LAW OF THE REPUBLIC OF KAZAKHSTAN

of May 25, 2020 No. 332-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning mobilization preparation and mobilization

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-І, 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-І, Art. 100; No. 19-II, Art. 106; No. 20-IV, Art. 113; No. 20-VII, Art. 117; No. 21-І, Art. 121, 124; No. 21-II, Art. 130, 132; No. 22-І, Art. 140, 143; No. 22-ІІ, 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-І, 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; No. 20, Art. 96; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 115; 2018, No. 1, Art. 2; No. 7-8, of Art. 22; No. 9, Art. 31; No. 10, Art. 32; No. 12, Art. 39; No. 14, Art. 42; No. 15, Art. 47, 50; No. 16, Art. 55; No. 19, Art. 62; No. 22, Art. 82, 83; No. 24, Art. 93; 2019, No. 1, Art. 4; No. 5-6, of Art. 27; No. 7, Art. 37, 39; No. 8, Art. 45; No. 15-16, of Art. 67; No. 19-20, of Art. 86; No. 23, Art. 99, 106; No. 24-I, Art. 118, 119; The Law of the Republic of Kazakhstan of May 6, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning social security", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 7, 2020):

in Item 1 of Article 53:

the fourth the subitem 2) to state the paragraph in the following edition:

"forming and storage of the state material reserves, except for medicines and medical products of mobilization reserve;";

5) to add the subitem with the paragraph the tenth the following content:

"delivery and storage of medicines and medical products of mobilization reserve;".

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-І, 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-І, 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; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 24, Art. 115; 2018, No. 10, Art. 32; No. 14, Art. 42; No. 15, Art. 47; No. 19, Art. 62; No. 23, Art. 91; No. 24, Art. 93, 94; 2019, No. 7, Art. 36; No. 8, Art. 46; No. 21-22, of Art. 90; No. 23, Art. 106; The Law of the Republic of Kazakhstan of May 4, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning work", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 5, 2020):

Article 62 to add 1) with Item 6-1 of the following content:

"6-1. Sanitary and epidemiologic expertize is carried out for determination of possibility of carrying out utilization of food products expired, being stored in the state material reserve.";

Part the second Item 1 of Article 77 to add 2) with subitem 7-1) of the following content:

"7-1) delivery, storage of medicines and medical products of mobilization reserve and their release according to the procedure of refreshening and razbronirovaniye in case of change of the nomenclature according to the legislation of the Republic of Kazakhstan on civil protection;";

3) in subitems 6) and 9) of Item 1 of Article 88 of the word", products of medical appointment and medical equipment" shall be replaced with words "and medical products".

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; No. 14, Art. 50; No. 16, Art. 56; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 24, Art. 115; 2018, No. 1, Art. 2; No. 14, Art. 44; No. 15, Art. 46; No. 16, Art. 56; No. 23, Art. 88, 91; No. 24, Art. 94; 2019, No. 2, Art. 6; No. 7, Art. 36; No. 8, Art. 45; No. 15-16, of Art. 67; No. 19-20, of Art. 86; No. 23, Art. 108; No. 24-І, Art. 118; No. 24-II, Art. 120; The Law of the Republic of Kazakhstan of May 4, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning work", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 5, 2020):

Table of contents to add 1) with heading of Article 388-1 of the following content:

"Article 388-1. Intentional failure to carry out of mobilization tasks or mobilization orders during mobilization, warlike situation and in wartime";

To add 2) with Article 388-1 of the following content:

"Article 388-1. Intentional failure to carry out of mobilization tasks or mobilization orders during mobilization, warlike situation and in wartime

1. Intentional failure to carry out of mobilization tasks or mobilization orders during mobilization, warlike situation and in the wartime made by the official or person performing managerial functions in commercial or other organization or person equated to persons authorized on accomplishment of the state functions

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.

2. The same act which entailed heavy effects

it is punished by imprisonment for a period of five up to ten years.".

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; No. 14, Art. 50, 53; No. 16, Art. 56; No. 21, Art. 98,102; No. 24, Art. 115; 2018, No. 1, Art. 2; No. 10, Art. 32; No. 16, Art. 53, 56; No. 23, Art. 91; No. 24, Art. 93; 2019, No. 2, Art. 6; No. 7, Art. 36; No. 19-20, of Art. 86; No. 23, Art. 103; No. 24-І, Art. 118, 119; No. 24-II, Art. 120; The Law of the Republic of Kazakhstan of May 4, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning work", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 5, 2020):

part the fifth articles 187 after the words "297 (parts three and the fourth)" to add with figures "388-1,".

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-І, 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-І, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 13; No. 20-VII, Art. 115; No. 21-І, Art. 124, 125; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-І, 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-І, Art. 166, 169; №23-II, Art. 172; 2016, No. 1, Art. 4; No. 2, Art. 9; No. 6, Art. 45; No. 7-І, Art. 49, 50; No. 7-II, Art. 53, 57; No. 8-І, Art. 62, 65; No. 8-II, Art. 66, 67, 68, 70, 72; No. 12, Art. 87; No. 22, St. 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; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 114, 115; 2018, No. 1, Art. 4; No. 7-8, of Art. 22; No. 9, Art. 27; No. 10, Art. 32; No. 11, Art. 36, 37; No. 12, Art. 39; No. 13, Art. 41; No. 14, Art. 44; No. 15, Art. 46, 49, 50; No. 16, Art. 53; No. 19, Art. 62; No. 22, Art. 82; No. 23, Art. 91; No. 24, Art. 93, 94; 2019, No. 1, Art. 2, 4; No. 2, Art. 6; No. 5-6, of St. 27; No. 7, St. 36, 37; No. 8, Art. 45; No. 15-16, of Art. 67; No. 19-20, of Art. 86; Art. No. 21-22, 90, 91; No. 23, Art. 99, 103, 106, 108; No. 24-І, Art. 118; No. 24-II, Art. 120, 122, 123, 127; The Law of the Republic of Kazakhstan of May 4, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning work", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 5, 2020):

Table of contents to add 1) with headings of Articles 643-1 and 686-1 of the following content:

"Article 643-1. Violation of the law of the Republic of Kazakhstan in the field of mobilization preparation";

"Article 686-1. Authorized body in the field of mobilization preparation";

To add 2) with Articles 643-1 and 686-1 of the following content:

"Article 643-1. Violation of the law of the Republic of Kazakhstan in the field of mobilization preparation

1. The violation of the law of the Republic of Kazakhstan in the field of mobilization preparation made in type:

1) lack of mobilization plans in the state bodies, akimats of area, city of republican value, the capital, area (city of regional value) and the organizations having mobilization tasks or mobilization orders;

2) non-executions of actions for creation and preserving insurance fund of technical documentation on products of arms and military equipment, the major civil products, and also the project documentation on objects of the increased risk, the life support systems of the population and objects which are national property;

3) not holding actions for preparation of the special forming and the equipment intended in case of the announcement of mobilization to delivery to Armed Forces of the Republic of Kazakhstan, other troops and military forming, special state bodies of the Republic of Kazakhstan, and also to the organizations executing mobilization orders;

4) not holding actions for creation, accumulating, preserving and updating of inventories of material values of mobilization reserve;

5) not carrying out booking of persons liable for call-up,

attracts the prevention or penalty on officials in the amount of thirty, on small business entities or non-profit organizations - in the amount of forty, on subjects of medium business - in the amount of fifty, on subjects of big business - in the amount of eighty monthly settlement indicators.

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

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

"Article 686-1. Authorized body in the field of mobilization preparation

1. The authorized body in the field of mobilization preparation considers cases on administrative offenses, stipulated in Article 643-1 of this Code.

2. Consider cases on administrative offenses and impose administrative punishments the head of authorized body in the field of mobilization preparation and his deputies has the right.".

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, St. 112; 2016, No. 1, Art. 4; No. 6, Art. 45; No. 7-II, Art. 55; No. 8-І, 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; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 115; 2018, No. 10, Art. 32; No. 11, Art. 37; No. 14, Art. 44; No. 15, Art. 46, 49, 50; No. 19, Art. 62; No. 22, Art. 82, 83; No. 24, Art. 94; 2019, No. 2, Art. 6; No. 5-6, of Art. 27; No. 7, Art. 37, 39; No. 8, Art. 45; No. 15-16, of Art. 67; No. 19-20, of Art. 86; Art. No. 21-22, 90, 91; No. 23, Art. 108; No. 24-І, Art. 118; No. 24-II, Art. 123, 124):

to add Item 5 of Article 129 with subitem 4-2) of the following content:

"4-2) state controls in the field of mobilization preparation and mobilization;".

7. In the Law of the Republic of Kazakhstan of June 16, 1997 "About mobilization preparation and mobilization" (Sheets of Parliament of the Republic of Kazakhstan, 1997, No. 11, Art. 155; 2004, No. 23, Art. 142; 2006, No. 16, Art. 104; 2007, No. 10, Art. 69; 2010, No. 17-18, of Art. 108; 2011, No. 5, Art. 43; No. 11, Art. 102; 2012, No. 4, Art. 32; 2013, No. 14, Art. 72; 2014, No. 1, Art. 4; No. 7, Art. 37; 2015, No. 19-II, Art. 104; 2018, No. 24, Art. 93; 2019, Art. No. 5-6, 27):

The subitem 13) of Article 1 to state 1) in the following edition:

"13) the mobilization plan of the Republic of Kazakhstan - the component of the plan of defense of the Republic of Kazakhstan directed to implementation of measures for mobilization expansion of Armed Forces, other troops and military forming, special state bodies, transfer of economy, state bodies, organizations, administrative and territorial units and the population of the Republic of Kazakhstan on the activities mode during mobilization, warlike situation and wartime by accomplishment of mobilization tasks or mobilization orders, and also other actions for mobilization preparation;";

Article 2 heading after the word "Legislation" to add 2) with words of Republic of Kazakhstan;

3) in Article 4:

in the subitem 7) shall be replaced with words words of "insurance fund of documentation" "insurance fund of technical documentation";

in the subitem 10) shall be replaced with words words of "the state material reserve" "mobilization reserve";

in the subitem 11) to exclude the word "conditions";

4) in Article 5:

exclude subitem 4-1);

in subitem 4-3) the word "orders" shall be replaced with words "mobilization orders";

5) in Article 7:

2) to exclude the subitem;

12) to state the subitem in the following edition:

"12) annually reports on the President of the Republic of Kazakhstan on mobilization readiness of the Republic of Kazakhstan;";

add with subitem 12-1) of the following content:

"12-1) approves rules of determination of mobilization needs of Armed Forces, other troops and military forming, special state bodies from economy industries;";

17) to exclude the subitem;

in the subitem 18) shall be replaced with words words of "insurance fund of documentation" "insurance fund of technical documentation";

24) to state the subitem in the following edition:

"24) approves rules of military transport obligation in the territory of the Republic of Kazakhstan for mobilization, warlike situation and in wartime;";

Article 7-1 to add 6) with subitems 3-1) and 9-1) of the following content:

"3-1) exercises the state control in the field of mobilization preparation and mobilization;";

"9-1) coordinates activities in the field of creation and preserving insurance fund of technical documentation on products of arms and military equipment, the major civil products, and also the project documentation on objects of the increased risk, the life support systems of the population and objects which are national property;";

The subitem 2) of Article 8 to state 7) in the following edition:

"2) make offers in authorized body in the field of mobilization preparation on the amounts of financing of actions for mobilization preparation and mobilization;";

8) to add with Article 8-1 of the following content:

"Article 8-1. Competence of the Ministry of Defence of the Republic of Kazakhstan in mobilization preparation and mobilization

Ministry of Defence of the Republic of Kazakhstan:

1) performs training of Armed Forces, coordinates training of other troops and military forming, territorial troops, voyennoobuchenny reserve, except as specified, provided by the laws of the Republic of Kazakhstan for mobilization, warlike situation and wartime;

2) develops rules of determination of mobilization needs of Armed Forces, other troops and military forming, special state bodies from economy industries;

3) develops rules of military transport obligation in the territory of the Republic of Kazakhstan for mobilization, warlike situation and in wartime;

4) performs other powers provided by this Law, other laws, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.";

9) in Article 9:

in Item 1:

11) after the word to "preparation" to add the subitem with the words "and mobilization";

add with subitem 11-1) of the following content:

"11-1) carry out among the population explanatory work about operations procedure in case of the announcement of mobilization;";

add Item 2 with subitem 9-1) of the following content:

"9-1) carry out among the population explanatory work about operations procedure in case of the announcement of mobilization;";

add Item 3 with subitem 5-1) of the following content:

"5-1) carry out among the population explanatory work about operations procedure in case of the announcement of mobilization;";

Items 1 and 1-1 of Article 13 to state 10) in the following edition:

"1. The organization, coordination and control of holding actions for mobilization preparation in the state bodies and the organizations having mobilization tasks or mobilization orders are assigned to mobilization bodies (divisions) which submit directly to the first head of state bodies and organizations. The structure, the number of staff, powers of mobilization bodies (divisions) are determined proceeding from nature and amount of these tasks or orders.

1-1. The first heads of the state bodies and organizations having mobilization tasks or mobilization orders create to mobilization bodies (divisions) necessary conditions for accomplishment of the assigned obligations by them on mobilization preparation and mobilization.";

To add 11) with Chapter 5-1 of the following content:

"Chapter 5-1. The state control in the field of mobilization preparation and mobilization

Article 19-1. The state control in the field of mobilization preparation and mobilization

1. The state control in the field of mobilization preparation and mobilization (further - the state control) is exercised for the purpose of non-admission of violation of the law of the Republic of Kazakhstan in the field of mobilization preparation and mobilization.

2. Subjects of the state control (further - subjects of control) are:

1) the state bodies of the Republic of Kazakhstan having mobilization tasks, except for Armed Forces, other troops and military forming, and also cases provided by legal acts of the Republic of Kazakhstan;

2) the organizations having mobilization orders.

Article 19-2. Procedure for carrying out the state control

1. The state control carries out authorized body in the field of mobilization preparation in the form of recurring and unscheduled inspections.

2. Recurring inspection is carried out not more often than once in three years according to the schedule of conducting checks approved by authorized body in the field of mobilization preparation.

The authorized body in the field of mobilization preparation develops and no later than December 1 of the year preceding year of check approves the schedule of conducting checks.

The schedule of conducting checks includes:

1) registration number and approval date of the schedule of conducting checks;

2) the name of authorized body in the field of mobilization preparation;

3) name of subjects (objects) of control, their location;

4) check subject;

5) terms of conducting checks;

6) the signature of person, representative to sign the schedule of conducting checks, and seal of authorized body in the field of mobilization preparation.

The schedule of conducting checks is the notification on carrying out recurring inspection.

The schedule of conducting checks goes authorized body in the field of mobilization preparation till February 1 of the corresponding year to subjects of control according to the procedure, established by the legislation of the Republic of Kazakhstan on the state secrets.

Modification and amendments in the schedule of conducting checks is performed in cases of bankruptcy, liquidation, reorganization and change of profile of work of the subject of control.

Subjects of control shall be notified on modification and amendments in the schedule of conducting checks at least in ten working days prior to day of carrying out recurring inspection.

3. Unscheduled inspection is the check appointed by authorized body in the field of mobilization preparation:

1) in the presence of information (results of military-economic doctrines, assessment of mobilization readiness) on the concrete facts and circumstances testimonial of non-execution and (or) improper execution by subjects of control of obligations on accomplishment of actions for mobilization preparation and mobilization;

2) for the purpose of control of execution of the instruction about elimination of the revealed violations.

4. Officials of authorized body in the field of mobilization preparation when conducting check have the right:

1) easy access on the territory and to rooms of subject (object) of control according to check subject in case of production of documents, specified in Item 8 of this Article;

2) to receive documents (data) on paper and electronic media or their copy for attaching to the act of results of check and the instruction about elimination of the revealed violations, and also access to mobilization capacities and material values of mobilization reserve, the automated databases (information systems) according to check subject;

3) to involve specialists, consultants and experts of state bodies, subordinated and other organizations.

5. Subjects of control or their authorized representatives when conducting check have the right:

Not to allow 1) to check of the officials of authorized body in the field of mobilization preparation who arrived for conducting check in cases:

excesses or the expirations of the terms specified in the act of purpose of check which are not corresponding to terms the established this Law;

lack of documents, stipulated in Item the 8th this Article;

the prolongation of review periods over the term established by this Law;

2) to appeal the act of results of check, the instruction of the elimination of the revealed violations according to the procedure established by the legislation of the Republic of Kazakhstan.

6. Subjects of control or their authorized representatives when conducting check shall:

1) to provide easy access of officials of authorized body in the field of mobilization preparation on the territory and to rooms of subject (object) of control;

2) with observance of requirements, stipulated by the legislation the Republic of Kazakhstan about the state secrets and other secrets protected by the law to represent to officials of authorized body in the field of mobilization preparation documents (data) on paper and electronic media or their copy for attaching to the act of results of check and the instruction about elimination of the revealed violations, and also access to mobilization capacities and material values of mobilization reserve, the automated databases (information systems) according to check subject;

3) to make mark about obtaining in the second copy of the act of results of check and the instruction about elimination of the revealed violations in day of the end of check;

4) not to allow modification and amendments of the checked documents (data) during conducting check;

5) to ensure safety of persons which arrived for conducting check from harmful and dangerous production factors of impact according to the standard rates established for this object.

7. It is performed based on the act of purpose of check.

The statement of purpose of check is drawn up in duplicate.

In the act of purpose of check are specified:

1) date and number of logging of accounting of acts of purpose of checks;

2) the name of authorized body in the field of mobilization preparation;

3) surnames, names, middle names (if they are specified in the identity document) and position of persons authorized on conducting check;

4) the information about specialists, consultants and experts of state bodies, subordinated and other organizations attracted to conducting check;

5) name of the subject of control, its location, identification number, list of objects of control.

In case of check of branch and (or) representation of the legal entity in the act of purpose of check its name and the location are specified;

6) check subject;

7) term of conducting check;

8) bases of conducting check;

9) the signature of person, representative to sign acts, and seal of authorized body in the field of mobilization preparation.

The act of purpose of check is registered in register of acts of purpose of checks.

The procedure for maintaining and form of register of acts of purpose of checks affirm authorized body in the field of mobilization preparation.

The act of purpose of check goes authorized body in the field of mobilization preparation to subjects of control according to the procedure, established by the legislation of the Republic of Kazakhstan on the state secrets:

recurring inspection - at least in seven working days prior to its beginning;

unscheduled inspection - at least one day before its beginning.

8. Officials of authorized body in the field of mobilization preparation when checking shall show to the subject of control:

1) the certificate of admission availability to work with the data constituting the state secrets;

2) ID card.

9. The term of conducting check is established taking into account check subject, and also amount of the forthcoming works and shall not exceed seven working days.

The term of conducting check can be prolonged only once no more than for fifteen working days. Prolongation is performed by the decision of the head of authorized body in the field of mobilization preparation.

Prolongation of terms of conducting check is drawn up by the additional act of prolongation of review periods with the notification of the subject of control in which number and registration date of the previous act of purpose of check and the reason of prolongation are specified.

The additional act of prolongation of review periods is registered in register of acts of purpose of checks.

The notification on prolongation of review periods is handed to the subject of control by authorized body in the field of mobilization preparation in one working day prior to prolongation with the assurance of receipt according to the procedure, established by the legislation of the Republic of Kazakhstan on the state secrets.

10. By results of check by the official of authorized body in the field of mobilization preparation performing check are constituted in duplicate:

1) act of results of check;

2) the instruction about elimination of the revealed violations in cases of their identification.

11. In the act of results of check are specified:

1) date, time and place of creation of the act;

2) the name of authorized body in the field of mobilization preparation;

3) number and date of the act of purpose of check based on which it is performed;

4) surnames, names, middle names (if they are specified in the identity document) and position of persons performing;

5) the information about specialists, consultants and experts of state bodies, subordinated and other organizations attracted to conducting check;

6) name of the subject of control, its location, identification number, list of objects of control;

7) period of conducting check;

8) data on results of check, including on the revealed violations and their nature;

9) data on acquaintance or on refusal in acquaintance with the act of results of check of the subject of control, and also the faces which were present when conducting check, their signature or record about refusal of the signature;

10) the signature of the officials performing.

Are attached to the act of results of check in case of their availability the documents connected with results of check, or their copy.

12. In case of identification of violations of the law of the Republic of Kazakhstan in the field of mobilization preparation and mobilization when conducting checks the instruction about elimination of the revealed violations in which are specified is constituted:

1) date, time and the place of creation of the instruction about elimination of the revealed violations;

2) surnames, names, middle names (if they are specified in the identity document) and position of persons performing;

3) name of the subject of control, its location, identification number, list of objects of control;

4) number and date of the act of results of check;

5) the revealed violations and the requirement about their elimination;

6) completion dates of the instruction about elimination of the revealed violations;

7) procedure for appeal of the instruction about elimination of the revealed violations.

The instruction about elimination of the revealed violations is obligatory for execution by subjects of control.

13. One copy of the act of results of check with the instruction about elimination of the revealed violations (in case of their availability), copies of appendices, except for copies of the documents which are available in the original for the subject of control is handed to the subject of control according to the procedure, established by the legislation of the Republic of Kazakhstan on the state secrets, for acquaintance and taking measures to elimination of the revealed violations.

In case of availability of notes and (or) objections by results of check the subject of control states them in writing. Notes and (or) objections are attached to the act of results of check about what the corresponding mark becomes.

The authorized body in the field of mobilization preparation shall consider notes and (or) objections of the subject of control to the act of results of check and the instruction of elimination of the revealed violations and within thirty working days to give the motivated answer.

In case of refusal in adoption of the act of results of check and the instruction about elimination of the revealed violations the protocol which is signed by the officials performing check and the head of the subject of control or its authorized representative is constituted.

The subject of control has the right to refuse signing of the protocol, having offered written explanation about cause of failure.

14. Completion of review period day of delivery to the subject of control of the act of results of check no later than the date of termination of check specified in the act of purpose of check or the additional act of prolongation of review periods is considered.

15. Completion dates of the instruction about elimination of the revealed violations are determined taking into account the circumstances exerting impact on real possibility of its execution, but at least thirty calendar days from the date of delivery of the instruction about elimination of the revealed violations.

In case of determination of completion dates of the instruction about elimination of the revealed violations specified in the instruction are considered:

1) availability at the subject of control of organizational, technical capabilities on elimination of violations;

2) dates of receipt in state bodies of the obligatory conclusions, approvals and other documents established by the laws of the Republic of Kazakhstan;

3) timeliness, completeness of allocation or lack of receipt of budgetary funds for mobilization preparation and the mobilization financed from the government budget in the presence of supporting documents according to the budget legislation of the Republic of Kazakhstan.

16. After the term of the elimination of violations established in the instruction about elimination of the revealed violations, the subject of control during the term established in the instruction shall provide in authorized body in the field of mobilization preparation information on elimination of the revealed violations.

In case of failure to provide information the authorized body in the field of mobilization preparation has the right to appoint unscheduled inspection according to the subitem 2) of Item 3 of this Article.

17. If as a result of conducting check the facts of non-execution and (or) improper execution by the subject of control of obligations on execution of the actions provided by the act of purpose of check, except for circumstances, specified in Item 15 of this Article, the official of authorized body in the field of mobilization preparation according to competence, the stipulated by the legislation Republic of Kazakhstan are elicited takes measures for involvement of the subject of the control which allowed violations to the responsibility established by the laws of the Republic of Kazakhstan.";

Article 22 to state 12) in the following edition:

"Article 22. Responsibility for violation of the legislation of the Republic of Kazakhstan in the field of mobilization preparation and mobilization

Violation of the law of the Republic of Kazakhstan in the field of mobilization preparation and mobilization attracts the responsibility established by the laws of the Republic of Kazakhstan.".

8. In the Law of the Republic of Kazakhstan of March 15, 1999 "About the state secrets" (Sheets of Parliament of the Republic of Kazakhstan, 1999, No. 4, Art. 102; 2001, No. 8, Art. 53; 2002, No. 15, Art. 147; 2004, No. 6, Art. 41; 2007, No. 2, Art. 18; No. 9, Art. 67; No. 20, Art. 152; 2009, No. 24, Art. 122, 128; 2010, No. 3-4, of Art. 11; No. 7, Art. 32; 2011, No. 1, Art. 7; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 8, Art. 63; 2013, No. 14, Art. 72, 75; 2014, No. 1, Art. 4; No. 10, Art. 52; No. 21, Art. 122; 2015, No. 22-І, Art. 141; No. 22-V, Art. 156; 2016, No. 1, Art. 2; No. 24, Art. 126; 2017, No. 24, Art. 115; 2018, No. 19, Art. 62; 2019, No. 24-І, Art. 119):

in the subitem 30) of Article 12 of the word of "insurance fund of documentation" shall be replaced with words "insurance fund of technical documentation".

9. In the Law of the Republic of Kazakhstan of January 7, 2005 "About defense and Armed Forces of the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2005, No. 1-2, of Art. 1; 2007, No. 9, Art. 67; 2008, No. 6-7, of Art. 27; 2010, No. 7, Art. 32; No. 10, Art. 48; 2011, No. 1, Art. 7; No. 5, Art. 43; No. 8, Art. 64; No. 11, Art. 102; 2012, No. 4, Art. 32; No. 5, Art. 41; 2013, No. 14, Art. 75; 2014, No. 7, Art. 37; No. 16, Art. 90; No. 19-І, 19-II, Art. 96; 2015, No. 1, Art. 2; No. 19-II, Art. 104; No. 22-І, Art. 140; 2017, No. 11, Art. 29; No. 13, Art. 45; No. 16, Art. 56; 2018, No. 15, Art. 47; 2019, No. 5-6, of Art. 27; No. 24-І, Art. 119):

1) in the subitem 3) of Item 2 of Article 5 of the word", and also" to exclude the mobilization plan of the state;

The subitem 14) to state 2) to part one of Article 7 in the following edition:

"14) approves rules of military transport obligation in the territory of the Republic of Kazakhstan for mobilization, warlike situation and in wartime;".

10. In the Law of the Republic of Kazakhstan of July 21, 2007 "About safety of food products" (Sheets of Parliament of the Republic of Kazakhstan, 2007, No. 17, Art. 133; 2009, No. 18, Art. 86; 2011, No. 1, Art. 2, 7; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 2, Art. 16; 2013, No. 14, Art. 75; 2014, No. 1, Art. 4; No. 19-І, 19-II, Art. 96; No. 23, Art. 143; 2015, No. 20-IV, Art. 113; No. 22-VII, Art. 161; 2016, No. 8-II, Art. 70; 2018, No. 10, Art. 32; No. 19, Art. 62; 2019, Art. No. 19-20, 86):

4) of item 4 of Article 12 to add the subitem with words ", except for the food products which are stored in the state material reserve and subject to utilization according to the procedure of razbronirovaniye".

11. In the Law of the Republic of Kazakhstan of April 11, 2014 "About civil protection" (Sheets of Parliament of the Republic of Kazakhstan, 2014, No. 7, Art. 36; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 1, Art. 2; No. 15, Art. 78; No. 19-II, Art. 103, 104; No. 20-І, Art. 111; No. 20-IV, Art. 113; No. 23-І, Art. 169; 2016, No. 6, Art. 45; No. 7-II, Art. 53, 56; 2017, No. 11, Art. 29; No. 23-V, Art. 113; 2018, No. 10, Art. 32; No. 19, Art. 62; No. 23, Art. 91; No. 24, Art. 93, 94; 2019, No. 5-6, of Art. 27; No. 21-22, of Art. 90; No. 23, Art. 103):

1) in the subitem 22) of Article 1 of the word of "utilization (destruction)" shall be replaced with words "utilizations or destructions";

2) in Article 11:

23) to state the subitem in the following edition:

"23) approves rules of write-off, destruction, utilization of material values of the state reserve and realization of the utilized goods;";

the subitem 42) to add with words ", transfers on balance of other state bodies, utilizations";

44) to exclude the subitem;

3) in Item 1 of Article 12:

27) to state the subitem in the following edition:

"27) develops plans of civil defense of areas, cities, areas and submits them for approval to the corresponding chiefs of civil defense;";

add with subitem 27-1) of the following content:

"27-1) develops the plan of civil defense of the Republic of Kazakhstan which is component of the plan of defense of the Republic of Kazakhstan and represents it to the Ministry of Defence of the Republic of Kazakhstan;";

4) in Article 12-1:

11) to add the subitem with words ", except for medicines and medical products of mobilization reserve";

the subitem 12) to add with the word", utilizations";

5) in Item 9 of Article 19:

1) to state the subitem in the following edition:

"1) to approve the plan of civil defense of appropriate level, except for the plan of civil defense of the Republic of Kazakhstan;";

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

"1-1) to enact the plan of civil defense of appropriate level in case of the announcement of mobilization, introduction of warlike situation and in wartime;";

6) in Article 89 of the word "authorized body in the field of the state reserve" shall be replaced with words "authorized body in the field of the state material reserve";

7) in Article 92:

in Item 2 of the word of "the state reserve" shall be replaced with words "the state material reserve, except for provisions, stipulated in Item 2 articles 96-1 of this Law";

add with Item 3-1 of the following content:

"3-1. The authorized body in the field of the state material reserve will organize carrying out researches (testing) of the material values delivered and which are stored in the state reserve on compliance to requirements of the legislation of the Republic of Kazakhstan.

Carrying out researches (testing) of food products is performed by the state organizations performing activities in the field of sanitary and epidemiologic wellbeing of the population.

Carrying out researches (testing) of other material values of the state reserve is performed by accredited test laboratories.

Financing of researches (testing) of material values is performed at the expense of budgetary funds.";

add item 4 with words ", except for medicines and medical products of mobilization reserve";

8) in Article 93:

state Item 2 in the following edition:

"2. The subordinated organizations of system of the state reserve, Items of storage of material values of the state reserve and the organization which establishes mobilization orders bear responsibility for high-quality and quantitative safety of the material values of the state reserve transferred to storage.";

add with Item 2-1 of the following content:

"2-1. Criteria to Items of storage of material values of the state reserve are determined by rules of operating by material values of the state reserve.";

state Item 3 in the following edition:

"3. The list of the organizations performing storage of material values of mobilization reserve, the name and amount of storage of these values are determined by the nomenclature and amounts of storage of material values of the state reserve.";

in Item 6 of the word "authorized body in the field of the state reserve" shall be replaced with words "authorized body in the field of the state material reserve";

9) in Article 94:

in Item 7 of the word "authorized body in the field of the state reserve" shall be replaced with words "authorized body in the field of the state material reserve";

in Item 10 of the word of "authorized body in the field of the state reserve" shall be replaced with words "authorized body in the field of the state material reserve";

add with Items 10-1 and 10-2 of the following content:

"10-1. Items of storage of material values of the state reserve perform refreshening of material values of the state reserve on contractual basis with the subsequent bookmark in the state reserve of material values according to the nomenclature and amounts of storage of material values of the state reserve.

10-2. Transfer of the material values of the state reserve which are subject to refreshening and razbronirovanny material values in case of change of the nomenclature on balance of other state bodies is performed on a grant basis according to the decision of authorized body on management of state-owned property in coordination with state bodies - receivers and authorized body in the field of the state material reserve.

The procedure for transfer of the material values of the state reserve which are subject to refreshening and razbronirovanny material values in case of change of the nomenclature on balance of other state bodies is determined by rules of operating by material values of the state reserve.";

in Item 11 of the word of "utilization (destruction)" shall be replaced with words "utilizations or destructions";

state Item 12 in the following edition:

"12. The means received from realization of material values in case of their release from the state reserve are subject to transfer in the budget within three working days after obtaining by authorized body in the field of the state material reserve of confirmation about complete agreement performance.";

To add 10) with Article 94-1 of the following content:

"Article 94-1. Utilization of material values of the state reserve

1. The decision on utilization of material values of the state reserve is made by authorized body in the field of the state material reserve in coordination with authorized body on management of state-owned property.

2. Utilization of material values of the state reserve is performed at the expense of budgetary funds according to the procedure, established by the legislation of the Republic of Kazakhstan.

3. The utilized goods are subject to realization by authorized body in the field of the state material reserve according to rules of write-off, destruction, utilization of material values of the state reserve and realization of the utilized goods.";

11) in part one of Item 3 of Article 96 of the word "Authorized Body in the field of the State Reserve" shall be replaced with words "Authorized body in the field of the state material reserve";

To add 12) with Article 96-1 of the following content:

"Article 96-1. Features of delivery, storage and release of medicines and medical products of mobilization reserve

1. Provisions of this Law with the features established by this Article are applied to delivery, storage and release of medicines and medical products of mobilization reserve.

2. As the customer on acquisition of delivery services, to storage of medicines and medical products of mobilization reserve and their release according to the procedure of refreshening and razbronirovaniye in cases of change of the nomenclature the authorized body in the field of health care acts.

3. Delivery, storage of medicines and medical products of mobilization reserve and their release according to the procedure of refreshening and razbronirovaniye in cases of change of the nomenclature are performed by the single distributor determined by the Government of the Republic of Kazakhstan.

4. The procedure for delivery, storage and release of medicines and medical products of mobilization reserve is determined by rules of operating by material values of the state reserve.";

Article 99 to state 13) in the following edition:

"Article 99. Accounting of material values of the state reserve

1. Accounting of material values of the state reserve is performed by authorized body in the field of the state material reserve according to the procedure, determined by the Government of the Republic of Kazakhstan.

2. Material values of the state reserve are struck off the register during the carrying out researches (testing) and shortage within rates of natural loss.".

Article 2. This Law becomes effective after ten calendar days after day of its first official publication.

 

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