LAW OF THE REPUBLIC OF KAZAKHSTAN

of October 31, 2015 No. 378-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of system of administration of law

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; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 16, Art. 79):

in Item 3 of Article 22 of the word "guardianship and custody body" to replace with the word "court".

2. In the Land code of the Republic of Kazakhstan of June 20, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 13, Art. 99; 2005, No. 9, Art. 26; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 11, Art. 55; No. 12, Art. 79, 83; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 14, Art. 105; No. 15, Art. 106, 109; No. 16, Art. 129; No. 17, Art. 139; No. 18, Art. 143; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 15-16, of Art. 64; No. 21, Art. 95; No. 23, Art. 114; 2009, No. 2-3, of Art. 18; No. 13-14, of Art. 62; No. 15-16, of Art. 76; No. 17, Art. 79; No. 18, Art. 84, 86; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 6, Art. 49, 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 114; No. 15, Art. 120; 2012, No. 1, Art. 5; No. 2, Art. 9, 11; No. 3, Art. 27; No. 4, Art. 32; No. 5, Art. 35; No. 8, Art. 64; No. 11, Art. 80; No. 14, Art. 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 77, 79, 81; 2014, No. 2, Art. 10; No. 8, Art. 44; No. 11, Art. 63, 64; No. 12, Art. 82; No. 14, Art. 84; No. 19-I, 19-II, Art. 96; No. 21, Art. 118, 122; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 8, Art. 42; No. 11, Art. 57):

to state Item 3 of Article 148 in the following edition:

"3. Decisions, actions (failure to act) of the officials exercising the state control of use and protection of lands and information which formed the basis for making of actions (decision making) can be appealed to the higher official and in court.

The statement on decisions, actions (failure to act) of the officials exercising the state control of use and protection of lands, and information which formed the basis for making of actions (decision making) is filed a lawsuit after their appeal to the higher official.".

3. 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; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 8, Art. 42; No. 11, Art. 57):

The word "or" to replace 1) in Item 5 of Article 116 with the word "and";

Article 126 to state 2) in the following edition:

"Article 126. Procedure for appeal of decisions, actions (failure to act) of the officials exercising the state environmental control

Decisions, actions (failure to act) of the officials exercising the state environmental control can be appealed in higher state body and (or) to the official, and in court according to the procedure, provided by legal acts of the Republic of Kazakhstan.

The statement on decisions, actions (failure to act) of the officials exercising the state environmental control is filed a lawsuit after their appeal in higher state body or to the official.";

Item 4 of Article 167 to state 3) in the following edition:

"4. Refusal in provision, failure to provide, provision of incomplete or unreliable ecological information, and also illegal reference of public ecological information to information with limited access can be appealed in higher state body and (or) to the official, and in court.

The statement on refusal in provision, failure to provide, provision of incomplete or unreliable ecological information, and also to information with limited access is filed a lawsuit against illegal reference of public ecological information after their appeal in higher state body or to the official.".

4. In the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) (Sheets of Parliament of the Republic of Kazakhstan, 2008, No. 22-I, 22-II, Art. 112; 2009, Art. No. 2-3, 16, 18; No. 13-14, of Art. 63; No. 15-16, of Art. 74; No. 17, Art. 82; No. 18, Art. 84; No. 23, Art. 100; No. 24, Art. 134; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 7, Art. 28, 29; No. 11, Art. 58; No. 15, Art. 71; No. 17-18, of Art. 112; No. 22, Art. 130, 132; No. 24, Art. 145, 146, 149; 2011, No. 1, Art. 2, 3; No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 116; No. 14, Art. 117; No. 15, Art. 120; No. 16, Art. 128; No. 20, Art. 151; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 11, 15; No. 3, Art. 21, 22, 25, 27; No. 4, Art. 32; No. 5, Art. 35; No. 6, Art. 43, 44; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 13, Art. 91; No. 14, Art. 92; No. 15, Art. 97; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 1, Art. 3; No. 2, Art. 7,10; No. 3, Art. 15; No. 4, Art. 21; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 12, Art. 57; No. 14, Art. 72; No. 15, Art. 76, 81, 82; No. 16, Art. 83; Art. No. 21-22, 114, 115; No. 23-24, of Art. 116; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 7, Art. 37, No. 8, Art. 44, 49; No. 10, Art. 52; No. 11, Art. 63, 64, 65, 69; No. 12, Art. 82; No. 14, Art. 84; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 128, 131; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 7, Art. 34; No. 8, Art. 44, 45; No. 11, Art. 52; No. 14, Art. 72; No. 15, Art. 78):

The subitem 17) of Item 1 of Article 156 to add 1) with the paragraph the eighth the following content:

"in the form of the monthly perpetual maintenance paid to the judges who are staying in resignation, reached retirement age.";

2) in Item 1 of Article 535:

14) to state the subitem in the following edition:

"14) from applications for revision of court resolutions in cassation procedure on determinations, decisions and resolutions of courts - 50 percent from the amount of the state tax collected in case of submission of the action for declaration of non-property nature, and on disputes of property nature - from the amount of the state tax collected in case of the submission of the action for declaration of property nature and estimated proceeding from the amount disputed by the applicant;";

add with subitems 15) and 16) of the following content:

"15) from actions for declaration of physical persons about collection of compensation of the moral harm in terms of money done by distribution of the data discrediting honor, advantage and goodwill - 1 percent from sum in dispute;

16) from actions for declaration of the legal entities about claiming damages caused by distribution of the data discrediting goodwill - 3 percent from sum in dispute.";

Article 536 to add 3) with subitem 22-1) of the following content:

"22-1) for making of executive text - 50 percent;";

Article 541 to add 4) with subitem 8-1) of the following content:

"8-1) applicants - according to statements for violations of the voting rights of citizens and public associations, the rights of citizens and public associations to participate in republican referendum;";

1) of Item 2 of Article 547 of the word "Article 105-1" shall be replaced with words 5) in the subitem "Article 106 part three";

6) in Article 548:

in Item 1:

in subitem 1-1) of the word "or reference tribunal" to exclude;

state subitem 1-2) in the following edition:

"1-2) ends of case by the voluntary settlement of the parties, the agreement on dispute settlement (conflict) according to the procedure of mediation or the agreement on dispute settlement according to the procedure of the participative procedure in Trial and Appeal Courts - in full, in court of cassation instance - in the amount of 50 percent from the amount paid in case of submission of the application for revision of court resolution in cassation procedure;";

exclude subitem 1-3);

add with subitem 4-1) of the following content:

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