LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 2016 No. 36-VI ZRK

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

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 (Special part) of July 1, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 16-17, of Art. 642; No. 23, Art. 929; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; No. 22, Art. 408; 2001, No. 23, Art. 309; No. 24, Art. 338; 2002, No. 10, Art. 102; 2003, No. 1-2, of Art. 7; No. 4, Art. 25; No. 11, Art. 56; No. 14, Art. 103; No. 15, Art. 138, 139; 2004, No. 3-4, of Art. 16; No. 5, Art. 25; No. 6, Art. 42; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 21-22, of Art. 87; No. 23, Art. 104; 2006, No. 4, Art. 24, 25; No. 8, Art. 45; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 3, Art. 21; No. 4, Art. 28; No. 5-6, of Art. 37; No. 8, Art. 52; No. 9, Art. 67; No. 12, Art. 88; 2009, No. 2-3, of Art. 16; No. 9-10, of Art. 48; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 3-4, of Art. 12; No. 5, Art. 23; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50, 53; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 2, Art. 13, 14, 15; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 85; No. 13, Art. 91; No. 14, Art. 92; No. 20, Art. 121; No. 21-22, of Art. 124; 2013, No. 4, Art. 21; No. 10-11, of Art. 56; No. 15, Art. 82; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 11, Art. 61, 69; No. 14, Art. 84; No. 19-I, 19-II, Art. 96; 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. 19-I, Art. 100; No. 19-ІІ, Art. 102; No. 20-VII, Art. 117, 119; No. 22-I, Art. 143; No. 22-II, Art. 145; No. 22-III, Art. 149; No. 22-VI, Art. 159; No. 22-VII, Art. 161; 2016, No. 7-I, Art. 49; No. 7-II, Art. 53; No. 8-I, Art. 62; No. 12, Art. 87):

to add Item 5 of Article 830 with subitem 4-4) of the following content:

"To 4-4) bodies of homeland security and Service of the state protection of the Republic of Kazakhstan from the sanction of the prosecutor for the purpose of the prevention, opening and suppression of prospecting and (or) blasting shares;".

2. In the Budget code of the Republic of Kazakhstan of December 4, 2008 (The sheet of Parliament of the Republic of Kazakhstan, 2008, No. 21, Art. 93; 2009, No. 23, Art. 112; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 7, Art. 29, 32; No. 15, Art. 71; No. 24, Art. 146, 149, 150; 2011, No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 7, Art. 54; No. 11, Art. 102; No. 13, Art. 115; No. 15, Art. 125; No. 16, Art. 129; No. 20, Art. 151; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 16; No. 3, Art. 21; No. 4, Art. 30, 32; No. 5, Art. 36, 41; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 94; No. 18-19, of Art. 119; No. 23-24, of Art. 125; 2013, No. 2, Art. 13; No. 5-6, of Art. 30; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 13, Art. 63; No. 14, Art. 72; No. 15, Art. 81, 82; No. 16, Art. 83; No. 20, Art. 113; No. 21-22, of Art. 114; 2014, No. 1, Art. 6; No. 2, Art. 10, 12; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44; No. 11, Art. 63, 69; No. 12, Art. 82; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 128, 131; No. 23, Art. 143; 2015, No. 2, Art. 3; No. 11, Art. 57; No. 14, Art. 72; No. 15, Art. 78; No. 19-I, St. 100; No. 19-II, Art. 106; No. 20-IV, Art. 113; No. 20-VII, Art. 117; No. 21-I, Art. 121, 124; No. 21-II, Art. 130, 132; No. 22-I, Art. 140, 143; No. 22-II, Art. 144; No. 22-V, Art. 156; No. 22-VI, Art. 159; No. 23-II, Art. 172; 2016, No. 7-II, Art. 53; No. 8-I, Art. 62; No. 12, Art. 87; The Law of the Republic of Kazakhstan of November 30, 2016 "About modification and amendments in some legal acts of the Republic of Kazakhstan on the tax matters and customs administration", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 6, 2016):

state Article 83 in the following edition:

"Article 83. Budget implementation taking into account features of some laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan

The provisions of this Code regulating budget implementation are applied taking into account the features established by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan regulating questions of the state secrets, election of the president of the Republic of Kazakhstan, deputies of Parliament of the Republic of Kazakhstan, deputies of maslikhats, akims of the cities of district value, villages, settlements, rural districts, and also members of local government bodies in the Republic of Kazakhstan, implementation of operational search, counterintelligence activities, ensuring foreign policy activities, defense capability and homeland security of the country.".

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-I, Art. 140; No. 22-III, Art. 149; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 67; No. 12, Art. 87):

Headings of Articles 35 and 416 to state 1) in table of contents in the following edition:

"Article 35. Implementation of operational search, counterprospecting actions or secret investigative actions";

"Article 416. Falsification of proofs and operational search, counterprospecting materials";

Article 35 to state 2) in the following edition:

"Article 35. Implementation of operational search, counterprospecting actions or secret investigative actions

1. The act made in case of accomplishment according to the law of the Republic of Kazakhstan of operational search, counterprospecting actions or secret investigative actions by the employee of authorized state body or at the request of such body the other person cooperating with this body which did harm to the interests protected by this Code is not criminal offense if this act is made for the purpose of prevention, identification, disclosure or investigation of the criminal offenses made by group of persons, group of persons by previous concert, criminal group, preventions, opening and suppression of prospecting and (or) blasting shares and also if the damage suffered to the right protected interests is less considerable, than the harm done by the specified criminal offenses and if their prevention, disclosure or investigation, and exposure of criminal offenses of persons, guilty of making, is equal could not be performed by different way.

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