LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 2017 No. 128-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning information and communications

List of amending documents

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

1. 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, Art. 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; No. 22, Art. 116; No. 23, Art. 119; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 6, Art. 11; No. 9, Art. 18; No. 10, Art. 23; No. 13, Art. 45; No. 14, Art. 51; No. 15, Art. 55; The Law of the Republic of Kazakhstan of November 30, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the budget legislation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 6, 2017):

1) the subitem 17) of Item 1 of article 3 after the words "development of information systems" to add with the words "except for the information systems intended for realization of the tasks aimed at providing activities of the President of the Republic of Kazakhstan, and also information systems of special state bodies";

To exclude 2) in part two of Item 2 of Article 167 of the word "and bonds";

To exclude 3) in Item 3 of Article 169 of the word "and bonds".

2. In the Code of the Republic of Kazakhstan of September 18, 2009 "About health of the people and health care system" (Sheets of Parliament of the Republic of Kazakhstan, 2009, No. 20-21, of Art. 89; 2010, No. 5, Art. 23; No. 7, Art. 32; No. 15, Art. 71; No. 24, Art. 149, 152; 2011, No. 1, Art. 2, 3; No. 2, Art. 21; No. 11, Art. 102; No. 12, Art. 111; No. 17, Art. 136; No. 21, Art. 161; 2012, No. 1, Art. 5; No. 3, Art. 26; No. 4, Art. 32; No. 8, Art. 64; No. 12, Art. 83; No. 14, Art. 92, 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 5-6, of Art. 30; No. 7, Art. 36; No. 9, Art. 51; No. 12, Art. 57; No. 13, Art. 62; No. 14, Art. 72, 75; No. 16, Art. 83; 2014, No. 1, Art. 4; No. 7, Art. 37; No. 10, Art. 52; No. 11, Art. 65; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 1, Art. 2; No. 7, Art. 33; No. 10, Art. 50; No. 19-II, Art. 102; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 22-I, Art. 143; No. 22-V, Art. 156; No. 23-II, Art. 170; 2016, No. 6, Art. 45; No. 8-II, Art. 67, 70; No. 23, Art. 119; 2017, No. 1-2, of Art. 3; No. 4, Art. 7; No. 9, Art. 22; No. 13, Art. 45):

add Article 95 with Item 4-1 of the following content:

"4-1. Transfer on storage of backup copy of electronic information resource on single platform of reserve storage of electronic information resources according to the procedure and terms determined by authorized body in the field of ensuring information security, except as specified when such electronic information resources contain information connected with intelligence, counterintelligence activities and security actions for safety of protected persons and objects which transfer is performed according to the legislation of the Republic of Kazakhstan on the state secrets is not disclosure of medical secret.".

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; No. 23, Art. 118; No. 24, Art. 126; 2017, No. 8, Art. 16; No. 9, Art. 21; No. 14, Art. 50; No. 16, Art. 56):

Paragraph one of part two of Article 205 to state 1) in the following edition:

"2. The same act made concerning crucial objects of information and communication infrastructure -";

Item 1) to state 2) to part two of Article 206 in the following edition:

"1) concerning crucial objects of information and communication infrastructure;";

Item 1) to state 3) to part two of Article 207 in the following edition:

"1) concerning crucial objects of information and communication infrastructure;";

Item 1) to state 4) to part two of Article 208 in the following edition:

"1) concerning crucial objects of information and communication infrastructure;";

Item 3) to state 5) to part two of Article 209 in the following edition:

"3) made for the purpose of receipt of information from crucial objects of information and communication infrastructure, -";

Item 3) to state 6) to part two of Article 210 in the following edition:

"3) concerning crucial objects of information and communication infrastructure, -".

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-I, 15-II, Art. 88; No. 19-I, 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; No. 14, Art. 50, 53; No. 16, Art. 56; The Law of the Republic of Kazakhstan of December 12, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the housing relations", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 14, 2017):

in part one of Article 187 of the word "the state electronic information resources, information systems of state bodies," shall be replaced with words "crucial objects of information and communication infrastructure,".

5. 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, No. 1-2, of Art. 3; No. 9, Art. 17, 18, 21, 22; No. 12, Art. 34; No. 14, Art. 49, 50, 54; No. 15, Art. 55; No. 16, Art. 56):

1) in table of contents:

add with heading of Article 692-2 of the following content:

"Article 692-2. Authorized body in the field of ensuring information security";

to exclude heading of Article 903;

Article 451 to add 2) with parts four and heel of the following content:

"4. Distribution with violation of requirements of the legislation of the Republic of Kazakhstan in mass media or on networks of telecommunications of personal and biometric data, other information allowing to identify the personality of minor, injured illegal actions (failure to act), and also the suspect and (or) the administrative and (or) criminal offense accused of making, except for the minors found by court guilty of making of heavy or especially serious crimes including information on their parents and other legal representatives

attracts penalty on physical persons in the amount of five, on officials, small business entities or non-profit organizations - in the amount of twenty five, on subjects of medium business - in the amount of fifty, on subjects of big business - in the amount of hundred monthly settlement indicators.

5. The action provided by part four of this Article committed repeatedly within year after imposing of administrative punishment,

attracts penalty on physical and officials, small business entities or non-profit organizations - in the amount of fifty, on subjects of medium business - in the amount of hundred, on subjects of big business - in the amount of two hundred monthly settlement indicators.";

Paragraph two of part six of Article 452 to state 3) in the following edition:

"attracts penalty on officials in the amount of hundred, on legal entities - in the amount of two hundred monthly settlement indicators.";

4) in Article 454:

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

"attracts the prevention.";

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

"attract penalty in the amount of twenty monthly settlement indicators.";

5) in the paragraph the second part four of Article 455 of the word", with suspension of release (broadcast) of mass media for a period of up to three months" to exclude;

6) in Article 456:

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

"attract the prevention.";

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

"attract penalty in the amount of twenty monthly settlement indicators.";

7) in Article 637:

in part one:

subitems 6), 9-1) and 9-2) to exclude;

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

"attract penalty on physical persons in the amount of ten, on officials, individual entrepreneurs - in the amount of forty, on small business entities or non-profit organizations - in the amount of thirty, on subjects of medium business - in the amount of sixty, on subjects of big business - in the amount of hundred monthly settlement indicators.";

To add Article 641 with parts five and the sixth the following content:

"5. Not notification the owner or the owner of crucial objects of information and communication infrastructure of the National coordination center of information security about incidents of information security and about results of response to them according to the procedure and terms which are determined by rules of carrying out monitoring of ensuring information security of objects of informatization of "the electronic government" and crucial objects of information and communication infrastructure if other is not established by legal acts of the Republic of Kazakhstan,

attracts penalty on physical and officials in the amount of twenty, on small business entities - in the amount of forty, on subjects of medium business - in the amount of sixty, on subjects of big business - in the amount of hundred monthly settlement indicators.

6. The act provided by part five of this Article committed repeatedly within year after imposing of administrative punishment,

attracts penalty on physical and officials in the amount of forty, on small business entities - in the amount of eighty, on subjects of medium business - in the amount of hundred twenty, on subjects of big business - in the amount of two hundred monthly settlement indicators.";

9) in Article 684 part one:

after figures "451" to add with words "(parts one, second and third)";

shall be replaced with words the words "452 (parts three, the fourth and sixth)" "452 (parts three and the fourth)";

words "454 (part two), 455 (part four)," to exclude 456,;

10) in part one of article 692 of figure "641" shall be replaced with words "641 (subitems 1), 2), 4) and 5) parts one, parts three and the fourth)";

11) in Article 692-1:

state part one in the following edition:

"1. The authorized body in the field of information considers cases on the administrative offenses provided by Articles 451 (parts four and heel), 452 (parts one, the second, the fifth, the sixth, the seventh, the eighth, ninth and tenth), 454, the 455 and 456 of this Code.";

2) parts two to exclude the subitem;

To add 12) with Article 692-2 of the following content:

"Article 692-2. Authorized body in the field of ensuring information security

1. The authorized body in the field of ensuring information security considers cases on administrative offenses, stipulated in Article 641 (subitems 2), 3), 6) of part one, parts two, the third, fifth and sixth) of this Code.

2. Consider cases on administrative offenses and impose administrative punishments has the right:

1) the head of authorized body in the field of ensuring information security and his deputies;

2) the head of department of authorized body in the field of ensuring information security and his deputies.";

13) in Article 804 part one:

in the subitem 23) to exclude the words "and bonds";

add with subitem 23-1) of the following content:

"23-1) authorized bodies in the field of ensuring information security (Article 462, 463);";

in the subitem 50) of the word "454 (part two), 455 (part four)" to exclude;

62) to state the subitem in the following edition:

"62) authorized body in the field of information (Article 451 (part one, second and third), 452 (parts three and the fourth);";

Part the fourth Article 900 to exclude 14);

Article 903 to exclude 15).

6. In the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (The sheet of Parliament of the Republic of Kazakhstan, 2015, No. 20-II, 20-III, Art. 112; 2016, No. 1, Art. 4; No. 6, Art. 45; No. 7-II, Art. 55; No. 8-I, Art. 62, 65; No. 8-II, Art. 72; No. 12, Art. 87; No. 23, Art. 118; No. 24, Art. 124, 126; 2017, No. 9, Art. 21; No. 14, Art. 50, 51):

1) in Article 28:

add Item 8 with words ", or other cases established by this Code";

add with Item 10-1 of the following content:

"10-1. The subject of entrepreneurship owning on the property right or other legal cause crucial object of information and communication infrastructure gives backup copy of electronic information resource to single platform of reserve storage of electronic information resources according to the procedure, determined by the legislation of the Republic of Kazakhstan, taking into account requirements of the legislation of the Republic of Kazakhstan about homeland security.";

Article 120 to add 2) with Items 1-1, 1-2, 1-3, 1-4, 1-5, 1-6 and 1-7 of the following content:

"1-1. The antimonopoly authority carries out expertize of goods prices, works, services made and realized by the subject of the state monopoly according to rules of pricing on the goods, works, services made and realized by the subject of the state monopoly.

1-2. For conducting examination of the prices subjects of the state monopoly shall provide in writing:

1) information on selling prices with appendix of the proving materials confirming price level no later than thirty calendar days from the date of introduction of the state monopoly for goods, works, services;

2) the notification at least in thirty calendar days about the forthcoming change (increase and (or) decrease) of goods prices, works, services and the reasons of their change (increase and (or) decrease) with provision of the proving materials confirming the change reasons (increases and (or) decrease).

1-3. The term of conducting examination constitutes no more than ninety calendar days from the moment of receipt to consideration of the notification or information. Aggregate term of conducting examination shall not exceed hundred twenty calendar days.

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