LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 10, 2012 No. 33-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning development and support of agro-industrial complex

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. 2122, 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, of Art. 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, of Art. 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; No. 13-14, of the Art. 54, 57, 58; No. 15-16, of Art. 62; No. 20, Art. 88; No. 21, Art. 97; No. 23, Art. 114; No. 24, Art. 126,128,129; 2009, No. 23, Art. 7,;;; No. 9-10, of the Art. 47,48; No. 13-14, of the Art. 62,63; No. 15-16, of the Art. 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, No. 1-2, of the Art. 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; No. 17-18, of the Art. 112, 114; No. 20-21, of Art. 119; No. 22, Art. 128, 130; No. 24, Art. 146, 149; 2011, No. 1, Art. 2, 3, 7, 9; No. 2, Art. 19, 25, 26, 28; No. 3, Art. 32; No. 6, Art. 50; No. 8, Art. 64; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 115, 116; No. 14, Art. 117; No. 16, Art. 128, 129; No. 17, Art. 136; No. 19, Art. 145; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 9, 11, 13, 14, 16; No. 3, Art. 21, 22, 25, 26, 27; No. 4, Art. 32; No. 5, Art. 35, 36; No. 8, Art. 64):

1) in table of contents:

to add heading of Chapter 20 with words ", and also forming and uses of regional stabilization funds of food products";

add with heading of Article 309-5 of the following content:

"Article 309-5. Violation of requirements of the legislation of the Republic of Kazakhstan when forming and using regional stabilization funds of food products";

Heading of Chapter 20 to add 2) with words ", and also forming and uses of regional stabilization funds of food products";

To add 3) with Article 309-5 of the following content:

"Article 309-5. Violation of requirements of the legislation of the Republic of Kazakhstan when forming and using regional stabilization funds of food products

1. Inappropriate use of regional stabilization funds of food products, implementation of commodity interventions on crop production products during harvesting, and also non-compliance with rules of forming and use of regional stabilization funds of food products

attract penalty on officials - in the amount of fifty to hundred, on legal entities - in the amount of hundred to two hundred monthly settlement indicators.

2. Non-compliance with fixed prices when purchasing food products in regional stabilization fund of food products and their realization from regional stabilization fund of food products

attracts penalty on legal entities - in the amount of hundred fifty to two hundred fifty monthly settlement indicators.";

Article 541 part one after the words "309-4 (parts eight, the ninth)" to add 4) with figures ", 309-5";

5) in the subitem 1) Article 636 parts one:

the fifty fourth after the words "184-1 (part five)" to add the paragraph with words ", 309-5 (part one)";

to add the paragraph of the fifty seventh after the words "309-4 (parts eight, the ninth)" with words ", 309-5 (part two)".

2. In the Budget code of the Republic of Kazakhstan of December 4, 2008 (The sheet of Parliament of the Republic of Kazakhstan, 2008, No. 21, Art. 93; 2009, No. 23, Art. 112; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 7, Art. 29, 32; No. 15, Art. 71; No. 24, Art. 146, 149, 150; 2011, No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 7, Art. 54; No. 11, Art. 102; No. 13, Art. 115; No. 15, Art. 125; No. 16, Art. 129; No. 20, Art. 151; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 16; No. 3, Art. 21; No. 4, Art. 30, 32; No. 5, Art. 36, 41; No. 8, St.

64):

the thirty first the subitem 8) of Item 1 of Article 53 to state the paragraph in the following edition:

"carrying out purchasing and commodity interventions in the agrofood market;".

3. In the Law of the Republic of Kazakhstan of January 19, 2001 "About grain" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 2, Art. 12; No. 15-16, of Art. 232; 2003, No. 19-20, of Art. 148; 2004, No. 23, Art. 142; 2006, No. 1, Art. 5; No. 24, Art. 148; 2007, No. 2, Art. 18; No. 3, Art. 20; No. 9, Art. 67; No. 18, Art. 145; 2008, No. 13-14, of Art. 58; No. 20, Art. 89; 2009, No. 18, Art. 84; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 15, Art. 71; 2011, No. 1, Art. 2; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 2, Art. 14):

to add part one of Item 1 of Article 19 with the subitem 4) of the following content:

"4) rendering services in provision in lease of the petroleum supply point and reservoirs for storage of fuels and lubricants.".

4. In the Law of the Republic of Kazakhstan of July 8, 2005 "About state regulation of development of agro-industrial complex and the rural territories" (Sheets of Parliament of the Republic of Kazakhstan, 2005, No. 13, Art. 52; 2007, No. 5-6, of Art. 42; No. 18, Art. 145; 2008, No. 23, Art. 124; 2009, No. 17, Art. 82; No. 24, Art. 129; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 15, Art. 71; 2011, No. 1, Art. 2, 7; No. 2, Art. 26; No. 11, Art. 102; 2012, No. 2, Art. 16):

1) in Article 1:

10) to state the subitem in the following edition:

"10) regional stabilization fund of food products - operational inventory of food products, except for grains, created for rendering the regulating impact on the agrofood market and ensuring food security in the territory of areas, the cities of republican value, the capital;";

add with subitems 10-1), 10-2), 10-3) and 10-4) of the following content:

"10-1) refreshening of regional stabilization fund food tovarovrealization of food products on fixed prices before the expiration of terms of their storage (at least one month) with subsequent or simultaneous laying of equal quantity and similar quality of food products;

10-2) forming of regional stabilization fund food tovarovzakupochny interventions, placement and storage of food products in regional stabilization fund of food products;

10-3) use of regional stabilization fund food tovarovrealization of food products from regional stabilization fund of food products for the purpose of carrying out commodity interventions and refreshening of regional stabilization fund of food products;

10-4) fixed prices on food products - the prices of the food products established for purchase of food products in regional stabilization fund of food products and their realization from regional stabilization fund of food products, determined by the commission on management of food products of regional stabilization fund;";

21) to exclude the subitem;

23) and 25) to state subitems in the following edition:

"23) the specialized organization - the organization created according to the decision of the Government of the Republic of Kazakhstan, local executive body of area, city of republican value, the capital or national managing holding in the field of agro-industrial complex for the purpose of sustainable development of industries of agro-industrial complex, ensuring subjects of agro-industrial complex with the separate types of service which are absent or which are poorly provided in the competitive market, or created for assistance to development of economy of regions (social business corporations);";

"25) purchasing interventions - actions for purchase of food products by the specialized organizations, except for grains, on fixed prices in case of reduction of prices of the territories of areas, the cities of republican value, the capital;";

add with subitem 26-2) of the following content:

"26-2) commodity intervention - actions for realization of food products in the domestic market on fixed prices from regional stabilization funds of food products, except for the grains performed for the purpose of stabilization of the domestic market in case of increase in prices;";

2) in Article 5:

4) to exclude the subitem;

5) and 6) to state subitems in the following edition:

"5) approval of the list of the specialized organizations performing purchasing and commodity interventions and also the amount of their remuneration;

6) approval of rules of forming and use of regional stabilization funds of food products;";

8) to exclude the subitem;

Item 1 of Article 6 to add 3) with subitem 26-1) of the following content:

"26-1) development of rules of forming and use of regional stabilization funds of food products;";

Item 2 of Article 7 to add 4) with subitems 17-1), 17-2), 17-3) and 17-4) of the following content:

"17-1) creation of balance of food security of administrativnoterritorialny unit;

17-2) decision making about carrying out purchasing and commodity interventions, refreshening of regional stabilization fund of food products based on the recommendation of the commission on management of food products of regional stabilization fund;

17-3) implementation of purchase of services at the specialized organizations for forming and use of regional stabilization funds of food products;

17-4) formation of the commission on management of food products of regional stabilization fund;";

The subitem 3) of Item 2 of Article 9 to state 5) in the following edition:

"3) carrying out purchasing and commodity interventions;";

Subitem 5-2) of Item 2 of Article 11 to state 6) in the following edition:

"5-2) reduction in cost to agricultural producers of cost of herbicides, bioagents (entomophages) and biological products intended for processing of crops for the purpose of protection of plants;";

7) in Article 12:

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

"1) carrying out purchasing and commodity interventions;";

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

"2. For the purpose of stabilization of the market of food products the state performs purchasing and commodity interventions.

3. Purchasing and commodity interventions are performed by the specialized organizations according to rules of forming and use of regional stabilization funds of food products.

4. Implementation of commodity interventions on crop production products during harvesting is not allowed.";

exclude Item 5;

To exclude part one of Article 16;

The subitem 2) of Item 1 of Article 19-2 to state 9) in the following edition:

"2) forming, availability and use of regional stabilization funds of food products;";

10) in Article 19-3:

in Item 1:

1) to state the subitem in the following edition:

"1) forming and uses of regional stabilization funds of food products according to rules of forming and use of regional stabilization funds of food products;";

3) to exclude the subitem;

5) to state the subitem in the following edition:

"5) purchase exceptions in regional stabilization funds of food products of genetically modified foodstuff, food products containing genetically modified organisms.";

state Item 2 in the following edition:

"2. Local executive bodies of areas, cities of republican value, the capital create and use regional stabilization funds of food products according to rules of forming and use of regional stabilization funds of food products.";

exclude Item 3;

To add 11) with Article 19-4 of the following content:

"Article 19-4. Commission on management of food products of regional stabilization fund

1. The commission on management of food products of regional stabilization fund (further - the commission) is created for the purpose of ensuring timely and high-quality forming and use of regional stabilization fund of food products.

2. Carrying out purchasing and commodity interventions, refreshening of regional stabilization fund of food products is performed according to the decision of local executive body of area, city of republican value, the capital based on the recommendation of the commission.

3. The akim of area, city of republican value, the capital forms the commission and approves its structure. Commission chairman is the deputy akim of area, the cities of republican value, the capitals, members of the commission are the staff of managements (departments) of entrepreneurship and trade and agricultural industry, and also representatives of associations of subjects of private entrepreneurship and public organizations. The commission performs the activities on permanent basis.

The quantitative structure of the commission shall be odd and constitute at least nine people. At the same time two thirds of members of the commission shall be representatives of associations of subjects of private entrepreneurship and public organizations. The secretary of the commission is not her member.

4. Are within the competence of the commission:

1) development of recommendations about carrying out purchasing and commodity interventions, refreshening of regional stabilization fund of food products;

2) determination of the list and amounts of the food products which are purchased in regional stabilization fund of food products;

3) determination of fixed price on food products when implementing purchasing and commodity interventions, including when refreshening regional stabilization fund of food products;

4) consideration of offers of the specialized organization for effective and rational forming and use of regional stabilization fund of food products.".

5. In the Law of the Republic of Kazakhstan of July 21, 2007 "About public procurements" (Sheets of Parliament of the Republic of Kazakhstan, 2007, No. 17, Art. 135; 2008, No. 13-14, of Art. 58; No. 20, Art. 87; No. 21, Art. 97; No. 24, Art. 128; 2009, No. 2-3, of Art. 21; No. 9-10, of the Art. 47, 49; No. 15-16, of Art. 74; No. 17, Art. 78, 82; No. 24, Art. 129, 133; 2010, No. 5, Art. 23; No. 7, Art. 28, 29; No. 15, Art. 71; No. 17-18, of Art. 108; No. 24, Art. 146; 2011, No. 2, Art. 26; No. 4, Art. 37; No. 6, Art. 49; No. 11, Art. 102; No. 13, Art. 115; No. 20, Art. 151; No. 21, Art. 161, 171; 2012, No. 2, Art. 11; No. 3, Art. 22; No. 6, Art. 43; No. 8, Art. 64):

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

"17) is approved by the list of the specialized organizations (agents) performing purchasing and commodity interventions, and also purchase of services in storage, conversion, transportation of food products;".

6. In the Law of the Republic of Kazakhstan of December 10, 2008 "About enforcement of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code)" (Sheets of Parliament of the Republic of Kazakhstan, 2008, No. 23, Art. 113; 2009, No. 13-14, of Art. 63; No. 18, Art. 84; No. 23, Art. 100; No. 24, Art. 134; 2010, No. 5, Art. 23; No. 11, Art. 58; No. 15, Art. 71; No. 17-18, of Art. 101; No. 22, Art. 132; 2011, No. 11, Art. 102; No. 14, Art. 117; No. 15, Art. 120; No. 24, Art. 196; 2012, No. 2, Art. 11, 14; No. 6, Art. 43): Paragraphs the second or thirteenth Item 6 are enacted since January 1, 2009

in the subitem 1) Article 49:

the fifty fifth - the sixty fourth to state paragraphs in the following edition:

"1. The value added tax is paid by offsetting method according to the procedure, established by this Article, taxpayers on value added on the following goods placed under customs regime of release of goods for free circulation or under customs procedure of release for internal consumption:

1) equipment;

2) agricultural machinery;

3) freight railway vehicles of road transport;

4) helicopters and airplanes;

5) locomotives railway and cars;

6) ocean ships;

7) spare parts;

8) pesticides (agricultural chemicals);

9) breeding animals of all types and equipment for artificial insemination.";

paragraphs of the sixty sixth - to state the seventieth in the following edition:

"At the same time goods which production is absent in the territory of the Republic of Kazakhstan are included in this list or does not cover need of the Republic of Kazakhstan which are imported for use in own production in the course of creation, production of new products and realization, including as a part of finished goods is not subject. Paragraphs the sixteenth - the twenty seventh Item 6 are enacted since January 1, 2009

2. Provisions of Item 1 of this Article are not applied to the goods intended for further realization except:

1) cessions of property in financial leasing;

2) export of earlier imported goods in the re-export mode.

3. The taxpayer on value added represents to customs authority the copy of the certificate on statement on registration accounting on the value added tax, and also the obligation on reflection in the declaration on the tax amount value added tax on value added which is subject to payment on the goods specified in Item 1 of this Article and target use of the specified goods.";

to state the paragraph of the seventy second in the following edition:

"Based on the obligation release of goods for free circulation or is made for internal consumption without the actual tax discharge on value added on condition of payment in accordance with the established procedure of customs payments and excises on excise goods.";

to state paragraphs of the seventy fifth and seventy sixth in the following edition:

"In case of violation within five years from date of issue of goods for free circulation or for internal consumption on the territory of the Republic of Kazakhstan of the requirements established by this Article, the value added tax to imported goods is subject to payment with charge of penalty fee from the term established for the tax discharge on value added on imported goods, according to the procedure and the size which are determined by the customs legislation of the Customs union and (or) the Republic of Kazakhstan.

5-1. Sales of goods on which the value added tax to imported goods is paid by offsetting method after five years from the date of their release for free circulation or for internal consumption on the territory of the Republic of Kazakhstan is not subject to taxation on value added on imported goods.";

the seventy eighth and seventy ninth to state paragraphs in the following edition:

"6. Turnovers on sales of goods, specified in Item 1 of this Article on which the value added tax is paid by offsetting method by transfer to financial leasing are exempted from the value added tax.

The provision of this Item is applied also by transfer after December 31, 2008 to financial leasing of the goods imported till December 31, 2008 for own production needs on which the value added tax is paid by offsetting method.".

7. In the Law of the Republic of Kazakhstan of January 6, 2012 "About homeland security of the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2012, No. 1, Art. 3; No. 8, Art. 64):

15) of Item 2 of Article 22 to state the subitem in the following edition:

"15) ensuring priority forming, updating and replenishment of the state material reserve, regional stabilization funds of food products irrespective of impact of internal and external adverse factors;".

Article 2. This Law becomes effective after ten calendar days after its first official publication, except for:

1) Item 2, subitems of 1)-5), 7)-11) of Item 4, Items 5 and 7 of Article 1, which become effective since January 1, 2012;

2) the subitem 6) item 4 of Article 1, which becomes effective since January 1, 2013;

3) paragraphs of the second or thirteenth, sixteenth - the twenty seventh Item 6 of Article 1, which become effective since January 1, 2009.

 

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