LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 2016 No. 34-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the competition and the state support of housing construction

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

1. In the Ecological code of the Republic of Kazakhstan of January 9, 2007 (The sheet of Parliament of the Republic of Kazakhstan, 2007, No. 1, Art. 1; No. 20, Art. 152; 2008, No. 21, Art. 97; No. 23, Art. 114; 2009, No. 11-12, of Art. 55; No. 18, Art. 84; No. 23, Art. 100; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2, 3, 7; No. 5, Art. 43; No. 11, Art. 102; No. 12, Art. 111; No. 16, Art. 129; No. 21, Art. 161; 2012, No. 3, Art. 27; No. 8, Art. 64; No. 14, Art. 92, 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 9, Art. 51; No. 12, Art. 57; No. 14, Art. 72, 75; 2014, No. 1, Art. 4; No. 2, Art. 10; No. 7, Art. 37; No. 10, Art. 52; No. 12, Art. 82; No. 14, Art. 84; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 8, Art. 42; No. 11, Art. 57; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 22-I, Art. 141; No. 22-II, Art. 144; No. 22-V, Art. 156; 2016, No. 1, Art. 2; No. 6, Art. 45; No. 7-II, Art. 56, 57; No. 8-II, Art. 71, 72):

The subitem 2) of Article 285-2 to state 1) in the following edition:

"2) production incentive in the Republic of Kazakhstan of environmentally friendly automotive vehicles (corresponding to ecological class 4 above; with electric motors) and their components in the way:

financings of their producers in the following directions: content of workplaces; use of energy resources; implementation of research and developmental developments; carrying out the testing connected with production; support of warranty obligations;

financings of the discount provided by the producer to physical persons and legal entities in case of acquisition of the vehicle by them in the territory of the Republic of Kazakhstan made in the Republic of Kazakhstan.

Rules of production incentive in the Republic of Kazakhstan of environmentally friendly automotive vehicles (corresponding to ecological class 4 above; with electric motors) and their components are established:

form of the standard agreement between producers of environmentally friendly automotive vehicles and the operator of expanded obligations of producers (importers) with indication of terms and the amounts of financing;

forms of the reporting on production of environmentally friendly automotive vehicles and terms of their representation of expanded obligations to the operator of producers (importers);

requirements to producers of environmentally friendly automotive vehicles;

conditions, including procedure for determination of the size, and procedure for financing of the discount provided by the producer to physical persons and legal entities in case of realization of the vehicle made in the Republic of Kazakhstan by provision of the document confirming delivery on utilization of the vehicle which left operation providing the right to discount for acquisition of the vehicle in the territory of the Republic of Kazakhstan made in the Republic of Kazakhstan;";

Item 1 of Article 285-4 to add 2) with subitems 10-1) and 10-2) of the following content:

"10-1) issue of the documents confirming delivery on utilization of the vehicle which left operation including providing the right to discount for acquisition of the vehicle in the territory of the Republic of Kazakhstan made in the Republic of Kazakhstan;

10-2) development and approval of rules and conditions of issue of the documents confirming delivery on utilization of the vehicle which left operation including providing the right to discount for acquisition of the vehicle in the territory of the Republic of Kazakhstan made in the Republic of Kazakhstan;".

2. Is not valid from January 1, 2018

3. In the Code of the Republic of Kazakhstan of June 30, 2010 "About customs affairs in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2010, No. 14, Art. 70; No. 24, Art. 145; 2011, No. 1, Art. 3; No. 11, Art. 102; No. 19, Art. 145; 2012, No. 2, Art. 15; No. 13, Art. 91; No. 15, Art. 97; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 1, Art. 3; No. 2, Art. 13; No. 7, Art. 36; No. 10-11, of Art. 56; No. 14, Art. 72; No. 15, Art. 81; No. 16, Art. 83; 2014, No. 4-5, of Art. 24; No. 10, Art. 52; No. 11, Art. 61; No. 12, Art. 82; No. 14, Art. 84; No. 16, Art. 90; No. 19-I, 19-II, Art. 94, 96; No. 21, Art. 122, 123; No. 23, Art. 143; 2015, No. 8, Art. 42; No. 11, Art. 52; No. 15, Art. 78; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 22-ІІ, Art. 144, 145; No. 22-V, Art. 156; No. 23-I, Art. 169; 2016, No. 6, Art. 45; No. 8-І, Art. 65; No. 12, Art. 87; The Law of the Republic of Kazakhstan of November 30, 2016 "About modification and amendments in some legal acts of the Republic of Kazakhstan on the tax matters and customs administration", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 6, 2016):

add Article 301 with Item 4-1 of the following content:

"4-1. The goods specified in the subitem 1) of Item 1 of this Article, imported on customs area of the Customs union within implementation of special investment contracts are considered conditionally issued until the termination of their target use.

The procedure for recognition of target use of such goods, including terms, is determined by authorized bodies of the Republic of Kazakhstan in spheres of the industry and industrial and innovative development and development of agro-industrial complex in coordination with authorized body in the field of customs affairs.".

4. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-I, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79; No. 19-I, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-I, Art. 124, 125; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-I, Art. 140, 141, 143; No. 22-II, Art. 144, 145, 148; No. 22-III, Art. 149; No. 22-V, Art. 152, 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-I, Art. 166, 169; No. 23-II, Art. 172; 2016, No. 1, Art. 4; No. 2, Art. 9; No. 6, Art. 45; No. 7-I, Art. 49, 50; No. 7-II, Art. 53, 57; No. 8-I, Art. 62, 65; No. 8-II, Art. 66, 67, 68, 70, 72; No. 12, Art. 87; The Law of the Republic of Kazakhstan of November 30, 2016 "About modification and amendments in some legal acts of the Republic of Kazakhstan on the tax matters and customs administration", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 6, 2016):

Headings of Articles 163, of 164, of 166, 167 and 714 to state 1) in table of contents in the following edition:

"Article 163. Anti-competitive actions (failure to act) of the state, local executive bodies, the organizations equipped with the state functions of regulation of activities of subjects of the market, unfair competition

Article 164. Violation of the law of the Republic of Kazakhstan about natural monopolies";

"Article 166. Violation of obligations by the subject of the socially significant market

Article 167. Non-compliance with procedure for pricing by the subject of the socially significant market";

"Article 714. The authorized body performing management in spheres of natural monopolies";

8) parts one of Article 44 of the word "and controlled markets" to exclude 2) in the subitem;

To exclude 3) in part two of Article 62 of the word "and controlled markets";

Heading and part one of Article 163 to state 4) in the following edition:

"Article 163. Anti-competitive actions (failure to act) of the state, local executive bodies, the organizations equipped with the state functions of regulation of activities of subjects of the market, unfair competition

1. Anti-competitive actions (failure to act) of the state, local executive bodies, the organizations equipped with the state functions of regulation of activities of subjects of the market

attract penalty on officials in the amount of three hundred monthly settlement indicators.";

5) in Article 164:

in heading of the word "and controlled markets" to exclude;

in part one of the word "and in the controlled markets" to exclude;

in part three of the word "and controlled markets" to exclude;

in part four of the word "and controlled markets", "and in the controlled markets" to exclude;

Article 166 to state 6) in the following edition:

"Article 166. Violation of obligations by the subject of the socially significant market

1. Failure to provide by the subject of the socially significant market of information on selling prices with appendix of the proving materials confirming the level of the price, the financial reporting according to the legislation of the Republic of Kazakhstan on financial accounting and the financial reporting, and also information on production volumes (realization), level of profitability and selling prices of exclusively made (implementable) goods (works, services) in the terms established by the Entrepreneurial code of the Republic of Kazakhstan, and is equal provision of unreliable and (or) incomplete information in the authorized body performing management in spheres of natural monopolies

attract penalty on small business entities in the amount of three hundred, on subjects of medium business - in the amount of four hundred, on subjects of big business - in the amount of two thousand monthly settlement indicators.

2. Non-execution by the subject of the socially significant market of the investing program (project) considered in marginal price

attracts penalty on small business entities, on subjects of medium business, on subjects of big business in the amount of ten percent from the amounts which are not used on realization of investing programs (projects).

3. Non-execution by the subject of the socially significant market of obligation on return of the income (revenue) received and not used on realization of investing programs (projects) considered in marginal prices, to consumers or in case of impossibility of establishment of the complete list of consumers by decrease in ceiling level of price for the forthcoming period according to procedure for pricing

attracts penalty on small business entities in the amount of sixty five, on subjects of medium business - in the amount of eighty, on subjects of big business - in the amount of hundred percent from income amount (revenue), the administrative offense received as a result of making.

4. Non-execution by the subject of the socially significant market of obligation on return of the income (revenue) received as a result of price marginal unreasonable exceeding, to consumers or in case of impossibility of establishment of the complete list of consumers by decrease in ceiling level of price for the forthcoming period according to procedure for pricing

attracts penalty on small business entities in the amount of sixty five, on subjects of medium business - in the amount of eighty, on subjects of big business - in the amount of hundred percent from income amount (revenue), the administrative offense received as a result of making.

5. Advance in price and sales of goods (works, services) by the subject of the socially significant market without submission to the authorized body performing management in spheres of natural monopolies, notifications on the forthcoming advance in price in the terms established by the legislation of the Republic of Kazakhstan, and is equal not decrease in the operating or projectible price to the level of the price determined by the authorized body performing management in spheres of natural monopolies, according to the procedure, established by the Entrepreneurial code of the Republic of Kazakhstan,

attract penalty on small business entities, on subjects of medium business, on subjects of big business in the amount of ten percent from the income (revenue) received as a result of making of administrative offense.

Notes.

1. As income (revenue) gained as a result of making of administrative offense it is understood:

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