LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 3, 2013 No. 121-V ZRK

About modification and amendments in the Constitutional law of the Republic of Kazakhstan and in some legal acts of the Republic of Kazakhstan concerning exception of contradictions, gaps, collisions between rules of law of the different legal acts and regulations promoting making of corruption offenses"

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

1. In the Constitutional law of the Republic of Kazakhstan of July 20, 2000 "About the First President of the Republic of Kazakhstan - the Leader Nation" (Sheets of Parliament of the Republic of Kazakhstan, 2000, No. 10, Art. 232; 2010, No. 11, Art. 55; 2012, No. 1, Art. 2):

Second and third Article 3 to state 1) to part in the following edition:

"Immunity extends to all property belonging on the right of private property to the First President of the Republic of Kazakhstan - to the Leader Nation and jointly the members of his family living with it, and also to the residential and service premises used by them, office transport, means of communication, correspondence belonging to them documents. Immunity also extends to the property belonging to fund of the First President of the Republic of Kazakhstan - the Leader Nation.

On the property belonging on the right of private property to the First President of the Republic of Kazakhstan - to the Leader Nation and jointly the members of his family living with it, and also any restrictions cannot be imposed on property of its fund.";

Second and third Article 4 to state 2) to part in the following edition:

"The structure and the number of staff of Office of the First President of the Republic of Kazakhstan - the Leader Nation containing at the expense of means of the republican budget are established by the First President of the Republic of Kazakhstan - the Leader Natsii. The legislation on public service extends to the staff of Office of the First President of the Republic of Kazakhstan - the Leader Nation.

For placement of Office of the First President of the Republic of Kazakhstan - the Leader Nation the certain office equipped with office equipment (including the personal computers connected both to general network, and to all available legal bases and the state information systems, by the multiple copying equipment, devices of fax connection), is provided by means of communication, including government communication, necessary office furniture, and also it is provided with transport servicing.";

Part the second Article 9 to state 3) in the following edition:

"The private library and personal archive of the First President of the Republic of Kazakhstan - the Leader Nation are national property and are in property of the state.".

2. In the Civil code of the Republic of Kazakhstan (General part) accepted by the Supreme Council of the Republic of Kazakhstan on December 27, 1994 (Sheets of the Supreme Council of the Republic of Kazakhstan, 1994, No. 23-24 (appendix); 1995, No. 15-16, of Art. 109; No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 187; No. 14, Art. 274; No. 19, Art. 370; 1997, No. 1-2, of Art. 8; No. 5, Art. 55; No. 12, Art. 183, 184; Art. No. 13-14, 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; Art. No. 17-18, 224, 225; No. 23, Art. 429; 1999, No. 20, Art. 727, 731; No. 23, Art. 916; 2000, No. 18, Art. 336; No. 22, Art. 408; 2001, No. 1, Art. 7; No. 8, Art. 52; No. 17-18, of Art. 240; No. 24, Art. 338; 2002, No. 2, Art. 17; No. 10, Art. 102; 2003, No. 1-2, of Art. 3; No. 11, Art. 56, 57, 66; No. 15, Art. 139; No. 19-20, of Art. 146; 2004, No. 6, Art. 42; No. 10, Art. 56; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 10, Art. 31; No. 14, Art. 58; No. 23, Art. 104; 2006, No. 1, Art. 4; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 2, Art. 18; No. 3, Art. 20, 21; No. 4, Art. 28; No. 16, Art. 131; No. 18, Art. 143; No. 20, Art. 153; 2008, No. 12, Art. 52; No. 13-14, of Art. 58; No. 21, Art. 97; No. 23, Art. 114, 115; 2009, Art. No. 2-3, 7, 16, 18; No. 8, Art. 44; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 125, 134; 2010, No. 1-2, of Art. 2; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 2, Art. 21, 28; No. 3, Art. 32; No. 4, Art. 37; No. 5, Art. 43; No. 6, Art. 50; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13, 15; No. 6, Art. 43; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 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 Kazakhstan and Kazakhstan Truth newspapers on May 25, 2013):

Heading of Article 43 to state 1) in table of contents in the following edition:

"Article 43. Branches and representations of the legal entity, and also other isolated structural divisions of the legal entity (public institution)";

Article 43 to state 2) in the following edition:

"Article 43. Branches and representations of the legal entity, and also other isolated structural divisions of the legal entity (public institution)

1. Branch is the separate division of the legal entity located out of the place of its stay and performing everything or part of its functions including functions of representation.

2. Representation is the separate division of the legal entity located out of the place of its stay and performing protection and the representation of interests of the legal entity making from his name transactions and other legal actions, except as specified, provided by legal acts of the Republic of Kazakhstan.

3. Branches and representations are not legal entities. They are allocated with property the legal entity who created them and act on the basis of the provisions approved by it.

4. Other isolated structural division of the legal entity (public institution) territorially separate division in which location the stationary workplaces performing part of functions of the legal entity (public institution) are equipped is recognized. The workplace is considered stationary if it is created for the term of more than one month.

Other isolated structural division of the legal entity (public institution) is created in the cases which are directly provided by the laws.

5. Heads of structural divisions (branches and representations) of public associations are elected according to the procedure, the provided charter of public association and regulations on its branch or representation.

Heads of structural divisions (branches and representations) of religious associations are chosen or appointed according to the procedure, the provided charter of religious consolidation and regulations on its branch or representation.

Heads of branches and representations of other forms of legal entities are appointed by authorized body of the legal entity and act on the basis of the its powers of attorney.";

To replace 3) in item 4 of Article 167 of the word of "the aul (village)" with the word of "village".

3. In the Criminal Code of Kazakhstan of July 16, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 15-16, of Art. 211; 1998, No. 16, Art. 219; No. 17-18, of Art. 225; 1999, No. 20, Art. 721; No. 21, Art. 774; 2000, No. 6, Art. 141; 2001, No. 8, Art. 53, 54; 2002, No. 4, Art. 32, 33; No. 10, Art. 106; No. 17, Art. 155; No. 23-24, of Art. 192; 2003, No. 15, Art. 137; No. 18, Art. 142; 2004, No. 5, Art. 22; No. 17, Art. 97; No. 23, Art. 139; 2005, No. 13, Art. 53; No. 14, Art. 58; No. 21-22, of Art. 87; 2006, No. 2, Art. 19; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 12, Art. 72; No. 15, Art. 92; 2007, No. 1, Art. 2; No. 4, Art. 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 17, Art. 140; 2008, No. 12, Art. 48; No. 13-14, of Art. 58; No. 17-18, of Art. 72; No. 23, Art. 114; No. 24, Art. 126; 2009, No. 6-7, of Art. 32; No. 13-14, of Art. 63; Art. No. 15-16, 71, 73, 75; No. 17, Art. 82, 83; No. 24, Art. 121, 122, 125, 127, 128, 130; 2010, No. 1-2, of Art. 5; No. 7, Art. 28, 32; No. 11, Art. 59; No. 15, Art. 71; No. 20-21, of Art. 119; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 9; No. 2, Art. 19, 28; No. 19, Art. 145; No. 20, Art. 158; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13; No. 3, Art. 26, 27; No. 4, Art. 30; No. 5, Art. 35, 36; No. 10, Art. 77; No. 12, Art. 84; 2013, No. 1, Art. 2; 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 Kazakhstan and Kazakhstan Truth newspapers on May 25, 2013):

Table of contents to add 1) with heading of Article 338-1 of the following content:

"Article 338-1. Violation of emergency rule";

2) in Article 96:

change in paragraph one of part one in Kazakh is made, the text in Russian does not change;

in part two:

change in paragraph one in Kazakh is made, the text in Russian does not change;

Items) and o) to state in the following edition:

"g) made by group of persons, group of persons by previous concert;";

"o) obviously minor;";

add with Item п) the following content:

"o) made by organized group, -";

Part third of Article 241 to state 3) in the following edition:

"3. Appeals to active non-obedience to legal requirements of public agents and to mass riots, and equally in appeals to violence over citizens

are punished by penalty in the amount of two hundred to five hundred monthly settlement indicators or restriction of freedom for a period of up to seven years, or imprisonment for a period of up to six years.";

To add 4) with Article 338-1 of the following content:

"Article 338-1. Violation of emergency rule

1. Violation of the measures and temporary restrictions applied in the conditions of emergency state, and is equal non-execution of legal orders and orders of the commandant of the area, the entailed heavy effects,

are punished by penalty in the amount of two hundred to five hundred monthly settlement indicators or restriction of freedom for a period of up to three years, or imprisonment for the same term.

2. Same acts, committed:

a) official;

b) group of persons by previous concert or organized group,

are punished by imprisonment for a period of three up to five years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without that.".

4. In the Code of penal procedure of the Republic of Kazakhstan of December 13, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 23, Art. 335; 1998, No. 23, Art. 416; 2000, No. 3-4, of Art. 66; No. 6, Art. 141; 2001, No. 8, Art. 53; No. 15-16, of Art. 239; No. 17-18, of Art. 245; No. 21-22, of Art. 281; 2002, No. 4, Art. 32, 33; No. 17, Art. 155; No. 23-24, of Art. 192; 2003, No. 18, Art. 142; 2004, No. 5, Art. 22; No. 23, Art. 139; No. 24, Art. 153, 154, 156; 2005, No. 13, Art. 53; No. 21-22, of Art. 87; No. 24, Art. 123; 2006, No. 2, Art. 19; No. 5-6, of Art. 31; No. 12, Art. 72; 2007, No. 1, Art. 2; No. 5-6, of Art. 40; No. 10, Art. 69; No. 13, Art. 99; 2008, No. 12, Art. 48; Art. No. 15-16, 62, 63; No. 23, Art. 114; 2009, No. 6-7, of Art. 32; Art. No. 15-16, 71, 73; No. 17, Art. 81, 83; No. 23, Art. 113, 115; No. 24, Art. 121, 122, 125, 127, 128, 130; 2010, No. 1-2, of Art. 4; No. 11, Art. 59; No. 17-18, of Art. 111; No. 20-21, of Art. 119; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 9; No. 2, Art. 19, 28; No. 19, Art. 145; No. 20, Art. 158; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 3, Art. 26; No. 4, Art. 32; No. 5, Art. 35; No. 6, Art. 44; No. 10, Art. 77; No. 14, Art. 93; 2013, No. 2, Art. 10, 13; 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 Kazakhstan and Kazakhstan Truth newspapers on May 25, 2013):

Part one of Article 37 to add 1) with Item 13) of the following content:

"13) in case of recognition by the Constitutional Council of the Republic of Kazakhstan unconstitutional the law or other regulatory legal act which is subject to application on this criminal case on which qualification of act as crimes depends.";

2) in part one of Article of the 39th figure "1, 2, 5, 7, 8" shall be replaced with words "1), 2), 5), 7), 8) and 13)";

In the paragraph the second parts 1-1 of Article 50 of the word "The Court Has the Right" "The court in the presence of the petition of the party of protection" shall shall be replaced with words 3);

Part one of Article 58 to state 4) in the following edition:

"1. Consideration of criminal cases in Trial Courts is performed solely by the judge, and on cases on crimes for which making the penal statute provides capital punishment or lifelong imprisonment according to the petition of the person accused, as a part of one judge and ten jury members, except for cases on the crimes provided by Articles 96 (Item п) parts two), 162 (part four), 165, 166-1, 167, 171, 233 (part four), 235-1 (part five), 250 (part four), 259 (part four), 260 (part four), 261 (part four) of the Criminal Code of Kazakhstan.";

Article 137 to state 5) in the following edition:

"Article 137. Procedure for detention of detainees on suspicion of crime execution

Detainees on suspicion of crime execution contain in temporary detention centers. The military personnel and persons serving custodial sanction detained on suspicion of crime execution can also contain respectively on guardrooms and in the organizations of criminal executive system performing custodial sanction. In the cases provided by part three of article 65 of this Code, detainees on suspicion of crime execution contain in specially adapted rooms determined by the chief of body of inquiry. In the conditions of emergency rule detainees on suspicion of crime execution can contain in the rooms adapted for these purposes determined by the commandant of the area. The procedure and conditions of detention of persons detained on suspicion of crime execution are determined by the legislation of the Republic of Kazakhstan.";

192 figures "335 - 338," to replace 6) in Article part two with figures "335 - 338-1,";

In paragraph one of part one of Article 237 of the word "241 (part three);" to exclude 7);

To state part 3-1 of Article 301 in the following edition:

"3-1. During initial hearing the judge finds out from the defendant accused of crime execution for which making the penal statute provides capital punishment or lifelong imprisonment, except for the crimes provided by Articles 96 (Item п) parts two), 162 (part four), 165, 166-1, 167, 171, 233 (part four), 235-1 (part five), 250 (part four), 259 (part four), 260 (part four), 261 (part four) of the Criminal Code of Kazakhstan, about availability at it of the petition for consideration of its jury case of assessors.";

Article 314 to add 9) with part four of the following content:

"4. In case of carrying out by the Constitutional Council the Republic of Kazakhstan at the initiative of other court of check of constitutionality of the law or other regulatory legal act which is subject to application on criminal case, the chairman notifies on it the party of protection.";

Article 367 to add 10) with part three of the following content:

"3. In case of carrying out by the Constitutional Council the Republic of Kazakhstan at the initiative of other court of check of constitutionality of the law or other regulatory legal act which is subject to application on criminal case, the judge postpones the resolution of sentence until decision by the Constitutional Council of the Republic of Kazakhstan.";

The word of "conflict" shall be replaced with words 11) in Article 391 part five "dispute (conflict)";

Article 543 to state 12) in the following edition:

"Article 543. Put cognizance to court with participation of jury members

1. The court with participation of jury members considers cases on crimes for which making the penal statute provides capital punishment or lifelong imprisonment, except for cases on the crimes provided by Articles 96 (Item п) parts two), 162 (part four), 165, 166-1, 167, 171, 233 (part four), 235-1 (part five), 250 (part four), 259 (part four), 260 (part four), 261 (part four) of the Criminal Code of Kazakhstan, and also cases on application of enforcement powers of medical nature to persons who made the specified acts in condition of diminished responsibility or the patient with sincere disease after their making.

2. If person is accused of making of the crimes provided by several articles of the Criminal Code of Kazakhstan, the person accused has the right to consideration of its case by court with participation of jury members if one crime for which making the penal statute provides capital punishment or lifelong imprisonment, except for cases on the crimes provided by Articles 96 (Item п) parts two enters such cumulative offenses at least), 162 (part four), 165, 166-1, 167, 171, 233 (part four), 235-1 (part five), 250 (part four), 259 (part four), 260 (part four), 261 (part four) of the Criminal Code of Kazakhstan.

3. If on case several persons are accused, consideration by its court with participation of jury members is made by the rules provided by this Section concerning all defendants if at least one of them declares the petition for consideration of criminal case with participation of jury members.".

5. In the Penitentiary code of the Republic of Kazakhstan of December 13, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 24, Art. 337; 2000, No. 6, Art. 141; No. 8, Art. 189; No. 18, Art. 339; 2001, No. 8, Art. 53; No. 17-18, of Art. 245; No. 24, Art. 338; 2002, No. 23-24, of Art. 192; 2004; No. 5, Art. 22; No. 23, Art. 139, 142; No. 24, Art. 154; 2005, No. 13, Art. 53; 2006, No. 11, Art. 55; 2007, No. 2, Art. 18; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 17, Art. 140; No. 20, Art. 152; 2008, No. 23, Art. 114; 2009, No. 15-16, of Art. 73; No. 24, Art. 128, 130; 2010, No. 7, Art. 28; 2011, No. 2, Art. 19; No. 19, Art. 145; No. 20, Art. 158 of 2012, No. 3, Art. 26; No. 4, Art. 32; No. 5, Art. 35; 2013, No. 1, Art. 2):

in Item 1 of Article 30 of the word "the aul (village), aulny (rural)" sat down shall be replaced with words ", rural".

6. In the Code of civil procedure of the Republic of Kazakhstan of July 13, 1999 (The sheet of Parliament of the Republic of Kazakhstan 1999, No. 18, Art. 644; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; 2001, No. 8, Art. 52; No. 15-16, of Art. 239; No. 21-22, of Art. 281; No. 24, Art. 338; 2002, No. 17, Art. 155; 2003, No. 10, Art. 49; No. 14, Art. 109; No. 15, Art. 138; 2004, No. 5, Art. 25; No. 17, Art. 97; No. 23, Art. 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 13, Art. 53; No. 24, Art. 123; 2006, No. 2, Art. 19 No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72; No. 13, Art. 86; 2007, No. 3, Art. 20; No. 4, Art. 28; No. 9, Art. 67; No. 10, Art. 69; No. 13, Art. 99; 2008, No. 13-14, of Art. 56; No. 15-16, of Art. 62; 2009, No. 15-16, of Art. 74; No. 17, Art. 81; No. 24, Art. 127, 130; 2010, No. 1-2, of Art. 4; No. 3-4, of Art. 12; No. 7, Art. 28, 32; No. 17-18, of Art. 111; No. 22, Art. 130; No. 24, Art. 151; 2011, No. 1, Art. 9; No. 2, Art. 28; No. 5, Art. 43; No. 6, Art. 50; No. 14, Art. 117; No. 16, Art. 128, 129; No. 23, Art. 179 of 2012, No. 2, Art. 14; No. 6, Art. 43, 44; No. 8, Art. 64 No. 13, Art. 91; No. 14, Art. 93; Art. No. 21-22, 124):

Table of contents to add 1) with heading of Article 317-16 of the following content:

"Article 317-16. Suspension of execution of the court ruling about expulsion";

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