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LAW No. 377-IV OF 6th JANUARY 2011 OF THE REPUBLIC OF KAZAKHSTAN CONCERNING STATE CONTROL AND SUPERVISION IN THE REPUBLIC OF KAZAKHSTAN
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LAW No. 377-IV OF 6th JANUARY 2011 OF THE REPUBLIC OF KAZAKHSTAN

CONCERNING STATE CONTROL AND SUPERVISION IN THE REPUBLIC OF KAZAKHSTAN 
AMENDMENTS AND ADDITIONS INTRODUCED BY:
1)  Law No. 400 of 26th January 2011  of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Regulation of Trade Activity. (Article 12, Supplement). Effective date n/a; 
2)  Law No. 452 of 5th July 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Revision of the Competence of Authorised State Bodies and of the Government of the Republic of Kazakhstan to Pass Regulatory Legal Acts Establishing Requirements to Audited Entities. (Articles: 10, 12, 13, 16, 24, Supplement). Effective date n/a; 
3)  Law No. 470 of 21st July 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Special Economic Zones. (Supplement). Effective date n/a; 
4)  Law No. 529 of 6th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Cosmic Activity. (Supplement). Effective date n/a; 
5)  Law No. 533 of 9th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Gas and Gas Supply. (Supplement). Effective date n/a; 
6)  Law No. 538-IV of 12th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Stock Market Development in the Republic of Kazakhstan. (Article: 31). Effective January 1, 2012; 
7)  Law No. 542 of 13th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Energy Saving and Enhancement of Energy Effectiveness. (Supplement). Effective date n/a;
8)  Law No. 546 of 18th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Television and Radio Broadcasting. (Supplement). Effective date n/a; 
9)  Law No. 548 of 25th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Forestry, Fauna and Especially Protected Natural Territories. (Article 12, Supplement). Effective date n/a; 
10)  Law No. 19 of 21st June 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Counteraction Against Legalization (Laundering) of Income Gained in an Illegal Way, and Financing of Terrorism and Converting of Money Into Cash. (Article 16). Effective January 1, 2013; 
11)  Law No. 21 of 22nd June 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Main Pipelines and Taxation.  (Supplement). Effective date n/a; 
12)  Law No. 30 of 5th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Organisation of Activity of the National Bank of the Republic of Kazakhstan, Regulation of the Financial Market and Financial Organisations. (Articles: 3, 26). Effective date n/a; 
13)  Law No. 31-V of 10th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Matters of Technical Regulation and Metrology. (Article 23). Effective date n/a; 
14)  Law No. 34-V of 10th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Matters of State Monopoly. (Article 12). Effective date n/a; 
15)  Law No. 36 of 10th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Reduction of Permissive Documents and Optimisation of Controlling and Supervisory Functions of the State Bodies. (Articles: 10, 12, 13, 15, 16, 18, 19, 27, 28, Supplement). Effective date n/a, except for Amendments to paragraph 6-1 of Article 16 which are effective January 1, 2013; 
16)  Law No. 57 of 26th November 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Activity of Micro-Financial Organisations. (Supplement). Effective date n/a; 
17)  Law No. 61 of 26th December 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Taxation. (Article 16). Effective January 1, 2013; 
18)  Law No. 72-V of 21st January 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Onomastics. (Supplement). Effective date n/a; 
19)  Law No. 106 of 21st June 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Pension Support. (Supplement). Effective January 1, 2014;
20)  Law No.  121 of 3rd July 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to the Constitutional Law of the Republic of Kazakhstan and to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Exclusion of Contradictions, Gaps, Conflicts Between Rules of Law of Various Legislative Acts and Rules Favouring the Commission of Corruption Violations.  (Article 16 and  Supplement). Effective date n/a; 
21)  Law No. 132 of 4th July 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Transport. (Article 12 and  Supplement). Effective date n/a; 
22)  Law No. 152 of 5th December 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Taxation. (Article 13). Effective January 1, 2014;
23)  Law No. 153 of 10th December 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Labour Migration. (Article 12). Effective date n/a; 
24)  Law No. 177 of 7th March 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Rehabilitation and  Bankruptcy, Taxation. (Supplement). Effective date n/a; 
        25) Law No. 189 of 11th April 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Civil Protection. (Supplement). Effective date n/a, except for amendments introduced to subparagraph 23) of paragraph 1 of the Supplement which are effective January 1, 2015; 
        26) Law No. 200 of 23rd April 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Activity of the Bodies of Internal Affairs. (Supplement).  Effective date n/a; 
        27) Law No. 203 of 16th May 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Permissive System. (Article 16, Supplement). Effective date n/a; and
         28) Law No. 206 of 10th June 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Counteraction to Legislation (Laundering) of Income Gained in a Criminal Way, and Financing of Terrorism. (Supplement); and
          29) Law No. 212 of 27th June 2014 of the Republic of Kazakhstan  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Activities of Trade Unions and Regulation of Labour Relations. (Articles 10 and 18). Effective date n/a.
         30) Law No. 227 of 3rd July 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Improvement of Criminal Legislation. (Article 27). Effective January 1, 2015
	This Law shall regulate the general legal foundations of state control and supervision in the Republic of Kazakhstan and shall aim at the establishment of the unified principles for the performance of controlling and supervisory activity, as well as the protection of the rights and legitimate interests of state bodies, physical persons and legal entities with respect to whom the state control and supervision is carried out.  
Chapter 1.  GENERAL PROVISIONS
Article 1.  Basic Concepts Used in this Law
The following basic concepts are used in this Law:
1.  controlling and supervisory bodies mean state bodies and their territorial units which conduct, in accordance with the legislation, licensing and/or issue of other authorization documents, registration, as well as the observance and checking as to compliance of the activity of the inspected entities with the requirements, as established by the legislation of the Republic of Kazakhstan in accordance with Article 5 hereof;
2)  measures of prompt response mean methods of impact on inspected entities, as provided for by the laws of the Republic of Kazakhstan, in order to prevent the occurrence of socially dangerous consequences, applied in the course of, and upon the results of, inspection;
	3)  state control (hereinafter – control) means the activity of a state body for the inspection and observance over the inspected entities as to compliance of their activity with the requirements, as established by the legislation of the Republic of Kazakhstan, in the course of its carrying out, and upon the results of which, the measures of rights restrictive nature may be applied, without using prompt response;   
4)  state supervision (hereinafter – supervision) means the activity of a state body for the inspection and observance over the inspected entities as to compliance of their activity with the requirements as established by the legislation of the Republic of Kazakhstan, in the course of its carrying out, and upon the results of which, the measures of rights restrictive nature, including those of prompt response, may be applied;
5)  risk means a possibility of infliction of damage as a result of the activity of the inspected entity on life or health of man, the environment, the legitimate interests of physical persons and legal entities, property interests of the state subject to the severity of its consequences;
6)  risk evaluation system means a set of measures carried out by a body of control and supervision for the purpose of inspections planning;
7)  inspected entities mean physical persons, legal entities, including state bodies, branches and representations of legal entities, over which activity the control and supervision are carried out.
Article 2.  Legislation of the Republic of Kazakhstan on Control and Supervision
1.  The legislation of the Republic of Kazakhstan on control and supervision shall be based on the Constitution of the Republic of Kazakhstan and shall consist of this Law and other regulatory legal acts of the Republic of Kazakhstan. 
2.  If an international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, the rules of an international treaty shall apply. 
Article 3.  Sphere of Application of this Law
Amended by 12)  Law No. 30 of 5th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Organisation of Activity of the National Bank of the Republic of Kazakhstan, Regulation of the Financial Market and Financial Organisations.
	1.  This Law shall regulate the relations in the area of the organization of performance of control and supervision over the inspected entities irrespective of the legal status, forms of ownership and types of activity, except for cases as provided for by paragraphs 3, 4 of this Article and paragraph 3 of Article of this Law.  
2.  This Law shall establish:
1)  the procedure for the performance of inspections carried out by the bodies of control and supervision;
2)  the procedure for cooperation of the bodies of control and supervision in the performance of inspections;
3)  the rights and obligations of the inspected entities in the performance of control and supervision, measures for the protection of their rights and legitimate interests;
4)  the rights and obligations of the bodies of control and supervision and their officials in the performance of inspections.
3.  The effect of this Law, except for Articles 4 and 8 of this Law, shall not apply to the relations connected with: 
1)  control over the observance of the terms of investment contracts, which provide for investment preferences;
2)  control over the implementation by a subsurface user of the terms of contracts for the performance of exploration, production, combined exploration and production of useful minerals or construction and/or operation of underground structures not associated with exploration and/or production, or for state geological study of subsurface;
3)  state control in the sphere of customs business.
4.  The effect of this Law, except for Article 8 of this Law shall not apply to the relations in the spheres of:
1)  superior supervision performed by the prosecutor’s office;
2)  control and supervision in the course of prejudicial criminal proceedings;
3)  justice;
4)  operational search activity;
5)  control over the observance of the requirements of the legislation of the Republic of Kazakhstan on state secrets. 
5. The relations arising in the course of implementation of control and supervision specified in paragraphs 3 and 4 of this Article, and also related to the compliance with the requirements of the financial legislation of the Republic of Kazakhstan, control and supervision of the financial market and financial organisations shall be established by the laws of the Republic of Kazakhstan that regulate relations in the said spheres. 
Article 4.  The Principles and Tasks of Control and Supervision
1.  Control and supervision shall be based on the principles of:
1)  legality;
2)  equality of all persons before the law and court;
3)  presumption of fairness of a physical person or legal entity;
4)  publicity;
5)  planned and system nature of control and supervision;	
6)  professionalism and competence of officials of state bodies;
7)  responsibility for non-performance or improper performance by officials of controlling and supervisory bodies of their obligations and exceeding by them of their authorities; 
8)  priority of prevention of a violation of law over punishment;
9)  need and sufficiency;
10)  delineation of controlling powers between state bodies;
11)  encouragement of conscientious inspected entities, concentration of control and supervision on violators; 
12)  increase of capacity of the inspected entities and consumers to individual protection of their own legal rights;
13)  answerability and transparency of the system of state control and supervision; 
14)  independence;