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On amendments and additions to some legislative acts of the Republic of Kazakhstan on the development of engineering and transport

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

On amendments and additions to some legislative acts of the Republic of Kazakhstan on the development of engineering and transport

The Law of the Republic of Kazakhstan dated June 24, 2026 No. 324-VIII SAM

 

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

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

     1) Paragraph 4 of Article 97-1 should be worded as follows:

     "4. Creation (development), development, maintenance, system maintenance, cybersecurity, as well as information, analytical and consulting support of the register of Kazakhstani commodity producers are carried out by a single operator in the field of public procurement.";

     2) subparagraph 8-3) of paragraph 1 of Article 105 shall be worded as follows:

     "8-3) carry out the development of industrial clusters;";

     3) the second part of paragraph 3 of Article 283 should be supplemented with the words ", and for subjects of industrial and innovative activity, also taking into account the assessment of the balance of production capacities formed in accordance with the Law of the Republic of Kazakhstan "On Industrial Policy".

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

     1) in article 386:

     subparagraph 2) of the first part of paragraph 2:

     after the word "application" add the words "for the recycling payment";

     add the words "based on the submitted application";

     in paragraph 5:

     Add the words ", unless otherwise provided by part two of this paragraph" to the first sentence.;

     add the following part of the second part:

     "The obligations to make a recycling payment to manufacturers who have concluded an agreement with the operator of the extended obligations of manufacturers (importers) in accordance with subparagraph 3) of the first part of paragraph 1 of Article 388 of this Code are terminated by offsetting if there are counterclaims.";

     2) subparagraph 4) of paragraph 1 of Article 389 shall be worded as follows:

     "4) refund of excessively and (or) erroneously paid amounts based on requests from manufacturers (importers), provided that the facts of excessively and (or) erroneously paid amounts are confirmed within five working days from the date of receipt of the request from manufacturers (importers) in accordance with the procedure established by the operator of extended obligations of manufacturers (importers).

     The entire amount of excess disposal payment is subject to refund;";

     3) add paragraph 7.19 to section 2 of Annex 2 as follows:

     "7.19. application of paint and varnish materials using cataphoresis technology.".

     3. To the Law of the Republic of Kazakhstan dated September 21, 1994 "On Transport in the Republic of Kazakhstan":

     1) delete the preamble;

     2) add article 2-2 as follows:

     "Article 2-2. The main purpose, objectives and principles of this Law

     1. The main purpose of this Law is to define the fundamentals of the legal, economic and organizational activities of transport in the Republic of Kazakhstan.

     2. The main objectives of this Law are:

     1) formation and implementation of investment, scientific, technical and social policy;

     2) creating conditions to meet the needs of the economy and the population in transportation, including socially significant passenger transportation, and related services;

     3) implementation of state control and supervision in the field of transport;

     4) safety of cargo, baggage and mail items at all stages of transportation;

     5) coordination of work and implementation of the function of state regulation of the activities of the transport complex of the Republic of Kazakhstan;

     6) organization of technical cover of communication routes.

     3. The basic principles of this Law are:

     1) legality;

     2) Customer-oriented;

     3) transportation safety and compliance with technical and operational requirements;

     4) equality of all participants in transport relations;

     5) integration into the global transport and logistics system.";

     3) delete the second part of Article 6.

     4. To the Law of the Republic of Kazakhstan dated July 5, 2000 "On Financial Leasing":

     1) in article 2:

     Add the words "(except in cases where the lessees are individuals)" to the second paragraph after the word "activity".;

     subparagraph 3) should be worded as follows:

     "3) the current (discounted) value of lease payments for the entire lease term exceeds ninety percent of the value of the leased item being transferred.

     The specifics of leasing and leasing transactions with individuals are established by the civil legislation of the Republic of Kazakhstan and other laws of the Republic of Kazakhstan;";

     2) paragraph 2 of Article 3 should be supplemented with subparagraph 6) as follows:

     "6) leasing for individuals is a type of financial leasing that is not related to investment activities and in which the lessee is an individual who acquires the leased item for personal use or entrepreneurial activity.";

     3) in article 4:

     Paragraph 1 has been amended in the Kazakh language, the Russian text has not been changed.;

     add paragraph 5 as follows:

     "5. Leasing items under leasing agreements concluded with individuals can only be motor vehicles of categories M1, N1, put into circulation in accordance with the Technical Regulations of the Customs Union "On the Safety of wheeled vehicles", based on the approval of the type of vehicle, including those that are the subject of leasing under previously concluded leasing agreements. Information on vehicle type approval is subject to mandatory indication in the electronic passport of the vehicle and an extract from the electronic passport of the vehicle intended for leasing to an individual received by the interested party.";

     4) add chapter 2-2 to read as follows:

     "Chapter 2-2. Features of leasing for individuals

     Article 24-5. Terms of leasing for individuals

     1. The transfer of a leased item to individuals under a lease agreement must meet the following conditions:

     1) the transfer of the leased object to the ownership of the lessee and (or) the granting of the right to the lessee to purchase the leased object at a fixed price are determined by the lease agreement;

     2) the lease term does not exceed eighty-four months;

     3) the amount of fines and (or) penalties may not exceed ten percent of the amount of overdue debt.

     The amounts of the annual effective remuneration rate under the lease agreement and other payments not provided for in this article are established by a regulatory legal act of the authorized body in the field of state incentives for industry.

     Article 24-6. Requirements for lessors providing leasing for individuals

     Leasing of motor vehicles specified in paragraph 5 of Article 4 of this Law may be provided only by a legal entity that meets the following requirements:

     1) the minimum amount of the authorized and (or) equity capital of which is at least one hundred million tenge;

     2) the head of which has no outstanding criminal record, has not been declared bankrupt, and is not restricted in the right to hold senior positions in accordance with the laws of the Republic of Kazakhstan.";

     5) paragraph 1 of Article 25 should be supplemented with the words ", with the exception of leasing activities related to the provision of leasing for individuals."

     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) paragraph 1 of Article 6 should be supplemented with subparagraph 4-7) as follows:

     "4-7) establishment of commissions to monitor compliance with the requirements for the use of materials, equipment, products and structures of Kazakhstani origin in the construction of facilities financed by public investments and funds from quasi-public sector entities;";

     2) subparagraph 35) of paragraph 1 of Article 27 shall be worded as follows:

     "35) carries out the development of industrial clusters;".

     6. To the Law of the Republic of Kazakhstan dated July 17, 2001 "On Highways":

     1) delete the preamble;

     2) add article 2-1 as follows:

     "Article 2-1. The main purpose, objectives and principles of this Law

     1. The main purpose of this Law is to define the regulatory, legal, organizational and economic foundations of public administration of highways in the Republic of Kazakhstan, their construction, operation and development in the interests of the state and users of highways.

     2. The main objectives of this Law are:

     1) development of transport infrastructure on highways;

     2) the formation of a network of highways based on common technical norms and standards;

     3) ensuring the safety and development of highways, improving their technical condition;

     4) promoting the introduction of promising technologies in the field of road activities, as well as the application of national standards.

     3. The basic principles of this Law are:

     1) improving the quality and safety of highways;

     2) ensuring safety when using highways;

     3) improvement of public administration in the field of road activities.";

     3) in paragraph 2 of article 12:

     sub-items 3), 7), 7-2), 8), 10), 23), 26) and 35) exclude;

     add subparagraph 44) to read as follows:

     "44) approval of regulatory legal acts in the field of highways and road activities in accordance with the purpose and objectives of this Law and the legislation of the Republic of Kazakhstan;".

7. To the Law of the Republic of Kazakhstan dated December 8, 2001 "On Railway Transport":

     1) delete the preamble;

     2) Article 2 should be worded as follows:

     "Article 2. The main goals, objectives and principles of this Law

     1. The main objectives of this Law are to regulate public relations between carriers, participants in the transportation process, government agencies, and other individuals and legal entities when transporting passengers, baggage, cargo, baggage, and mail, as well as to ensure the functioning of railway infrastructure and railway transport management systems.

     2. The main objectives of this Law are:

     1) ensuring the continuity and continuity of the transportation process;

     2) regulation of public relations arising during the transportation of passengers, baggage, cargo, baggage, and mail by rail;

     3) ensuring state control over compliance with the requirements of regulatory legal acts in the field of railway transport;

     4) development of the mainline railway network and rolling stock of railway transport;

     5) formation of an effective system of public administration in the field of railway transport, including interaction with government agencies and organizations;

     6) development of railway, including transit and international transportation by rail;

     7) maintaining the mobilization readiness of railway transport.

     3. The basic principles of this Law are:

     1) preservation and strengthening of the unified socio-economic space of the Republic of Kazakhstan;

     2) consistency of functioning of the unified transport system of the Republic of Kazakhstan;

     3) maintaining the integrity and uninterrupted functioning of the railway transport infrastructure;

     4) creating conditions for the development of entrepreneurship and attracting investments in railway transport;

     5) ensuring the safety of railway transport and its life cycle processes for human life and health and the environment;

     6) access of all subjects of the transport market to the provision and receipt of railway transport services;

     7) protection of the economic interests of the Republic of Kazakhstan.";

     3) Add paragraph 1-2 to article 3 as follows:

     "1-2. The planning, organization and execution of railway transportation, including international transportation, are carried out on a competitive basis, ensuring equal access to railway transport services and avoiding restrictions.";

     4) in paragraph 2 of article 14:

     sub-items 6), 9), 12), 13), 14), 18), 26), 28), 29), 34-3), 34-4), 34-9), 34-24) and 34-31) exclude;

     add subparagraph 34-45) to read as follows:

     "34-45) approval of regulatory legal acts in the field of railway transport in accordance with the goals and objectives of this Law and the legislation of the Republic of Kazakhstan;";

     in subparagraph 35), replace the word "implementation" with the word "implementation";

     5) delete the second part of Article 24;

     6) in the first part of paragraph 2-1 of Article 30, the words "and its territorial subdivisions" should be deleted;

     7) delete paragraph 2 of article 32;

     8) paragraph 6 of Article 66-1 should be supplemented with the words "and at the points of its formation";

     9) in the first part of paragraph 3 of Article 88-7, the words "representatives of its territorial divisions," should be deleted.

     8. To the Law of the Republic of Kazakhstan dated January 17, 2002 "On Merchant Shipping":

     1) delete the preamble;

     2) add article 1-1 as follows:

     "Article 1-1. The main purpose, objectives and principles of this Law

     1. The main purpose of this Law is to define the legal, organizational, economic and international foundations of public administration, as well as the mechanisms for implementing state regulation in the field of merchant shipping.

     2. The main objectives of this Law are:

     1) ensuring the safety of navigation and protection of the marine environment;

     2) regulation of public relations arising during the transportation of passengers, baggage and cargo, as well as during the operation of ships for other purposes of merchant shipping;

     3) regulation of public relations on issues related to seaports and sea terminals;

     4) ensuring state control and supervision in seaports and maritime transport;

     5) regulation of public relations arising from the operation of small vessels navigating in the Caspian Sea;

     6) the formation of an effective system of public administration in the field of merchant shipping, including interaction with government agencies and organizations.

     3. The basic principles of this Law are:

     1) priority of navigation safety, protection of human life and health, nature protection and environmental safety;

     2) equality of rights of individuals and legal entities in the performance of works and services in inland waterway transport;

     3) ensuring freedom of choice of the carrier by the consumer of services;

     4) ensuring freedom of prices for the performance of works and services in accordance with the legislation of the Republic of Kazakhstan.";

     3) in paragraph 3 of Article 4:

     Sub-paragraphs 12) and 17) should be deleted;

     In subparagraph 19), the words "in accordance with the Rules approved by the authorized body" should be deleted.;

     sub-items 26), 40-1), 41), 42), 43), 46), 54), 55-6), 55-10), 55-16), 55-24) and 55-45) exclude;

     4) in article 8-3:

     Paragraph 1 should be worded as follows:

     "1. Vessels, ports, coastal facilities and structures at sea related to the process of merchant shipping are high-risk areas and must comply with the requirements of the legislation of the Republic of Kazakhstan on merchant shipping.";

     In paragraph 2, the words "legislative acts of the Republic of Kazakhstan and acts of the Government of the Republic of Kazakhstan in the field of merchant shipping" should be replaced by the words "legislation of the Republic of Kazakhstan on merchant shipping";

     5) in article 8-4:

     Paragraph 6 should be worded as follows:

     "6. During the establishment of radio communication with the navigation center, the vessel reports information provided for by the rules of navigation and parking of vessels in the seaports of the Republic of Kazakhstan and on approaches to them.";

     Paragraph 9 should be supplemented with the words "and the rules for the application of prices (tariffs) for mandatory seaport services";

     6) in the second part of paragraph 3 of Article 44-1, the words "territorial divisions of the authorized body," should be deleted;

     7) in the second part of paragraph 1 of Article 79, the words "specified in subitems 3) – 8) of paragraph 1 of Article 81 of this Law" should be replaced by the words "provided for by the rules for the carriage of passengers, baggage and cargo";

     8) paragraph 1 of Article 81 should be worded as follows:

     "1. The bill of lading must include the data provided for by the rules for the carriage of passengers, baggage and cargo.";

     9) in Article 110, the words "approved by the authorized body of the Republic of Kazakhstan" should be replaced with the words "passengers, baggage and cargo".

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

     1) delete the preamble;

     2) Article 10 should be worded as follows:

     "Article 10. The main goals, objectives and principles of this Law

     1. The main objectives of this Law are to define the legal, organizational and economic foundations of public administration, as well as to regulate public relations in the field of motor transport.

     2. The main objectives of this Law are:

     1) creating conditions to meet the needs of the economy and the population in road transportation and other work and services;

     2) protection of the rights and legitimate interests of individuals and legal entities, as well as the interests of the state;

     3) creating conditions for the competitiveness of domestic carriers in the international road transport market;

     4) protection of the domestic road transport market;

     5) development of road transport infrastructure;

     6) development of self-regulation in the field of motor transport.

     3. The basic principles of this Law are:

     1) legality;

     2) Customer-oriented;

     3) safety, compliance with technical and operational requirements in the field of motor transport;

     4) equality of all participants in transport relations;

     5) integration into the global transport and logistics system.";

     3) in subparagraph 8) of the first part of paragraph 4 of Article 11, the words "territorial subdivision of the authorized body" should be replaced by the words "authorized body".;

     4) in article 13:

     sub-items 1-1), 6), 9), 12), 17-1), 17-2), 23-1), 23-3), 23-13) and 23-21) exclude;

     add subparagraph 23-23) to read as follows:

     "23-23) approves regulatory legal acts in the field of motor transport in accordance with the goals and objectives of this Law and the legislation of the Republic of Kazakhstan;";

     5) in article 15:

     Sub-paragraph 3) of paragraph 1 should be deleted;

     Sub-paragraph 1) of paragraph 2 should be deleted;

     Delete the second part of paragraph 3;

     6) in article 41-1, the words "territorial subdivision of the authorized body" should be replaced by the words "authorized body".

     10. To the Law of the Republic of Kazakhstan dated July 6, 2004 "On Inland Waterway Transport":

     1) delete the preamble;

     2) Article 4 should be worded as follows:

     "Article 4. The main purpose, objectives and principles of this Law

1. The main purpose of this Law is to regulate public relations that arise between government agencies, individuals and legal entities in the field of inland waterway transport during navigation, transportation of passengers, baggage and cargo, operation of small vessels, including on bodies of water not related to inland waterways and sea waters.

     2. The main objectives of this Law are:

     1)  regulation of public relations related to ensuring the safety of navigation and environmental protection;

     2) ensuring state control and supervision in the field of inland waterway transport;

     3) regulation of public relations on issues related to ports and berths, inland waterways and navigable hydraulic structures (locks);

     4) the formation of a public administration system in the field of inland waterway transport, providing for the interaction and coordination of the activities of all government agencies.

     3. The basic principles of this Law are:

     1) priority of navigation safety, protection of human life and health, nature protection and environmental safety;

     2) equality of rights of individuals and legal entities in the performance of works and services in inland waterway transport;

     3) ensuring freedom of choice of the carrier by the consumer of services;

     4) ensuring freedom of prices for the performance of works and services in accordance with the legislation of the Republic of Kazakhstan.";

     3) in the fourth part of paragraph 3 of Article 7, the words "territorial divisions of the authorized body" should be replaced by the words "authorized body".;

     4) in article 7-1:

     In paragraph 1, the words "territorial divisions" should be deleted.;

     in the first part of paragraph 5:

     replace the words "Territorial divisions of the authorized body" with the words "Authorized body";

     replace the word "formalize" with the word "formalizes";

     in the second part of paragraph 10, the words "territorial subdivision of the authorized body" should be replaced by the words "authorized body";

     in subparagraph 3) of paragraph 14:

     replace the words "territorial divisions of the authorized body" with the words "authorized body";

     replace the word "their" with the word "his";

     5) in article 9:

     In the title, the words "and its territorial divisions" should be deleted.;

     in paragraph 1:

     Sub-paragraphs 4), 4-1) and 8) should be deleted;

     In subparagraph 11-1), the words ", in accordance with the rules approved by the authorized body" should be deleted.;

     Sub-paragraph 16) should be deleted;

     subparagraph 24) should be worded as follows:

     "24) approval of regulatory legal acts in the field of inland waterway transport in accordance with the purpose and objectives of this Law and the legislation of the Republic of Kazakhstan;";

     sub-items 26-8), 26-10), 26-13), 26-14), 26-18), 26-25) and 26-27) exclude;

     add the following sub-items 26-34), 26-35), 26-36), 26-37), 26-38), 26-39), 26-40), 26-41), 26-42), 26-43), 26-44) and 26-45) as follows:

     "26-34) inspection of vessels, rafts and other floating objects and structures located on inland waterways for compliance with the requirements of ensuring safe operation;

     26-35) state registration of vessels, including small vessels, and the rights to them, and issuance of relevant ship documents;

     26-36) detention of ships, rafts and other floating objects that do not meet the requirements of ensuring the safety of navigation;

     26-37) suspension and prohibition of the movement of ships, rafts and other floating objects in the presence of threats to the safety of navigation, human life and health, and the safety of cargo;

     26-38) exercising, within its competence, control and supervision over compliance with the requirements of international treaties to which the Republic of Kazakhstan is a party;

     26-39) supervision of the condition of inland waterways;

     26-40) implementation of other measures aimed at ensuring the safety of navigation on inland waterways;

     26-41) state control and supervision of compliance with the rules of navigation on inland waterways by individuals and legal entities;

     26-42) certification of officers of ships subject to state registration in the State Ship Registry of the Republic of Kazakhstan;

     26-43) attestation of officers of ships, conducted in accordance with the rules of certification and attestation of officers of ships subject to state registration in the State Ship Registry of the Republic of Kazakhstan;

     26-44) issuing orders to eliminate violations of the legislation of the Republic of Kazakhstan on inland waterway transport;

     26-45) notifying the authorized body of a traffic accident, collecting the necessary information and evidence for conducting investigations, classifying and accounting for traffic accidents with ships;";

     Paragraph 2 should be worded as follows:

     "2. The Department with territorial divisions carries out its activities within the competence established by the authorized body.";

     6) in article 15:

     in the second part of paragraph 4-1, the words "territorial subdivision" should be replaced by the words "authorized body";

     In paragraph 5, replace the words "territorial divisions" with the words "authorized body";

     In paragraph 6, replace the words "Territorial divisions" with the words "Authorized body";

     7) in the first paragraph of Article 17, the words "territorial divisions" should be replaced by the words "authorized body".;

     8) in article 17-1:

     in the title, replace the words "territorial divisions" with the words "authorized body";

     in paragraph 2:

     in subparagraph 1), replace the words "specified in Article 23 of this Law" with the words "determined by the authorized body";

     In subparagraph 15), the words "territorial divisions" should be replaced by the words "authorized body".;

     in paragraph 2-1:

     in subparagraph 1), replace the words "specified in Article 23 of this Law" with the words "determined by the authorized body";

     In subparagraph 5), replace the words "territorial divisions" with the words "authorized body".;

     in paragraph 3:

     In parts one and three, the words "territorial subdivision" should be replaced by the words "authorized body".;

     In part four, replace the words "territorial subdivision" with the words "authorized body".;

     In part five, replace the words "territorial subdivision" with the words "authorized body";

     In part six, replace the words "territorial subdivision" with the words "authorized body".;

     In part seven, replace the words "territorial subdivision" with the words "authorized body";

     9) in the first paragraph of paragraph 7 of Article 20, the words "territorial subdivision" should be replaced by the words "authorized body".;

     10) in article 21:

     in the first part of paragraph 1:

     replace the words "territorial unit" with the words "authorized body";

     replace the words "ships, which is immediately notified by the authorized body that makes the decision" with the words "ships and";

     In paragraph 2, the words "Territorial subdivision is obliged" should be replaced by the words "Authorized body is obliged";

     11) in paragraph 3 of Article 22, the words "territorial subdivision" should be replaced by the words "authorized body".;

     12) in article 23:

     Paragraphs 1 and 1-1 should be worded as follows:

     "1. The vessel must have ship's documents, the list, the procedure for issuing and maintaining which are determined by the authorized body.

     1-1. A small vessel subject to state registration, operated on inland waterways and other bodies of water, must contain documents, the list, the procedure for issuing and maintaining which are determined by the authorized body.";

     In paragraph 2, replace the words "ship ownership certificate" with the words "ship's certificate (certificate of ownership of the ship)";

     In paragraph 3, the words "paragraphs 1 and 1-1 of this article" should be replaced by the words "relevant rules for the issuance and maintenance of ship documents for vessels navigating inland waterways";

     13) in paragraph 7 of Article 24, the words "territorial subdivision" should be replaced by the words "authorized body";

     14) in article 25:

     in paragraph 2:

     In part one, replace the words "territorial subdivision" with the words "authorized body".;

     In part two, replace the words "territorial subdivision" with the words "authorized body".;

     in paragraph 2-1:

     In part one, replace the words "territorial subdivision" with the words "authorized body".;

     In part two, replace the words "territorial subdivision" with the words "authorized body".;

     15) in paragraph 7 of Article 26, the words "Territorial subdivision" should be replaced by the words "Authorized body";

     16) Article 28 should be worded as follows:

     "Article 28. The list of documents required for the state registration of a vessel, including a small vessel, and the rights to it

     The application forms, the list of documents required for the state registration of a vessel, including a small vessel, and the rights to it, are established by the rules for the state registration of a vessel, including a small vessel, and the rights to it, approved by the authorized body.";

     17) in paragraph 2 of Article 29, the words "territorial subdivision" should be replaced by the words "authorized body";

     18) in article 31, the words "territorial subdivision" should be replaced by the words "authorized body".;

     19) in paragraph 1 of Article 32-1, the words "territorial subdivision" should be replaced by the words "authorized body".;

     20) in paragraph 1 of Article 32-2, the words "territorial subdivision" should be replaced by the words "authorized body".;

     21) paragraph 2 of article 63 should be worded as follows:

"2. Towing of towed objects (hereinafter referred to as towing) is carried out in accordance with the towing agreement and the rules for towing ships, rafts and other floating objects approved by the authorized body.".

     11. To the Law of the Republic of Kazakhstan dated July 15, 2010 "On the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities":

     1) in article 1:

     in subparagraph 22), replace the word "standards" with the words "design requirements provided for by the relevant standards";

     add subparagraph 29-3) to read as follows:

     "29-3) development State - a State having jurisdiction over the organization responsible for the design of an aircraft type, remote piloting station, engine or propeller;";

     Subparagraph 67-2) should be worded as follows:

     "67-2) maintenance – carrying out work on an aircraft, remote piloting station, engine, propeller or component necessary to maintain the airworthiness of the aircraft, engine, propeller or component, including control and restoration work, inspections, replacements, repair of defects, performed both individually and in combination, as well as the practical implementation of modification or repair;";

     add subparagraph 67-3) to read as follows:

     "67-3) type certificate – a document issued by an authorized organization in the field of civil aviation or aviation authorities of a foreign developing state certifying aircraft to determine the design of the aircraft type, remote piloting point, engine or propeller and confirm that this design meets the relevant airworthiness standards of that state;";

     Sub-paragraph 75) should be deleted;

     Sub-paragraphs 76), 76-1) and 76-2) should be worded as follows:

     "76) the airworthiness Directive is a document defining aviation products whose condition is unsafe or in which such a condition may occur or develop in other products of the same standard design, and prescribing mandatory corrective actions, conditions or restrictions under which further operation of these products is permitted.;

     76-1) airworthiness standards – standards established, accepted or recognized in the Republic of Kazakhstan for the class of aircraft in question, remote piloting points, engines or propellers;

     76-2) airworthiness maintenance – a set of processes that ensure that an aircraft, remote piloting station, engine, propeller or component comply with current airworthiness requirements and maintain them in a condition appropriate to safe operation conditions throughout their service life;";

     Add sub-paragraphs 76-3) and 76-4) to read as follows:

     "76-3) flight restriction zone – an airspace of established dimensions over the territory of the Republic of Kazakhstan, within which aircraft flights are limited by certain conditions;

     76-4) flight suitability – the condition of the aircraft, remote piloting station, engine, propeller or component, in which they correspond to their approved design and conditions of their safe operation;";

     2) add article 3-1 as follows:

     "Article 3-1. The main goals, objectives and principles of this Law

     1. The main objectives of this Law are to meet the needs of citizens and the economy in air transportation, aviation work, as well as ensuring the safety of aircraft flights and aviation security.

     2. The main objectives of this Law are:

     1) ensuring the safe use of the airspace of the Republic of Kazakhstan by its users, performing flights without endangering human life or health, the environment, or the interests of the state;

     2) establishment of general principles for the implementation of activities related to the use of airspace and flight operations;

     3) meeting the needs of the economy of the Republic of Kazakhstan and citizens in aviation services;

     4) protection of the rights and legitimate interests of individuals and legal entities, as well as the interests of the State.

     3. The basic principles of this Law are:

     1) Flight safety and aviation safety;

     2) legality;

     3) Equal access to aviation services and activities;

     4) maintaining the integrity and uninterrupted functioning of the air transport infrastructure;

     5) the effectiveness of government regulation in the field of civil aviation.";

     3) in article 4:

     In subparagraph 3), the words "and civil" should be deleted.;

     add subparagraph 4) as follows:

     "4) civil aircraft of the Republic of Kazakhstan during their stay outside the Republic of Kazakhstan, unless otherwise established by the international contractual obligations of the Republic of Kazakhstan.";

     4) Article 8 should be worded as follows:

     "Article 8. State regulation in the field of the use of the airspace of the Republic of Kazakhstan and aviation activities

     State regulation in the field of the use of the airspace of the Republic of Kazakhstan and aviation activities within the limits of their competence is carried out by the Government of the Republic of Kazakhstan, authorized bodies in the fields of civil and state aviation.";

     5) add article 12-3 as follows:

     "Article 12-3. Temporary exemptions (exclusions, derogations) in the field of civil aviation

     1. The authorized organization in the field of civil aviation grants temporary exemptions (exclusions, derogations) from the requirements of the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities to operators, civil aviation organizations, as well as aviation personnel, if such exemptions (exclusions, derogations) are compensated by the introduction of additional and (or) alternative measures ensuring the level of flight safety equivalent to the established one.

     Temporary exemptions (exclusions, derogations) are granted in cases and in accordance with the procedure determined by the regulatory legal acts of the authorized body in the field of civil aviation on issues related to flight safety.

     2. The granting of temporary exemptions (exceptions, derogations) should be based on an analysis of the associated risks conducted by an authorized organization in the field of civil aviation.

     The analysis of associated risks is based on a risk assessment provided by operators, civil aviation organizations and aviation personnel, which should demonstrate the possibility of achieving a flight safety level equivalent to the established one.

     3. Information on temporary exemptions (exceptions, derogations) granted to operators, civil aviation organizations, as well as aviation personnel is posted on the Internet resource of an authorized organization in the field of civil aviation. The specified information should contain the conditions for granting temporary exemptions (exceptions, derogations), including information on time restrictions and (or) mitigating measures, depending on the specific case, and the duration of such exemptions (exceptions, derogations).";

     6) paragraph 1 of Article 14 should be supplemented with sub-paragraphs 41-79) and 41-80) as follows:

     "41-79) approves regulatory legal acts in the field of the use of the airspace of the Republic of Kazakhstan and aviation activities in accordance with the goals and objectives of this Law and the legislation of the Republic of Kazakhstan;

     41-80) approves the rules for the appointment of aviation medical experts;";

     7) delete subparagraph 8) of Article 15-2;

     8) in paragraph 9 of article 16-5:

     in the first paragraph, replace the words "airworthiness of the aircraft" with the words "suitability of the aircraft for flight operations";

     in subparagraph 1), replace the words "airworthiness of the aircraft" with the words "suitability of the aircraft for flight operations";

     9) in article 16-6:

     in the second part of paragraph 1:

     after the word "appointed", add the words "the first head of an authorized organization in the field of civil aviation";

     Replace the words "aircraft maintenance" with the words ", maintenance, maintenance of airworthiness";

     in subparagraph 5) of paragraph 3, the words "airworthiness requirements of civil aircraft of the Republic of Kazakhstan" should be replaced by the words "airworthiness standards";

     add paragraph 10 as follows:

     "10. Aviation inspectors begin work on fulfilling their duties in accordance with internal procedures approved by the first head of the authorized organization in the field of civil aviation.";

     10) in paragraph 2 of article 16-9:

     add subparagraph 10-1) as follows:

     "10-1) suspends and revokes the medical certificate in cases and in accordance with the procedure provided for by the rules of medical examination and inspection in civil aviation of the Republic of Kazakhstan;";

     in subparagraph 18), replace the words "airworthiness" with the words "airworthiness";

     11) delete the fourth part of paragraph 1 of Article 35-1;

     12) in article 43:

     In paragraph 4, replace the words "airworthiness" with the words "airworthiness";

     In paragraph 6, the words "by a foreign State, an international organization in the field of civil aviation, carrying out" should be replaced by the words "by the aviation authorities of a foreign State – developer, carrying out;

     13) in article 45:

in part four of paragraph 2, the words "civil aircraft of the Republic of Kazakhstan and the requirements of the operational and technical documentation defining airworthiness" should be deleted;

     in paragraph 2-1, replace the word "requirements" with the word "norms";

     14) in article 47:

     in paragraph 2:

     In part one, replace the words "valid certificate" with the words "valid certificate".;

     exclude part two;

     Subparagraph 1) of Part four should be worded as follows:

     "1) based on the compliance of the civil aircraft with the design requirements provided for by the relevant airworthiness standards;";

     In paragraph 7, replace the words "airworthiness status" with the words "airworthiness";

     The first paragraph of the third part of paragraph 8 should be worded as follows:

     "The verification of the aircraft's suitability for flight operations includes:";

     15) in paragraph 3 of article 48:

     replace the word "aggregates" with the word "components";

     after the word "identifying", add the words "and confirming compliance with airworthiness standards".;

     16) in subparagraph 1) of paragraph 6-1 of Article 54, the words "airworthiness of the aircraft" should be replaced by the words "suitability of the aircraft for flight operations";

     17) in article 54-1:

     in paragraph 2:

     in part one:

     in the first sentence:

     replace the word "certified" with the word "designated";

     add the words "in accordance with the rules for the appointment of aviation medical experts";

     delete the second sentence;

     add the following part of the second part:

     "A medical certificate is issued by an aviation medical expert in accordance with the procedure established by the rules of medical examination and inspection in civil aviation of the Republic of Kazakhstan.";

     in the third part of paragraph 3:

     the first paragraph after the words "medical examination" should be supplemented with the words ", medical examination and in the period between medical examinations";

     in subparagraph 2), replace the words "certificate of aviation personnel" with the words "medical certificate";

     18) delete paragraph 10 of article 66;

     19) in the second part of paragraph 3 of Article 81:

     after the word "aviation", add the words "with the participation of an authorized organization in the field of civil aviation";

     replace the word "twenty" with the word "thirty".

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

     in the first part of article 14:

     add subparagraph 8-1) as follows:

     "8-1) keeps copies of the act of examination on the origin of the goods and the documents that are the basis for its issuance for at least three years from the date of issuance of the act of examination on the origin of the goods;";

     In subparagraph 11), the words ", except for the examination to determine the country of origin of the goods" should be deleted.;

     add subparagraph 11-1) as follows:

     "11-1) carries out an expert examination to determine the country of origin of the goods;".

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

     Paragraph 33-1 of Annex 3 should read as follows:

     "33-1. Notification of the commencement or termination of activities for the import into and export from the territory of the Republic of Kazakhstan of refined precious metals, precious metals, precious stones, jewelry and other products made of precious metals and precious stones, raw materials containing precious metals.

     14. To the Law of the Republic of Kazakhstan dated April 3, 2019 "On Special Economic and Industrial Zones":

     1) in article 1:

     Sub-paragraphs 5-1), 5-2) and 5-3) should be deleted;

     in subparagraph 7), replace the words "and (or) non-core types" with the word "type";

     in subparagraph 8), the words "or non-core", "or by a person engaged in non-core activities" should be deleted;

     add subparagraph 15-1) as follows:

     "15-1) production area – the territory of a special economic zone or industrial zone on which facilities (structures, structures) intended for the implementation of a single technological process are located;";

     in subparagraph 17), the words "non-core, or" should be deleted;

     2) in article 11:

     the tenth paragraph of subparagraph 5) should be deleted;

     subparagraph 14) should be worded as follows:

     "14) development and approval of the rules for maintaining the unified register of participants in special economic zones;";

     3) in article 14:

     in subparagraph 13):

     the words "persons engaged in non-core activities, terms of agreements on the implementation of non-core activities," should be deleted;

     Replace the word "analysis" with the word "analysis";

     in subparagraph 13-1):

     The words "or a person engaged in non-core activities" should be deleted.;

     the words "or persons engaged in non-core activities" should be deleted;

     4) in article 17:

     in paragraph 1:

     The second part should be worded as follows:

     "By the decision of the Government of the Republic of Kazakhstan, the period of operation of the special economic zone may be extended for a period not exceeding the period of creation of the special economic zone under one of the following conditions:

     the presence of more than twenty percent of the undeveloped territory of the total area of the special economic zone;

     availability of potential investors.";

     add the following part of the third:

     "If the term of the special economic zone is extended, the term of the management company's activity is maintained for the duration of the operation of the corresponding special economic zone.";

     in paragraph 3:

     In part one, the words "and non-core" should be deleted.;

     In subparagraph 1) of Part two, the words "to persons engaged in non-core activities on the basis of a non-core activity agreement" should be deleted;

     In part three:

     the words "and non-core" should be deleted;

     Replace the word "fifty" with the word "twenty";

     In part four:

     Replace the words "Section" with the word "Section";

     the words "and persons engaged in non-core activities" should be deleted;

     add the following part of the fifth:

     "At the same time, the area of the territory provided to participants of special economic zones for the implementation of projects in the manufacturing industry, which is not part of the production area, should not exceed thirty percent of the production area.";

     In part five:

     the words "or agreements on the implementation of non-core activities" should be deleted;

     the words "or persons engaged in non-core activities" should be deleted;

     replace the words "relevant agreement" with the words "agreement on the implementation of activities";

     the words "or person" should be deleted;

     replace the words "not fulfilled" with the words "not fulfilled";

     In part seven, the words "or non-core" should be deleted.;

     In the third part of paragraph 4, the words "or non-core" should be deleted.;

     In parts two and four of paragraph 5, the words "or non-core" should be deleted.;

     in paragraph 9:

     In the first paragraph, the words "or non-core" should be deleted.;

     sub-paragraph 2) should be deleted;

     In sub-paragraphs 3) and 4), the words "or non-core" should be deleted.;

     5) in article 18:

     In the title, the words "or persons engaged in non-core activities" should be deleted.;

     in paragraph 1:

     The words "or persons engaged in non-core activities" should be deleted.;

     the words "or an agreement on the implementation of non-core activities" should be deleted;

     replace the word "which" with the word "which";

     In subparagraph 2) of the first part of paragraph 2, the words "462 of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code)" should be replaced by the words "536 of the Tax Code of the Republic of Kazakhstan";

     in paragraph 3:

     In the first paragraph of the first part, the words "or persons engaged in non-core activities" should be deleted.;

     Parts two and three should be deleted;

     in paragraph 4:

     In the first paragraph, the words "or persons engaged in non-core activities" should be deleted.;

     The fifth paragraph of subparagraph 1) should be deleted;

     The ninth paragraph of subparagraph 2) should be deleted;

     Paragraph 6 should be supplemented with the following parts two and three:

     "At the same time, potential participants in the special economic zone must meet one of the following project selection criteria:

     to manufacture products that are not manufactured in the territory of the Republic of Kazakhstan;

     to produce products whose production does not cover the demand in the territory of the Republic of Kazakhstan.

     The criteria specified in part 2 of this paragraph apply to potential participants operating in the manufacturing industry.";

     in paragraph 7:

     after the word "applicants", add the words "provided for in paragraph 6 of this Article,";

     Replace the words "paragraph 3 or 4" with the words "paragraphs 3 and 4";

     Delete paragraph 8;

     in paragraph 9, the words "or agreements on the implementation of non-core activities" should be deleted;

     in paragraph 10:

 Replace the words "Subject to the requirements provided for in paragraphs 7 and 8" with the words "If the applications comply with the requirements provided for in paragraph 6";

     the words "or agreement on the implementation of non-core activities" should be deleted;

     add the following parts of the second and third sections:

     "An activity agreement should contain the following information::

     a timetable for the implementation of the project, taking into account the activities and deadlines;

     production and planned capacities of the project;

     other information in accordance with the legislation of the Republic of Kazakhstan.

     At the same time, the agreement on the implementation of activities concluded with a participant in a special economic zone operating in the manufacturing industry must contain a counter obligation of the participant in the special economic zone in accordance with the legislation of the Republic of Kazakhstan.";

     in paragraph 11, the words "or agreements on the implementation of non-core activities" should be deleted;

     in paragraph 12:

     in part one, the words ", or in the unified register of persons engaged in non-core activities, without issuing a certificate" should be deleted;

     in part two:

     the words "or in the unified register of persons engaged in non-core activities" should be deleted;

     the words "or persons engaged in non-core activities" should be deleted;

     In part three, the words "or in the unified register of persons engaged in non-core activities" should be deleted.;

     in paragraph 15:

     in part one:

     in the first paragraph and subparagraph 2), the words "or agreements on the implementation of non-core activities" should be deleted.;

     in subparagraph 3), the words ", or an agreement on the implementation of non-core activities" should be deleted;

     in part two:

     the words "or agreements on the implementation of non-core activities" should be deleted;

     replace the words "relevant agreement" with the words "agreement on the implementation of activities";

     in paragraph 16:

     In the first paragraph of the first part, the words "or persons engaged in non-core activities" should be deleted.;

     exclude part three;

     in paragraph 17:

     in part one:

     the words "or a person engaged in non-core activities should" be replaced by the word "must";

     the words "or persons engaged in non-core activities" should be deleted;

     in part two:

     the words "or a person engaged in non-core activities" should be deleted;

     the words "or persons engaged in non-core activities" should be deleted;

     In part three, the words "or by a person engaged in non-core activities" should be deleted.;

     6) in article 20:

     In the title, the words "or persons engaged in non-core activities" should be deleted.;

     in paragraph 1:

     The words "or a person engaged in non-core activities" should be deleted.;

     the words "or agreement on the implementation of non-core activities" should be deleted;

     replace the words "or is not subject to" with the word "is subject to";

     the words "or an agreement on the implementation of non-core activities" should be deleted;

     in paragraph 2:

     The words "or a person engaged in non-core activities" should be deleted.;

     the words "or to a person" should be deleted;

     in paragraph 3:

     in the first paragraph:

     the words "or agreement on the implementation of non-core activities" should be deleted;

     the words "or a person engaged in non-core activities" should be deleted;

     in subparagraph 1):

     the words "or face" should be deleted;

     Replace the word "six" with the word "three";

     In subparagraph 2), the words "or persons" should be deleted.;

     In subparagraph 3), the words "or by a person" should be deleted.;

     in paragraph 5, the words "or agreements on the implementation of non-core activities" should be deleted;

     7) in the second part of paragraph 2 of Article 24, the words "or non-core" should be deleted;

     8) in paragraph 1 of article 25:

     after the word "carry out" add the word "activity";

     The words "priority and (or) non-core activities" should be deleted;

     9) in article 37:

     in subparagraph 1):

     the words ", by persons engaged in non-core activities," should be deleted;

     The words "and persons" should be deleted;

     sub-paragraph 5) should be deleted;

     in subparagraph 8), the words "and agreements on the implementation of non-core activities" should be deleted;

     The ninth paragraph of subparagraph 11) should be worded as follows:

     "providing information support for the activities of potential participants in special economic and industrial zones;";

     10) in article 39:

     In subparagraph 2), the words "or non-core" should be deleted.;

     add subparagraph 2-1) to read as follows:

     "2-1) alignment of the project, including the land project, in case of violation of the conditions approved by the design and estimate documentation;";

     In subparagraph 4), the words "and agreements on the implementation of non-core activities" should be deleted.;

     in subparagraph 6), the words "and persons engaged in non-core activities" should be deleted;

     in subparagraph 10), the words "and agreements on the implementation of non-core activities" should be deleted;

     In subparagraph 19), the words "or persons engaged in non-core activities" should be deleted.;

     in subparagraph 21), the words "and persons engaged in non-core activities" should be deleted;

     11) paragraph 1 of Article 41 should be supplemented with subparagraph 5-1) as follows:

     "5-1) make changes to the project implementation schedule no more than three times during the project implementation for a period not exceeding the validity period of the special economic zone, determined by the relevant act on its creation, in case of fulfillment of obligations specified in the schedule at the stages of the project implementation preceding the stage in which it is planned to make changes., if there are such stages;";

     12) delete article 41-1;

     13) in article 42:

     in the title and the first paragraph, the words "and agreements on the implementation of non-core activities" should be deleted.;

     in the second paragraph:

     the words "and agreements on the implementation of non-core activities" should be deleted;

     the words "and persons engaged in non-core activities" should be deleted;

     In the third paragraph, the words "and persons engaged in non-core activities" should be deleted.;

     add the following fourth paragraph:

     "by a single coordination center by requesting additional information from the management company or a participant in the special economic zone necessary to determine the status of fulfillment of the conditions, or in case of detection of a violation of an obligation by a participant in the special economic zone under an activity agreement based on information provided by the management company of the special economic zone in the form of reports, as well as notification to the management company of the special economic zone economic zone on non-elimination of violations, identified by the management company of the special economic zone.";

     add the following part of the second part:

     "At the same time, the procedure for monitoring the fulfillment of the terms of agreements on the implementation of activities in the territory of the special economic zone is determined by the authorized body.";

     14) add subparagraph 2-1) to article 45 as follows:

     "2-1) sectoral planning of industrial zones with mandatory coordination with the authorized body;";

     15) paragraph 1 of Article 46 should be supplemented with subparagraph 2-1) as follows:

     "2-1) to make changes to the project implementation schedule no more than three times during the project implementation for a period not exceeding the validity period of the industrial zone, determined by the relevant act on its creation, in case of fulfillment of obligations specified in the schedule at the stages of the project implementation preceding the stage in which it is planned to make changes, if there are such stages;";

     16) Article 47:

     add the following fourth paragraph:

     "by a single coordination center by requesting additional information from the management company or a participant in the industrial zone necessary to determine the status of fulfillment of the conditions, or in the event of a violation of an obligation by an industrial zone participant under an activity agreement based on information provided by the management company of the industrial zone in the form of reports, as well as notifying the management company of the industrial zone of non-compliance violations identified by the management company of the industrial zone.";

     add the following part of the second part:

     "At the same time, the procedure for monitoring the fulfillment of the terms of agreements on the implementation of activities in the territory of the industrial zone is determined by the authorized body.";

     17) in article 58:

     in paragraph 5, the words "defined by the relevant act on its creation before the entry into force of this Law" should be deleted;

     add paragraph 7 as follows:

     "7. Participants in special economic zones who have concluded agreements five years before the entry into force of the provisions provided for in paragraph 6 of Article 58 of this Law have the right to extend the agreement on the implementation of activities for a period not exceeding the duration of the project, in accordance with the categories of application of tax preferences in accordance with paragraph 2 of Article 51 of this Law.".

     15. To the Law of the Republic of Kazakhstan dated December 27, 2021 "On Industrial Policy":

     1) in article 1:

     Sub-paragraph 1) should be deleted:

     add subparagraph 15-1) as follows:

     "15-1) industrial cluster – a group of interrelated and complementary organizations, which includes manufacturers, suppliers, scientific and research organizations, organizations of higher and (or) postgraduate education, organizations of technical and vocational education and other organizations with a specific industry specialization;";

     subparagraph 23-1) after the word "implemented", add the words "by a single operator in the field of public procurement";

2) delete subparagraph 3-1) of Article 8;

     3) in article 9:

     sub-paragraph 6) should be deleted;

     in sub-paragraphs 16), 17), 18) and 20), replace the word "territorial" with the word "industrial";

     delete the second paragraph of subparagraph 39);

     Add sub-paragraphs 41-3), 41-4) and 41-5) to read as follows:

     "41-3) develops and approves rules for the development, coordination, approval, implementation and monitoring of programs for the development of domestic value and their standard form;

     41-4) develops and approves a methodology for assessing the balance of production capacities;

     41-5) develops and approves the rules for conducting an expert examination to determine the country of origin of the goods, issue an expert certificate on the origin of the goods and cancel its validity;";

     4) in paragraph 2 of article 13:

     subparagraph 2) add the following fourth paragraph:

     "forming an assessment of the balance of production capacities;";

     in subparagraph 4), replace the word "territorial" with the word "industrial";

     5) Subparagraph 10) of Article 17 shall be worded as follows:

     "10) industrial clusters;";

     6) in article 23:

     in the title, replace the word "Territorial" with the word "Industrial";

     In paragraphs 1, 2, 3 and 4, the words "territorial" and "territorial" should be replaced by the words "industrial" and "industrial", respectively;

     Add paragraphs 5, 6 and 7 as follows:

     "5. The state supports the creation and development of industrial clusters formed around backbone enterprises.

     6. Participants in industrial clusters around backbone enterprises, including backbone enterprises and related manufacturers of raw materials, components, semi-finished products, equipment and services, are provided with state support measures in accordance with this Law and other laws of the Republic of Kazakhstan.

     7. The list, conditions and procedure for the provision of state support measures to industrial clusters around backbone enterprises are established by the authorized body in the field of state stimulation of industry.";

     7) paragraph 5 of Article 25 should be supplemented with the following parts two and three:

     "Measures of state stimulation of industry are provided to subjects of industrial and innovative activity, taking into account the assessment of the balance of production capacities.

     The assessment of the balance of production capacities is formed by the authorized body in the field of state stimulation of industry in accordance with the methodology for assessing the balance of production capacities.";

     8) paragraph 3 of Article 27 should be supplemented with paragraphs five, six, seven and eight as follows:

     "development of domestic value;

     increasing the complexity of the manufacturing process;

     the use of goods of Kazakhstani origin during the construction of industrial and innovative projects;

     the use of domestic raw materials and (or) materials in manufactured products.";

     9) in subparagraph 11) of Article 29, the word "territorial" should be replaced by the word "industrial";

     10) in paragraph 2 of article 37:

     In part one, the words "current account with a second–tier bank resident in the Republic of Kazakhstan" should be replaced with the words "account in accordance with the budget legislation of the Republic of Kazakhstan";

     exclude part two;

     11) in paragraph 3 of Article 39, the words "current account in a second–tier bank resident in the Republic of Kazakhstan" should be replaced by the words "account in accordance with the budget legislation of the Republic of Kazakhstan";

     12) in article 40:

     In the heading and paragraphs 1 and 2, the words "territorial" and "territorial" should be replaced by the words "industrial" and "industrial", respectively;

     in paragraph 3:

     replace the words "current account in a second–tier bank resident in the Republic of Kazakhstan" with the words "account in accordance with the budget legislation of the Republic of Kazakhstan";

     replace the word "territorial" with the word "industrial";

     13) in article 42-1:

     In paragraph 1, replace the words "motor vehicles" with the words "vehicles and (or) their components, as well as agricultural machinery and (or) its components";

     in paragraph 2:

     in subparagraph 3) of Part three, replace the words "motor vehicles" with the words "vehicles and (or) their components, as well as agricultural machinery and (or) its components";

     add the following part of the fourth:

     "The leasing company is exempt from customs duties when importing technological equipment supplied as part of a special investment project based on a financial leasing agreement for a legal entity of the Republic of Kazakhstan implementing a special investment project.";

     14) in article 42-2:

     Paragraph 3 after the words "Authorized body in the field of state stimulation of industry" should be supplemented with the words "with the involvement of sectoral state bodies";

     Delete the second part of paragraph 4;

     15) in article 51-3:

     Add subparagraph 4) to paragraph 1 as follows:

     "4) electric, thermal and other types of energy produced on the territory of the Republic of Kazakhstan.";

     paragraph 3 after the word "subsurface use" should be supplemented with the words ", as well as information on producers of electric, thermal and other types of energy";

     16) add paragraph 1-1 to article 51-4 as follows:

     "1-1.   If a Kazakhstani commodity producer receives complaints from other Kazakhstani commodity producers about non-compliance with the requirements of being on the register by sectoral state bodies, it may be monitored through an on-site inspection in accordance with the procedure provided for in paragraph 5 of Article 51-1 of this Law. Based on the results of the on-site inspection, a production assessment report is drawn up on compliance or non-compliance with the requirements of being in the register.";

     17) add subparagraph 4) to the first part of Article 51-6 as follows:

     "4) an act of assessment of proceedings on non-compliance with the requirements of being in the register, drawn up in accordance with paragraph 1-1 of Article 51-4 of this Law.";

     18) add article 60-1 as follows:

     "Article 60-1. Provision of secondary resources to manufacturing enterprises

     1. The State provides assistance to provide manufacturing enterprises with scrap and waste of non-ferrous and ferrous metals as secondary resources in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

     2. Activities related to the collection (procurement), storage, processing and sale of scrap and waste of non-ferrous and ferrous metals are carried out by legal entities on the basis of a permit in accordance with the legislation of the Republic of Kazakhstan on permits and notifications.

     The requirement of the first part of this paragraph does not apply to the activities of legal entities when they sell scrap and waste of non-ferrous and ferrous metals formed during their own production and as a result of the acquisition of a property complex containing scrap and (or) waste of non-ferrous and (or) ferrous metals. These legal entities sell scrap and waste of non-ferrous and ferrous metals to the legal entities specified in the first part of this paragraph.

     3. Legal entities engaged in the collection (procurement), storage, processing and sale of scrap and waste of non-ferrous and ferrous metals must:

     1) place reception points at a safe distance (at least nine meters) from the boundaries of residential areas and individual public buildings;

     2) to ship scrap and waste of non-ferrous and ferrous metals for the purpose of sale only from the territory of the production base of the legal entity or its branches;

     3) accept scrap and waste of ferrous and non-ferrous metals on the basis of a purchase and sale agreement and (or) a bill of lading for the acceptance of scrap and waste of ferrous and non-ferrous metals;

     4) make payments to persons who sell scrap and waste of non-ferrous and (or) ferrous metals in accordance with the procedure established by the legislation of the Republic of Kazakhstan on payments and payment systems.

     4. It is prohibited to accept rails, elements of railway tracks and rolling stock, manhole covers from a simple partnership or individuals, with the exception of individuals engaged in entrepreneurial activities, peasant or farm farms.";

     19) in article 61-1:

     in subparagraph 2) of the fifth part of paragraph 2, the word "conclusion" should be replaced by the words "conclusion and execution";

     paragraph 4 after the word "customers," add the words "indicators for their performance,";

     20) add article 64-1 as follows:

     "Article 64-1. Agreement on the Industrial Assembly of Components for Vehicles and/or Agricultural Machinery

     An agreement on the industrial assembly of components for vehicles and (or) agricultural machinery according to the HS code of bodies for motor vehicles with legal entities of the Republic of Kazakhstan is concluded in accordance with the rules and conditions for concluding such agreements provided for in subparagraph 24) of Article 9 of this Law, subject to the following conditions:

     1) the presence of production assets on the balance sheet of an enterprise or leasing company, including leasing assets used in the implementation of industrial assembly, in the amount of at least one million times the monthly calculation index established by the law on the republican budget for the relevant financial year;

     2) the use of the chassis of vehicles manufactured by legal entities of the Republic of Kazakhstan within the framework of concluded agreements on the industrial assembly of vehicles in the production of a finished vehicle.".

Article 2. This Law shall enter into force sixty calendar days after the date of its first official publication, with the exception of paragraph 4 of Article 1, which shall enter into force ten calendar days after the date of its first official publication.

 

 

President    

Republic of Kazakhstan     

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