LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2014 No. 269-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning cardinal improvement of conditions for business activity in the Republic of Kazakhstan

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, No. 4-5, of Art. 24; No. 10, Art. 52; No. 11, Art. 61, 63; No. 14, Art. 84; The Law of the Republic of Kazakhstan of November 7, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning further enhancement of system of public administration", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 8, 2014):

Item 2 of Article 33 to state 1) in the following edition:

"2. The legal entity has seal with the name. This requirement does not extend on legal entities who are subjects of private entrepreneurship, except as specified, provided by this Code and the laws of the Republic of Kazakhstan.";

Item 2 of Article 118 to state 2) in the following edition:

"2. The rights (encumbrance of the rights) to real estate arise, change and stop from the moment of state registration if other is not established by this Code and the Law of the Republic of Kazakhstan "About state registration of the rights to real estate". If registration it is not refused, the moment of state registration the moment of filing of application is recognized, and in case of electronic registration - the moment of confirmation of origin, change or termination of the rights (encumbrances of the rights) by registering body by sending the notification on the made registration.";

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

"The laws of the Republic of Kazakhstan and (or) upon the demand of one of the parties additional requirements to which there shall correspond the transaction form, in particular, making on the form of certain form, fastening can be established by seal and to be provided effects of non-compliance with these requirements.";

Item 6 of Article 167 to state 4) in the following edition:

"6. The power of attorney on behalf of the legal entity is issued signed by his head or the other person authorized on it by its constituent documents and sealed this organization if this person according to the legislation of the Republic of Kazakhstan have seal.";

Part one of Item 1 of Article 307 to state 5) in the following edition:

"1. In the pledge agreement the subject of pledge and its assessment, being, the size or maximum amount and completion date of the obligation provided with pledge shall be specified. It shall contain also specifying on what of the parties has pledged property and admissibility of its use. By agreement of the parties the personal estate which is pledge subject can have the general description of subject of pledge without requirement of the specific description of mortgage providing.";

Part the second Item 1 of Article 309 to state 6) in the following edition:

"In the cases provided by the agreement or legal acts, the right of pledge can extend to the separable fruits received as a result of use of pledged property, products and the income, and also assets and the replaced assets acquired in subsequent.".

2. 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; No. 19-I, 19-II, Art. 96; The law of the Republic of Kazakhstan of November 7, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning further enhancement of system of public administration", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 8, 2014):

Item 7 of Article 663 to state 1) in the following edition:

"7. In the cases provided by legal acts, the constructed objects shall be accepted by the customer.

In case of acceptance in operation of poor constructed objects the customer bears the responsibility established by the laws of the Republic of Kazakhstan.";

The subitem 10) to state 2) to part one of Item 2 of Article 799 in the following edition:

"10) the authorized signature and seal of warehouse (in case of its availability).".

3. 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; 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; No. 16, Art. 90; No. 19-I, 19-II, Art. 94, 96; The Law of the Republic of Kazakhstan of November 3, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction to extremism and terrorism", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 6, 2014; The Law of the Republic of Kazakhstan of November 7, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning further enhancement of system of public administration", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 8, 2014; The law of the Republic of Kazakhstan of November 17, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning further simplification of administration of law, decrease in bureaucratic procedures", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 19, 2014):

add Article 48 with Item 6 of the following content:

"6. The parties participating in the corporate dispute having the right to request each other documents relevant, without specifying each specific document, according to provisions of this Code.

The parties cannot request each other the documents containing the state secrets or other secret protected by the law.".

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; No. 19-I, 19-II, Art. 96; The law of the Republic of Kazakhstan of November 3, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction to extremism and terrorism", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 6, 2014; The Law of the Republic of Kazakhstan of November 7, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning further enhancement of system of public administration", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 8, 2014):

1) in Chapter 9 of table of contents:

to add heading of Article 92 with the words "and not mastered";

add with heading of Article 96-1 of the following content:

"Article 96-1. The register of persons from whom the parcels of land are compulsorily withdrawn";

2) in Article 12:

20) to exclude the subitem;

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

"20-1) register of persons from whom the parcels of land are compulsorily withdrawn, - data set, fixed on the paper and (or) electronic media providing identification of physical persons and legal entities from which the parcels of land based on the judgment which took legal effect, according to Articles 92 and 93 of this Code are compulsorily withdrawn;";

The subitem 6) of Article 13 to state 3) in the following edition:

"6) determination of procedure for reference of lands to especially protected natural territories;";

4) in Item 1 of Article 14:

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

"2-2) development and approval of rules of reservation of lands;";

exclude subitem 7-1);

add with subitem 15-1) of the following content:

"15-1) forming and maintaining the register of persons from which the parcels of land are compulsorily withdrawn;";

16) to exclude the subitem;

5) in Article 14-1:

in Item 1:

exclude subitems 14-2), 14-3), 14-4), 14-5) and 14-6);

add with subitems 16) and 17) of the following content:

"16) provision of information in the central authorized body on persons from whom the parcels of land based on the judgment which took legal effect, according to Articles 92 and 93 of this Code are compulsorily withdrawn;

17) filing of application in authorized body in the field of state registration of the rights to real estate on establishment and the termination of encumbrance on the parcel of land according to part three of Item 2 of Article 94 of this Code;";

in Item 2:

subitems 21) to exclude 22), 23), 24) and 25);

add with subitems 26) and 27) of the following content:

"26) provision of information in the central authorized body on persons from whom the parcels of land based on the judgment which took legal effect, according to Articles 92 and 93 of this Code are compulsorily withdrawn;

27) filing of application in authorized body in the field of state registration of the rights to real estate on establishment and the termination of encumbrance on the parcel of land according to part three of Item 2 of Article 94 of this Code;";

Part third of Item 1 of Article 24 to state 6) in the following edition:

"Foreigners, stateless persons, foreign legal entities, and also legal entities in whose authorized capital the share of foreigners, constitutes persons without citizenship, foreign legal entities more than fifty percent, can have the parcels of land of agricultural purpose only on the right of temporary land use under lease for up to twenty five years.";

Part the sixth Item 1 of Article 33 to add 7) with the subitem 4) of the following content:

"4) by transfer of the right of subsurface use according to the legislation of the Republic of Kazakhstan on subsoil and subsurface use.";

8) in Article 37:

add with Item 2-1 of the following content:

"2-1. Provision of the right to the parcel of land in case of the conclusion of the contract for new term is made according to the procedure, stipulated in Article 43 of this Code, except for the requirements established by subitems 2), 3), 5) and 8) of Item 1 of Article 43 of this Code on condition of invariance of borders of this parcel of land.";

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

"2) for conducting commodity agricultural production:

to non-state legal entities of the Republic of Kazakhstan for a period of up to forty nine years;

to foreigners, stateless persons and foreign legal entities, and also legal entities in whose authorized capital the share of foreigners, constitutes persons without citizenship, foreign legal entities more than fifty percent, for a period of up to twenty five years.";

add with Item 6 of the following content:

"6. Transfer of the land use right to the parcel of land granted for the purposes of subsurface use is made based on transfer of the right of subsurface use from one person to other person according to the legislation of the Republic of Kazakhstan on subsoil and subsurface use.

At the same time the agreement of temporary land use (lease) is renewed by authorized body of area on the new subsoil user based on the supplementary agreement to the contract of subsurface use and the agreement on concession of the rights and obligations under the contract of temporary land use (lease) for the new subsoil user.";

9) in Article 43:

the paragraph one of Item 1 to state in the following edition:

"1. Provision of the right to the parcel of land from the lands which are in state-owned property, except as specified, provided by Articles 44, 44-1 and 45, and also the lands put up for sale (tenders, auctions) according to article 48 of this Code, is made in the following procedure:";

the sixth Item 3 to state part in the following edition:

"In cases if the applicant consists in the register of persons from whom the parcels of land are compulsorily withdrawn, or the applicant provides incomplete document package, necessary for decision making about provision or about refusal in provision of the right to the parcel of land, authorized bodies of areas, the cities of republican value, the capital, areas, the cities of regional value in the location of the parcel of land within two working days give written refusal to the applicant in consideration of the application.";

Part one of Item 7 of Article 44 to add 10) with the paragraph the eighth the following content:

"data on divisibility (indivisibility) of the parcel of land;";

Part the fourth Item 3 of Article 47 to state 11) in the following edition:

"The decision on provision of the parcel of land in property shall be made within fifteen working days from the date of submission of the statement by the land user in written to form in local executive body.";

12) in Article 48:

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

"1) for implementation of investment projects;";

state Item 2 in the following edition:

"2. To foreigners and stateless persons - winning bidders (tenders, auctions) the parcels of land for conducting commodity agricultural production, afforestation, subsidiary agricultural industry are provided in temporary land use under lease for up to twenty five years.";

add with Item 7 of the following content:

"7. The decision of local executive body on provision of the parcel of land or right of lease of the parcel of land is accepted no later than two working days after completion of the biddings (tenders, auctions). The purchase and sale agreement or leases of the parcel of land consists within one working day from the date of decision making.";

Article 49-1 to state 13) in the following edition:

"Article 49-1. Procedure for change of purpose of the parcel of land

1. Change of purpose of the parcel of land is performed in the following procedure:

1) acceptance to consideration of the application about change of purpose of the parcel of land;

2) determination of possibility of use of the parcel of land on required purpose;

3) approval of the statement for change of purpose of the parcel of land by means of the state information systems or on papers in case of absence at the approving bodies of these systems;

4) preparation of the conclusion of the commission created by local executive bodies according to Item 2 of Article 43 of this Code;

5) creation of the land cadastral plan of the parcel of land in case of change of purpose of the parcel of land located within the settlement, for the purposes of construction;

6) decision making by local executive body of area, city of republican value, the capital, area, city of regional value, the akim of the city of district value, the settlement, village, rural district within competence about change of purpose of the parcel of land;

7) production of the identification document on the parcel of land.

2. The physical persons and legal entities interested in change of purpose of the parcel of land submit the application to local executive body of area, city of republican value, the capital, area, city of regional value, to the akim of the city of district value, the settlement, village, rural district in the location of the parcel of land in paper form or by means of the web portal of "the electronic government" or service center of the population according to the legislation of the Republic of Kazakhstan.

Registration number by date of its acceptance is assigned to the statement and the notification confirming filing of application in which the date of receipt of the decision concerning change of purpose of the parcel of land or in its refusal is specified is issued to the applicant.

The following data are specified in the statement:

cadastral number of the parcel of land;

required purpose of the parcel of land;

area of the parcel of land;

number and date of title and identification documents on the parcel of land.

3. The application for change of purpose of the parcel of land is considered till thirty calendar days from the moment of its receipt.

4. Local executive body of area, city of republican value, the capital, area, city of regional value, the akim of the city of district value, the settlement, village, rural district within one working day directs the arrived application for change of purpose of the parcel of land to authorized body of area, city of republican value, the capital, area, city of regional value or to the structural division of the relevant local executive body performing functions in the field of architecture and town planning within competence.

5. The authorized body of area, city of republican value, the capital, area, city of regional value or the structural division of local executive body performing functions in the field of architecture and town planning within competence within three working days from the date of receipt of the statement determines possibility of use of the parcel of land by the declared purpose and sends it for approval to at the same time all interested state bodies, the relevant services.

6. The approving bodies within five working days represent the corresponding conclusions about possibility of use of the parcel of land on the declared purpose, and if necessary, about specifications of connection to engineering networks.

7. The authorized body of area, city of republican value, the capital, area, city of regional value or the structural division of local executive body performing functions in the field of architecture and town planning within competence within three working days from the date of receipt of the conclusions prepares the offer on possibility of use of the parcel of land on the declared purpose.

8. The decision on change of purpose of the parcel of land is made based on the conclusion of the commission created according to Item 2 of Article 43 of this Code. The conclusion of the commission is constituted in duplicate in the form of the legal decision within five working days from the moment of receipt in the commission of the offer on possibility of change of purpose of the parcel of land.

9. In case of change of purpose of the parcel of land located within the settlement for the purposes of construction the land cadastral plan according to the procedure, provided in Item 7 of Article 44-1 of this Code is constituted.

10. The authorized body of area, city of republican value, the capital, area, city of regional value or the structural division of local executive body performing functions in the field of architecture and town planning within competence within three working days from the moment of receipt of the corresponding conclusion of the commission, and in case of change of purpose of the parcel of land located within the settlement for the purposes of construction within three working days from the moment of approval of the land cadastral plan prepares the relevant decision of local executive body of area, city of republican value, the capital, area, city of regional value, the akim of the city of district value, the settlement, village, rural district.

11. The decision of local executive body of area, city of republican value, the capital, area, city of regional value, the akim of the city of district value, the settlement, village, rural district on change or on refusal in change of purpose of the parcel of land is accepted within five working days from the moment of receipt of the corresponding conclusion of the commission, in case of change of purpose of the parcel of land located within the settlement, for the purposes of construction - within five working days from the moment of approval of the land cadastral plan.

12. The refusal in change of purpose of the parcel of land shall be motivated.

13. The copy of the decision of local executive body of area, city of republican value, the capital, area, city of regional value, the akim of the city of district value, the settlement, village, rural district about consent or on refusal in change of purpose of the parcel of land is handed to the applicant within three working days after its acceptance.

The decision of local executive body of area, city of republican value, the capital, area, city of regional value, the akim of the city of district value, the settlement, village, rural district on change of purpose of the parcel of land shall contain:

cadastral number of the parcel of land;

purpose of the parcel of land;

area of the parcel of land.

In case of filing of application in electronic form by means of the web portal of "the electronic government" the decision of local executive body of area, city of republican value, the capital, area, city of regional value on consent or on refusal in change of purpose of the parcel of land goes to the applicant in electronic form no later than three working days after its acceptance in time.

14. In case of change of purpose of the parcel of land the term of production of identification documents constitutes no more than six working days.";

14) in Article 79:

add item 4 with part three of the following content:

"Transfer to pledge of the parcels of land on which strategic objects are located is allowed in coordination with the Government of the Republic of Kazakhstan according to the procedure and on the conditions established by the laws of the Republic of Kazakhstan.";

add Item 5 with parts three and the fourth the following content:

"At the same time the consent of the owner of the parcel of land which is in state-owned property in case of pledge of the right of land use is not required, except for the case provided by part three of item 4 of this Article.

The list of the documents and data specified in parts one and the second this Item is exhaustive.";

Articles 92, 93 and 94 to state 15) in the following edition:

"Article 92. Forced withdrawal at the owner and the land user of the parcel of land which is not used for designated purpose and is not mastered

1. The term and conditions of development of the parcel of land, except as specified, provided by this Article are determined by local executive bodies of areas, cities of republican value, the capital, areas, cities of regional value, akims of the cities of district value, settlements, villages, rural districts, and in the territory of special economic zone - local executive bodies of the corresponding administrative and territorial unit or governing body of special economic zone within their competence on provision of the parcels of land established by this Code depending on purpose of the provided parcel of land and legal regime of the lands established in this territory according to zoning of lands and town-planning regulations and are reflected in purchase and sale agreements or land use (lease).

2. If the parcel of land intended for construction is not used for designated purpose within three years from the date of decision making about its provision (if longer term is not provided by the design estimates), then such parcel of land is subject to forced withdrawal according to the procedure, stipulated in Article 94 of this Code, except for the parcel of land which is in private property of citizens of the Republic of Kazakhstan for individual housing construction.

In cases if the parcel of land for construction of the individual apartment house is provided on the land use right on unprepared platforms, the term of development of such parcel of land is estimated from the moment of providing it in the corresponding engineering (utility) infrastructure.

3. In cases if the parcel of land intended for conducting agricultural production including country or farm, is not used for designated purpose in total two years during the five-year period from the moment of initial identification of the fact of non-use, then such parcel of land is subject to forced withdrawal according to the procedure, stipulated in Article 94 of this Code.

These periods do not join time during which the parcel of land could not be used for designated purpose owing to force majeure.

4. Treat cases of non-use of the parcel of land provided for conducting agricultural production to destination:

1) on ploughland - not work on processing of the parcel of land under sowings of agricultural crops;

2) on haymakings - not carrying out on the mowing parcel of land, overgrowing availability its weeds, bushes, small forest and other signs of degradation of herbage more than two years;

3) on pastures - lack of farm animals for pasture or their availability in number of less than twenty percent from maximum permissible regulation of the load of the total area of pastures established by authorized body in the field of development of agro-industrial complex, and (or) mowing for the purpose of procurement of forages;

4) on long-term plantings - not work on leaving, harvesting and stubbing of written off long-term plantings.

5. Forced withdrawal of the parcel of land which is not used for designated purpose and is not mastered does not extend to the parcel of land belonging on the property right to orphan children, children without parental support before achievement of age of twenty one years by them.

Article 93. Forced withdrawal at the owner and the land user of the parcel of land used with violation of the law of the Republic of Kazakhstan

1. Use of the parcel of land or its part with violation of the law of the Republic of Kazakhstan attracts responsibility according to the Code of the Republic of Kazakhstan about administrative offenses.

2. In cases if the parcel of land is used with violation of the law of the Republic of Kazakhstan, then such parcel of land is subject to forced withdrawal according to the procedure, stipulated in Article 94 of this Code.

3. With violation of the law of the Republic of Kazakhstan treat cases of use of the parcel of land:

1) use of the parcel of land or its part not according to purpose;

2) use of the parcel of land or its part with violation of the requirements determined by rules of rational use of lands of agricultural purpose;

3) non-compliance with requirements, stipulated in Clause 99th of this Code;

4) use of the parcel of land which led to considerable deterioration in ecological situation.

4. If violation of the law of the Republic of Kazakhstan by the owner of the parcel of land or the land user consists in use of the parcel of land not on purpose, then the owner of the parcel of land or the land user is granted the right within two months from the moment of receipt of the instruction about elimination of the revealed violations to address to local executive body of area, city of republican value, the capital, area, city of regional value, to the akim of the city of district value, the settlement, village, rural district in the location of the parcel of land about change of its purpose.

5. In cases when use of the parcel of land or its part which led to essential decrease in fertility of farmlands or to considerable deterioration in ecological situation the owner of the parcel of land or the land user indemnify to the state loss according to the civil legislation of the Republic of Kazakhstan, except as specified, arisen owing to force majeure.

Article 94. Procedure for forced withdrawal of the parcel of land which is not used for designated purpose or used with violation of the law of the Republic of Kazakhstan

1. The forced seizure of land at owners of the parcels of land and land users provided by Articles 92 and 93 of this Code is made judicially in the claim of the bodies exercising the state control of use and protection of lands for the location of the parcel of land.

In case of presentation of the claim for forced seizure of land, being in pledge, on the bases, the provided Articles 92 and 93 of this Code, the pawnbroker shall be notified on the beginning of the procedure of withdrawal of such parcels of land.

The notification to the pawnbroker goes the relevant organ exercising the state control of use and protection of lands, which filed a lawsuit the claim.

2. The claim for forced withdrawal of the parcel of land in the case provided by Articles 92 and 93 of this Code is shown after application of the disciplinary measures provided by the Code of the Republic of Kazakhstan about administrative offenses and after the term of the instruction this to the owner of the parcel of land or the land user for taking measures to use of the parcel of land to destination and on elimination of violations of the law of the Republic of Kazakhstan.

Term for taking measures to use of the parcel of land is to destination established one year, and on elimination of violations of the law of the Republic of Kazakhstan - three months from the moment of identification of the fact of non-use of the parcel of land to destination or violations of the law of the Republic of Kazakhstan.

The instruction about need to eliminate violations of the law of the Republic of Kazakhstan as encumbrances of the right to the parcel of land is subject to state registration according to the Law of the Republic of Kazakhstan "About state registration of the rights to real estate".

3. In case of forced withdrawal of the parcel of land at the owner of the parcel of land or the land user by a court decision on the bases specified in Articles 92 and 93 of this Code, the property right to the parcel of land or the right of land use (on the relation of the lease rights to the parcel of land redeemed from the state) is on sale at the biddings (tenders, auctions) according to the procedure, the established civil procedural legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on enforcement proceeding and the status of legal executives.

4. In case of forced withdrawal of the parcel of land provided on a grant basis at the owner by a court decision on the bases specified in Article 92 of this Code, this parcel of land is enlisted in special land fund for further redistribution without cost recovery to the owner of the parcel of land.

At the same time such owner (provided that the withdrawn parcel of land was provided based on the subitem 2) of Item 3 of article 9 of this Code) has the right of repeated receipt of the parcel of land on a grant basis for the same purposes taking into account provisions, stipulated in Clause 96-1 of this Code.

5. The realized sum after deduction of expenses on forced withdrawal of the parcel of land and payment to the pawnbroker in the amount of requirements for obligations which execution is provided with pledge of the parcel of land or right of land use is paid to the former owner of the parcel of land or the land user.

In case of impossibility of realization of such parcel of land or right of land use to it after carrying out at least three biddings (tenders, auctions) within one year the parcel of land is enlisted by a court decision in special land fund.

6. The judgment which took legal effect about forced withdrawal of the parcel of land is the basis for inclusion of person from which the parcel of land, in the corresponding register of persons from whom the parcels of land are compulsorily withdrawn is compulsorily withdrawn.";

To add 16) with Article 96-1 of the following content:

"Article 96-1. The register of persons from whom the parcels of land are compulsorily withdrawn

1. Forming and maintaining the register of persons from which the parcels of land are compulsorily withdrawn are performed by the central authorized body based on information provided by authorized body on land relations of area, city of republican value, the capital.

2. The authorized body on land relations of area, city of republican value, the capital within three working days based on the judgment which took legal effect according to Articles 92 and 93 of this Code sends information to the central authorized body in which are specified:

1) surname, name, middle name (in case of its availability) physical person, and also data of the identity document, its individual identification number;

2) name of the legal entity and his business and identification number;

3) the location, the square and purpose of the withdrawn parcel of land;

4) type and structure of violation of the law of the Republic of Kazakhstan;

5) decision date of court and its introduction in legal force.

The central authorized body within two working days from the moment of receipt of information enters it in the register of persons from whom the parcels of land are compulsorily withdrawn.

3. The data containing in the register of persons from whom the parcels of land are compulsorily withdrawn are excluded after three years from the date of the introduction in legal force of the judgment about forced withdrawal of the parcel of land based on Articles 92 and 93 of this Code.

The specified data are excluded also in cases of cancellation of the judgment about forced withdrawal of the parcel of land according to the statement of person from which the parcel of land, within one working day is compulsorily withdrawn.

The copy of the judgment is enclosed to the application.

4. Provision of the parcels of land to the physical persons and legal entities which are in the register of persons from whom the parcels of land are compulsorily withdrawn is not allowed.";

17) in Article 97:

add with Item 3-2 of the following content:

"3-2. Change of purpose of lands of agricultural purpose, for individual housing construction and for maintaining personal subsidiary farm, except as specified expansions of lands of settlements according to master plans is not allowed (or their replacing scheme of development and building of settlements numbering up to five thousand people).";

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

"3) to foreigners, stateless persons, foreign legal entities, and also legal entities in whose authorized capital the share of foreigners, constitutes persons without citizenship, foreign legal entities more than fifty percent, in temporary land use under lease for up to twenty five years.";

Article 102 to state 18) in the following edition:

"Article 102. The parcels of land for personal subsidiary farm, gardening and country construction

1. The parcels of land from lands of rural settlements are provided to citizens of the Republic of Kazakhstan for maintaining personal subsidiary farm.

2. The parcel of land for maintaining personal subsidiary farm consists of home and field plots.

The home plot is provided in borders (line) of rural settlements and is used for production of agricultural products, and also construction of the apartment house, economic and household constructions according to the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities.

The field plot is provided from lands of rural settlements according to the project of the land and economic device of the territories of the inhabited part or in the territory placed under administrative authority and is used only for production of agricultural products.

3. The parcels of land from lands of agricultural purpose, rural settlements and inventory are provided to citizens of the Republic of Kazakhstan for conducting gardening and country construction.

4. The citizens who are owners of the parcels of land for maintaining the personal subsidiary farm, gardening and country construction having the right to unite in common interests in particular partnerships, gardening or other consumer cooperatives which legal status is determined by the laws of the Republic of Kazakhstan.

5. When the parcels of land intended for gardening or country construction are in separate property of citizens of the Republic of Kazakhstan, and the parcels of land and other property intended for satisfaction of general needs of owners of the parcels of land are in their common ownership, regulations about condominium are applied to the relations between the owners connected by common property.";

Part one of Item 3 of Article 105 to add 19) with the subitem 6) of the following content:

"6) construction of facilities, connected with farming.";

Item 3 of Article 107 to state 20) in the following edition:

"3. The earth of settlements are divided into the following functional zones:

1) housing;

2) social;

3) commercial;

4) other.

Enter housing zone the earth of the housing estate, occupied with structures and intended for building by apartment and multi-storey apartment houses, individual apartment houses with the home parcels of land.

Enter social zone the earth of socially business building, occupied and intended for placement of the state and non-commercial objects.

Enter commercial zone the earth of production facilities, objects of trade, public catering, consumer services, objects of engineering and transport infrastructure, and also for establishment of sanitary protection zones of these objects and other objects connected with business activity.

Other zone includes lands:

1) transport, the bonds, engineering communications occupied and intended for constructions of rail, road, river, sea, air and pipeline transport, highways of engineering infrastructure and communication;

2) especially protected natural territories, improving, recreational and historical and cultural appointment;

3) forest fund;

4) reservoirs and water areas, occupied with the rivers, natural and artificial reservoirs and water areas, the water protection zones, hydraulic engineering and other water management constructions;

5) agricultural use;

6) public, the occupied and intended for occupation squares, streets, sidewalks, drives, roads, embankments, parks, squares, forest parks, boulevards, reservoirs, beaches, cemeteries and other objects intended for satisfaction of needs of the population (water supply systems, heating pipes, treatment facilities and other engineering systems public, and also conservation zones of thermal networks and engineering systems public);

7) reserve and others, not involved in town-planning activities, intended for territorial development of the settlement and development of personal subsidiary farm;

8) special purpose, allocated for placement of crematoriums, cattle mortuaries (biothermal holes), dumps of household waste and other objects which use is impossible without establishment of special standard rates and rules;

9) the defenses provided for needs and homeland security, and also other mode of use.";

Item 1 of Article 109 to add 21) with parts three and the fourth the following content:

"The purpose of the parcels of land of settlements is determined according to functional zones, stipulated in Item 3 articles 107 of this Code.

In case of use of the parcel of land within one functional zone change of purpose of the parcel of land is not required.";

The paragraph third Item 2 of Article 145 to exclude 22);

23) in Item 2 of Article 153:

2) to state the subitem in the following edition:

"2) designing by training and to streamlining of land use, projects of recultivation of the broken lands, establishment of borders of the parcels of land on the area;";

add with the subitem 4) of the following content:

"4) carrying out inventory count of lands.";

Item 4 of Article 155 to state 24) in the following edition:

"4. The list of the codes assigned for areas, the cities of republican value, the capital, 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.".

5. 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; No. 19-I, 19-II, Art. 96; The Law of the Republic of Kazakhstan of November 7, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning further enhancement of system of public administration", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 8, 2014):

Article heading 54 tables of contents to state 1) in the following edition:

"Article 54. Examination in the field of use and protection of water fund";

The subitem 28) of Item 1 of Article 37 to exclude 2);

3) in Article 54:

state heading in the following edition:

"Article 54. Examination in the field of use and protection of water fund";

in Item 1:

the paragraph one to state in the following edition:

"1. In the field of use and protection of water fund the following types of examination are performed:";

1) to exclude the subitem;

2) to state the subitem in the following edition:

"2) complex non-departmental examination of feasibility statements and the design estimates on construction and reconstruction, operation, preservation and liquidation of the economic and other objects influencing condition of water objects;";

exclude Item 2;

state Items 3 and 7 in the following edition:

"3. Complex non-departmental examination of feasibility statements and the design estimates on construction and reconstruction, operation, preservation and liquidation of the economic and other objects influencing condition of water objects is performed for the purpose of check of its compliance to basic data, specifications and requirements, and also provisions of the regulating documents approved according to the procedure, determined by the legislation of the Republic of Kazakhstan.";

"7. The procedure for conducting complex non-departmental examination of the projects (feasibility statements, the design estimates) intended for construction of new objects, and also reconstruction (expansions, modernization, upgrade) or capital repairs of the existing buildings and constructions, their complexes, engineering and transport communications, is performed according to the procedure, determined by the legislation of the Republic of Kazakhstan.";

Items 3 and 4 of Article 75 to state 4) in the following edition:

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

Deprivation of permission to special water use is performed according to the Code of the Republic of Kazakhstan about administrative offenses.

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

5) in Article 125:

add Item 3 with part two of the following content:

"The procedure for approval is determined by the standard rules of building approved according to the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities.";

state Item 7 in the following edition:

"7. In the water protection zones and strips the construction (reconstruction, capital repairs) of the companies, buildings, constructions and communications without availability of the projects approved according to the procedure, established by the legislation of the Republic of Kazakhstan is forbidden, and the received positive decision of the complex non-departmental examination of construction projects (feasibility statements, the design estimates) including conclusions of industry examinations.".

6. 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; No. 19-I, 19-II, Art. 96; The Law of the Republic of Kazakhstan of November 7, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning further enhancement of system of public administration", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 8, 2014):

1) in Article 17:

12) to state the subitem in the following edition:

"12) carries out the state environmental assessment within the competence established by this Article and other laws of the Republic of Kazakhstan and also coordinates activities for implementation of environmental assessment in the Republic of Kazakhstan and performs its methodical management;";

add with subitem 28-9) of the following content:

"28-9) approves technique of determination of level of danger and the coding of waste;

38) to exclude the subitem;

The subitem 2) of Article 20 to state 2) in the following edition:

"2) based on the conclusions of the state ecological and sanitary and epidemiologic examinations, and also the complex non-departmental examination which is carried out according to the design estimates within the competence are prohibited or resolve construction, reconstruction (expansion, modernization, upgrade) or capital repairs of the companies, constructions and other objects;";

Item 2 of Article 27 to state 3) in the following edition:

"2. Standard rates of maximum permissible emissions and dumpings of pollutants, standard rates of placement of production wastes and consumption are used in case of issue of permissions to issues to the environment as a part of the projects containing calculated values of standard rates, the established values of technical specific standard rates of issues for stationary and portable sources of emissions, engineering procedures and the equipment. Effective period of the established standard rates of maximum permissible emissions and dumpings of pollutants, normative placement of production wastes and consumption for objects I, II and III of categories constitutes ten calendar years, for category objects IV - is termless.";

Item 1-1 of Article 40 to state 4) in the following edition:

"1-1. The types of activity which are not belonging to the classes of danger according to sanitary classification of production facilities are classified as category objects IV.";

Article 48 to add 5) with item 4 of the following content:

"4. On the projects (feasibility statements and the design estimates) intended for construction new or reconstruction (expansion, modernization, upgrade) and capital repairs of the existing buildings and constructions the state environmental assessment is performed by authorized body in the field of environmental protection and local executive bodies according to the procedure, determined by the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities.

Conducting complex non-departmental examination, including procedure for acceptance of the specified construction projects, their completeness, and also procedure for financing of the state environmental assessment, is provided according to the procedure, determined by the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities.";

Item 2 of Article 49 to add 6) with part two of the following content:

"The state environmental assessment performed during complex non-departmental examination on the projects (feasibility statements and the design estimates) intended for construction new or reconstruction (expansion, modernization, upgrade) and capital repairs of the existing objects is carried out according to the procedure, determined by the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities.";

Article 50 to state 7) in the following edition:

"Article 50. Terms of conducting the state environmental assessment

1. The term of conducting the state environmental assessment shall not exceed two months for category objects I, one month for category objects II, ten working days for objects III and IV of categories after the date of transmission to the bodies performing the state environmental assessment, all necessary documentation, except as specified, stipulated by the legislation the Republic of Kazakhstan about architectural, town-planning and construction activities in the field of conducting complex non-departmental examination for construction projects of objects and also Item 3 of this Article.

The term of conducting repeated state environmental assessment for objects I of category shall not exceed one month, for category objects II - ten working days, for objects III and IV of categories - five working days from the date of registration.

2. For category objects I in time no more than five working days and for objects II, III and IV of categories - no more than three working days from the date of registration the body issuing the conclusion of the state environmental assessment considers documents regarding their completeness. In case of representation of incomplete document package documents are subject to return to person which provided them.

3. Terms and duration of conducting the state environmental assessment performed during complex non-departmental examination on the projects (feasibility statements and the design estimates) intended for construction are established according to the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities.";

8) in Article 51:

add Item 1 with part three of the following content:

"The conclusion of the state environmental assessment which is carried out during complex non-departmental examination on the projects (feasibility statements and the design estimates) intended for construction joins in the summary conclusion of complex non-departmental examination.";

state Item 6 in the following edition:

"6. The positive conclusion of the state environmental assessment to the project documentation is effective for objects I, II and III of categories during effective period of the established standard rates of issues to the environment, for category objects IV - is termless.

Effective period of the positive conclusion of the state environmental assessment which is carried out during complex non-departmental examination on the projects (feasibility statements and the design estimates) intended for construction is established according to effective periods of the corresponding summary conclusion of complex non-departmental examination.";

Item 3 of Article 67 to add 9) with part two of the following content:

"Results of public environmental assessment can be also considered when conducting complex non-departmental examination of the projects (feasibility statements and the design estimates) intended for construction of buildings, constructions and complexes, engineering and transport communications.";

Item 1 of Article 69 to add 10) with part two of the following content:

"The users of nature who are according to the tax legislation of the Republic of Kazakhstan payers of the single land tax do not get permission to issues to the environment on the objects used in activities to which the special tax regime for country or farms extends.";

The subitem 5) of Item 1 and Item 1-1 of Article 70 to exclude 11);

Item 2-1 of Article 71 to state 12) in the following edition:

"2-1. The types of activity which are not classified according to sanitary classification of production facilities belong to the IV category.";

Articles 72, of 74, 75 and 76 to state 13) in the following edition:

"Article 72. The materials represented for receipt of permission to issues to the environment

1. For receipt of permission to issues to the environment the user of nature represents to the body issuing permission, necessary document package.

2. For the users of nature having objects I, II and III of categories, the document package for receipt of permission to issues includes in the environment:

1) request for receipt of permission;

2) the conclusion of the state environmental assessment on drafts of standard rates of issues;

3) the actions plan on environmental protection.

3. For the users of nature having again entered category objects IV, the document package for receipt of permission to issues includes in the environment:

1) request for receipt of permission;

2) the standard rates of issues to the environment established and proved in the settlement or tool way.

4. The commitment form on receipt of permission to issues to the environment affirms authorized body in the field of environmental protection.";

"Article 74. Submission due dates of requests, considerations and issues of permission to issues to the environment

1. Submission of requests is performed for objects:

1) the I categories not later than two months before the expiration of the operating permission or commissioning of new object;

2) the II categories not later than month before the expiration of the operating permission or commissioning of new object;

3) III categories not later than ten working days before the expiration of the operating permission or commissioning of new object;

4) the IV categories not later than ten working days before commissioning of new object.

2. In time no more than fifteen calendar days for objects I and II of categories, for category objects III in time no more than five calendar days from the date of registration of the request the body issuing permission considers the request regarding its completeness and compliance to requirements of this Code.

After fixed term the request is accepted for consideration or is rejected owing to insufficiency of the provided materials and (or) in connection with its discrepancy to requirements of this Code.

In case of request variation to the user of nature the refusal with motivated reasons for reasons for rejection goes.

3. The accepted requests are considered by the body issuing permission for objects:

1) the I categories in time no more than two months from the date of registration of the request;

2) the II categories in time no more than one month from the date of registration of the request;

3) III categories in time no more than ten working days from the date of registration of the request;

4) the IV categories in time no more than five working days from the date of registration of the request.

4. Following the results of consideration permission to issues to the environment is issued.

Article 75. The bases for issue of permission to issues to the environment

1. Permission to issues to the environment is issued to the user of nature on objects I, II and III of categories in case of observance of the following conditions:

1) necessary documents and materials according to Article 72 of this Code are submitted;

2) the actions plan on environmental protection conforms to the ecological requirements and regulations established by the ecological legislation of the Republic of Kazakhstan and provides achievement of standard rates of issues to the environment.

2. Permission to issues to the environment shall be issued to the user of nature on category object IV if he submitted the necessary request and standard rates of issues to the environment.

Article 76. Effective periods of permissions to issues to the environment

1. Permissions to issues to the environment are issued for a period of up to change of the applied technologies and conditions of environmental management specified in the operating permission, but no more than for ten years for objects I, II and III of categories.

2. Permission to issues to the environment for objects IV of category is issued on termless basis, except as specified changes of the applied technologies and conditions of environmental management specified in the operating permission.";

Item 1 of Article 94-12 to state 14) in the following edition:

"1. The reserve of assigned amount units which procedure for forming is established by the Government of the Republic of Kazakhstan is formed of part of total amount of emissions of greenhouse gases.";

Item 3 of Article 195 to add 15) with part two of the following content:

"The procedure for approval is determined by the standard rules of building approved according to the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities.";

Item 2 of Article 198 to state 16) in the following edition:

"2. Financing and projects implementation on which there are no positive conclusions are prohibited:

1) state environmental assessment;

2) sanitary and epidemiologic examination in case of designing of object of the high epidemic importance.";

Item 1 of Article 202 to state 17) in the following edition:

"1. The construction and reconstruction of the companies, constructions and other objects are performed in the presence of the positive conclusions of the state environmental assessment, sanitary and epidemiologic examination (in case of construction and reconstruction of objects of the high epidemic importance) and according to standard rates of quality of the environment. Change of the approved project or cost of works in environmental damage is not allowed.";

Item 4 of Article 224 to state 18) in the following edition:

"4. The construction, reconstruction, operation, preservation, liquidation of the companies and other constructions influencing condition of water objects are performed in the presence of the positive conclusions of authorized state bodies in the field of environmental protection, use and protection of water fund and state body of sanitary and epidemiologic service (on the objects carried to the high epidemic importance).";

Item 1 of Article 267 to state 19) in the following edition:

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