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On amendments and additions to certain legislative acts of the Republic of Kazakhstan on wildlife, forestry, hunting and entrepreneurship

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On amendments and additions to certain legislative acts of the Republic of Kazakhstan on wildlife, forestry, hunting and entrepreneurship

The Law of the Republic of Kazakhstan dated June 19, 2026 No. 317-VIII SAM

 

Article 1. To make amendments and additions to the following legislative acts of the Republic of Kazakhstan:

     1. To the Land Code of the Republic of Kazakhstan dated June 20, 2003:

     1) add subparagraph 6) to the fifth part of paragraph 2 of Article 122 as follows:

     "6 ) for the implementation of investment projects for the development of tourism on land plots with an established regime of limited economic activity, involving investments in the amount of at least two million times the monthly calculation index established by the law on the republican budget and effective on January 1 of the relevant financial year, and corresponding to the national standard in the field of ecological tourism, approved by the authorized body in the field of standardization. At the same time, the use of these lands must also be carried out in accordance with part four of Article 138 of this Code.";

     2) add the following part to Article 138::

     "With the subsequent transfer of reserve lands that were previously part of the lands of specially protected natural territories to other categories of land, it is not allowed to grant private ownership of these land plots intended for the implementation of investment projects for the development of tourism in accordance with subparagraph 6) of part five of paragraph 2 of Article 122 of this Code.".

     2. To the Forest Code of the Republic of Kazakhstan dated July 8, 2003:

     1) subparagraph 18-12) of the first part of paragraph 1 of Article 13 after the word "farms," add the words "fisheries and fish farming,";

     2) subparagraph 15-2) of Article 15 after the word "farms;" add the words "fisheries and fish farming;";

     3) subparagraph 16) of Article 18 after the word "farms;" add the words "fisheries and fish farming;";

     4) in article 31:

     Paragraph 1 should be supplemented with the words ", and other cases provided for by this Code";

     add paragraphs 1-3, 1-4 and 1-5 as follows:

     "1-3. Citizens of the Republic of Kazakhstan and legal entities of the Republic of Kazakhstan without foreign participation, implementing large-scale projects for deep processing of wood, have the right to conclude long-term forest management agreements with the state forest owner without applying paragraph 1 of this Article.

     1-4. When eliminating the consequences of large forest fires with an area of more than 100 hectares, forest resources on the plots of the state forest fund are provided to citizens of the Republic of Kazakhstan and legal entities of the Republic of Kazakhstan without foreign participation in long–term forest management by holding a tender in accordance with the procedure determined by the authorized body, and to persons specified in paragraphs 1-3 of this Article - without such.

     1-5. A prerequisite for concluding a long-term forest management agreement is the acceptance by citizens of the Republic of Kazakhstan and legal entities of the Republic of Kazakhstan without foreign participation of obligations to protect, protect, reproduce forests and other conditions established by this Code and the authorized body.";

     in paragraph 2:

     the first paragraph after the word "fund" should be supplemented with the words ", unless otherwise provided by part two of this paragraph,";

     add the following part of the second part:

     "When eliminating the consequences of large forest fires with an area of more than 100 hectares, forest resources in the areas of the state forest fund are provided for long-term forest management for up to 10 years.";

     add the following note:

     "Note. A major project is recognized in paragraph 1-3 of this article as a project:

     having a volume of wood processing of at least two hundred and fifty thousand cubic meters per year;

     having production facilities for deep wood processing;

     included in the unified industrialization map in accordance with the Law of the Republic of Kazakhstan "On Industrial Policy".";

     5) in paragraph 1-1 of article 51:

     Add subparagraph 6-1) to the first part as follows:

     "6-1) implementation of investment projects involving investments in the amount of at least two million times the monthly calculation index established by the law on the republican budget and effective on January 1 of the relevant financial year;";

     add the following part of the third:

     "When transferring lands of the forest fund in the case provided for in subparagraph 6-1) of part one of this paragraph, the investor, in compensation to the state forest owner on land designated by the relevant local executive bodies, carries out:

     1) on forest–covered lands, compensatory planting of forest crops in six times the size of the area of the transferred site and care for forest crops during the first three years after their planting on land;

     2) on lands not covered by forests, compensatory planting of forest crops in three times the size of the area of the transferred site and care for forest crops during the first three years after their planting on land.".

     3. To the Environmental Code of the Republic of Kazakhstan dated January 2, 2021:

     Paragraph 3 of article 245 should be worded as follows:

     "3. During the placement, design, construction and operation of railways, highways, main pipelines, communication lines, wind power plants, canals, water management and hydraulic structures, measures should be developed and implemented to ensure the preservation of habitat, breeding conditions, migration routes, places of concentration of animals and prevent their death at these facilities.".

     4. To the Law of the Republic of Kazakhstan dated December 30, 1998 "On State control over the turnover of certain types of weapons":

     1) add subparagraph 13-2) to Article 1 as follows:

     "13-2) self–assembly of cartridges - the assembly of cartridges for personal use by citizens of the Republic of Kazakhstan who own hunting firearms smoothbore long-barreled weapons and (or) sports firearms smoothbore long-barreled weapons;";

     2) in paragraph 2 of Article 7:

     subparagraph 3) should be supplemented with the words ", except for cases when they are installed on the service weapons of inspectors of republican state enterprises for the protection, reproduction and sustainable use of wildlife to solve tasks within the time limits established by the Government of the Republic of Kazakhstan";

     add subparagraph 6-4) to read as follows:

     "6-4) self-assembly of cartridges for the purpose of sale and (or) transfer to another person;";

     3) in subparagraph 1) of the eighth part of paragraph 1 of Article 15, the word "two" should be replaced by the word "five";

     4) in subparagraph 3) of paragraph 1 of Article 16, the words "By the Government of the Republic of Kazakhstan" should be replaced by the words "by the authorized body in the field of arms trafficking control";

     5) in article 21:

     The title should be worded as follows:

     "Article 21. Manufacture of weapons and ammunition for them. Self-assembly of cartridges";

     add parts five and six as follows:

     "Citizens of the Republic of Kazakhstan have the right to independently assemble cartridges for personal use, not related to business activities, subject to the following conditions::

     1) ownership with a valid permit for its (their) storage and carrying:

     hunting firearms smoothbore long-barreled weapons;

     sports firearms smoothbore long-barreled weapons;

     2) the presence of a hunter's certificate and (or) a certificate of registration of an athlete of at least the sports category "candidate for Master of sports of the Republic of Kazakhstan" in shooting sports.

     For self-assembly of cartridges, cartridges, bullets (shot, buckshot), caps (gum) and hunting powder purchased from legal entities licensed to trade in civilian and service weapons and ammunition are used.".

     5. To the Law of the Republic of Kazakhstan dated July 9, 2004 "On Electric Power Industry":

     1) add the words ", and other requirements established by the laws of the Republic of Kazakhstan" to the first part of paragraph 1 of Article 9;

     2) add the words "and other requirements established by the laws of the Republic of Kazakhstan" to paragraph 1 of Article 9-2.

     6. To the Law of the Republic of Kazakhstan dated July 9, 2004 "On the Protection, reproduction and Use of wildlife":

     1) delete the preamble;

     2) in article 1:

     add subparagraph 2-1) to read as follows:

     "2-1) wild breeding – breeding of species of animals that are objects of hunting, in captivity and (or) semi-free conditions;";

     sub-paragraph 34) should be deleted;

     subparagraph 39):

     after the word "freedom," add the words "at all stages of the life cycle, as well as";

     add the words ", with the exception of trapping animals for scientific research purposes for tagging, banding and sampling, followed by their release into the habitat";

     Add sub-paragraphs 54-1), 54-2) and 55-1) as follows:

     "54-1) limited species of animals – species of animals that are objects of hunting, the removal of which requires the establishment of a limit on the removal of wildlife;

     54-2) non–restricted animal species - widespread species of animals that are objects of hunting, with high reproduction rates, the removal of which does not require setting a limit on the removal of wildlife;";

     "55-1) an action plan for a species or group of animal species is a long–term action plan aimed at the conservation or restoration, rational use of valuable, rare and endangered animal species or groups of animal species;";

Subparagraph 64) should be worded as follows:

     "64) huntsman – a special authorized person of the subject of hunting and (or) fisheries, who has received appropriate training and protects wildlife on designated hunting grounds and (or) fisheries reservoirs, and (or) sites;";

     add subparagraph 66-1) as follows:

     "66-1) a bird protection device is a device that prevents the death of birds from electric shock and is designed to protect power transmission lines from the negative effects of bird life;";

     3) add article 2-1 as follows:

     "Article 2-1. Aims and objectives of this Law

     1. The purposes of this Law are:

     1) ensuring conditions for the conservation of wildlife and its biological diversity;

     2) regulation of public relations in the field of protection, reproduction and use of wildlife, as well as the preservation and reproduction of Kazakh dog breeds;

     3) sustainable use of wildlife to meet environmental, economic, aesthetic and other human needs.

     2. The objectives of this Law are:

     1) ensuring a system of measures for the protection and reproduction of wildlife, as well as the preservation and reproduction of Kazakh dog breeds;

     2) creating conditions for the sustainable and rational use of wildlife;

     3) formation of a conscious and responsible attitude among the population towards the conservation of wildlife and its biological diversity.";

     4) delete subparagraph 11) of Article 8;

     5) in the first part of paragraph 1 of Article 9:

     sub-paragraph 2) should be deleted;

     subparagraph 3) should be supplemented with the words "in accordance with the goals and objectives of this Law and the legislation of the Republic of Kazakhstan";

     sub-items 3-2), 4), 5), 6), 11) and 12) exclude;

     add subparagraph 13-1) as follows:

     "13-1) develops and approves action plans for a species or group of animal species;";

     sub-items 14), 15), 17), 26), 28), 31), 33), 34), 37), 38), 39), 41), 46), 48), 50), 51), 59), 61), 63), 64), 68), 70), 71), 74), 76-1) and 77-3) exclude;

     6) paragraph 2 of Article 10 should be supplemented with subparagraph 5-17) as follows:

     "5-17) decide to postpone the start and end of the hunt to an earlier and (or) later date (up to fifteen calendar days) from the hunting rules established while maintaining the total duration of the season, depending on the natural and climatic conditions of the region, in coordination with the territorial divisions of the department of the authorized body, with the exception of hunting in specially protected natural territories established by the legislation of the Republic of Kazakhstan in the field of specially protected natural territories;";

     7) add subparagraph 14) to Article 13 as follows:

     "14) organization of measures to regulate the number of wildlife objects.";

     8) in article 17:

     Paragraph 2 should be worded as follows:

     "2. During the placement, design, construction and operation of railways, highways, main pipelines, electric networks and communication lines, wind power plants, canals, water management and hydraulic structures, measures should be developed and implemented to ensure the preservation of habitat, breeding conditions, migration routes, places of concentration of animals and prevent their death at these facilities.";

     Add paragraphs 4 and 5 to read as follows:

     "4. The design and construction of power transmission lines, as well as the reconstruction and modernization of existing power lines that pose a danger to birds, without equipping them with bird protection devices, are not allowed.

     The requirements for bird protection devices and the criteria for classifying a power transmission line as dangerous to birds are determined by the authorized body in coordination with the state body responsible for the management of the electric power industry.

     5. When designing wind power plants, the impact of wind power plants on the biological diversity of the animal world is assessed.

     The procedure for assessing the impact of wind power plants on the biological diversity of wildlife is determined by the authorized body.";

     9) in article 19:

     Add the words "in accordance with the procedure determined by the authorized body" to paragraph 3.;

     Add the words "in accordance with the procedure determined by the authorized body" to paragraph 3-1;

     10) in article 22:

     Add subparagraph 9) to paragraph 1 as follows:

     "9) studying the migration routes, genetics and diseases of animals by labeling, banding and (or) taking samples and then releasing them into the habitat.";

     in paragraph 4:

     Add the words "indicating the permitted types of mining tools" to the first part;

     The second part should be worded as follows:

     "The quota for the seizure of wildlife (with the exception of fishing facilities) for scientific research is established by the authorized body on the basis of scientific research programs and biological justifications in accordance with the procedure determined by the authorized body.";

     11) in article 27:

     Paragraph 1 should be supplemented with subparagraph 10) as follows:

     "10) to make a decision on reducing the hunting time or completely closing hunting for certain species of animals in the hunting grounds assigned to them.";

     Subparagraph 7) of the first part of paragraph 2 should be worded as follows:

     "7) to carry out annual accounting of the number of used wildlife objects and submit reports through a digital system to the authorized body in accordance with the procedure established by the legislation of the Republic of Kazakhstan;";

     12) in article 29:

     Add the words ", including limited species of animals," to the second part of paragraph 1 after the words "seizures of wildlife".;

     Add paragraphs 1-1 and 3 to read as follows:

     "1-1. The species of animals that are hunted are divided into limited and non-limited, the list of which is approved by the authorized body.";

     "3. The withdrawal of non-restricted species of animals is carried out by users of wildlife on fixed hunting grounds in accordance with the procedure determined by the authorized body.";

     13) in the second part of subparagraph 4-1) of Article 30, the word "tenfold" should be replaced by the word "fifty-fold".;

     14) add the words "and specially protected natural territories" to the second part of paragraph 1 of Article 32 after the word "lands";

     15) in article 33-1:

     in the first part of paragraph 3:

     subparagraph 7) after the words "hunter's certificates", add the words ", including through its branches and representative offices,";

     add subparagraph 13-1) as follows:

     "13-1) conducting appropriate training of huntsmen in accordance with the procedure determined by the authorized body;";

     Paragraph 4 should be supplemented with subparagraph 9-1) as follows:

     "9-1) conducting appropriate training of hunters in accordance with the procedure determined by the authorized body in the field of fisheries;";

     16) in article 37:

     in paragraph 4:

     replace the words "fishing" with the words "hunting or fishing";

     replace the words "fishery reservoir" with the words "hunting ground or fishery reservoir";

     add paragraph 5 as follows:

     "5. The transfer and (or) assignment of rights and obligations to third parties under a hunting management agreement is not allowed, except in cases of reorganization of a legal entity or transfer of such rights and obligations to a third party in the order of universal succession by inheritance.";

     17) in paragraph 5 of article 38:

     Sub-paragraphs 10) and 22) should be worded as follows:

     "10) for amateur (sports) purposes using aircraft, auto and motorized vehicles, snowmobile equipment, small vessels with the engine running, night vision devices (including infrared, electron-optical and thermal imaging devices, sights and attachments), laser designators, lighting and sound electrical devices of various ranges, unmanned aerial vehicles aircraft;";

     "22) using nets; pouring out of burrows (with the exception of trapping animals for tagging, banding and sampling, followed by release into the habitat, introduction, reintroduction, hybridization or captivity in coordination with the department of the authorized body);";

     add subparagraph 32) as follows:

     "32) on a grouse on currents without the escort of a huntsman.";

     18) add the following second sentence to the tenth part of paragraph 1 of Article 40:

     "At the same time, an application for an extension of the contract is submitted no earlier than sixty calendar days before the expiration of the hunting contract.";

     19) Article 43-1 should be worded as follows:

     "Article 43-1. Reproduction of animal species

     Reproduction of animal species, with the exception of fish resources and other aquatic animals, is carried out by individuals and legal entities based on the recommendations of accredited scientific organizations in the field of protection, reproduction and use of wildlife, and in the case provided for by the laws of the Republic of Kazakhstan, also notifications of the beginning or termination of activities on artificial animal breeding.

     Reproduction of fish resources and other aquatic animals is carried out by individuals and legal entities based on the recommendations of accredited scientific organizations in the field of protection, reproduction and use of fish resources and other aquatic animals, and in the case provided for by the laws of the Republic of Kazakhstan, also notifications of the beginning or termination of activities for artificial breeding of fish resources and other aquatic animals.";

     20) subparagraph 9) of paragraph 1 of Article 52, after the words "wildlife", add the words ", their derivatives";

21) add article 52-1 as follows:

     "Article 52-1. The use of special equipment and service weapons

     1. Officials exercising state control and supervision in the field of protection, reproduction and use of wildlife and officials of the state protection of wildlife are provided with special means, the list of which is determined by the authorized body.

     2. Officials exercising state control and supervision in the field of protection, reproduction and use of wildlife, officials of the state protection of wildlife and huntsmen are provided with service weapons in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

     3. Officials exercising state control and supervision in the field of protection, reproduction and use of wildlife, and officials of the state protection of wildlife have the right to use special means to:

     1) detaining offenders and other persons who resist or intentionally obstruct them in the performance of their official duties;

     2) stops of transport and floating facilities that impede the performance of their official duties.

     4. Officials exercising state control and supervision in the field of protection, reproduction and use of wildlife, officials of the state protection of wildlife and huntsmen have the right to use service weapons for:

     1) repelling an armed attack by persons whose actions directly threaten their lives and health;

     2) stopping and detaining vehicles and floating means in the territories of hunting grounds, fishing ponds and (or) sites and their coastal strip, as well as in specially protected natural territories and when leaving them by damaging them, if a person does not comply with the requirements and endangers the life and health of citizens;

     3) Protection from animal attacks and alarm or call for help.

     5. Officials exercising state control and supervision in the field of protection, reproduction and use of wildlife, officials of the state protection of wildlife and hunters, when using special means and service weapons, must:

     1) to warn (shout, warning shot up) about the intention to use service weapons, except in the cases specified in subparagraph 1) of paragraph 4 of this Article;

     2) provide sufficient time to comply with the requirements, except in cases where delay in using service weapons poses an immediate danger to the life and health of an official exercising state control and supervision in the field of protection, reproduction and use of wildlife, an official of the state protection of wildlife and a gamekeeper, or may entail serious consequences.;

     3) exercise restraint in situations where the use of service weapons is unavoidable on the part of an official exercising state control and supervision in the field of protection, reproduction and use of wildlife, an official of the state protection of wildlife and a gamekeeper, based on the prevailing situation and the goal to be achieved, minimizing the possibility of its use;

     4) provide pre-medical medical care, and, if necessary, deliver the victim from the use of special means and service weapons to a medical organization;

     5) take the necessary measures to ensure the safety of others.

     6. It is prohibited to use special means and service weapons against women, persons with obvious signs of disability, and minors when their age is known or obvious, except in cases where they commit an armed attack or pose a real threat to the life and health of an official exercising state control and supervision in the field of animal protection, reproduction, and use. peace, an official of the state wildlife protection and a gamekeeper.

     7. In each case of the use of service weapons and special means, resulting in bodily injury, as well as death of people or serious consequences, the immediate supervisors, the prosecutor's office and the internal affairs bodies at the scene of the incident are informed no later than twenty-four hours.";

     22) subparagraph 4) of paragraph 1 of Article 53 should be worded as follows:

     "4) protocol on the seizure of tools for the illegal extraction of wildlife, as well as firearms used in violation of the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife, prohibited types of mining tools and illegally extracted wildlife, their derivatives and products of vital activity, swimming and vehicles for temporary storage until the issuance a court decision.";

     23) in paragraph 2 of article 55:

     subparagraph 4) after the words "Republic of Kazakhstan" add the words "stop and";

     add subparagraph 6-1) as follows:

     "6-1) for the storage, carrying and use of special equipment and service weapons in accordance with the procedure established by the legislation of the Republic of Kazakhstan;";

     in subparagraph 8):

     Replace the words "weapons used" with the words "weapons and mining implements used";

     replace the words "mira and" with the words "mira, their derivatives, and";

     Delete paragraph 4;

     In paragraph 5, the words "and service weapons" should be deleted;

     24) in paragraph 2 of article 56:

     Subparagraph 2) should be worded as follows:

     "2) for the storage, carrying and use of service weapons in accordance with the procedure established by the legislation of the Republic of Kazakhstan;";

     add subparagraph 2-1) to read as follows:

     "2-1) to wear special clothing with insignia;";

     subparagraph 6) should be supplemented with the words "and inspect them, inspect objects in order to identify signs of an administrative offense."

     7. To the Law of the Republic of Kazakhstan dated July 8, 2005 "On State regulation of the development of the agro-industrial complex and rural areas":

     subparagraph 13) of Article 1 after the word "aquaculture," add the word "wild breeding,".

     8. To the Law of the Republic of Kazakhstan dated July 7, 2006 "On Specially Protected Natural Territories":

     1) add subparagraph 6) to the second part of paragraph 2 of Article 23 as follows:

     "6) for the implementation of investment projects for the development of tourism on land plots with an established regime of limited economic activity, involving investments in the amount of at least two million times the monthly calculation index established by the law on the republican budget and effective on January 1 of the relevant financial year, and corresponding to the national standard in the field of ecological tourism, approved by the authorized body in the field of standardization. At the same time, the use of these lands should also be carried out in accordance with part four of Article 138 of the Land Code of the Republic of Kazakhstan.";

     2) in paragraph 2 of article 46, replace the words "twenty-five" with the words "forty-nine";

     3) in article 69:

     In paragraph 1-1, replace the words "and fishing" with the words "fishing and farming hunting";

     after the words "objects of the animal world", add the words "(except for farming and hunting)";

     In paragraph 1-2, replace the words "(cultivation of crops, haymaking, cattle grazing) and beekeeping" with the words "(cultivation of crops, haymaking, cattle grazing, beekeeping) and farming hunting".

     9. To the Law of the Republic of Kazakhstan dated May 19, 2026 "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on responsible Animal Treatment":

     The sixth paragraph of subparagraph 3) of paragraph 3 of Article 1 shall be worded as follows:

     "16-1) stray animals – dogs and cats that do not have an owner or are not registered pets;".

Article 2. This Law shall enter into force upon the expiration of ten calendar days after the date of its first official publication, with the exception of:

     1) paragraph 9 of Article 1, which shall enter into force from the date of its first official publication;

     2) paragraphs 3 and 5, paragraphs of the fourteenth and fifteenth subitems 2), subitems 8) and 9), paragraphs of the fifth and sixth subitems 16), subitem 17) and paragraph of the sixth subitem 24) of paragraph 6 of Article 1, which shall enter into force sixty calendar days after the date of its first official publication.;

     3) paragraphs of the twelfth and thirteenth subitems 2), paragraphs of the fourth and fifth subitems 11) and paragraphs of the fourth and seventh subitems 15) of paragraph 6 of Article 1, which enter into force on January 1, 2027;

     4) paragraphs of the ninth and tenth subitems 2) and subparagraph 12) of paragraph 6 of Article 1, which will enter into force on February 16, 2027.

 

 

President    

Republic of Kazakhstan     

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