LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 29, 2020 No. 351-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the administrative procedural and procedural legislation of the Republic of Kazakhstan

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

1. In the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994 (The sheet of the Supreme Council of the Republic of Kazakhstan, 1994, No. 23-24 (appendix); 1995, No. 15-16, with t. 109; No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 187; No. 14, Art. 274; No. 19, Art. 370; 1997, No. 1-2, of Art. 8; No. 5, Art. 55; No. 12, Art. 183, 184; Art. No. 13-14, 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; Art. No. 17-18, 224, 225; No. 23, Art. 429; 1999, No. 20, Art. 727, 731; No. 23, Art. 916; 2000, No. 18, Art. 336; No. 22, Art. 408; 2001, No. 1, Art. 7; No. 8, Art. 52; No. 17-18, of Art. 240; No. 24, Art. 338; 2002, No. 2, Art. 17; No. 10, Art. 102; 2003, No. 1-2, of Art. 3; No. 11, Art. 56, 57, 66; No. 15, Art. 139; No. 19-20, of Art. 146; 2004, No. 6, Art. 42; No. 10, Art. 56; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 10, Art. 31; No. 14, Art. 58; No. 23, Art. 104; 2006, No. 1, Art. 4; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 2, Art. 18; No. 3, Art. 20, 21; No. 4, Art. 28; No. 16, Art. 131; No. 18, Art. 143; No. 20, Art. 153; 2008, No. 12, Art. 52; No. 13-14, of Art. 58; No. 21, Art. 97; No. 23, Art. 114, 115; 2009, Art. No. 2-3, 7, 16, 18; No. 8, Art. 44; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 125, 134; 2010, No. 1-2, of Art. 2; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 2, Art. 21, 28; No. 3, Art. 32; No. 4, Art. 37; No. 5, Art. 43; No. 6, Art. 50; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13, 15; No. 6, Art. 43; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 7, Art. 36; No. 10-11, of Art. 56; No. 14, Art. 72; No. 15, Art. 76; 2014, No. 4-5, of Art. 24; No. 10, Art. 52; No. 11, Art. 61, 63; No. 14, Art. 84; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 16, Art. 79; No. 20-І, Art. 110; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-І, Art. 128; No. 22-I, Art. 140, 143; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 70; No. 12, Art. 87; 2017, No. 4, Art. 7; No. 15, Art. 55; No. 22-III, Art. 109; 2018, No. 1, Art. 4; No. 10, Art. 32; No. 13, Art. 41; No. 14, Art. 44; No. 15, Art. 50; 2019, No. 2, Art. 6; No. 7, Art. 37; No. 15-16, of Art. 67; No. 19-20, of Art. 86; No. 23, Art. 103; No. 24-І, Art. 118; The Law of the Republic of Kazakhstan of May 13, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of migratory processes", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 14, 2020):

Part the second Item 5 of Article 42 to state 1) in the following edition:

"Refusal in state registration, and also evasion from such registration can be appealed according to the procedure, established by the laws of the Republic of Kazakhstan.";

2) in Item 3 of Article 44 the word "administrative" shall be replaced with words "productions on cases on administrative offenses";

Item 5 of Article 118 to state 3) in the following edition:

"5. Refusal in state registration of the right to real estate or unreasonable evasion of registration can be appealed according to the procedure, established by the laws of the Republic of Kazakhstan.".

2. In the Land code of the Republic of Kazakhstan of June 20, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 13, Art. 99; 2005, No. 9, Art. 26; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 11, Art. 55; No. 12, Art. 79, 83; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 14, Art. 105; No. 15, Art. 106, 109; No. 16, Art. 129; No. 17, Art. 139; No. 18, Art. 143; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 15-16, of Art. 64; No. 21, Art. 95; No. 23, Art. 114; 2009, No. 2-3, of Art. 18; No. 13-14, of Art. 62; No. 15-16, of Art. 76; No. 17, Art. 79; No. 18, Art. 84, 86; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 6, Art. 49, 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 114; No. 15, Art. 120; 2012, No. 1, Art. 5; No. 2, Art. 9, 11; No. 3, Art. 27; No. 4, Art. 32; No. 5, Art. 35; No. 8, Art. 64; No. 11, Art. 80; No. 14, Art. 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 77, 79, 81; 2014, No. 2, Art. 10; No. 8, Art. 44; No. 11, Art. 63, 64; No. 12, Art. 82; No. 14, Art. 84; No. 19-І, 19-II, Art. 96; No. 21, Art. 118, 122; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 8, Art. 42; No. 11, Art. 57; No. 19-І, Art. 99, 101; No. 19-II, Art. 103; No. 20-IV, Art. 113; No. 20-VII, Art. 115, 117; No. 21-І, Art. 124, 126; No. 22-II, Art. 145; No. 22-VI, Art. 159; 2016, No. 6, Art. 45; No. 7-II, Art. 53, 56; No. 8-II, Art. 72; No. 10, Art. 79; 2017, No. 3, Art. 6; No. 4, Art. 7; No. 12, Art. 34; No. 14, Art. 51, 54; No. 23-V, Art. 113; 2018, No. 9, Art. 27; No. 10, Art. 32; 2019, No. 1, Art. 4; No. 2, Art. 6; No. 7, Art. 37, 39; No. 19-20, of Art. 86; Art. No. 21-22, 90, 91; No. 23, Art. 103, 108; No. 24-І, Art. 119; The Law of the Republic of Kazakhstan of May 13, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of migratory processes", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 14, 2020; The law of the Republic of Kazakhstan of May 29, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning prohibited areas and forbidden areas in case of arsenals, bases and warehouses of Armed Forces, other troops and military forming", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 1, 2020; The Law of the Republic of Kazakhstan of June 9, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning reducing number of operators of housing programmes", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 10, 2020):

Item 4 of Article 67 to state 1) in the following edition:

"4. If the regulatory legal act provides establishment of the servitude on the basis of the act of local executive body, this act can be appealed according to the procedure, established by the laws of the Republic of Kazakhstan, person interested in establishment of the servitude, the owner or the land user.";

Part the second Article 89 to state 2) in the following edition:

"Such decision can be appealed according to the procedure, established by the laws of the Republic of Kazakhstan. Submission of the claim stops execution of the decision on withdrawal.";

Part one of Item 3 of Article 148 to state 3) in the following edition:

"3. Decisions, actions (failure to act) of the officials exercising the state control of use and protection of lands and information which formed the basis for making of actions (decision making) can be appealed according to the procedure, established by the laws of the Republic of Kazakhstan.";

Part one of Article 167 to state 4) in the following edition:

"The disputes following from land legal relationship are considered according to the procedure, established by the laws of the Republic of Kazakhstan.".

3. In the Forest code of the Republic of Kazakhstan of July 8, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 16, Art. 140; 2004, No. 23, Art. 142; 2006, No. 3, Art. 22; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 3, Art. 20; 2008, No. 23, Art. 114; 2009, No. 18, Art. 84; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2, 3; No. 11, Art. 102; 2012, No. 2, Art. 14; No. 3, Art. 27; No. 14, Art. 92, 95; No. 15, Art. 97; 2013, No. 9, Art. 51; No. 14, Art. 75; 2014, No. 7, Art. 37; No. 10, Art. 52; No. 19-І, 19-ІІ, Art. 96; 2015, No. 20-IV, Art. 113; 2016, No. 6, Art. 45; No. 7-II, Art. 56; 2017, No. 3, Art. 6; No. 12, Art. 34; 2018, No. 10, Art. 32; No. 24, Art. 93; 2019, Art. No. 19-20, 86):

to state item 4 of Article 39 in the following edition:

"4. In case of the forest user's disagreement with the decision on restriction or on suspension of the right of forest utilization he has the right this decision to appeal according to the procedure, established by the laws of the Republic of Kazakhstan.".

4. In the Water code of the Republic of Kazakhstan of July 9, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 17, Art. 141; 2004, No. 23, Art. 142; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 15, Art. 95; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 19, Art. 147; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 23, Art. 114; No. 24, Art. 129; 2009, No. 2-3, of Art. 15; No. 15-16, of Art. 76; No. 18, Art. 84; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2, 7; No. 5, Art. 43; No. 6, Art. 50; No. 11, Art. 102; No. 16, Art. 129; 2012, No. 3, Art. 27; No. 14, Art. 92; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 79, 82; No. 16, Art. 83; 2014, No. 1, Art. 4; No. 2, Art. 10; No. 7, Art. 37; No. 10, Art. 52; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 11, Art. 57; No. 19-II, Art. 103; No. 20-IV, Art. 113; 2016, No. 6, Art. 45; No. 7-II, Art. 56; No. 8-II, Art. 72; 2017, No. 3, Art. 6; No. 12, Art. 34; No. 14, Art. 51, 54; No. 23-V, Art. 113; 2018, No. 10, Art. 32; No. 19, Art. 62; No. 24, Art. 93; 2019, No. 8, Art. 45; No. 19-20, of Art. 86; Art. No. 21-22, 91):

to state Item 2 of Article 51 in the following edition:

"2. The decisions made by the officials exercising the state control in the field of use and protection of water fund within their powers are obligatory for execution by all physical persons and legal entities and can be appealed according to the procedure, established by the laws of the Republic of Kazakhstan.".

5. 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; No. 16, Art. 56; 2018, No. 14, Art. 42; 2019, No. 2, Art. 6; No. 7, Art. 36; No. 21-22, of Art. 90; No. 24-II, Art. 120; The law of the Republic of Kazakhstan of May 13, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of migratory processes", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 14, 2020):

Heading of Article 260 to state 1) in table of contents in the following edition:

"Article 260. Procedure for consideration of the application about state registration of change of name, middle name, surname";

Article 7 to state 2) in the following edition:

"Article 7. Protection of the matrimonial (matrimonial and family) rights

Protection of the matrimonial (matrimonial and family) rights is performed according to the procedure, established by this Code and other laws of the Republic of Kazakhstan.";

Item 4 of Article 13 to state 3) in the following edition:

"4. The refusal of registering body in state registration of marriage (matrimony) can be appealed by persons wishing to marry (matrimony), or one of them, and also their legal representatives according to the procedure, established by the laws of the Republic of Kazakhstan.";

Item 5 of Article 112 to state 4) in the following edition:

"5. The application of the authorized representative for accreditation is considered in the terms established by the legislation of the Republic of Kazakhstan on ministerial procedures.";

Item 4 of Article 121 to state 5) in the following edition:

"4. Appointment of a guardian or the custodian it can be appealed by interested persons according to the procedure, established by the laws of the Republic of Kazakhstan.";

Articles 131 and 132 to state 6) in the following edition:

"Article 131. Appeal of actions of guardians or custodians

Actions of guardians or custodians can be appealed in the body performing functions on guardianship or custody, court at the place of residence of the ward for the benefit of the last according to the procedure, established by the laws of the Republic of Kazakhstan.

Article 132. Appeal of decisions of the bodies performing functions on guardianship or custody

Decisions of the bodies performing functions on guardianship or custody for all questions can be appealed by interested persons according to the procedure, established by the laws of the Republic of Kazakhstan.";

Item 4 of Article 183 to state 7) in the following edition:

"4. Modification, amendments and corrections in the available civil registrations is made by registering body in the location of record. The refusal about modification, amendments and corrections in civil registration can be appealed according to the procedure, established by the laws of the Republic of Kazakhstan.";

To state Item 6 of Article 226 in the following edition:

"6. The refusal of registering body in state registration of marriage (matrimony) can be appealed according to the procedure, established by the laws of the Republic of Kazakhstan.";

Article 260 to state 9) in the following edition:

"Article 260. Procedure for consideration of the application about state registration of change of name, middle name, surname

Consideration of the application about change of name, middle name, surname is made by registering body according to the procedure, established by the legislation of the Republic of Kazakhstan on ministerial procedures.".

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