LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 11, 2017 No. 91-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning their reduction in compliance with regulations of the Constitution of the Republic of Kazakhstan

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

1. 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-І, 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-І, 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, 45; No. 11, Art. 52; No. 14, Art. 72; No. 15, Art. 78; No. 19-І, Art. 99, 100, 101; No. 20-І, Art. 110; No. 20-IV, Art. 113; No. 20-VII, Art. 115, 119; No. 21-І, Art. 124; No. 21-II, Art. 130; No. 21-III, Art. 136, 137; No. 22-І, Art. 140, 143; No. 22-II, Art. 144, 145; No. 22-III, Art. 149; No. 22-V, Art. 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-І, Art. 169; 2016, No. 1, Art. 4; No. 6, Art. 45; No. 7-II, Art. 53, 55, 57; No. 8-І, Art. 62; No. 8-II, Art. 66, 72; No. 12, Art. 87; No. 22, Art. 116; No. 24, Art. 124; 2017, No. 4, Art. 7; No. 9, Art. 22; No. 10, Art. 23; The Law of the Republic of Kazakhstan of June 15, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning plant and animal life", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 19, 2017):

1) of Item 1 of Article 135-1 to state the subitem in the following edition:

"1) the non-profit organization created at the initiative of the First President of the Republic of Kazakhstan - Elbasa for ensuring financing of the autonomous organizations of education determined by subitems 2) - 5) this Item which supreme body of management is the Highest board of trustees;".

2. In the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" (Sheets of Parliament of the Republic of Kazakhstan, 2011, No. 22, Art. 174; 2012, No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 2, Art. 13; No. 9, Art. 51; No. 10-11, of Art. 56; No. 14, Art. 72; 2014, No. 1, Art. 9; No. 6, Art. 28; No. 14, Art. 84; No. 19-І, 19-II, Art. 94, 96; No. 21, Art. 122; No. 22, Art. 128; 2015, No. 10, Art. 50; No. 20-VII, Art. 115; No. 22-II, Art. 145; No. 23-II, Art. 170; 2016, No. 8-II, Art. 67; 2017, No. 8, Art. 16):

Item 2 of Article 78 to state 1) in the following edition:

"2. Recovery in the parent rights is performed judicially according to the statement of the parent deprived of the parent rights. Cases on recovery in the parent rights are considered with participation of the parent, the body performing functions on guardianship or custody.";

Item 4 of Article 79 to state 2) in the following edition:

"4. Cases on restriction of the parent rights are considered with obligatory participation of the representative of the body performing functions on guardianship or custody.".

3. In the Criminal Code of Kazakhstan of July 3, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 13-І, 13-II, Art. 83; No. 21, Art. 122; 2015, No. 16, Art. 79; No. 21-III, Art. 137; No. 22-І, 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; 2017, No. 8, Art. 16; No. 9, Art. 21):

1) in table of contents:

add with heading of Article 50-1 of the following content:

"Article 50-1. Deprivation of nationality of the Republic of Kazakhstan";

177, 373 and 374 to state headings of Articles in the following edition:

"Article 177. Infringement of life of the First President of the Republic of Kazakhstan - Elbasa";

"Article 373. Public insult and other infringement of honor and advantage of the First President of the Republic of Kazakhstan - Elbasa, defilement of images of the First President of the Republic of Kazakhstan - Elbasa, hindrance of legal activities of the First President of the Republic of Kazakhstan - Elbasa

Article 374. Violation of guarantees of immunity of the First President of the Republic of Kazakhstan - Elbasa";

Article 3 to add 2) with Item 20-1) of the following content:

"20-1) other severe harm to the vital interests of the Republic of Kazakhstan - the harm done as a result of making of the acts provided by Article part two 160, Article 163, Article part two 164, Articles 168, of 169, of 175, Article part three 179, Article part three 180, Article 181, Article part three 182, article 455 of this Code;";

Paragraph two of part one of Article 8 to state 3) in the following edition:

"Provisions of this Code are applied irrespective of the place of crime execution to citizens of the Republic of Kazakhstan, persons without citizenship who are constantly living in the territory of the Republic of Kazakhstan in cases of making of terrorist or extremist crime or crime against the world and safety of mankind or for causing other severe harm to the vital interests of the Republic of Kazakhstan if other is not established by the international treaty of the Republic of Kazakhstan.";

Part the second Article 15 to state 4) in the following edition:

"2. Persons which reached by the time of crime execution of fourteen-year age are subject to criminal liability for murder (Article 99), intentional causing severe harm to health (Article 106), intentional causing average weight of harm to health in case of aggravating circumstances (Article part two 107), rape (Article 120), violent acts of sexual nature (Article 121), kidnapping (Article 125), attack on persons or the organizations using international protection (Article 173), excitement of social, national, patrimonial, racial, class or religious discord (Article 174), infringement of life of the First President of the Republic of Kazakhstan - Elbasa (Article 177), infringement of life of the President of the Republic of Kazakhstan (Article 178), diversion (Article 184), theft (parts two, the third and fourth Articles 188), robbery (parts two, the third and fourth Articles 191), robbery (Article 192), racketing (parts two, the third and fourth Articles 194), illegal occupancy by the car or other vehicle without the plunder purpose in case of aggravating circumstances (part two, the third and fourth Articles 200), intentional destruction or damage of alien property in case of aggravating circumstances (part two and third Articles 202), the act of terrorism (Article 255), promotion of terrorism or public calls for making of the act of terrorism (Article 256), creation, management of terrorist group and participation in its activities (part one and the second Articles 257), financing of terrorist or extremist activities and other complicity to terrorism or extremism (Article 258), taking of the hostage (Article 261), attack on buildings, constructions, intermedia and bonds or their capture (Article 269), obviously untrue report on the act of terrorism (Article 273), plunder or racketing of weapon, ammunition, explosives and destructive devices (Article 291), hooliganism in case of aggravating circumstances (part two and third Articles 293), vandalism (Article 294), plunder or racketing of drugs, psychotropic substances, their analogs (Article 298), violation of bodies of the dead and places of their burial in case of aggravating circumstances (Article part two 314) and intentional reduction in worthlessness of vehicles or means of communication (Article 350).";

Part third of Article 40 to add 5) with Item 3-1) of the following content:

"3-1) deprivation of nationality of the Republic of Kazakhstan;";

To add 6) with Article 50-1 of the following content:

"Article 50-1. Deprivation of nationality of the Republic of Kazakhstan

1. Deprivation of nationality of the Republic of Kazakhstan consists in the forced termination of the steady political legal bond by the state with the convict expressing set of their mutual rights and obligations.

2. Deprivation of nationality of the Republic of Kazakhstan is not designated to persons who committed crime aged up to eighteen years.";

Paragraph two of part two of Article 160 to state 7) in the following edition:

"it is punished by imprisonment for a period of fifteen up to twenty years or lifelong imprisonment with deprivation of nationality of the Republic of Kazakhstan or without that, or capital punishment.";

8) in Article 163:

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

"are punished by imprisonment for a period of ten up to fifteen years with deprivation of nationality of the Republic of Kazakhstan or without that.";

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

"it is punished by imprisonment for a period of fifteen up to twenty years or lifelong imprisonment with deprivation of nationality of the Republic of Kazakhstan or without that, or capital punishment.";

Paragraph two of part two of Article 164 to state 9) in the following edition:

"it is punished by imprisonment for a period of fifteen up to twenty years or lifelong imprisonment with deprivation of nationality of the Republic of Kazakhstan or without that, or capital punishment.";

10) in Article 168:

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

"it is punished by imprisonment for a period of fifteen up to twenty years or lifelong imprisonment with deprivation of nationality of the Republic of Kazakhstan or without that.";

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

"are punished by imprisonment for a period of fifteen up to twenty years or lifelong imprisonment with deprivation of nationality of the Republic of Kazakhstan or without that, or capital punishment.";

Paragraph two of Article 169 to state 11) in the following edition:

"are punished by imprisonment for a period of ten up to fifteen years with deprivation of nationality of the Republic of Kazakhstan or without that.";

12) in Article 170:

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

"are punished by imprisonment for a period of twelve up to seventeen years with confiscation of property, deprivation of nationality of the Republic of Kazakhstan or without that.";

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

"it is punished by imprisonment for a period of fifteen up to twenty years or lifelong imprisonment with deprivation of nationality of the Republic of Kazakhstan or without that, or capital punishment, with confiscation of property.";

13) in Article 173:

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

"are punished by imprisonment for a period of ten up to fifteen years with confiscation of property, deprivation of nationality of the Republic of Kazakhstan or without that.";

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

"are punished by imprisonment for a period of fifteen up to twenty years with confiscation of property, deprivation of nationality of the Republic of Kazakhstan or without that.";

14) in Article 175:

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

"it is punished by imprisonment for a period of ten up to fifteen years with deprivation of nationality of the Republic of Kazakhstan or without that.";

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

"are punished by imprisonment for a period of fifteen up to twenty years or lifelong imprisonment with deprivation of nationality of the Republic of Kazakhstan or without that.";

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

"are punished by imprisonment for a period of fifteen up to twenty years or lifelong imprisonment with deprivation of nationality of the Republic of Kazakhstan or without that, or capital punishment.";

Article 177 to state 15) in the following edition:

"Article 177. Infringement of life of the First President of the Republic of Kazakhstan - Elbasa

Infringement of life of the First President of the Republic of Kazakhstan - Elbasa, made for the purpose of hindrance of its legal activities or from revenge for such activities,

it is punished by imprisonment for a period of fifteen up to twenty years or lifelong imprisonment with deprivation of nationality of the Republic of Kazakhstan or without that, or capital punishment.";

Paragraph two of Article 178 to state 16) in the following edition:

"it is punished by imprisonment for a period of fifteen up to twenty years or lifelong imprisonment with deprivation of nationality of the Republic of Kazakhstan or without that, or capital punishment.";

Paragraph two of part three of Article 179 to state 17) in the following edition:

"are punished by imprisonment for a period of twelve up to seventeen years with deprivation of nationality of the Republic of Kazakhstan or without that.";

Paragraph two of part three of Article 180 to state 18) in the following edition:

"are punished by imprisonment for a period of ten up to fifteen years with deprivation of nationality of the Republic of Kazakhstan or without that.";

19) in Article 181:

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

"it is punished by imprisonment for a period of twelve up to twenty years with deprivation of nationality of the Republic of Kazakhstan or without that.";

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

"it is punished by imprisonment for a period of twelve up to seventeen years with deprivation of nationality of the Republic of Kazakhstan or without that.";

Paragraph two of part three of Article 182 to state 20) in the following edition:

"are punished by imprisonment for a period of twelve up to seventeen years with confiscation of property, deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to five years, deprivation of nationality of the Republic of Kazakhstan or without that.";

Paragraph two of Article 184 to state 21) in the following edition:

"are punished by imprisonment for a period of fifteen up to twenty years or lifelong imprisonment with deprivation of nationality of the Republic of Kazakhstan or without that, or capital punishment, with confiscation of property.";

22) in Article 255:

2) to state Item paragraph two to part three in the following edition:

"are punished by imprisonment for a period of twelve up to seventeen years with confiscation of property, deprivation of nationality of the Republic of Kazakhstan or without that.";

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

"are punished by imprisonment for a period of fifteen up to twenty years or lifelong imprisonment with deprivation of nationality of the Republic of Kazakhstan or without that, or capital punishment, with confiscation of property.";

23) in Article 257:

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

"are punished by imprisonment for a period of ten up to seventeen years with confiscation of property, deprivation of nationality of the Republic of Kazakhstan or without that.";

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

"are punished by imprisonment for a period of twelve up to fifteen years with confiscation of property, deprivation of nationality of the Republic of Kazakhstan or without that.";

Paragraph two of part three of Article 261 to state 24) in the following edition:

"are punished by imprisonment for a period of ten up to fifteen years with deprivation of nationality of the Republic of Kazakhstan or without that.";

Paragraph two of part three of Article 269 to state 25) in the following edition:

"are punished by imprisonment for a period of eight up to fifteen years with confiscation of property, deprivation of nationality of the Republic of Kazakhstan or without that.";

Paragraph two of part three of Article 270 to state 26) in the following edition:

"are punished by imprisonment for a period of eight up to fifteen years with confiscation of property, deprivation of nationality of the Republic of Kazakhstan or without that.";

Articles 373 and 374 to state 27) in the following edition:

"Article 373. Public insult and other infringement of honor and advantage of the First President of the Republic of Kazakhstan - Elbasa, defilement of images of the First President of the Republic of Kazakhstan - Elbasa, hindrance of legal activities of the First President of the Republic of Kazakhstan - Elbasa

1. Public insult or other infringement of honor and advantage of the First President of the Republic of Kazakhstan - Elbasa, defilement of images of the First President of the Republic of Kazakhstan - Elbasa

are punished by penalty at the rate to two thousand monthly settlement indicators or corrective works in the same size, or restriction of freedom for a period of up to two years, or imprisonment for the same term.

2. The same acts made with use of mass media or networks of telecommunications

are punished by penalty at the rate to three thousand monthly settlement indicators or corrective works in the same size, or restriction of freedom for a period of up to three years, or imprisonment for the same term.

3. Impact in any form on the First President of the Republic of Kazakhstan - Elbasa or jointly the members of his family with the purpose of hindrance of its legal activities living with it

it is punished by penalty at the rate to five thousand monthly settlement indicators or corrective works in the same size, or restriction of freedom for a period of up to five years, or imprisonment for the same term.

Article 374. Violation of guarantees of immunity of the First President of the Republic of Kazakhstan - Elbasa

Violation in any form of guarantees of immunity of the First President of the Republic of Kazakhstan - Elbasa and jointly the family members living with it, including the guarantees of security of property, residential and service premises, personal and office vehicles, correspondence used by them means of communication, guarantees of bank secrecy and immunity of bank accounts, and also immunity of the documents belonging to them

it is punished by penalty at the rate to five thousand monthly settlement indicators or corrective works in the same size, or restriction of freedom for a period of up to five years, or imprisonment for the same term.";

Paragraph two of Article 455 to state 28) in the following edition:

"are punished by imprisonment for a period of ten up to twenty years or lifelong imprisonment with deprivation of nationality of the Republic of Kazakhstan or without that, or capital punishment.".

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-І, 15-II, Art. 88; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; 2015, No. 20-VII, Art. 115; No. 21-III, Art. 137; 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, 129; 2017, No. 1-2, of Art. 3; No. 8, Art. 16):

Headings of Articles 105, of 107, of 108, of 164, of Chapter 48, of Articles 414, of 416, of 417, of 418, of 419, of 420, of 421, of 422, of 423, of Chapter 49, of Articles 483, of 661, 672 to state 1) in table of contents in the following edition:

"Article 105. Claim treatment procedure on actions (failure to act) and solutions of the faces performing pre-judicial investigation, the chief of investigative department, the chief of body of inquiry, the prosecutor given persons protecting or represented the rights and the interests";

"Article 107. Appeal, bringing of the petition of the prosecutor on resolutions of the investigative judge

Article 108. Claims, petitions of the prosecutor on sentence, court orders";

"Article 164. Review according to the petition of the prosecutor and appeal of the resolution of the investigative judge on authorization or refusal in authorization of arrest on property";

"Chapter 48. Appeal appeal, review according to the petition of the prosecutor of the judgments which did not take legal effect

Article 414. Right of submission of the appeal (private) claim, bringing of the petition of the prosecutor to sentences, resolutions";

"Article 416. The courts considering appeal (private) claims, petitions of the prosecutor to the sentences which did not take legal effect, resolutions

Article 417. Procedure for submission of the appeal (private) claim, bringing of the petition of the prosecutor

Article 418. Submission due dates of the appeal (private) claim, bringing of the petition of the prosecutor

Article 419. Procedure for recovery of term on submission of the appeal (private) claim, bringing of the petition of the prosecutor

Article 420. Notice on submission of the appeal (private) claim, bringing of the petition of the prosecutor

Article 421. Effects of submission of the appeal (private) claim, bringing of the petition of the prosecutor

Article 422. Appeal, review according to the petition of the prosecutor of the court order of the first instance

Article 423. Appeal (private) claim, petition of the prosecutor

Chapter 49. Hearing of cases according to petitions for appeal, petitions of the prosecutor";

"Article 483. Appeal and review according to the appeal petition of the prosecutor of the judge's ruling";

"Article 661. Appeal and review according to the petition of the prosecutor of the sentences which did not take legal effect and decrees issued by court with participation of jury members";

"Article 672. Appeal, review according to the petition of the prosecutor of the order of confiscation";

Items 4) and 30) of Article 7 to state 2) in the following edition:

"4) appellate instance - the court considering the merits of the case on petitions for appeal and appeal petitions of the prosecutor on the sentences which did not take legal effect, court orders of the first instance;";

"30) protest, the petition of the prosecutor - the act according to public prosecutor's supervision and response of the prosecutor to the judgment on criminal case introduced within its competence and the procedure provided by this Code;";

Part the fourth Article 50 to state 3) in the following edition:

"4. The refusal in recovery of term can be appealed, reviewed according to the petition of the prosecutor in the procedure established by this Code.";

Paragraph one of part two of Article 52 to state 4) in the following edition:

"2. Consideration of criminal cases in appeal procedure is performed jointly as a part of at least three judges of board, and by consideration of claims, petitions of prosecutors to sentences, court orders on the cases considered in the reduced procedure on criminal offenses and crimes of small weight, concerning execution of sentence, the resolution of the investigative judge - the judge solely.";

Part third of Article 55 to state 5) in the following edition:

"3. The resolution of the investigative judge can be appealed, reviewed according to the petition of the prosecutor according to the procedure, stipulated in Article the 107th of this Code.";

Part third of Article 58 to state 6) in the following edition:

"3. In the presence of the bases and according to the procedure, provided by this Code, the prosecutor has the right to accept the resolution cases to the production and to personally make investigation, using at the same time powers of the investigator. Supervision of legality of pre-judicial investigation is exercised by the prosecutor authorized on that.";

Part the second Article 59 to add 7) with Item 10) of the following content:

"10) to consider claims to actions (failure to act) and decisions of the investigator.";

8) the eighth Article 60 to state part in the following edition:

"8. In case of the investigator's disagreement with proceeding decisions, actions (failure to act) of the prosecutor on the investigated case he has the right to appeal them to the higher prosecutor.

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