On the status of the capital of the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated July 21, 2007 No. 296

Unofficial translation

      This Law regulates social relations in the sphere of functioning of the capital of the Republic of Kazakhstan, defines the legal, economic and organizational basis for its activities.

Chapter 1. General Provisions

Article 1. The capital of the Republic of Kazakhstan

      1. The city of Astana is the capital of the Republic of Kazakhstan.
      2. The city of Astana as the capital of the Republic of Kazakhstan (hereinafter - the capital) is:
      1) the political and administrative center of the state;
      2) the location of the original text of the Constitution of the Republic of Kazakhstan, the standards of the National Flag and National Emblem of the Republic of Kazakhstan, which are kept in the residence of the President of the Republic of Kazakhstan “AkOrda”.
      3. The residence of the President of the Republic of Kazakhstan “AkOrda”, the Parliament, the Government, the Supreme Court and other central state bodies of the Republic of Kazakhstan are situated in the capital.
      Some central state bodies, in accordance with the legislation of the Republic of Kazakhstan, may be outside of the capital.

Article 2. Legislation on the status of the capital

      1. The legislation on the status of the capital is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
      2. If an international treaty, ratified by the Republic of Kazakhstan stipulates other rules than those provided in this Law, the rules of the international treaty shall apply.

Article 3. Symbols of the capital

      The capital has its own symbols: emblem, flag and anthem.
      Description and use of the symbols shall be defined by maslikhat of the capital.

Article 4. The title and promotion of the city

      1. The citizens of the Republic of Kazakhstan, foreign citizens and persons without citizenship for special merits in development of economy, social sphere, science and culture of the city of Astana can be assigned the title of “Astana kalasynyn kurmettі azamaty” by maslikhat on the proposal of akimof the capital.
      2. The local representative body (maslikhat) and the local executive body (akimat) of the capital are entitled to establish and apply different types of incentives.

Article 5. Territory and suburban area of ??the capital

      1. The territory of the capital is the land, water objects within the boundaries of administrative-territorial units of the city of Astana, set and changed by the President of the Republic of Kazakhstan on presentation of the Government of the Republic of Kazakhstan and taking into account the views of local representative and executive bodies.
      2. The land outside the city limits, constituting with the city a single social, natural and economic area, forms a suburban area of the capital, the size and boundaries of which are set and changed by the Government of the Republic of Kazakhstan at the joint proposal of the akimat and maslikhat of the capital, and the maslikhat and akimat of the region, which territory is included in the suburban area.
      The procedure and regime of land use, included in the suburban area, shall be determined by the Government of the Republic of Kazakhstan on the joint proposal of the maslikhat and akimat of the capital, and agreed with the regional akimat and maslikhat, which territory is included in the suburban area.

Article 6. Competence of the Government of the
Republic of Kazakhstan

      The competence of the Government of the Republic of Kazakhstan are:
      1) approval of:
      the rules for transportation of passengers and luggage by motor transport in the capital; the rules for providing by the individuals and legal entities of the retail, entertainment, hotel, medical and other services in the capital;
      2) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) fulfillment of other functions assigned to it by the Constitution and laws of the Republic of Kazakhstan and the acts of the President of the Republic of Kazakhstan.
      Footnote. Article 6, as amended by the Law of the Republic of Kazakhstan dated 28.12.2010 No. 369-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 2. Features of the local public
administration in the capital

Article 7 Tasks of the bodies of local public administration
of the capital

      The tasks of the bodies of local public administration of the capital to ensure the implementation by the city the functions of the capital of the Republic of Kazakhstan are:
      1) creation of conditions for the implementation of the capital as a political, administrative, cultural and economic center of the Republic of Kazakhstan;
      2) increase of the competitive capacity of the capital, among other capitals of the world, creating a city with sustainable development;
      3) development of the capital as a center of international relations;
      4) creation of conditions for the activities of the President of the Republic of Kazakhstan, the Parliament, the Government, the Supreme Court, other central state bodies, as well as diplomatic missions of foreign states;
      5) creation of conditions for the organization and holding of national and international events;
      6) fulfillment of other functions, provided by the legislation of the Republic of Kazakhstan.

Article 8. Powers of the maslikhat of the capital

      In addition to the powers, provided by the legislation of the Republic of Kazakhstan, the maslikhat of the capital, within its competence, shall:
      1) establish the international relations with the local representative bodies of other states in accordance with the legislation of the Republic of Kazakhstan;
      2) in the approval of the rules for the city development define the additional conditions for development of the land plots in the territory of the capital;
      3) approve:
      the plans for economic and social development programs of the capital, the capital budget and reports on its implementation;
      the rules on procedures and conditions for the placement of outdoor (visual) advertising in the capital;
      the amount and order of social assistance to certain categories of citizens in need;
      4) agree the draft agreement on the purchase of the land for public use.
      Footnote. Article 8, as amended by the Law of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (shall be enforced from the day of its first official publication).

Article 9. Powers of the local executive body of the capital

      Footnote. Title, as amended by the Law of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (shall be enforced from the day of its first official publication).

      In addition to the powers, provided by the legislation of the Republic of Kazakhstan, the local executive body of the capital, within its competence, shall:
      1) approve the list of municipal property, not assigned to municipal entities, possess, use and dispose of the state-owned stakes of joint stock companies and stakes in limited liability companies, registered on the territory of the capital, except for legal entities, referred to the republican property;
      2) possess, use and dispose of the municipal property of the city of Astana;
      3) issue regulations, governing the relations of the privatization of municipal property of the city of Astana;
      4) at the request of the state revenue authority, within one month, issue the documents confirming the fact of use in the construction process the imported into the territory of the special economic zone goods and equipment;
      5) keep records of business entities, involved in the construction of the special economic zone;
      6) enter into agreements with legal entities on the implementation of activities in the special economic zone;
      7) carry out borrowing in accordance with the budget legislation of the Republic of Kazakhstan;
      8) participate in the formulation of the state architectural, urban planning and construction policy, used in the capital and suburban areas;
      9) coordinate the activities of the subjects for the implementation of the approved in accordance with the legislation of the Republic of Kazakhstan order the master plan for the development of the capital, the complex schemes of urban planning of the surrounding areas (draft regional planning), referred to the suburban area of the capital;
      10) organize the drafting of a master plan for the development and construction in the capital and suburban areas;
      11) agree:
      the draft state regulations (state regulatory documents) in the field of architecture, urban planning and construction activities, used in the capital and suburban areas;
      the rules for special regulation of architectural, urban planning and construction activities, as well as the regulation of urban development in the capital and suburban areas;
      the rules, governing the process of reconstruction of existing buildings and structures, including the superstructure roof and typical floors of residential buildings;
      12) prepare materials of the preliminary conclusions for the Town Planning Board of the capital;
      13) control the period of design, construction and commissioning of the objects of the reconstruction;
      14) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      15) develop the amount and order of social assistance to certain categories of citizens in need;
      16) coordinate the issues of labour and ensure the implementation of employment policy in the capital;
      17) carry out international cooperation on the development of the capital;
      18) create the conditions for national and international events in the capital in accordance with the legislation of the Republic of Kazakhstan;
      19) coordinate activities in the field of the effective functioning of systems of heat, energy, water, gas-supply, sewerage and drainage, road activities, all kinds of metropolitan transport and communications, landscaping, gardening, sanitary cleaning of the city, as well as engineering, maintenance and repair of housing fund;
      20) coordinate the activities of health care organizations that provide medical services in the capital;
      21) implement the policy in the development and operation of the objects of internal trade and consumer services;
      22) take measures to ensure the unity and safety of municipal facilities, elements of improvement and development of the city;
      23) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      24) in coordination with the interested state bodies determine the scheme and the order for the movement of transit vehicles;
      25) organize the paid parking lots (car parks);
      26) approve:
      a list of streets of the capital;
      the rules for organization of parking lots (car parks);
      the rules for use of municipal paid parking lots (parkings);
      27) carry out compulsory acquisition of land plots for state needs in the manner prescribed by the Land Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan “On State Property”;
      28) make claims to the court for compulsory seizure of land plots, not used for its intended purpose on the territory of the capital, on compulsory acquisition of the land plot or other immovable property in connection with the seizure of the land plot for state needs;
      29) provide carrying out the trackworks on the navigable section of the river Yesil within the administrative-territorial boundaries of the city of Astana;
      30) develop and approve the tariff policy, applied by public transport of the capital;
      31) develop and approve the rules for the transfer to the management of the transport infrastructure of the capital;
      32) determine the company performing the functions of management of the transport infrastructure of the capital;
      33) take measures to the transfer for management of the transport infrastructure of the capital;
      34) develop and approve the rules for implementation and operation of automated systems of traffic control;
      35) develop and approve the rules for management and operation of transport infrastructure;
      36) develop and approve the rules for operation of cable ducts and engineering infrastructure.
      Footnote. Article 9, as amended by the Laws of the Republic of Kazakhstan dated 28.12.2010 No. 369-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 01.03.2011 No. 414-IV (shall be enforced from the day of its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.05.2015 No. 312-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10. Akim of the capital

      In addition to the powers, provided by the legislation of the Republic of Kazakhstan, Akim of the capital, within its competence, shall:
      1) represent the capital in a relationship with the President of the Republic of Kazakhstan, the Parliament, the Government, other central state bodies of the Republic of Kazakhstan, international organizations and representatives of foreign states;
      2) approve the draft regulatory legal acts of the Republic of Kazakhstan, directly affecting the interests of the capital, in accordance with the legislation of the Republic of Kazakhstan;
      3) submit for the consideration of the Government of the Republic of Kazakhstan the draft regulatory legal acts and other proposals on the functioning and development of the capital;
      4) participate in resolving issues of holding in the capital the events of national and international character;
      5) submit to the relevant state authorities the proposals on the transfer to the municipal property of the city the objects owned by the Republic and located in the capital, which are essential to ensure the city functions as the capital.

Article 11. Municipal property of the capital

      Municipal property of the capital is an integral part of the state property of the Republic of Kazakhstan and consists of:
      1) the ownership of land in the territory of the capital, except for land plots, which are privately owned;
      2) the rights of ownership of shares in joint stock companies, shares in limited partnerships, where the akimat of the capital acts as a shareholder (member);
      3) the streets of the capital, ownership of the property;
      4) the property of the state institutions and municipal state enterprises, where the akimat of the capital acts as owner;
      5) other property and rights, including the right of ownership, and assets.
      Footnote. Article 11, as amended by the Law of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (shall be enforced from the day of its first official publication).

Article 12. Architectural, urban planning and construction
activity in the capital

      1. The architectural, urban planning and construction activities in the territory of Astana city should be carried out in accordance with the master plan of Astana, urban planning, architectural and construction documents, state regulations (state regulatory legal acts) and in accordance with the legislation of the Republic of Kazakhstan about architecture, urban planning and construction activity in the Republic of Kazakhstan.
      2. The President of the Republic of Kazakhstan shall form the architectural council, which is an advisory body composed of representatives of the Government of the Republic of Kazakhstan, akimat of the capital, domestic and foreign architects for the overall coordination of the master plan for the development and construction in the capital.
      The competence of the Architectural Council includes:
      1) the development and identification of areas of urban planning and construction activities in the capital;
      2) other powers in accordance with the regulations of the architectural council and the legislation of the Republic of Kazakhstan.
      Personal composition and position of the architectural council of the capital shall be approved by the President of the Republic of Kazakhstan.
      Architectural Council meets annually.
      3. Akim of the capital creates a town-planning council of the capital to review and coordinate construction in the capital.
      Akim of the capital heads the town-planning council of the capital.
      The composition of the town-planning council includes representatives of the akimat of the capital, the head of the local executive body for architecture, urban planning and construction, the state architectural and construction control and supervision of the capital, leading architects. The representatives of public organizations, associations and other persons may be involved in the work of the town-planning council.
      Town-planning council of the capital:
      1) examines the architectural and urban development projects in the capital and suburban areas:
      2) examines and makes recommendations on issues of monumental decoration of the capital;
      3) performs other functions in accordance with the regulations on Town-planning council.
      The frequency of the town-planning council meeting is determined by akim of the capital.
      Footnote. Article 12, as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 13. Infrastructure of the capital

      Infrastructure of the capital includes:
      1) engineering infrastructure;
      2) transport infrastructure;
      3) system of engineering support, maintenance and repair of housing, health facilities, education and internal trade;
      4) system of general improvement and landscaping;
      5) other facilities and systems, necessary for the functioning of the capital.

Chapter 3. FINAL PROVISIONS

      Footnote. Title of Chapter 3 is in the wording of the Law of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (shall be enforced from the day of its first official publication).

Article 14. Features of seizure of land plots for state needs

      Footnote. Article 14 is excluded by the Law of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (shall be enforced from the day of its first official publication).

Article 15. The procedure for the enforcement of this Law

      1. This Law enters into force from the day of its official publication.
      2. Sub-paragraphs 4), 5), 6) of Article 9 of this Law shall apply during the period of special economic zones in accordance with the legislation of the Republic of Kazakhstan.
      3. The Law of the Republic of Kazakhstan “On the status of the capital of the Republic of Kazakhstan” dated May 20, 1998 shall be deemed to have lost force (Bulletin of the Parliament of the Republic of Kazakhstan, 1998, No. 7-8, Art. 79; 2001, No. 15-16, Art. 228, 229; 2002, No. 6, Art. 75; 2003, No. 24. Art. 178; 2004, No. 23, Art. 142).

      The President
      of the Republic of Kazakhstan