LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 13, 2017 No. 69-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning defense and military service

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

1. In the Labor code of the Republic of Kazakhstan of November 23, 2015 (The sheet of Parliament of the Republic of Kazakhstan, 2015, No. 22-IV, Art. 151; 2016, Art. No. 7-1, 49):

6) of Item 1 of Article 57 to state the subitem in the following edition:

"6) in case of arrival of the worker on military service under the contract, service in law enforcement and special state bodies from the date of presentation by the worker of the relevant document not later than in three-day time.".

2. In the Law of the Republic of Kazakhstan of September 21, 1994 "About transport in the Republic of Kazakhstan" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1994, No. 15, Art. 201; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 186; 1998, No. 24, Art. 447; 2001, No. 23, Art. 309, 321; No. 24, Art. 338; 2003, No. 10, Art. 54; 2004, No. 18, Art. 110; No. 23, Art. 142; 2005, No. 15, Art. 63; 2006, No. 3, Art. 22; No. 14, Art. 89; No. 24, Art. 148; 2009, No. 18, Art. 84; 2010, No. 17-18, of Art. 114; No. 24, Art. 146; 2011, No. 1, Art. 2, 3; No. 5, Art. 43; No. 12, Art. 111; 2012, No. 2, Art. 14; No. 3, Art. 21; No. 14, Art. 92, 96; No. 15, Art. 97; 2013, No. 1, Art. 2; No. 9, Art. 51; No. 14, Art. 72, 75; No. 16, Art. 83; 2014, No. 7, Art. 37; No. 10, Art. 52; No. 12, Art. 82; No. 19-I, 19-II, Art. 96; No. 21, Art. 123; 2015, No. 1, Art. 2; No. 19-I, Art. 100, 101; No. 20-IV, Art. 113; No. 22-VI, Art. 159; No. 23-II, Art. 170; 2016, No. 8-I, Art. 60; The Law of the Republic of Kazakhstan of May 5, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning transport", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 11, 2017; The Law of the Republic of Kazakhstan of May 10, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning use of airspace and activities of aircraft", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 12, 2017):

1) in Article 1:

exclude subitem 1-6);

add with subitems 1-7), 1-8), 1-9), 1-10) and 1-11) of the following content:

"1-7) military passengers are military personnel and members of their families, and also persons determined by the list of the first head of the relevant state body;

1-8) military loads - all types of arms, military equipment, ammunition and other material property transported according to the procedure, determined by authorized state body;

1-9) military rates - the rate applied on intra republican transportations of military loads, approved according to the legislation of the Republic of Kazakhstan;

1-10) military transportations - the transportations of troops, military loads and military passengers which are carried out by carriers irrespective of pattern of ownership according to the procedure, determined by authorized state body;

1-11) single commodity-transport delivery notes (the single bill of lading) - the document certifying acceptance of load by the operator of bulk transportations in the maintaining for cargo delivery to destination;";

) add Article 5 with part four of the following content:

"The authorized state body develops and approves rules of accomplishment and registration of military transportations by carriers irrespective of pattern of ownership, including procedure for application of military rates on modes of transport.";

) add Article 10 with parts three and the fourth the following content:

"On intra republican transportations of military loads military rates are applied, and on transportations of military loads outside the Republic of Kazakhstan rates according to international treaties of the Republic of Kazakhstan are applied.

Transportations of the military passengers and military loads transported by baggage and cargo baggage on modes of transport are carried out on the rates applied on transportations of passengers, baggage and cargo baggage.".

3. In the Law of the Republic of Kazakhstan of December 21, 1995 "About bodies of homeland security of the Republic of Kazakhstan" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1995, No. 24, Art. 157; Sheets of Parliament of the Republic of Kazakhstan, 1997, No. 10, Art. 108; No. 12, Art. 184; 1998, No. 23, Art. 416; No. 24, Art. 436; 1999, No. 8, Art. 233; No. 23, Art. 920; 2000, No. 3-4, of Art. 66; 2001, No. 20, Art. 257; 2002, No. 6, Art. 72; No. 17, Art. 155; 2004, No. 23, Art. 142; 2007, No. 9, Art. 67; No. 10, Art. 69; No. 20, Art. 152; 2009, No. 19, Art. 88; 2010, No. 7, Art. 32; No. 10, Art. 48; 2011, No. 1, Art. 3, 7; No. 11, Art. 102; No. 16, Art. 129; 2012, No. 4, Art. 32; No. 8, Art. 63; 2013, No. 1, Art. 2; No. 2, Art. 10; No. 14, Art. 72; 2014, No. 1, Art. 4; No. 7, Art. 33; No. 11, Art. 61; No. 14, Art. 84; No. 16, Art. 90; No. 21, Art. 118; 2015, No. 21-III, Art. 135; No. 22-V, Art. 154, 156; 2016, No. 23, Art. 118; No. 24, Art. 126, 131; 2017, No. 1-2, of Art. 3; The Law of the Republic of Kazakhstan of April 18, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the criminal and executive legislation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 20, 2017):

1) in Item 1 of Article 8:

3) to state the subitem in the following edition:

"3) directly realizes the main activities of bodies of homeland security;";

add with subitem 3-1) of the following content:

"3-1) adopts regulatory legal acts concerning the organization of activities of bodies of homeland security and realization of the tasks assigned to them;";

2) in Article 12:

state subitem 16-1) in the following edition:

"16-1) to organize and keep the watch and active service in bodies of homeland security according to the procedure, determined by the Chairman of Committee of homeland security;";

add with subitems 20-2) and 22-1) of the following content:

"20-2) to perform psikhologo-sociological ensuring operational and service activity of bodies of homeland security according to the procedure, determined by the Chairman of Committee of homeland security;";

"22-1) to perform measures for protection and promotion of national interests of the Republic of Kazakhstan according to the procedure, determined by the Chairman of Committee of homeland security;";

The subitem 14) of Article 13 to state 3) in the following edition:

"14) to receive gratuitously and with observance of the requirements to disclosure of data, components established by legal acts of the Republic of Kazakhstan the commercial, bank and protected by the law other secret, from state bodies, military forming, parts and the organizations information necessary for accomplishment of the tasks assigned to bodies of homeland security including electronic information resources which are provided from information systems of state bodies and the organizations, according to the procedure, established by joint regulatory legal acts with the specified state bodies, and with the organizations - agreements;";

Part the second Item 1 of Article 17 to state 4) in the following edition:

"The military personnel of bodies of homeland security passes military service according to the legislation of the Republic of Kazakhstan on military service and the status of the military personnel taking into account the features provided by Articles 7, 10 (except for Item 11), 12, of 15, of 16, of 17, of 18, of 19, of 22, of 24, of 29, 30 (except for the subitem 1) Item 8), 31, 32, 33, 34, 35, 36, 37, 40, 50, 75, 77 (except for the subitem 2) Item 4) and 85 (except for Item 4-2) of the Law of the Republic of Kazakhstan "About special state bodies of the Republic of Kazakhstan".".

4. In the Law of the Republic of Kazakhstan of April 16, 1997 "About the housing relations" (Sheets of Parliament of the Republic of Kazakhstan, 1997, No. 8, Art. 84; 1999, No. 13, Art. 431; No. 23, Art. 921; 2001, No. 15-16, of Art. 228; 2002, No. 6, Art. 71; 2003, No. 11, Art. 67; 2004, No. 14, Art. 82; No. 17, Art. 101; No. 23, Art. 142; 2006, No. 16, Art. 103; 2007, No. 9, Art. 67; No. 10, Art. 69; No. 15, Art. 106, 108; No. 18, Art. 143; 2009, No. 11-12, of Art. 54; No. 18, Art. 84; No. 24, Art. 122; 2010, No. 5, Art. 23; No. 10, Art. 52; 2011, No. 1, Art. 2, 3; No. 5, Art. 43; No. 6, Art. 50; No. 10, Art. 86; No. 11, Art. 102; No. 16, Art. 128, 129; 2012, No. 1, Art. 5; No. 3, Art. 21; No. 4, Art. 32; No. 5, Art. 41; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 77; 2014, No. 1, Art. 4; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 23, Art. 143; No. 24, Art. 144; 2015, No. 1, Art. 2; No. 20-IV, Art. 113; No. 22-V, Art. 154, 158; No. 23-II, Art. 170; 2016, No. 8-I, Art. 65; No. 12, Art. 87; No. 23, Art. 118; The Law of the Republic of Kazakhstan of April 18, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the criminal and executive legislation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 20, 2017):

The subitem 6) of Item 1 of Article 1 to state 1) in the following edition:

"6) features of regulation of the housing relations with participation of staff of special state bodies and military personnel.";

Subitem 7-1) of Item 8 of Article 13 to state 2) in the following edition:

"7-1) members of the family of the employee or the serviceman of special state body, the died (dead) in case of service in special state bodies, except for the case provided by the Law of the Republic of Kazakhstan "About special state bodies of the Republic of Kazakhstan", members of the family of the serviceman, the died (dead) when passing military service, irrespective of length of service, and also members of the family of the employee of law-enforcement bodies, the died (dead) in case of service in law-enforcement bodies, irrespective of length of service of the died (dead);";

Item 1 of Article 74 to state 3) in the following edition:

"1. The dwelling from the state housing stock or the dwelling leased by local executive body in private housing stock, except as specified, provided by articles 98-1 and 99 of this Law, is provided to the citizens staying on the registry of persons in need according to the procedure of the priority established by lists from the moment of filing of application with all necessary documents.";

Article 77 to add 4) with Item 3-2 of the following content:

"3-2. The office dwelling from housing stock of public institutions of Armed Forces, other troops and military forming, and also special state bodies is provided based on the decision of the housing commission on provision of the dwelling.

The procedure for activities of the housing commissions of Armed Forces, other troops and military forming, and also special state bodies is determined by the head of authorized state body.";

Article 99 to state 5) in the following edition:

"Article 99. Legal regime of the office dwellings provided to the military personnel from housing stock of public institutions of Armed Forces, other troops and military forming, and also bodies of homeland security

1. The military personnel needing housing (except for military personnel of conscription service, cadets and cadets, and also the military personnel of Service of the state protection of the Republic of Kazakhstan) and members of their families - the spouse (spouse); joint or one of spouses the minor children (adopted, who are in dependence or under guardianship); the children (adopted, who are in dependence or under guardianship) and children of the spouse (spouse), students in the organizations of education for full-time courses aged up to twenty three years; the handicapped children (adopted, who are in dependence or under guardianship) and the handicapped children of the spouse (spouse) who became disabled people up to eighteen years; the parents who are dependent on the serviceman - are provided for passing of military service by the office dwelling from housing stock of public institutions of Armed Forces, other troops and military forming, and also bodies of homeland security according to the Rules of provision of housing for the military personnel approved by the Government of the Republic of Kazakhstan.

And to members of his family the office dwelling is provided to the serviceman (except the military personnel of conscription service, cadets and cadets) in the amount of, established by this Law.

Before providing with the office dwelling, and in the cases provided by this Law, to members of his family according to their official report (statement) target compensation for employment (lease) of the dwelling according to Rules of provision of housing for the military personnel is paid to the serviceman needing housing (except for military personnel of conscription service, cadets and cadets).

2. Realization of the right to housing by the military personnel of Service of the state protection of the Republic of Kazakhstan (except the military personnel of conscription service) is made according to the procedure, provided by Chapter 13-1 of this Law.

The military personnel of Service of the state protection of the Republic of Kazakhstan (except the military personnel of conscription service) provided with the dwelling till January 1, 2015 privatize it according to the procedure, provided by this Law.

3. The serviceman is recognized the members of his family of the dwelling living with it needing housing in case of absence in this settlement at it and at constantly jointly on the property right or other dwelling provided from the state housing stock.

4. Content of dwellings and centralized heating in military camps, on frontier posts and in other closed objects according to the lists determined by the Government of the Republic of Kazakhstan are provided at the expense of the state.

5. Members of families of the military personnel, the died (dead) when passing military service (except cases when in the procedure established by the legislation of the Republic of Kazakhstan it is proved that death (death) occurred when making by the serviceman of illegal actions or because of alcoholic, drug, psychotropic, inhalant intoxication (their analogs) or causing to itself any bodily harm (mutilation) or other harm to the health), cannot be evicted the occupied dwellings without provision of other housing on a grant basis. Before providing with the dwelling target compensation for employment (lease) of the dwelling according to Rules of provision of housing for the military personnel is paid to them.

6. For the serviceman directed for passing of military service abroad the occupied office dwelling remains for all the time of stay abroad.";

Part the second item 4 of Article 101 to exclude 6);

Part one of Item 7 of Article 101-1 to state 7) in the following edition:

"7. The staff of special state bodies in case of dismissal from service on reaching age limit of condition on service, to the state of health or staff reduction keeps the right of receipt of housing payments for the entire period of service from the date of recognition their needing housing minus the difference paid for date of dismissal from service.";

To state part one of Item 2 of Article 101-8 in the following edition:

"2. Family of the employee of special state bodies who died in case of service, housing payments are made in the form of immediate monetary compensation in the amount of, equal to the acquisition value corresponding at the time of his death to family composition regulation of the usable space increased by the price of one square meter of sale of new housing in the respective region of the Republic of Kazakhstan in which the employee served according to the data of authorized body in the field of the state statistics for January of the current year published on its official site minus all earlier performed housing payments in the period of service of the dead.".

5. In the Law of the Republic of Kazakhstan of January 19, 2001 "About the state defense order" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 2, Art. 15; 2004, No. 23, Art. 142; 2009, No. 17, Art. 78; 2011, No. 11, Art. 102; 2012, No. 4, Art. 32; No. 5, Art. 41; 2013, No. 14, Art. 75; 2014, No. 1, Art. 4):

Article 1 to state 1) in the following edition:

"Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) military works - the activities connected with construction with capital repairs and upgrade of defense objects and military property, with creation of new arms and military equipment, special means, information, telecommunication and geographic information systems, automated control systems, and also the research, developmental and other works connected with military property or ensuring defense and safety of the state, having material result;

2) the domestic supplier of military works and military services (further - the domestic supplier of works, services) - the legal entity who is resident of the Republic of Kazakhstan, having potential to perform military works and to render military services of required quality on the most advantageous economic conditions;

3) military services - the activities connected with testing, operation, servicing, running repair, liquidation by means of utilization, the destructions, burials of not used military property and idle property of special state and law enforcement agencies, the scientific and other activities connected with ensuring defense and safety of the state which do not have material result;

4) goods military (products) - arms, the military and special equipment, ammunition, documentation, objects of intellectual property right, the equipment for production and testing of goods of military (products), and also component parts to them;

5) domestic manufacturer of goods of military (products), goods (products) of dual purpose (application) (further - domestic producer) - the legal entity who is resident of the Republic of Kazakhstan and having the production capacities necessary for production of goods of military (products) and goods (products) of dual purpose (application) of required quality on the most advantageous economic conditions;

6) the state customer of the defense order (further - the state customer) - the state body of the Republic of Kazakhstan performing orders for development, research, production, delivery of goods of military (products), goods (products) of dual purpose (application), military works and military services;

7) head contractors of the defense order (further - head contractors) - operators on execution of the defense order and authorized organization;

8) operators on execution of the defense order (further - operators) - the legal entities determined by the Government of the Republic of Kazakhstan for accomplishment of the defense order or implementation of the choice of contractors of the defense order;

9) the contractor of the defense order (further - the contractor) - the legal entity performing accomplishment of the defense order based on the agreement signed with the operator, authorized organization and (or) the state customer;

10) goods (products) of dual purpose (application) - products and technologies which are used in the civil purposes, but can be used or in subsequent are reorientated and used by the state customers as goods military (products);

11) the state defense order (further - the defense order) - the legal act of the Government of the Republic of Kazakhstan approving the list (nomenclature) and amount of goods of military (products), goods (products) of dual purpose (application), military works and military services, acquired for needs of defense, ensuring military safety and law and order in the state, activities of special state bodies, and also accomplishment by the Republic of Kazakhstan of international treaties and obligations;

12) authorized body - the state body enabling the realization of state policy in the field of forming, placement and accomplishment of the defense order;

13) authorized organization - the legal entity determined by the Government of the Republic of Kazakhstan for the implementation of commodity import of military (products), goods (products) of dual purpose (application), military works and military services intended for ensuring military safety, except for the import of the specified goods (products), works and services performed by domestic producers and domestic suppliers of works and services in case of accomplishment of the defense order.";

Article 3 to state 2) in the following edition:

"Article 3. Structure of the defense order

1. The defense order are included:

1) production and delivery of arms, military and special equipment, technical means, ammunition and equipment for production and testing of goods of military (products) and goods (products) of dual purpose (application);

2) basic and applied scientific research in the field of defense and homeland security of the state, research and development works on development of prototypes, upgrade of the state customers of arms, the military and special equipment, technical means, ammunition and the equipment for production and testing of goods of military (products) and goods (products) of dual purpose (application) consisting on equipment;

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