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LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 2, 2020 No. 355-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning ensuring availability of the Internet in rural settlements

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

1. 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-I, 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-I, Art. 99, 101; No. 19-II, Art. 103; No. 20-IV, Art. 113; No. 20-VII, Art. 115, 117; No. 21-I, 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-I, 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 3 of Article 25 to add 1) with part two of the following content:

"When leasing the parcel of land and (or) its part for construction of antenna and mast constructions and (or) support for the equipment of cellular or satellite communication change of purpose is not required both for all parcel of land, and for its part.";

Item 1 of Article 44 to add 2) with part two of the following content:

"The purchase of the parcel of land for construction of antenna and mast constructions and (or) support for the equipment of cellular or satellite communication is performed according to Article 44-1 of this Code regardless of category of lands.";

3) Item 7 of Article 52 to add with words ", antenna and mast constructions and (or) support for the equipment of cellular or satellite communication";

4) the offer first of part two of Item 3 of Article 97 to add with words ", except for constructions of antenna and mast constructions and (or) support for the equipment of cellular or satellite communication";

Item 4 of Article 115 to state 5) in the following edition:

"4. The construction of buildings and constructions, and also laying of engineering communications within branch strip along the highway public, except for objects of road service, outdoor (visual) advertizing, posts of police, sanitary and epidemiologic control, customs authorities, border, transport control, veterinary and phytosanitary control posts, antenna and mast constructions and (or) support for the equipment of cellular or satellite communication are prohibited.

In case of works on reconstruction of highways public of the international, republican, regional and district value owners of antenna and mast constructions and (or) support for the equipment of cellular or satellite communication provide their transfer at the expense of own means.";

6) part one of Item 1 of Article 119 to add with words ", the lands allocated for construction of antenna and mast constructions and (or) support for the equipment of cellular or satellite communication".

2. In the Law of the Republic of Kazakhstan of July 16, 2001 "About architectural, town-planning and construction activities in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 17-18, of Art. 243; 2004, No. 23, Art. 142; 2005, No. 6, Art. 10; No. 7-8, of Art. 19; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 15, Art. 95; No. 23, Art. 144; No. 24, Art. 148; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 16, Art. 129; 2008, No. 21, Art. 97; No. 24, Art. 129; 2009, No. 15-16, of Art. 76; No. 18, Art. 84; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2; No. 6, Art. 50; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 3, Art. 21, 27; No. 4, Art. 32; No. 8, Art. 64; No. 14, Art. 92, 95; No. 15, Art. 97; 2013, No. 9, Art. 51; No. 13, Art. 63; No. 14, Art. 72, 75; No. 21-22, of Art. 114; 2014, No. 1, Art. 4, 6; No. 2, Art. 10, 12; No. 7, Art. 37; No. 8, Art. 44; No. 10, Art. 52; No. 14, Art. 86; No. 19-I, 19-II, Art. 96; No. 23, Art. 143; 2015, No. 19-I, Art. 99, 101; No. 19-II, Art. 103; No. 20-IV, Art. 113; No. 21-I, Art. 128; No. 22-V, Art. 156; No. 23-II, Art. 170; 2016, No. 6, Art. 45; No. 7-II, Art. 53; 2017, No. 4, Art. 7; No. 14, Art. 51; No. 22-III, Art. 109; 2018, No. 10, Art. 32; No. 19, Art. 62; No. 22, Art. 82; No. 24, Art. 93; 2019, No. 7, Art. 37, 39; No. 8, Art. 45; No. 19-20, of Art. 86; No. 23, Art. 103, 108; No. 24-I, Art. 119; 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):

to add Item 2 of Article 68 with part three of the following content:

"The construction of antenna and mast constructions and (or) support for the equipment of cellular or satellite communication, including the place for the equipment of cellular or satellite communication, is allowed in the presence of the lease agreement of the parcel of land and (or) its part with the owner of the parcel of land regardless of purpose of the parcel of land.".

3. In the Law of the Republic of Kazakhstan of July 17, 2001 "About highways" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 17-18, of Art. 246; 2004, No. 23, Art. 142; 2006, No. 1, Art. 5; No. 14, Art. 89; No. 24, Art. 148; 2007, No. 16, Art. 129; 2008, No. 15-16, of Art. 64; No. 23, Art. 114; 2009, No. 18, Art. 84; 2010, No. 24, Art. 146; 2011, No. 5, Art. 43; No. 15, Art. 125; 2012, No. 14, Art. 92; No. 23-24, of Art. 125; 2013, No. 9, Art. 51; No. 13, Art. 63; No. 14, Art. 72, 75; No. 21-22, of Art. 115; 2014, No. 1, Art. 4; No. 8, Art. 44; No. 10, Art. 52; No. 12, Art. 82; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 131; No. 23, Art. 143; 2015, No. 19-I, st.100; No. 20-VII, Art. 117; No. 22-VI, st.159; 2017, No. 14, Art. 49; 2018, No. 19, Art. 62; 2019, No. 1, Art. 4; No. 8, Art. 45; Art. No. 21-22, 90):

to state Item 2 of Article 9 in the following edition:

"2. The construction of buildings and constructions, and also laying of engineering communications within branch strip along the highway public, except for objects of road service, outdoor (visual) advertizing, posts of police, sanitary and epidemiologic control, customs authorities, border, transport control, veterinary and phytosanitary control posts, antenna and mast constructions and (or) support for the equipment of cellular or satellite communication are prohibited.

In case of works on reconstruction of highways public of the international, republican, regional and district value owners of antenna and mast constructions and (or) support for the equipment of cellular or satellite communication provide their transfer at the expense of own means.".

4. In the Law of the Republic of Kazakhstan of July 5, 2004 "About communication" (Sheets of Parliament of the Republic of Kazakhstan, 2004, No. 14, Art. 81; 2006, No. 3, Art. 22; No. 15, Art. 95; No. 24, Art. 148; 2007, No. 2, Art. 18; No. 3, Art. 20; No. 19, Art. 148; 2008, No. 20, Art. 89; No. 24, Art. 129; 2009, No. 15-16, of Art. 74; No. 18, Art. 84; No. 24, Art. 121; 2010, No. 5, Art. 23; No. 24, Art. 146, 150; 2011, No. 1, Art. 2; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 3, Art. 25; No. 8, Art. 63, 64; No. 14, Art. 92, 95; No. 15, Art. 97; 2013, No. 12, Art. 57; No. 14, Art. 72, 75; 2014, No. 1, Art. 4; No. 7, Art. 37; No. 8, Art. 44, 49; No. 10, Art. 52; No. 14, Art. 87; No. 19-I, 19-II, Art. 96; No. 23, Art. 143; 2015, No. 20-IV, Art. 113; No. 22-I, Art. 141; No. 22-V, Art. 156; 2016, No. 8-I, Art. 65; No. 8-II, Art. 67; No. 23, Art. 118; No. 24, Art. 124, 126; 2017, No. 23-III, Art. 111; No. 24, Art. 115; 2018, No. 10, Art. 32; No. 19, Art. 62; No. 22, Art. 82; 2019, No. 5-6, of Art. 27; No. 21-22, of Art. 91; No. 24-I, Art. 119):

Item 1 of Article 10 to add 1) with subitem 3-1) of the following content:

"3-1) according to the statement of the operator of cellular or satellite communication in coordination with authorized body provides places with the brought electric utility service for construction by operators of cellular or satellite communication of antenna and mast constructions and (or) support for the equipment of cellular or satellite communication;";

2) of Item 5-1 of Article 12 the word of "organization" shall be replaced with words 2) in the subitem "rendering services".

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

President of the Republic of Kazakhstan

K. Tokayev

 

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