LAW OF THE REPUBLIC OF KAZAKHSTAN

of September 29, 2014 No. 239-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of powers between levels of public administration

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 (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; No. 10-11, of Art. 56; No. 15, Art. 82; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 11, Art. 61,69; No. 14, Art. 84):

in Item 1 of Article 740 of the word "bodies of enforcement proceeding" shall be replaced with words "judicial authorities".

2. 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; No. 21-22, of Art. 124; 2013, No. 9, Art. 51; No. 10-11, of Art. 56; No. 13, Art. 64; No. 14, Art. 72, 74; No. 15, Art. 76; 2014, No. 1, Art. 6, 9; No. 4-5, of Art. 24; No. 11, Art. 67; No. 14, Art. 84; The Law of the Republic of Kazakhstan of July 4, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the criminal procedure legislation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 10, 2014; The Law of the Republic of Kazakhstan of July 5, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the legislation on administrative offenses", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 12, 2014):

1) in Article 236:

the second to state part in the following edition:

"2. After the introduction in legal force of the judgment the writ of execution which is issued to the claimant is written out or according to its written application goes court for execution to relevant organ of justice on territoriality.

In cases of confiscation of property, collection in the income of the state, and also the damages recovery caused by crime, penalties of the alimony, the indemnification caused by mutilation or other damage of health, loss of the supporter where the party is the state, court on the initiative sends the executive document for execution to relevant organ of justice on territoriality.";

first and third to state paragraphs to part six in the following edition:

"6. Judicial authorities in case of execution of the judgment shall notify within ten working days on it the court which passed the decision or after the established procedural completion date to provide written information on the non-execution reasons.";

"In case of the direction court of the executive document in relevant organ of justice on territoriality or if the executive document is issued to the claimant to its notification on execution of the judgment, the debtor notifies the claimant.";

Part third of Article 312-4 to state 2) in the following edition:

"3. The copy of the judgment which took legal effect about carrying out restructuring of the financial organization goes specialized financial court of the financial organization, to National Bank of the Republic of Kazakhstan and to territorial authorities of justice.".

3. 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. 21-22, of 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; Art. No. 9-10, 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; No. 7, Art. 36; No. 8, Art. 50; No. 9, Art. 51; Art. No. 10-11, 54, 56; No. 13, Art. 62, 63, 64; No. 14, Art. 72, 74, 75; No. 15, Art. 77, 78, 79, 81, 82; No. 16, Art. 83; No. 23-24, of Art. 116; 2014, No. 1, Art. 6, 9; No. 2, Art. 10, 11; No. 3, Art. 21; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44, 46, 49; No. 11, Art. 61, 65; No. 14, Art. 86; The Law of the Republic of Kazakhstan of July 4, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the criminal procedure legislation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 10, 2014; The code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 12, 2014):

1) in table of contents:

add with heading of Article 239-1 of the following content:

"Article 239-1. Violation of the law of the Republic of Kazakhstan about architectural, town-planning and construction activities";

to state heading of Article 355 in the following edition:

"Article 355. Failure to carry out of instructions or malicious disobedience to the legal order or the requirement of the employee of bodies of prosecutor's office, internal affairs (police), homeland security, Service of the state protection of the Republic of Kazakhstan, financial and military police, customs authority, Border service of Committee of homeland security of the Republic of Kazakhstan, the public courier service, authorized body in the field of civil protection, authorized body in the field of industrial safety";

add with heading of Article 544-2 of the following content:

"Article 544-2. Authorized body in the field of industrial safety";

to exclude heading of Article 567-1;

add with heading of Article 568-1 of the following content:

"Article 568-1. Authorized state body for architecture, town planning and construction";

Paragraph one of part one of Article 221 to state 2) in the following edition:

"1. Violation of statutory rules on safe operation in industries, mining and construction works or on the objects under control to authorized body in the field of industrial safety and to other state bodies of control and supervision if it did not entail on imprudence causing heavy or average weight of harm to health of the person, -";

Paragraph one of part one of Article 221-1 to state 3) in the following edition:

"1. Issue of the expert opinions, development of the declaration of industrial safety containing incomplete and (or) unreliable information about their compliance (discrepancy) to requirements of industrial safety, discrepancy of preparation, retraining of specialists, employees of hazardous production facilities to requirements of industrial safety or issue of expert opinions, development of the declaration of safety of the dikes containing incomplete and (or) unreliable information about their compliance (discrepancy) to the requirements established by the water legislation of the Republic of Kazakhstan -";

To add 4) with Article 239-1 of the following content:

"Article 239-1. Violation of the law of the Republic of Kazakhstan about architectural, town-planning and construction activities

1. Failure to carry out or inadequate accomplishment by local executive bodies for architecture, town planning, construction and the state architectural construction supervision of the functions assigned to them by the legislation of the Republic of Kazakhstan

attracts penalty on officials in the amount of twenty monthly settlement indicators.

2. The action provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,

attracts penalty on officials in the amount of forty monthly settlement indicators.";

5) Article 294 to add with parts three, the fourth, fifth and sixth the following content:

"3. The untimely decision making by local executive bodies according to the legislation of the Republic of Kazakhstan on protection of plants made in type:

not organizations of works on neutralization of pesticides (agricultural chemicals) in coordination with authorized state bodies in the field of environmental protection and health care;

not constructions, not content and not maintenance in proper condition special storages (burial grounds);

non-licensings of activities for production (formulyation), realization and use of pesticides (agricultural chemicals) aerosol and fumigatsionny by methods,

attracts the prevention on officials of local executive bodies.

4. Failure to carry out by local executive bodies of the plants of functions assigned to them by the legislation of the Republic of Kazakhstan on protection

attracts penalty on officials of local executive bodies in the amount of fifty monthly settlement indicators.

5. Action (failure to act) provided by part four of this Article committed repeatedly within year after imposing of administrative punishment,

attracts penalty on officials of local executive bodies in the amount of hundred monthly settlement indicators.

6. Non-execution or improper execution of written instructions of authorized body and its territorial subdivisions about elimination of the revealed violations of the law of the Republic of Kazakhstan about protection of plants in the terms established in the instruction

attracts penalty on officials of local executive bodies in the amount of fifteen monthly settlement indicators.";

Article 307 to add 6) with parts two, the third, fourth and fifth the following content:

"2. The violation of the law of the Republic of Kazakhstan in the field of quarantine of plants local executive bodies made in type:

untimely acceptance on representation of authorized body and its territorial subdivisions by local executive bodies of the decision on establishment of quarantine zone with introduction of the quarantine mode or its cancellation in the corresponding territories;

the inadequate and untimely organization for holding actions for quarantine of plants on objects of the state control and supervision in the field of quarantine of plants;

inadequate or untimely accounting of distribution of quarantine objects and provision of information to authorized body and interested persons

attracts penalty on officials of local executive bodies in the amount of thirty monthly settlement indicators.

3. Action (failure to act) provided by part two of this Article committed repeatedly within year after imposing of administrative punishment,

attracts penalty on officials of local executive bodies in the amount of sixty monthly settlement indicators.

4. Non-execution or improper execution of written instructions of authorized body and its territorial subdivisions about elimination of the revealed violations of the law of the Republic of Kazakhstan in the field of quarantine of plants in the terms established in the instruction

attracts penalty on officials of local executive bodies in the amount of thirty monthly settlement indicators.

5. Action (failure to act) provided by part four of this Article committed repeatedly within year after imposing of administrative punishment,

attracts penalty on officials of local executive bodies in the amount of sixty monthly settlement indicators.";

The seventh and eighth Article 310 to state 7) to part in the following edition:

"7. Failure to carry out by local executive bodies of the functions assigned to them by the legislation of the Republic of Kazakhstan in the field of veterinary science

attracts penalty on officials of local executive bodies in the amount of twenty five monthly settlement indicators.

8. Action (failure to act) provided by part seven of this Article committed repeatedly within year after imposing of administrative punishment,

attracts penalty on officials of local executive bodies in the amount of fifty monthly settlement indicators.";

To add part one of Article 310-1 with the subitem 12) of the following content:

"12) inadequate or untimely accomplishment by local executive bodies of the functions assigned to them by the legislation of the Republic of Kazakhstan on breeding livestock production, -";

Article 355 to state 9) in the following edition:

"Article 355. Failure to carry out of instructions or malicious disobedience to the legal order or the requirement of the employee of bodies of prosecutor's office, internal affairs (police), homeland security, Service of the state protection of the Republic of Kazakhstan, financial and military police, customs authority, Border service of Committee of homeland security of the Republic of Kazakhstan, the public courier service, authorized body in the field of civil protection, authorized body in the field of industrial safety

1. Failure to carry out of instructions and (or) other legal requirements of staff of bodies of prosecutor's office, internal affairs (police), homeland security, Service of the state protection of the Republic of Kazakhstan, financial and military police, customs authority, Border service of Committee of homeland security of the Republic of Kazakhstan, the public courier service, authorized body in the field of civil protection, authorized body in the field of industrial safety in case of execution of service duties by them

attracts penalty on officials, individual entrepreneurs in the amount up to fifty, on the legal entities who are subjects of small or medium business - in the amount of hundred to two hundred, on the legal entities who are subjects of big business - in the amount of two hundred to five hundred monthly settlement indicators.

2. Malicious disobedience to the legal order or the requirement, and is equal insult or threat of making of violent acts concerning the staff of bodies of prosecutor's office, internal affairs (police), homeland security, Service of the state protection of the Republic of Kazakhstan, financial and military police, customs authority, Border service of Committee of homeland security of the Republic of Kazakhstan, the public courier service, authorized body in the field of civil protection, authorized body in the field of industrial safety in case of execution of service duties by them

attract penalty in the amount up to fifty monthly settlement indicators or administrative detention for a period of up to fifteen days.";

10) in Article 544-1:

third parts one to exclude the paragraph;

third to exclude part;

To add 11) with Article 544-2 of the following content:

"Article 544-2. Authorized body in the field of industrial safety

1. The authorized body in the field of industrial safety considers cases on the administrative offenses provided by Articles 89, 175 (part two) (regarding the offenses made by owners of objects which activities are connected with danger of damnification to the third parties), 220, 221 (except for safety of dikes), 221-1 (except for safety of dikes), 270, 271, 272 (regarding technical safety), 357-2 (part one) of this Code.

2. Consider cases on administrative offenses in the field of industrial safety and impose administrative punishments on behalf of authorized body in the field of industrial safety has the right:

1) the state inspector of area, city of republican value, the capital, area, city of regional value, the area in the city on the state supervision in the field of industrial safety - penalty on physical persons to ten, on officials - to fifty sizes of monthly settlement indicator;

2) the state state supervision inspector of the Republic of Kazakhstan in the field of industrial safety, the chief state inspector of area, city of republican value, the capital on the state supervision in the field of industrial safety and his deputy - penalty on physical persons to twenty, on officials, individual entrepreneurs - to hundred, on legal entities - to two hundred sizes of monthly settlement indicator;

3) the chief state state supervision inspector of the Republic of Kazakhstan in the field of industrial safety and his deputy - penalty on physical persons to fifty, on officials - to hundred, on legal entities - to five hundred sizes of monthly settlement indicator.";

Article 563 to state 12) in the following edition:

"Article 563. The bodies exercising the state control of use and protection of lands

1. The central authorized body on management of land resources considers cases on the administrative offenses provided by Articles 120, of 256, of 257, of the 258th of this Code.

The authorized body on control of use and protection of lands of local executive bodies of area, the city of republican value, the capital considers cases on the administrative offenses provided by Articles 118, of 121, of 250, of 251, of 252, of 253, of 254, of 255, of the 256th of this Code.

2. Consider cases on administrative offenses and impose administrative punishments has the right:

1) the chief state inspector on use and protection of the lands of the Republic of Kazakhstan - penalty on physical persons to seventy five, on officials, subjects of small or medium business or non-profit organizations - to hundred fifty, on subjects of big business - to seven hundred sizes of monthly settlement indicator;

2) the chief state inspectors on use and protection of lands of the corresponding administrative and territorial units - penalty on physical persons to seventy five, on officials, subjects of small or medium business or non-profit organizations - to hundred fifty, on subjects of big business - to seven hundred sizes of monthly settlement indicator;

3) the state inspectors on use and protection of lands - penalty on physical persons to fifty, on officials, subjects of small or medium business or non-profit organizations - to hundred, on subjects of big business - to three hundred sizes of monthly settlement indicator.";

Article 563-2 to state 13) in the following edition:

"Article 563-2. The bodies exercising the state control in the field of geodesy and cartography

1. The authorized body in the field of geodesy and cartography considers cases on the administrative offenses provided by Articles 121 (part two), 258-1 of this Code.

2. Consider cases on administrative offenses and impose administrative punishments the head of department of the central authorized body in the field of geodesy and cartography and his deputies has the right.";

Article 567-1 to exclude 14);

To add 15) with Article 568-1 of the following content:

"Article 568-1. Authorized state body for architecture, town planning and construction

1. The authorized state body for architecture, town planning and construction considers cases on the administrative offenses provided by Articles 231, 236 and 239-1 of this Code.

2. Consider cases on administrative offenses and impose administrative punishments the head of department of the central authorized body for architecture, town planning and construction and its deputies has the right.";

Article 576-4 to state 16) in the following edition:

"Article 576-4. Local executive bodies

1. The local executive body of area considers cases on the administrative offenses provided by Articles 173 (parts two and the sixth) (regarding the offenses made by societies of mutual insurance in crop production), 175 (part two) (regarding the offenses made by producers of products of crop production), 309-1 (parts five, the sixth, ninth, tenth), 309-2 (parts one - third), 309-4 (parts one - the seventh), 310 (except for the subitem 2) (regarding the offenses made in the organizations for production of veterinary medicines and feed additives), subitems 3) and 5) of part one, parts seven and the eighth), 311-2, 311-3,357-2 (part one) of this Code.

2. The local executive body of the city of republican value, the capital considers cases on the administrative offenses provided by Articles 173 (parts two and the sixth) (regarding the offenses made by societies of mutual insurance in crop production), 175 (part two) (regarding the offenses made by producers of products of crop production), 309-1 (parts five, the sixth, ninth), 309-2 (parts one - third), 309-4 (parts one - the seventh), 310 (except for the subitem 2) (regarding the offenses made in the organizations for production of veterinary medicines and feed additives), subitems 3) and 5) of part one, parts seven and the eighth), 311-2, 311-3, 357-2 (part one) of this Code.

3. Consider cases on administrative offenses and impose administrative punishments the akim of area, city of republican value, the capital and his deputies has the right.

4. Akims of the cities of district value, villages, settlements, rural districts have the right to consider cases on administrative offenses and to impose administrative punishments for the violations provided by Articles 165, of 300, 310 (except for the subitem 2) (regarding the offenses made in the organizations for production of veterinary medicines and feed additives), subitems 3) and 5) of part one, parts seven and the eighth), 311, the 311-2, 311-3 and 387 of this Code, made in the territory of the cities of district value, villages, settlements, rural districts.

5. Consider cases on administrative offenses and impose administrative punishments for making of offenses, stipulated in Article the 310th of this Code (except for the subitem 2) (regarding offenses, made in the organizations for production of veterinary medicines and feed additives), subitems 3) and 5) parts one, parts seven and the eighth) having the right also officials of local executive bodies:

1) chief state veterinarian of area, city of republican value, capital and his deputies;

2) chief state veterinarian of the area, city of regional value and its deputies.

The penalty can be levied by officials of local executive bodies within competence on site of places of realization for violation of veterinary (veterinary and sanitary) rules in case of realization of animals, products and raw materials of animal origin.";

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

third to state the paragraph in the following edition:

"authorized body in the field of civil protection (Article 314, 355, 356);

authorized body in the field of industrial safety (Article 225-1 (on violations in conservation zones of objects of gas supply systems), 226 (parts three - the fifth), 228, 229, 231 (part two), 233, 317-1 (on violations of safety requirements to machines and the equipment, chemical products in part pozharo-and potential of explosion), 355, 356);";

to state the paragraph of the thirty eighth in the following edition:

"the authorized body performing management in spheres of natural monopolies and in the controlled markets (Article 147-6 (part 2-1), 356);";

the forty fifth to state the paragraph in the following edition:

"authorized body in the field of oil and gas (Article 147-11 (part seven and the ninth), 147-12, 356, 357-1, 357-2 (part two);";

add with the paragraph sixty third the following content:

"authorized state body for architecture, town planning and construction (Article 356);".

4. 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; No. 8, Art. 44; No. 11, Art. 63, 64; No. 12, Art. 82; No. 14, Art. 84):

1) in table of contents:

to state headings of Articles 14 and 147 in the following edition:

"Article 14. Competence of the central authorized body";

"Article 147. Functions of the bodies exercising the state control of use and protection of lands";

Article 12 to add 2) with subitem 13-1) of the following content:

"13-1) authorized body on control of use and protection of lands - the structural division of local executive bodies of area, city of republican value, the capital exercising the state control of use and protection of lands (further - authorized body on control of use and protection of lands);";

3) in Article 13:

4) and 4-1) to exclude subitems;

6) to state the subitem in the following edition:

"6) approval of procedure for reference of lands to especially protected natural territories and reservations of lands under these territories;";

subitems 7), 7-1) and 7-2) to exclude;

4) in Article 14:

state heading in the following edition:

"Article 14. Competence of the central authorized body";

in Item 1:

state subitem 2-1) in the following edition:

"2-1) development and approval of rules of rational use of lands of agricultural purpose in coordination with authorized state body in the field of development of agro-industrial complex;";

add with subitems 16-2), 16-3), 16-4) and 16-5) of the following content:

"16-2) approval of forms of identification documents on the property right to the parcel of land and to the land use right;

16-3) approval of procedure for maintaining the state land cadastre and monitoring of lands;

16-4) approval of rules of provision of the parcels of land occupied with territorial waters for construction of artificial constructions;

16-5) approval of rules of provision of the rights to the parcels of land under individual housing construction;";

exclude Item 2;

5) in Article 14-1:

in Item 1:

exclude subitem 14-1);

add with subitems 14-2), 14-3), 14-4), 14-5) and 14-6) of the following content:

"14-2) implementation of the state control of use and protection of lands;

14-3) issue of instructions, obligatory for execution, on elimination of the revealed violations of the land legislation;

14-4) hearing of cases about administrative offenses in the field of the land legislation;

14-5) preparation and presentation of claims in court for the questions specified in the subitem 4) of Item 1 of article 148 of this Code;

14-6) suspension of construction, developments of mineral deposits, operation of objects, exploration and other works if they are performed with violation of the land legislation, the set mode of use of lands and also if these works are conducted on the projects which did not pass the examination or received the negative decision;";

in Item 2:

20) to exclude the subitem;

add with subitems 21), 22), 23), 24) and 25) of the following content:

"21) implementation of the state control of use and protection of lands;

22) issue of instructions, obligatory for execution, on elimination of the revealed violations of the land legislation;

23) hearing of cases about administrative offenses in the field of the land legislation;

24) preparation and presentation of claims in court for the questions specified in the subitem 4) of Item 1 of article 148 of this Code;

25) suspension of construction, development of mineral deposits, operation of objects, exploration and other works if they are performed with violation of the land legislation, the set mode of use of lands and also if these works are conducted on the projects which did not pass the examination or received the negative decision.";

to state subitem 18-1) of Item 3 in the following edition:

"18-1) identification of the lands which are not used and used with violation of the law of the Republic of Kazakhstan;";

add with item 4 of the following content:

"4. On control of use and protection of lands treat competence of authorized body:

1) implementation of the state control of use and protection of lands;

2) issue of instructions, obligatory for execution, on elimination of the revealed violations of the land legislation;

3) hearing of cases about administrative offenses in the field of the land legislation;

4) preparation and presentation of claims in court for the questions specified in the subitem 4) of Item 1 of article 148 of this Code;

5) identification and return to state-owned property of the lands which are not used or used with violation of the law of the Republic of Kazakhstan;

6) suspension of construction, development of mineral deposits, operation of objects, exploration and other works if they are performed with violation of the land legislation, the set mode of use of lands and also if these works are conducted on the projects which did not pass the examination or received the negative decision.";

Item 6 of Article 48 to state 6) in the following edition:

"6. The procedure for the organization and tendering (tenders, auctions) selling the parcel of land or the right of lease of the parcel of land, including in electronic form, is determined by the central authorized body.";

The subitem 12) of Item 1 of Article 65 to state 7) in the following edition:

"12) to provide access to the parcels of land for carrying out the agrochemical inspection of soils performed according to the procedure, established by the central authorized body together with authorized state body in the field of development of agro-industrial complex.";

To state Items 3 and 4 of Article 106 in the following edition:

"3. Standard rates of compensation of the losses of agricultural production caused by withdrawal of the agricultural holdings for their use for the purpose of which are not connected with farming are established by the central authorized body.

4. Losses are compensated in full in case of withdrawal of agricultural holdings in temporary use with condition of land reclamation under nonagricultural and not forest grounds.

In case of drawing fertile layer of earth on unproductive or unproductive grounds at the expense of means of legal entity or physical person to which the parcel of land is provided losses are compensated including the amounts spent for recovery of grounds, according to the procedure, determined by the central authorized body.";

Item 2 of Article 122 to add 9) with part five of the following content:

"The list of especially protected natural territories of republican and international value affirms the central authorized body in the field of especially protected natural territories.";

Item 3 of Article 131 to state 10) in the following edition:

"3. Standard rates of compensation of the losses of forestry and landscape production caused by withdrawal of the forest grounds for their use for the purpose of which are not connected with maintaining forest and agricultural industry are established by the central authorized body in the field of development of agro-industrial complex.";

Item 1 of Article 145 to state 11) in the following edition:

"1. The state control of use and protection of lands is performed by the central authorized body, authorized bodies on control of use and protection of lands, and also other authorized bodies within their competence.";

Part third of Item 2 of Article 146 to state 12) in the following edition:

"Heads of authorized bodies on control of use and protection of lands are the chief state inspectors on use and protection of lands of the corresponding administrative and territorial units.";

Article 147 to state 13) in the following edition:

"Article 147. Functions of the bodies exercising the state control of use and protection of lands

1. The central authorized body will organize and carries out the state control for:

1) legality of the made decisions of local executive bodies in the field of the land legislation of the Republic of Kazakhstan using to violators of the provided legislative measures;

2) correctness of maintaining the state land cadastre and monitoring of lands.

2. The authorized body on control of use and protection of lands will organize and carries out the state control for:

1) observance by state bodies, companies, organizations, organizations and citizens of the land legislation of the Republic of Kazakhstan of the set mode of use of the parcels of land according to their purpose;

2) non-admission of unauthorized occupation of the parcels of land;

3) observance of the rights of owners of the parcels of land and land users;

4) timely and correct carrying out parcels of land by owners and land users of complex of organizational and economic, agrotechnical, forest melioration and hydrotechnical antierosion actions for recovery and preserving fertility of soils;

5) timely submission to state bodies by owners of the parcels of land and land users of data on availability, condition and use of lands;

6) designing, placement and construction of the residential and production facilities exerting impact on condition of lands;

7) timely and high-quality accomplishment of actions for improvement of lands, to prevention and mitigation of consequences of soil erosion, the salinization, bogging, flooding, desertification, siccation, reconsolidation, littering, pollution and other processes causing degradation of lands;

8) observance of fixed terms of consideration of the applications (petitions) of citizens for provision of the parcels of land by it;

9) safety of land marks;

10) timely return of the lands provided by local executive bodies in temporary land use;

11) land reclamation;

12) removal, preserving and use of fertile layer of earth in case of work, the lands connected with violation;

13) implementation of projects of land management and other projects on use and protection of lands.

3. As the bodies exercising the state control also other questions, stipulated by the legislation the Republic of Kazakhstan enter.";

Part third of Item 3 of Article 152 to state 14) in the following edition:

"The goods prices (works, services) made and (or) realized by the subject of the state monopoly are established by the central authorized body in coordination with antimonopoly authority.";

Item 4 of Article 155 to state 15) in the following edition:

"4. The list of the codes assigned for areas, the city of republican value, areas and the cities of regional (district) value for the purposes of forming of cadastral numbers of the parcels of land is established by the central authorized body.";

Item 3 of Article 161 to state 16) in the following edition:

"3. The procedure for conducting monitoring of lands and use of its data is determined by the central authorized body.".

5. 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; 2014, No. 7, Art. 37; No. 10, Art. 52):

1) subitems 6), 7), 8), 12), 13), 15), 16), 17), 17-1), 17-2), 17-4), 17-5), 17-6), 17-7), 17-8), 17-9), 17-10), 17-11), 17-12), 17-13), 17-14), 17-15), 17-16), 17-17), 17-18) and 17-19) of Article 12 to exclude;

2) in Article 13:

in Item 1:

subitems 8), 12), 18-12), 18-13), 18-14), 18-16), 18-18), 18-20), 18-21), 18-23), 18-24), 18-25), 18-26), 18-28), 18-29), 18-30), 18-31), 18-32), 18-33), 18-34), 18-35), 18-36), 18-37) and 18-38) to state in the following edition:

"Develops 8) and approves rules of conducting the state accounting of forest fund, the state forest inventory, the state monitoring of the woods and forest management in the territory of the state forest fund and provides their maintaining;";

"Stops 12), limits, stops the forest utilization right on sites of the state forest fund, and also the works constituting danger to condition and reproduction of the woods which are under its authority according to the legislation of the Republic of Kazakhstan;";

"18-12) develops and approves rules of provision to forest users of sites under construction objects on lands of the state forest fund where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes; needs of hunting economy; collateral forest use and issue of permission to use of these sites under construction of such objects;

18-13) provides to forest users sites under construction objects on the lands of the state forest fund which are under its authority where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes; needs of hunting economy; collateral forest use, also issues permission to use of these sites under construction of such objects;

18-14) develops and approves the list of derivatives;";

"18-16) develops and approves in coordination with the central authorized body on budgetary planning natural regulations of providing with uniform with distinction signs (without shoulder strap) officials of the state forest inspection and state forest protection of the Republic of Kazakhstan;";

"18-18) develops and approves rules of procurement, conversion, storage and use of forest seeds and control of their quality;";

"18-20) develops and approves rules of leave of wood on root and cabins of the wood on sites of the state forest fund;

18-21) develops and approves rules of establishment of width of forbidden strips of the woods on coast of the rivers, lakes, water storage basins, channels and other water objects;";

"18-23) develops and approves regulations and standard rates on protection, protection, use of forest fund, reproduction of the woods and afforestation on sites of the state forest fund;

18-24) develops and approves rules of procurement of gallipot, wood juice, minor wood resources, collateral use of the wood in the territory of the state forest fund;

18-25) develops and approves rules of reproduction of the woods and afforestation;

18-26) develops and approves instructions for use by sites of the state forest fund for cultivation of landing material and plantatsionny plantings of special purpose;";

"18-28) develops and approves forms of the logging ticket and the forest ticket, the rule of their accounting, storage, filling and issue;

18-29) develops and approves rules of carrying out survey of places of cabins on sites of the state forest fund;

18-30) develops and approves rules of application of brands in the state forest fund;

18-31) develops and approves rules of accounting, determination and compensation of the damage caused by the fires in the territory of forest fund;

18-32) develops and approves rules of accounting and determination of the damage caused by illegal fellings in the territory of forest fund;

18-33) develops and claims in coordination with the central authorized body on budgetary planning of regulation of polozhennost of fire extinguishing means in venues by forest users of improving, recreational, historical and cultural, tourist, sporting and other events in the territory of the state forest fund;

18-34) develops and approves rules of state registration of the agreement of long-term forest utilization on sites of the state forest fund;

18-35) develops and approves rules of expense recovery for bookmark and cultivation of plantations of fast-growing tree and shrubby species, creation and development of private forest nurseries;

18-36) develops and approves regulations on the forest fire station of the state forest owner;

18-37) develops and approves rules on implementation of the state control and supervision of protection, protection, use of forest fund, reproduction of the woods and afforestation by officials of the state forest inspection of the Republic of Kazakhstan;

18-38) develops and approves regulations on the state forest protection;";

add with subitems 18-39), 18-40), 18-41), 18-42), 18-43) and 18-44) of the following content:

"18-39) determines requirements to the plans of fire-proof actions developed by forest users in case of long-term forest utilization;

18-40) exercises the state control of the local executive bodies of areas, the cities of republican value, the capital knowing forestry and which are especially protected by the natural territories;

18-41) develops and approves Rules of branch and valuation of cutting areas on sites of the state forest fund;

18-42) approves rules of provision to forest users of sites under construction objects on lands of the state forest fund where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes; needs of hunting economy; collateral forest use and issue of permission to use of these sites under construction of such objects;

18-43) makes the decision on prohibition of cabins of the wood on sites of the state forest fund in case of threat of degradation or death of the woods;

18-44) develops and approves procedure for transfer from category of lands of forest fund to lands of other categories for the purposes which are not connected with forest management;";

12) of Item 2 to exclude the subitem;

Article 15 to add 3) with subitems 15-1), 15-2) and 15-3) of the following content:

"15-1) stop, limit, stop the forest utilization right on sites of the state forest fund, and also the works constituting danger to condition and reproduction of the woods according to the legislation of the Republic of Kazakhstan in the woods which are under their functional authority;

15-2) provide to forest users sites under construction objects on the lands of the state forest fund which are under their authority where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes; needs of hunting economy; collateral forest use, also issue permissions to use of these sites under construction of such objects;

15-3) perform state registration of the agreement of long-term forest utilization on sites of the state forest fund;";

Paragraph two of subitem 3-2) of Item 1 of Article 21 to state 4) in the following edition:

"about involvement of perpetrators to the administrative responsibility in case of violation of the forest legislation of the Republic of Kazakhstan;";

5) subitems 6-1), 6-2), 6-3), 8) and 10) of Article 26 to state in the following edition:

"6-1) to carry out audit of forest bypasses according to the rules approved by authorized body;

6-2) to carry out survey of places of cabins on sites of the state forest fund according to the procedure, approved by authorized body;

6-3) to perform branding of trees, switches, assortments and stubs according to the rules of application of brands in the state forest fund approved by authorized body;";

"8) to follow the rules of procurement, conversion, storage and use of forest seeds and control of their quality approved by authorized body;";

"10) to create forest fire stations according to the forest management project and (or) the project of the fire-proof device of the woods and to provide their activities according to the regulations on the forest fire station of the state forest owner approved by authorized body;";

Item 1 of Article 33 to state 6) in the following edition:

"1. The agreement of long-term forest utilization on sites of the state forest fund is signed in writing and is subject to state registration according to the rules approved by authorized body.";

Article 35 to state 7) in the following edition:

"Article 35. Procedure for tendering process on provision of forest resources on sites of the state forest fund in long-term forest utilization

The procedure for tendering process on provision of forest resources on sites of the state forest fund in long-term forest utilization is established by authorized body.";

To state Item 9 of Article 36 in the following edition:

"9. The form of the logging ticket and forest ticket, procedure for their accounting, storage, filling and issue are established by authorized body.";

The subitem 7) of Article 38 to state 9) in the following edition:

"To have 7) in venues them in the territory of the state forest fund of improving, recreational, historical and cultural, tourist, sporting and other events and works of fire extinguishing means according to the regulations approved by authorized body;";

The subitem 3) of Article 41 to state 10) in the following edition:

"3) cancellation of the logging ticket, the forest ticket according to the procedure, established by authorized body;";

Item 2 of Article 51 to state 11) in the following edition:

"2. In case of transfer of lands of the state forest fund to lands of other categories for the purposes which are not connected with forest management and (or) withdrawal of lands of the state forest fund for the state needs physical persons and legal entities for the benefit of which the specified transfer and (or) withdrawal are made compensate losses and losses of forestry and landscape production according to the procedure, established by authorized body.";

Part the second Item 2 of Article 55 to state 12) in the following edition:

"The goods prices (works, services) made and (or) realized by the subject of the state monopoly are established by authorized body in coordination with antimonopoly authority.";

Item 1 of Article 56 to state 13) in the following edition:

"1. Forest management is carried out on single system according to the rules, and also the instruction of conducting forest management in the territory of the state forest fund approved by authorized body.";

Item 2 of Article 58 to state 14) in the following edition:

"2. Information on forest fund is state-owned property, the procedure and conditions of its use by physical persons and legal entities are determined by authorized body according to the international treaties ratified by the Republic of Kazakhstan.";

Item 3 of Article 59 to state 15) in the following edition:

"3. The state account of forest fund is kept by the state forest management organization according to the rules approved by authorized body.";

Item 1-1 of Article 60 to state 16) in the following edition:

"1-1. The state forest inventory is kept by the state forest management organization according to the rules approved by authorized body.";

Part the second Article 61 to state 17) in the following edition:

"The state monitoring of the woods is conducted by the state forest management organization according to the rules approved by authorized body.";

Item 2 of Article 63 to state 18) in the following edition:

"2. Actions for forest conservation from the fires are regulated by the fire safety regulations in the woods approved by authorized body.";

Item 1 of Article 65 to state 19) in the following edition:

"1. Aviation works on protection and protection of forest fund are performed by the organizations specializing in the field of carrying out aviation works on protection and protection of forest fund according to the rules approved by authorized body.";

Item 3 of Article 67 to state 20) in the following edition:

"3. Actions for protection of the state forest fund against wreckers and diseases of the wood are regulated by the health regulations in the woods approved by authorized body.";

Item 7 of Article 69 to state 21) in the following edition:

"7. Activities of the state forest protection are determined by the Regulations on the state forest protection approved by authorized body.";

Item 3 of Article 73 to state 22) in the following edition:

"3. The procedure for holding actions on sites of the state forest fund for reproduction of the woods and to afforestation and control of their quality is established by authorized body.";

Item 3 of Article 77 to state 23) in the following edition:

"3. Certification and accounting of subjects to selection and seed-growing appointment on sites of the state forest fund are performed by the organizations specializing in this area, according to the procedure, established by authorized body.";

Item 3-1 of Article 78 to state 24) to the following edition:

"3-1. Certification and accounting of subjects to selection and genetic appointment on sites of the state forest fund are performed by the organizations specializing in this area, according to the procedure, established by authorized body.";

Item 2 of Article 79 to state 25) in the following edition:

"2. Use, movement of seeds and landing material for reproduction of the woods and afforestation are performed according to the procedure, established by authorized body.";

Item 4 of Article 88 to state 26) in the following edition:

"4. Features of use of forest resources and sites of the state forest fund when implementing certain types of forest utilization are determined by acts of authorized body according to this Code.";

Item 3 of Article 96 to state 27) in the following edition:

"3. Rules of procurement of gallipot and wood juice, and also zone of possible tapping of forest stands on sites of the state forest fund affirm authorized body.";

Article 98 to state 28) in the following edition:

"Article 98. Conditions of implementation of collateral forest uses on sites of the state forest fund

Procurement and collection of wild-growing fruits, nuts, mushrooms, berries, herbs and technical raw materials, maralovodstvo, fur farming, placement of beehives and apiaries, truck farming, melon growing and cultivation of other crops on sites of the state forest fund shall be performed without damnification the wood according to the procedure determined by the rules of collateral forest uses in the Republic of Kazakhstan approved by authorized body.";

Item 4 of Article 99 to state 29) in the following edition:

"4. Rules of mowing and pasturage of the cattle on sites of the state forest fund affirm authorized body.";

Item 5 of Article 100 to state 30) in the following edition:

"5. The procedure for use of fauna on sites of the state forest fund, including for needs of hunting economy, is determined by authorized body.";

Item 2 of Article 101 to state 31) in the following edition:

"2. The procedure for use of sites of the state forest fund for the research purposes is established by authorized body.";

Item 3 of Article 102 to state 32) in the following edition:

"3. The procedure for use of sites of the state forest fund for the improving, recreational, historical and cultural, tourist and sports purposes is established by authorized body.";

The subitem 2) of Article 104 to state 33) in the following edition:

"2) financing of forest management in the state forest fund according to the regulations and standard rates approved by authorized body in coordination with the central authorized body on budgetary planning;";

The subitem 19) of Item 1 of Article 113 to state 34) in the following edition:

"19) violation of the procedure approved by authorized body, branch and valuation of cutting areas on sites of the state forest fund;".

6. 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; No. 7, Art. 37; No. 10, Art. 52):

Table of contents to add 1) with heading of Article 39-1 of the following content:

"Article 39-1. Competence of local executive bodies of areas, the cities of regional value in the field of use and protection of water fund, water supply and water disposal";

Item 4 of Article 17 to state 2) in the following edition:

"4. Water objects for joint use are provided by local executive bodies of area, city of republican value, the capital, area, city of regional value according to the procedure, established by authorized body.";

3) subitems 1-1), 1-2), 3), 4), 5), 6), 7), 8), 8-1), 9), 12-1), 14), 15-1), of Article 36 to exclude 16), 17), 18), 19) and 20);

4) in Article 37:

in Item 1:

subitems 3-1) and 5) to state in the following edition:

"3-1) develops and approves criteria of safety of water management systems and constructions;";

"Develops 5) and approves standard rules of general water use;";

add with subitems 7-2), 7-3), 7-4), 7-5), 7-6), 7-7), 7-8), 7-9) and 7-10) of the following content:

"7-2) determines procedure for provision in lease and trust management of water management constructions;

7-3) determines procedure for safety of water management systems and constructions;

7-4) determines procedure for provision of water objects in the isolated or joint use on competitive basis;

7-5) develops and approves procedure for approval, placement and commissioning of the companies and other constructions influencing condition of waters, and also conditions of production of construction and other works on water objects, the water protection zones and strips;

7-6) develops and approves rules of swimming and production of economic, research, prospecting and trade works in territorial waters (sea);

7-7) develops and approves service regulations of the water management constructions located directly on water objects;

7-8) develops and approves rules of primary accounting of waters;

7-9) develops and approves the list of especially important group and local water supply systems which are uncontested sources of water supply;

7-10) determines procedure for development and approval of general and basin schemes of complex use and protection of water resources and water management balances;";

11) and 22) to state subitems in the following edition:

"11) is determined by procedure for conducting the state accounting of waters and their use, the state water inventory and the state monitoring of water objects, performs the state accounting of waters and their use, maintaining the state water inventory and the state monitoring of water objects;";

"Develops 22) and approves rules of establishment of the water protection zones and strips;";

25) to exclude the subitem;

5) in Article 37-1:

subitems 5), and 8-1) to state 6), 7), 8) in the following edition:

"Develops 5) and approves instructions for use by water supply systems and water disposals of settlements;

Develops 6) and approves Regulations of Admission of sewage in systems of water disposal of settlements;

Develops 7) and approves rules of technical operation of water supply systems and water disposal of settlements;

8) develops and approves standard rules of calculation of regulations of consumption of utilities for water supply and water disposal for the consumers who do not have metering devices;

8-1) develops and approves procedure for subsidizing of cost of services in supply of drinking water from especially important group and local water supply systems which are uncontested sources of drinking water supply;";

add with subitem 8-2) of the following content:

"8-2) develops and approves procedure for provision in lease and trust management of the water management constructions providing water supply of the cities and rural settlements;";

To add 6) with Article 39-1 of the following content:

"Article 39-1. Competence of local executive bodies of areas, the cities of regional value in the field of use and protection of water fund, water supply and water disposal

Local executive bodies of the area, city of regional value provide the water objects located within the territory of the area, the city of regional value, in the isolated or joint use on competitive basis according to the procedure, determined by authorized body.";

Item 2 of Article 45 to state 7) in the following edition:

"2. Water management balances and in general on the republic are developed for basins of the main rivers according to the procedure, established by authorized body.";

To state item 4 of Article 46 in the following edition:

"4. Schemes of complex use and protection of water resources are developed according to the procedure, established by authorized body, and financed by budgetary funds.";

Item 3 of Article 83 to state 9) in the following edition:

"3. Requirements of normative and technical, sanitary and epidemiologic and metrological support of control and accounting of waters are developed, approved and affirm according to the procedure, established by authorized body.";

Item 3 of Article 84 to state 10) in the following edition:

"3. The procedure for development and approval of standard rates of maximum permissible harmful effects on water objects is established by authorized body.";

Item 3 of Article 85 to state 11) in the following edition:

"3. The drinking water intended for realization to consumers in packaged type (in large bottles or other reservoirs), individual household and group technical means of cleaning and disinfecting of water, and also the materials used in systems of drinking water supply, reagents, engineering procedures, the equipment and other means are subject to obligatory certification according to the list established by authorized body in the field of technical regulation.";

Item 4 of Article 90 to state 12) in the following edition:

"4. Reference of water object to sources of drinking water supply is performed taking into account its reliability and possibility of the organization of zones of sanitary protection according to the procedure, established by authorized body.";

Item 2 of Article 93 to state 13) in the following edition:

"2. The list of water subjects to improving appointment on representation of authorized bodies in the field of health care, environmental protection, on studying and use of subsoil affirms:

1) republican value - authorized body;

2) local value - local executive bodies of areas, cities of republican value, the capital.";

Item 3 of Article 105 to state 14) in the following edition:

"3. Procedure for reference of water objects to category navigable, approval of the list of the navigable waterways used for navigation, take-off (landing) of aircrafts, and rules of their operation is performed by authorized body.";

Item 5 of Article 116 to state 15) in the following edition:

"5. Rules of establishment of the water protection zones and strips affirm authorized body.";

The subitem 5) of Item 1 of Article 135 to state 16) in the following edition:

"5) subsidizing of cost of services in supply of drinking water from especially important group and local water supply systems which are uncontested sources of drinking water supply according to the list approved by authorized body;".

7. 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; No. 7, Art. 37; No. 10, Art. 52; No. 12, Art. 82; No. 14, Art. 84):

1) in Article 16:

6) to exclude the subitem;

subitems 7) to state 8) and 9) in the following edition:

"Approves 7):

National plan of distribution of quotas for emissions of greenhouse gases;

rules of economic evaluation of damage from environmental pollution;

8) determines the list of the objects of environmental protection having special ecological, scientific and cultural value;

Establishes 9):

borders of the state reserved zone in northern part of the Caspian Sea;

procedure for import, export and transit of waste;

procedure for forming of reserve of assigned amount and reserve of amount of quotas of the National plan of distribution of quotas for emissions of greenhouse gases;

procedure for consideration, approval and projects implementation, directed to emission reduction and absorption of greenhouse gases;";

2) in Article 17:

exclude subitems 1-3) and 1-6);

state subitem 1-7) in the following edition:

"1-7) develops and approves standard rules of calculation of regulations of education and accumulating of utility waste;";

29) to add the subitem with paragraphs the twenty second - the thirty second the following content:

"lists of the best available technologies;

the list of pollutants and types of waste for which standard rates of issues are established;

procedure for trade in quotas and obligations on reducing issue to the environment;

qualification requirements to the licensed type of activity in the field of environmental protection;

technical regulations in the field of environmental protection;

procedure for maintaining the state register of sites of pollution;

procedure for monitoring and control of inventory count of greenhouse gases;

procedure for realization of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases;

rules of development of the management program waste;

rules of the organization and carrying out production environmental monitoring when carrying out oil operations in the Kazakhstan sector of the Caspian Sea;

rules of the organization and carrying out background ecological researches when carrying out oil operations in the Kazakhstan sector of the Caspian Sea;";

30) to add the subitem with paragraphs the sixth - the fifteenth the following content:

"procedure for determination of target indicators of quality of the environment;

procedure for issue of complex ecological permissions and the list of types of industrial facilities for which receipt of complex ecological permissions instead of permissions to issues to the environment is possible;

procedure for issue of permissions to works with use of ozone-depleting substances, repair, installation, equipment maintenance, containing ozone-depleting substances;

accounting treatment for consumption of ozone-depleting substances;

criteria for evaluation of ecological situation of the territories;

ecological criteria for evaluation of lands;

the list of the greenhouse gases which are objects of state regulation;

procedure for creation and the address of parts of assigned amount, emission reduction units, units of certified emission reduction, units of absorption of the greenhouse gases and other derivatives provided by international treaties of the Republic of Kazakhstan;

procedure for issue of quotas for emissions of greenhouse gases;

procedure for realization of ecological (green) investments;";

add with subitems 38-7) and 38-8) of the following content:

"38-7) determines procedure for conducting the state accounting, the state inventories and the state monitoring of natural resources within the competence;

38-8) determines:

list of ecologically dangerous types of economic and other activity;

procedure for holding open tenders of projects in the field of environmental protection;

procedure for management of the ownerless dangerous wastes recognized as the judgment arrived in republican property;

procedure for forming of liquidating funds of polygons of placement of waste;";

Article 20 to add 3) with subitems 17-1), 17-2) and 17-3) of the following content:

"17-1) approve plans of nature protection actions within the competence;

17-2) will organize carrying out applied research and development works in the field of the address with utility waste;

17-3) approve rules of calculation of regulations of education and accumulating of utility waste;";

Article 20-1 to add 4) with subitem 2-1) of the following content:

"2-1) realize state policy in the field of the address with utility waste;";

Item 3 of Article 21 to state 5) in the following edition:

"3. Qualification requirements to the licensed type of activity in the field of environmental protection affirm authorized body in the field of environmental protection.";

Item 6 of Article 24 to state 6) in the following edition:

"6. The procedure for determination of target indicators of quality of the environment is established by authorized body in the field of environmental protection.";

Item 3 of Article 48 to state 7) in the following edition:

"3. Distribution of the objects I of category which are subject to the state environmental assessment between authorized body in the field of environmental protection and its territorial subdivisions is established by authorized body in the field of environmental protection.";

To state item 4 of Article 71 in the following edition:

"4. Distribution of objects I of category for issue of permissions to issues to the environment between authorized body in the field of environmental protection and its territorial subdivisions is established by authorized body in the field of environmental protection.";

Items 2 and 3 of Article 79 to state 9) in the following edition:

"2. Lists of the best available technologies are developed by authorized body in the field of environmental protection with participation of the interested central executive bodies, other legal entities for separate processes and industries and affirm authorized body in the field of environmental protection.

3. The list of types of industrial facilities for which receipt of complex ecological permissions instead of permissions to issues to the environment is possible and procedure for their issue are established by authorized body in the field of environmental protection.";

Item 2 of Article 94-2 to state 10) in the following edition:

"2. Quotas for emissions of greenhouse gases are issued according to the National plan of distribution of quotas for emissions of greenhouse gases according to the procedure, established by authorized body in the field of environmental protection.";

Item 4 of Article 94-4 to state 11) in the following edition:

"4. The procedure for change of quotas for emissions of greenhouse gases and renewal of the certificate on emissions of greenhouse gases is determined by authorized body in the field of environmental protection.";

Item 4 of Article 94-6 to state 12) in the following edition:

"4. The procedure for participation of subjects of administration in realization of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases is established by authorized body in the field of environmental protection.";

Item 1 of Article 94-12 to state 13) in the following edition:

"1. The reserve of assigned amount units which procedure for forming is established by authorized body in the field of environmental protection is formed of part of total amount of emissions of greenhouse gases.";

Item 1 of Article 105 to state 14) in the following edition:

"1. For the purpose of reducing issues to the environment by authorized body in the field of environmental protection market mechanisms by establishment of limits and issues quotas can be entered into the environment and approvals of procedure for trade in quotas and obligations on reducing issue to the environment.";

Item 2 of Article 107 to state 15) in the following edition:

"2. Compulsory ecological insurance is performed according to the Law of the Republic of Kazakhstan "About compulsory ecological insurance". Ecologically dangerous types of economic and other activity are determined by this Code and authorized body in the field of environmental protection.";

Item 3 of Article 145-1 to state 16) in the following edition:

"3. For the purpose of receipt of reliable information about state of environment, its pollution around stationary Items of observations conservation zones in which restrictions for economic activity are set are created. The regulations on stationary Items of observations affirm authorized body in the field of environmental protection.";

Part third of Item 1 of Article 145-2 to state 17) in the following edition:

"The goods prices (works, services) made and (or) realized by the subject of the state monopoly are established by authorized body in the field of environmental protection in coordination with antimonopoly authority.";

Item 4 of Article 158-1 to state 18) in the following edition:

"4. Control of completeness, transparency and reliability of the state inventory count of emissions and absorption of greenhouse gases is carried out annually according to the procedure, established by authorized body in the field of environmental protection.";

Item 3 of Article 158-2 to state 19) in the following edition:

"3. The procedure for maintaining and contents of the state inventory of sources of emissions and absorption of greenhouse gases are determined by authorized body in the field of environmental protection.";

Item 1 of Article 158-4 to state 20) in the following edition:

"1. Accreditation of the independent organizations performing verification, validation (determination) and confirmation of the inventory report of greenhouse gases is carried out by authorized body in the field of environmental protection according to the procedure, approved by authorized body in the field of environmental protection.";

Item 4 of Article 175 to state 21) in the following edition:

"4. Criteria for evaluation of ecological situation of the territories are established by authorized body in the field of environmental protection.";

Part the second Item 2 of Article 199-1 to state 22) in the following edition:

"At the same time moved (imported) the machinery and equipment, recognized as ecologically dangerous, shall be destroyed, utilized or processed with observance of the requirements established by this Code, requirements of industrial safety, the legislation of the Republic of Kazakhstan in the field of sanitary and epidemiologic wellbeing of the population about civil protection and technical regulation, or are exported out of limits of the Republic of Kazakhstan.";

Item 4 of Article 209 to state 23) in the following edition:

"4. Ecological criteria for evaluation of lands for the purpose of determination of need of their transfer from more valuable in less valuable, preservation, and also references to zone of ecological catastrophe or emergency ecological situation affirm authorized body in the field of environmental protection (further - ecological criteria for evaluation of lands).";

Item 7 of Article 264 to state 24) in the following edition:

"7. When carrying out at the sea of oil operations on production the subsoil user shall carry out monitoring of production process by observation and measurements on mouths of wells according to the procedure, determined by authorized body in the field of environmental protection.";

Item 5 of Article 284 to state 25) in the following edition:

"5. Ownerless dangerous wastes arrive in republican property by a court decision. The procedure for management of ownerless dangerous wastes affirms authorized body in the field of environmental protection. Control of such waste is exercised of the subordinated organization of authorized body in the field of environmental protection.";

Items 1, of the 5 and 8 Article 288-1 to state 26) in the following edition:

"1. The management program waste is developed by the physical persons and legal entities having category objects I and II, according to the procedure, approved by authorized body in the field of environmental protection.";

"5. Lists of the best available technologies for conversion of waste are developed by authorized body in the field of environmental protection with participation of the interested central executive bodies, other legal entities and affirm authorized body in the field of environmental protection.";

"8. The management program is developed by waste for the term of no more than ten years and approved within competence with authorized body in environmental protection or local executive bodies.";

Item 10 of Article 303 to state 27) in the following edition:

"10. By the project of polygon of placement of waste creation of liquidating fund for closing, recultivation and conducting monitoring and control of pollution after its closing shall be provided. The procedure for forming of liquidating funds is determined by authorized body in the field of environmental protection.";

Item 1-1 of Article 314 to state 28) in the following edition:

"1-1. Works with use of ozone-depleting substances, repair, installation, equipment maintenance, containing ozone-depleting substances, are performed based on the permission issued by authorized body in the field of environmental protection, according to the procedure, determined by authorized body in the field of environmental protection.";

Item 1 of Article 315 to state 29) in the following edition:

"1. The legal entities and individual entrepreneurs performing consumption of ozone-depleting substances are subject to accounting according to the procedure, established by authorized body in the field of environmental protection.";

The paragraph third Item 2 of Article 316 to state 30) in the following edition:

"annually no later than the first quarter of the year following reporting represent to authorized body in the field of environmental protection of the data on actually imported, exported and realized amount of ozone-depleting substances on scopes in the form established by authorized body in the field of environmental protection.";

Item 5 of Article 324 to state 31) in the following edition:

"5. Action of the license for ecologically dangerous types of economic activity according to the list approved by authorized body in the field of environmental protection which are not subject to licensing according to this Code stops from the date of enforcement of this Code.

Within six months from the date of enforcement of this Code the physical persons and legal entities having licenses for ecologically dangerous types of economic activity according to the list approved by authorized body in the field of environmental protection shall return them to authorized body in the field of environmental protection.".

8. In the Labor code of the Republic of Kazakhstan of May 15, 2007 (The sheet of Parliament of the Republic of Kazakhstan, 2007, No. 9, Art. 65; No. 19, Art. 147; No. 20, Art. 152; No. 24, Art. 178; 2008, No. 21, Art. 97; No. 23, Art. 114; 2009, No. 8, Art. 44; No. 9-10, of Art. 50; No. 17, Art. 82; No. 18, Art. 84; No. 24, Art. 122, 134; 2010, No. 5, Art. 23; No. 10, Art. 48; No. 24, Art. 146, 148; 2011, No. 1, Art. 2, 3; No. 11, Art. 102; No. 16, Art. 128; 2012, No. 3, Art. 26; No. 4, Art. 32; No. 5, Art. 41; No. 6, Art. 45; No. 13, Art. 91; No. 14, Art. 92; No. 15, Art. 97; No. 21-22, of Art. 123; 2013, No. 2, Art. 13; No. 3, Art. 15; No. 7, Art. 36; No. 9, Art. 51; No. 10-11, of Art. 56; No. 14, Art. 72, 75; No. 15, Art. 78, 81; No. 16, Art. 83; No. 23-24, of Art. 116; 2014, No. 2, Art. 10; No. 7, Art. 37; No. 8, Art. 44, 49; No. 11, Art. 67; No. 14, Art. 84; The Law of the Republic of Kazakhstan of July 4, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the criminal procedure legislation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 10, 2014):

Articles 15 and 16 to state 1) in the following edition:

"Article 15. Competence of the Government of the Republic of Kazakhstan in regulation of employment relationships

Government of the Republic of Kazakhstan:

1) develops the main directions and provides realization of state policy in the field of work, safety and labor protections;

2) determines the sizes of social benefit by temporary disability;

3) is approved by Standard regulations on payment terms of work and awarding of leading employees of the national companies, joint-stock companies which controlling stocks the state owns;

4) is determined by the list of positions of civil servants;

5) approves wages system of employees of the organizations containing at the expense of means of the government budget;

6) signs the general agreement with republican associations of employers and republican associations of workers;

7) is established by procedure for acceptance of regulatory legal acts in the field of safety and labor protection by the relevant authorized bodies;

8) approves limit of the number of staff of the civil servants performing maintenance and providing functioning of state bodies if other is not established by the legislation of the Republic of Kazakhstan;

9) performs other functions assigned to it by the Constitution, the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 16. Competence of authorized state body on work in the field of regulation of employment relationships

Authorized state body on work:

1) realizes state policy in the field of work, safety and labor protections;

2) will be organized by the state control of observance of the labor law of the Republic of Kazakhstan, including the requirement for safety and labor protection, legislations of the Republic of Kazakhstan on employment of the population, and also coordinates activities and performs check of activities of local body for inspection of work;

3) performs coordination and methodical management of local executive bodies in the field of regulation of employment relationships;

4) requests necessary information from local authorities on inspection of work concerning employment relationships;

5) is approved by appointment of the chief state inspector of work of area, city of republican value, the capital;

6) is coordinated by activities of state bodies for development of technical regulations in the field of safety and labor protection;

7) performs coordination and interaction in the field of safety and labor protection with other state bodies, and also with employee representatives and employers;

8) establishes replacement procedure and review standard (industry, cross-industry) regulations and standard rates on work;

Develops 9) and approves standard regulations and standard rates on work single (cross-industry) for all fields of activity in coordination with state bodies of the corresponding fields of activity;

Develops 10) and approves the list of names of positions of the workers belonging to administrative personnel;

11) is established by procedure for representation, consideration and approval of regulations of work in the organizations, on services (goods, works) of which state regulation of rates (the prices, rates of charges) is entered;

12) is established by procedure for representation, consideration and approval of parameters on wages system of employees of the organizations, on services (goods, works) of which state regulation of rates (the prices, rates of charges) is entered;

13) performs registration of the industry agreements and regional agreements signed at the level of area (the city of republican value, the capital);

14) provides training and certification of the state inspectors of work;

15) exercises control of timely and objective conducting investigation of labor accidents according to the procedure, established by the legislation of the Republic of Kazakhstan;

16) is performed by international cooperation in the field of regulation of employment relationships;

17) is determined by procedure for development, review, approval and application of reference books, qualification characteristics;

Considers 18) and approves standard qualification characteristics of positions of heads, specialists and other employees of the organizations of different types of economic activity;

19) is established by approval procedure standard (industry, cross-industry) regulations and standard rates on work of the corresponding fields of activity by authorized state bodies;

20) is determined by the list of productions, workshops, professions and positions, the list of hard work, works with harmful (especially harmful) and (or) dangerous working conditions in which work grants the right to the reduced duration of working hours, additional paid annual labor vacation and the increased amount of compensation, and also procedure for their provision;

21) creates the commission for investigation of group accidents in case of death from three to five people;

22) will organize monitoring and risks assessment in the field of safety and labor protection;

Develops 23) and approves forms of the obligatory departmental reporting, checking sheets, criteria for evaluation of risk degree according to the Law of the Republic of Kazakhstan "About the state control and supervision in the Republic of Kazakhstan";

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