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LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 15, 2017 No. 73-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning plant and animal life

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-І, 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-І, Art. 99, 101; No. 19-II, Art. 103; No. 20-IV, Art. 113; No. 20-VII, Art. 115, 117; No. 21-І, Art. 124, 126; No. 22-II, Art. 145; No. 22-VI, Art. 159; 2016, No. 6, Art. 45; No. 7-II, Art. 53, 56; No. 8-II, Art. 72; No. 10, Art. 79; 2017, No. 3, Art. 6; No. 4, Art. 7):

the fifth Item 2 of Article 122 to state part in the following edition:

"The list of especially protected natural territories of republican value affirms the Government of the Republic of Kazakhstan.".

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-І, 19-ІІ, Art. 96; 2015, No. 20-IV, Art. 113; 2016, No. 6, Art. 45; No. 7-II, Art. 56; 2017, No. 3, Art. 6):

1) in all text changes in Kazakh are made,

the text in Russian does not change;

2) in table of contents:

to state heading of Article 33 in the following edition:

"Article 33. Form and state registration of agreements of long-term and short-term forest utilization on sites of the state forest fund";

add with heading of Article 51-1 of the following content:

"Article 51-1. Transfer of lands of other categories to lands of forest fund";

to state heading of Article 91 in the following edition:

"Article 91. Ensuring need of local population for wood with the state forest owner in case of cabins of the main use, cabins of intermediate use and other cabins";

add with heading of Article 117-1 of the following content:

"Article 117-1. Legal and social protection of specialists of forestry";

Article 4 to add 3) with subitem 74-1) of the following content:

"74-1) forest ecological system services (further - forest ecosystem services) - the benefits received from use of the wood, its functions including useful properties, the physical persons and legal entities performing activities in the territory of forest fund and the sites adjoining to it;";

4) in Article 12:

10) to state the subitem in the following edition:

"10) makes the decision on withdrawal of the rare and being under the threat of disappearance types of plants, their parts or derivatives and approves amounts of their withdrawal;";

exclude subitem 17-20);

5) in Article 13:

in Item 1:

subitems 17), 18-4), 18-5) and 18-15) to state in the following edition:

"Develops 17) and approves methodical instructions: calculation of rates of payment for forest uses on sites of the state forest fund; on accounting and determination of the damage caused by the fires in the territory of forest fund; on accounting and determination of amounts of illegal fellings of the wood and damage caused by illegal fellings of the wood in the territory of forest fund;";

"18-4) develops and approves rules of issue of import permits to the Republic of Kazakhstan and export out of its limits of objects of flora, their parts and derivatives, including types of the plants referred to category rare and which are under the threat of disappearance;

18-5) creates according to rules of leave of wood on root on sites of the state forest fund and approves annual amounts of cabins of the wood in the territory of the state forest fund;";

"18-15) makes in the Government of the Republic of Kazakhstan offers on withdrawal of the rare and being under the threat of disappearance types of plants, their parts or derivatives and approval of amounts of their withdrawal;";

to add subitems 18-16) and 18-17) after words of "the state forest inspection" with words of Republic of Kazakhstan;

in subitem 18-32) of the word of "determination of damage" shall be replaced with words "determinations of amounts of illegal fellings of the wood and damage";

in subitem 18-34) of the word of "the agreement of long-term forest utilization" shall be replaced with words "agreements of long-term and short-term forest utilization";

add with subitems 18-45), 18-46), 18-47) and 18-48) of the following content:

"18-45) develops and approves forms of acts of officials of the state forest inspection of the Republic of Kazakhstan and the state forest protection of the Republic of Kazakhstan;

18-46) approves symbolics (emblem and flag) of the forest organization which is under its departmental supervision;

18-47) issues import permits to the Republic of Kazakhstan and export out of its limits of objects of flora, their parts and derivatives, including types of the plants referred to category rare and which are under the threat of disappearance;

18-48) develops and approves translation rules of lands of other categories to lands of forest fund;";

third the subitem 9) of Item 2 after the word "long-term" to add the paragraph with the words "and short-term";

6) in Article 15:

in subitem 15-3) of the word of "the agreement of long-term forest utilization" shall be replaced with words "agreements of long-term and short-term forest utilization";

add with subitems 15-4) and 15-5) of the following content:

"15-4) approve symbolics (emblem and flag) of the forest organization which is under their departmental supervision;

15-5) make transfer of lands of other categories to lands of forest fund according to the procedure, determined by authorized body;";

Article 18 to add 7) with subitems 14) and 15) of the following content:

"Creates 14) and approves annual amount of cabins of the wood by the forest users having the agreement of long-term forest utilization;

15) develops symbolics (emblem and flag) of forest organization.";

8) 2) of Item 2 of Article 21 after the word "long-term" to add the subitem with the words "and short-term";

9) in Article 24:

2) to state the subitem in the following edition:

"2) to perform forest utilization on sites of the state forest fund according to the procedure, determined by this Code;";

add with the subitem 6) of the following content:

"6) to sign agreements of short-term forest utilization on sites of the state forest fund.";

10) in Article 29:

add Item 1 with part two of the following content:

"Have the right to take part in the tender citizens of the Republic of Kazakhstan and legal entities of the Republic of Kazakhstan without foreign participation.";

Item 2 after the words "on the basis" to add with words "agreements of short-term forest utilization and (or)";

in Item 6 of the word "agreement of long-term forest utilization" shall be replaced with words "agreements of long-term and short-term forest utilization";

11) in Article 31:

add Item 1 with words ", except for type of forest utilization, stipulated in Item 1-1 this Article";

add with Items 1-1 and 1-2 of the following content:

"1-1. Forest resources on sites of the state forest fund for needs of hunting economy are provided in long-term forest utilization based on the contract for maintaining hunting economy signed according to the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of fauna with the subsequent execution of the contract between the state forest owner and the forest user.

1-2. In case of long-term forest utilization on sites of the state forest fund the following types of forest utilization can be performed:

1) wood procurement;

2) procurement of gallipot, wood juice;

3) use of sites of the state forest fund for needs of hunting economy;

4) use of sites of the state forest fund for the research purposes;

5) use of sites of the state forest fund for the improving, recreational, historical and cultural, tourist and sports purposes;

6) use of sites of the state forest fund for cultivation of landing material of tree and shrubby species and plantatsionny plantings of special purpose;

7) collateral forest utilization.";

in paragraph one of Item 2-1 of the word shall be replaced with words "physical persons and legal entities" "citizens of the Republic of Kazakhstan and legal entities of the Republic of Kazakhstan without foreign participation";

12) in Article 33:

in word heading of "the agreement of long-term forest utilization" shall be replaced with words "agreements of long-term and short-term forest utilization";

in Item 1:

the words "Agreement of Long-term Forest Utilization" shall be replaced with words "Agreements of long-term and short-term forest utilization";

the word "consists" to replace with the word "consist";

the word "is subject" to replace with the word "are subject";

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