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On amendments and additions to certain legislative acts of the Republic of Kazakhstan on architecture, urban planning and construction

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 architecture, urban planning and construction

The Law of the Republic of Kazakhstan dated January 9, 2026 No. 254-VIII SAM

     IZPI's note!

     For the procedure for the enactment of this Law, see art. 2.

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

     1. To the Civil Code of the Republic of Kazakhstan (General Part) dated December 27, 1994:

     The first part of paragraph 3 of Article 244 has been amended in Kazakh, the text in Russian has not been changed.

     2. To the Civil Code of the Republic of Kazakhstan (Special Part) dated July 1, 1999:

 

      Add subparagraph 5) to Article 974 as follows:

     "5) other facilities provided for by the laws of the Republic of Kazakhstan.".

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

     1) Paragraph 3 of Article 43 should be supplemented with the sixth part as follows:

     "The determination of the possibility of using the requested land plot in accordance with this paragraph is carried out taking into account previously established sanitary protection zones, the location of which does not prevent the use of the land plot for the declared intended purpose.";

     2) add paragraph 9 to article 44-1 as follows:

     "9. It is not allowed to provide land plots to individuals and legal entities for construction purposes in seismic zones without taking into account maps of seismic microzoning, as well as maps of rural and landslide-prone areas.";

     3) in article 44-2:

 

      Paragraph 10 should be supplemented with the second part as follows:

     "The determination of the possibility (impossibility) of providing a land plot in accordance with part one of this paragraph is carried out taking into account previously established sanitary protection zones, the location of which does not prevent the use of the land plot for the declared intended purpose.";

     add paragraph 20 as follows:

     "20. It is not allowed to provide land plots to individuals and legal entities for construction purposes in seismic zones without taking into account maps of seismic microzoning, as well as maps of rural and landslide-prone areas.

     At the same time, provision of land plots for construction purposes is prohibited in rural and landslide-prone areas of the city of Almaty, taking into account the provisions provided for by the Building Code of the Republic of Kazakhstan.";

     4) paragraph 1 of Article 48 should be supplemented with subparagraph 5-4) as follows:

     "5-4) legal entities that have concluded an agreement on the provision of guarantees of equity participation in housing construction as part of renovation in accordance with the Law of the Republic of Kazakhstan "On Equity participation in Housing Construction" for the construction of multi-family residential buildings and their engineering and communication networks in the territory under the renovation program, where they previously carried out survey work for the purposes of construction in accordance with Article 71 of this Code, provided that they have obtained or purchased the rights to land plots that previously belonged to third parties., within the planned development in accordance with the detailed planning project;";

     5) in article 49-1:  

 

      Paragraph 3 should be supplemented with the following sixth part:

     "The determination of the possibility of using the land plot in accordance with this paragraph is carried out taking into account previously established sanitary protection zones, the location of which does not prevent the use of the land plot for the declared intended purpose.";

     add paragraph 8 as follows:

     "8. It is not allowed to coordinate an application for changing the purpose of a land plot and issue a decision on changing the purpose of a land plot in seismic zones without taking into account maps of seismic microzoning, as well as maps of rural and landslide-prone areas. A map of seismic microzoning and (or) a map of rural and landslide-prone areas are attached to the decision to refuse to change the purpose of the land plot.";

     6) in the first part of paragraph 2 of Article 109, the words "with the exception of paid parking lots (car parks) located in the right-of-way lanes of the city of republican significance, the capital, in accordance with the legislative acts on the special status of the city of Almaty and the status of the capital of the Republic of Kazakhstan" should be deleted;

     7) in paragraph 2 of article 121:

     in subparagraph 2), the words "mudslide, landslide and" should be deleted;  

     add subparagraph 2-1) as follows:

     "2-1) earthquake-prone, mudslide-prone, landslide-prone zones, zones of tectonic faults;";

     8) the first part of paragraph 1 of Article 152 after the words "their qualitative characteristics," add the words "sanitary protection zones,".

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

     In paragraphs 3 and 4 of Article 102-3, the words "The Law of the Republic of Kazakhstan "On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan" should be replaced by the words "The Building Code of the Republic of Kazakhstan".

     5. To the Code of the Republic of Kazakhstan dated December 26, 2011 "On Marriage (Matrimony) and Family":

     1) in paragraph 1 of Article 182, the words "public services" should be replaced by the words "public and socially responsible services";

     2) in the fourth part of paragraph 1 of Article 190, the words "On public services" should be replaced by the words "On public and socially responsible services".  

     6. To the Business Code of the Republic of Kazakhstan dated October 29, 2015:

     1) in paragraph 5 of Article 108, the words "On public services" should be replaced by the words "On public and socially responsible services";

     2) add the words "except for the state expert organization, the pricing rules of which are established in accordance with the Building Code of the Republic of Kazakhstan" to the first part of paragraph 1 of Article 120.;

     3) paragraph 1 of Article 124-5 should be supplemented with subparagraph 6) as follows:

     "6) provision of services technologically related to regulated services of natural monopoly entities provided for in the list in accordance with subparagraph 3-1) of Article 124-6 of this Code.";

     4) in article 124-6:

     add subparagraph 3-1) to read as follows:

     "3-1) jointly with the state bodies responsible for the management of the relevant branches (spheres) of public administration, approves lists of services technologically related to regulated services of subjects of natural monopolies;";

     subparagraph 10) should be worded as follows:

     "10) has the right to request and receive the necessary information within the framework of the exercise of its powers, including the consideration of appeals and the conduct of state control, from subjects of socially significant markets and subjects of natural monopolies, individuals and legal entities, including state bodies, local governments, as well as their officials, in compliance with the established the laws of the Republic of Kazakhstan require disclosure of information constituting commercial and other legally protected secrets;";

     5) add subparagraph 5-3) to the first part of paragraph 5 of Article 144 as follows:

     "5-3) an agreed schedule of visits to the construction site for the construction period;";

     6) paragraph 6 of Article 193 should be supplemented with the following part four:

     "The restriction provided for in subparagraph 4) the first part of this paragraph does not apply to the state expert organization, the pricing rules of which are established in accordance with the Building Code of the Republic of Kazakhstan.".

     7. To the Labor Code of the Republic of Kazakhstan dated November 23, 2015:

     In the second part of paragraph 2 of Article 127-3, the words "On public services" should be replaced with the words "On public and socially responsible services".

     8. To the Administrative Procedural Code of the Republic of Kazakhstan dated June 29, 2020:

     In the second paragraph of the third part of Article 69, the words "On public services" should be replaced with the words "On public and socially responsible services".

     9. To the Code of the Republic of Kazakhstan dated July 7, 2020 "On the Health of the People and the Healthcare System":

     1) sub-paragraphs 13) and 106) of paragraph 1 of Article 1 should be deleted;

     2) in subparagraph 18) of Article 9, replace the words "on maximum permissible emissions and maximum permissible discharges of harmful substances and physical factors into the environment, sanitary protection zones and sanitary protection zones," with the words "on sources of physical factors affecting humans, establishment of sanitary protection zones, modification of established sanitary protection zones." areas of facilities put into operation,";

     3) in article 20:

     in the first paragraph, replace the words "Sanitary and epidemiological conclusion" with the words "1. Sanitary and epidemiological conclusion";

 

      Sub-paragraphs 2) and 3) should be worded as follows:

     "2) draft normative documentation on the sources of physical factors affecting humans, on the establishment of sanitary protection zones;

     3) projects to change the established sanitary protection zones of facilities put into operation;";

     Add paragraphs 2, 3 and 4 to read as follows:

     "2. Prior to the start of operation of an epidemiologically significant facility, which has undergone a change in its purpose, type of activity, technological process, capacity and structure, which entails non-compliance with the qualification or licensing requirements on the basis of which a sanitary and epidemiological conclusion has been issued, it is necessary to obtain a new sanitary and epidemiological conclusion for such an object.

3. The reason for suspending the validity of a sanitary and epidemiological conclusion is the non-compliance of an epidemiologically significant object with the qualification or licensing requirements for the issued sanitary and epidemiological conclusions.

     4. The grounds for termination of the sanitary and epidemiological conclusion are:

     1) deprivation of sanitary and epidemiological conclusion;

     2) cancellation of the permissive procedure;

     3) the applicant's request for termination of activity or liquidation of a legal entity;

     4) other cases stipulated by the laws of the Republic of Kazakhstan.

     It is not allowed to carry out activities at an epidemiologically significant facility from the moment of termination of the sanitary and epidemiological conclusion.

     In case of voluntary termination of activities at an epidemiologically significant facility or liquidation of a legal entity, the applicant is obliged to notify the state body in the field of sanitary and epidemiological welfare of the population within three calendar days.";

     4) Subparagraph 7) of paragraph 1 of Article 38 shall be worded as follows:

     "7) to change the size of the established sanitary protection zones of facilities put into operation;";

     5) in article 46:

     in paragraph 2:

     In part three:

     after the words "project expertise", add the word "construction";

     The words "feasibility studies and" should be deleted;

     In part four, the words "epidemiologically significant objects" should be deleted.;

 

      Subparagraph 1) of paragraph 3 should be worded as follows:

     "1) projects (design estimates with the establishment of the size of the sanitary protection zone) intended for the construction of epidemiologically significant facilities as part of a comprehensive non-departmental expertise;";

 

      Subparagraph 2) of paragraph 4 should be worded as follows:

     "2) drafts of regulatory documentation on the sources of physical factors affecting humans, the establishment of sanitary protection zones; projects to change the established sanitary protection zones of facilities put into operation to new types of raw materials and products;";

     6) add paragraph 4-1 to Article 276 as follows:

     "4-1. The establishment of a sanitary protection zone for facilities commissioned before the date of the entry into force of the Building Code of the Republic of Kazakhstan, for which a sanitary protection zone has not been established, is carried out by the state body in the field of sanitary and epidemiological welfare of the population, structural divisions of other state bodies engaged in activities in the field of sanitary and epidemiological welfare of the population, in accordance with regulatory legal acts in the field of sanitary and epidemiological welfare of the population.".

     10. To the Social Code of the Republic of Kazakhstan dated April 20, 2023:

     Throughout the text, the words "On public services" should be replaced with the words "On public and socially responsible services".

     11. To the Budget Code of the Republic of Kazakhstan dated March 15, 2025:

     In paragraph 1 of article 29, the words "public services" should be replaced by the words "public and socially responsible services".

     12. To the Water Code of the Republic of Kazakhstan dated April 9, 2025:

     1) in paragraph 6 of Article 46, the words "On public services" should be replaced by the words "On public and socially responsible services";

     2) in paragraph 4 of Article 50, the words "On public services" should be replaced by the words "On public and socially responsible services".

     13. To the Law of the Republic of Kazakhstan dated June 10, 1996 "On Copyright and Related Rights":

 

      Add subparagraph 5) to Article 8 as follows:

     "5) other facilities provided for by the laws of the Republic of Kazakhstan.".

     14. To the Law of the Republic of Kazakhstan dated April 16, 1997 "On Housing Relations":

     1) subparagraph 3) of paragraph 4 of Article 57 should be supplemented with the words ", with the exception of the management of multi-apartment residential buildings, the acquisition of housing";

     2) add article 116-1 to Chapter 16 as follows:

     "Article 116-1. Home renovation

     1. The housing renovation program establishes a financing mechanism and criteria for its implementation, including the procedure and conditions for reimbursing homeowners in facilities subject to renovation, with the involvement of an authorized organization for the implementation of the housing renovation program and (or) an authorized company that has concluded a guarantee agreement under renovation, in accordance with the legislation of the Republic of Kazakhstan on equity participation. in housing construction.

     2. Homeowners in multi-family residential buildings included in the housing renovation program are provided with new apartments to replace existing ones on a room-for-room basis in accordance with technical data sheets, regardless of the number of residents. At the same time, the number of living rooms in a new dwelling should not be less than the existing number of living rooms.

     3. The area of a dwelling from the housing stock of an authorized organization for the implementation of a housing renovation program provided under the conditions specified in paragraph 2 of this article and exceeding the size of the demolished dwelling shall not be considered excessive.

     4. The owners of individual residential buildings or non-residential premises are reimbursed for their cost or, by agreement of the parties, equivalent residential or non-residential premises are provided.

     5. The list of objects to be renovated is determined by local executive authorities within the framework of a detailed planning plan.

     6. Forced alienation of land plots for state needs is not allowed on land plots where multi-apartment residential buildings or individual residential buildings are located, subject to housing renovation, except in cases provided for in Article 84 of the Land Code of the Republic of Kazakhstan.

     7. Demolition of renovation facilities is allowed within the framework of the housing renovation program only with the consent of all owners.

     8. The local executive body determines and finances the authorized organization for the implementation of the housing renovation program.

     Financing of an authorized organization for the implementation of a housing renovation program may be carried out from the local budget and/or other sources not prohibited by the legislation of the Republic of Kazakhstan.

     9. The local executive body organizes the construction of housing in accordance with the housing renovation program on the site of demolished renovation facilities. At the same time, demolition is carried out at the expense of the local budget and (or) other sources not prohibited by the legislation of the Republic of Kazakhstan.

     10. When the renovation of a dwelling is carried out by an authorized company in accordance with the Law of the Republic of Kazakhstan "On Equity Participation in Housing Construction", which has concluded a guarantee agreement within the framework of renovation, the demolition of the dwelling is carried out at the expense of the authorized company.".

     15. To the Law of the Republic of Kazakhstan dated April 22, 1998 "On Limited and Additional Liability Partnerships":

     1) paragraph 4 of Article 42 should be supplemented with the second part as follows:  

     "In the case of the establishment of trust management of a participant's share in the implementation of activities for the organization of equity participation in housing construction by obtaining a guarantee from a Single housing construction operator in accordance with the Law of the Republic of Kazakhstan "On Equity Participation in Housing Construction" at the general meeting, the trustee acts on his behalf as a participant, unless otherwise stipulated by the agreement between the participant and trustee or is not provided for by the legislation of the Republic of Kazakhstan on the establishment of trust management of property. The requirements for the procedure for representing the interests of a participant are determined by the legislation of the Republic of Kazakhstan on the trust management of property.";

     2) paragraph 2 of Article 43 should be supplemented with the following third part:

     "In the case of trust management of participation shares in the implementation of activities related to the organization of equity participation in housing construction, the trustee acts as a participant at the general meeting in accordance with the Law of the Republic of Kazakhstan "On Equity Participation in Housing Construction", unless otherwise stipulated by the agreement between the participant and the trustee. or is not provided for by the legislation of the Republic of Kazakhstan on the establishment of trust management of property.".

     16. To the Law of the Republic of Kazakhstan dated July 1, 1998 "On the special status of the city of Almaty":

 

      Delete article 4-3.

     17. To the Law of the Republic of Kazakhstan dated February 11, 1999 "On Plant Quarantine":

     In article 12-1, the words "On public services" should be replaced with the words "On public and socially responsible services".

     18. To the Law of the Republic of Kazakhstan dated January 23, 2001 "On Local Government and Self-government in the Republic of Kazakhstan":

     1) in article 6:

 

      Sub-paragraph 2) of paragraph 2-15 should be deleted;

     add paragraph 2-16 as follows:

     "2-16. Maslikhats of regions, cities of republican significance, and the capital approve a housing renovation program.";

     2) in article 27:

 

      Paragraph 1 should be supplemented with subparagraph 51) as follows:

     "51) develops a housing renovation program.";

     in paragraph 1-9:

 

      sub-paragraph 5) should be deleted;

     add subparagraph 9) as follows:

     "9) develops and approves the design code.";

     3) add subparagraph 43) to paragraph 1 of Article 31 as follows:

     "43) develops and approves the design code.".

     19. To the Law of the Republic of Kazakhstan dated May 8, 2001 "On the Consumer Cooperative":

1) subparagraph 2) of paragraph 1 of Article 6 should be supplemented with the words ", with the exception of activities related to the management of multi-apartment residential buildings, the acquisition of housing and other types of property subject to state registration";

     2) in paragraph 3 of article 13:

     Replace the words "not limited to" with the words "may not exceed two hundred participants";

     add the following part of the second part:

     "As the material needs of the members of the consumer cooperative are met and they leave the consumer cooperative, new members of the consumer cooperative may be accepted.".

     20. To the Law of the Republic of Kazakhstan dated July 3, 2002 "On Plant Protection":

     1) in the first part of Article 14, the words "public services" should be replaced by the words "public and socially responsible services";

     2) in subparagraph 3) of the second part of paragraph 1 of Article 14-6, the words "On public services" should be replaced by the words "On public and socially responsible services".

     21. To the Law of the Republic of Kazakhstan dated July 10, 2002 "On Veterinary Medicine":

     In subparagraph 4) of the first part of paragraph 4 of Article 13-2, the words "On public services" should be replaced by the words "On public and socially responsible services".

     22. To the Law of the Republic of Kazakhstan dated July 4, 2003 "On Motor Transport":

     1) delete subparagraph 23-2) of Article 1;

     2) delete article 38-2.

     23. To the Law of the Republic of Kazakhstan dated February 7, 2005 "On compulsory insurance of an employee against accidents in the performance of his labor (official) duties":

     In the second part of paragraph 2 of Article 23-2, the words "On public services" should be replaced with the words "On public and socially responsible services".

     24. To the Law of the Republic of Kazakhstan dated July 21, 2007 "On the Status of the Capital of the Republic of Kazakhstan":

     1) Subparagraph 3) of Article 8 should be supplemented with the following ninth paragraph:

     "a comprehensive traffic management scheme in the capital;";

     2) add subparagraph 48) to Article 9 as follows:

     "48) develops a comprehensive traffic management scheme.".

     25. To the Law of the Republic of Kazakhstan dated April 15, 2013 "On Public Services":

     1) the title should be worded as follows:

     "On Government and socially responsible services";

     2) in the preamble, replace the words "public services" with the words "public and socially responsible services";

     3) in article 1:

 

      Subclauses 1-2), 1-3) and 1-4) should be worded as follows:  

     "1-2) socially responsible service is a service provided on an ongoing basis and aimed at meeting the basic and socially significant needs of individuals and legal entities, with the exception of public services;

     1-3) partnership agreement – an agreement concluded by a State Corporation with business entities that meet the requirements and have been selected by an authorized body in the field of public and socially responsible services to provide services for accepting applications for public services and issuing their results to the recipient;  

     1-4) partner organization – a business entity that has concluded a partnership agreement in accordance with this Law;";

     add subparagraph 1-5) to read as follows:

     "1-5) the principle of "one application" is a form of public service provision that provides for a combination of several public services provided on the basis of a single application;";

     in subparagraph 4), replace the words "public services" with the words "public or socially responsible services";

     in subparagraph 17), replace the words "public services" with the words "public and socially responsible services";

     4) in article 2:

     In the title, replace the words "public services" with the words "public and socially responsible services";

     In paragraph 1, replace the words "public services" with the words "public and socially responsible services";

     5) in the title and text of Article 3, the words "public services" and "Public services" should be replaced, respectively, with the words "public and socially responsible services" and "Public and socially responsible services".;

     6) in article 4:

     in paragraph 1:

     in subparagraph 1), replace the words "public service" with the words "public or socially responsible service";

     subparagraph 2) should be supplemented with the words ", or socially responsible service in accordance with the rules defining the procedure for providing socially responsible services and approved by the service provider";

     add subparagraph 3-1) to read as follows:  

     "3-1) appeal against decisions, actions (inaction) of the service provider and (or) their officials, the State Corporation and (or) its employees on the provision of socially responsible services in accordance with the procedure established by legislative acts of the Republic of Kazakhstan;";

     in subparagraph 4), replace the words "public service" with the words "public or socially responsible service";

     in subparagraph 6), replace the words "public services" with the words "public and socially responsible services";

 

      subparagraph 7) should be supplemented with the words ", or the rules defining the procedure for providing socially responsible services";

     In paragraph 2, the words "public services" should be replaced by the words "public or socially responsible services";

     7) in article 5:

     In subparagraph 1) of paragraph 1, the words "public services" should be replaced by the words "public or socially responsible services";

     in paragraph 2:

     in part one:

     add subparagraph 1-1) as follows:

     "1-1) provide socially responsible services in accordance with the rules governing the provision of socially responsible services and approved by the service provider in consultation with the authorized body responsible for regulation or management in the relevant field;";

     In sub-paragraphs 2), 3) and 4), the words "public services" should be replaced by the words "public or socially responsible services";

     in subparagraph 5):

     replace the words "result of the state" with the words "result of the state or socially responsible";

     Replace the words "term of State service" with the words "term of state or socially responsible service".;

     after the words "procedure for the provision of public services," add the words "or rules for the provision of socially responsible services,";

     after the words "state exclusion", add the words "or socially responsible";

     in subparagraph 8), replace the words "public service" with the words "public or socially responsible service";

     in subparagraph 10), replace the words "public services" with the words "public or socially responsible services";

     in subparagraph 11):

     Replace the words "public services" with the words "public or socially responsible services";

     replace the words "provision of public services" with the words "their provision";

     in subparagraph 12), replace the words "public services" with the words "public or socially responsible services";

     subparagraph 13):  

     after the words "to provide state services", add the words "or socially responsible";

     add the words ", or rules for the provision of socially responsible services";

     in subparagraph 14), replace the words "public services" with the words "public or socially responsible services";

     in the first paragraph and subparagraph 1) of Part two, the words "public services" should be replaced by the words "public or socially responsible services";

     8) in the title of Chapter 2, replace the words "public services" with the words "public and socially responsible services";

     9) in the title and text of article 6, replace the words "public services" with the words "public and socially responsible services";

     10) in article 8:

     In the title, replace the words "public services" with the words "public and socially responsible services";

     In the first paragraph, replace the words "public services" with the words "public and socially responsible services";

     in subparagraph 1), replace the words "public services" with the words "public and socially responsible services";

     subparagraph 5) should be supplemented with the words ", and standard rules for the provision of socially responsible services";

     subparagraph 6) should be supplemented with the words ", or rules for the provision of socially responsible services";

     in subparagraph 8-1), replace the words "public services" with the words "public and socially responsible services";

     add subparagraph 8-2) to read as follows:

     "8-2) develops and approves the list of socially responsible services in accordance with the procedure determined by the authorized body in the field of public and socially responsible services;";

     11) in article 10:

     in subparagraph 3), replace the words "public services" with the words "public and socially responsible services";

     subparagraph 4) should be supplemented with the words ", and rules for the provision of socially responsible services";

     In sub-paragraphs 5), 6), 12) and 13-1), the words "public services" should be replaced by the words "public and socially responsible services";

     add subparagraph 13-2) to read as follows:

     "13-2) develop and approve standard rules for the provision of socially responsible services in areas of government regulation or management;";

     in subparagraph 14), replace the words "public services" with the words "public and socially responsible services";  

     subparagraph 15) should be supplemented with the words ", and rules for the provision of socially responsible services";

     12) in article 11:

     in subparagraph 1), replace the words "public services" with the words "public and socially responsible services";

subparagraph 2) should be supplemented with the words ", and rules for the provision of socially responsible services";  

     In sub-paragraphs 3) and 4), the words "public services" should be replaced by the words "public and socially responsible services";

 

      Subparagraph 8) should be worded as follows:  

     "8) ensure the provision of information to the authorized body for the assessment and control of the quality of public services for the assessment of the quality of public services, as well as information on the results of internal control over the quality of public and socially responsible services in accordance with the procedure and deadlines established by the legislation of the Republic of Kazakhstan;";

     In sub-paragraphs 10), 11) and 12), the words "public services" should be replaced by the words "public and socially responsible services";

     subparagraph 13) should be worded as follows:

     "13) ensure that service providers comply with subordinate regulatory legal acts defining the procedure for the provision of public services and the rules for the provision of socially responsible services;";

     13) in subparagraph 3-1) of Article 14:  

     add the following third paragraph:

     "the name of the subspecies (if any) of the public service;";

     Add the words "and its subspecies (if any)" to paragraphs four, five, six and seven;

     The eighth paragraph after the words "public service" should be supplemented with the words "and its subspecies (if any)";

     Add the words "and its subspecies (if any)" to the tenth paragraph.;

     The eleventh paragraph after the words "public service" should be supplemented with the words "and its subspecies (if any)";

     14) the title of chapter 4 should read as follows:  

     "Chapter 4. Provision of public or socially responsible services";

     15) in the title and text of article 18, the words "public services" and "Public services" should be replaced, respectively, with the words "public or socially responsible services" and "Public or socially responsible services".;

     16) in article 19:

     The title should be worded as follows:  

     "Article 19. Provision of government or socially responsible services by service providers";

     add the following part of the second part:

     "Requirements and procedures for the provision of socially responsible services are developed by service providers in accordance with the standard rules for the provision of socially responsible services and approved by service providers in accordance with the requirements of this Law.";

     after the words "public service," add the words "or rules for the provision of socially responsible services,";

     17) in the title and text of Article 19-1, the words "public services" and "public services" should be replaced, respectively, with the words "public or socially responsible services" and "public or socially responsible services".;

     18) in article 23:

     In the title, replace the words "public services" with the words "public and socially responsible services";

     in paragraph 1:

     In the first paragraph, replace the words "public services" with the words "public and socially responsible services";

     subparagraphs 1) and 3) after the word "services," add the words "or standard rules for the provision of socially responsible services and rules for the provision of socially responsible services";

 

      paragraph 2 after the word "services," add the words "or model rules for the provision of socially responsible services and rules for the provision of socially responsible services";

 

      Paragraph 3 after the word "services" should be supplemented with the words "and (or) socially responsible services";

 

      Paragraph 4 should be supplemented with the words "or socially responsible" after the word "state-owned";

     In paragraph 5, replace the words "public services" with the words "public and socially responsible services";

 

      Item 6:

     after the words "in the field of public services", add the words "and (or) socially responsible";

     after the words "quality of public services", add the words "and (or) socially responsible";

     add the words ", and rules for the provision of socially responsible services";

     19) in the title and paragraph 1 of article 25, the words "public services" should be replaced by the words "public and socially responsible services";

     20) in the title and text of article 30, the words "public services" should be replaced by the words "public and socially responsible services".

     26. To the Law of the Republic of Kazakhstan dated April 11, 2014 "On Civil Protection":

     1) add sub-paragraphs 28-2), 30-1), 61-6) and 61-7) to Article 1 as follows:

     "28-2) landslide hazard – the threat of a landslide process that may cause damage to human health, infrastructure and the environment;";

     "30-1) avalanche danger – a threat to human life and health, as well as damage to the environment and the economy, resulting from an avalanche from the slopes of mountains;";

     "61-6) maps of mudflow, landslide and avalanche hazards and risks – maps that define and display the zoning of the territory according to the degrees of mudflow, landslide and avalanche hazards and degrees of risk;

     61-7) mudflow hazard – a threat from mudstone streams, which are sudden, rapid streams of water, mud, stones and trees moving along mountain slopes with high destructive force;";

     2) in article 15:

 

      Sub-paragraphs 10-1) and 10-3) of paragraph 3 shall be worded as follows:

     "10-1) organization of seismic hazard assessment, seismic zoning, mudflow, landslide, avalanche hazards and risks in the relevant administrative-territorial unit;";

     "10-3) approval of multi-scale maps of seismic zoning, seismic risk, mudflow, landslide, avalanche hazards and risks;";

 

      Subparagraph 5) of paragraph 4 should be worded as follows:

     "5) to decide on the allocation of money from the local budget for the development of multi-scale maps of seismic zoning (zoning), seismic risk, mudflow, landslide and avalanche hazards and risks.";

     3) add article 42-1 as follows:

     "Article 42-1. Assessment of mudflow, landslide and avalanche hazards and risks

     1. The assessment of mudflow, landslide and avalanche hazards and risks is carried out by scientific organizations.

     2. The assessment of mudflow, landslide and avalanche hazards is a quantitative indicator of dangerous phenomena, characterizing their scale, frequency and prevalence.

     Based on the results of the assessment of mudflow, landslide and avalanche hazards, maps of mudflow, landslide and avalanche hazards and risks are created.

     3. Mudflow, landslide and avalanche risks are assessed by scientific forecasting of human casualties and material losses that may occur as a result of mudflows, avalanches and landslides.

     Based on the results of the assessment of mudflow, landslide and avalanche risks, maps of mudflow, landslide and avalanche hazards and risks are created.

     4. Maps of mudflow, landslide and avalanche hazards and risks are used to regulate land use by local executive authorities, as well as to prevent damage and ensure safety and infrastructure.

     5. The procedure for the development and application of multi-scale maps of mudflow, landslide and avalanche hazards and risks is determined by the authorized body in the field of science in coordination with the authorized body.";

     4) the sixth part of article 58 should be worded as follows:

     "The harm (damage) caused to victims as a result of natural emergencies is compensated in accordance with the procedure determined by the authorized body.".

     27. To the Law of the Republic of Kazakhstan dated May 16, 2014 "On Permits and Notifications":

     1) in paragraph 3 of Article 7, the words "public services" should be replaced by the words "public and socially responsible services";

     2) in paragraph 7 of Article 17, the words "On public services" should be replaced by the words "On public and socially responsible services";

     3) in paragraph 4 of article 36:

     In Part one, the words "The Law of the Republic of Kazakhstan "On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan" should be replaced by the words "The Building Code of the Republic of Kazakhstan";

     in Part two, replace the words "with the Law of the Republic of Kazakhstan "On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan" with the words "with the Building Code of the Republic of Kazakhstan";

     4) in Appendix 2:

     Line 347 should be worded as follows:

     "

347.

Certification of specialists in the field of architecture, urban planning and construction activities

Specialist certificate in the field of architectural, urban planning and construction activities

The competition or peer review procedure is applicable.

     ";

     delete line 347-1;

     add line 347-4 to read as follows:

     "

347-4.

Accreditation of expert organizations that carry out expert work on the implementation of comprehensive non-departmental expertise of projects

Certificate of accreditation

The permit is valid for 2 years; the competition or peer review procedure is applicable.  

     ".

     28. To the Law of the Republic of Kazakhstan dated February 9, 2015 "On State Youth Policy":

     Delete subparagraph 12-1) of article 6.

     29. To the Law of the Republic of Kazakhstan dated April 6, 2016 "On Legal Acts":

     1) add subparagraph 21) to Article 8 as follows:

     "21) in the field of architecture, urban planning and construction.";

     2) Delete subparagraph 10) of Article 9.

     30. To the Law of the Republic of Kazakhstan dated April 7, 2016 "On Equity Participation in Housing Construction":

     1) the preamble:

after the words "money from shareholders," add the words "implementation of renovation projects for dilapidated and dilapidated housing using equity mechanisms in housing construction,";

     add the words "and agreements on equity participation in housing construction as part of renovation";

     2) in article 1:

 

      subparagraph 1-1) should be supplemented with the words "and (or) to shareholders within the framework of renovation under agreements on equity participation in housing construction within the framework of renovation";

 

      subparagraph 2) should be supplemented with the words "and (or) to shareholders within the framework of renovation under the agreement on the provision of a guarantee of equity participation in housing construction within the framework of renovation";

 

      subparagraph 3) should be supplemented with the words "or an agreement on the provision of a guarantee of equity participation in housing construction as part of renovation";

     add the following sub-items 4-1), 8-2), 8-3), 8-4) and 8-5) as follows:

     "4-1) a renovation agreement under a guarantee (hereinafter referred to as a renovation agreement) is an agreement concluded between a Single Housing Construction Operator, a developer and an authorized company on the conditions for providing a guarantee of equity participation in housing construction as part of the renovation;";

     "8-2) renovation co–investor is an individual (with the exception of temporarily staying foreigners) or a legal entity that has entered into an equity agreement in housing construction as part of the renovation in order to obtain a share in an apartment building;

     8-3) equity participation in housing construction within the framework of renovation – the relationship of the parties based on an agreement on equity participation in housing construction within the framework of renovation;

     8-4) an agreement on the provision of a guarantee of equity participation in housing construction within the framework of renovation (hereinafter referred to as the agreement on the provision of a guarantee within the framework of renovation) is an agreement concluded between a Single Housing Construction Operator, a developer, an authorized company and all owners of the renovation facility or real estate included in the renovation facility, in accordance with the procedure and on the terms determined by by this Law;

     8-5) an agreement on equity participation in housing construction within the framework of renovation is an agreement concluded between an authorized company and an equity holder within the framework of renovation, regulating the legal relations of the parties related to equity participation in housing construction within the framework of renovation, in which one party undertakes to ensure the construction of an apartment building and transfer, upon completion of construction, a share in an apartment building to the other party. an apartment building, and the second – to make a counter provision of the renovation object and (or) real estate within the renovation object and accept a share in an apartment building;";

     in subparagraph 12), replace the words "and co-investor" with the words ", co-investor and co-investor in the framework of renovation";

 

      subparagraph 18-2) after the words "in housing construction", add the words "and (or) to the shareholder within the framework of renovation in accordance with the agreement on equity participation in housing construction within the framework of renovation";

     3) paragraph 2 of Article 2 shall be worded as follows:

     "2. The legislation of the Republic of Kazakhstan on land relations, on architectural, urban planning and construction activities, as well as on housing relations, applies to equity participation in housing construction in the part not regulated by this Law.";

     4) add the words "and (or) make payment by transferring ownership of the renovation object and (or) the immovable property included in the renovation object," to the first part of paragraph 1 of Article 3.;

     5) in article 5:

     Add sub-paragraphs 2-1), 3-1), 3-2) and 3-3) as follows:

     "2-1) develops and approves a standard form of an agreement on equity participation in housing construction as part of renovation;";

     "3-1) develops and approves a standard form of a guarantee agreement within the framework of renovation;

     3-2) develops and approves the standard form of the renovation agreement within the framework of the guarantee;

     3-3) develops and approves the procedure for the provision by an authorized company of temporary housing and (or) compensation payments to the owners of the renovation facility and (or) real estate included in the renovation facility;";

     subparagraph 4) after the words "housing construction", add the words "and agreements on equity participation in housing construction as part of renovation";

     add subparagraph 5-1) to read as follows:

     "5-1) develops and approves a standard form of a pledge agreement for real estate in the framework of renovation;";

     subparagraph 11-2) should be supplemented with the words "and equity participation in housing construction as part of renovation";

     Add sub-paragraphs 11-4), 11-5) and 11-6) to read as follows:

     "11-4) develops and approves the procedure for reviewing documents on the construction project of an apartment building or a complex of individual residential buildings for the conclusion of a guarantee agreement and contracts within the framework of renovation;

     11-5) develops and approves the rules for registering the pledge of shares in an apartment building or a complex of individual residential buildings;

     11-6) develops and approves standard rules for the formation and maintenance of the register of unscrupulous developers;";

     6) in article 6:  

     subparagraph 9) after the words "in housing construction", add the words "and agreements on equity participation in housing construction as part of renovation";

     add subparagraph 9-1) as follows:

     "9-1) form and maintain a register of unscrupulous developers;";

     7) add article 8-1 as follows:

     "Article 8-1. Organization of equity participation in housing construction as part of renovation by obtaining a guarantee from a Single operator

     1. In order to carry out activities related to the organization of equity participation in housing construction as part of renovation in order to obtain a guarantee from a Single Operator, the developer must meet the following requirements:

     1) have experience in the construction of multi-family residential buildings as a customer, contractor (general contractor) for at least two years, with a total area of at least ten thousand square meters during construction in cities of republican significance, the capital, and at least five thousand square meters during construction in other administrative-territorial units;

     2) have assets, the value of which must be at least ten percent of total assets remaining after deducting short-term and long-term liabilities, for the last two financial years according to its financial statements, confirmed by the auditor's report;

     3) the value of the coefficient calculated by the ratio of borrowed funds and equity capital should not exceed seven during the entire period of construction of an apartment building before its commissioning.

     2. In order to carry out activities related to the organization of equity participation in housing construction within the framework of renovation by obtaining a guarantee from a Single Operator, the developer creates an authorized company or acquires one hundred percent of the voting shares (shares in the authorized capital) of another legal entity to carry out activities for no more than one multi-apartment building construction project.

     An apartment building construction project may include several construction projects on the same land plot.

     It is allowed to build construction projects on several land plots if such construction is provided for by the multi-apartment building construction project.

     The developer has the right to involve an authorized company that has fulfilled its obligations for the construction, commissioning and commissioning of a previous project for the construction of an apartment building or a complex of individual residential buildings, or another legal entity of which he is the sole founder (participant).

     3. In order to organize equity participation in housing construction as part of renovation in order to obtain a guarantee from a Single Operator, an authorized company must have:

     1) an agreement signed by the developer, an authorized company and all owners of the renovation facility and (or) the real estate included in the renovation facility to provide a guarantee within the framework of the renovation;

     2) the money planned to be spent in accordance with Article 20 of this Law, in an amount equivalent to the cost of housing, which will be transferred to the owners of the renovation object and (or) real estate included in the renovation object, but not less than thirty percent of the declared project cost, as well as for the provision of temporary housing to the owners of the renovation object and (or) immovable property included in the renovation project, in the amount of, in accordance with the procedure established by the authorized company for providing temporary housing and (or) compensation payments to the owners of the renovation facility and (or) real estate included in the renovation facility, taking into account the extension of the construction period;

     3) money to pay the commission for the review of documents, the guarantee fee under the contract for the provision of guarantees in the framework of renovation.

     4. In order to organize equity participation in housing construction as part of renovation, an apartment building and (or) an individual apartment building with a plot of land included in the housing renovation program must be the object of renovation.

     The renovation object must be free from any encumbrances, rights and claims of third parties.

     5. The concluded guarantee agreement within the framework of renovation is the basis for attracting money from shareholders, taking into account the requirements of the second part of paragraph 1 of Article 36 of this Law and does not require the developer and the authorized company to obtain permission to attract money from shareholders from the local executive body.

6. A renovation agreement is concluded between a Single Operator, a developer and an authorized company. The term of the renovation agreement is determined in accordance with subparagraph 10) of paragraph 3 of Article 32 of this Law and until its expiration, the Single Operator is not entitled to conclude a renovation agreement with other developers and authorized companies.

     7. In order to comply with the requirements of this Law, the developer and the authorized company shall submit to the Single Operator, through the digital system of the Single Operator, annual financial statements, confirmed by an audit report, and quarterly financial statements in accordance with the legislation of the Republic of Kazakhstan on accounting and financial reporting during the term of the renovation guarantee agreement.

     8. In order to conclude a renovation agreement with the subsequent guarantee of a Single Operator, the developer and the authorized company submit an application for the organization of equity participation in housing construction as part of the renovation.";

     8) in article 11:

     add the words "and the agreement on equity participation in housing construction as part of renovation" to the title;

     in paragraph 1:

     the words "housing construction is concluded in writing or" should be replaced by the words "housing construction and the agreement on equity participation in housing construction within the framework of renovation are concluded in electronic form";

     Replace the words "considered prisoners" with the words "considered prisoners";

 

      Paragraph 2 after the words "housing construction" should be supplemented with the words "and agreements on equity participation in housing construction as part of renovation";

 

      Paragraph 3 should be supplemented with the second part as follows:

     "The agreement on shared participation in housing construction within the framework of renovation specifies the number and date of the concluded agreement on the provision of guarantees within the framework of renovation.";

     Add paragraphs 4, 5, 6, 7, 8 and 9 as follows:

     "4. The agreement on equity participation in housing construction within the framework of renovation is concluded on the terms:

     1) equivalence of compensation in terms of room size (the living area of the received share must be at least less than the living area of the renovation object transferred by the owner of the immovable property);

     2) equivalent compensation.

     Other conditions are established by agreement of the parties in accordance with the civil legislation of the Republic of Kazakhstan.

     5. Agreements on equity participation in housing construction within the framework of renovation, concluded with the owners of real estate of renovation facilities, are signed within the time limits set out in the standard form of a guarantee agreement within the framework of renovation.

     6. The transferred share under the agreement on equity participation in housing construction in the framework of renovation must comply with established construction, sanitary-epidemiological, environmental, fire-fighting, technical and other mandatory standards.

     7. Under the agreement on equity participation in housing construction as part of the renovation, the authorized company is obliged to reimburse the owners of the renovation facility and (or) the immovable property included in the renovation facility for the rental of temporary housing and (or) other expenses in accordance with the procedure for providing the authorized company with temporary housing and (or) compensation payments to the owners of the renovation facility and (or) real estate included in the renovation project.

     8. The owner of the renovation facility or the immovable property included in the renovation facility must accept the share within thirty calendar days from the date of receipt of the notification of the need to sign a share transfer agreement from an authorized company.

     9. Upon occurrence of a guarantee event, the obligations of the authorized company to the owners of the renovation facility and (or) the immovable property included in the renovation facility for the provision of temporary housing and (or) compensation payments are carried out in accordance with the procedure for the provision of temporary housing and (or) compensation payments by the authorized company to the owners of the renovation facility and (or) the immovable property included in the renovation to the renovation facility.";

     9) add article 11-1 as follows:

     "Article 11-1. Pledge of shares in an apartment building or a complex of individual residential buildings

     The pledge of shares in an apartment building or a complex of individual residential buildings, including unrealized ones, is subject to mandatory registration by the local executive body at the location of the apartment building or complex of individual residential buildings in the unified digital system of equity participation in housing construction in accordance with the procedure approved by the authorized body.";

     10) add paragraph 3 to article 12 as follows:

     "3. The provisions of this article shall apply to agreements on equity participation in housing construction within the framework of renovation, as well as agreements on the assignment of rights of claims under them.";

     11) add article 12-1 as follows:

     "Article 12-1. The register of unscrupulous developers

     1. In order to protect the rights and legitimate interests of citizens in the field of shared-equity construction, as well as to prevent the activities of unscrupulous developers, local executive authorities maintain a register of unscrupulous developers.

     2. The grounds for inclusion in the register of unscrupulous developers are:

     1) a judicial act that has entered into legal force on the demolition of an unauthorized multi-apartment residential building and (or) an individual residential building;

     2) a judicial act that has entered into legal force in a fraud case in accordance with article 190 of the Criminal Code of the Republic of Kazakhstan.

     3. Developers, whose information is entered in the register, are not allowed to attract funds from shareholders in accordance with the procedure established by this Law, for three years from the date of entry in the register.

     4. The grounds for exclusion from the register of unscrupulous developers are:

     1) expiration of the term established by this Law;

     2) the existence of a judicial act that has entered into legal force to repeal the judicial act that served as the basis for inclusion in the register;

     3) the existence of a judicial act that has entered into legal force appealing the decision and (or) actions of the local executive body on inclusion in the register.

     5. The developer has the right to appeal the decision and (or) actions of the local executive body on inclusion in the register in court.

     6. The procedure for organizing and maintaining the register, as well as the procedure for inclusion and exclusion from it, are regulated by a subordinate regulatory legal act approved by the authorized body.";

     12) add paragraph 5 to article 13 as follows:

     "5. The provisions of this article apply to agreements on shared participation in housing construction within the framework of renovation.";

     13) in article 14:

     add the words "and the shareholder in the framework of the renovation" to the title;

     in paragraph 1:

     The first paragraph should be worded as follows:

     "1. The shareholder and (or) the shareholder in the framework of the renovation has the right to:";

     subparagraph 2) after the words "housing construction", add the words "and the agreement on equity participation in housing construction within the framework of renovation";

     subparagraph 3) should be supplemented with the words "and agreements on equity participation in housing construction within the framework of renovation";

     in subparagraph 4), replace the word "developer" with the words "authorized company";

     add subparagraph 5) as follows:

     "5) pledge a share in an apartment building or a complex of individual residential buildings with mandatory registration in the unified digital system of equity participation in housing construction.";

     in paragraph 2:

     The first paragraph should be worded as follows:

     "2. As part of the renovation, the equity holder and (or) the equity holder are required to:";

     subparagraph 1) should be supplemented with the words ", with the exception of the shareholder in the framework of the renovation";

     subparagraph 2) should be supplemented with the words "and agreements on equity participation in housing construction within the framework of renovation";

     subparagraph 3) after the word "equity holder" add the words "or equity holder in the framework of renovation";

     14) in article 15:

     Add the words "and the agreement on equity participation in housing construction as part of renovation" to the title.;

 

      Paragraph 1 should be supplemented with the second part as follows:

     "The cost of the share is paid by the shareholder as part of the renovation by transferring ownership of the renovation object and (or) the immovable property included in the renovation object to an authorized company after the Single Operator joins the contract for the provision of guarantees under the renovation and state registration of rights and encumbrances to the renovation object and (or) the immovable property included in the renovation object. the renovation object.";

 

      Paragraph 2 should be supplemented with the following part two:

     "The obligations of the shareholder within the framework of the renovation are considered fulfilled from the moment of state registration of the transfer of ownership of the authorized company to the renovation object and (or) the immovable property included in the renovation object and the acceptance of a share in an apartment building in accordance with the agreement on equity participation in housing construction within the renovation.";

 

      Paragraph 4 should be supplemented with the words "or an agreement on equity participation in housing construction as part of renovation";

 

      paragraph 5 after the word "to the shareholder" should be supplemented with the words "and (or) to the shareholder as part of the renovation";

     15) add paragraph 7 to article 16 as follows:

     "7. In the event of a guarantee event, when the shareholder applies for a refund of the money deposited by him, the authorized company reimburses the cost of the share under the equity agreement in housing construction in an amount not exceeding the amount of money contributed by the shareholder for this share.

If an equity holder applies for the return of the contributed share within the framework of the renovation, the authorized company reimburses the cost of the share in accordance with the contract of equity participation in housing construction within the framework of the renovation.";

     16) in article 17:

     in paragraph 1:

     after the word "to the shareholder" add the words "and (or) to the shareholder as part of the renovation";

     replace the word "his" with the words "their (his)";

     add the words "and (or) an agreement on equity participation in housing construction as part of renovation";

     in paragraph 2:

     after the word "to the shareholder" add the words "and (or) to the shareholder as part of the renovation";

     replace the word "his" with the words "their (his)";

 

      Paragraph 3 should be supplemented with the words "and to shareholders within the framework of renovation";

     in paragraph 4:

     after the word "to the shareholder" add the words "and (or) to the shareholder as part of the renovation";

     replace the word "contract" with the word "contracts";

     after the words "housing construction", add the words "and (or) on equity participation in housing construction as part of renovation";

     after the word "equity holder" add the words "and (or) equity holder as part of the renovation";

     in paragraph 5:

     replace the words "Equity holder who received" with the words "Equity holder and (or) equity holder who received" as part of the renovation;

     replace the word "must" with the word "must";

     after the words "housing construction", add the words "and (or) an equity participation agreement in housing construction as part of renovation";

     in paragraph 6:

     replace the words "The co-investor who discovered" with the words "The co-investor and (or) the co-investor who discovered as part of the renovation";

     replace the words "and agreements on equity participation in housing construction" with the words ", agreements on equity participation in housing construction and (or) agreements on equity participation in housing construction as part of renovation";

     add paragraph 7 as follows:

     "7. When registering rights to immovable property arising on the basis of an act of acceptance of an apartment building or a complex of individual residential buildings for operation, information on the registration of a pledge of a share in the unified digital system of equity participation in housing construction is transmitted through integration into the unified state cadastre of registered rights (encumbrances of rights) to immovable property for subsequent registration of encumbrances of rights to real estate.";

     17) in article 19:

     the first paragraph of the second part of paragraph 3 after the word "shareholders" should be supplemented with the words "and (or) shareholders within the framework of renovation";

 

      paragraph 4 after the word "shareholders" should be supplemented with the words "and (or) shareholders within the framework of renovation";

 

      Paragraph 7 should be supplemented with the words "and (or) an equity participation agreement in housing construction as part of renovation";

 

      Add the words "and (or) shareholders in the framework of renovation" to paragraph 10;

     18) the first part of paragraph 3 of Article 20:

     after the words "Single Operator", add the words ", including as part of the renovation,";

     after the words "Article 8", add the words "and sub-paragraphs 2) and 3) of paragraph 3 of Article 8-1";

     19) in article 22:

     subparagraph 3) of paragraph 1, after the words "providing a guarantee", add the words "or a guarantee agreement within the framework of renovation";

     Add paragraph 4-1 to read as follows:

     "4-1. If the renovation guarantee agreement has not entered into force, the authorized company is obliged to notify the owners of the renovation facility and (or) the immovable property included in the renovation facility within ten calendar days from the moment when it became aware or should have become aware of this fact.";

     20) in the first part of article 23, the words "or the numbers and dates of the concluded guarantee agreement" should be replaced by the words ", the numbers and dates of the concluded guarantee agreement or the renovation guarantee agreement";

     21) in article 25:

     in paragraph 1:

     subparagraph 1) should be supplemented with the words ", including within the framework of renovation";

     subparagraph 2) after the word "shareholders" add the words "and (or) shareholders in the framework of renovation";

     in paragraph 2:

 

      subparagraph 1) after the words "housing construction", add the words "or to organize equity participation in housing construction as part of renovation";

 

      subparagraph 2) should be supplemented with the words "and (or) to shareholders within the framework of renovation";

 

      subparagraph 5-2) after the word "shareholders" add the words "and (or) shareholders in the framework of renovation";

     22) in article 26:

     in paragraph 1:

     sub-paragraph 6) should be deleted;

     add subparagraph 6-1) as follows:

     "6-1) to gain access to the digital system of the unified state cadastre of registered rights (encumbrances of rights) to immovable property and other state databases through integration;";

     in paragraph 2:

     subparagraph 2) after the word "guarantees", add the words "or a guarantee agreement within the framework of renovation".;

     subparagraph 4) should be supplemented with the words "and guarantee agreements within the framework of renovation";

     subparagraph 7) after the word "guarantees", add the words "and guarantee agreements within the framework of renovation".;  

     23) add the words "or guarantee agreements within the framework of renovation" to paragraph 2 of article 29;

     24) in article 30:

 

      Paragraph 1 should be supplemented with the following third part:

     "When organizing equity participation in housing construction as part of renovation by obtaining a Single Operator's guarantee, the guarantee fee is paid before the Single Operator joins the renovation guarantee agreement.";

 

      Paragraph 2 after the word "guarantees" should be supplemented with the words "or a guarantee agreement within the framework of renovation";

     the first paragraph of paragraph 3 after the word "guarantees" should be supplemented with the words "or a guarantee agreement within the framework of renovation";

     in paragraph 4:

     in part one:  

     Replace the words "Single operator" with the words "or a Single operator warranty agreement";

     add the words "or a guarantee agreement within the framework of renovation";

     in part two:  

     Replace the words "guarantees may be terminated" with the words "guarantees and the contract for the provision of guarantees within the framework of renovation may be terminated";

     replace the words "and return" with the words "and (or) agreements on equity participation in housing construction as part of renovation and return";

     add the words "or reimbursement of the cost of the share in accordance with the agreement on equity participation in housing construction as part of renovation by agreement of the parties";

     25) in article 31:

     add the words "and contracts within the framework of renovation" to the title;

 

      Point 1:

     after the word "shareholders", add the words "and (or) as part of the housing renovation program";

     after the word "guarantees", add the words "or contracts within the framework of renovation".;

     26) in article 32:

     subparagraph 2) of paragraph 1 should be supplemented with the words "or a guarantee agreement within the framework of renovation";

 

      Paragraph 2 after the word "guarantees" should be supplemented with the words "or a guarantee agreement within the framework of renovation";

     in paragraph 3:

     the first paragraph after the word "guarantees" should be supplemented with the words "or a guarantee agreement within the framework of renovation";

 

      subparagraph 6) after the word "guarantees", add the words "or a guarantee agreement within the framework of renovation".;

 

      subparagraph 7) after the word "guarantees", add the words "or a guarantee agreement within the framework of renovation".;

     add sub-paragraphs 9) and 10) as follows:

     "9) in case of non-compliance of the renovation guarantee agreement with the terms of the renovation agreement;

     10) if the developer, authorized by the company, fails to submit a guarantee agreement within the framework of the renovation for joining a Single Operator within three months from the date of conclusion of the renovation agreement.";

     add paragraph 3-1 as follows:

     "3-1. The Single Operator is obliged to refuse to conclude a renovation agreement on one or more of the grounds specified in paragraph 3 of this Article.";

 

      Paragraph 4 after the word "guarantees" should be supplemented with the words ", the renovation agreement within the framework of the guarantee and the guarantee agreement within the framework of the renovation";

     in paragraph 5:  

     add the following part of the second part:

     "When a Single Operator decides to conclude a guarantee agreement within the framework of renovation, an agreement on the establishment of collateral for the renovation object and (or) real estate included in the renovation object, an agreement on the pledge of voting shares (shares in the authorized capital) of an authorized company, an agreement on the trust management of voting shares (shares in the authorized capital) the authorized company and the developer must be concluded simultaneously with the conclusion by the Single Operator of a guarantee agreement within the framework of the renovation.";

     Part two:

     after the words "housing construction", add the words "and (or) an agreement on equity participation in housing construction as part of renovation";

     add the words "and the guarantee agreement within the framework of the renovation";

     27) in paragraph 1 of article 33, replace the words "article 8" with the words "articles 8 and 8-1";

     28) in article 34:

     Add the words "and a guarantee agreement within the framework of renovation" to the title.;

 

      Paragraph 1 should be supplemented with the second part as follows:

     "The renovation agreement and the renovation guarantee agreement are concluded in writing on the basis of a model agreement approved by the authorized body. The renovation guarantee agreement comes into force from the moment of state registration of the transfer of ownership of the authorized company to the renovation facility and registration of the pledge of a Single Operator for it.";

"The renovation agreement and the renovation guarantee agreement are concluded in writing on the basis of a model agreement approved by the authorized body. The renovation guarantee agreement comes into force from the moment of state registration of the transfer of ownership of the authorized company to the renovation facility and registration of the pledge of a Single Operator for it.";

     the first paragraph of paragraph 2 after the word "guarantees" should be supplemented with the words "and the contract for the provision of guarantees within the framework of renovation";

     29) add paragraph 7 to article 35 as follows:

     "7. The provisions of this article also apply to a guarantee agreement within the framework of renovation, with the exception of the requirement regarding the conclusion of a pledge agreement with an authorized company for a land plot together with an object of unfinished construction.

     At the same time, the authorized company is obliged to conclude a pledge agreement for the land plot of the renovation object after the right to this land plot arises.";

     30) paragraph 1 of Article 36 should be supplemented with the second part as follows:

     "The involvement of equity holders on the basis of a guarantee agreement within the framework of renovation is carried out only after the authorized company receives a positive conclusion from a comprehensive non-departmental expert examination of the multi-apartment building construction project.";

     31) in article 37:

     subparagraph 4) of paragraph 1 should be supplemented with the words "and (or) the shareholder (shareholders) within the framework of the renovation";

 

      Paragraph 3 should be supplemented with subparagraph 4) as follows:

     "4) violation by the authorized company of the terms and conditions stipulated in the contract for the provision of guarantees within the framework of renovation.";

     32) in article 38:

     add the words "and the contract for the provision of guarantees in the framework of renovation" to the title;

     subparagraph 6) of paragraph 1 after the word "shareholders" add the words "and (or) shareholders in the framework of renovation";

 

      Paragraph 5 after the word "guarantees" should be supplemented with the words "and the contract for the provision of guarantees within the framework of renovation".

     31. To the Law of the Republic of Kazakhstan dated April 9, 2016 "On Mail":

     In paragraph 1 of article 23-1, the words "public services" should be replaced by the words "public and socially responsible services".

     32. To the Law of the Republic of Kazakhstan dated December 27, 2018 "On Natural Monopolies":

     1) Subparagraph 19) of Article 8 shall be worded as follows:

     "19) has the right to request and receive the necessary information within the framework of the exercise of its powers, including the consideration of appeals and the conduct of state control, from subjects of socially significant markets and subjects of natural monopolies, individuals and legal entities, including state bodies, local governments, as well as their officials, in compliance with the established the laws of the Republic of Kazakhstan require disclosure of information constituting commercial and other legally protected secrets;";

     2) in article 24:

 

      subitems 1) and 3) of paragraph 4 should be supplemented with the words "through the automated digital system of the state urban planning cadastre";

     in the first part of paragraph 5:

     the words "office of a natural monopoly entity, or" exclude;

     add the words ", or the automated digital system of the state urban planning cadastre";

     The second part of paragraph 7 should be worded as follows:  

     "Technical conditions for connection to the networks of a natural monopoly entity or an increase in the volume of regulated services are issued for three years and are presented in the automated digital system of the state urban planning cadastre.";

     3) add subparagraph 21-1) to the first part of paragraph 2 of Article 26 as follows:  

     "21-1) to post and (or) update on an ongoing basis the information provided for in paragraph 6-2 of Article 25 of this Law in the automated digital system of the state urban cadastre;".

     33. To the Law of the Republic of Kazakhstan dated June 8, 2021 "On Procurement of certain entities of the quasi-public sector":

 

      Paragraph 2 of article 1 should be supplemented with subparagraph 18) as follows:

     "18) related to the purchase of goods, works and services by an authorized company engaged in the provision of shared-equity construction of an apartment building and (or) a complex of individual residential buildings, upon the occurrence of a guarantee event in accordance with the legislation of the Republic of Kazakhstan on shared participation in housing construction.".

Article 2.

     1. This Law shall enter into force sixty calendar days after the date of its first official publication, with the exception of:

     1) paragraph 22 of Article 1, which will enter into force on January 1, 2026;

     2) sub-items 1), 2), 3), 5) and 8) of paragraph 3, paragraph 4, sub-paragraphs 2), 5) and 6) of paragraph 6, paragraphs 9, 24 and 26, subparagraph 3), paragraphs of the fifth and sixth sub-paragraphs 4) of paragraph 27, paragraph 29, paragraph the fourteenth subparagraph 5), paragraphs 3 and 4 of subparagraph 6), subparagraph 11) of paragraph 30 of Article 1, which will enter into force on July 1, 2026;

     3) sub-paragraphs 3) and 4) of paragraph 6 and paragraph 32 of Article 1, which shall enter into force six months after the date of its first official publication.;

     4) paragraphs one, two, three and four of subparagraph 4) of paragraph 27 of Article 1, which enter into force on July 1, 2028.

     2. Prior to the introduction of the Digital Code of the Republic of Kazakhstan, the words "digital system" and "digital system" should be considered as the words "information system" and "information system" respectively.

     3. Consumer cooperatives registered and operating prior to the enactment of this Law are required to:

     1) within one year from the date of entry into force of this Law, bring its activities in line with the requirement of the second paragraph of subparagraph 2) of paragraph 19 of Article 1 of this Law;

     2) make appropriate changes to its constituent documents and bring its activities in line with the requirements of subparagraph 1) of paragraph 19 of Article 1 of this Law. Until brought into compliance with this subparagraph, consumer cooperatives, their branches and representative offices shall be guided by the provisions of their charters to the extent that they do not contradict the requirements of this Law.

     In case of non-compliance with the requirements established by the first part of this paragraph, consumer cooperatives are subject to liquidation in court at the request of the judicial authorities of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan.

 

 

  

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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