LAW OF THE REPUBLIC OF KAZAKHSTAN

of May 16, 2014 No. 203-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning authorization system

List of amending documents

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) of December 27, 1994 (The sheet 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; No. 13-14, of the Art. 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; No. 17-18, of the Art. 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, No. 2-3, of the Art. 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, Art. 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; 2013, No. 7, Art. 36; No. 10-11, of Art. 56; No. 14, Art. 72; No. 15, Art. 76; 2014, No. 4-5, of the Art. 24):

1) in Article 10:

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

"1) possibility of implementation of business activity without receipt of any permissions or the direction of notifications, except the permissions and notifications provided by the Law of the Republic of Kazakhstan "About permissions and notifications";";

state item 4 in the following edition:

"4. Establishment of allowing or notifying procedure is made by the Law of the Republic of Kazakhstan "About permissions and notifications" depending on the level of danger of activities or action (transaction) for the purpose of protection of life and human health, the environment, property, ensuring national security and law and order.

The allowing procedure is established in cases if the requirements to products provided by the laws of the Republic of Kazakhstan, requirements for obligatory confirmation of conformity are insufficient for goal achievement of state regulation.";

Item 5 of Article 19 to state 2) in the following edition:

"5. If the individual entrepreneur performs the activities which are subject to licensing, he shall have the license for the right of implementation of such activities.

The license is granted according to the procedure, established by the legislation of the Republic of Kazakhstan on permissions and notifications.

The government of the Republic of Kazakhstan has the right to establish the simplified procedure for issue of licenses to individual entrepreneurs.";

Item 2 of Article 35 to state 3) in the following edition:

"2. Legal capacity of the legal entity arises at the time of its creation and stops at the time of completion of its liquidation. Legal capacity of the legal entity in the field of activities on which occupation receipt of permission is necessary arises from the moment of receipt of such permission and stops at the time of its withdrawal, expiration or recognition invalid in the procedure established by legal acts of the Republic of Kazakhstan.";

4) subitem in paragraph three 4) Item 2 of Article 49 of the word of "proper permission (license)" shall be replaced with words "the proper license";

Item 1 of Article 159 to state 5) in the following edition:

"1. The transaction made without receipt of necessary permission or after the termination of effective period of permission is invalid.".

2. 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; 2013, No. 9, Art. 51; No. 14, Art. 75; The Law of the Republic of Kazakhstan of April 11, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning civil protection", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 15, 2014):

Article 12 to add 1) with subitem 17-20) of the following content:

"17-20) approves rules of issue of import permits to the Republic of Kazakhstan and export out of its limits of objects of flora, their parts and derivatives, including types of the plants referred to category rare and which are under the threat of disappearance;";

2) in Item 1 of Article 13:

exclude subitem 18-2);

in subitem 18-4) of the word "also claims" to exclude.

3. 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; No. 21-22, of Art. 124; 2013, No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 79, 82; No. 16, Art. 83; 2014, No. 1, Art. 4; No. 2, Art. 10; The Law of the Republic of Kazakhstan of April 11, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning civil protection", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 15, 2014):

Article 36 to add 1) with subitem 20-1) of the following content:

"20-1) approves the application form on receipt of permission to special water use and form of permission to special water use;";

2) in Item 1 of Article 37:

add with subitem 4-2) of the following content:

"4-2) approves specific regulations of water consumption and water disposal;";

subitems 5-1) and 6) to exclude;

state subitem 6-1) in the following edition:

"6-1) develops the application form on receipt of permission to special water use and form of permission to special water use;";

3) in Item 2 of Article 40:

6) to state the subitem in the following edition:

"6) issue, action suspension, prolongation and renewal of permission to special water use, and also the termination of the right of special water use according to the procedure, established by this Code;";

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

"6-1) certify tax statements on payment for use of water resources of superficial sources before submission to tax authority;";

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

"2) to make offers on suspension of action of permission to special water use and the termination of the right of special water use according to the procedure established by the laws of the Republic of Kazakhstan;";

5) in Article 66:

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

"1) dumping of industrial, household, drainage and other sewage into superficial water objects, water management constructions or land relief;";

in Item 8:

in paragraph one:

"cleared" to exclude the word;

after the word "objects" to add with words ", water management constructions or land relief";

3) to state the subitem in the following edition:

"3) the list of secondary water users with requests for giving or acceptance of sewage.";

in Item 9:

3) to state the subitem in the following edition:

"3) the list of secondary water users with requests for water supply;";

add with subitems 5) and 6) of the following content:

"5) the sanitary and epidemiologic conclusion about compliance to sanitary and epidemiologic requirements in case of intake of underground waters for economic and drinking water supply;

6) approval of conditions of water use of territorial subdivisions of authorized body on studying and use of subsoil.";

in Item 10:

1) to state the subitem in the following edition:

"1) the statement for issue of permission to special water use in the form established by the Government of the Republic of Kazakhstan;";

add with subitems 6), 7) and 8) of the following content:

"6) calculations for reasons for amounts of water consumption and water disposal;

7) the sanitary and epidemiologic conclusion about compliance to sanitary and epidemiologic requirements in case of intake of surface and (or) underground water for economic and drinking water supply;

8) the list of secondary water users with requests for giving or acceptance of sewage.";

add with Item 10-1 of the following content:

"10-1. Regional bodies of authorized body after receipt of documents for receipt of permission to special water use for use from part of subsoil of economic and drinking and technological underground waters with withdrawal limits from fifty to two thousand cubic meters per day within three working days send inquiry to the relevant territorial subdivision of authorized body by studying and use of subsoil for review of conditions of this water use.

Territorial subdivisions of authorized body on studying and use of subsoil within five working days shall provide the positive or negative conclusion to regional body of authorized body.";

state Item 14 in the following edition:

"14. Permission to special water use is issued by regional bodies of authorized body no later than twenty four working days from the date of filing of application with all necessary documents submitted by the applicant according to this Code.";

add with Item 14-1 of the following content:

"14-1. Effective period of permission to special water use is determined according to article 70 of this Code.";

state Item 15 in the following edition:

"15. Change of the name of the legal entity and (or) change of its location, change of surname, name, middle name (in case of its availability) physical person, re-registration of the individual entrepreneur require renewal of permission to special water use based on the written application of physical person or legal entity.

The application is directed to regional body of authorized body within thirty calendar days from the moment of the happened changes with appendix of supporting documents about change of the name of the legal entity and (or) change of its location, change of surname, name, middle name (in case of its availability) physical person, re-registration of the individual entrepreneur.

In case of renewal of permission to special water use its number, conditions and effective period are left without changes. In the right upper corner of the allowing document the mark becomes "Is renewed".

Change of conditions of special water use requires receipt of new permission to special water use.";

add with Item 15-1 of the following content:

"15-1. If conditions of water use are left without changes, the validity of permission to special water use can be extended based on the written application of physical person or legal entity.";

state Item 16 in the following edition:

"16. The regional body of authorized body which issued permission to special water use stops its action according to the procedure, established by the laws of the Republic of Kazakhstan, in the following cases:

1) establishments of unauthenticity of the provided data for receipt of permission to special water use;

2) identifications of violations of requirements of the water and ecological legislation of the Republic of Kazakhstan;

3) restrictions of right to use water, stipulated in Article 74 of this Code.

In case of identification during check of the facts specified in subitems 1) and 2) to part one of this Item, the regional body of authorized body issues the instruction about their elimination with indication of terms. After fixed term the regional body of authorized body carries out repeated inspection regarding violation elimination factual determination.

In case of failure to carry out of the instruction at the scheduled time the regional body of authorized body within ten working days from the moment of conducting repeated check directs the notification on suspension of action of permission to special water use with indication of the reason and the term of suspension.

In case of suspension of action of permission to special water use based on the subitem 3) of part one of this Item the regional body of authorized body is limited only to the notification of physical person or legal entity with indication of the reason of suspension of action of permission.

Renewal of action of the permission to special water use suspended based on subitems 1) and 2) of part one of this Item is performed after elimination of unauthenticity of the violations provided data and revealed or the termination of the circumstances caused by the subitem 3) of part one of this Item.";

Article 75 to state 6) in the following edition:

"Article 75. Termination of the right of special water use

1. The right of special water use is subject to the termination in cases:

1) refusal of the water user of right to use water;

2) water use expirations;

3) death of physical person water user;

4) liquidations of legal person water user;

5) natural or artificial disappearance of water objects;

6) right to use transition by water objects according to the procedure, established by the laws of the Republic of Kazakhstan, to other physical persons and legal entities.

In case of approach of the bases of the termination of the right of special water use provided by subitems 1), 2), 5) and 6) of part one of this Item, the regional body of authorized body sends to physical person or legal entity the notice in writing on cancellation of permission to special water use.

2. The right of special water use is subject to the termination by deprivation of permission to special water use in cases:

1) non-uses within one year of the water resources intended for drinking water supply;

2) non-uses of water resources within three years;

3) emergence of need of use of water resources for the state needs;

4) not elimination of the violations which were the basis for suspension of action of permission to special water use.

3. The bases for deprivation of permission to special water use provided by subitems 1) and 2) of Item 2 of this Article come to light during the state control in the field of use and protection of water fund.

In the case provided by the subitem 4) of Item 2 of this Article, the regional body of authorized body within ten working days from date to which it was necessary to eliminate the revealed violations sends to physical person or legal entity the notice in writing on deprivation of permission to special water use.

4. The right of special water use is considered stopped from the date specified by regional body of authorized body in the notice in writing on the termination of the right of special water use.

The decision on the termination of the right of special water use is the basis for water use agreement cancelation.".

4. 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; No. 21-22, of Art. 124; 2013, No. 9, Art. 51; No. 12, Art. 57; No. 14, Art. 72, 75; 2014, No. 1, Art. 4; No. 2, Art. 10; The law of the Republic of Kazakhstan of April 11, 2014 "About introduction change and amendments in some legal acts of the Republic of Kazakhstan concerning civil protection", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 15, 2014):

Item 2 of Article 21 to state 1) in the following edition:

"2. Licensing of activities on performance of works and rendering services in the field of environmental protection performs authorized body in the field of environmental protection according to the legislation of the Republic of Kazakhstan on permissions and notifications.";

The subitem 4) of Article 171 to state 2) in the following edition:

"4) allowing bodies;".

5. 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; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 1, Art. 3; No. 2, Art. 7, 10; No. 3, Art. 15; No. 4, Art. 21; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 12, Art. 57; No. 14, Art. 72; No. 15, Art. 76, 81, 82; No. 16, Art. 83; No. 21-22, of the Art. 114, 115; No. 23-24, of Art. 116; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; The Law of the Republic of Kazakhstan of April 11, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning civil protection", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 15, 2014; The Law of the Republic of Kazakhstan of April 17, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning traffic", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 19, 2014; The Law of the Republic of Kazakhstan of April 23, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning activities of law-enforcement bodies", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 25, 2014):

Item 1-1 of Article 12 to add 1) with part four of the following content:

"The interconnected parties persons whose single basis of coherence is the participation of national managing holding in the authorized capital of bank as the large shareholder which arose after January 1, 2009 and (or) participation of officials of national managing holding in governing body of such bank are not recognized.";

2) in Item 1 of Article 13:

8) to state the subitem in the following edition:

"To receive 8) according to the tax statement according to the procedure and terms which are established by this Code, the certificate of the amounts, income gained by the nonresident from sources in the Republic of Kazakhstan and the withheld (paid) taxes;";

add with subitem 8-1) of the following content:

"8-1) on demand to receive according to the procedure and terms which are established by this Code, data on lack (availability) of tax debt, debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments;";

3) in Item 1 of Article 20:

12) to state the subitem in the following edition:

"To represent 12) according to the tax statement of the taxpayer (the tax agent, the operator) according to the procedure and the terms established by this Code, the certificate of the amounts, income gained by the nonresident from sources in the Republic of Kazakhstan and the withheld (paid) taxes;";

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