Article 324. The procedure for the enactment of this Code of the Entrepreneurial Code of the Republic of Kazakhstan

Home / RLA / Article 324. The procedure for the enactment of this Code of the Entrepreneurial Code of the Republic of Kazakhstan

1. This Code shall enter into force on January 1, 2016, with the exception of:

1) subparagraph 2) of the second part of paragraph 2 of Article 36 and subparagraph 5) of paragraph 2 of Article 38 of this Code, which enter into force on February 6, 2016;

2) the second part of paragraph 4 of Article 193 of this Code, which comes into force on March 1, 2016;

3) the title of Article 211 of the table of contents, Article 211, subparagraph 2) of paragraph 2 of Article 290 of this Code, which enter into force on January 1, 2017;

4) subparagraph 19) of paragraph 2 of Article 3, Article 22, paragraph 2 of Article 58, Article 62, paragraph five of the third part of paragraph 2 of Article 80 and subparagraph 4) of paragraph 2 of Article 82 of this Code, which come into force after the enactment of the legislative act on self-regulation;

5) the provisions of the third part of paragraph 1 of Article 65, Article 66 of this Code regarding expert opinions on the concepts of draft laws affecting the interests of business entities shall enter into force after the enactment of the legislative act on legal acts.;

6) subparagraph 111) of Article 138 of this Code, which comes into force after the enactment of the legislative act on the production of organic products.

2. To establish that the headings of articles 173 and 197 are tables of contents, subitems 9), 13) and 14) of Article 88, subitem 4) of paragraph 3 of Article 116, subitem 68) of Article 138, Article 173, subitem 3) of Article 195, subitem 2) of paragraph 6 of Article 196, Article 197, subitem 6) of paragraph 1 Articles 292 of this Code are valid until January 1, 2017.

3. To establish that the title of Article 119 of the table of contents of this Code, before January 1, 2017, is set out in the following wording:

"Article 119. Pricing of goods, works, and services produced and sold by regulated market entities."

4. To suspend until March 1, 2016 the operation of the first paragraph of paragraph 1 of Article 36 of this Code, having established that during the period of suspension this paragraph is valid in the following wording:

"1. For state registration as an individual entrepreneur, an individual submits directly to the state revenue authority or through the public service center:".

5. To suspend the operation of subitems 7) and 16) of Article 88 of this Code until January 1, 2017, having established that during the suspension period these subitems are valid in the following wording:

"7) prevents and eliminates abuses of a dominant or monopolistic position in the relevant commodity market, with the exception of violations provided for by the legislation of the Republic of Kazakhstan on natural monopolies and regulated markets;";

"16) identifies a monopolistically high (low), monopsonally low price set by a market entity occupying a dominant or monopolistic position, with the exception of market entities selling goods on regulated markets;".

6. To suspend until March 1, 2016 the operation of subparagraph 2) of paragraph 2 of Article 110 of this Code, having established that during the period of suspension this subparagraph is valid in the following wording:

"2) appeal against decisions, actions (inaction) of licensing authorities and state bodies receiving notifications and (or) their officials, public service centers and (or) their employees on issues related to licensing and licensing procedures or receiving notifications in accordance with the procedure established by the legislation of the Republic of Kazakhstan;".

7. To suspend until March 1, 2016 the operation of subparagraph 4) of paragraph 3 of Article 111 of this Code, having established that during the period of suspension this subparagraph is valid in the following wording:

"4) to provide state bodies and public service centers with documents and (or) information necessary for the implementation of licensing and licensing procedures, including through information systems;".

8. To suspend the operation of paragraphs 1 and 2 of Article 118 of this Code until January 1, 2017, having established that during the suspension period these paragraphs are valid in the following wording:

"1. Tariff setting for goods, works, and services in the field of natural monopoly is carried out in accordance with the legislation of the Republic of Kazakhstan on natural monopolies and regulated markets.

2. Tariffs (prices, rates of fees) or their maximum levels for regulated goods, works, and services of a natural monopoly entity, approved by the authorized body in the fields of natural monopolies and regulated markets, taking into account the quality and reliability of the goods produced, works performed, and services provided, should not be lower than the cost required to provide the regulated goods, works, services, and take into account the possibility of making a profit that ensures the effective functioning of the natural monopoly entity.".

9. Suspend the operation of Article 119 of this Code until January 1, 2017, having established that during the period of suspension this article is valid in the following wording:

"Article 119. Pricing of goods, works, and services produced and sold by regulated market entities

1. State regulation of prices applies to goods, works, and services of regulated market entities in the field of railway transport, electric and thermal energy, petroleum products production, oil transportation, civil aviation, port activities, telecommunications and postal communications, as well as gas, taking into account the specifics established by the Law of the Republic of Kazakhstan "On Gas and Gas Supply".

The authorized body responsible for managing natural monopolies and regulated markets approves the list of goods, works, and services of regulated market entities subject to state price regulation.

2. As a temporary measure for a certain period of time in the territory of the Republic of Kazakhstan, in accordance with the procedure determined by the antimonopoly authority, state price regulation may be introduced in certain commodity markets and (or) for goods, works, and services of certain market entities.

The total period of application of the state price regulation provided for in this paragraph may not exceed 180 calendar days within one year.

3. Pricing of goods, works, and services produced and sold by regulated market entities is carried out in accordance with the legislation of the Republic of Kazakhstan on natural monopolies and regulated markets by setting a marginal price.".

10. To suspend until January 1, 2017 the operation of paragraph 2 of Article 122 of this Code, having established that during the period of suspension this paragraph is valid in the following wording:

"2. The authorized body in the field of production of petroleum products, in coordination with the authorized body responsible for the management of natural monopolies and regulated markets, in accordance with the procedure approved by the authorized body in the field of production of petroleum products, sets the maximum prices for the retail sale of petroleum products for which state price regulation is established.".

10-1. To establish that paragraphs 2 and 3 of Article 124-5 are valid until January 1, 2025.

11. To suspend until January 1, 2017 the operation of subparagraph 54) of Article 138 of this Code, having established that during the period of suspension this subparagraph is valid in the following wording:

"54) for the receipt of taxes and other mandatory payments to the budget, as well as the completeness and timely transfer of mandatory pension contributions, mandatory occupational pension contributions to the unified accumulative pension fund and social contributions to the State Social Insurance Fund;".

12. To suspend until January 1, 2017 the operation of paragraph 3 of Article 193 of this Code, having established that during the period of suspension this paragraph is valid in the following wording:

1) from January 1, 2016 to March 1, 2016:

"3. The exclusive right is implemented by creating a state monopoly entity. The subject of a state monopoly can only be a state-owned enterprise established by the Government of the Republic of Kazakhstan or local executive bodies of regions, cities of republican significance, the capital by decision of the Government of the Republic of Kazakhstan.";

2) from March 1, 2016 to January 1, 2017:

"3. The exclusive right is implemented by creating a state monopoly entity. The subject of a state monopoly, with the exception of the Government for Citizens State Corporation, can only be a state-owned enterprise established by the Government of the Republic of Kazakhstan or local executive bodies of regions, cities of republican significance, the capital by decision of the Government of the Republic of Kazakhstan.".

13. Suspend for the period from March 1, 2016 to January 1, 2017 the operation of the second part of paragraph 4 of Article 193 of this Code, having established that during the period of suspension this part is valid in the following wording:

"The restrictions provided for in subparagraphs 1) and 2) of Part one of this paragraph do not apply to the Government for Citizens State Corporation.

14. To suspend until January 1, 2017 the operation of subparagraph 1) of paragraph 2 of Article 241 of this Code, having established that during the period of suspension this subparagraph is valid in the following wording:

"1) in accordance with the procedure and under the conditions stipulated by the legislation of the Republic of Kazakhstan, are exempt from payment for connected capacity for electricity, heat, water supply and sewerage with the application of the legislation of the Republic of Kazakhstan on natural monopolies and regulated markets;".

14-1. To suspend until January 1, 2026 the operation of paragraph 4-1 and subparagraph 4) of paragraph 6 of Article 129 of this Code.

15. Invalidate them:

1) The Law of the Republic of Kazakhstan dated March 31, 1998 "On peasant or farming" (Gazette of the Parliament of the Republic of Kazakhstan, 1998, No. 2-3, art. 26; 2001, No. 24, art. 338; 2003, No. 1-2, art. 6; No. 4, art. 26; No. 24, art. 178; 2006, No. 1, Article 5; No. 15, Article 95; 2007, No. 9, Article 67; No. 15, Article 106; No. 18, Article 143; 2008, No. 24, Article 129; 2009, No. 15-16, Article 76; 2010, No. 5, Article 23; 2011, No. 6, Article 49; 2013, No. 14, Article 72; 2014, No. 21, Article 122);

2) The Law of the Republic of Kazakhstan dated January 8, 2003 "On Investments" (Bulletin of the Parliament of the Republic of Kazakhstan, 2003, No. 1-2, Article 4; 2005, No. 9, Article 26; 2006, No. 3, Article 22; 2007, No. 4, Article 28; 2008, No. 15-16, art. 64; No. 23, art. 114; 2009, No. 2-3, art. 18; 2010, No. 5, art. 23; 2012, No. 2, art. 11; No. 6, art. 46; No. 15, art. 97; No. 21-22, art. 124; 2013, no. 15, Article 82; 2014, No. 11, Article 64; No. 21, Article 122; No. 23, Article 143);

3) The Law of the Republic of Kazakhstan dated January 31, 2006 "On Private Entrepreneurship" (Gazette of the Parliament of the Republic of Kazakhstan, 2006, No. 3, Article 21; No. 16, Article 99; No. 23, Article 141; 2007, No. 2, Article 18; No. 3, Article 20; No. 17, 136; 2008, No. 13-14, Articles 57, 58; No. 15-16, Articles 60; No. 23, Articles 114; No. 24, Articles 128, 129; 2009, No. 2-3, Articles 18, 21; No. 9-10, Articles 47, 48; No. 11-12, Articles 54; No. 15-16, Articles 74, 77; No. 17, Articles 82; No. 18, Articles 84, 86; No. 19, Articles 88; No. 23, Articles 97; No. 24, Articles 125, 134; 2010, No. 5, Articles 23; No. 7, Articles 29; No. 15, Articles 71; No. 22, Article 128; No. 24, Article 149; 2011, No. 1, Article 2; No. 2, Article 26; No. 6, Article 49; No. 11, Article 102; 2012, No. 15, Article 97; No. 20, Article 121; No. 21-22, Article 124; 2013, No. 1, Article 3; No. 5-6, Article 30; No. 14, Article 75; No. 15, Article 81; No. 21-22, Article 115; 2014, No. 1, Article 4; No. 4-5, Article 24; No. 10, Article 52; No. 14, Article 84; No. 16, Article 90; No. 19-I, 19-II, Articles 94, 96; No. 21, Article 122; No. 22, Article 131; No. 23, Article 143; 2015, No. 8, Article 42; No. 11, Article 52);

4) The Law of the Republic of Kazakhstan dated December 25, 2008 "On Competition" (Bulletin of the Parliament of the Republic of Kazakhstan, 2008, No. 24, Article 125; 2009, No. 15-16, Article 74; 2010, No. 5, Article 23; 2011, No. 6, Article 50; No. 11, Article 102; No. 12, Article 111; 2012, No. 13, Article 91; No. 14, Article 95; No. 15, Article 97; 2013, No. 4, Article 21; No. 10-11, Article 56; No. 14, Article 72; 2014, No. 1, Article 4; No. 4-5, art. 24; No. 14, art. 84; No. 19-I, 19-II, art. 96; No. 21, art. 122; No. 23, art. 143; 2015, No. 8, art. 42; No. 9, art. 46);

5) The Law of the Republic of Kazakhstan dated January 6, 2011 "On State Control and Supervision in the Republic of Kazakhstan" (Bulletin of the Parliament of the Republic of Kazakhstan, 2011, No. 1, art. 1; No. 2, art. 26; No. 11, art. 102; No. 15, art. 120; 2012, No. 1, art. 5; No. 2, Articles 9, 14; No. 3, Articles 21, 25, 27; No. 8, Article 64; No. 10, Article 77; No. 11, Article 80; No. 13, Article 91; No. 14, Articles 92, 95; No. 15, Article 97; No. 20 121; No. 23-24, Article 125; 2013, No. 2, Article 11; No. 10-11, Article 56; No. 14, Article 72; No. 16, Article 83; No. 21-22, Article 115; No. 23-24, Article 116; 2014, No. 4-5, Article 24; No. 7, art. 37; No. 8, art. 49; No. 10, art. 52; No. 11, art. 61, 67; No. 14, art. 84; No. 16, Article 90; No. 19-I, 19-II, Article 96; No. 21, Article 122; No. 23, Article 143; No. 24, Article 144; 2015, No. 9, Article 46);

6) The Law of the Republic of Kazakhstan dated January 9, 2012 "On state support for industrial and innovative activities" (Bulletin of the Parliament of the Republic of Kazakhstan, 2012, No. 2, art. 10; No. 14, art. 92; 2013, No. 9, art. 51; No. 14, art. 75; No. 15, art. 81; 2014, No. 1, Article 4; No. 11, Article 63; No. 19-I, 19-II, Article 96).

The Business Code of the Republic of Kazakhstan dated October 29, 2015

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Republic of Kazakhstan

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