LAW OF THE REPUBLIC OF KAZAKHSTAN

of May 6, 2017 No. 63-VI ZRK

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

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

1. 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; No. 23, Art. 118; No. 24, Art. 126):

Headings of Articles 214 and 223 to state 1) in table of contents in the following edition:

"Article 214. Illegal entrepreneurship, illegal banking or collection activity";

"Article 223. Illegal obtaining, disclosure or use of the data which are trade or bank secret, the mystery of provision of the microcredit, the mystery of collection activities, and also information connected with legalization of property";

2) in Article 214:

state heading in the following edition:

"Article 214. Illegal entrepreneurship, illegal banking or collection activity";

the paragraph one of part one to state in the following edition:

"1. Implementation of business activity, banking activity (banking activities) or collection activities without registration, and is equal without the license, obligatory for such activities, or with violation of the law of the Republic of Kazakhstan about permissions and notifications, and occupation the prohibited types of business activity is equal if these acts caused major damage to the citizen, to the organization or the state or are integrated to commercialization in large size or production, storage, transportation or sale of excise goods in considerable sizes, -";

3) in Article 223:

state heading in the following edition:

"Article 223. Illegal obtaining, disclosure or use of the data which are trade or bank secret, the mystery of provision of the microcredit, the mystery of collection activities, and also information connected with legalization of property";

the paragraph one of part one to state in the following edition:

"1. Collection of the data which are trade or bank secret, the mystery of provision of the microcredit, the mystery of collection activities, and also information connected with holding procedure of legalization of property by stealing of documents, bribery or threats concerning persons owning trade or bank secrecy, the mystery of provision of the microcredit, the mystery of collection activities or their relatives, interception in means of communication, illegal penetration into computer system or network, use of special technical means, and by equally other illegal method for the purpose of disclosure or illegal use of these data -";

the paragraph one of part two to state in the following edition:

"2. Illegal disclosure or use of the data which are trade or bank secret, the mystery of provision of the microcredit, the mystery of collection activities without the consent of their owner by person to which they were entrusted on service or work, made from mercenary or other personal interest and caused major damage, -".

2. 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; No. 19-I, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-I, Art. 124, 125; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-I, Art. 140, 141, 143; No. 22-II, Art. 144, 145, 148; No. 22-III, Art. 149; No. 22-V, Art. 152, 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-I, Art. 166, 169; No. 23-II, Art. 172; 2016, No. 1, Art. 4; No. 2, Art. 9; No. 6, Art. 45; No. 7-I, Art. 49, 50; No. 7-II, Art. 53, 57; No. 8-I, Art. 62, 65; No. 8-II, Art. 66, 67, 68, 70, 72; No. 12, Art. 87; No. 22, Art. 116; No. 23, Art. 118; No. 24, Art. 124, 126, 131; 2017, Art. No. 1-2, 3):

Table of contents to add 1) with headings of Articles 211-1 and 211-2 of the following content:

"Article 211-1. Violation of requirements of the legislation of the Republic of Kazakhstan on collection activities

Article 211-2. Violation by person to which the right (requirement) for the agreement of bank loan or to the agreement on provision of the microcredit, the requirements and restrictions shown by the legislation of the Republic of Kazakhstan to the creditor's relations with the borrower is yielded";

Article 47 to add 2) with part six of the following content:

"6. The exception of the register of the collection agencies is performed by National Bank of the Republic of Kazakhstan on the bases and according to the procedure which are established by the Law of the Republic of Kazakhstan "About collection activities".";

3) in Article 211:

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