LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 8, 2016 No. 489-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning arbitration

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; No. 20-I, Art. 110; No. 20-IV, Art. 113; No. 20-VII, Art. 115):

Item 1 of Article 9 to state 1) in the following edition:

"1. Protection of the civil laws is performed by court, arbitration in the way: recognitions of the rights; recoveries of the provision existing before violation of the right; suppression of the actions violating the right or creating threat of its violation; award to discharge of duty in nature; damages recoveries, penalties; recognitions of the transaction invalid; compensations of moral harm; terminations or changes of legal relationship; recognitions invalid or not subject to application of the act of state body or local representative or executive body which is not corresponding to the legislation; recovery of penalty from state body or the official for hindrance to the citizen or the legal entity in acquisition of right or implementation of the right, and also the different ways provided by legal acts.";

Item 5 of Article 156 to state 2) in the following edition:

"5. The disputes connected with the conclusion of stock exchange transactions are considered in arbitration under the relevant exchange which decision can be cancelled by court in the cases provided by the law of the Republic of Kazakhstan.".

2. 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, No. 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; 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; 22-VI, Art. 159; 22-VII, Art. 161; No. 23-I, Art. 169; 2016, No. 1, Art. 4):

Subitem part one 3) of Item 1 of Article 192 to state 1) in the following edition:

"3) the income from rendering managerial, financial, consulting, auditor, legal (except for services in representation and protection of the rights and legitimate interests in courts, arbitration, and also notarial services) services outside the Republic of Kazakhstan.";

The subitem 1) of Item 1 of Article 534 to state 2) in the following edition:

"1) from the filed a lawsuit actions for declaration, statements of special claim proceeding, statements (claims) for special proceeding, statements for pronouncement of the writ, statements for issue of the duplicate of writ of execution, statements for issue of writs of execution to forced execution of awards of arbitration and foreign vessels, statements for repeated issue of copies of court resolutions, writs of execution and other documents;";

3) in Item 1 of Article 535:

the paragraph one to state in the following edition:

"1. From the filed a lawsuit actions for declaration, statements of special claim proceeding, statements (claims) for special proceeding, statements for pronouncement of the writ, statements for issue of the duplicate of writ of execution, statements for issue of writs of execution to forced execution of awards of arbitration and foreign vessels, statements for repeated issue of copies of court resolutions, writs of execution and other documents the state fee is collected in the following sizes:";

9) to state the subitem in the following edition:

"9) from petitions for cancellation of awards of arbitration - 50 percent from the amount of the state tax collected in case of submission of the action for declaration of non-property nature in court of the Republic of Kazakhstan, and on disputes of property nature - from the amount of the state tax collected in case of submission of the action for declaration of property nature in court of the Republic of Kazakhstan and estimated proceeding from the amount disputed by the applicant;";

11) to state the subitem in the following edition:

"11) from statements for issue of the duplicate of writ of execution, statements for issue of writs of execution on forced execution of awards of arbitration and foreign vessels - 500 percent;".

3. In the Criminal Code of Kazakhstan of July 3, 2014 (The sheet of parliament of the Republic of Kazakhstan, 2014, No. 13-I, 13-II, Art. 83; No. 21, Art. 122; 2015, No. 16, Art. 79; No. 21-III, Art. 137; No. 22-III, Art. 149; No. 22-V, Art. 156; No. 22-VI, Art. 159):

2) of Article 3 of the word "218-the money and (or) other property received in the criminal way for the amount exceeding two thousand monthly settlement indicators;" to exclude 1) in the subitem;

Paragraph one of part one of Article 218 to state 2) in the following edition:

"1. Involvement in legal money turnover and (or) other property, received in the criminal way, by means of transactions in the form of conversion or transfer of the property representing the income from criminal offenses, or ownership and use of such property, concealment or concealment of its authentic nature, source, the location, method of the order, movement, the rights to property or its accessories if it is known that such property represents the income from criminal offenses, and is equal mediation in legalization of the money and (or) other property received in the criminal way -".

4. In the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 15-I, 15-II, Art. 88; No. 19-І, 19-ІІ, Art. 96; No. 21, Art. 122; No. 20-VII, Art. 115):

2) to state Item to part two of Article 78 in the following edition:

"2) the arbitrator - about the circumstances which became known to him in connection with fulfillment of duties of the arbitrator;".

5. In the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (The sheet of Parliament of the Republic of Kazakhstan, 2015, No. 20-II, No. 20-III, Art. 112; 2016, No. 1, Art. 4):

Item 3 of Article 296 to state 1) in the following edition:

"3. In case of impossibility of permission of investment disputes according to provisions of Item 2 of this Article the dispute resolution is made according to international treaties and legal acts of the Republic of Kazakhstan in courts of the Republic of Kazakhstan, and also in the arbitration determined by the agreement of the parties.";

Items 2, 3 and 4 Articles 304 to state 2) in the following edition:

"2. For the dispute resolution arbitration can be created in the form of permanent arbitration or arbitration for permission of specific dispute.

3. The organization and procedure for activities of permanent arbitration are established by their regulations and the laws of the Republic of Kazakhstan, international treaties of the Republic of Kazakhstan.

4. If other requirements to the organization and procedure for activities of the arbitration created for permission of specific dispute are not established by the law and international treaties of the Republic of Kazakhstan, then they are determined by the agreement of the parties.".

6. In the Code of civil procedure of the Republic of Kazakhstan of October 31, 2015 (The sheet of Parliament of the Republic of Kazakhstan, 2015, No. 20-V, No. 20-VI, the Art. 114):

In paragraph one of Article 402 of the word "and to administrative" to exclude 1);

Part third of Article 505 to state 2) in the following edition:

"3. The decisions of reference tribunals passed before enforcement of the legal act for arbitration can be cancelled according to the procedure, provided by Chapter 56 of this Code, and on them writs of execution according to the procedure, provided by Chapter 20 of this Code can be written out.".

7. In the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1995, No. 15-16, of Art. 106; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 184; No. 15, Art. 281; No. 19, Art. 370; 1997, No. 5, Art. 58; No. 13-14, of Art. 205; No. 22, Art. 333; 1998, No. 11-12, of Art. 176; No. 17-18, of Art. 224; 1999, No. 20, Art. 727; 2000, No. 3-4, of Art. 66; No. 22, Art. 408; 2001, No. 8, Art. 52; No. 9, Art. 86; 2002, No. 17, Art. 155; 2003, No. 5, Art. 31; No. 10, Art. 51; No. 11, Art. 56, 67; No. 15, Art. 138, 139; 2004, No. 11-12, of Art. 66; No. 15, Art. 86; No. 16, Art. 91; No. 23, Art. 140; 2005, No. 7-8, of Art. 24; No. 14, Art. 55, 58; No. 23, Art. 104; 2006, No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 11, Art. 55; No. 16, Art. 99; 2007, No. 2, Art. 18; No. 4, Art. 28, 33; 2008, No. 17-18, of Art. 72; No. 20, Art. 88; No. 23, Art. 114; 2009, Art. No. 2-3, 16, 18, 21; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 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. 6, Art. 50; No. 12, Art. 111; No. 13, Art. 116; No. 14, Art. 117; No. 24, Art. 196; 2012, No. 2, Art. 15; No. 8, Art. 64; No. 10, Art. 77; No. 13, Art. 91; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, 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. 11, Art. 61; No. 12, Art. 82; No. 19-I, 19-II, Art. 94, 96; No. 21, Art. 122; No. 22, Art. 131; No. 23, Art. 143; 2015, No. 8, Art. 45; No. 13, Art. 68; No. 15, Art. 78; No. 16, Art. 79; No. 20-VII, Art. 115):

to state Item 13 of Article 59-3 in the following edition:

"13. In case of the termination of restructuring of bank in connection with implementation of package of measures, provided by the restructuring plan, the obligations of bank included in the restructuring plan are considered performed, enforcement proceeding on decisions of the courts, arbitration according to such obligations stops.".

8. In the Law of the Republic of Kazakhstan of December 5, 1997 "About lawyer activities" (Sheets of Parliament of the Republic of Kazakhstan, 1997, No. 22, Art. 328; 2001, No. 15-16, of Art. 236; 2003, No. 11, Art. 65; 2004, No. 23, Art. 142; 2007, No. 2, Art. 18; No. 9, Art. 67; No. 10, Art. 69; 2009, No. 8, Art. 44; No. 19, Art. 88; No. 24, Art. 130; 2010, No. 5, Art. 23; 2011, No. 23, Art. 179; 2012, No. 4, Art. 32; No. 6, Art. 44; No. 10, Art. 77; 2013, No. 14, Art. 72, 74; No. 15, Art. 76; 2014, No. 10, Art. 52; No. 11, Art. 61; No. 16, Art. 90; No. 19-II, Art. 96; 2015, No. 16, Art. 79; No. 20-V ІІ, Art. 115, No. 23-ІІ; Art. 170):

The subitem 5) of Item 1 of Article 4 to state 1) in the following edition:

"5) participate in quality of the representative of the principal to carrying out mediation, in trial of cases in arbitration and other bodies of the dispute resolution;";

Part one of Item 5 of Article 15 to state 2) in the following edition:

"5. The lawyer is forbidden to be in public service and to be engaged in business activity, to hold other paid position, except cases of entry into structure of the supervisory board of the commercial organization, election or appointment as the arbitrator of the relevant arbitration for the dispute resolution, and also occupation teaching, scientific or creative activities.".

9. 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; No. 20-І, Art. 110; No. 21-І, Art. 128; Art. 22-І, Art. 140; No. 23-І, Art. 166, No. 23-ІІ, Art. 170):

Item 2 of article 17 after words "private legal executives," to add with the words "Arbitral Chamber of Kazakhstan".

10. In the Law of the Republic of Kazakhstan of January 19, 2001 "About grain" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 2, Art. 12; No. 15-16, of Art. 232; 2003, No. 19-20, of Art. 148; 2004, No. 23, Art. 142; 2006, No. 1, Art. 5; No. 24, Art. 148; 2007, No. 2, Art. 18; No. 3, Art. 20; No. 9, Art. 67; No. 18, Art. 145; 2008, No. 13-14, of Art. 58; No. 20, Art. 89; 2009, No. 18, Art. 84; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 15, Art. 71; 2011, No. 1, Art. 2; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 2, Art. 14; No. 14, Art. 94; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 9, Art. 51; No. 14, Art. 75; 2014, No. 1 of Art. 4; No. 4-5, of Art. 24; No. 10, Art. 52; No. 19-II, Art. 96; No. 21, Art. 22; No. 23, Art. 143; 2015, No. 11, Art. 52; No. 20-І V, Art. 113; No. 23-ІІ, Art. 172):

to state part one of Item 5 of Article 37 in the following edition:

"5. Person who acquired the granary (elevator, cereal-receiving Item) or received it according to the procedure of execution of the judgment, the arbitral decision bears responsibility according to the obligations following from the grain receipts issued by the former cereal-receiving company in the amount of, established by the inventory report of remaining balance of grain which is drawn up by the commission on grain reception-transmission.".

11. In the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" (Sheets of Parliament of the Republic of Kazakhstan, 2002, No. 2, Art. 16; 2004, No. 20, Art. 116; No. 23, Art. 142; 2005, No. 11, Art. 36; 2006, No. 3, Art. 22; No. 24, Art. 148; 2007, No. 9, Art. 67; No. 18, Art. 143; 2009, No. 24, Art. 134; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2, 3; No. 5, Art. 43; No. 6, Art. 50; No. 12, Art. 111; 2012, No. 8, Art. 64; No. 14, Art. 95, 96; No. 15, Art. 97; 2013, No. 2, Art. 10; No. 14, Art. 72, 75; No. 16, Art. 83; 2014, No. 1, Art. 4; No. 7, Art. 37; No. 10, Art. 52; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; 2015, No. 2, Art. 3; No. 8, Art. 45; No. 19-I, Art. 100):

to state Item 2 of Article 184 in the following edition:

"2. If in the presence of circumstances, stipulated in Item 1 this Article, the rescuer prevented or reduced environmental damage as a result of the rescue operation performed by it, the special compensation paid by the owner according to Item 1 of this Article to the rescuer can be increased as much as possible to thirty percent of the expenses incurred by it. The court or arbitration has the right taking into account criteria, stipulated in Item 1 article 183 of this Law, to increase the amount of special compensation to full amount of the expenses incurred by the rescuer during the rescue operation.".

12. In the Law of the Republic of Kazakhstan of July 7, 2006 "About concessions" (Sheets of Parliament of the Republic of Kazakhstan, 2006, No. 14, Art. 88; 2008, No. 15-16, of Art. 64; No. 21, Art. 97; 2009, No. 24, Art. 133; 2010, No. 7, Art. 29; 2011, No. 1, Art. 2; No. 20, Art. 151; 2012, No. 2, Art. 11, 15; 2013, No. 15, Art. 76, 82; No. 20, Art. 113; 2014, No. 11, Art. 64; No. 12, Art. 82; No. 19-I, 19-II, Art. 96, No. 20-VII, Art. 117):

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

"2. If the disputes connected with execution and termination of the contract cannot be resolved according to Item 1 of this Article, then the parties have the right to resolve dispute according to requirements of the legislation of the Republic of Kazakhstan judicially, and also by the appeal to arbitration according to the Law of the Republic of Kazakhstan "About arbitration". Concerning concessionary projects of the special importance in case at least one of shareholders (participants) of the concessionary is nonresident of the Republic of Kazakhstan, the arbitration is determined by agreement of the parties.".

13. In the Law of the Republic of Kazakhstan of July 21, 2007 "About development of cotton industry" (Sheets of Parliament of the Republic of Kazakhstan, 2007, No. 16, Art. 130; 2009, No. 18, Art. 84; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 15, Art. 71; 2011, No. 1, Art. 2; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 9, Art. 51; 2014, No. 4-5, of Art. 24; No. 19-I, 19-II, Art. 96; No. 23, Art. 143; 2015, No. 14, Art. 71; No. 15, Art. 78; No. 20-I, Art. 110; No. 20-IV, Art. 113):

in part one of item 4 of Article 19 of the word of "reference tribunal" to replace with the word of "arbitration".

14. In the Law of the Republic of Kazakhstan of May 4, 2009 "About commodity exchanges" (Sheets of Parliament of the Republic of Kazakhstan, 2009, No. 9-10, of Art. 46; No. 18, Art. 84; No. 19, Art. 88; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 10, Art. 77; No. 15, Art. 97; 2013, No. 4, Art. 21; No. 14, Art. 75; 2014, No. 1, Art. 4, 9; No. 10, Art. 52; No. 11, Art. 61; No. 16, Art. 90; No. 19-I, No. 19-II, Art. 96; 2015, No. 19-I, Art. 101; No. 20-IV, Art. 113; No. 23, Art. 143; No. 22-III, Art. 149):

to state Item 2 of Article 8 in the following edition:

"2. Activities of exchange arbitration are regulated by the legislation of the Republic of Kazakhstan on arbitration.".

15. In the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (Sheets of Parliament of the Republic of Kazakhstan, 2009, No. 19, Art. 87; 2010, No. 7, Art. 32; 2011, No. 11, Art. 102; 2012, No. 10, Art. 77; No. 13, Art. 91; 2013, No. 10-11, of Art. 56; 2014, No. 11, Art. 61; No. 14, Art. 84; No. 21, Art. 118, 122; 2015, No. 16, Art. 79; No. 22-I, Art. 140):

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

"11) legalization (washing) of income gained in the criminal way, - involvement in legal money turnover and (or) other property, received in the criminal way, by means of transactions in the form of conversion or transfer of the property representing the income from criminal offenses, or ownership and use of such property, concealment or concealment of its authentic nature, source, the location, method of the order, movement, the rights to property or its accessories if it is known that such property represents the income from criminal offenses, and is equal mediation in legalization of the money and (or) other property received in the criminal way;".

16. 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; No. 19-II, Art. 106; No. 20-IV, Art. 113; No. 20-VII, Art. 115):

The subitem 4) of Item 1 of Article 9 to state 1) in the following edition:

"4) the writs of execution issued based on determination of court about forced execution of arbitral decisions;";

2) in Article 11:

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

"2) the writs of execution issued based on determination of court about forced execution of arbitral decisions, decisions of the international and foreign arbitrations - within three years;";

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

"2) in case of execution of the writs of execution issued based on determination of court about forced execution of arbitral decisions, decisions of the international and foreign arbitrations - from the date of, the introduction of the decision following later in force;".

17. In the Law of the Republic of Kazakhstan of May 4, 2010 "About consumer protection" (Sheets of Parliament of the Republic of Kazakhstan, 2010, No. 9, Art. 43; 2011, No. 11, Art. 102; 2014, No. 1, Art. 4; No. 21, Art. 122; No. 22, Art. 128; No. 23, Art. 143; 2015, No. 22-VII, Art. 161):

to state part one of Article 22 in the following edition:

"Protection of the rights and legitimate interests of consumers is performed within competence by the relevant state bodies, court and arbitration.".

18. 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; 2015, No. 20-IV, Art. 113; No. 22-V, Art. 152):

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

"6) is formed by arbitration according to the Law of the Republic of Kazakhstan "About arbitration".".

19. In the Law of the Republic of Kazakhstan of March 7, 2014 "About rehabilitation and bankruptcy" (Sheets of Parliament of the Republic of Kazakhstan, 2014, No. 4-5, of Art. 23; No. 10, Art. 52; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 8, Art. 42; No. 15, Art. 78; No. 20-IV, Art. 113; No. 22-VI, Art. 159):

The subitem 3) of Article 28-5 to state 1) in the following edition:

"3) execution of earlier made decisions of the courts, arbitral decisions, except for payments to citizens before which the debtor bears responsibility for damnification of life or to health without requirements about compensation of moral harm which payment due date came after agreement signature about insolvency settlement stops;";

The subitem 2) of Item 2 of Article 32 to state 2) in the following edition:

"2) execution of earlier made decisions of the courts, arbitration in claims of the creditors entering into group of the homogeneous creditors included in the plan of rehabilitation, and also the owners of property of the debtor (authorized by it bodies), founders (participants) concerning its property stops before pronouncement by court of the decision on the termination of the accelerated rehabilitation procedure;";

The subitem 2) of Item 1 of Article 36 to state 3) in the following edition:

"2) execution of earlier made decisions of the courts, arbitration in claims of the creditors entering into group of the homogeneous creditors included in the plan of rehabilitation, and also the owners of property of the debtor (authorized by it bodies), founders (participants) concerning its property stops;";

The subitem 2) of Item 1 of Article 50 to state 4) in the following edition:

"2) execution of earlier made decisions of the courts, arbitral decisions, decisions of bodies of state revenues, and also owners (founders, participants) or bodies of the debtor concerning its property stops, except for payments to citizens before which the debtor bears responsibility for damnification of life or to health without requirements about compensation of moral harm;";

The subitem 3) of Item 1 of Article 68 to state 5) in the following edition:

"3) execution of the made decisions of the courts, arbitral decisions, decisions of bodies of state revenues, and also the owners of property of the debtor (authorized by it bodies), founders (participants) concerning its property, except for payments to citizens before which the debtor bears responsibility for damnification of life or to health without requirements about compensation of moral harm which payment due date came after application of the rehabilitation procedure stops;".

20. In the Law of the Republic of Kazakhstan of June 27, 2014 "About labor unions" (Sheets of Parliament of the Republic of Kazakhstan, 2014, No. 11, Art. 66; 2015, No. 22-V, Art. 152):

2) of Item 1 of Article 16 to state the subitem in the following edition:

"2) to make in court claims in protection of the rights and interests of the members, to act in their interests when carrying out mediation, in court, the labor arbitration or arbitration, in state bodies, to give them other legal assistance;".

21. In the Law of the Republic of Kazakhstan of August 2, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (Sheets of Parliament of the Republic of Kazakhstan 2015, No. 16, Art. 79; No. 22-I, Art. 143):

state Article 2 in the following edition:

"Article 2.

This Law becomes effective after ten calendar days after day of its first official publication, except for:

1) subitems 2), 4) Item 3, Items 4, 10, 11, 12, the paragraph of the third subitem 1), paragraphs two - the twenty first subitem 3), subitems 4), 5), 6), 10), 11), paragraphs of the fifth - the eighth subitem 14) Item 13 and Item 14 of Article 1, which become effective after six months after day of its first official publication;

2) Item 1, the subitem 1) Item 3, Item 9, paragraphs of the fourth and tenth subitem 1), the subitem 2), paragraphs two - the seventh subitem 7), paragraphs two and the third subitem 12) Item 13 and Item 16 of Article 1, which become effective since April 1, 2016;

3) Item 8 and the subitem 9) Item 13 of Article 1, which become effective since January 1, 2017.".

22. In the Law of the Republic of Kazakhstan of October 31, 2015 "About public-private partnership" (Sheets of Parliament of the Republic of Kazakhstan, 2015, No. 20-VII, the Art. 116):

to state Item 2 of Article 57 in the following edition:

"2. If the disputes connected with execution and termination of the contract of public-private partnership cannot be resolved according to Item 1 of this Article, then agreement parties of public-private partnership have the right to resolve dispute according to requirements of the legislation of the Republic of Kazakhstan judicially, and also by the appeal to arbitration according to the Law of the Republic of Kazakhstan "About arbitration". Concerning projects of public-private partnership of the special importance in case the private partner is nonresident of the Republic of Kazakhstan, the arbitration is determined by agreement of the parties agreements of public-private partnership.".

23. In the Law of the Republic of Kazakhstan of December 4, 2015 "About public procurements" (Sheets of Parliament of the Republic of Kazakhstan, 2015, No. 23-II, the Art. 171):

to state Item 5 of Article 43 in the following edition:

"5. If the agreement on public procurements provides transfer arisen or able to arise disputes over the specified contract for consideration in arbitration, the written consent of authorized body of the corresponding industry (concerning republican property) or local executive body (concerning utility property) on the conclusion of the arbitral agreement shall be attached to it.".

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

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info