LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 6, 2024 No. 71-VIII ZRK

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

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 subitem 1) to state 1) to part six of Item 1 of Article 33 in the following edition:

"1) by transfer to pledge, and also in case of realization of subject of pledge or its transition to the pawnbroker - to bank of the second level in case of non-execution or improper execution by the pledger (debtor) of the obligations by methods, stipulated by the legislation the Republic of Kazakhstan, including in case of realization of subject of pledge by the pledger for the purpose of execution of the obligation provided with pledge, in case of the subsequent realization by the pawnbroker - bank of the second level of the pledge subject which passed to it on account of satisfaction of its requirements, by transfer to the creditor, including mortgage, on account of satisfaction of its requirements or realization of the right of temporary paid land use (lease) during insolvency proceedings or rehabilitation according to the procedure, stipulated by the legislation the Republic of Kazakhstan about rehabilitation and bankruptcy, and also as contribution to the authorized capital of economic partnership, in payment of shares of joint-stock company or as fee in production cooperative;";

Part one of Item 8 of Article 44 to add 2) with words ", lands for placement and servicing of fish-breeding farms";

3) in Item 1 of Article 48:

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

"To 5-3) physical persons and legal entity for placement of fish-breeding objects and communications on their servicing on the parcels of land adjacent to the fixed fishery reservoir and (or) the site, for the purpose of maintaining fishery without capital construction;";

exclude subitem 14-1);

Shall be replaced with words 4) in Item 1 of Article 49-2 of the word "for use" "for maintaining fishery, use";

5) subitem 5) Item 1 of Article 64:

after words" (structures, constructions)" to add with words ", to make expansion or reconstruction of buildings (structures, constructions)";

add with words "before the termination of the appropriate rights to the parcel of land, including the termination of the appropriate rights according to Chapter 6 of the Law of the Republic of Kazakhstan "About state-owned property";

6) in Item 3 of Article 97:

part the second:

after words of "agricultural industry" to add with words ", including aquaculture";

after words of "distant-pasture livestock production" to add with words ", and also aquaculture objects";

third after words of "agricultural industry" to add part with words ", including aquaculture";

7) in Article 98:

in Item 7:

after words of "area", to "area" to add respectively with words "(the cities of regional value)", "(to the city of regional value)";

"district bodies of agricultural and water economy" shall be replaced with words words "district body of agricultural industry (body of agricultural industry of the city of regional value)";

in Item 8:

in paragraph one:

after the word of "area" to add with words "(the cities of regional value)";

"the bodies listed" shall be replaced with words words "the body specified";

to add paragraph two after the words "in district executive body" with words "(the cities of regional value)";

word in paragraph three "regional bodies of agricultural and water economy, environmental protection" shall be replaced with words "regional body of agricultural industry and the relevant basin inspectorate for regulation of use and protection of water resources";

in Item 10 of the word "on agricultural industry, environmental protection" shall be replaced with words "in the field of development of agro-industrial complex, use and protection of water fund, water supply, water disposal";

8) in part three of Item 1 of Article 127 "other" to exclude the word;

Item 3 of Article 145 to state 9) in the following edition:

"3. The state control of use and protection of lands is performed in shape:

check and preventive control with visit of subject (object) of control and supervision according to the Entrepreneurial code of the Republic of Kazakhstan;

preventive control without visit of subject (object) of control and supervision according to this Code and the Entrepreneurial code of the Republic of Kazakhstan.".

2. In the Forest code of the Republic of Kazakhstan of July 8, 2003:

The subitem 7) of Article 3 to exclude 1);

2) in part one of Item 1 of Article 13:

in the subitem 5) "by checks" to exclude words;

in subitem 5-1):

word in paragraph one "by checks" to exclude;

the eleventh after words to "laying of communications" to add the paragraph with words ", power lines, communication lines";

in subitem 18-5) of the word of "cabins of the wood in the territory of the state forest fund" shall be replaced with words "sanitary and other cabins of the wood on sites of the state forest fund, not determined by forest management materials, in case of mitigation of consequences, developed as a result of climatic factors, defeats of the woods by wreckers and diseases";

exclude subitem 18-13);

3) the subitem 2) of Article 14 to add with words "departments of authorized body (further - territorial subdivisions)";

4) in Article 18:

14) to state the subitem in the following edition:

"Creates 14) and approves annual amount of cabins of the wood on the sites of the state forest fund provided on the land ownnership right according to forest management materials.

The annual amount of cabins of the wood affirms forest organization in coordination with territorial subdivision;";

add with the subitem 16) of the following content:

"16) provides to forest users sites under the construction objects on sites of the state forest fund provided on the land ownnership right where forest resources are provided in long-term forest utilization for the improving, recreational, historical and cultural, tourist and sports purposes; needs of hunting economy; collateral forest use.";

5) in Item 7 of Article 19-1:

shall be replaced with words the words "and to legitimate interests" ", to the rights and legitimate interests";

to "orders of bodies of prosecutor's office" shall be replaced with words words to "requirements of the prosecutor";

after words of "state bodies" to add with words ", to control of elimination of the violations which are the bases for application of measures of rapid response";

6) in Article 19-2:

state heading in the following edition:

"Article 19-2. Measures of rapid response and procedure for their application";

add with Item 1-1 of the following content:

"1-1. Within check in the field of protection, protection, uses of forest fund, reproduction of the woods and afforestation with visit of subject (object) of control and supervision can be applied measures of rapid response according to the Entrepreneurial code of the Republic of Kazakhstan and this Code.";

in Item 2 of the word of "the checked subjects" shall be replaced with words "subjects (objects) of control and supervision";

add with Items 4, of 5, of 6, of 7, of 8, of 9, of 10, of 11, of 12, of 13, 14 and 15 following contents:

"4. The bases for application of measures of rapid response and their types are violations of the requirements specified in Item 5 of Article 19-1 of this Code.

5. In case of detection of the violation which is the basis for application of measures of rapid response by the official of department of authorized body, territorial subdivisions on site of making of violation draws up the act of supervision and is handed to the subject of control and supervision according to article 153 of the Entrepreneurial code of the Republic of Kazakhstan.

6. After execution of the act of supervision the official of department of authorized body, territorial subdivisions performs directly application of measure of rapid response.

7. The refusal of receipt of the act of supervision is not the basis for its non-execution.

8. The subject of control and supervision shall eliminate the revealed violations which are the basis for application of measure of rapid response in the terms specified in the act of supervision.

9. In case of not elimination of the revealed violations which are the basis for application of measures of rapid response officials of department of authorized body, territorial subdivisions take measures for involvement of persons who allowed violations to the responsibility established by the laws of the Republic of Kazakhstan.

10. After terms of elimination of violations of the requirements specified in acts of results of check and the instruction of elimination of the revealed violations unscheduled inspection on control of elimination of the revealed violations of the requirements which are the basis for application of measure of rapid response is carried out.

11. The act of supervision is terminated in case of confirmation by territorial subdivision of department of authorized body of elimination of the revealed violations which are the basis for application of measure of rapid response based on the act of results of unscheduled inspection according to Article 19-1 of this Code.

12. Before the expiration of the terms provided by the instruction about elimination of the revealed violations, the subject of control and supervision shall provide information on elimination of the revealed violations with appendix of the materials (if necessary) proving the violation elimination fact.

13. The subject of control and supervision in case of disagreement with the results of check which entailed application of measures of rapid response can make the complaint about recognition of the act of supervision invalid and its cancellation.

The claim is submitted in higher state body according to the procedure, provided by Chapter 29 of the Entrepreneurial code of the Republic of Kazakhstan, or in court according to the procedure, established by the legislation of the Republic of Kazakhstan.

Submission of the claim does not stop execution of the act of supervision.

14. The bases for recognition invalid the act of supervision and its cancellation are:

1) lack of the bases for application of measures of rapid response;

2) application of measures of rapid response for the basis which is not corresponding to this measure;

3) application of authorized body by department, territorial subdivision of measures of rapid response for the questions which are not entering their competence.

15. Information on application of measures of rapid response goes to the state body performing within the competence activities in the field of the state legal statistics and special accounting, according to the procedure, determined by the Prosecutor General's Office of the Republic of Kazakhstan.";

7) in Article 21:

in Item 1:

in the subitem 1):

words "check of all types" shall be replaced with words "the state control of all types";

exclude the word "control";

third subitem 3-2) to state the paragraph in the following edition:

"according to the procedure and on the bases which are provided by the laws of the Republic of Kazakhstan on withdrawal of the got forest resources, automobiles, tools of their getting for temporary storage;";

7) to state the subitem in the following edition:

"7) according to the procedure and on the bases which are provided by the laws of the Republic of Kazakhstan, to withdraw illegally the got forest resources, vehicles and other objects which were tools of making of offense to ensure their safety.";

9) of Item 2 after words to "laying of communications" to add the subitem with words ", power lines, communication lines";

To add Article 24 with subitem 4-1) of the following content:

"4-1) on maintaining fishery according to the procedure, established by the legislation of the Republic of Kazakhstan;";

9) in Article 27:

in the subitem 3):

words "to authorized body the materials necessary" shall be replaced with words "information necessary";

after words of "the forest inventory" to add with words ", the state monitoring of the woods";

5) to exclude the subitem;

10) in Article 31:

Item 1-1:

after words of "needs of hunting economy" to add with words ", and also for maintaining fishery, including on the water objects which are on sites of the state forest fund";

after the words "maintaining hunting economy" to add with the words "and fishery";

3) of Item 1-2 to add the subitem with words ", and also for maintaining fishery, including on the water objects which are on sites of the state forest fund";

state Item 2 in the following edition:

"2. Forest resources on sites of the state forest fund are provided in long-term forest utilization for a period of 10 up to 49 years to the forest users having means, production capacities for implementation of forest utilization and specialists of the corresponding qualification for the following purposes:

cabins of the main use (wood procurement) - from 10 to 15 years;

improving, recreational, historical and cultural, tourist and sports - from 10 to 49 years;

collateral forest utilization, procurement of gallipot and wood juice - from 10 to 15 years;

needs of hunting economy - from 10 to 49 years;

the research purposes - from 10 to 49 years;

cultivation of landing material of tree and shrubby species and plantatsionny plantings of special purpose - from 10 to 49 years.";

1) of Item 2 of Article 36 of the word "approved by authorized body" shall be replaced with words 11) in the subitem "according to this Code;";

Subitems 4) and 6) of Item 1 of article 40 after the words "more time" to add 12) with the words "within calendar year";

To replace 13) in Item 3 of Article 47 of the word "if necessary it can be established" with the word "is established";

14) in part one of Item 1-1 of Article 51:

4) to state the subitem in the following edition:

"4) construction automobile and railroads of the international, republican, regional and district value, bulk distribution lines;";

add with the subitem 7) of the following content:

"7) construction and functioning of the water management constructions having special strategic importance in the absence of other options of their possible placement.";

15) in Item 1 of Article 54:

after the words "laying of communications" to add with words ", power lines, communication lines";

"authorized body" shall be replaced with words words "territorial subdivision";

The subitem 5) of Item 1 of Article 88 to add 16) with words ", and also for maintaining fishery, including on the water objects which are on sites of the state forest fund";

17) in Article 93:

in Item 2 of the word "only on permission of authorized body" shall be replaced with words "according to the procedure, determined according to this Code";

in Item 3:

in part one:

shall be replaced with words words of "regional natural parks" "natural parks";

after words of "regional natural wildlife reserves" to add with words ", the state natural wildlife areas";

in part two of the word "with the permission of authorized body in case of the positive conclusion of the state environmental assessment" shall be replaced with words "according to the procedure, determined according to this Code";

"Authorized body" shall be replaced with words 18) in Items 2 and 3 of Article 94 of the word "according to the procedure, determined according to this Code";

"Authorized body" shall be replaced with words 19) in Item 2 of Article 95 of the word "according to the procedure, determined according to this Code";

20) Items 1, 2, 3 and 4 Articles 102-2 after words "needs of hunting economy;" to add with words "maintaining fishery;".

3. In the Water code of the Republic of Kazakhstan of July 9, 2003:

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

"3-3) fish-breeding objects - non-capital constructions (mobile complex, structures of container execution taken under one roof or separate) intended for finding of technicians and oborudovaniye for incubation of caviar and podrashchivaniye of fish stock for stocking, protection of fish-breeding economy, storage of forages for fishes, trade and not trade types of tools, and also cages;";

Item 4 of article 48 after words of "preventive control" to add 2) with the words "with visit of subject (object) of the state control and supervision";

The subitem 2) of Item 1 of article 125 after words of "trade fishery" to add 3) with words ", the fish-breeding objects connected with placement and servicing of fish-breeding farms and communications to them".

4. In the Budget code of the Republic of Kazakhstan of December 4, 2008:

in Item 1 of Article 209 of the word of "financing of construction of housing" shall be replaced with words "financings of construction and (or) acquisition, the redemption of housing and (or) apartments in objects of equity in housing construction, and also for financing of construction and reconstruction of sewer treatment facilities".

5. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014:

Parts the fifth and sixth Article 98 to exclude 1);

Article 202 to exclude 2);

3) in paragraph one of part 2-1 of Article 281 of the word", on tobacco products in declarations" shall be replaced with words "in declarations";

4) in Article 283-1:

in heading and paragraph one of part three of the word "tobacco products" to exclude;

in part five and the paragraph the second part six of the word of "tobacco products" to exclude;

733 figures "202," to exclude 5) in Article part one;

The subitem 9) parts one of Article 741 to add 6) with words ", and also the Entrepreneurial code of the Republic of Kazakhstan".

6. In the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015:

Article 19 after words of "international treaties of the Republic of Kazakhstan" to add 1) with words ", drafts of legal acts in the field of system of state planning";

To "form of the electronic reference" shall be replaced with words 2) in Item 3 of Article 25 of the word to "electronic form";

The subitem 1) of Item 3 of Article 61 after words of "legal acts" to add 3) with words ", drafts of legal acts in the field of system of state planning";

4) in Article 64:

the fourth Item 1 and Item 6 after words of "legal acts" to add the paragraph with words ", drafts of legal acts in the field of system of state planning";

in Item 7:

to add part one after words of "legal act" with words ", drafts of legal acts in the field of system of state planning";

the offer first of part two to exclude;

add with part four of the following content:

"If one of members of advisory council requires holding meeting of advisory council, holding such meeting is obligatory. Results of meeting of advisory council can be sent for consideration of the interdepartmental commission on questions of regulation of business activity according to the procedure, determined by standard regulations on advisory councils.";

5) in the subitem 1) Article 79-3:

in paragraph six to replace the word of "twelve" with the word of "sixty";

add with the paragraph the seventh the following content:

"the persons serving sentence in organizations of criminal and executive (penitentiary) system and staying on the registry in service of probation;";

Shall be replaced with words 6) in part three of Item 1 of Article 79-4 of the word "February 1" "on March 1";

Item 4 of Article 80 to state 7) in the following edition:

"4. Action of this Chapter does not extend to state regulation of entrepreneurship in the field of the financial, tax and customs legislation of the Republic of Kazakhstan, activities of the financial organizations, branches of banks - nonresidents of the Republic of Kazakhstan, branches of the insurance (reinsurance) organizations - nonresidents of the Republic of Kazakhstan, branches of insurance brokers - the nonresidents of the Republic of Kazakhstan and persons which are part of insurance groups and banking conglomerates on projects of regulatory legal acts of National Bank of the Republic of Kazakhstan and authorized body on regulation, control and supervision of the financial market and the financial organizations, and also on the international agreements ratified by the Republic of Kazakhstan and on the regulatory tools and (or) requirements of international treaties implemented or planned to implementirovaniye in the legislation of the Republic of Kazakhstan.";

8) in Article 81-1:

"acting" to add Item 3 part one after the word with words of "regulatory tools, requirements and (or) regulatory acts";

in item 4:

words of "the operating regulatory tools and (or) requirements" shall be replaced with words "the operating regulatory tools and (or) requirements, and also the existing regulatory acts";

words "rules of carrying out and use of the analysis of regulatory impact of regulatory tools and (or) requirements" shall be replaced with words "rules of carrying out and use of the analysis of regulatory impact";

9) in Article 82:

in part one of Item 2 of the word "rules of carrying out and use of the analysis of regulatory impact of regulatory tools and (or) requirements" shall be replaced with words "rules of carrying out and use of the analysis of regulatory impact";

in the subitem 4) shall be replaced with words parts two of Item 3 of the word of "the special currency mode" "measures for protection of paying balance";

Item 2 of Article 83 to state 10) in the following edition:

"2. The analysis of regulatory impact is carried out before introduction of the regulatory tool and (or) the requirement, regulation toughening, and also under the existing regulatory acts.

The analysis of the existing regulatory acts is performed according to the terms established in the register of mandatory requirements in the field of entrepreneurship.

Information on non-execution of provisions of Article 83-1 of this Code by state bodies regarding review of the existing regulatory acts is submitted for consideration of the interdepartmental commission on questions of regulation of business activity.";

11) in Article 83-1:

1, of 2, 3 and 4 to state Items in the following edition:

"1. The register of mandatory requirements in the field of entrepreneurship (further - the register of requirements) is understood as the public database of regulatory acts by types of business activity on the general qualifier of types of economic activity.

Regulatory acts for the purposes of this Article are understood as the operating regulatory legal acts, and also other documents containing according to the legislation of the Republic of Kazakhstan the requirements obligatory for execution by subjects of entrepreneurship.

If the regulatory act contains requirements to different types of business activity, obligatory for execution, such act is subject to inclusion in the register of requirements for each type of activity.

Provisions of part three of this Item do not extend to regulatory acts under which rules of maintaining the register of mandatory requirements in the field of entrepreneurship provide other procedure for inclusion.

The register of requirements solves the following problems:

1) ensuring compliance of requirements to the conditions of their forming provided by this Code and to the principles of interaction of subjects of entrepreneurship and the state;

2) ensuring knowledge of subjects of entrepreneurship of the exhaustive list of the requirements obligatory for implementation of activities by them.

2. The register of requirements joins the regulatory acts containing the requirements obligatory for execution by subjects of entrepreneurship when implementing of activities by them according to the general qualifier of types of economic activity, except for international treaties of the Republic of Kazakhstan.

The register of requirements joins regulatory acts for the subsequent carrying out their analysis regarding assessment of their efficiency, including achievement of stated purposes of state regulation and compliance to conditions of forming of the mandatory requirements provided by this Code and to the principles of interaction of subjects of entrepreneurship and the state.

3. Regulatory acts join in the register of requirements for the representation of the regulatory state agencies applying them in case of regulation of the corresponding types of business activity, given to authorized body on entrepreneurship according to rules of maintaining the register of mandatory requirements in the field of entrepreneurship.

In representation regulatory state agencies determine in coordination with authorized body by entrepreneurship terms of carrying out the subsequent analysis of regulatory acts.

4. The analysis of regulatory acts is performed according to rules of carrying out and use of the analysis of regulatory impact.";

in part three of Item 6 of the word "can not be the basis" shall be replaced with words "is the exception basis";

12) in the subitem 7) Item 2 of Article 85 of the word of "the rule of carrying out and use of the analysis of regulatory impact of regulatory tools and (or) requirements" shall be replaced with words "rules of carrying out and use of the analysis of regulatory impact";

To add 13) with Articles 85-1 and 85-2 of the following content:

"Article 85-1. The state control in the field of support and protection of subjects of entrepreneurship

1. The state control in the field of support and protection of subjects of entrepreneurship is performed for the purpose of law enforcement and efficiency of state regulation of entrepreneurship.

2. The state control in the field of protection of subjects of entrepreneurship is exercised according to Article 85-2 of this Code authorized body on entrepreneurship concerning the state bodies performing:

the state control and supervision in fields of activity of the subjects of entrepreneurship provided by Articles 138 and 139 of this Code regarding observance of procedure of the state control and supervision in fields of activity of subjects of entrepreneurship;

issue of permissions, acceptance of the notification on the beginning or the termination of implementation of activities or action according to the Law of the Republic of Kazakhstan "About permissions and notifications" regarding observance of procedure for issue of permissions, acceptance of the notification on the beginning or the termination of implementation of activities or action according to requirements of the Law of the Republic of Kazakhstan "About permissions and notifications";

inclusion in the register of requirements of the regulatory acts containing the requirements obligatory for execution by subjects of entrepreneurship.

3. The state control in the field of support of subjects of private entrepreneurship is exercised by authorized body on entrepreneurship regarding observance of requirements when rendering the state support to subjects of private entrepreneurship.

Concerning the organizations performing the state support to subjects of private entrepreneurship unscheduled inspections according to requirements of Chapter 13 of this Code are carried out.

4. Requirements of this Article do not extend to the bodies of homeland security of the Republic of Kazakhstan, authorized body on regulation, control and supervision of the financial market and the financial organizations, National Bank of the Republic of Kazakhstan and organization entering into its structure and legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank of the Republic of Kazakhstan or are in its trust management.

Article 85-2. Procedure of the state control in the field of protection of subjects of entrepreneurship

1. The state control in the field of protection of subjects of entrepreneurship is exercised in the form of recurring, unscheduled inspections and remote control according to this Article.

2. Recurring inspection is carried out based on semi-annual plans of carrying out the recurring inspections approved by the first head of authorized body on entrepreneurship no later than December 10 of the year preceding year of check and till June 10 of the current calendar year.

The semi-annual plan of carrying out recurring inspections includes:

1) number and approval date of the plan;

2) name of state body;

3) the name of the checked state body, its location;

4) check subject;

5) terms of conducting check;

6) the signature of person, representative to sign the plan.

The semi-annual plan of carrying out recurring inspections is the notification on carrying out recurring inspection and is placed on Internet resource of authorized body on entrepreneurship no later than December 20 of the year preceding year of check, and on June 20 the current calendar year.

Modification and amendments in the semi-annual plan of carrying out recurring inspections is performed in cases of liquidation, reorganization of the checked state body, change of its name, redistribution of powers between state bodies, and also emergence of emergency situation of natural, technogenic and social nature, introduction of emergency rule, origin or threat of emergence of distribution of epidemic, the centers of quarantine objects and especially dangerous harmful organisms, infectious, parasitic diseases, poisonings, radiation accidents and the related restrictions.

In case of approach of the cases specified in part four of this Item, check can be prolonged or suspended.

Terms of carrying out recurring inspections are established taking into account amount of the forthcoming works, and also objectives and shall not exceed fifteen working days with prolongation for the term of no more than fifteen working days. The term of carrying out recurring inspection is interrupted in case of suspension of carrying out recurring inspection and proceeds from the moment of renewal of recurring inspection.

The term of carrying out recurring inspection can be prolonged only once. Prolongation is performed by the solution of the authorized officer of authorized body on entrepreneurship. Prolongation of term of carrying out recurring inspection is drawn up by the additional act of prolongation of term of recurring inspection with the notification of the checked state body in which date and number of the previous act of purpose of check and the reason of prolongation are specified. The notification on prolongation of term of recurring inspection is handed to the checked state body by authorized body on entrepreneurship in one working day prior to prolongation with the assurance of receipt.

3. It is performed by visit based on the act of purpose of check in which are specified:

1) number and date of the act;

2) name of state body;

3) surname, name, middle name (if it is specified in the identity document) and position of person (persons), representative (representatives) on conducting check;

4) the information about the specialists, consultants and experts involved to conducting check;

5) the name of the checked state body, its location;

6) subject of the appointed check;

7) check type;

8) term of conducting check;

9) bases of conducting check;

10) the checked period;

11) the rights and obligations of the checked state body, stipulated in Item 22 these Articles;

12) the signature of the head of the checked state body or its authorized person about obtaining or about refusal of receipt of the act;

13) the signature of person, representative to sign the act.

Acts of appointment, prolongation, suspension and renewal of checks are signed by the authorized officer of authorized body on entrepreneurship.

The beginning of conducting check date of delivery to state body of the act of purpose of check is considered.

4. For inclusion of state bodies in semi-annual plans of carrying out recurring inspections one of the following sources of information is used:

1) results of monitoring of the reporting and the data represented by state bodies including by means of the automated information systems;

2) results of the previous checks of state bodies;

3) results of remote control;

4) availability of the confirmed addresses;

5) results of implementation of the state control and supervision in case of absence in the laws of the Republic of Kazakhstan of procedure of the state control and supervision according to Articles 129, the 136 and 137 of this Code.

In the analysis and selection of state bodies for forming of semi-annual plans of carrying out recurring inspections data in comparison with the same period of previous year can be used.

5. Check regarding observance of procedure of the state control and supervision in fields of activity of subjects of entrepreneurship is performed concerning the state bodies exercising the state control and supervision in fields of activity of the subjects of entrepreneurship provided by Articles 138 and 139 of this Code:

with the greatest number of checks and preventive control with visit concerning subjects of entrepreneurship with violation;

with the greatest number of checks and preventive control with visit concerning subjects of entrepreneurship without violations;

in case of lack of information system of assessment and risk management in the automatic mode in case of which minimum admissible threshold of amount of subjects (objects) of control and supervision concerning which are performed preventive control with visit of subject (object) of control and supervision and (or) the inspection which is carried out on compliance to qualification or allowing requirements on the issued permissions, requirements for directed notifications according to the Law of the Republic of Kazakhstan "About permissions and notifications" shall not exceed five percent from total quantity of such subjects (objects) of control and supervision in certain sphere of the state control and supervision.

6. Check regarding observance of procedure for issue of permissions, acceptance of the notification on the beginning or the termination of implementation of activities or action according to requirements of the Law of the Republic of Kazakhstan "About permissions and notifications" is carried out concerning the state bodies performing issue of permissions, acceptance of the notification on the beginning or the termination of implementation of activities or action:

with the greatest number of refusals in issue of permissions to subjects of entrepreneurship;

with the greatest number of addresses of subjects of entrepreneurship on state bodies when implementing of issue of permissions by them, acceptance of the notification on the beginning or the termination of implementation of activities or action.

7. Regarding observance of requirements for inclusion in the register of requirements of regulatory acts it is performed concerning state bodies in case of violation of requirements, stipulated in Article 83-1 of this Code.

8. The bases of unscheduled inspection are:

1) control of execution of requirements about elimination of the revealed violations specified in the conclusion about results of check and (or) remote control;

2) addresses of physical persons and legal entities on concrete facts of violations of the requirements in the field of protection of subjects of entrepreneurship identified by the legislation of the Republic of Kazakhstan;

3) requirements of the prosecutor for concrete facts of causing or about threat of damnification of life, health of the person, environment, rights and legitimate interests of physical persons and legal entities, states;

4) appeals of state bodies on concrete facts of violations of the rights and legitimate interests of physical persons and legal entities in the field of protection of subjects of entrepreneurship;

5) the order of criminal prosecution authority on the bases provided by the Code of penal procedure of the Republic of Kazakhstan.

The authorized body on entrepreneurship shall inform the checked state body on the beginning of carrying out unscheduled inspection at least one day before its beginning with indication of subject of conducting check.

9. The term of carrying out unscheduled inspection shall constitute no more than ten working days with prolongation up to ten working days.

The term of carrying out unscheduled inspection can be prolonged only once. Prolongation is performed by the solution of the authorized officer of authorized body on entrepreneurship. Prolongation of term of carrying out unscheduled inspection is drawn up by the additional act of prolongation of term of unscheduled inspection with the notification of the checked state body in which date and number of the previous act of purpose of check and the reason of prolongation are specified. The notification on prolongation of term of unscheduled inspection is handed to the checked state body by authorized body on entrepreneurship in one working day prior to prolongation with the assurance of receipt.

10. Unscheduled inspections are not carried out in cases of anonymous addresses. The facts and circumstances revealed concerning the checked state bodies and which formed the basis for purpose of unscheduled inspection are subject to unscheduled inspection.

11. Remote control is carried out by way:

1) monitoring of activities of the checked state body;

2) request about provision of the necessary information concerning subject of remote control;

3) challenge of the head of the checked state body or its authorized person for the purpose of receipt of the necessary information concerning subject of remote control.

12. Remote control is carried out by monitoring of activities of the checked state bodies performing once a year:

the state control and supervision in fields of activity of the subjects of entrepreneurship provided by Articles 138 and 139 of this Code;

issue of permissions, acceptance of notifications on the beginning or termination of implementation of activities or action;

observance of requirements of forming and maintaining register of requirements.

The term of carrying out remote control shall not exceed ten working days. In day of the end of carrying out remote control to the checked state body the conclusion about results of remote control goes (in the presence of violations).

13. Remote control is carried out without visit if necessary for collection of the sufficient data specifying signs of structure of administrative offense, the authorized body by entrepreneurship sends inquiry for provision of necessary information or the challenge of the head of the checked state body or its authorized person for the purpose of receipt of necessary information is performed.

In case of identification of violations by results of remote control the conclusion about results of remote control in which are specified is constituted:

1) number, date and place of creation of the conclusion;

2) name of state body;

3) the name of the checked state body, its location;

4) basis and subject of carrying out remote control;

5) period and terms of carrying out remote control;

6) the revealed violations and requirements about their elimination with indication of completion date of requirements and taking measures concerning persons which allowed violations.

At the same time completion date of requirements about elimination of the revealed violations constitutes at least ten working days from the date of delivery of the conclusion;

7) the signature of the official who was carrying out remote control.

One copy of the conclusion by results of remote control goes to the checked state body in the form of the registered mail with the assurance of receipt or by means of the electronic document to the e-mail address of the checked state body or other available method. The second copy remains at authorized body on entrepreneurship, the third copy electronically is given in the state body performing within the competence activities in the field of the state legal statistics and special accounting.

In case of availability of notes and (or) objections by results of remote control the checked state body states them in writing and sends to authorized body on entrepreneurship within three working days from the date of delivery of the conclusion by results of remote control.

The authorized body on entrepreneurship shall consider notes and (or) objections of the checked state body and within ten working days to give the motivated answer.

14. By results of check the conclusion about results of check in which are specified is constituted:

1) number, date and place of creation of the conclusion;

2) name of state body;

3) number and date of the act of purpose of check (the additional act of prolongation of term in case of its availability);

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

5) the information about the specialists, consultants and experts involved to conducting check;

6) the name of the checked state body, its location;

7) check subject;

8) check type;

9) term and period of conducting check;

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

11) requirements about elimination of the revealed violations with indication of completion date of requirements and taking measures concerning persons which allowed violations;

12) data on acquaintance or refusal in acquaintance with the conclusion of the head of the checked state body or its authorized person, and also persons which were present when conducting check, their signature or record about refusal of the signature;

13) signatures of the officials performing.

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

Completion date of requirements about elimination of the revealed violations constitutes at least ten working days from the date of delivery of the conclusion about results of check.

15. The first copy of the conclusion about results of check electronically is given in the state body performing within the competence activities in the field of the state legal statistics and special accounting, the second copy on paper under list or is electronically handed to the checked state body (the head or his authorized person) for acquaintance and taking measures to elimination of the revealed violations and other actions, the third copy remains at authorized body on entrepreneurship.

In case of availability of notes and (or) objections by results of check the checked state body states them in writing and sends to authorized body on entrepreneurship within three working days from the date of delivery of the conclusion about results of check. The official performing makes the corresponding entry in the conclusion about results of check.

The authorized body on entrepreneurship shall consider notes and (or) objections of the checked state body and within ten working days to give the motivated answer.

16. In case of lack of violation of the requirements established by the legislation of the Republic of Kazakhstan when conducting check in the conclusion about results of check the corresponding record is made.

17. Completion of review period day of delivery to the checked state body of the conclusion about results of check no later than the date of completion of check specified in the act of purpose of check (the additional act of prolongation of term is considered in case of its availability).

18. The requirements about elimination of the revealed violations specified in the conclusion about results of check or remote control are obligatory for execution by the checked state bodies.

After the term of elimination of the revealed violations specified in the conclusion about results of check or remote control, the checked state body during the term specified in the conclusion about results of check or remote control shall provide in authorized body on entrepreneurship information on elimination of the revealed violations.

In cases of failure to provide or incomplete provision by the checked state body at the scheduled time of information on elimination of the revealed violations specified in the conclusion about results of check or remote control, the authorized body on entrepreneurship appoints unscheduled inspection according to the subitem 1) of part one of Item 8 of this Article.

About elimination of the revealed violations the checked state body applies the materials proving the violation elimination fact to provided information. In this case carrying out unscheduled inspection is not required.

19. Checks or remote control are recognized invalid if they are carried out with violation of requirements for conducting the checks or remote control established by this Article.

20. In case of violation of the rights and legitimate interests of the checked state body when implementing check or remote control the checked state body has the right to appeal decisions, actions (failure to act) of officials of authorized body on entrepreneurship to the higher official or in court according to the procedure, established by the legislation of the Republic of Kazakhstan.

21. Officials of authorized body on entrepreneurship when conducting check or remote control have the right:

1) easy access on the territory and to premises of the checked state body according to check subject with observance of the requirements of the access and inside control established by the checked state body;

2) to receive documents (data) on paper and electronic media or their copy for attaching to the conclusion about results of check or remote control, and also access to the automated databases (information systems) according to subject of check or remote control with observance of requirements of the legislation of the Republic of Kazakhstan on the state secrets and other secret protected by the law;

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

4) to perform audio-, photo and video filming.

Officials of authorized body on entrepreneurship when conducting check or remote control shall:

1) to observe the legislation of the Republic of Kazakhstan, the right and legitimate interests of the checked state body;

2) to perform or remote control on the basis and in strict accordance with the procedure established by this Article;

3) not to interfere with the set working hours of the checked state body during conducting check;

4) not to interfere with the checked state body or its authorized representative to be present when conducting check, to make explanations on the questions relating to subject of check or remote control;

To provide 5) to the checked state body the necessary information relating to subject of check or remote control;

6) to hand to the checked state body the conclusion about results of check or remote control no later than the date of completion of check or remote control specified in the act of purpose of check (the additional act of prolongation of term in case of its availability) or the conclusion about results of remote control (in the presence);

7) to ensure safety of the documents and data received as a result of conducting check or remote control;

8) timely and fully to perform the powers provided according to the laws of the Republic of Kazakhstan according to the prevention, identification and suppression of violations of the requirements established by the legislation of the Republic of Kazakhstan.

The officials of authorized body on entrepreneurship who arrived for conducting check shall show to the checked state body:

1) act of purpose of check;

2) official ID (ID card).

22. The checked state bodies or their authorized representatives when conducting check or remote control have the right:

Not to allow 1) to check of the officials of authorized body on entrepreneurship who arrived for conducting check in cases:

excesses or the expirations specified in the act of purpose of check (the additional act of prolongation of term in case of its availability) the terms which are not corresponding to the terms established by this Article;

lack of the documents provided by part three of Item 21 of this Article;

2) not to submit documents and data if they do not belong to subject performed or remote control;

3) on the violations revealed as a result of check or remote control in case of need of additional time and (or) finance costs no later than three working days to file in authorized body on entrepreneurship petition for prolongation of terms of elimination of violations;

4) to appeal the conclusion about results of check or remote control, and also action (failure to act) of officials of authorized body on entrepreneurship according to the procedure, established by the legislation of the Republic of Kazakhstan;

5) to perform the prohibitions of officials of authorized body based on the law on entrepreneurship limiting activities of the checked state body;

6) to fix process of implementation of check or remote control, and also the separate actions of the official of authorized body on entrepreneurship which are carried out by him within check or remote control by audio-and video equipment, without creating obstacles of activities of the official.

The checked state bodies or their authorized representatives when conducting check or remote control shall:

1) to provide easy access of officials of authorized body on entrepreneurship on the territory and to premises of the checked state body;

2) with observance of requirements of the legislation of the Republic of Kazakhstan on the state secrets, on protection of the commercial, tax or protected by the law other secret to submit to officials of authorized body on entrepreneurship documents (data) on paper and electronic media or their copy for attaching to the conclusion about results of check or remote control, and also access to the automated databases (information systems) according to subject of check or remote control;

3) began to make mark about receipt of the act of purpose of check in day checks and the conclusions about results performed or remote control in day of their completion;

4) not to allow modification and amendments of the checked documents during conducting check or remote control if other is not provided by this Code or other laws of the Republic of Kazakhstan;

5) to provide stay of the head or his authorized person in the location of the checked state body in the appointed review periods.

23. If as a result of conducting check and (or) remote control the violation fact by the checked state body of the requirements established by Chapters 7, of 13, of the 29 and 30 of this Code and other requirements of the legislation of the Republic of Kazakhstan in the presence of the sufficient data specifying signs of structure of administrative offense is elicited, officials of authorized body on entrepreneurship within powers take measures for involvement of persons who allowed violations to the responsibility established by the laws of the Republic of Kazakhstan.

24. Following the results of the state control in the field of protection of subjects of entrepreneurship by authorized body on entrepreneurship for the purpose of law enforcement and efficiency of state regulation of entrepreneurship if necessary recommendations about enhancement of the legislation of the Republic of Kazakhstan in part are developed:

implementation of the state control and supervision in fields of activity of the subjects of entrepreneurship provided by Articles 138 and 139 of this Code;

issues of permissions, acceptance of the notification on the beginning or termination of implementation of activities or action;

regulations of business activity when maintaining the register of requirements.";

2) of Item 2 of Article 86 of the word of "semi-annual schedules of conducting checks" shall be replaced with words 14) in the subitem "schedules of conducting the inspections which are carried out on compliance to qualification or allowing requirements on the issued permissions, requirements for directed notifications according to the Law of the Republic of Kazakhstan "About permissions and notifications" and semi-annual lists of preventive control with visit of subject (object) of control and supervision";

The subitem 1) of Article 90 to exclude 15);

The subitem 12) of Article 90-6 to state 16) in the following edition:

"12) is performed by the analysis and monitoring of activities of conglomerates;";

The subitem 4) of Item 1 of Article 93 to state 17) in the following edition:

"4) non-financial support.";

18) in Article 94:

in Item 1:

4) to state the subitem in the following edition:

"4) issues of the state and investment grants;";

add with subitems 8-1) and 8-2) of the following content:

"8-1) partial guaranteeing financial leasing of subjects of private entrepreneurship;

8-2) partial guaranteeing on bonds of issuers, including the "green" bonds included in the list of the stock exchange performing activities in the territory of the Republic of Kazakhstan and in the official listing of stock exchange of the International financial center "Astana";";

add with Item 3 following of content:

"3. The procedure, forms, the amount of support and other conditions necessary for rendering the state financial and property support to subjects of private entrepreneurship provided affirm as different industries of economy which belong to competences of several industry state bodies the Government of the Republic of Kazakhstan.";

The subitem 2) to state 19) to part three of Item 1 of Article 95 in the following edition:

"2) creation of system of guaranteeing obligations of subjects of private entrepreneurship in case of receipt of the credits, the microcredits, leasing by them in banks of the second level and other legal entities, and also systems of guaranteeing on bonds of issuers, including the "green" bonds included in the list of the stock exchange performing activities in the territory of the Republic of Kazakhstan and the official listing of stock exchange of the International financial center "Astana";";

Article 96 to state 20) in the following edition:

"Article 96. Non-financial support

1. Non-financial support is performed for the purpose of increase in professional level of subjects of the private entrepreneurship and their workers allowing to make competitive goods (works, services) and to raise labor productivity, creations of favorable and competitive entrepreneurial environment, stimulation of development of entrepreneurial initiative and entrepreneurship.

2. Non-financial support of subjects of private entrepreneurship and the population with entrepreneurial initiative is performed at the expense of budgetary funds within the state and other programs directed to support of entrepreneurship, and other sources which are not prohibited by the legislation of the Republic of Kazakhstan, way:

1) organizations of educational seminars trainings and scientific and practical conferences on development of private entrepreneurship;

2) organizations of foreign training;

3) distribution of guidelines manuals, newsletters on practice of implementation of private entrepreneurship, market of new technologies;

4) provisions of explanations, recommendations and other forms of consultations of professional level;

5) rendering the expert practical help from specialists of different spheres for permission of managerial, financial, legal, personnel, technological and other issues, including in mentorship format;

6) assistance to transfer of the advanced foreign technologies;

7) service and information support in case of promotion of domestic goods (works, services) for export;

8) training of specialists for the organization of training of subjects of private entrepreneurship;

9) preparation and distribution of analytical information (reference books, statistical collections, references, information letters, reports, reports and other materials) for use in work as subjects of private entrepreneurship and the population with entrepreneurial initiative;

10) determinations of goods (products) from local and local resources and assistance in their further promotion on internal and (or) the foreign markets;

11) holding actions for promoting of entrepreneurship;

12) rendering assistance in adjustment of cooperation between entrepreneurs, and also interested persons.

3. The authorized body on entrepreneurship for the purpose of implementation of non-financial support on the Internet resource places the following information:

1) about the state and other programs directed to support of subjects of private entrepreneurship and the population with entrepreneurial initiative and their realization;

2) about the number of subjects of private entrepreneurship with classification by types of economic activity;

3) about the organizations forming infrastructure of support of subjects of private entrepreneurship and the population with entrepreneurial initiative, conditions and about procedure for rendering by such organizations of support to subjects of private entrepreneurship and to the population with entrepreneurial initiative;

4) about measures of financial and non-financial support of subjects of private entrepreneurship and the population with entrepreneurial initiative;

5) about results of the carried-out analysis of the entrepreneurial circle, the investment climate and infrastructure of development of private entrepreneurship;

6) about advisory documents of regulatory policy, projects of the regulatory legal acts and legal acts in the field of system of state planning aimed at providing support of development of private entrepreneurship and the population with entrepreneurial initiative;

7) other information, necessary for development of subjects of private entrepreneurship and the population with entrepreneurial initiative, provided by this Code, the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

4. Procedure, forms of the state non-financial support, industry (industries) of economy as which (which) the subjects of private entrepreneurship which are subject to the state non-financial support, legal (legal) person (persons) involved (attracted) to rendering the state non-financial support perform activities and other conditions necessary for rendering the state non-financial support affirm authorized bodies of the corresponding industries in coordination with authorized body on entrepreneurship.

5. The procedure, the forms of support and other conditions necessary for rendering the state non-financial support to subjects of private entrepreneurship provided affirm as different industries of economy which belong to competences of several industry state bodies the Government of the Republic of Kazakhstan.";

21) in Article 97:

in part one:

words of "support of private entrepreneurship" shall be replaced with words "supports of subjects of private entrepreneurship and the population with entrepreneurial initiative";

words of "development of private entrepreneurship" shall be replaced with words "developments of subjects of private entrepreneurship and the population with entrepreneurial initiative";

in part two:

words of "private entrepreneurship" shall be replaced with words "subjects of private entrepreneurship and the population with entrepreneurial initiative";

shall be replaced with words words of "support of entrepreneurship" "servicing of entrepreneurs";

Subitem 2-2) of article 99 after words of "international treaties of the Republic of Kazakhstan" to add 22) with words ", drafts of legal acts in the field of system of state planning";

23) in Article 117:

parts the second, third and fourth Item 1 to exclude;

in Item 2:

shall be replaced with words the words "In case of the Conclusion of Agreements" "In the signed agreement";

add with part two of the following content:

"The procedure for limiting application of the trade allowance is determined by authorized body in the field of regulation of trading activity.";

state Item 3 in the following edition:

"3. Authorized bodies in the field of regulation of trading activity, in the field of development of agro-industrial complex in coordination with authorized body in the field of social protection of the population in case of realization of mechanisms of price stabilization on socially important food products provide support to receivers of the government address public assistance.";

24) in Article 129:

in Item 2 of the word "and 14" shall be replaced with words ", 13, 14 and 16";

8) of item 4 to state the subitem in the following edition:

"8) the state control of observance of rules of transportations of passengers, baggage, cargo baggage and mailings in passenger trains, including in Items of forming of passenger trains;";

the paragraph one and the subitem 2) of Item 9 after the word of "plants" to add with words ", sanitary and quarantine control";

in Item 10 of the word "and supervision" to exclude;

in Item 15:

in parts one and the second "the subitem 11)" shall be replaced with words words "subitems 10) and 11)";

third to exclude part;

add with part four of the following content:

"Control facilities and supervision notify the state body performing within the competence activities in the field of the state legal statistics and special accounting, on results of the carried-out state control, stipulated in Item the 16th this Article, according to the procedure, determined by the Prosecutor General's Office of the Republic of Kazakhstan.";

in Item 17:

in part one of the word "and 14" shall be replaced with words ", 13, 14 and 16";

add with part three of the following content:

"If the laws of the Republic of Kazakhstan do not regulate the state control provided by the subitem 2) of Item 16 of this Article, then in this case the state control is exercised according to the procedure, established by this Chapter.";

add with Item 18-1 of the following content:

"18-1. In case of identification of violations when implementing the state control and supervision within this Article measures of rapid response according to Articles 135, 136 and 153 of this Code can be applied.

On the revealed violations when implementing the state control and supervision according to subitems 3), 4), 5), 6) and 7) of item 4 of this Article measures of rapid response can be applied to the requirements included according to the legislation of the Republic of Kazakhstan in the list of requirements which violation is the basis for data application of measures.";

in part one of Item 19 of the word "and 14th this Article" shall be replaced with words ", 13, 14 and 16 these Articles (except as specified, provided by part three of Item 17 of this Article)";

to add Item 21 after words of "fields of activity" with the words "and in cases of introduction of control purchase and investigation";

25) in Article 136:

in Item 1 of the word "by results of control and supervision" shall be replaced with words "(or) by results of the state control";

in Item 3:

3) to state the subitem to part one in the following edition:

"3) the bases of cancellation of the act of supervision (the instruction, the act, the resolution) in case of elimination of violation (violations), and also recognition of the specified act invalid.";

add with parts two and the fourth the following content:

"At the same time the procedure for execution of the act of supervision is established by Article 153 of this Code.";

"For the purpose of application of measures of rapid response if the legislation of the Republic of Kazakhstan does not provide forming of checking leaf in case of control, the list of requirements is determined by the legislation of the Republic of Kazakhstan.";

add with Item 3-1 of the following content:

"3-1. In case of execution of the act of supervision (the instruction, the act, the resolution) the legislation of the Republic of Kazakhstan establishes the term of its action (if necessary).

Effective period of the act of supervision is established by the legislation of the Republic of Kazakhstan on each specific violation of the requirement revealed during implementation and (or) by results of control.

In case of identification of several violations of the requirements which became the basis for application of measures of rapid response, in the instruction about elimination of the revealed violations of requirements of regulatory legal acts, the act of result of control purchase of products (goods) and (or) investigation the aggregate term of elimination of such violations corresponding to the greatest effective period of measure of rapid response according to the drawn-up act of supervision is specified.";

add item 4 with words ", by execution of the act of supervision (the instruction, the act, the resolution) without appeal to the court";

26) in Item 7 of Article 137:

in word part one of "preventive control or check" to replace with the word of "control";

the second to state part in the following edition:

"The control facility and supervision during monitoring procedure in case of detection of the fact of violation of the requirement which is the basis for application of measure (measures) of rapid response draws up the act of supervision (the instruction, the act, the resolution) of application of measure (measures) of rapid response.";

27) subitems 69), of Article 138 to exclude 86), 107) and 116);

28) in Article 141:

add Item 6 with words ", forms of checking sheets";

in part three of Item 7 of the word "risks taking into account" shall be replaced with words "risks, form of checking sheets taking into account";

third of Item 8 to add part with words ", form of checking sheets";

29) in Article 144:

in part one of Item 1 of the word "item 4 of Article 141" shall be replaced with words "Article 141";

in Item 2:

the second to exclude part;

add with parts five, the sixth and seventh the following content:

"The schedule of conducting checks till December 10 of the year preceding year of conducting checks goes to compliance to requirements for publication on object of information and communication infrastructure of "the electronic government".

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