LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 10, 2014 No. 208-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning innovative cluster "The park of innovative technologies"

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) 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, 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, Art. No. 4-5, 24):

to state Item 2 of Article 93 in the following edition:

"2. The joint-stock company has the right to be transformed to economic partnership, production cooperative or the autonomous organization of education according to the Law of the Republic of Kazakhstan "About the status of "Nazarbaev Universitet", "Nazarbayev Intellectual schools" and "Nazarbayev Fond", and also to autonomous cluster fund according to the Law of the Republic of Kazakhstan "About innovative cluster "The park of innovative technologies".".

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; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 77, 79, 81; 2014, No. 2, Art. 10; 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 subitem 3) to state 1) to part six of Item 1 of Article 33 in the following edition:

"3) by transfer by managing company, autonomous cluster fund of the parcels of land to secondary land use (sublease) according to the legislation of the Republic of Kazakhstan on special economic zones.";

The subitem 10) to state 2) to part one of Item 1 of Article 48 in the following edition:

"10) to the participant of special economic zone, autonomous cluster fund and managing company according to the legislation of the Republic of Kazakhstan on special economic zones;".

3. 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; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 13, Art. 63; No. 14, Art. 72; No. 15, Art. 81, 82; No. 16, Art. 83; No. 20, Art. 113; No. 21-22, of Art. 114; 2014, No. 1, Art. 6; No. 2, Art. 10, 12; No. 4-5, of Art. 24; No. 7, Art. 37; 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):

in part one of Item 1 of Article 41 of the word to "the autonomous organizations of education" shall be replaced with words to "autonomous cluster fund, the autonomous organizations of education".

4. 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, Art. No. 2-3, 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; Art. No. 21-22, 114, 115; No. 23-24, of Art. 116; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 7, Art. 37; 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):

Table of contents to add 1) with heading of Article 108-1 of the following content:

"Article 108-1. Deduction of expenses of the subsoil user on money transfer in autonomous cluster fund";

"To add 2) with Article 108-1 of the following content:

"Article 108-1. Deduction of expenses of the subsoil user on money transfer in autonomous cluster fund

The subsoil user has the right to carry on deductions expense amount, the research and scientific and technical works which are actually suffered on money transfer in autonomous cluster fund for financing according to the legislation of the Republic of Kazakhstan on subsoil and subsurface use, in the amount of positive difference which is determined in the following procedure:

the actual amount of such expenses which is not exceeding one percent from gross annual income on contractual activities for accounting tax period

minus

the expenses carried on deductions according to article 108 of this Code. ";".

3) in Article 150:

in part three of Item 2 of the word "jointly the central authorized body on budget implementation and" to exclude;

state item 4 in the following edition:

"4. Reference gained (subject to obtaining) income to the income from the types of activity specified in subitems 4) and 5) to part one of Item 1 of this Article is performed based on confirmation of local executive body of area, the city of the republican value, the capital issued according to the procedure and in form which are established by the Government of the Republic of Kazakhstan.

Reference gained (subject to obtaining) income to the income from the types of activity specified in the subitem 4) to part one of Item 2 of this Article is performed based on confirmation of the autonomous cluster fund issued according to the procedure and in form which are established by the Government of the Republic of Kazakhstan.";

4) in Article 151-4:

in Item 1:

add with subitem 9-1) of the following content:

"9-1) production of household electric appliances: refrigerators, deep freezes, washing machines;";

in the subitem 10) of figure "1) - 9)" to replace with figures "1) - 9-1)";

Item in paragraph one 3, part three of item 4 and paragraph one of Item of the 5th figure "1) - 9)" to replace with figures "1) - 9-1)";

5) in Article 244-2:

the first and fifth item 4 to state parts in the following edition:

"4. The managing company or autonomous cluster fund issue the document on the actual consumption when implementing the activities answering to the purposes of creation of special economic zones, the imported goods.";

"The managing company or autonomous cluster fund has the right to choose any of methods of forming of financial provision, including by combination of two or several methods.";

state Item 5 in the following edition:

"5. The managing company or autonomous cluster fund represent to the tax authority which is in the territory of special economic zone, the documents confirming availability at managing company or autonomous cluster fund of financial provision on the amount equivalent to at least 205000-fold monthly settlement indicator established by the law on the republican budget.

The procedure for forming of financial provision, submission of the documents confirming availability of such providing at managing company or autonomous cluster fund, and also compensation of losses of the budget at the expense of means of financial provision is determined by the Government of the Republic of Kazakhstan.";

1) of Item 1 of article 348-4 of figure "100-114" to replace 6) in the subitem with figures "100-108, 109-114".

5. In the Law of the Republic of Kazakhstan of January 16, 2001 "About non-profit organizations" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 1, Art. 8; No. 24, Art. 338; 2003, No. 11, Art. 56; 2004, No. 5, Art. 30; No. 10, Art. 56; 2005, No. 13, Art. 53; 2006, No. 8, Art. 45; No. 15, Art. 95; 2007, No. 2, Art. 18; No. 9, Art. 67; No. 17, Art. 141; 2010, No. 5, Art. 23; No. 7, Art. 28; 2011, No. 2, Art. 21; No. 5, Art. 43; No. 17, Art. 136; No. 23, Art. 179; No. 24, Art. 196; 2012, No. 2, Art. 13; No. 8, Art. 64; No. 21-22, of Art. 124; 2013, No. 10-11, of Art. 56; No. 15, Art. 81):

The subitem 2) to state 1) to part two of item 4 of Article 16 in the following edition:

"2) commercial joint-stock companies in the autonomous organizations of education according to the Law of the Republic of Kazakhstan "About the status of "Nazarbaev Universitet", "Nazarbayev Intellectual schools" and "Nazarbayev Fond", and also in autonomous cluster fund according to the Law of the Republic of Kazakhstan "About innovative cluster "The park of innovative technologies";";

Item 2 of Article 17 to state 2) in the following edition:

"2. In other form of business the autonomous organizations of education, autonomous cluster fund, notarial chambers, Bars and private legal executives, Chambers of Commerce and Industry, professional auditing organizations, cooperatives of owners of apartments and other non-profit organizations can be formed.";

Item 1 of Article 19 to add 3) with part three of the following content:

"The non-profit organization in form of business of autonomous cluster fund can be created as a result of transformation of joint-stock company in the case provided by the Law of the Republic of Kazakhstan "About innovative cluster "The park of innovative technologies".";

Part one of Item 3 of Article 23 to state 4) in the following edition:

"3. If the fund, private institution, the autonomous organization of education, autonomous cluster fund are formed by one person, the foundation agreement is not signed.";

Item 5 of Article 39 to state 5) in the following edition:

"5. Provisions of Items 1-3 of this Article do not extend to the autonomous organizations of education and autonomous cluster fund.".

6. 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; No. 20, Art. 121; 2013, No. 1, Art. 3; No. 9, Art. 51; No. 10-11, of Art. 56; No. 14, Art. 72, 75; No. 21-22, of Art. 114; 2014, No. 1, Art. 4):

the second Item 1 of Article 11 to add part with the paragraph the seventh the following content:

"working in autonomous cluster fund of the special economic zone "Park of Innovative Technologies" at positions of heads and specialists with the higher education;".

7. In the Law of the Republic of Kazakhstan of May 13, 2003 "About joint-stock companies" (Sheets of Parliament of the Republic of Kazakhstan, 2003, No. 10, Art. 55; No. 21-22, of Art. 160; 2004, No. 23, Art. 140; 2005, No. 14, Art. 58; 2006, No. 10, Art. 52; No. 16, Art. 99; 2007, No. 4, Art. 28, 33; No. 9, Art. 67; No. 20, Art. 153; 2008, No. 13-14, of Art. 56; No. 17-18, of Art. 72; No. 21, Art. 97; 2009, No. 2-3, of Art. 18; No. 17, Art. 81; No. 24, Art. 133; 2010, No. 5, Art. 23; 2011, No. 2, Art. 21; No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50; No. 24, Art. 196; 2012, No. 2, Art. 11, 14; No. 4, Art. 30; No. 13, Art. 91; No. 21-22, of Art. 124; 2013, No. 10-11, of Art. 56; No. 15, Art. 81; 2014, No. 4-5, of Art. 24; No. 6, Art. 27):

the second Item 1 of Article 86 to state part in the following edition:

"Society has the right to be transformed to the autonomous organization of education according to the Law of the Republic of Kazakhstan "About the status of "Nazarbaev Universitet", "Nazarbayev Intellectual schools" and "Nazarbayev Fond", and also to autonomous cluster fund according to the Law of the Republic of Kazakhstan "About innovative cluster "The park of innovative technologies".".

8. In the Law of the Republic of Kazakhstan of December 10, 2008 "About enforcement of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) (Sheets of Parliament of the Republic of Kazakhstan, 2008, No. 23, Art. 113; 2009, No. 13-14, of Art. 63; No. 18, Art. 84; No. 23, Art. 100; No. 24, Art. 134; 2010, No. 5, Art. 23; No. 11, Art. 58; No. 15, Art. 71; No. 17-18, of Art. 101; No. 22, Art. 132; 2011, No. 11, Art. 102; No. 14, Art. 117; No. 15, Art. 120; No. 24, Art. 196; 2012, No. 2, Art. 11, 14; No. 6, Art. 43; No. 11, Art. 80; No. 14, Art. 94; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 21-22, of Art. 115; 2014, No. 7, Art. 37):

state Article 57 in the following edition:

"Article 57. Determine that Item 2, the part two of item 4 of Article 150 and Item 2 of article 151-4 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) are effective till January 1, 2018.".

9. In the Law of the Republic of Kazakhstan of July 21, 2011 "About special economic zones in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2011, No. 15, Art. 119; 2012, No. 2, Art. 14; No. 21-22, of Art. 124; 2013, No. 3, Art. 19; No. 15, Art. 81; Art. No. 21-22, 114):

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

"2) governing body of special economic zone - managing company, public institution of local executive body of the capital or autonomous cluster fund;";

The word "land use" to replace 2) in subitems 8-1) and 8-2) of Article 4 with the word "uses";

The subitem 4) of Item 1 of article 6 after words "managing company" to add 3) with words ", autonomous cluster fund";

4) in Article 8:

state Item 3 in the following edition:

"3. The parcels of land which are in state-owned property on which the special economic zone is created intended for implementation of priority types of activity, are provided in temporary paid land use (lease) to the participant of special economic zone according to the land legislation of the Republic of Kazakhstan for the term of creation of special economic zone.

The parcels of land which are in state-owned property on which the special economic zone, infrastructures intended under construction of facilities, and also for implementation of auxiliary types of activity is created are provided in temporary paid land use (lease) of managing company, to autonomous cluster fund according to the land legislation of the Republic of Kazakhstan for the term of creation of special economic zone.

The managing company, autonomous cluster fund has the right to transfer to persons performing the auxiliary types of activity, the parcels of land specified in part two of this Item in secondary land use (sublease) according to the land legislation of the Republic of Kazakhstan.

In lease of managing company, the infrastructure facilities created fully or partially at the expense of budgetary funds on the parcels of land which are in state-owned property, transferred to temporary paid land use (lease) can be also transferred to autonomous cluster fund.

To persons performing auxiliary types of activity, managing company, by autonomous cluster fund the infrastructure facilities created fully or partially at the expense of budgetary funds on the parcels of land which are in state-owned property, transferred to secondary land use (sublease) can be transferred.";

in Item 4-1 of the word "land use", "land use" to replace respectively with the words "use", "uses";

Item 4 of Article 11 to state 5) in the following edition:

"4. The governing body of special economic zone in day of the conclusion of the agreement on implementation of activities informs on it authorized body with application of a copy of the agreement on activities implementation.

The authorized body enters the information about the participant of special economic zone in the unified register of participants of special economic zone. Date of entering into the unified register of participants of special economic zone is day of the conclusion of the agreement on activities implementation.";

6) in Article 18:

2) after the word "land use" to add the subitem with the words "or use";

add with part two of the following content:

"Functions of autonomous cluster fund are determined by this Law and the Law of the Republic of Kazakhstan "About innovative cluster "The park of innovative technologies".";

7) Article 22 to add with Item 3 following of content:

"3. Financing of activities of the governing body of special economic zone created in form of business of autonomous cluster fund is performed according to the Law of the Republic of Kazakhstan "About innovative cluster "The park of innovative technologies".";

8) in paragraph one of Item 5 of Article 32 of the word "till January 1, 2015" shall be replaced with words "till January 1, 2018".

10. In the Law of the Republic of Kazakhstan of January 9, 2012 "About the state support of industrial and innovative activities" (Sheets of Parliament of the Republic of Kazakhstan, 2012, No. 2, Art. 10; No. 14, Art. 92; 2013, No. 9, Art. 51; No. 14, Art. 75; No. 15, Art. 81; 2014, No. 1, Art. 4):

The subitem 9) of Article 1 to state 1) in the following edition:

"9) innovative cluster - merging of the scientific organizations, organizations of education, joint-stock investment funds of risk investment, and also the physical and (or) legal entities determined according to the legislation of the Republic of Kazakhstan, designed to stimulate industrial and innovative activities by interaction and joint use of the available opportunities, knowledge sharing and experience, effective technology transfer, establishing stable partner relations and distribution of information;";

2) in Article 11:

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

"1) special economic zones, including autonomous cluster fund;";

state Item 2 in the following edition:

"2. Industrial and innovative activities in special economic zones are performed according to the laws of the Republic of Kazakhstan "About special economic zones in the Republic of Kazakhstan", "About innovative cluster "The park of innovative technologies", in industrial zones - according to the Law of the Republic of Kazakhstan "About private entrepreneurship".".

11. In the Law of the Republic of Kazakhstan of July 4, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning National chamber of entrepreneurs of the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2013, No. 15, the Art. 81):

subitem paragraph two 1) of Item 11 of Article 1 after the word "educations" to add with the words "autonomous cluster fund".

Article 2. This Law becomes effective after ten calendar days after day of its first official publication, except for Item 3, of subitems 2), 4) and 6) of Item 4, of Item 8 and the subitem 8) of Item 9 of Article 1, which become effective since January 1, 2015.

 

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