LAW OF THE REPUBLIC OF KAZAKHSTAN

of March 29, 2016 No. 479-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning reducing allowing documents and simplification of allowing procedures

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

1. 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; No. 19-I, Art. 99, 101; No. 19-II, Art. 103; No. 20-IV, Art. 113; No. 20-VII, Art. 115, 117; No. 21-I, Art. 124, 126; No. 22-II, Art. 145; No. 22-VI, Art. 159):

The subitem 5) of Article 13 to state 1) in the following edition:

"5) approval of offers of local representative and executive bodies of area on change of borders of the cities of regional value, and also establishment and change of residential suburbs around the cities of regional value;";

Part the sixth Item 2 of Article 43 to state 2) in the following edition:

"The structure of the commissions created at the level of areas, the cities of republican value, the capital also without fail joins representatives of the relevant territorial subdivisions of authorized bodies in the field of environmental protection, rural and forestry, use and protection of water fund. At the discretion of local executive body of area, the city of republican value, the capital, the area, the city of regional value the structure of the commission can include also other persons.";

3) in Article 44-1:

in Item 2 part three the word to "plans" to replace with the word to "projects";

parts the eleventh, twelfth and fourteenth Item 8 to state in the following edition:

"In case of purchase of the parcels of land for individual housing construction of the statement (petition) of citizens undertake on special accounting and are satisfied in process of preparation of platforms for branch or in the presence of the free territories used for individual housing construction. Rules of provision of the parcels of land under individual housing construction to citizens affirm the central authorized body. By provision of the parcels of land for individual housing construction on free basis availability or absence at the citizen of the parcels of land, the rights to which were granted by the state for individual housing construction, is considered.

In case of statement on special accounting availability or absence at the citizen of the parcels of land, the rights to which were granted by the state for individual housing construction, data on which are requested from the State corporation keeping the state land cadastre, is considered.";

"At the same time provision of the parcels of land for construction without availability of drafts of the detailed layout or master plans of settlements with settlement population over twenty thousand people and master plans combined with the draft of the detailed layout, with population to twenty thousand people is forbidden (or their replacing scheme of development and building of settlements numbering up to five thousand people).";

Part one of Item 1 of Article 71 to state 4) in the following edition:

"1. The physical persons and legal entities performing geological, geophysical, search, geodetic, soil, geobotanical, land management, archaeological, project and other prospecting works can carry out these works without seizure of land at private owners or land users.";

The subitem 4) of Item 2 of Article 84 to state 5) in the following edition:

"4) construction (reconstruction) automobile and the railroads, construction (reconstruction) of the airports, airfields, objects of air navigation and the aerotechnical centers, objects of rail transport, bridges, the subways, tunnels, objects of power systems and power lines, communication lines, the objects providing space activities, bulk distribution lines, engineering and communication networks, objects of oil processing production carried to strategic objects, implementation of concessionary projects, common use facilities of settlements;";

Part one of Item 1 of Article 109 to state 6) in the following edition:

"1. All lands of the cities, settlements, rural settlements are used according to their master plans, drafts of the detailed layout and building (in the presence of these projects) and projects of the land and economic device of the territory.";

Part the second Item 2 of Article 136-1 to state 7) in the following edition:

"The solution on transfer of lands of water fund to lands of other categories or about refusal in transfer of lands of water fund to lands of other categories is accepted based on the conclusion of the commission created by local executive bodies according to Item 2 of Article 43 of this Code.";

To exclude Item 8 of Article 145;

Part the sixth Item 2 of Article 146 to state 9) in the following edition:

"Other officials of the central authorized body who are directly exercising the state control of use and protection of lands are the state inspectors on use and protection of lands.".

2. In the Forest code of the Republic of Kazakhstan of July 8, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 16, Art. 140; 2004, No. 23, Art. 142; 2006, No. 3, Art. 22; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 3, Art. 20; 2008, No. 23, Art. 114; 2009, No. 18, Art. 84; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2, 3; No. 11, Art. 102; 2012, No. 2, Art. 14; No. 3, Art. 27; No. 14, Art. 92, 95; No. 15, Art. 97; 2013, No. 9, Art. 51; No. 14, Art. 75; 2014, No. 7, Art. 37; No. 10, Art. 52; No. 19-I, 19-II, Art. 96; 2015, No. 20-IV, Art. 113):

1) in Item 1 of Article 13:

state subitems 18-12) and 18-13) in the following edition:

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

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

exclude subitem 18-42);

2) in subitem 15-2) of Article 15 of the word", is also issued by permissions to use of these sites under construction of such objects" to exclude;

3) in Item 2-1 of Article 31:

1) after the word of "property" to add the subitem with the words "or in trust management";

in the subitem 3) to replace the word of "three" with the word of "two";

in the subitem 6) "three-year-old" to replace the word with the word of "five-year-old";

Item 1 of Article 102-2 to state 4) in the following edition:

"1. Construction of facilities on lands of the state forest fund where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes; needs of hunting economy; collateral forest use, it is performed according to the project (project and estimate) documentation developed according to the sketch (outline sketch) approved with authorized body.".

3. 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; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 11, Art. 57; No. 19-II, Art. 103; No. 20-IV, Art. 113):

Subitem 7-5) of Item 1 of Article 37 to state 1) in the following edition:

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

The subitem 7) of Article 39 to exclude 2);

The paragraph the fourth the subitem 7) of Item 2 of Article 40 to state 3) in the following edition:

"placements of the companies and other constructions, and also conditions of production of construction and other works on water objects, the water protection zones and strips;";

4) in Article 66:

2) of Item 8 to state the subitem in the following edition:

"2) means of accounting of water;";

2) of Item 9 to state the subitem in the following edition:

"2) means of accounting of intake of water;";

in Item 10:

the paragraph one to state in the following edition:

"10. For registration of permission to special water use the applicant submits the following documents to regional bodies of authorized body:";

in the subitem 1) "the Government of the Republic of Kazakhstan" shall be replaced with words words "authorized body";

6) to state the subitem in the following edition:

"6) calculations of specific regulations of water consumption and water disposal, except for the physical persons or legal entities performing withdrawal of water resources for water treatment and (or) deliveries to water consumers for drinking needs, activities for regulation of superficial drain by means of retaining hydraulic engineering constructions, use of water objects without withdrawal from them water resources which provide calculations for reasons for amounts of water consumption and water disposal;";

add with the subitem 9) of the following content:

"9) data on availability of means of accounting of intake of water.";

exclude Item 11;

4) of Item 12 to exclude the subitem.

4. 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; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 22-I, Art. 141; No. 22-II, Art. 144; No. 22-V, Art. 156; 2016, No. 1, Art. 2):

Headings of Chapter 22 and Articles 168 - 172 tables of contents to exclude 1);

The subitem 22) of Article 17 to exclude 2);

Chapter 22 to exclude 3).

5. 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; No. 19-I, Art. 99, 100, 101; No. 20-I, Art. 110; No. 20-IV, Art. 113; No. 20-VII, Art. 115, 119; No. 21-I, Art. 124; No. 21-II, Art. 130; No. 21-III, Art. 136, 137; No. 22-I, Art. 140, 143; No. 22-II, Art. 144, 145; No. 22-III, Art. 149; No. 22-V, Art. 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-I, Art. 169; 2016, No. 1, Art. 4):

1) in Article 273:

in Item 3 part one shall be replaced with words the word of "hundred eighty" to "hundred fifty five";

in item 4 part one shall be replaced with words the word of "sixty" to "fifty five";

2) in Article 471:

to exclude lines 1.8, 1.33-1, 1.34-1 and 1.78 tables;

add in the line 1.96 following of content:

1.96. Development, production, repair, trade, acquisition and exhibiting of military person-portable small arms and cartridges to it 22";

Item 2 of Article 499 to state 3) in the following edition:

"2. Special use of fauna is performed based on permission to use of fauna (further - permission). At the same time such permissions are issued by local executive body, except for permissions to use of fauna, for the purpose of research fishing on the fishery reservoirs located in the territory of two and more areas and also on the rare and being under the threat of disappearance animal species which are issued by authorized state body in the field of protection, reproduction and use of fauna.";

4) in Article 528:

state Item 1 in the following edition:

"1. The payment for placement of outdoor (visual) advertizing (further - payment) is levied for placement of outdoor (visual) advertizing on subjects of stationary advertizing in strip of withdrawal of highways public, on open space outside rooms in settlements in the territory of the Republic of Kazakhstan.";

2) of Item 1-1 to exclude the subitem;

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

"2) in case of the placement of objects of advertizing in settlements based on the permission issued by local executive bodies according to the procedure established by the legislation of the Republic of Kazakhstan.";

5) in part one of Item 3 of Article 530:

2 lines of 1 table of the subitem 1) to state the column in the following edition:

"Objects of outdoor (visual) advertizing";

2) to exclude the subitem;

6) in Item 1 of Article 534:

14) to state the subitem in the following edition:

"14) for issue of car driver licenses, certificates of the tractor operator-driver, certificates on state registration of motorized vehicles, the state registration registration plates;";

add with the subitem 18) of the following content:

"18) for issue of permission to acquisition of civil pyrotechnic substances and products with their application.";

7) in Article 540:

in the subitem 5):

add with paragraphs the ninth and tenth the following content:

"permissions to acquisition of civil, office weapon and cartridges to it - 300 percent;

permissions to acquisition of civil pyrotechnic substances and products with their application - 300 percent;";

the tenth and eleventh to exclude paragraphs;

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