of July 5, 2006 No. 157-III ZRK
About amnesty in connection with legalization of property
This Law governs the public relations connected with holding exclusively single action by the state on legalization of property by means of release of the citizens and legal entities who legalized property from the responsibility for making of separate crimes, administrative offenses and minor offenses provided by the laws of the Republic of Kazakhstan.
In this Law the following basic concepts are used:
1) legalization of property - the procedure of recognition by the state of the rights to the property removed from legal economic circulation for the purpose of concealment of the income and (or) which is not drawn up according to the legislation of the Republic of Kazakhstan or drawn up on inadequate person;
2) subjects of legalization of property (further - subjects of legalization) - the citizens and legal entities of the Republic of Kazakhstan legalizing property according to the procedure, established by this Law;
3) the commission on carrying out legalization of property (daleekomissiya) - the commission created under local executive bodies and consisting of representatives of state bodies and the organizations, authorized on decision about legalization or about refusal in legalization of the real estate which is in the territory of the Republic of Kazakhstan, the rights to which are not drawn up according to the legislation of the Republic of Kazakhstan;
4) collection for legalization of property - obligatory, irrevocable payment in the budget for carrying out legalization of property established by this Law;
5) inadequate person - person who acted as the owner of the property acquired on the income of the subject of legalization for the purpose of concealment of the gained income.
1. Operation of this Law extends to the subjects of legalization who are legalizing and legalized it the property belonging and received prior to the beginning of legalization term being both in the territory of the Republic of Kazakhstan, and beyond its limits, including drawn up on inadequate person, except for the property specified in article 3 of this Law.
2. Operation of this Law does not extend to persons:
the administrative offenses specified in Articles 118, of 120, of 143, of 154, 155 (part one), 178, of 179, of 182, of 185, of 189, 205-209, 237, of 239, of 253, 357-2 Codes of the Republic of Kazakhstan about administrative offenses brought to the administrative responsibility for making.
The property is not subject to legalization:
received as a result of making of crimes against the personality, the world and safety of mankind, bases of the constitutional system and safety of the state, property, public safety and public order, health of the population and morality, corruption and other crimes against interests of public service and public administration;
the right on which are challenged judicially;
provision of the rights to which is not allowed by the laws of the Republic of Kazakhstan;
including the money received as the credits.
1. The term of legalization of property, including presentation of property to legalization, begins since July 3, 2006 and comes to an end on August 1, 2007.
2. The subjects of legalization which legalized property according to article 11 of this Law shall draw up till November 1, 2007 on it the rights according to the legislation of the Republic of Kazakhstan.
The state bodies and the organizations authorized on document creation on real estate, the rights to which are not drawn up according to the legislation of the Republic of Kazakhstan, shall issue the relevant documents to the subject of legalization no later than two months from the date of its address in time.
1. State bodies and the organizations according to the procedure, established by the legislation of the Republic of Kazakhstan, shall provide confidentiality of information obtained in the course of carrying out legalization of property.
2. It is forbidden to carry out legal proceedings, including on implementation of criminal prosecution or application of measures of administrative punishment, based on information obtained in the course of carrying out legalization of property according to this Law.
1. Payers of collection for legalization of property (further - collection) are subjects of legalization.
2. The citizens of the Republic of Kazakhstan legalizing real estate, the rights to which are not drawn up according to the legislation of the Republic of Kazakhstan and not used in business activity, in case of satisfaction of one of the following conditions, are not payers of collection if:
1) was paid as of January 1, 2006 by tax on legalizuyemy property and the land tax concerning the parcels of land on which the specified property is located, and stay on the registry in tax authorities;
2) are not taxpayers on property and the land tax according to the tax legislation of the Republic of Kazakhstan.
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