LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 13, 2013 No. 101-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning development of local self-government

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. 2122, 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; Art. No. 21-22, 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; 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. 126, 128, 129; 2009, Art. No. 2-3, 7, 21; No. 910, Art. 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, 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; No. 10, Art. 77; No. 12, Art. 84, 85; No. 13, Art. 91; No. 14, Art. 92, 93, 94; No. 15, Art. 97; No. 20, Art. 121; No. 23-24, of Art. 125; 2013, No. 1, Art. 2, 3; No. 2, Art. 10, 11, 13; No. 4, Art. 21; The Law of the Republic of Kazakhstan of May 21, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning personal data and their protection", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 25, 2013):

Part the fifth Article 48 to state 1) in the following edition:

"5. The penalty is collected in the income of the government budget according to the procedure, established by the legislation of the Republic of Kazakhstan, except for the penalties imposed by akims of the cities of district value, villages, settlements, rural districts according to Article 576-4 of this Code.";

"165," to exclude 2) in part one of Article of 541 figures;

Article 543 part one after figures "163-1," to add 3) with figures "165,";

Article 576-4 to add 4) with part four of the following content:

"4. Akims of the cities of district value, villages, settlements, rural districts have the right to consider cases on administrative offenses and to impose administrative punishments for the violations provided by Articles 165, of 300, of the 311 and 387 of this Code, made in the territory of the cities of district value, villages, settlements, rural districts.";

5) in paragraphs the second, fifty fifth and sixty second the subitem 1) "165," to exclude parts one of Article of the 636th figure.

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, Art. 64; No. 13, Art. 91; No. 14, Art. 94; No. 18-19, of Art. 119; No. 23-24, of Art. 125; 2013, No. 2, Art. 13; The law of the Republic of Kazakhstan of April 15, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the state services", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 20, 2013):

1) in table of contents:

to state heading of Article 83 in the following edition:

"Article 83. Budget implementation taking into account features of some laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan";

add with heading of Article 102-1 of the following content:

"Article 102-1. Execution on the money directed to realization by akims of the city of district value, the village, settlement, rural district of functions of local self-government";

The subitem 24) of Item 1 of Article 49 to state 2) in the following edition:

"24) payment for placement of outdoor (visual) advertizing on subjects of stationary advertizing in strip of withdrawal of highways public of republican value, except for payments for placement of outdoor (visual) advertizing on subjects of stationary advertizing in strip of withdrawal of the highways public of republican value passing through the territories of the cities of district value, villages, settlements, rural districts;";

The subitem 5) of Item 1 of Article 50 to state 3) in the following edition:

"5) payment for placement of outdoor (visual) advertizing on subjects of stationary advertizing in strip of withdrawal of highways public of regional value, except for payments for placement of outdoor (visual) advertizing on subjects of stationary advertizing in strip of withdrawal of the highways public of regional value passing through the territories of the cities of district value, villages, settlements, rural districts;";

The subitem 23) of Item 1 of Article 51 to state 4) in the following edition:

"23) payment for placement of outdoor (visual) advertizing on open space outside rooms in the cities of republican value, the capital and on the vehicles registered in the cities of republican value, the capital.";

5) in Article 52:

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

"17) payment for placement of outdoor (visual) advertizing on open space outside rooms in the city of regional value and on the vehicles registered in the city of regional value, except for payments for placement of outdoor (visual) advertizing on subjects of stationary advertizing in strip of withdrawal of highways public of district value on open space outside rooms in the city of district value, the village, the settlement and on the vehicles registered in the area;";

4) of Item 2 to state the subitem in the following edition:

"4) the penalties, penalty fee, sanctions, penalties imposed by the public institutions financed from the budget of the area (the city of regional value), except for penalties, penalty fee, sanctions, penalties imposed by akims of the cities of district value, villages, settlements, rural districts;";

The paragraph the fourth the subitem 1) of Item 1 of Article 53 to state 6) in the following edition:

"holding referenda and elections, except for the elections financed from the regional budget;";

The subitem 1) of Item 1 of Article 54 to add 7) with the paragraph third the following content:

"providing and elections of akims of the cities of district value, villages, settlements, rural districts;";

8) the fourth and fifth item 4 of Article 62 to state parts in the following edition:

"Strategic plans of the Supreme Court of the Republic of Kazakhstan, Committee of homeland security of the Republic of Kazakhstan affirm according to the procedure, determined by the President of the Republic of Kazakhstan.

The constitutional Council of the Republic of Kazakhstan, Administration of the President of the Republic of Kazakhstan, Administration of the President of the Republic of Kazakhstan, Security service of the President of the Republic of Kazakhstan, Prime minister's department of the Republic of Kazakhstan, Economic board of Parliament of the Republic of Kazakhstan, the National center for human rights of the Republic of Kazakhstan, Service of foreign intelligence of the Republic of Kazakhstan Syrbar, Republican guard of the Republic of Kazakhstan, Calculating committee on control of execution of the republican budget, Central Election Commission of the Republic of Kazakhstan, audit committees of areas, cities of republican value, the capital, the offices of maslikhats and executive bodies financed from district (the city of regional value) of the budget, strategic plans do not develop.";

Article 83 to state 9) in the following edition:

"Article 83. Budget implementation taking into account features of some laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan

The provisions of this Code regulating budget implementation are applied taking into account the features established by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan regulating questions of the state secrets, election of the president of the Republic of Kazakhstan, deputies of Parliament of the Republic of Kazakhstan, deputies of maslikhats, akims of the cities of district value, villages, settlements, rural districts, and also members of local government bodies in the Republic of Kazakhstan, implementation of operational search activities, ensuring foreign policy activities, defense capability and homeland security of the country.";

10) in Article 88:

add Item 1 with the subitem 8) of the following content:

"8) with transfer of receipts, stipulated by the legislation the Republic of Kazakhstan about local public administration and self-government, and carrying out the expenses directed by akims of the city of district value, the village, settlement, rural district to realization of functions of local self-government (the control account of cash of local self-government).";

the second Item 2 to state part in the following edition:

"Transactions on receipts and the registered payments according to control accounts of cash of the sponsor's, charitable help, temporary placement of money, target financing, local self-government and accounts in foreign currency are considered according to codes of public institutions.";

Part third of Item 3 of Article 98 to state 11) in the following edition:

"Drawing of collection orders can be performed on code of public institution, the account of paid services, sponsor's, charitable help, local self-government, and also into accounts of subjects of the quasi-public sector, on increase (forming) in the authorized capital of which funds for the corresponding financial year are provided in the law on the republican budget or in the decision of maslikhat on the local budget.";

To add 12) with Article 102-1 of the following content:

"Article 102-1. Execution on the money directed to realization by akims of the city of district value, the village, settlement, rural district of functions of local self-government

1. For use of means from receipts, stipulated by the legislation the Republic of Kazakhstan about local public administration and self-government, akims of the city of district value, the village, settlement, rural district annually constitute the plan of receipts and expenses of the money directed to realization by akims of the city of district value, the village, settlement, rural district of functions of local self-government.

2. The plan of receipts and expenses of the money directed to realization by akims of the city of district value, the village, settlement, rural district of functions of local self-government affirms the akim of the respective city of district value, the village, settlement, rural district after its approval of meeting of local community.

Action of the approved plan of receipts and expenses of the money directed to realization by akims of the city of district value, the village, settlement, rural district of functions of local self-government stops on December 31 the current financial year.

3. The income which arrived within financial year over the amounts provided by the plan of receipts and expenses of the money directed to realization by akims of the city of district value, the village, settlement, rural district of functions of local self-government can be spent in the current financial year on condition of refining and approval of meeting of local community of the plan of receipts and expenses of the money directed to realization by akims of the city of district value, the village, settlement, rural district of functions of local self-government until the end of the current financial year.

4. Payments for the account of money from receipts, stipulated by the legislation the Republic of Kazakhstan about local public administration and self-government, are performed based on the account for payment and carried out within remaining balance on the control account of cash of local self-government.

5. Akims of the city of district value, the village, settlement, rural district according to the decision of meeting of local community have the right to acquire at the expense of means of local self-government goods (works, services) for public institutions, the utility state companies which are in the territory of the city of district value, the village, the settlement, the rural district for the solution of questions of local value.

6. Remaining balance of means from receipts, stipulated by the legislation the Republic of Kazakhstan about local public administration and self-government, remained on the control account of cash of local self-government not used for the end of accounting financial year, can be directed to financing of expenses of the current year by means of refining and approval of meeting of local community of the plan of receipts and expenses.

Refining of the plan of receipts and expenses of money can be made as required within the current financial year.

7. The procedure for receipt and expenditure of the money directed to realization by akims of the city of district value, the village, settlement, rural district of functions of local self-government is determined by the Government of the Republic of Kazakhstan.".

3. 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; No. 17-18, of Art. 112; No. 22, Art. 130, 132; No. 24, Art. 145, 146, 149; 2011, No. 1, Art. 2, 3; No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 116; No. 14, Art. 117; No. 15, Art. 120; No. 16, Art. 128; No. 20, Art. 151; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 11, 15; No. 3, Art. 21, 22, 25, 27; No. 4, Art. 32; No. 5, Art. 35; No. 6, Art. 43, 44; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 13, Art. 91; No. 14, Art. 92; No. 15, Art. 97; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 1, Art. 3; No. 2, Art. 7, 10; No. 3, Art. 15; No. 4, Art. 21):

The subitem 1) of Item 2 of Article 528 to state 1) 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 value based on the document issued by local executive body of area for certain term according to the procedure established by the legislation of the Republic of Kazakhstan;";

Column 5 of the table of subitems 1) and 2) of Item 3 of Article 530 to exclude 2).

4. In the Law of the Republic of Kazakhstan of July 23, 1999 "About public service" (Sheets of Parliament of the Republic of Kazakhstan, 1999, No. 21, Art. 773; 2001, No. 13-14, of Art. 170; 2003, No. 4, Art. 24; No. 18, Art. 142; 2005, No. 14, Art. 61; 2007, No. 9, Art. 67; No. 17, Art. 140; No. 19, Art. 147; 2009, No. 24, Art. 122, 126; 2010, No. 24, Art. 148; 2011, No. 11, Art. 102; No. 20, Art. 158; 2012, No. 5, Art. 36; No. 13, Art. 91, No. 21-22, Art. 123):

Subitems 1) and 8) of Article 1 to state 1) in the following edition:

"1) the case "A" - managerial state positions of managerial level for which are provided special procedure for selection in the personnel reserve, competitive selection, passing and the termination of public service determined by the President of the Republic of Kazakhstan and also special qualification requirements;";

"8) the administrative government employee - the government employee performing the activities on permanent professional basis, except as specified, provided by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan;";

Article 4 to add 2) with Item 1-1 of the following content:

"1-1. Operation of this Law extends to the administrative government employees appointed by local representative bodies or elected according to the laws of the Republic of Kazakhstan in the part which is not settled by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.";

Part the second Item 1 of Article 12 to state 3) in the following edition:

"Occupation of managerial state position is performed on competitive basis, except as specified, provided by this Law, and also cases of appointment as local representative bodies or elections according to the laws of the Republic of Kazakhstan.";

Part the second Item 5 of Article 13 to state 4) in the following edition:

"Special qualification requirements to managerial state positions of the case "A" affirm the President of the Republic of Kazakhstan.";

5) in Item 1 of Article 27:

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

"2-1) expiration of terms of their powers provided by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan;

2-2) transformation of the positions held by them to political positions or positions to which citizens are appointed by local representative bodies or are chosen according to the laws of the Republic of Kazakhstan;";

10) to state the subitem in the following edition:

"10) other bases provided by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.".

5. 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; No. 24, Art. 146; 2011, No. 1, Art. 3, 7; No. 2, Art. 28; No. 6, Art. 49; No. 11, Art. 102; No. 13, Art. 115; No. 15, Art. 118; No. 16, Art. 129; 2012, No. 2, Art. 11; No. 3, Art. 21; No. 5, Art. 35; No. 8, Art. 64; No. 14, Art. 92; No. 23-24, of Art. 125; 2013, No. 1, Art. 2, 3):

Article 1 to add 1) with subitems 6-1) and 6-2) of the following content:

"6-1) meeting of local community - participation of the representatives of local community delegated by descent of local community in the solution of the current questions of local value in the limits and procedure determined by this Law;

6-2) descent of local community - direct participation of inhabitants (members of local community) in the solution of the most important issues of local value in the limits and procedure determined by this Law;";

2) Article 2-1 to add with Item 3 following of content:

"3. Form of activities of local community are the descent of local community and meeting of local community.";

Article 3 to state 3) in the following edition:

"Article 3. Economic and financial basis of activities of local public administration and self-government

1. The economic and financial basis of activities of local public administration and self-government is constituted:

1) local budget;

2) the property assigned to utility legal entities;

3) other property which is in utility property according to the legislation of the Republic of Kazakhstan.

2. Akims of the city of district value, the village, settlement, rural district have the right to create profitable sources of local self-government.

3. Profitable sources of local self-government are created of the following receipts:

1) the income from property hiring (lease) of the state-owned property which is in management of akims of the city of district value, the village, settlement, rural district;

2) voluntary charges of physical persons and legal entities;

3) payment for placement of outdoor (visual) advertizing on:

subjects of stationary advertizing in strip of withdrawal of the highways public of republican value passing through the territories of the cities of district value, villages, settlements, rural districts;

subjects of stationary advertizing in strip of withdrawal of the highways public of regional value passing through the territories of the cities of district value, villages, settlements, rural districts;

subjects of stationary advertizing in strip of withdrawal of highways public of district value;

open space outside rooms in the city of district value, the village, the settlement;

the vehicles registered in the area;

4) the penalties levied by akims of the city of district value, the village, settlement, rural district for administrative offenses, provided by Articles 165, of 300, 311 and 387 Codes of the Republic of Kazakhstan about administrative offenses;

5) other sources which are not prohibited by the legislation of the Republic of Kazakhstan.

The payment for placement of outdoor (visual) advertizing on subjects of stationary advertizing in strip of withdrawal of highways public of district value, on open space outside rooms in the cities of district value, villages, settlements and on the vehicles registered in the area is levied according to the procedure and at the rates determined by the Government of the Republic of Kazakhstan.";

Item 1 of Article 6 to add 4) with subitem 12-3) of the following content:

"12-3) development and approval of regulations on rewarding with the Certificate of honor of area (city, area);";

Article 8 to add 5) with Item 1-1 of the following content:

"1-1. Maslikhats at least once a year report to the population on the done work of maslikhat, activities of its permanent commissions. Deputies of maslikhat bear responsibility to the population according to the laws of the Republic of Kazakhstan.";

Article 9 to state 6) in the following edition:

"Article 9. Regulations of maslikhat

The procedure for holding sessions of maslikhat, meetings of its bodies, introduction and considerations on them of questions, educations and elections of bodies of maslikhat, hearing of reports on their activities, reports on the done work of maslikhat before the population and activities of its permanent commissions, consideration of requests of deputies, power, the organization of activities of deputy associations in maslikhat, and also voting procedure, the organization of operation of the device both other procedural and organizational matters are determined by the regulations of maslikhat approved at its session.

The standard regulations of maslikhats affirm the President of the Republic of Kazakhstan.";

Item 3 of Article 19 to add 7) with subitem 6-1) of the following content:

"6-1) will organize check of authenticity of collected signatures of the deputies of maslikhat initiating question of expression of mistrust to the akim according to article 24 of this Law;";

8) in Article 21:

state heading in the following edition:

"Article 21. The rights, obligations and responsibility of the deputy of maslikhat when implementing its powers";

add with items 4 and 5 following contents:

"4. The following disciplinary measures can be imposed on the deputy of maslikhat for non-execution and (or) improper execution of the obligations, stipulated in Item 2 these Articles, and also abuse of regulations of deputy ethics established by regulations of maslikhat:

1) censure;

2) compulsion to bringing of public apology.

5. Penalties are imposed on the sessions of maslikhat by a majority vote from total number of the present deputies on representation to the relevant territorial election commission with the publication of information on their imposing in the mass media extended in the corresponding territory.

Penalties cannot be imposed repeatedly for the same offense.";

To add 9) with Article 23-1 of the following content:

"Article 23-1. Procedure for consent by maslikhat on appointment to positions of akims of area, city of republican value, the capital, and also candidates for positions of akims on which purpose the consent of maslikhats, according to the procedure established by the President of the Republic of Kazakhstan is required

1. The person appointing the akim, or person, authorized by him submits for consideration of maslikhat idea of consent on position assignment of the akim.

2. In idea of consent on position assignment of the akim bio data, information on labor activity, the state awards and other information on the candidate for the akim's position are reflected.

3. Consideration of idea of consent on position assignment of the akim is performed at the regular or extraordinary session of maslikhat.

Presence of the candidate for the akim's position at the extraordinary session of maslikhat on consideration of idea of consent on position assignment of the akim is obligatory.

During the session of maslikhat on position assignment of the akim deputies of maslikhat have the right to ask questions about consideration of idea of consent to the candidate for the akim's position, to carry out discussion on the appointed candidate.

Upon completion of discussions vote is taken.

If the candidate for position of the akim did not gather majority of votes from total number of deputies of maslikhat, the person appointing the akim, or person, authorized by it within two working days from the date of receipt of the decision of session of maslikhat repeatedly sends for consideration of maslikhat idea of consent on appointment of other candidate for the akim's position.

4. The nomination can be made by the person appointing the akim, or person, authorized by him for position of the akim no more than three time in a row.

If by maslikhat for third time it will not be agreed to appointment of candidates for positions:

1) akims of area, city of republican value or the capital, the President of the Republic of Kazakhstan has the right to stop powers of the relevant maslikhat ahead of schedule;

2) the akim of the area (the city of regional value), the akim of area in writing notifies the President of the Republic of Kazakhstan and puts question of early termination of powers of the relevant maslikhat.

In this case the President of the Republic of Kazakhstan or the higher akim appoints the acting as the akim before appointment of the akim of the corresponding administrative and territorial unit with the consent of again created maslikhat in accordance with the established procedure.";

Article 24 to state 10) in the following edition:

"Article 24. To express power of maslikhat no confidence in the akim

1. At the initiative of at least one heel from total number of deputies of maslikhat the question of expression of non-confidence vote to the akim can be raised. In this case the maslikhat by a majority vote from total number of his deputies has the right to express no confidence in the akim and to raise question of its dismissal respectively before the President of the Republic of Kazakhstan or the higher akim.

2. The basis for consideration by maslikhat of question of expression of mistrust to the akim is the double non-confirmation maslikhat of the performance reports of plans, economic and social development programs of the territory, the local budget submitted by the akim.

3. Initiation of question of expression of non-confidence vote to the akim is performed by petition of deputies of maslikhat. Petition will be organized by initsiatoramideputata of maslikhat and drawn up by subscription lists.

4. Collection of subscription lists is performed within ten working days from the date of the written address of initiators deputies of maslikhat. The completed subscription lists are given to the secretary of maslikhat who within five working days will organize check of authenticity of collected signatures. By results of check the protocol on authenticity of signatures of initiators deputies of maslikhat is constituted.

5. The session of maslikhat according to non-confidence vote to the akim is held within one month from the date of execution of the protocol on authenticity of signatures of initsiatorovdeputat of maslikhat.

During the session of maslikhat according to non-confidence vote to the akim the reasons which served to initiation of question of expression of non-confidence vote to the akim are discussed, vote is taken.

Expression of non-confidence vote to the akim is considered taken place if the majority from total number of deputies of maslikhat voted for this decision. The session of maslikhat according to non-confidence vote to the akim is drawn up by the decision of session of maslikhat.

6. In case of expression of non-confidence vote to the akim the decision of session of maslikhat in immediate procedure goes to the President of the Republic of Kazakhstan or the higher akim.

7. The president of the Republic of Kazakhstan or the higher akim from the date of receipt of the decision of session of maslikhat on expression of non-confidence vote within ten working days considers question of the termination of powers of the akim or charges it further implementation of its obligations.

8. If the President of the Republic of Kazakhstan or the higher akim rejects non-confidence vote to the akim, deputies of maslikhat by a majority vote from total number of the deputies having the right after six months from the date of the first expression of non-confidence vote repeatedly to express non-confidence vote before the President of the Republic of Kazakhstan or the higher akim. In this case the President of the Republic of Kazakhstan or the higher akim dismisses the akim.";

Item 1 of Article 28 to state 11) in the following edition:

"1. The akim of area, city of republican value, the capital is appointed to position by the President of the Republic of Kazakhstan with the consent of maslikhat of area, the city of republican value, the capital. The procedure for approval by maslikhat of position assignment of the akim of area, city of republican value, the capital is determined by this Law.";

The paragraph third the subitem 4) of Item 1 of Article 29 to state 12) in the following edition:

"heads of structural divisions of the office of the akim of area, city of republican value, capital;";

Item 1 of Article 31 to add 13) with subitem 2-1) of the following content:

"2-1) determines the list of the district utility property transferred to the control to the akim of the city of district value, the village, settlement, rural district;";

Item 1 of Article 32 to state 14) in the following edition:

"1. The akim of the area (the city of regional value) is appointed or elected to position according to the procedure, determined by the President of the Republic of Kazakhstan. The procedure for approval by maslikhat of position assignment of the akim of the area (the city of regional value) is determined by this Law.";

The paragraph third the subitem 4) of Item 1 of Article 33 to state 15) in the following edition:

"workers of the office of the akim, and also heads of the executive bodies financed from district (the city of regional value) of the budget;";

16) in Article 35:

to state subitem 4-1) of Item 1 in the following edition:

"4-1) in case of development of the budget program as which administrator the office of the akim acts submits for discussion of meeting of local community of the offer on financing of questions of local value on the directions provided in structure of the budget of the area (the city of regional value) according to the budget legislation of the Republic of Kazakhstan;";

add with Item 1-3 of the following content:

"1-3. Akims of the city of district value, the village, settlement, rural district according to the legislation of the Republic of Kazakhstan:

1) provide the district utility property transferred to the control in property employment (lease) to physical persons and non-state legal entities without the right of the subsequent redemption;

2) is determined by priority activities and obligatory amounts of works (services) financed from the budget, the transferred utility state companies;

3) ensure safety of the transferred utility property;

4) exercise control of the transferred district utility legal entities;

5) approve the annual financial reporting of the district utility state company transferred to the control approved by the decision of local executive body;

6) is established by the goods prices (works, services) made and realized by the utility state companies transferred to the control;

7) is approved by individual funding plans of the transferred district utility public institutions from the local budget;

8) create profitable sources;

9) provide opening in the central authorized body on budget implementation of the control account of cash of the local self-government intended for transfer of the money directed by akims to realization of functions of local self-government;

10) accept workers according to the employment contract due to economy of budgetary funds and (or) receipts, stipulated by the legislation the Republic of Kazakhstan about local public administration and self-government;

11) is approved by the plan of receipts and expenses of money of local self-government after approval of meeting of local community;

12) are constituted and approve the consolidating plan of receipts and expenses of money from realization of goods by public institutions (works, services) remaining at their order according to the budget legislation of the Republic of Kazakhstan.";

Heading of Article 36 to state 17) in the following edition:

"Article 36. Procedure for appointment or election to position, dismissal or the termination of powers of the akim of the area in the city, the cities of district value, the village, the settlement, the rural district";

18) in Article 38:

add with Item 2-1 of the following content:

"2-1. The chief of staff of the akim of area, city of republican value, the capital, area (city of regional value), the area in the city is appointed to position and dismissed by the authorized officer determined by the President of the Republic of Kazakhstan, and according to the procedure, established by the President of the Republic of Kazakhstan.";

state Item 3 in the following edition:

"3. Questions of activities of government employees of the office of the akim in connection with the termination of powers of the akim, appointment or election of the new akim are determined by the legislation of the Republic of Kazakhstan.";

Article 39-3 to state 19) in the following edition:

"Article 39-3. Descents of local community and meeting of local community

1. In the territory of the cities of district value, villages, settlements, rural districts for the solution of questions of local value the descent of local community and meeting of local community are carried out.

Have no right to participate in descent of local community and at meeting of local community the minors, persons recognized by court incapacitated and also persons containing in places of detention according to the court verdict.

2. The descent of local community is carried out as required on the most important issues of local value:

1) determination of priority tasks of local community and terms of their realization;

2) determination of list of participants of the meeting of local community and term for which they are delegated;

3) introduction of offers to maslikhats of areas (the cities of regional value), akims of areas (the cities of regional value), the cities of district value, villages, settlements, rural districts, to local government bodies concerning local value;

4) hearing and discussion of reports of akims concerning implementation of functions of local self-government by them;

5) hearing and discussion of reports of maslikhat on the done work of maslikhat of the area (the city of regional value), activities of its permanent commissions;

6) other questions of local value determined by descent of local community.

3. The meeting of local community is held on the current questions of local value:

1) discussion of budget programs;

2) discussion of questions of forming and use of profitable sources of local self-government;

3) formation of the commission of local community from among participants of the meeting of local community for the purpose of monitoring of use of the budgetary funds allocated for the solution of questions of local value, and profitable sources of local self-government;

4) hearing and discussion of the report on results of the carried-out monitoring of use of the budgetary funds allocated for the solution of questions of local value, and profitable sources of local self-government;

5) other current questions of local community.

4. Monitoring is carried out for the purpose of collection, systematization, the analysis and generalization of information on use of the budgetary funds allocated for the solution of questions of local value, and profitable sources of local self-government.

Monitoring is performed once in half-year by members of the commission of local community by comparison of the planned and achieved results of use of the budgetary funds allocated for the solution of questions of local value, and profitable sources of local self-government. In case of need, according to the decision of meeting of local community, extraordinary monitoring can be carried out.

The commission of local community has the right to involve specialists to carrying out monitoring of use of the budgetary funds allocated for the solution of questions of local value, and profitable sources of local self-government.

The methodological and methodical management on carrying out monitoring provides the central authorized body on budget implementation.

The report on results of monitoring signed by members of the commission of local community is submitted for discussion of meeting of local community.

Following the results of discussion of the report on results of monitoring the meeting of local community accepts recommendations about effective use of the budgetary funds allocated for the solution of questions of local value, and profitable sources of local self-government.

The akim of the corresponding territory introduces on regular meeting of local community the reasonable conclusion about results of consideration of recommendations about effective use of the budgetary funds allocated for the solution of questions of local value, and profitable sources of local self-government.

5. The descent of local community can be convoked by akims of the city of district value, the village, settlement, rural district independently or at the initiative of at least ten percent of the members of local community who are living in this territory and having the right to participate in it and signed the application for need of its convocation with indication of surname, name, middle names (in case of its availability) and residences.

Initiators of descent of local community shall file petition for carrying out descent of local community to the akim of the respective area (the city of regional value).

Carrying out descent of local community is allowed in case of receipt of the positive decision of the akim of the respective area (the city of regional value).

6. Carrying out separate descents of local community of residents of the village, street, apartment apartment house is allowed. On separate descents of local community of residents of the village, street, apartment apartment house representatives for participation in descent of local community are elected.

The procedure for carrying out separate descents of local community and determination of number of representatives of residents of the village, street, apartment apartment house is developed for participation in descent of local community by akims of the cities of district value, the village, settlement, rural district and affirms maslikhats of areas (the cities of regional value).

The standard procedure for carrying out separate descents of local community affirms the Government of the Republic of Kazakhstan.

The number of representatives of residents of the village, street, apartment apartment house for participation in descent of local community is determined on the basis of the principle of equal representation from residents of the village, street, apartment apartment house.

7. The meeting of local community can be convened by akims of the city of district value, the village, settlement, rural district independently or at the initiative of at least ten percent of the members of meeting delegated by descent of local community.

Initiators of meeting of local community shall file petition for holding meeting of local community to the akim of the respective area (the city of regional value).

Holding meeting of local community is allowed in case of receipt of the positive decision of the akim of the respective area (the city of regional value).

8. Carrying out descent of local community, separate descent of local community of residents of the village, street, apartment apartment house, meeting of local community will be organized by akims of the city of district value, the village, settlement, rural district.

The population of local community is notified on time, the place of convocation of descent of local community, meeting of local community and the discussed questions not later than ten calendar days about day of their carrying out through mass media or different ways.

9. The descent of local community is considered taken place with participation in it at least ten percent of members of local community. In case of carrying out descents of local community with participation of representatives the descent of local community is considered taken place with the participation of at least a half in it from total quantity of the elected representatives on separate descents of local community of residents of the village, street, apartment apartment house.

The meeting of local community is considered taken place with the assistance of at least a half of the members in it delegated by descent of local community.

10. The descent of local community or meeting of local community opens akims of the city of district value, the village, settlement, rural district or person authorized by them.

For maintaining descent of local community or meeting of local community the open voting elects the chairman and the secretary of descent of local community or meeting of local community. The agenda affirms descent of local community or meeting of local community.

On descent of local community or meeting of local community the protocol in which are specified is taken:

1) date and venue of descent of local community or meeting of local community;

2) total number of the members of local community who are living in the corresponding territory and having the right to participate in descent of local community or at meeting of local community;

3) quantity and the list of attendees with indication of surname, name, middle name (in case of its availability);

4) surname, name, middle name (in case of its availability) the chairman and the secretary of descent of local community or meeting of local community;

5) the agenda, content of performances and the made decisions.

The protocol is signed by the chairman and the secretary of descent of local community or meeting of local community and transferred to the akim of the respective city of district value, the village, settlement, rural district.

11. The solution of descent of local community or meeting of local community is deemed accepted if more than a half of participants of descent of local community or meeting of local community voted for it. Akims of the city of district value, the village, settlement, rural district have the right to express disagreement with the solution of descent of local community or meeting of local community which is allowed by repeated discussion of the questions which caused such disagreement.

In case of impossibility of permission of the questions which caused disagreement of akims of the city of district value, the village, settlement, rural district, the question is resolved by the higher akim after its preliminary discussion at meeting of maslikhat of the respective area (the city of regional value).

12. The decisions made on descent of local community or meeting of local community are subject to obligatory consideration by akims of the city of district value, the village, settlement, rural district.

13. Bodies of local public administration and self-government, officials within their competence provide execution of the decisions made on the descent of local community or meeting of local community and approved by akims of the city of district value, the village, settlement, rural district.

14. The decisions made on descent of local community or meeting of local community extend through mass media or different ways. In case of need following the results of the solution of descent of local community or meeting of local community akims of the city of district value, the village, settlement, rural district make the decision.".

6. In the Law of the Republic of Kazakhstan of December 19, 2003 "About advertizing" (Sheets of Parliament of the Republic of Kazakhstan, 2003, No. 24, Art. 174; 2006, No. 15, Art. 92; No. 16, Art. 102; 2007, No. 12, Art. 88; 2009, No. 17, Art. 79, 82; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 11, Art. 102; 2012, No. 3, Art. 25; No. 14, Art. 92):

in Article 11:

in Item 2:

state subitem 1-1) in the following edition:

"1-1) permission issued by local executive bodies of the city of republican value, the capital and city of regional value for certain term according to the procedure, established by the legislation of the Republic of Kazakhstan, - in case of placement of outdoor (visual) advertizing on open space outside rooms in the city of republican value, the capital and the city of regional value;";

add with subitems 1-2), 1-3), 1-4), 1-5) and 1-6) of the following content:

"1-2) permission issued by local executive bodies of the city of republican value, the capital and city of regional value for certain term according to the procedure, established by the legislation of the Republic of Kazakhstan, - in case of placement of outdoor (visual) advertizing on the vehicles registered in the city of republican value, the capital and the city of regional value;

1-3) documents issued by local executive body of area for certain term according to the procedure, established by the legislation of the Republic of Kazakhstan, in case of placement of outdoor (visual) advertizing on subjects of stationary advertizing in strip of withdrawal of highways public of regional value;

1-4) documents issued by local executive body of the area for certain term according to the procedure, established by the legislation of the Republic of Kazakhstan, in case of placement of outdoor (visual) advertizing on subjects of stationary advertizing in strip of withdrawal of highways public of district value;

1-5) permissions issued by local executive body of the area for certain term according to the procedure, established by the legislation of the Republic of Kazakhstan, in case of placement of outdoor (visual) advertizing on open space outside rooms in the city of district value, the village, the settlement;

1-6) permissions issued by local executive body of the area for certain term, according to the procedure, established by the legislation of the Republic of Kazakhstan, - in case of placement of outdoor (visual) advertizing on the vehicles registered in the area;";

state Items 3 and 4 in the following edition:

"3. For placement of outdoor (visual) advertizing on subjects of stationary advertizing in strip of withdrawal of highways public of republican and regional value, on open space outside rooms in the cities of republican value, the capital, the cities of regional value and on the vehicles registered in the cities of republican value, the capital, the cities of regional value the payment according to the procedure and the sizes established by the tax legislation of the Republic of Kazakhstan is levied.

For placement of outdoor (visual) advertizing on subjects of stationary advertizing in strip of withdrawal of highways public of district value, on open space outside rooms in the cities of district value, villages, settlements and on the vehicles registered in the area the payment according to the procedure and the sizes established by the Government of the Republic of Kazakhstan is levied.

4. The authorized bodies determined by Item 2 of this Article shall represent to bodies of Tax Service of the data on the issued allowing documents for placement of objects of outdoor (visual) advertizing in the cities of republican value, the capital and the cities of regional value according to the procedure, established by the tax legislation of the Republic of Kazakhstan.".

7. In the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" (Sheets of Parliament of the Republic of Kazakhstan, 2011, No. 5, Art. 42; No. 15, Art. 118; No. 16, Art. 129; No. 17, Art. 136; No. 24, Art. 196; 2012, No. 2, Art. 11, 16; No. 4, Art. 30, 32; No. 5, Art. 41; No. 6, Art. 43; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 95; No. 21-22, of Art. 124; 2013, No. 2, Art. 13):

Article 11 to add 1) with subitem 15-1) of the following content:

"15-1) approves the standard list of the district utility property transferred to the control to the akim of the city of district value, the village, settlement, rural district;";

2) subitems 2), of Article 18 to state 6), 9) and 16) in the following edition:

"2) manage district utility property if other is not provided by the laws of the Republic of Kazakhstan, perform measures for its protection;";

"6) provide district utility property in property employment (lease), trust management to physical persons and non-state legal entities without the right of the subsequent redemption, with the right of the subsequent redemption or the right of the subsequent transfer into the ownership to small business entities on a grant basis if other is not provided by the laws of the Republic of Kazakhstan;";

"9) is determined by the priority activities and obligatory amounts of works (services) financed from the budget, the utility state companies created by local executive bodies of areas, cities of regional value if other is not provided by the laws of the Republic of Kazakhstan;";

"16) make decisions on use of district utility property, including on its transfer as a deposit, property employment (lease), free use and trust management if other is not provided by the laws of the Republic of Kazakhstan;";

Item 5 of Article 122 to add 3) with part two of the following content:

"The control of district utility legal entities is transferred to akims of the cities of district value, villages, settlements, rural districts by the decision of local executive body of the area, city of regional value.";

Item 2 of Article 156 to state 4) in the following edition:

"2. The goods prices (works, services) made and realized by the utility state company are established by local executive body if other is not provided by the laws of the Republic of Kazakhstan.".

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

 

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