LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 12, 2015 No. 391-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning self-regulation

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):

to state Item 5 of Article 110 in the following edition:

"5. The association (union) does not answer for obligations the members if other is not provided by the laws of the Republic of Kazakhstan and constituent documents. Members of association (union) bear subsidiary responsibility according to its obligations in the amount of and procedure, provided by constituent documents of association (union) if other is not established by the laws of the Republic of Kazakhstan.".

2. In the Law of the Republic of Kazakhstan of January 16, 2001 "About non-profit organizations" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 1, Art. 8; No. 24, Art. 338; 2003, No. 11, Art. 56; 2004, No. 5, Art. 30; No. 10, Art. 56; 2005, No. 13, Art. 53; 2006, No. 8, Art. 45; No. 15, Art. 95; 2007, No. 2, Art. 18; No. 9, Art. 67; No. 17, Art. 141; 2010, No. 5, Art. 23; No. 7, Art. 28; 2011, No. 2, Art. 21; No. 5, Art. 43; No. 17, Art. 136; No. 23, Art. 179; No. 24, Art. 196; 2012, No. 2, Art. 13; No. 8, Art. 64; No. 21-22, of Art. 124; 2013, No. 10-11, of Art. 56; No. 15, Art. 81; 2014, No. 11, Art. 63, 67; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 16, Art. 79):

1) in Article 18:

state item 4 in the following edition:

"4. The association (union) does not answer for obligations the members if other is not provided by the laws of the Republic of Kazakhstan and constituent documents. Members of association (union) bear subsidiary responsibility according to its obligations in the amount of and procedure, provided by constituent documents of association (union) if other is not established by the laws of the Republic of Kazakhstan.";

the second Item 5 to state part in the following edition:

"The member of association (union) can be excluded from it according to the decision of members of association (union) in the cases and procedure established in constituent documents of association (union) if other is not established by the laws of the Republic of Kazakhstan. The rules relating to exit from association (union) are applied to responsibility of the excluded member of association (union).";

add with Item 8 of the following content:

"8. The association (union) can perform activities as self-regulatory organization according to the Law of the Republic of Kazakhstan "About self-regulation".";

4) of Item 1 of Article 39 of the word "compliance with" shall be replaced with words 2) in the subitem "compliance with the laws and".

3. In the Law of the Republic of Kazakhstan of July 16, 2001 "About architectural, town-planning and construction activities in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 17-18, of Art. 243; 2004, No. 23, Art. 142; 2005, No. 6, Art. 10; No. 7-8, of Art. 19; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 15, Art. 95; No. 23, Art. 144; No. 24, Art. 148; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 16, Art. 129; 2008, No. 21, Art. 97; No. 24, Art. 129; 2009, No. 15-16, of Art. 76; No. 18, Art. 84; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2; No. 6, Art. 50; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 3, Art. 21, 27; No. 4, Art. 32; No. 8, Art. 64; No. 14, Art. 92, 95; No. 15, Art. 97; 2013, No. 9, Art. 51; No. 13, Art. 63; No. 14, Art. 72, 75; No. 21-22, of Art. 114; 2014, No. 1, Art. 4, 6; No. 2, Art. 10, 12; No. 7, Art. 37; No. 8, Art. 44; No. 10, Art. 52; No. 14, Art. 86; No. 19-I, 19-II, Art. 96; No. 23, Art. 143):

in subitem 47-1) of Article 1 to exclude the word "self-regulating".

4. In the Law of the Republic of Kazakhstan of July 2, 2003 "About the security market" (Sheets of Parliament of the Republic of Kazakhstan, 2003, No. 14, Art. 119; 2004, No. 16, Art. 91; No. 23, Art. 142; 2005, No. 7-8, of Art. 24; No. 14, Art. 58; No. 23, Art. 104; 2006, No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; 2007, No. 2, Art. 18; No. 4, Art. 28; No. 9, Art. 67; No. 17, Art. 141; 2008, No. 15-16, of Art. 64; No. 17-18, of Art. 72; No. 20, Art. 88; No. 21, Art. 97; No. 23, Art. 114; 2009, Art. No. 2-3, 16, 18; No. 17, Art. 81; No. 19, Art. 88; 2010, No. 5, Art. 23; No. 7, Art. 28; No. 17-18, of Art. 111; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 11, Art. 102; No. 15, Art. 125; No. 24, Art. 196; 2012, No. 2, Art. 14, 15; No. 10, Art. 77; No. 13, Art. 91; No. 20, Art. 121; No. 21-22, of Art. 124; 2013, No. 10-11, of Art. 56; 2014, No. 6, Art. 27; No. 10, Art. 52; No. 11, Art. 61; No. 19-I, 19-II, Art. 96; No. 22, Art. 131; No. 23, Art. 143; 2015, No. 8, Art. 45):

in all text of the word "self-regulating", "self-regulating", "self-regulating", "self-regulating", "self-regulating", "Self-regulating", "Self-regulating" to replace respectively with the words "professional", "professional", "professional", "professional", "professional", "Professional", "Professional".

5. In the Law of the Republic of Kazakhstan of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations" (Sheets of Parliament of the Republic of Kazakhstan, 2003, No. 15, Art. 132; 2004, No. 11-12, of Art. 66; No. 16, Art. 91; 2005, No. 14, Art. 55; No. 23, Art. 104; 2006, No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 13, Art. 85; No. 15, Art. 95; 2007, No. 4, Art. 28; 2008, No. 17-18, of Art. 72; 2009, No. 17, Art. 81; No. 19, Art. 88; 2010, No. 5, Art. 23; Art. No. 17-18, 111, 112; 2011, No. 11, Art. 102; No. 24, Art. 196; 2012, No. 13, Art. 91; 2013, No. 10-11, of Art. 56; 2014, No. 10, Art. 52; No. 11, Art. 61; 2015, No. 8, Art. 45; No. 15, Art. 78):

in the subitem 12) of Article 12 "self-regulating" to replace the word with the word of "professional".

6. In the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives" (Sheets of Parliament of the Republic of Kazakhstan, 2010 No. 7, Art. 27; No. 24, Art. 145; 2011, No. 1, Art. 3; No. 5, Art. 43; No. 24, Art. 196; 2012, No. 6, Art. 43; No. 8, Art. 64; No. 13, Art. 91; No. 21-22, of Art. 124; 2013, No. 2, Art. 10; No. 9, Art. 51; No. 10-11, of Art. 56; No. 15, Art. 76; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 6, Art. 27; No. 10, Art. 52; No. 14, Art. 84; No. 16, Art. 90; No. 19-I, 19-II, Art. 94, 96; No. 21, Art. 122; No. 22, Art. 131; No. 23, Art. 143; No. 24, Art. 144; 2015, No. 8, Art. 42):

in subitem 3-1) of Article 1 the word", self-regulated" to exclude.

7. In the Law of the Republic of Kazakhstan of July 4, 2013 "About National chamber of entrepreneurs of the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2013, No. 15, Art. 80; 2014, No. 12, Art. 82; No. 21, Art. 122; No. 23, Art. 143):

1) in Article 1:

5) to exclude the subitem;

6) after words of "associations (unions)" to add the subitem with words ", self-regulatory organizations in the field of business activity";

2) in Item 3 of Article 3:

subitem in paragraph three 1) of the word "and also republican associations (unions) of small, medium and (or) big business" shall be replaced with words "republican associations (unions) of small, medium and (or) big business, and also self-regulatory organizations in the field of business activity";

in the subitem 2):

the fourth to add the paragraph with words ", self-regulatory organizations in the field of business activity";

the fifth to add the paragraph with words ", self-regulatory organizations in the field of business activity";

Item 2 of Article 4 to state 3) in the following edition:

"2. The national chamber is formed by the principle of obligation of membership of the subjects of entrepreneurship in it registered (which underwent accounting registration) according to the legislation of the Republic of Kazakhstan, except for subjects of entrepreneurship for which the legislation of the Republic of Kazakhstan establishes obligatory membership in other non-profit organizations, and also the state companies if other is not established by this Item.

The principle of obligation of membership of subjects of entrepreneurship in National chamber extends to the subjects of entrepreneurship who are members (participants) of the self-regulatory organizations in the field of business activity based on obligatory membership.";

4) in Article 6:

state heading in the following edition:

"Article 6. Interaction of National chamber with associations (unions) and self-regulatory organizations in the field of business activity";

in Item 1 of the word "and also associations (unions) on small, medium and (or) big business" shall be replaced with words "associations (unions) on small, medium and (or) big business, and also self-regulatory organizations in the field of business activity";

in Item 3:

the paragraph one after the words "Associations (Unions)" to add with the words "and self-regulatory organizations";

add with part two of the following content:

"The self-regulatory organizations in the field of business activity based on obligatory membership obtain accreditation in National chamber without check for compliance to the established criteria for accreditation.";

to add item 4 after words of "association (unions)" with the words "and self-regulatory organizations";

to add Item 5 after the words "Associations (Unions)" with the words "and self-regulatory organizations";

to add Item 6 after words of "association (unions)" with the words "and self-regulatory organizations";

add with Item 7 of the following content:

"7. The national chamber interacts with the self-regulatory organizations specified in Item 1 of this Article concerning self-regulation, including:

1) assists in development of rules and standards of self-regulatory organizations in the field of business activity, and also represents the conclusion on rules and standards of the self-regulatory organizations in the field of business activity based on obligatory membership (participation);

2) sends for conducting examination to self-regulatory organizations in the field of business activity the projects of the regulatory legal acts of the Republic of Kazakhstan concerning activities of self-regulatory organizations and their members (participants), arriving in National chamber;

3) in case of introduction of the self-regulation based on obligatory membership (participation) of subjects of business activity is carried out by the alternative analysis of regulatory impact in case of disagreement with conclusions of the analysis of the regulatory impact which is carried out by regulatory state agencies;

4) provides services of reference tribunal and the arbitration for the dispute resolution arising between members (participants) of self-regulatory organization in the field of business activity, and also between them and consumers of the goods (works, services) made by members (participants) of self-regulatory organization, other persons according to the legislation of the Republic of Kazakhstan.";

Article 29 to add 5) with Item 7 of the following content:

"7. According to the decision of congress for the subjects of entrepreneurship which are members of the self-regulatory organization based on obligatory membership (participation) the sizes of their compulsory membership fees in National chamber which is carried out not later than in forty five calendar days from the date of creation of self-regulatory organization in the field of the business activity based on obligatory membership (participation) decrease.".

8. In the Law of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications" (Sheets of Parliament of the Republic of Kazakhstan, 2014, No. 9, Art. 51; No. 19-I, 19-II, Art. 96; No. 23, Art. 143; 2015, No. 2, Art. 3; No. 8, Art. 45; No. 9, Art. 46; No. 11, Art. 57; No. 16, Art. 79):

The subitem 23) of Article 1 to state 1) in the following edition:

"23) the analysis of regulatory impact of allowing or notifying procedure (further - the analysis of regulatory impact) - the analytical procedure of comparison of benefits and costs from the entered allowing or notifying procedure allowing to estimate goal achievement of state regulation and also self-regulation of subjects of professional or business activity in subsequent;";

Article 10 to add 2) with subitem 1-1) of the following content:

"1-1) creations of conditions for self-regulation development;";

Item 1 of Article 19 to state 3) in the following edition:

"1. On analysis results of regulatory impact depending on efficiency of application of allowing or notifying procedure separate types of permissions or notifications can be transferred from one type to another or are cancelled or transferred to the self-regulation based on obligatory membership (participation).

The allowing or notifying procedure is subject to cancellation in case of not goal achievement of the state regulation or self-regulation based on obligatory membership (participation), activities or actions (transactions) which implementation according to this Law requires availability of permission or the direction of the notification.";

Appendix 3 to add 4) with Item 36 of the following content:

"36. Notification on the beginning or termination of activities of self-regulatory organization".

Article 2. This Law becomes effective after six months after day of its first official publication.

 

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