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On amendments and additions to certain legislative acts of the Republic of Kazakhstan on the development of the telecommunications market and data processing centers

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 the development of the telecommunications market and data processing centers

The Law of the Republic of Kazakhstan dated June 19, 2026 No. 320-VIII SAM

 

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 2 of Article 193-1 after the word "communications;" add the words "data processing centers;".

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

     1) add the words to the tenth part of paragraph 8 of Article 44-1 with the words ", except in cases of provision of land plots for communication needs for the construction of communication facilities up to thirty meters high (antenna-mast structures, supports for cellular or satellite communications equipment and poles for joint use)";

     2) the second part of paragraph 3 of Article 44-2 should be supplemented with the words ", with the exception of cases when land plots are provided for communication needs for the construction of communication facilities up to thirty meters high (antenna-mast structures, supports for cellular or satellite communications equipment and poles for joint use)";

     3) paragraph 7 of Article 52 should be worded as follows:

     "7. The provisions of paragraph 1 of this Article do not apply to buildings (structures, structures) of the Baikonur complex assigned to state land users, to ownership of linear parts of main pipelines, to ownership of industrial buildings (structures, structures) built at the expense of investors, to antenna-mast structures and (or) supports. for cellular or satellite communication equipment on land plots owned by another person, with the consent of the owner of the land plot in the cases provided for by this Code.";

     4) parts two, three and four of paragraph 3 of Article 122 after the word "power transmission" should be supplemented with the words "communication networks".

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

     Add subparagraph 5) to the first part of paragraph 2 of Article 282-1 as follows:

     "5) interaction of the authorized body for investments with the National Chamber in the framework of the organization of investment project support.".

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

     in the second part of paragraph 3 of Article 43:

     In subparagraph 1), the words ", as well as making it publicly available" should be deleted.;

     In subparagraph 2), the words ", as well as making such an audiovisual work publicly available" should be deleted.;

     In subparagraph 5), the words ", as well as making it publicly available" should be deleted.

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

     1) Subparagraph 7-3) of paragraph 1 of Article 27 shall be worded as follows:

     "7-3) provides places with electricity supply for the construction by telecom operators of antenna-mast structures and (or) supports for cellular or satellite communications equipment, communication networks upon their application;";

     2) subparagraph 7-1) of paragraph 1 of Article 31 shall be worded as follows:

     "7-1) provides places with electricity supply for the construction by telecom operators of antenna-mast structures and (or) supports for cellular or satellite communications equipment, communication networks at their request;".

     6. To the Law of the Republic of Kazakhstan dated April 12, 2004 "On Regulation of Trading activities":

     1) add paragraph 7 to article 29-1 as follows:

     "7. When selling a cellular subscriber device, the seller must indicate in the documents confirming the purchase of the goods (performance of work, provision of services), the identification codes of the cellular subscriber device being sold.

     Prior to the sale of a cellular subscriber device, the seller is obliged to check the relevant identification codes of the cellular subscriber device being sold for restrictions or blocking using the database of identification codes of cellular subscriber devices.

     The owners of electronic trading platforms include in the contracts concluded between the seller and the electronic trading platform the obligation of sellers before selling a cellular subscriber device to check the cellular subscriber device for restrictions or blocking in the database of identification codes of cellular subscriber devices.";

     2) paragraph 1 of Article 31 should be supplemented with subparagraph 3-1) as follows:

     "3-1) provide the customer with the identification code of the cellular subscriber device to verify the verification status of this cellular subscriber device;";

     3) add subparagraph 4-5) to paragraph 3 of Article 32 as follows:

     "4-5) a cellular subscriber device that has not been verified in accordance with the procedure established by the legislation of the Republic of Kazakhstan;".

     7. To the Law of the Republic of Kazakhstan dated July 5, 2004 "On Communications":

     1) in article 2:

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

     "4-1) subscriber device control panel – a hardware and software complex that ensures the interaction of a telecom operator with subscriber devices operating in the territory of the Republic of Kazakhstan for their identification, activation, restriction or termination;

     4-2) subscriber number transfer is a service for saving and using a subscriber number in cellular networks provided to a subscriber upon conclusion of a new contract for the provision of cellular services with another cellular operator.;

     4-3) centralized subscriber number database – a hardware and software management system for a database containing information about cellular subscriber numbers, including information determined by the rules for transferring a subscriber number in cellular networks;

     4-4) operator of a centralized subscriber number database – an organization that ensures the formation, operation, maintenance and development of a centralized subscriber number database and provides access to its resources;";

     add subparagraph 4-5) to read as follows:

     "4-5) the cybersecurity certification center is a legal entity designated by the National Security Committee of the Republic of Kazakhstan, which issues security certificates in electronic form;";

     Sub-paragraphs 6) and 7) should be worded as follows:

     "6) special shipments – registered packages, parcels, hardware with attachments of state secrets or information of state bodies containing official information of limited distribution, and their carriers, as well as products, their components (substances) and goods of the defense industry;

     7) channels of the special postal service – a set of postal networks, divisions of the special postal service used for forwarding special items;";

     Sub-paragraph 9) should be deleted;

     add subparagraph 20-1) to read as follows:

     "20-1) universal communication services – the minimum list of communication services, which is fixed in the telecommunications and postal sector, developed and approved by the authorized body, the provision of which to any user of communication services in any locality within a specified period with established quality and price levels ensuring the availability of these services, is mandatory for universal service operators;";

     Subparagraph 22-2) should be worded as follows:

     "22-2) generated automatic calls – automated activity of establishing more than ten connections per minute;";

     add subparagraph 22-3) to read as follows:

     "22-3) data aggregation is the process of processing and providing information in a generalized form, in which it is depersonalized. Aggregated data is used by the telecom operator for reporting, analysis and research;";

     Sub-paragraphs 23), 24), 30-2) and 30-3) should be worded as follows:

     "23) connecting line – a set of technical means, including a communication line and parts of station equipment, providing interaction between connecting and connected telecommunications networks;

     24) connection point - a set of hardware and software systems designed to connect and interact satellite communication networks that provide traffic exchange;";

     "30-2) mobile base station – a base station installed on a vehicle designed for operational organization or provision of cellular communications;

     30-3) Internet of Things networks – a set of data transmission networks between physical devices that have access to the Internet and are equipped with built-in tools and technologies for interacting with each other or the external environment through telecommunications networks;";

     add sub-paragraphs 30-4) and 30-5) as follows:

     "30-4) Internet traffic - the amount of information transmitted and received through an Internet connection over a certain period of time;

     30-5) Internet traffic exchange point - a hardware and software complex for passing (exchanging) Internet traffic of telecom operators in the territory of the Republic of Kazakhstan;";

     Sub-paragraph 40-4) should be deleted;

     subparagraph 44) should be worded as follows:

     "44) postal items – written correspondence, parcels accepted for forwarding by the mail operator;";

     Add sub-paragraphs 46-1), 51-2), 51-3) and 64-2) as follows:

     "46-1) radio interference – electromagnetic interference that impairs the reception or transmission of radio signals by electronic means and causes errors or loss of information;";

"51-2) satellite communications network – a telecommunications network, including space and ground segments, created using satellite communication systems and designed to receive, transmit and route communication signals between subscribers and (or) users and communication networks;

     51-3) satellite communications ground station is a hardware and software complex located on the territory of the Republic of Kazakhstan that provides transmission, reception and processing of signals via communication satellites and interaction between the space and ground segments of the satellite communications network;";

     "64-2) fixed wireless access is a type of communication using a fixed line and a mobile communication network;";

     Subclauses 67-3), 67-4), 67-5) and 67-6) should be worded as follows:

     "67-3) cellular subscriber device – a technical means connected to the network of a cellular operator that generates electrical communication signals for transmitting or receiving information specified by the subscriber, having the identification code of the cellular subscriber device;

     67-4) verification of a cellular subscriber device – verification of information about a cellular subscriber device in order to confirm the legality of its use in cellular networks of the Republic of Kazakhstan;

     67-5) identification code of a cellular subscriber device is a code assigned by the manufacturer to a cellular subscriber device, which is transmitted to the network of a cellular operator when this device is connected to it.;

     67-6) virtual cellular operator – a telecom operator that uses the infrastructure of one or more cellular operators to provide cellular services;";

     Add sub-paragraphs 67-7) and 73-3) to read as follows:

     "67-7) supports for cellular or satellite communication equipment – communication structures that do not have a strong connection with the earth in the form of a sunken foundation for placing cellular or satellite communication equipment on them;";

     "73-3) call – the subscriber's action to establish a voice connection with another subscriber's subscriber device;";

     2) in paragraph 1 of article 8:

     add subparagraph 1-3) to read as follows:

     "1-3) participation in the implementation of projects in the field of communications aimed at stimulating the development of new technologies and infrastructure in the field of communications;";

     subparagraph 8-8) should be worded as follows:

     "8-8) approval of the rules for verification, registration and re-registration of cellular subscriber devices;";

     Sub-paragraph 19-4) should be deleted;

     3) paragraph 1 of Article 9-1 should be supplemented with sub-paragraphs 2-1) and 5-1) as follows:

     "2-1) technical support of the registry of distributed and reserve numbering resources;";

     "5-1) verification of cellular subscriber devices;";

     4) in paragraph 1 of article 10:

     sub-paragraph 3) should be deleted;

     Subparagraph 3-1) should be worded as follows:

     "3-1) at the request of the telecom operator, in coordination with the authorized body, provides places with electricity supply for the construction by telecom operators of antenna-mast structures and (or) supports for cellular or satellite communications equipment, communication networks;";

     5) add paragraph 7 to Article 11 as follows:

     "7. Subscriber devices of non-geostationary satellites of telecom operators do not undergo electromagnetic compatibility. When a subscriber device of a non-geostationary satellite communications operator creates radio interference with other technical means on other frequencies, according to the methodology for measuring the technical parameters of the quality of communication services, the owner of the subscriber device of a non-geostationary satellite must disable or transfer such a device at the request of the authorized body.";

     6) in article 12:

     in paragraph 5-1:

     Subparagraph 2) should be worded as follows:

     "2) sharing of radio frequencies allocated for the provision of cellular communication services and broadband access to communication services, including for the activities of a virtual cellular operator. The joint use of radio frequencies and communication networks is formalized by an agreement.";

     add the following parts of the second and third sections:

     "A cellular operator provides the virtual cellular operator specified in subparagraph 2) of part one of this paragraph with the opportunity to use the infrastructure of its communication network if technically possible and there is no congestion on the communication network.

     When concluding the contract specified in subparagraph 2) of part one of this paragraph, the mobile operator indicates the type of technology in which the virtual operator can provide cellular services.";

     in paragraph 6:

     The third part should be worded as follows:

     "The validity period of the permit for the use of the radio frequency spectrum must correspond to the period of the current plan for the prospective use of the radio frequency spectrum, except for permits for the use of the radio frequency spectrum issued following the results of the competition.";

     exclude part four;

     Paragraph 7 should be supplemented with sub-paragraphs 8) and 9) as follows:

     "8) inconsistency of the declared frequency band, radio frequency (radio frequency channel) with the plan for the prospective use of the radio frequency spectrum;

     9) the decision of the authorized body on the redistribution of the radio frequency spectrum in order to:

     implementation of promising technologies in the field of communications, including in the case of the transition of frequency bands to promising technologies according to the plan for the prospective use of the radio frequency spectrum;

     effective use of the radio frequency spectrum and frequency bands in accordance with plans for the future use of the radio frequency spectrum.";

     7) in article 14:

     paragraph 4 after the word "regulations," add the words "as well as the prevention of terrorist and extremist crimes,";

     In paragraph 5, replace the words "mobile communication stations" with the words "mobile base stations";

     8) in article 15:

     paragraph 3 after the words "and identification codes of cellular subscriber devices," add the words "unified duty dispatch service 112",";

     In paragraph 6, replace the word "registration" with the words "verification, registration and re-registration";

     9) in subparagraph 2) of paragraph 1 of Article 15-1, the word "registration" should be replaced by the words "verification, registration and re-registration";

     10) in article 15-3:

     add the words "and the state radio frequency service" to the title;

     add the following part of the third:

     "Telecom operators and (or) owners of communication networks operating in the territory of the Republic of Kazakhstan shall provide the state radio frequency service with information about cellular subscriber devices used in communication networks in accordance with the procedure determined by the authorized body in order to identify cellular subscriber devices with the same identification codes and prevent their simultaneous operation in communication networks.";

     11) add the following part to Article 16-2::

     "In case of joint operation of the same radio-electronic means and (or) a high-frequency device by two or more telecom operators in the same frequency range in accordance with the procedure provided for in subparagraph 2) paragraph 5-1 of Article 12 of this Law, as well as in case of joint use in the manner provided for in paragraph 4-3 of Article 29 of this Law, notification of the commencement or termination of operation of a radio-electronic means and (or) a high-frequency device is submitted only by one of the telecom operators who is the owner of such device(s), on behalf of all telecom operators involved in their joint use.";

     12) add paragraph 3 to article 17-1 as follows:

     "3. The import of cellular signal amplifiers is carried out only by telecom operators licensed to provide services in the field of communications.";

     13) paragraph 1 of Article 18 should be supplemented with the second part as follows:

     "Permission to use the radio frequency spectrum is issued for the period specified in the tender documentation. If there is no deadline in the tender documentation, the deadline is set according to the period of the current plan for the prospective use of the radio frequency spectrum.";

     14) add paragraph 5 to article 20 as follows:

     "5. Cellular operators provide round-the-clock and non-tariff connection for each user to mobile applications of social and national importance, the list of which is determined by the authorized body.";

     15) in article 21:

     in paragraph 3:

     add the following part of the second part:

     "Satellite communication operators are required to have a control panel for subscriber devices and create a point of connection to the telecommunications networks of the Republic of Kazakhstan in accordance with the procedure determined by the authorized body in coordination with the National Security Committee of the Republic of Kazakhstan.";

     exclude part four;

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

     "3-1. Telecom operators and owners of telecommunications networks are prohibited from allowing unauthorized traffic (fraud) and/or illegal use of communication networks in the local telecommunications network, long-distance, international and cellular communications.

     Telecom operators are prohibited from skipping generated automatic calls made for transmission:

     subscriber identification and/or authentication codes, including calls that are interrupted before or after the first ring tone;

     prerecorded voice messages, except in cases where the terms of interaction with telecom operators for the transmission of these messages are stipulated in the contract.

     Telecom operators are required to exchange information among themselves about the numbers and signs of traffic used for fraudulent activities in communication networks in order to prevent illegal actions.";

"4-1. The Internet of Things networks are an integral part of the unified telecommunications network of the Republic of Kazakhstan. The Internet of Things networks facilitate the integration of remote data acquisition and transmission technologies with existing communication networks, the Internet, cellular, satellite and other communication networks.";

     16) in article 25:

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

     "Voice intercity and international traffic should be passed between subscribers of interacting networks.";

     Add paragraphs 4-2 and 6 to read as follows:

     "4-2. Satellite communications are organized through a satellite communications ground station located on the territory of the Republic of Kazakhstan. This requirement does not apply to persons who have a subspecies of satellite telephone services under a license to provide communications services provided for by the Law of the Republic of Kazakhstan "On Permits and Notifications".";

     "6. The transit of international traffic is carried out through an international communication line with the provision to the state technical service of information on international junction points through which international traffic is transited, without regard to compliance with the functioning of the centralized telecommunications network management system of the Republic of Kazakhstan.";

     17) subparagraph 1) of paragraph 3-1 of Article 26 shall be worded as follows:

     "1) publish a list of communication nodes, a standard agreement indicating the terms of connection, tariffs for access to infrastructure on their own Internet resources;";

     18) add paragraphs 8 and 9 to Article 29 as follows:

     "8. For the organization of fixed wireless access, the telecom operator uses radio frequencies according to the authorization document issued by the authorized body.

     9. The telecom operator provides information on the availability of facilities and communication networks in populated areas of the Republic of Kazakhstan to the state radio frequency service for display on a digital telecommunications map in accordance with the procedure determined by the authorized body.";

     19) add article 29-3 as follows:

     "Article 29-3. Telecommunication infrastructure of data centers

     Individuals or legal entities notify the authorized body about the commissioning of data processing centers in accordance with the legislation of the Republic of Kazakhstan on permits and notifications.

     Telecom operators are required to provide connection and traffic skipping services for data centers in accordance with the rules for connection and interaction of telecommunications networks, including traffic skipping and the procedure for mutual settlements.";

     20) paragraph 2 of article 34 shall be worded as follows:

     "2. The amount of subsidies is determined according to the terms of the competition or the terms of the obligation to provide universal communication services to the telecom operator and may not exceed the amount of subsidies established by the law on the republican budget for the relevant financial year.";

     21) in paragraph 2 of article 35:

     The fourth part should be worded as follows:

     "It is prohibited to conclude a contract for the provision of cellular communication services with a cellular subscriber without biometric authentication.";

     In part five, replace the word "identification" with the word "authentication";

     22) add paragraphs 1-4 and 1-5 to article 36 as follows:

     "1-4. The telecom operator is obliged to inform the subscriber about the suspension of the network related to scheduled work and (or) accidents on the network of the telecom operator, in an accessible manner according to the rules for the provision of communication services.

     1-5. The telecom operator is obliged to notify the subscriber of the planned tariff increase at least sixty calendar days before the expected date of such increase by means of a short text message to the subscriber's number and on its Internet resource.";

     23) in article 36-2:

     The title and paragraph 1 should read as follows:

     "Article 36-2. Verification, registration and re-registration of cellular subscriber devices

     1. Verification, registration and re-registration of a cellular subscriber device are carried out in accordance with the rules for verification, registration and re-registration of cellular subscriber devices.

     Registration of the subscriber's cellular communication device for the subscriber is carried out free of charge.";

     Delete paragraph 2;

     add paragraph 2-1 as follows:

     "2-1. An individual is allowed to verify no more than two cellular subscriber devices imported into the territory of the Republic of Kazakhstan for personal use during a calendar year, in accordance with the rules for verification, registration and re-registration of cellular subscriber devices.";

     paragraph 5 should be supplemented with the words ", and (or) the use of which is not allowed in accordance with the rules for verification, registration and re-registration of cellular subscriber devices";

     Add paragraph 5-1 to read as follows:

     "5-1. In case of transfer of the subscriber number and (or) the subscriber's cellular communication device to a third party for permanent use, the subscriber is obliged to ensure that the subscriber number and (or) the subscriber's cellular communication device are reissued to the transferred person in accordance with the procedure established by the legislation of the Republic of Kazakhstan.";

     In paragraph 6, replace the words "cellular subscriber devices registered in the database of identification codes of cellular subscriber devices" with the words "registered cellular subscriber devices, as well as the identification codes of cellular subscriber devices that have been verified";

     In paragraph 7, replace the word "registration" with the words "verification, registration and re-registration";

     24) add paragraphs 1-6 and 4 to article 40 as follows:

     "1-6. The telecom operator is obliged to transmit information about the subscriber who initiated the call to the subscriber's cellular communication device in accordance with the procedure determined by the authorized body.";

     "4. Telecom operators are required to ensure the publication of annual financial statements on their Internet resource annually in accordance with the procedure and deadlines established by the legislation of the Republic of Kazakhstan.";

     25) in paragraph 1-6 of Article 41-1, the word "registration" should be replaced by the words "verification, registration and re-registration".

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

     1) paragraph 1 of Article 9-4 should be supplemented with subparagraph 5) as follows:

     "5) for energy-producing organizations whose generating units are connected to the unified electric power system of the Republic of Kazakhstan, in the amounts specified in Article 19-2 of this Law.";

     2) add the words "except for the cases specified in Article 19-2 of this Law" to subparagraph 1) of paragraph 3 of Article 12.;

     3) in paragraph 2 of article 12-1:

     add the following part of the second part:

     "The sale of electric energy at a price exceeding the maximum tariff for electric energy is carried out by energy-producing organizations in the cases specified in Article 19-2 of this Law.";

     add a second sentence to the sixth part as follows:

     "At the same time, the authorized body does not take into account the income of energy-producing organizations received from exceeding the sale price of electric energy above its marginal tariff for electric energy in the cases provided for in Article 19-2 of this Law.";

     4) in article 13:

     add the words "and (or) to the subjects of the wholesale electric energy market in the cases specified in Article 19-2 of this Law" to the first part of paragraph 3-1;

     in paragraph 3-2:

     subparagraph 1) should be supplemented with the words ", as well as with the exception of the cases specified in Article 19-2 of this Law";

     In subitems 1-2), replace the words "subitems 2) and 4) of article 9-4" with the words "articles 9-4 and 19-2";

     subparagraph 2) of the second part of paragraph 14 should be supplemented with the following sentence:

     "At the same time, digital miners have the right to apply for new technical conditions with an increase in electrical power consumption from the connection point where the connection was made before April 1, 2023, provided that there is no need to take measures to expand and (or) modernize the existing infrastructure of the energy transmission organization.";

     5) in paragraph 5 of Article 19-1:

     the first part of subparagraph 1) after the words "hybrid group," add the words "and (or) subjects of the wholesale electric energy market in the cases specified in Article 19-2 of this Law";

     the first paragraph of subparagraph 3) after the words "renewable sources" should be supplemented with the words ", and (or) from other energy-producing organizations in the cases specified in Article 19-2 of this Law";

     subparagraph 4) should be supplemented with the words ", or from energy-producing organizations in the cases specified in Article 19-2 of this Law";

     6) add article 19-2 to Chapter 4 as follows:

     "Article 19-2. Features of participation of subjects of the wholesale electric energy market in the wholesale electric energy market

     1. Existing solid fuel energy producing organizations, when increasing the installed electric capacity as part of the expansion, reconstruction, modernization and (or) renewal of the main generating and auxiliary equipment of their electric power plants, have the right:

     1) sell electric energy directly to entities of the wholesale electric energy market that meet the following criteria in aggregate:

     ownership of data processing centers;

     provision of services for the placement and processing of data as the main activity and (or) implementation of digital mining;

availability of an automated system for commercial metering of electric energy, special load disconnection automation, and a telecommunications system that ensures their unification with systems installed by the system operator and the energy transmission organization when connected to their networks;

     electric energy consumption in the amount of at least 1 megawatt of average daily (base) power;

     2) conclude contracts with subjects of the wholesale electric energy market for the purchase and sale of electric energy for the amount of increase in available electric capacity.

     At the same time, the volume of sales of electric energy to subjects of the wholesale electric energy market should not exceed seventy percent of the increase in available electric capacity. The planned volume of electric energy generation from the volume of increase in available electric capacity minus the volume of electric capacity under direct contracts is subject to sale to a single buyer of electric energy not higher than the approved marginal tariff.

     If, as a result of centralized auctions, an unclaimed amount of electric energy is generated, it is allowed to sell electric energy in the amount of more than seventy percent of the increase in available electric capacity to the persons specified in subparagraph 1) of part one of this paragraph.

     2. The sale of electric energy to the persons specified in subparagraph 1) of paragraph one of paragraph 1 of this Article is carried out by energy-producing organizations at prices not lower than the cost of production.

     3. If generating installations, main generating equipment and (or) auxiliary equipment that have undergone expansion, reconstruction, modernization and (or) renovation in accordance with paragraph 1 of this Article are in emergency or unplanned repair or reserve, then during the duration of this repair, the volume of purchase and sale of electric energy is in reserve. The energy of the corresponding electric energy purchase and sale agreement is not included in the daily schedule of production and consumption of electric energy approved by the system operator.

     4. The energy producing organizations specified in the first part of paragraph 1 of this Article, prior to the start of measures to expand, reconstruct, modernize and (or) upgrade the main generating and auxiliary equipment, as well as the implementation of the project (projects) for the construction of the relevant newly commissioned generating units, are required to notify the authorized body about this, providing information on the planned installed capacity. and the type of installations being commissioned, the location of power plants and the time of their commissioning, the type of fuel used and the annual amount of fuel consumed.

     5. When adjusting the marginal tariff for electric energy of an energy-producing organization specified in the first part of paragraph 1 of this article, made on the basis of an application to the authorized body, in accordance with paragraph 2 of Article 12-1 of this Law, the authorized body does not take into account the income of this energy-producing organization received from exceeding the sale price of electric energy specified in the contract of sale of electric energy. energy, above its marginal tariff for electric energy.

     6. The terms of this article apply to cases of construction and commissioning of newly commissioned generating units without applying the provisions of subitems 1-2) of paragraph 3-1 of Article 15-3, Articles 15-4, 15-5, 15-6, 15-8 and 15-9 of this Law.

     7. In the case of the construction of newly commissioned generating plants by a new energy-producing organization outside the site of the existing energy-producing organization, the conclusion of contracts for the purchase and sale of electric energy is possible exclusively by subjects of the wholesale electricity market that comply with the requirements of subparagraph 1) of the first paragraph 1 of this article and are connected to generating plants directly without using the electrical networks of energy transmission organizations.".

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

     The first, second and third parts of paragraph 2-3 of Article 23 after the word "power transmission" should be supplemented with the words "communication networks".

     10. To the Law of the Republic of Kazakhstan dated May 4, 2010 "On Consumer Rights Protection":

     1) in subparagraph 2) of paragraph 1 of Article 15:

     Add the words ", unless otherwise provided by part three of this subparagraph" to the second part.;

     add the following part of the third:

     "A consumer to whom a cellular subscriber device that has not been verified has been sold shall apply the requirements set out in subparagraphs 1) – 6) of part one of this paragraph exclusively to the seller;";

     2) paragraph 2 of Article 29 should be supplemented with the second part as follows:

     "The seller is also required to provide the consumer with the identification code of the cellular subscriber device to verify the verification status of this cellular subscriber device.";

     3) add the words "verified" to subparagraph 6) of the first part of paragraph 1 of Article 30;

     4) add the words "unless otherwise provided by this Law" to the second part of paragraph 3 of Article 31.

     11. To the Law of the Republic of Kazakhstan dated January 6, 2012 "On National Security of the Republic of Kazakhstan":

     in subparagraph 5) of paragraph 6 of article 23:

     The second and third parts should be worded as follows:

     "The requirements of this subparagraph do not apply to the operation of satellite communications networks in compliance with the requirements specified in paragraph 3 of Article 21 of the Law of the Republic of Kazakhstan "On Communications", as well as the operation of communications networks by civil aviation and shipping.

     A pilot project on the use of satellite communication networks is allowed without complying with the requirements specified in the first part of this subparagraph for up to one year.";

     In Part four, replace the words "communication networks using non-geostationary satellites" with the words "satellite communication networks, including within the framework of a pilot project."

     12. To the Law of the Republic of Kazakhstan dated July 4, 2013 "On the National Chamber of Entrepreneurs of the Republic of Kazakhstan":

     Add article 14-2 to chapter 3 as follows:

     "Article 14-2. Functions of the National Chamber in the field of investments

     The National Chamber:

     1) participates in conducting analytical studies to improve the investment attractiveness of the Republic of Kazakhstan;

     2) participates in cooperation in the support of investment projects;

     3) forms a pool of domestic investors to promote and strengthen foreign economic relations;

     4) participates in the formation of a nationwide pool of investment projects;

     5) participates in the promotion of a favorable investment image of the Republic of Kazakhstan;

     6) performs other functions in the field of investment provided for by this Law and other laws of the Republic of Kazakhstan.".

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

     1) Line 12 of Appendix 1 should be worded as follows:

     "

 

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12.

License to provide communication services

1. Telephone communication services:1) long-distance telephone service; 2) international telephone service; 3) satellite telephone service.2. Data transmission services:1) access to the Internet; 2) access to the Internet using a satellite communication network.3. Cellular communication.4. Trunking radio communication.5. International IP telephony.6. Satellite communication.

Inalienable;

Class 1

 

     ";

     2) Annex 3 should be supplemented with paragraph 66 as follows:

     "66. Notification of the commissioning of data centers."

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

     Paragraph 2 of Article 5 should be supplemented with subparagraph 1-1) as follows:

     "1-1) allocate non-residential premises for production facilities of postal operators in accordance with the legislation of the Republic of Kazakhstan;".

     Article 2. This Law shall enter into force sixty calendar days after the date of its first official publication, with the exception of the third paragraph of subparagraph 3) of paragraph 7 of Article 1, which shall enter into force on July 1, 2027.

 

 

 

President    

Republic of Kazakhstan     

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