LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 2010 No. 369-IV

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

List of amending documents

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

1. In the Code of the Republic of Kazakhstan about administrative offenses of January 30, 2001 (The sheet of Parliament of the Republic of Kazakhstan, 2001, No. 5-6, of Art. 24; No. 17-18, of Art. 241; No. 21-22, of Art. 281; 2002, No. 4, Art. 33; No. 17, Art. 155; 2003, No. 1-2, of Art. 3; No. 4, Art. 25; No. 5, Art. 30; No. 11, Art. 56, 64, 68; No. 14, Art. 109; No. 15, Art. 122, 139; No. 18, Art. 142; No. 21-22,ст. 160; No. 23, Art. 171; 2004, No. 6, Art. 42; No. 10, Art. 55; No. 15, Art. 86; No. 17, Art. 97; No. 23, Art. 139, 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 7-8, of Art. 19; No. 9, Art. 26; No. 13, Art. 53; No. 14, Art. 58; No. 17-18, of Art. 72; No. 21-22, of the Art. 86,87; No. 23, Art. 104; 2006, No. 1, Art. 5; No. 2, Art. 19, 20; No. 3, Art. 22; No. 5-6,ст. 31; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72, 77; No. 13, Art. 85, 86; No. 15, Art. 92, 95; No. 16, Art. 98, 102; No. 23, Art. 141; 2007, No. 1, Art. 4; No. 2, Art. 16, 18; No. 3, Art. 20, 23; No. 4, Art. 28, 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 12, Art. 88; No. 13, Art. 99; No. 15, Art. 106; No. 16, Art. 131; No. 17, Art. 136, 139, 140; No. 18, Art. 143, 144; No. 19, Art. 146, 147; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 12, Art. 48, 51; Art. No. 13-14, 54, 57,58; No. 15-16, of Art. 62; No. 20, Art. 88; No. 21, Art. 97; No. 23, Art. 114; No. 24, Art. of 126,128, 129; 2009, Art. No. 2-3, 7, 21; Art. No. 9-10, 47, 48; Art. No. 13-14, 62, 63; Art. No. 15-16, 70, 72, 73, 74, 75, 76; No. 17, Art. 79, 80, 82; No. 18, Art. 84, 86; No. 19, Art. 88; No. 23, Art. 97, 115, 117; No. 24, Art. 121, 122, 125, 129, 130, 133,134; 2010, Art. No. 1-2, 1, 4, 5; No. 5, Art. 23; No. 7, Art. 28, 32; No. 8, Art. 41; No. 9, Art. 44; No. 11, Art. 58; No. 13, Art. 67; No. 15, Art. 71; Art. No. 17-18, 112, 114; No. 20-21,ст. 119; The law of the Republic of Kazakhstan of November 15, 2010 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning state regulation of production and turnover of biological fuel", published in the newspapers "Egemen Kazakstan" on November 24, 2010 and "The Kazakhstan truth" on November 23, 2010):

1) in Article 447-1 part one:

the paragraph one after the word "disks" to add with the words "or without use of electronic cards in case of use of electronic (digital) tachographs";

the paragraph one of the subitem 3) to state in the following edition:

"3) long-distance interregional, interdistrict (long-distance intraregional) and raionwide motor transportations of passengers, baggage -";

To add 2) with Article 447-5 of the following content:

"Article 447-5. Absence at drivers of vehicles of the transportation agreement when implementing irregular motor transportations of passengers and baggage in the intra republican message

Absence at drivers of vehicles of the transportation agreement when implementing irregular motor transportations of passengers and baggage in the intra republican message

attracts penalty in the amount of five to ten monthly settlement indicators.";

Article 479 to state 3) in the following edition:

"Article 479. Stowaway transportation of passengers

Stowaway transportation of passengers:

1) on the aircrafts which are carrying out flights on the international aviaroutes

attracts penalty in the amount of ten monthly settlement indicators;

2) on the aircrafts which are carrying out flights on internal aviaroutes

attracts penalty in the amount of eight monthly settlement indicators;

3) in trains of the international message

attracts penalty in the amount of seven monthly settlement indicators;

4) in trains of the intra republican message

attracts penalty in the amount of five monthly settlement indicators;

5) on ocean ships of the international message

attracts penalty in the amount of seven monthly settlement indicators;

6) on ocean ships of the intra republican message

attracts penalty in the amount of six monthly settlement indicators;

7) on river crafts of the international message

attracts penalty in the amount of six monthly settlement indicators;

8) on river crafts of the intra republican message

attracts penalty in the amount of five monthly settlement indicators;

9) in the tram, the trolleybus, the bus of the city and suburban message and the share taxi

attracts penalty in the amount of five monthly settlement indicators;

10) in the bus international, long-distance interregional, interdistrict (long-distance intraregional) and the raionwide message

attracts penalty in the amount of seven monthly settlement indicators.";

Part one, the paragraph third article 548 parts two after figures "447-4," to add 4) with figures "447-5,".

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):

state Article 115 in the following edition:

"Article 115. Earth of road transport

1. The lands allocated belong to lands for needs of road transport:

1) under highways, their structural elements and road constructions and technologically related structures and constructions;

2) for placement of the bus stations and bus stations, other objects of road transport and objects of road economy necessary for operation, content, construction, reconstruction, repair, development of land and underground buildings, structures, constructions, devices;

3) for establishment of strips of withdrawal of highways.

2. The parcels of land under branch strip for needs of road transport are provided on the basis of the established regulations depending on category of the road and according to the project documentation.

3. For safety of the population and creation of service conditions of highways taking into account safety requirements of traffic roadside strips in the form of adjacent on both sides to strips of withdrawal of highways public of the parcels of land with establishment of specific mode of their use are created.

The parcels of land of roadside strip which are in state-owned property can be provided to physical persons and legal entities in temporary land use by local executive bodies of areas, cities of republican value, the capital, areas, cities of regional value.

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 road traffic police, sanitary and epidemiologic control, Customs Service, border, transport control, veterinary and phytosanitary control posts is forbidden.

The construction of buildings and constructions in roadside strip of the highway public, except for objects of road service and objects of road service which construction is performed according to the legislation of the Republic of Kazakhstan is forbidden.".

3. 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):

1) in Article 105:

exclude Item 2;

in Item 3 of the word "open for navigation" shall be replaced with words "used for navigation, take-off (landing) of aircrafts";

"Navigable water objects" shall be replaced with words 2) in part two of Item 3 of Article 125 of the word "navigable waterways".

4. In the Ecological code of the Republic of Kazakhstan of January 9, 2007 (The sheet of Parliament of the Republic of Kazakhstan, 2007, No. 1, Art. 1; No. 20, Art. 152; 2008, No. 21, Art. 97; No. 23, Art. 114; 2009, No. 11-12, of Art. 55; No. 18, Art. 84; No. 23, Art. 100; 2010, No. 1-2, of Art. 5; No. 5, Art. 23):

the second offer of the subitem 1) of Item 2 of article 257 after the word "transportation" to add with words "exposure, replacement, removal and check of means of navigation situation".

5. In the Labor code of the Republic of Kazakhstan of May 15, 2007 (The sheet of Parliament of the Republic of Kazakhstan, 2007, No. 9, Art. 65; No. 19, Art. 147; No. 20, Art. 152; No. 24, Art. 178; 2008, No. 21, Art. 97; No. 23, Art. 114; 2009, No. 8, Art. 44; No. 9-10, of Art. 50; No. 17, Art. 82; No. 18, Art. 84; No. 24, Art. 122, 134; 2010, No. 5, Art. 23; No. 10, Art. 48):

state Article 212 in the following edition:

"Article 212. Watch duration

1. The period including time of performance of works on object and time of inter-shift rest is considered watch.

2. Duration of watch cannot exceed thirty calendar days.

For members of crews of ocean ships with the consent of the worker duration of watch can be increased up to hundred twenty calendar days.".

6. In the Budget code of the Republic of Kazakhstan of December 4, 2008 (The sheet of Parliament of the Republic of Kazakhstan, 2008, No. 21, Art. 93; 2009, No. 23, Art. 112; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 7, Art. 29, 32; No. 15, Art. 71):

The second the subitem 10) of Item 1 of Article 54 the word "(long-distance)" shall be replaced with words 1) in the paragraph "(to long-distance intraregional), and also railway suburban";

The second the subitem 10) of Item 1 of Article 55 the word "internal" shall be replaced with words 2) in the paragraph "city and suburban";

The paragraph third the subitem 8) of Item 1 of Article 56 to state 3) in the following edition:

"organization of passenger traffic for socially important city (rural), suburban and raionwide messages, except for railway;".

7. In the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) (Sheets of Parliament of the Republic of Kazakhstan, 2008, No. 22-I, 22-II, Art. 112; 2009, Art. No. 2-3, 16, 18; No. 13-14, of Art. 63; No. 15-16, of Art. 74; No. 17, Art. 82; No. 18, Art. 84; No. 23, Art. 100; No. 24, Art. 134; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 7, Art. 28, 29; No. 11, Art. 58; No. 15, Art. 71; Art. No. 17-18, 112):

1) of Item 2 of Article 528 to state the subitem in the following edition:

"1) in case of placement of objects of advertizing in strip of withdrawal of highways public of the international and republican value based on the document issued by authorized state body on highways (further - road body), and in case of the placement of objects of advertizing in strip of withdrawal of highways public of regional or district value based on the document issued respectively by local executive body of area or area for certain term according to the procedure established by the legislation of the Republic of Kazakhstan;".

8. In the Law of the Republic of Kazakhstan of September 21, 1994 "About transport in the Republic of Kazakhstan" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1994, No. 15, Art. 201; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 186; 1998, No. 24, Art. 447; 2001, No. 23, Art. 309, 321; No. 24, Art. 338; 2003, No. 10, Art. 54; 2004, No. 18, Art. 110; No. 23, Art. 142; 2005, No. 15, Art. 63; 2006, No. 3, Art. 22; No. 14, Art. 89; No. 24, Art. 148; 2009, No. 18, Art. 84; 2010, Art. No. 17-18, 114):

Article 8 part one after the word "management" to add 1) with the words "and self-government";

2) in Article 9:

the fourth to state part in the following edition:

"The state bodies which made decisions on the organization of passenger traffic which profitability is not provided with the operating regulated rates provide subsidizing of losses of carriers at the expense of budgetary funds.";

in word part five of "means of the republican budget" shall be replaced with words "budgetary funds".

9. In the Law of the Republic of Kazakhstan of July 15, 1996 "About traffic safety" (Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 14, Art. 273; 2001, No. 24, Art. 338; 2003, No. 10, Art. 54; No. 12, Art. 82; 2004, No. 23, Art. 142; 2005, No. 7-8, of Art. 23; 2006, No. 1, Art. 5; No. 24, Art. 148; 2007, No. 2, Art. 18; 2008, No. 13-14, of Art. 54; No. 23, Art. 114; 2009, No. 23, Art. 100):

the fourth Item 1 of Article 15 to state the paragraph in the following edition:

"to the persons which reached age of twenty one years, having length of service the driver at least three years including years of service of control of the vehicles belonging to the category "C", at least one year - the cars intended for transportation of passengers and having more than eight seats in addition to the driver's seat (category "D"), trolleybuses and trams;".

10. In the Law of the Republic of Kazakhstan of March 24, 1998 "About regulatory legal acts" (Sheets of Parliament of the Republic of Kazakhstan, 1998, No. 2-3, of Art. 25; 2001, No. 20, Art. 258; 2002, No. 5, Art. 50; 2004, No. 5, Art. 29; No. 13, Art. 74; 2005, No. 17-18, of Art. 73; 2006, No. 3, Art. 22; No. 24, Art. 148; 2007, No. 2, Art. 18; No. 12, Art. 86; No. 13, Art. 100; No. 19, Art. 147; 2008, No. 13-14, of Art. 55; No. 21, Art. 97; 2009, No. 15-16, of Art. 74; No. 18, Art. 84; No. 22, Art. 94; 2010, No. 5, Art. 23; No. 7, Art. 29):

11) of Article 3-1 to exclude the subitem.

11. In the Law of the Republic of Kazakhstan of January 23, 2001 "About local public administration and self-government in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 3, Art. 17; No. 9, Art. 86; No. 24, Art. 338; 2002, No. 10, Art. 103; 2004, No. 10, Art. 56; No. 17, Art. 97; No. 23, Art. 142; No. 24, Art. 144; 2005, No. 7-8, of Art. 23; 2006, No. 1, Art. 5; No. 13, Art. 86, 87; No. 15, Art. 92, 95; No. 16, Art. 99; No. 18, Art. 113; No. 23, Art. 141; 2007, No. 1, Art. 4; No. 2, Art. 14; No. 10, Art. 69; No. 12, Art. 88; No. 17, Art. 139; No. 20, Art. 152; 2008, No. 21, Art. 97; No. 23, Art. 114, 124; 2009, No. 2-3, of Art. 9; No. 24, Art. 133; 2010, No. 1-2, of Art. 2; No. 5, Art. 23; No. 7, Art. 29, 32):

The subitem 13) of Item 1 of Article 27 to state 1) in the following edition:

"13) will organize transportations of passengers according to the legislation of the Republic of Kazakhstan in the field of transport;";

The subitem 9) of Item 1 of Article 31 to state 2) in the following edition:

"9) will organize transportations of passengers according to the legislation of the Republic of Kazakhstan in the field of transport;".

12. 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):

Article 1 to state 1) in the following edition:

"Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) managing directors of highways - physical persons and legal entities, being owners of highways or performing activities for management of highways on the right of economic maintaining or operational management, and also according to the agreement of free use by highways public of regional or district value or their sites;

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