementation shall constitute consolidated financial statements according to the procedure, established by the central authorized body on budget implementation.";

Article 120 to add 6) with Item 2-1 of the following content:

"2-1. Local authorized bodies on budget implementation represent consolidated financial statements to the central authorized body on budget implementation.".

3. In the Law of the Republic of Kazakhstan of July 16, 2001 "About architectural, town-planning and construction activities in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 17-18, of Art. 243; 2004, No. 23, Art. 142; 2005, No. 6, Art. 10; No. 7-8, of Art. 19; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 15, Art. 95; No. 23, Art. 144; No. 24, Art. 148; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 16, Art. 129; 2008, No. 21, Art. 97; No. 24, Art. 129; 2009, No. 15-16, of Art. 76; No. 18, Art. 84; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2; No. 6, Art. 50; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 3, Art. 21, 27; No. 4, Art. 32; No. 8, Art. 64; No. 14, Art. 92, 95; No. 15, Art. 97; The law of the Republic of Kazakhstan of June 13, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of powers between state bodies", published in the Egemen Kazakhstan and Kazakhstan Truth newspapers on June 14, 2013):

to state Item 1 of Article 34-1 in the following edition:

"1. When constructing facilities, subject to acceptance for operation state acceptance and inspections, and also repair of highways technical supervision without fail shall be exercised.".

4. In the Law of the Republic of Kazakhstan of July 17, 2001 "About highways" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 17-18, of Art. 246; 2004, No. 23, Art. 142; 2006, No. 1, Art. 5; No. 14, Art. 89; No. 24, Art. 148; 2007, No. 16, Art. 129; 2008, No. 15-16, of Art. 64; No. 23, Art. 114; 2009, No. 18, Art. 84; 2010, No. 24, Art. 146; 2011, No. 5, Art. 43; No. 15, Art. 125; 2012, No. 14, Art. 92; No. 23-24, of Art. 125; The Law of the Republic of Kazakhstan of June 13, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of powers between state bodies", published in the Egemen Kazakhstan and Kazakhstan Truth newspapers on June 14, 2013):

1) in Article 1:

1) to state the subitem in the following edition:

"1) the National operator on management of highways (the daleenatsionalny operator) - joint-stock company with absolute participation of the state in the authorized capital which tasks are accomplishment of the state task on construction, reconstruction, repair and content of highways public of the international and republican value, and also implementation of trust management of paid highways (sites);";

add with subitems 1-1) and 9-1) of the following content:

"1-1) managing directors of highways - physical persons and legal entities, being owners of highways or performing activities for management of highways on the right of economic maintaining or operational management, based on agreements within accomplishment of the state task, agreements of concession, property trust management, free use by highways public of regional or district value or their sites;";

"9-1) section of the highway (further - the site) - the highway piece which is in borders of its general extent;";

subitems 11) to state 16) and 18) in the following edition:

"11) paid highways (sites) - highways (sites) on which the decision on their use on paid basis is made and for journey through which the payment is levied;";

"16) road activities - activities for designing, construction, reconstruction and repair, content and use of highways and constructions on them, and also on the organization of paid movement;";

"18) objects of road service - road and operational complexes, apartment houses for employees of operational service, bus-stops, pavilions, platforms of rest, the platform for short-term stop of cars, devices for technical inspection of cars, the constructions and devices intended for safety of traffic, forest belt, service points and protection of bridges, the device of technological and emergency and calling communication, hardware-software complex of collection of fare;";

add with subitems 20-1) and 22) of the following content:

"20-1) hardware and software system of collection of fare - set of the equipment, the software and elements of the highway intended for collection of fare;";

"22) legal entities on quality examination production - the organizations which are under authority of authorized state body on highways to which functions on production of examination of quality of works in case of construction are assigned, reconstruction, repair and content of highways, and also the materials used at the same time.";

Article 5 to state 2) in the following edition:

"Article 5. Paid highways (sites)

1. In the Republic of Kazakhstan paid highways (sites, bridges, overpasses) according to the procedure, established by this Law and the legislation of the Republic of Kazakhstan on concessions can be created. Control of creation and operation of paid highways (sites) is performed by authorized state body on highways.

2. The fare on highways (sites) is introduced in case of accomplishment of condition of the increased quality of journey with ensuring high, safe speed of traffic circulation on all their extent.

3. Paid highways (sites) can be created at the expense of means of republican and local budgets, own and (or) borrowed funds of physical persons and legal entities or on the basis of agreements of concession.

The highway (site) for the organization of paid movement is transferred to the National operator, the concessionary according to the procedure, established by the legislation of the Republic of Kazakhstan.

The fare on the paid highway (site) is levied according to the procedure and at the rates determined by the Government of the Republic of Kazakhstan.

4. Driving through the paid highway (site) is performed based on the user agreement of the highway (site) with the National operator or the concessionary. The moment of the conclusion of the agreement is the moment of crossing of Item of entrance on the paid highway (site). The contract for use of paid highways (sites) between the National operator or the concessionary and users of paid highways (sites) is public.

5. The money received from collection of fare is considered on the separate account of National operator, except for the money levied on the basis of the agreement of concession and goes in the following priority for financing of the expenses connected with:

1) repair and content of paid highways (sites), content of hardware and software system of collection of fare;

2) the organization of paid movement on highways (sites).

6. For construction of paid highways (sites) the concessionary uses any sources of financing which are not prohibited by legal acts of the Republic of Kazakhstan.

7. Local executive bodies are forbidden to establish taxes, charges and payments on users by highways which application is not provided by the laws of the Republic of Kazakhstan and directly or indirectly limits free cargo transfer and passengers.";

3) in Article 5-1:

to add heading after the word of "road" with the word of "(site)";

state Item 1 in the following edition:

"1. Decisions on use of highways (sites) on paid basis can be made on highways (sites) public of the I category, certain sections of highways II of category and streets of the capital and the cities of republican value.";

5) of Item 3 to state the subitem in the following edition:

"5) rate of fare;";

4) in Article 5-2:

state heading in the following edition:

"Article 5-2. Privileges on payment for use of paid highways (sites) including transferred to concession";

in Item 1:

1) to add the subitem with the paragraph the sixth the following content:

"military equipment;";

in the subitem 2):

the paragraph one to exclude;

state paragraph two in the following edition:

"2) the buses performing regular transportations of passengers and baggage in the suburban messages and messages connecting the settlements adjacent to the paid highway (site): settlements, villages with the district or regional centers, the capital or the cities of republican value;";

Article 5-3 to state 5) in the following edition:

"Article 5-3. Termination and suspension of use of the paid highway (site)

1. The termination of use of the paid highway (site) is performed after the term specified in the decision on use of the highway (site) on paid basis.

2. Suspension of use of the paid highway (site) is performed for certain term during warlike or emergency state, and also in cases of emergence of emergency situation of ecological, natural or technogenic nature.

3. The decision on suspension of use of the paid highway (site) is made by the Government of the Republic of Kazakhstan from the moment of emergence of the circumstances specified in Item 2 of this Article.";

Item 1 of Article 7 to state 6) in the following edition:

"1. For construction, contents and developments of objects of road service of highways public are provided to land users lands under branch strip on the basis of the established regulations depending on category of the highway and sites of roadside strip according to the project documentation. Lands for needs of highways public, including the highways or their sites delivered in concession or to the National operator in trust management are allocated in permanent land use to road body, in temporary land use - to the service providers performing construction, reconstruction and repair of highways, according to the procedure, established by the legislation of the Republic of Kazakhstan.";

7) in Article 9:

state Item 1 in the following edition:

"1. The earth of strip of withdrawal of highways public, and also the sites of roadside strip provided by the project documentation are in ownership of road body, use of concessionaries or the National operator and improvements of highways and roadside service are intended only for development.";

in paragraph one of Item 3 of the word "not used by road authorities" shall be replaced with words "not used by road body, the National operator";

To add Article 11 with subitems 8-1), 8-2), 8-3) and 8-4) of the following content:

"8-1) approval of Rules of realization and financing of works on construction, reconstruction, repair, content, diagnostics, certification and tool inspection of highways public of the international and republican value;

8-2) creation of the National operator;

8-3) decision making about use of the highway (site) on paid basis;

8-4) approval of criteria of priority of projects on construction and reconstruction of highways public of the international and republican value and on construction, reconstruction, and also capital and average repair of highways of regional and district value;";

9) in Item 2 of Article 12:

7) to state the subitem in the following edition:

"7) project development of the regulatory legal acts determining procedure for functioning of the road sector irrespective of patterns of ownership, and also drafts of national standards in road activities, criteria of priority of projects on construction and reconstruction of highways of the international and republican value and on construction, reconstruction, and also capital and average repair of highways of regional and district value;";

add with subitems 7-1) and 8-1) of the following content:

"7-1) development of Rules of realization and financing of works on construction, reconstruction, repair, content, diagnostics, certification and tool inspection of highways public of the international and republican value;";

"8-1) entering into the Government of the Republic of Kazakhstan of offers on use of the highway (site) on paid basis;";

9) to exclude the subitem;

14) to state the subitem in the following edition:

"14) financing of National operator within accomplishment of the state task;";

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

"14-1) production organization of examination of quality of works and materials in case of construction, reconstruction, repair and content of highways by legal entities on quality examination production;";

10) in Article 14:

the offer first of Item 1 to add with words ", criteria of priority of projects on construction and reconstruction of highways public of the international and republican value and on construction, reconstruction, and also capital and average repair of highways of regional and district value";

state Item 2 in the following edition:

"2. Public procurements of scientific research in road industry are conducted according to the legislation of the Republic of Kazakhstan on public procurements.";

Items 2 and 3 of Article 15 to state 11) in the following edition:

"2. The physical persons and legal entities performing road activities shall perform works with observance of requirements of the legislation of the Republic of Kazakhstan.

In case of works on construction, reconstruction and repair of highways designer's service of the project documentation by developer, production - the contractor and technical supervision of construction, reconstruction, capital, average and running repair automobile by dorogzakazchik independently or by involvement of the organizations and experts having the corresponding certificate is exercised. Acceptance for operation of the finished roadwork, except works on running repair of highways, is performed by the state inspection.

3. Performance of works on designing, construction, reconstruction, repair and content of highways, and also rendering services in technical and designer's service with violation of requirements of the legislation of the Republic of Kazakhstan attract the responsibility established by the laws of the Republic of Kazakhstan.";

Article 20 to state 12) in the following edition:

"Article 20. Use of highways public

1. Physical persons and legal entities have right to use by highways public if other is not provided by the laws of the Republic of Kazakhstan.

2. Users of highways have the right on:

1) receipt of explanation from officials of road body, authorized body in the field of emergency situations of natural and technogenic nature or its divisions, and also from divisions of road traffic police about the reasons of the termination or traffic restriction on highways;

2) receipt of complete and reliable information about traffic conditions;

3) receipt of complete and reliable information about fare and the extent of paid highways (sites), about procedure for use of the paid highway (site), rates of fare, procedure and payment methods, privileges on payment of journey and other conditions;

4) free pass on paid highways (sites) according to article 5-2 of this Law;

5) appeal of actions (failure to act) of officials of road body according to the procedure, established by the laws of the Republic of Kazakhstan.

3. Users of highways shall:

1) to use the vehicles ensuring safety of highways and road constructions and safe driving through them;

2) not to perform journey without special permission on the vehicles, on dimensions, weight and (or) axial loadings exceeding the admissible parameters of the vehicles intended for movement on highways of the Republic of Kazakhstan set by the Government of the Republic of Kazakhstan;

3) not to make the actions reducing traffic safety, promoting emergence of traffic disturbances, reduction of speed of vehicles, reliability of highways and constructions, their destruction;

4) to make payment of driving through paid highways (sites) at the time of crossing of Item of collection of payment or no later than thirty calendar days from the date of receipt of the notification on payment;

5) to perform driving through the corresponding lane of vehicles according to the established information displays differentiated on payment methods and (or) technical characteristics of the vehicle, to observe the high-speed mode established by the National operator or the concessionary and distance of journey through Item of collection of payment.";

To add 13) with Chapter 6 of the following content:

"Chapter 6. The national operator on management of highways

Article 29. Legal status of the National operator

1. Activities of the National operator are regulated by this Law, other regulatory legal acts of the Republic of Kazakhstan, and also its internal documents.

2. The property of the National operator is created according to the legislation of the Republic of Kazakhstan.

3. For the purpose of projects implementation on construction, reconstruction, repair and content of highways public of the international and republican value the National operator has the right to attract and use any sources of financing which are not prohibited by the legislation of the Republic of Kazakhstan.

Article 30. Powers of the National operator

Treat powers of the National operator:

1) implementation of budget investment projects on development of highway network public of the international and republican value based on the state task;

2) the organization of construction, reconstruction, repair and content of highways public of the international and republican value within accomplishment of the state task;

3) control of the course and quality of construction, reconstruction, repair and content of highways public of the international and republican value within the organization of execution of the state task;

4) development of offers on construction, reconstruction, repair and content of highways public of the international and republican value and their entering into road body;

5) collection of fare on paid highways (sites);

6) organization of activities of paid highways (sites);

7) tracking and accounting of the vehicles damaging highway elements or the large-size and (or) heavyweight vehicles which do not have special permission to driving through paid highways (sites);

8) elimination of the defects interfering uninterrupted and safe driving of vehicles through the paid highway (site);

9) provision to users of the paid highway (site) of information on fare and extent of paid highways (sites), procedure for use of the paid highway (site), rates of fare, procedure and payment methods, privileges on payment of journey and other conditions;

10) other types of activity which are not prohibited by the legislation of the Republic of Kazakhstan.".

Article 2. This Law becomes effective after ten calendar days after its first official publication, except for the subitem 1) of Item 2, of the paragraph of the ninth subitem 2) of item 4 of article 1 of this Law which become effective since July 1, 2014.

 

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