LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 2, 2015 No. 429-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning activities of non-governmental organizations

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-I, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79; The Law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of trading activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015; The law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan in connection with the accession to the World Trade Organization", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015; The Law of the Republic of Kazakhstan of October 28, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning architectural, town-planning and construction activities", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 30, 2015; The Law of the Republic of Kazakhstan of October 28, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning culture and historical and cultural heritage", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 30, 2015; The law of the Republic of Kazakhstan of October 29, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning entrepreneurship", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 3, 2015; The Law of the Republic of Kazakhstan of October 31, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of system of administration of law", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 3, 2015):

Table of contents to add 1) with heading of Article 489-1 of the following content:

"Article 489-1. Violation of the law of the Republic of Kazakhstan about non-profit organizations";

To add 2) with Article 489-1 of the following content:

"Article 489-1. Violation of the law of the Republic of Kazakhstan about non-profit organizations

1. Non-presentation, untimely representation, and is equal submission of doubtful or obviously false data by non-profit organizations, branches and representative offices (separate divisions) of foreign and international non-profit organizations performing activities in the territory of the Republic of Kazakhstan to authorized body in the field of interaction with non-governmental organizations of data on the activities, including about the founders (participants), structure of property, sources of forming and the directions of expenditure of money,

attract the prevention.

2. The actions (failure to act) provided by part one of this Article, made repeatedly within year after imposing of administrative punishment

attract penalty in the amount of twenty five monthly settlement indicators or suspension of operations for a period of three months.";

3) article 684 part one after the words "489 (parts two, third, the fourth, the fifth, the sixth, seventh and eighth)" to add with figures "489-1,";

4) in Article 804 part one:

the subitem 50) after the words "464 (part two)" to add with figures "489-1,";

add with subitem 50-1) of the following content:

"50-1) authorized bodies in the field of interaction with non-governmental organizations (Article 489-1);".

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; The law of the Republic of Kazakhstan of October 29, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning agricultural cooperatives", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 31, 2015):

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

"7. The fund shall place annually reports on use of the property on Internet resources and (or) publish them in the periodic printing editions distributed in all territory of the Republic of Kazakhstan.";

Article 41 to add 2) with Item 5 of the following content:

"5. The non-profit organizations created in the form of organization, public association, joint-stock company, fund, consolidation of legal entities in the form of association (union) and also in other forms of business, not the stipulated in Article 17 these Laws, branches and representative offices (separate divisions) of the foreign and international non-profit organizations performing activities in the territory of the Republic of Kazakhstan annually till March 31 represent to authorized body in the field of interaction with non-governmental organizations of the data on the activities, including about the founders (participants), the structure of property, sources of forming and the directions of expenditure of money according to the procedure approved by authorized body in the field of interaction with non-governmental organizations.".

3. In the Law of the Republic of Kazakhstan of April 12, 2005 "About the state social order" (Sheets of Parliament of the Republic of Kazakhstan, 2005, No. 6, Art. 8; 2011, No. 21, Art. 171; 2012, No. 5, Art. 35; 2013, No. 5-6, of Art. 30; 2014, No. 3, Art. 21):

to state heading and preamble in the following edition:

"About the state social order, grants and awards for non-governmental organizations in the Republic of Kazakhstan

This Law governs the public relations arising in implementation process of the state social order, provision of grants and award of awards for non-governmental organizations in the Republic of Kazakhstan.";

2) in Article 1:

2) to state the subitem in the following edition:

"2) the state social order - form of implementation of social programs, the social projects directed to the solution of the tasks in the social sphere which are carried out by non-governmental organizations at the expense of budgetary funds;";

exclude subitems 3-2) and 4-1);

add with subitems 6-1), 7-1), 7-2), 7-3), 7-4), 7-5) and 8-1) of the following content:

"6-1) Coordination council on interaction with non-governmental organizations under authorized body (further - Coordination council) - the advisory advisory body created by authorized body for development of suggestions for improvement of interaction with non-governmental organizations;";

"7-1) grant for non-governmental organizations (further - grant) - the means provided to non-governmental organizations by the operator in the field of grant financing of non-governmental organizations, for the purpose of support of citizens' initiatives, attraction of capacity of institutes of civil society to the solution of topical issues of development of the social sphere;

7-2) monitoring of realization of grants for non-governmental organizations - collection, processing and information analysis about realization of grants for non-governmental organizations;

7-3) award for non-governmental organizations (further - award) - the monetary reward awarded at the expense of budgetary funds to non-governmental organizations for the made contribution to the solution of social tasks of republican, industry and regional levels;

7-4) operator in the field of grant financing of non-governmental organizations (further - the operator) - the non-profit organization in the form of joint-stock company determined by the Government of the Republic of Kazakhstan and having the right to provision of grants according to this Law;

7-5) The database of non-governmental organizations - the information database created for the purpose of ensuring transparency of activities of non-governmental organizations and informing the public on them and also for use within placement of the state social order, provision of grants and award of awards;";

"8-1) authorized body in the field of interaction with non-governmental organizations (further - authorized body) - the state body performing management and cross-industry coordination of activities for forming and implementation of the state social order, to award of awards, provision of grants and monitoring of their realization;";

Heading and Item 1 of Article 2 to state 3) in the following edition:

"Article 2. The legislation of the Republic of Kazakhstan on the state social order, grants and awards for non-governmental organizations in the Republic of Kazakhstan

1. The legislation of the Republic of Kazakhstan on the state social order, grants and awards for non-governmental organizations in the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan, consists of this Law, and also the Law of the Republic of Kazakhstan "About public procurements" and other regulatory legal acts of the Republic of Kazakhstan.";

4) in Article 3:

the heading and paragraph one to state in the following edition:

"Article 3. The principles of legal regulation of process of the state social order, provision of grants and award of awards for non-governmental organizations in the Republic of Kazakhstan

Legal regulation of process of the state social order, provision of grants and award of awards for non-governmental organizations in the Republic of Kazakhstan is based on the principles:";

4) and 5) to state subitems in the following edition:

"4) providing equal opportunities for non-governmental organizations;

5) publicity and openness of process of the state social order, provision of grants and award of awards for non-governmental organizations.";

Subitems 2) and 4) of Article 4 to exclude 5);

6) in Article 4-1:

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

"2-1) approves rules of provision of grants for non-governmental organizations and implementation of monitoring of their realization;

2-2) performs award of awards for non-governmental organizations and approves rules of their award;

2-3) creates Coordination council, approves its provision and structure;";

3) to state the subitem in the following edition:

"3) is performed by monitoring of implementation of the state social order and approves rules of its carrying out;";

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

"4-1) performs verification of the data represented according to Item 5 of article 41 of the Law of the Republic of Kazakhstan "About non-profit organizations" for inclusion in the Database of non-governmental organizations;";

6) to state the subitem in the following edition:

"6) is performed by maintaining the Database of non-governmental organizations;";

add with subitems 6-1) and 7-1) of the following content:

"6-1) determines procedure for forming of the Database of non-governmental organizations;";

"7-1) considers the report of operator on results of its activities and approves its form;";

Article 4-2 to add 7) with part two of the following content:

"Local executive bodies collect, generalize and represent to authorized body of the data on the non-governmental organizations performing activities on the corresponding administrative and territorial unit of the Republic of Kazakhstan.";

8) to add with Article 4-3 of the following content:

"Article 4-3. Verification of data

1. Verification of the data represented to the Database of non-governmental organizations is performed by authorized body.

2. The bases for conducting verification of data are results of monitoring of implementation of the state social order and monitoring of realization of grants for non-governmental organizations, claims of physical persons and legal entities, information of state bodies, publications in mass media.

Representatives of other state bodies if necessary can be involved in conducting check.";

9) in Article 5:

the heading and paragraph one to state in the following edition:

"Article 5. Spheres of implementation of the state social order, provision of grants and award of awards

1. Implementation of the state social order, provision of grants and award of awards are performed in the following directions:";

subitems 13-3) and 14) to exclude;

add with Item 2 following of content:

"2. The realization of the state social order is enabled also in the directions:

1) assistance to person (family) who is in difficult life situation;

2) in other socially important directions which are not contradicting the legislation of the Republic of Kazakhstan.";

To add 10) with Articles 5-1, 6-1, 6-2 and 6-3 of the following content:

"Article 5-1. Database of non-governmental organizations

Forming of the Database of non-governmental organizations is performed on the basis of the data represented according to Item 5 of article 41 of the Law of the Republic of Kazakhstan "About non-profit organizations" and also the data represented by local executive bodies.";

"Article 6-1. Grants

1. Grants are state, provided at the expense of budgetary funds, and non-state, provided from non-budgetary sources by physical persons and legal entities, the international, foreign organizations on voluntary basis.

2. Grants are provided on implementation of social programs, the social projects developed by non-governmental organizations, the operator according to the contract for provision of grant.

3. Grants are provided on the basis of competitive selection to the non-governmental organizations included in the Database of non-governmental organizations, except for the non-governmental organizations which are in process of liquidation, recognized as insolvent (bankrupts) whose property arrest is imposed and (or) economic activity of which is suspended.

4. The non-governmental organizations which received grant can use part of the received means, but no more than ten percent, on material logistics.

5. Operation of this article does not extend to the relations arising in the course of provision of grants which are regulated by the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) and other laws of the Republic of Kazakhstan.

Article 6-2. Operator

1. The operator has the right:

1) to provide the state and non-state grants to non-governmental organizations for the purpose of support of citizens' initiatives, attraction of capacity of institutes of civil society to the solution of the topical issues of development of the social sphere, except as specified, provided by the tax legislation of the Republic of Kazakhstan;

2) to involve experts to monitoring of realization of grants for the purpose of development of public control.

2. The operator shall:

1) to perform monitoring of realization of grants according to rules of provision of grants for non-governmental organizations and implementation of monitoring of their realization;

2) to make suggestions for improvement of procedures for granting of grants in authorized body;

3) to place information on realization of grants on the Internet resource;

4) to submit the annual report on results of the activities in authorized body, and also to place it on the Internet resource.

Article 6-3. Awards

1. Awards are awarded by authorized body after receipt of recommendations of Coordination council.

2. Applications about promotion of non-governmental organizations for competition of award are submitted by non-governmental organizations and state bodies to authorized body annually till September 1.

3. Repeated promotion on competition of award of the same non-governmental organizations within three years in a row is not allowed. The same non-governmental organization cannot be pushed on award competition more than on one nomination.

4. The minimum bonus level constitutes the two-thousandfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget.

5. The award on one nomination can be awarded to one or at the same time to several job seekers. In this case the award shares equally between them.";

Articles 7, 8 and 9 to state 11) in the following edition:

"Article 7. Financing and use of budgetary funds of the state social order, state grants and awards

Financing of the state social order, state grants and awards is performed at the expense of budgetary funds.

The budgetary funds provided for implementation of the state social order of provision of state grants and award of awards are used for the purpose of and procedure, established by this Law, other regulatory legal acts of the Republic of Kazakhstan, the contract for implementation of the state social order, the contract for provision of the state grant.

Article 8. Control of execution of the state social order, use of grants and award of awards

Control of execution of the state social order, use of grants and award of awards is performed by authorized body, and also other state bodies within their competence established by the legislation of the Republic of Kazakhstan.

Article 9. Responsibility for violation of the legislation of the Republic of Kazakhstan on the state social order, grants and awards for non-governmental organizations in the Republic of Kazakhstan

Violation of the law of the Republic of Kazakhstan about the state social order, grants and awards for non-governmental organizations in the Republic of Kazakhstan attracts the responsibility established by the laws of the Republic of Kazakhstan.".

Article 2. This Law becomes effective after ten calendar days after day of its first official publication.

 

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