On automobile roads

Updated Unofficial translation

The Law of the Republic of Kazakhstan dated 17 July, 2001 No. 245.

      Unofficial translation

      This Law regulates legal, organizational and economical bases of the state administration by the automobile roads in the Republic of Kazakhstan, their construction, exploitation and development in interests of the state and users of automobile roads.

Chapter 1. General provision

Article 1. Basic definition used in this Law

      The following basic definition shall be used in this Law:

      1) National operator for road management (hereinafter - the National Operator) - a joint-stock company where 100% of the authorized capital is owned by the state, and which exercises powers stipulated by this Law;

      1-1) motor road managers - natural and legal persons either owning motor roads or carrying out road management activities on the basis of the right of economic or operational management, by virtue of contracts in line with a state task, public-private partnership contracts, including contracts of concession, property trust management, free use of public roads of regional or district significance ​​or their sections;

      2) users of the automobile roads – individuals and legal entities are being the participant of the road traffic or carrying out the other activity within easement area of the automobile roads and the road side;

      3) an automobile road – a complex of engineering constructions are destined for automobiles traffic is providing the incessant. Safety traffic of automobiles and the other motor vehicles with the established speeds, charges, dimensions as well as land lots are provided for placement of this complex (land of transport), and air space over them within established dimension;

      4) current repair of the automobile road – a complex of works are performed in manner of prevention of rise of accident situations, defect on the automobile roads as well as of urgent recovery and repair of the automobile road are performed within all year including measures on repair of destroyed parts are performed by the itinerary method;

      5) repair of the automobile road – complex of works on prevention and elimination of defects as well as recovery and improvement of the transport and exploitation qualities of the automobile road including current, medium and full repairs;

      6) full repair of the automobile road – a complex of works in recovery and (or) improvement of the transport and exploitation characteristics of the automobile road without changing of the existent technical grade;

      7) keeping of the automobile road – a complex of works on keep of the applicable technical status of the automobile road, valuation of its technical status as well as on organization and provision of safety of the road traffic;

      8) medium repair of the automobile road - complex of works are linked with recovery of original exploitation qualities of the automobile road and the road constructions;

      9) reconstruction of the automobile road – a complex of works are providing the increasing of transport and exploitation qualities, safety and convenience of traffic by transfer of the automobile road or particular it part in more high technical category;

      9-1) part of the automobile road (hereinafter – part) – piece of the automobile road is being in borders if its general length;

      10) length of the automobile road - actual length of road between objects or populated localities are stated in the nature (on location) on distance marks;

      11) paid automobile roads (parts) – the automobile roads (parts) in relation of which the decision on use of them in the paid base and driveway on which the payment is incurred is made;

      11-1) paid traffic management– measures to collect tolls on toll roads (sections) through introduction and installation of software and hardware toll collection systems and also through the management of toll roads;

      12) heavy motor vehicle – motor vehicle with freight or without freight, full mass or load dispatch along an axis of which shall increase the sizes of maximum safe load limits for such category of roads and constructions on them;

      13) large motor vehicle – motor vehicle with freight without freight is having the excess of the overall dimensions are established by the regulatory legal acts;

      14) road sides – part of lands are joined to the easement area of the automobile roads in borders if which the special condition of land use is established for provision of safety of traffic of transport and population;

      15) easement area – lands of transport are occupied by the automobile roads for placement of relevant constructive elements and engineering constructions of the automobile road as well as buildings, constructions, protective and ornamental afforestation and devices of the road communication are necessary for their exploitation;

      16) road activity – activity in projecting, building, reconstruction and repair, keep and use of automobile roads and constructions on them as well as on organization of paid traffic;

      17) administration on the road activity – a complex of measured are directed on organization and provision of safety and convenience of traffic of roads, increase of transport and exploitation status of automobile roads and constructions, provision of order of their protection, organization of projecting, building, reconstruction, repair, keep and use of the automobile roads on base of national standards and implementation of the advanced technologies;

      18) objects of the road service - road and exploitation complexes, accommodation units for employees of the operational service, bus stations, pavilions, recreation areas, areas for short stopover of automobiles, devices for technical checkup of automobiles, constructions and devices are destined for safety of the road traffic, forest belts, points of serving and protection bridges, devices of technological and emergency and call connection, hardware and software complex of collection of fares;

      19) road body – the authorized state body on automobile roads is carrying out the administration by the state automobile roads of public use;

      20) object of the road service – hotels, motels, camping sites, petrol garages, servicing stations, food and trade points;

      20-1) hardware and software complex of collection of fares – accumulation of equipment, software and elements of the automobile road are destined for collection of fares;

      21) street (street way) - automobile road within borders of the populated localities;

      22) legal entities on producing of the expert quality report – organizations are being under the supervision of the authorized state body on the automobile roads on which the function of producing of expert quality report of works upon building, reconstruction, repair and keep of the automobile roads as well as used on this materials are imposed.

      Footnote. Article 1 is in wording of 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); as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.07.2012 No. 112-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 31.10.2015 № 380-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 2. The legislation of the Republic of Kazakhstan on the automobile roads

      Footnote. Title 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).

      1. The legislation of the Republic of Kazakhstan on the automobile roads shall base of the Constitution of the Republic of Kazakhstan and consist of this Law, the other regulatory legal acts of the Republic of Kazakhstan.

      2. If international treaty, ratified by the Republic of Kazakhstan establishes other rules, than those contained in this Law, the rules of international treaty shall be applied.

      Footnote. Article 2 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).

Article 3. Classification of the automobile roads

      1. The automobile roads of the Republic of Kazakhstan are divided on the automobile roads of public use, household automobile roads as well as street of populated localities.

      2. The automobile roads of public use on their significance are divided of the automobile roads of international, republican, oblast and district significance:

      1) automobile roads of the international significance are the automobile roads are connecting capitals of neighboring states as well as are included in accordance with the international agreements in the international network of the automobile roads;

      2) automobile roads of the republican significance are the automobile roads are providing the transport connection between big administrative, cultural and economic centers of the republic and neighboring states as well as automobile roads are having the defense significance with exception are stated in subparagraph 1);

      2-1) is excluded 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);

      3) automobile roads of the oblast significance are the automobile roads are connecting the administrative centers of the republic with oblast and district centers as well as district centers with roads of the republican significance with exception are stated in subparagraph 1) and 2);

      4) automobile roads of the district significance are the automobile roads are connecting the district centers with the rural settlements.

      3. The household automobile roads are automobile roads on the territory of the business entities, serving their production and non-revenue transfers, drive to them from automobile roads of the public use, intra-organizational roads of the agricultural organizations, service, patrol and private automobile roads.

      4. Streets of the populated locality are the automobile roads within relevant administrative-territorial units with exception of roads are stated in subparagraphs 1)-4) of paragraph 2 of this Article.

      5. Depending from geometry variables as well as intensity of the road traffic the automobile roads are classified in accordance with the technical regulations in the scope of automobile roads.

      6. Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      7. Lists of the automobile roads of oblast significance shall be established by the local executive bodies on coordination with the authorized body on the automobile roads.

      List of city streets shall be established by the local executive body of the city.

      Lists of the automobile roads of district significance shall be established by the local executive bodies of districts on coordination with the local executive bodies of oblasts.

      8. Public motor roads, household motor roads, streets of inhabited localities are subject to state registration in accordance with the procedure established by the authorized state body for motor roads. Record keeping data are used to create maps and atlases of motor roads of the Republic of Kazakhstan published after consultation with the authorized state body for motor roads.

      Footnote. Article 3 as amended by the Laws of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January, 2005); dated 10 January, 2006 No. 116 (order of enforcement see Article 2 of the Law No. 116); dated 29 December, 2006 No. 209 (order of enforcement see Article 2); dated 21 July, 2007 No. 297 (shall be enforced from the date of its official publication); dated 28.12.2010 No. 369-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 4. Property right and the other proprietary rights on the automobile roads

      1. The automobile roads may be in the state and private property.

      2. Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      2-1. Public motor roads or their sections can be transferred, in particular, into concession for implementation of a public-private partnership project, in accordance with the legislation of the Republic of Kazakhstan in the field of public-private partnership and concessions.

      2-2. The automobile roads of public use of oblast or district significance or their parts may be provided in the free temporary use by the legal entities of the Republic of Kazakhstan (borrowers) in accordance with treaty of free use by the automobile roads of public use of oblast or district significance or their parts.

      2-3. According to a decision of the Government of the Republic of Kazakhstan, national public motor roads or their sections may be sold to State Islamic special purpose financial company with an obligation to repurchase them in accordance with the terms of issuance of state Islamic securities.

      3. Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      4. Private automobile roads are the property of individuals and legal entities.

      5. Streets of the populated localities are being under the supervision of relevant local executive bodies and are the community property.

      6. Privatization of the household automobile roads shall be carried out in accordance with the Laws of the Republic of Kazakhstan “On the state property” and this Law.

      7. Public roads of international and national significance may be transferred to the National Operator for trust management for construction, reconstruction and organization of paid traffic.

      Footnote. Article 4 as amended by the Laws of the Republic of Kazakhstan dated 07.07.2006 No. 168 (hall be enforced from the date of its official publication); 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 date of its official publication ); dated 22.07.2011 No. 475-IV (shall be enforced from the date of its official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 31.10.2015 № 380-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 24.11.2015 № 422-V (shall be enforced from 01.01.2016).

Article 4-1. Provision of the automobile roads of public use of oblast or district significance in the free temporary use

      1. Decision of provision of the automobile roads of public use of oblast or district significance or their parts in the free temporary use shall be made respectively by the local executive body of oblast or district (lender) on base of application of borrower.

      2. Right of free temporary use by the automobile roads of public use of oblast or district significance or their parts shall be provided on term from till five years. The lender is performed its obligations for a proper purpose shall have on the expiry of term of treaty upon the other equal conditions the primary right owed to the other persons on negotiating treaties on new term.

      3. In accordance with the treaty of free use by automobile roads of oblast or district significance or their parts the lender shall:

      1) keep the state automobile roads in the technically working order and perform repair in accordance with the requirements of the legislation of the Republic of Kazakhstan;

      2) observe the general safety requirements of its account;

      3) provide the safety unhampered free driveway with provision of admissible speed limit of traffic motor vehicles on all its length.

      4. Execution of reconstruction and repair of public roads of regional or district significance is allowed subject to a permit issued by the local executive body of a region or district, with the consent of the authorized body for road safety.

      5. Provision of public roads of regional or district significance or their sections for temporary free use shall be based on a standard contract approved by the authorized state body for motor roads.

      Footnote. The Law is supplemented by Article 4-1 in accordance with 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); as amended by the Laws of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 17.04.2014 № 195-V (shall be enforced upon expiry of six months after the day its first official publication).

Article 5. Paid automobile roads (parts)

      1. In the Republic of Kazakhstan, toll roads (sections, bridges, overpasses) may be created according to the procedure provided for by this Law or the legislation of the Republic of Kazakhstan on public-private partnership and concessions. Control over creation and operation of toll roads (sections) shall be carried out by the authorized state body for motor roads.

      2. Payment for driveway on the automobile roads (parts) shall be entered upon performance of condition of the risen quality of driveway with provision of high, safety speed of traffic of transport on all their length.

      3. Paid motor roads (sections) can be created for the money of the national and local budgets, funds raised by the National Operator, own and (or) borrowed funds of natural and legal persons or on the basis of public-private partnership contracts, including concession ones.

      A public road of national significance (section) is transferred into trust management of the National Operator or other motor road managers for paid traffic management according to the procedure provided for by the legislation of the Republic of Kazakhstan.

      A toll rate on a public toll road of national significance (section) shall be charged in the manner and at rates set by the authorized state body for motor roads.

      4. Passage on a toll road (section) shall be based on the contract of the user of a motor road (section) with the National Operator or other road managers according to the procedure provided for by the legislation of the Republic of Kazakhstan. The contract shall be deemed to be concluded the moment a vehicle crosses a toll road (section) entry point. The contract for the use of toll roads (sections) concluded by the National Operator or other road managers in accordance with the procedure established by the legislation of the Republic of Kazakhstan with users of toll roads (sections) is public.

      5. Money from charging the passage on public toll roads (sections) of international and national significance goes to a special account of the National Operator, except for money collected through a public-private partnership contract, including a concession agreement, and finances the expenses associated with:

      1) the repair and maintenance of toll roads (sections), maintenance of the software and hardware system for toll collection;

      2) the return on investments attracted for introduction and installation of software and hardware systems for toll collection;

      3) the organization of paid traffic on motor roads (sections);

      4) the purchase and servicing of road maintenance equipment for the upkeep of toll roads (sections).

      Expenses allocated for purposes specified in subparagraphs 3) and 4) of the first part of this paragraph shall be covered by toll collection funds, after reimbursement of expenses specified in subparagraphs 1) and 2) of part one of this paragraph.

      6. Any sources of financing not prohibited by legislative acts of the Republic of Kazakhstan may be used for the construction of toll roads (sections).

      7. The local executive bodies shall be prohibited to establish taxes, collecting and payments from users of the automobile roads, appliance of which is not provided by the Laws of the Republic of Kazakhstan and expressly or by implication shall limit the free movement of freights or passengers.

      Footnote. Article 5 is in wording of the Law of the Republic of Kazakhstan dated 02.07.2013 No. 112-V (order of enforcement see Article 2); as amended by the Laws of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 31.10.2015 № 380-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 5-1. Making decisions of use of automobile road (part) on paid base

      Footnote. Title of Article 5-1 as amended by the Law of the Republic of Kazakhstan dated 02.07.2013 No. 112-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Decisions on the use of motor roads (sections) on a fee basis may be taken in relation to:

      1) technical category I public motor roads (sections) of international and national significance for all types of motor vehicles;

      2) technical category II public motor roads (sections) of international and national significance for either all types of motor vehicles or only for road freight vehicles;

      3) technical category III public motor roads (sections) of international and national significance for road freight vehicles;

      4) streets of the capital and cities of national significance.

      2. The decision on the use of a public motor road of international and national significance on a fee basis shall be made by the authorized state body for motor roads.

      3. In decision on use of automobile road on paid base shall be states:

      1) origin and destination with possibility of passage on the other exist alternative road;

      2) the list of crossing with the other automobile roads and adjoining to the other automobile roads;

      3) technical classification and basic characteristics;

      4) the length;

      5) rate for passenger fare;

      6) the list of adjoined populated localities are not having the alternative passage on the other automobile road;

      7) term of use on the paid base;

      4. Decision on use of the automobile road on the paid base shall be published during thirty calendar days from the date of making decision in the periodic printed publications are published on whole territory of the Republic of Kazakhstan on the state and Russian languages.

      Footnote. Chapter 1 is supplemented by Article 5-1 in accordance with the Law of the Republic of Kazakhstan dated 05.07.2008 No. 66-IV (order of enforcement see Article 2); as amended by the Laws of the Republic of Kazakhstan dated 26.12.2012 No. 61-V (shall be enforced from 01.01.2013); dated 02.07.2013 No. 112-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 5-2. Toll concessions for the use of toll motor roads (sections)

      Footnote. The title of Article 5-2 in the new wording of the Law of the Republic of Kazakhstan dated 31.10.2015 № 380-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).


      1. From payment for use of paid automobile roads shall be excused:

      1) the special motor vehicles upon execution of official duties:

      organization of the Emergency medical services;

      fire-fighting service;

      emergency rescue service;

      Road Patrol Service;

      military hardware;

      2) autobuses are carrying out the regular transfers of passengers and luggage in suburban traffics and traffics are connecting the populated localities are adjoining to the paid automobile road (part): villages, rural communities with district or oblast centers, capital or cities of republican significance;

      autobuses of districts are adjoining to the paid automobile road are registered in the established manner on the territory of stated administrative-territorial unit for transfer within one district;

      freight motor vehicles, wheeled self-moving agricultural, ameliorative machines within pieces between immediate transport junctions for crossing of water barriers and railways;

      motor cars of individuals and legal entities of districts are adjoining to the paid automobile road are registered in the established manner on the territory of the administrative-territorial unit for transfer within one district.

      2. Vehicles specified in subparagraph 2) of paragraph 1 of this article shall not be exempted from paying a fee for the use of toll motor roads (sections) built (reconstructed) and operated on the basis of a public-private partnership contract, including concession agreements.

      Footnote. Chapter 1 is supplemented by Article 5-2 in accordance with the Law of the Republic of Kazakhstan dated 05.07.2008 No. 66-IV (order of enforcement see Article 2) as amended by the Laws of the Republic of Kazakhstan dated 02.07.2013 No. 112-V (shall be enforced upon expiry of ten calendar days after its first official publication); by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication); the Law of the Republic of Kazakhstan dated 02.07.2014 No. 225-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 31.10.2015 № 380-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 5-3. Cancellation and suspension of use of the paid automobile road (part)

      1. Cancellation and suspension of use of the paid automobile road (part) shall be carried out upon expiry of term is stated in the decision on use of the automobile road (part) on the paid base.

      2. Cancellation and suspension of use of the paid automobile road (part) shall be carried out on the certain term in period of military or emergency situation as well as in cases of rise of the emergency situation of ecological, natural or technogenic nature.

      3. A decision to suspend the use of a toll motor road (section) shall be taken by the authorized state body for motor roads immediately after the occurrence of circumstances specified in paragraph 2 of this article.

      Footnote. Chapter 1 is supplemented by Article 5-3 in accordance with the Law of the Republic of Kazakhstan dated 05.07.2008 No. 66-IV (order of enforcement see Article 2); is in wording of the Law of the Republic of Kazakhstan dated 02.07.2013 No. 112-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 6. Name and indexing of the automobile roads. Calculation distances on the automobile roads.

      1. All automobile roads of public use of the Republic of Kazakhstan shall have the name and index. The name of the starting and ending populated localities upon necessity - relay points shall me included in the name of the automobile road.

      Index of the automobile road shall consist of Latin letters and group of numbers.

      2. Name and indexes of the automobile roads shall be set out in maps and atlases of the automobile roads as well as on the automobile road by establishment of the special signs and marking.

      Names and indexes of the international automobile roads are covered by the territory of the Republic of Kazakhstan shall be established by the international agreements.

      Names and indexes of the automobile roads of public use of the oblast significance shall be approved by the local executive bodies of oblasts on coordination with the authorized state body on the automobile roads.

      Names and indexes of the automobile roads of public use of the district significance shall be approved by the local executive bodies of districts on coordination with the local executive bodies of oblasts.

      3. The vs on the automobile roads of public use of the republican, oblast and district significance shall be calculated between starting and ending populated localities. Calculation of kilometers of the automobile roads shall be carried out for:

      the automobile roads are outward from the capital of the Republic of Kazakhstan – from the Houses of Parliament of the Republic of Kazakhstan;

      the automobile roads are outward from the other populated localities – from buildings of the local executive bodies and in case of their absence – from borders of the populated localities.

      The length of the automobile roads of public use shall be applied for:

      the automobile roads are connecting the populated localities – distance between borders of the relevant populated localities;

      the automobile roads are connecting against each other the other automobile roads of the public use and are adjoining to them – crossing of axis of the interfaced automobile roads.

      The length of streets of the populated localities shall be applied the distance of borders of the relevant populated localities.

      Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 28.12.2010 No. 369-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Chapter 2. Land of the automobile roads

Article 7. Provision of land for placement of the automobile roads

      1. For the construction, maintenance and development of public road service facilities, land users are provided with the right-of-way lands pursuant to statutory standards and depending on the category of a motor road and also roadside plots according to the design documentation. Land for the needs of public roads, including motor roads or their sections, transferred for the implementation of a public-private partnership project, including concession, or to the National Operator for trust management, is allotted for permanent land use to the road authority, for temporary land use to service providers carrying out construction, reconstruction and repair of motor roads, according to the procedure provided for by the legislation of the Republic of Kazakhstan.

      2. Size of the easement area of the projecting automobile road of the public use shall be established depending from its category according to regulations of the allocation of land for the automobile roads of the public use, specifically: for roads of I technical category – on 35 meters from axis of roads, for roads of II technical category – on 20 meters, for roads of III technical category – on 15 meters, for roads of IV technical category – on 13 meters, for roads of V technical category – on 12 meters.

      3. Land for the automobile roads of the public use shall be provided by the decision of the relevant local executive body and shall be allocated on the locality by the authorized bodies on the land relations.

      4. Lands occupied by public motor roads (except for those sold to the State Islamic special purpose financial company by the decision of the Government of the Republic of Kazakhstan) are state property, are indivisible and may not be transferred into private ownership. Any facilities built on the lands of public motor roads with violation of the established approval procedure for the use of these lands are recognized as illegal and are subject to demolition according to the procedure provided for by the legislation by the person who carried out the unauthorized construction or at his/her expense.

      5. Lands for the household and private automobile roads shall be provided in manner is established by the land legislation of the Republic of Kazakhstan.

      Footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (order of enforcement see Article 2 of the Law 116); dated 07.07.2006 No. 168 (shall be enforced from the date of its official publication ); dated 29.12.2006 No. 209 (order of enforcement see Article 2); dated 28.12.2010 No. 369-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.07.2013 No. 112-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 31.10.2015 № 380-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 24.11.2015 № 422-V (shall be enforced from 01.01.2016).

Article 8. Waysides

      1. The waysides shall be established for provision of safety of population and creation of conditions of exploitation of the automobile roads in recognition of requirements of the safety of road traffic as well as possibility of carrying out of their re-construction, repair and keep, placement of objects of the road infrastructure.

      2. For the international and republican automobile roads of the public use the width of the wayside from each side shall be no less than 50 meters starting from the border of the easement area.

      For the automobile roads of the public use of oblast and district significance the width of the wayside from each side of road shall me no less than 40 meters starting from the border of the easement area.

      3. It is prohibited to construct buildings and structures at the public motor road side, except for posts of road safety units and road service facilities. The construction of road service facilities shall be carried out in accordance with the National Standard of the Republic of Kazakhstan.

      4. Decision on provision of the land lots for placement of objects of the road service in the waysides or objects beyond them, when the drive to them is required shall be applied by the relevant local executive body in the established manner on coordination with the National operator.

      The approval procedure is governed by standard rules for construction adopted in line with the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities.

      5. Expenses on arrangement, repair and keep on drives (cross-overs, adjoinings) and the other objects are being in the waysides of the automobile roads of the public use shall entail the owners of these objects.

      Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (order of enforcement see Article 2 of the Law No. 116); dated 28.12.2010 No. 369-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.12.2013 No. 152-V (shall be enforced from 01.01.2014); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015).

Article 9. Order of exploitation of the easement area of the automobile roads

      1. The rights-of-way of public roads are owned and used by road authorities or other persons and are intended only for the development, improvement of roads and provision of their safety.

      2. It is prohibited to construct buildings and structures, and also to lay utility lines within the rights-of-way along a public road, except road service facilities, outdoor (visual) advertising, posts of traffic police, sanitary epidemiological control, customs, border control, transport control, veterinary and phytosanitary inspection.

      3. Land parcels of a right-of-way of public motor roads not used by the road authority, the National Operator or other road operators according to the procedure provided for by the legislation of the Republic of Kazakhstan may be made available for temporary short-term land use under an agreement to natural and legal persons for outdoor (visual) advertising sites provided that the traffic-operation quality of the road is not lowered, requirements to traffic safety and environmental protection are met:

      1) by the authorized state body for motor roads - in the right-of-way of public roads of international and national significance;

      2) by a local executive body of the region or district - in the right-of-way of public roads of regional or district significance.

      Footnote. Article 9 is in wording of 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); as amended by the Laws of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dayed 02.07.2013 No. 112-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.04.2014 № 195-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 07.11.2014 № 248-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 31.10.2015 № 380-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 10. Placement of the external (visual) advertising along the automobile roads of the public use

      1. Placement of the external (visual) advertising shall be admitted upon availability of the document is issued by:

      1) the National operator upon placement of the object of advertising in the easement area of the automobile roads of the public use of international and republican significance;

      2) the local executive body of oblast or district upon placement of object of advertising in the easement area of the automobile roads of the public use respectively of oblast or district significance.

      2. The external (visual) advertising, the other informational signs and markings are established in the borders of the easement area shall be performed and established in accordance with the legislation of the Republic of Kazakhstan.

      3. Fee for the placement of outdoor (visual) advertising shall be charged in accordance with the tax legislation of the Republic of Kazakhstan.

      Footnote. Article 10 is in wording of 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); as amended by the Law of the Republic of Kazakhstan dated 05.12.2013 No. 152-V (shall be enforced from 01.01.2014); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Chapter 3. State regulation and administration by the automobile roads

Article 11. Competence of the Government of the Republic of Kazakhstan in the scope of the automobile roads and the road activity

      The administration of the Government of the Republic of Kazakhstan shall include:

      1) coordination and performance if he unified state policy in the scope of the automobile roads and the road activity on the territory of the Republic of Kazakhstan;

      2) general administration by the activity of the central and local executive bodies in the scope of the automobile roads and the road activity;

      3) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);
      4) 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);
      5) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);
      5-1) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      6) carrying out of the international cooperation in the scope of the automobile roads;

      6-1) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);
      7) (is excluded);
      8) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);
      8-1) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      8-2) creation of the National operator;

      8-3) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      8-4) establishment of criteria of priority of projects on building and re-consreuction of the automobile roads of public use of international and republican significance and on building, re-construction as well as capital and medium repair of the automobile roads of oblast and district significance;

      8-5) decision-making on the issue of state Islamic securities, on the basis of which the Republic’s public motor roads or their sections are sold into the ownership of the State Islamic special purpose financial company with a repurchase obligation in accordance with the terms of issuance of state Islamic securities;

      9) carrying out of the other powers are provided by the Constitution, this Law, the other Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

      Footnote. Article 11 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 1 January, 2005); dated 07.07.2006 No. 168 (shall be enforced from the date of its official publication); dated 29.12.2006 No. 209 (order of enforcement see Article 2); dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009); dated 17.07.2009 No. 188-IV (order of enforcement see Article 2); dated 28.12.2010 No. 369-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 22.07.2011 No. 475-IV (shall be enforced from the date of its official publication ); 02.07.2013 No. 112-V (shall be enforced upon expiry of ten calendar days after 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 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 24.11.2015 № 422-V (shall be enforced from 01.01.2016).

Article 12. Competence of the authorized state body on the automobile roads

      1. (is excluded)

      2. The administration of the authorized state body on the automobile roads shall include:

      1) (is excluded)

      2) participation in the elaboration and realization of the unified state and scientific and technical policy in the scope of the automobile roads and the road activity;

      2-1) coordination and the medical administration of the local executive bodies in the scope of automobile roads and the road activity;

      3) the state record of the automobile roads of public use;

      4) elaboration of suggestions on determining of sources and sizes of financing of the road branch in accordance with the legislation of the Republic of Kazakhstan;

      5) the state planning of the development of the automobile roads of the public use in accordance with the objectives of the consolidation of economy defensive capacity of the Republic of Kazakhstan;

      6) participation in negotiating of the international treaties of the Republic of Kazakhstan in part of the development and exploitation of the automobile roads;

      7) elaboration of the projects of the regulatory legal acts are determining the order of functioning of the road sector, independently of forms of property as well as projects of the national standards in the road activity, criteria of the priority of the projects on building and re-construction of the automobile roads of the international and republican significance and on building, re-construction as well as capital and medium repair of the automobile roads of oblast and district significance;

      7-1) development and approval of rules for implementation and financing of construction, reconstruction, repair, maintenance, diagnostics, certification and instrumental survey of public motor roads of international and national significance;

      8) preparing of the scientifically-based regulations of financing of expenses on the repair and keep of the automobile roads;

      8-1) is excluded by the Law of the Republic of Kazakhstan dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);
      9) is excluded by the Law of the Republic of Kazakhstan dated 02.07.2013 No. 112-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      10) coordination of the activity on creation and development of the network of the automobile roads of the oblast and district significance of the public use;

      11) realization of the investment and social policy in the road branch;

      12) (is excluded)

      13) performance of the scientific researches in the scope of the road activity;

      14) financing of the National operator within performance of the state objective;

      14-1) organization of the performance of the expertize of the quality of works and materials upon building, re-construction, repair and keep of the automobile roads by the legal entities on the performance of the expertize of the quality;

      15) performance of the observance of the regulations and standards are applied in the scope of projecting, required quality upon building, re-construction, repair and keep of the automobile roads;

      16) implementation of a public-private partnership project, the development of proposals for the transfer of motor road sections (bridge crossings) in concession, among other things, of the procedure and conditions for their operation, of a road toll rate;

      17)-20) (are excluded)

      21) extension of the international cooperation on questions of building, repair and keep of the automobile roads;

      22)administration by the road activity is carried out with purpose of provision of the development, preservation, repair and keep of the automobile roads;

      23) elaboration of the technical regulations in the scope the automobile roads;

      24) establishment of the regulatory and technical documents in the scope of the automobile roads;

      25) establishment of the classification of types of works are performed upon the keep, current, medium and the capital repairs of the automobile roads;

      26) conclusion of a lease agreement as a lessee, and also of a service agent service agreement as a service agent, and also other contracts with respect to national public motor roads or their sections in accordance with the terms of issuance of state Islamic securities;

      27) coordination of the development of the objects of the road service on the automobile roads of public use of the republican significance.

      28) development and approval of the procedure and conditions for the classification, listing, naming and indexing of public motor roads of international and national significance, including the list of motor roads for defense use;

      29) decision-making on the use of a public motor road (section) of international and national significance on a paid basis;

      30) development and approval of rules for the use of motor roads, defense roads;

      31) development and approval of financing standards for the repair and maintenance of public motor roads of international and national significance;

      32) development and approval of the payment procedure and rates of charges for motor vehicles’ passage through the territory of the Republic of Kazakhstan;

      33) development and approval of the procedure and conditions of operation of public toll roads and bridge crossings of international and national significance;

      34) development and approval of rules for installing outdoor (visual) advertising in the right-of-way of public motor roads of international and national significance;

      35) development and approval of technical regulations in the sphere of motor roads;

      36) development and approval of rules for arranging an inspection of quality of works and materials in the course of construction, reconstruction, repair and maintenance of motor roads by legal persons conducting quality inspection;

      37) development and approval of Rules for implementation and financing of construction, reconstruction, repair, maintenance, diagnostics, certification and instrumental survey of public motor roads of international and national significance;

      38) approval of funding standards for repair and maintenance of the streets of the capital, cities of republican significance, motor roads of regional and district significance;

      39) management of activities on the development of feasibility studies, diagnostics and certification of motor roads of international and national significance, as well as on the improvement of the regulatory and technical framework for the road industry in accordance with the legislation of the Republic of Kazakhstan оn public procurement and concessions.

      3. The authorized state body on the automobile roads shall carry out the other powers are provided by this Law, the other Laws of the Republic of Kazakhstan, the acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. Article 12 as amended by the Laws of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January, 2005); dated 10 January, 2006 No. 116); dated 7 July, 2006 No. 168 (shall be enforced from the date of its official publication); dated 29 December, 2006 No. 209 (order of enforcement see Article 2); dated 17.07.2009 No. 188-IV (order of enforcement see Article 2); dated 28.12.2010 No. 369-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 22.07.2011 No. 475-IV (shall be enforced from the date of its official publication); dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.07.2013 No. 112-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.12.2013 No. 152-V (shall be enforced from 01.01.2014); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 31.10.2015 № 380-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 24.11.2015 № 422-V (shall be enforced from 01.01.2016).

Article 13. Competence of the local representative and executive bodies

      1. Competence of the oblast (city of republican significance, capital) and district (city of oblast significance) of the representative bodies on the scope of the automobile roads and the road activity shall include:

      1) 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);

      2) hearing of the reporting of administrators of oblast (city of republican significance, capital) and district (city of oblast significance) of the executive bodies on questions of the development and keep of the automobile roads of the public use of the oblast and district significance, streets of the populated localities;

      3) carrying out of the other powers on provision of rights and the legal interests of the citizens in accordance with the legislation of the Republic of Kazakhstan.

      1-1. The administration of the oblast (city of republican significance, capital) executive bodies in the scope of the automobile roads shall include:

      1) 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)

      1-1) realization of the state policy in the scope of the automobile roads and the road activity;

      2) organization of works on building, re-construction, repair and keep of the automobile roads of the public use of the oblast significance, the streets in the city of the republican significance, capital in accordance with the legislation of the Republic of Kazakhstan on the state purchases;

      3) administration by the network of the automobile roads of the oblast significance of the public use, the street of the populated localities;

      4) administration by the roads and the road enterprises are being in the communal property of oblast (city of the republican significance, capital);

      5) carrying out of the state control upon producing of works on building, re-construction, repair and keep of the automobile roads of the oblast significance, streets in the city of the republican significance, capital;

      6) making decisions on provision of the automobile roads of the public use of the oblast significance or their parts in free temporary use;

      6-1) is excluded by the Law of the Republic of Kazakhstan dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      6-2) approval of the procedure and conditions for the classification of public motor roads of regional and district significance;

      6-3) is excluded by the Law of the Republic of Kazakhstan dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      6-4) approval of the procedure for installing outdoor (visual) advertising in the right-of-way of public motor roads of regional and district significance;

      6-5) is excluded by the Law of the Republic of Kazakhstan dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);
      6-6) is excluded by the Law of the Republic of Kazakhstan dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);
      6-7) is excluded by the Law of the Republic of Kazakhstan dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      6-8) approval of the classification of types of work performed for the maintenance, current, interim and major repairs of streets of inhabited localities;

      6-9) approval of the construction of access roads and slip roads of public roads of regional and district significance;

      7) carrying out of the other powers are imposed on the local executive bodies by the legislation of the Republic of Kazakhstan in the interests of the local state administration.

      The competence of local executive bodies of a city of republican significance, the capital also includes:

      1) the development and approval of rules for the operation of toll street roads (sections) of a city of republican significance, the capital;

      2) decision-making on the use of streets (sections) of a city of republican significance, the capital on a paid basis;

      3) the development and approval of rules for charging fees and rates for passage on paid streets of a city of republican significance, the capital in the course of introduction of paid passage.

      2. The administration of the district (city of oblast significance) executive bodies in the scope of the automobile roads shall include:

      1) 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)

      2) organization of works on construction, reconstruction, repair and maintenance of public motor roads of district significance, streets of inhabited localities in accordance with the legislation of the Republic of Kazakhstan on public procurement, in the field of public-private partnership and on concessions;

      2-1) development of proposals for the transfer of road sections (bridge crossings) in concession, among other things, in order to implement a public-private partnership project, the procedure and conditions for roads’ operation, development of proposals on road toll rates;

      3) administration by the network of the automobile roads of the district significance of the public use, streets of the populated localities;

      4) administration by the roads and the road enterprises are being in the communal properties of districts (cities of the oblast significance);

      5) (is excluded);

      6) carrying out of the state control upon producing of works on building, re-construction, repair and keep of the automobile roads of the district significance of the public use, the streets in the cities of the oblast significance and the other populated localities within the districts;

      7) making decisions on providing of the automobile roads of the district significance or their parts in free temporary use;

      8) carrying out of the other powers are imposed on the local executive bodies by the legislation of the Republic of Kazakhstan in the interests of the local state administration.

      Footnote. Article 13 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 10.01.2006 No. 116 (order of enforcement see Article 2 of the Law No. 116); dated 07.07.2006 No. 168 (shall be enforced from the date of its official publication); dated 28.12.2010 No. 369-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dared 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 31.10.2015 № 380-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 14. Planning of the development of the automobile roads

      1. Planning for the motor road development is carried out by government agencies that manage household and private motor roads in accordance with approved national and regional programs. Planning for the development of the street-road network of inhabited localities is carried out by relevant local executive bodies with mandatory allocation of lands for parking spaces and parking lots for vehicles.

      2. The state purchases of the scientific researches in the road branch shall be carried out in accordance with the legislation of the Republic of Kazakhstan on the state purchases.

      3. Projecting and building of the automobile roads shall be carried out by the individuals and the legal entities are having the licenses on carrying out of the relevant types of activity on the competitive base.

      4. Feasibility studies and design estimates developed for the construction of new motor roads or reconstruction and major repairs of existing ones shall be subject to comprehensive external appraisal of construction projects, as well as to state environmental assessment conducted according to the procedure provided for by the legislation of the Republic of Kazakhstan. Internal appraisal is carried out on the basis of technical documentation intended for interim repair of existing public motor roads in the manner set by the authorized state body for motor roads.

      Footnote. Article 14 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 28.122010 No. 369-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.07.2013 No. 112-V (shall be enforced upon expiry of ten calendar days after 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 17.04.2014 № 195-V (shall be enforced upon expiry of ten calendar days after the day its first official publication ); dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015).

Article 15. Quality of the works upon carrying out of the road activity

      1. Projecting, building, re-construction, repair and keep of the automobile roads shall be carried out in accordance with the established requirements and regulations with appliance of the admitted to use materials, instruments, equipment and facilities of measuring with purpose of achieving of high transport and exploitative characteristics of the automobile roads (speed, smoothness, longevity, raise of the safety conditions of the motor transport traffic).

      2. Individuals and the legal entities are carrying out the road activity shall perform the works with observance of the requirements of the legislation of the Republic of Kazakhstan.

      Execution of the construction, reconstruction and repair of motor roads is carried out under the designer’s supervision of the design documentation developer, under the production supervision of the works’ executor and under technical supervision over the construction, reconstruction, major, interim and current repairs of motor roads conducted by the customer himself/herself or through involving organizations and experts having a relevant certificate. Acceptance into service of completed road works, except for works on current and interim repair of motor roads, is carried out by the state acceptance committee.

      3. Performance of the works on projecting, building, re-construction, repair and keep of the automobile roads as well as rendering of the services on the technical and authorial supervision with infraction of the requirements of the legislation of the Republic of Kazakhstan shall entail the responsibility is established by the Laws of the Republic of Kazakhstan.

      Footnote. Article 15 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 10.01.2006 No. 116 (order of enforcement see Article 2 of the Law No. 116); dated 29.12.2006 No. 209 (order of enforcement see Article 2); dated 02.07.2013 No. 112-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 16. Licensing of the road activity

      1. Licensing of road activity is conducted according to the legislation of the Republic of Kazakhstan on permits and notifications.

      2. Carrying out of the road activity by the individuals and the legal entities without the license or with the infraction of the conditions of the license shall entail the responsibility is established by the legislative acts of the Republic of Kazakhstan.

      Footnote. Article as amended by Law of the Republic of Kazakhstan No 203-V dated 16.05.2014 № 203-V (shall be enforced upon expiry of six months after the day of its first official publication).

Article 17. Financing of the road activity

      1. Financing of the automobile roads of the public use shall be carried out on the established regulations are providing their repair and keep, on the assumption of the requirements of the safety of the road traffic, protection of the environment and the provision of the motor transport transfers and shall be determined by the budget legislation.

      1-1. Reimbursement of costs associated with the fulfillment of public-private partnership contracts or concession contracts is carried out in accordance with the legislation of the Republic of Kazakhstan on public-private partnership and оn concessions.

      2. (is excluded)

      3. The development, repair and keep of the household automobile roads shall be provided on account of the facilities of organizations and private persons in administration of which these roads are being.

      4. (is excluded) <*>

      Footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January, 2005); dated 7 July, 2006 No. 168 (shall be enforced from the date of the official publication); dated 31.10.2015 № 380-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 18. Rights of the road body and its workers

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication.

      1. The road authority together with the authorized body for road safety and the authorized body for emergency situations are entitled: to limit or close the traffic of vehicles under extreme conditions (unfavorable weather and climate conditions, natural disasters, fire, failure of bearing capacity of motor roads), and also during repair and construction works after notification of this of local executive bodies and road users by establishing appropriate road signs and through the mass media, to monitor compliance with the rules for the use of motor roads.

      2. Workers of the road body shall have a right to require the raising beyond the carriageway of the automobile road of the motor vehicles, are confirming or pollutes elements of the road, or large-dimensioned and (or) heavy-weight motor vehicle are not having the special permission on the passage.

      Footnote. Article 18 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 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.04.2014 № 195-V (shall be enforced upon expiry of six months after the day its first official publication).

Article 19. Responsibility of the road body and the administrators by the automobile roads

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 03.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      The road body and the administrators by the automobile roads shall entail the responsibility for:

      1) keep of the served automobile roads and constructions on them in condition is providing the smooth and safety passage of the motor vehicles and provision of the observance of the requirements of the environmental protection legislation;

      2) harm is inflicted by the road traffic incidents is risen because of the road conditions with the compensation of the harm to the users by the automobile roads in accordance with the legislative acts of the Republic of Kazakhstan;

      3) phytosanitary condition of the easement area of the automobile roads of the Republic of Kazakhstan.

      Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 3-1. General requirements of safety

      Footnote. Chapter 3-1 is supplemented – by the Law of the Republic of Kazakhstan dated 29 December, 2006 No. 209 (order of enforcement see Article 2).

Article 19-1. Object of the technical regulation

      Objects of the technical regulations shall be the automobile roads, road-building material, processes of projecting, building (re-construction, repair) and exploitation of the automobile roads.

Article 19-2. Requirements of safety upon the projecting of the automobile roads

      1. The projecting of the automobile roads shall be carried out in recognition of the conditions of the lowest limitation and changing of speed, provision of the safety of traffic and possible re-construction of the road beyond the perspective period.

      2. The project decisions of the automobile roads shall provide:

      1) organized, safety traffic of the motor vehicles with the rated speed;

      2) observance of the conditions of the visual orientation of the drivers;

      3) safety allocation of the adjoinings and crossing;

      4) necessary tire traction of the automobiles with the riding surface;

      5) necessary arrangement of the automobile roads as well as by the protective road constructions;

      6) necessary buildings and constructions of the road and motor transport service.

      3. Upon the projecting of the production basis, buildings and constructions of the road and motor transport service it is necessary to elaborate and carry out the measures are providing of the observance of the permissible exposure limit in the atmosphere, water objects and ground.

      4. Upon the elaborating of the project and estimation documentation in follow to value the immediate and indirect influence of the roads and the road traffic on:

      1) people and the environment;

      2) landscape, objects on the road and the historical-cultural heritage.

      The installation of the afforestation (along the road) shall promote the improvement of the visual orientation and damage of the visual monotony of the road upon condition of the exception of rise of any other dangers.

      5. Upon projecting of the roads it is necessary to elaborate the array design of the traffic signs with designation of places and ways of their installation and scheme of the road surface marking.

      6. Requirements of the safety upon projecting of the automobile roads shall be established by the technical regulations.

Article 19-3. Requirements of safety upon building, re-construction and repair of the automobile roads

      1. It is necessary to ensure compliance with the requirements of design estimates, this Law, the legislation of the Republic of Kazakhstan on road traffic and technical regulations to motor roads when constructing, reconstructing or repairing motor roads.

      2. It is necessary to apply measures on safety and protection of the environment upon building, re-construction and repair. Upon choice of the methods of production of the works and facilities of the mechanization it follows to take into account the necessity of the relevant sanitary regulations, regulations of the maximum allowable emission of contaminants to the atmosphere.

      The keep of the green space or their recovery shall be provided upon the building, re-construction and repair.

      3. Safety of the road workers and participants of the road traffic shall be provided by the appliance of measures to the organization of traffic and enclosure of the places of performance of works which shall be provided in the course of the planning of works an regular get inspected upon their performance.

      4. Upon building, reconstruction and repair of the roads in the difficult engineering and geological conditions when terms of the stabilization of the earth work significantly outweigh the established terms of building shall be admitted to provide the staged structure of the road clothes with provision of the drain and the safety of traffic of each stage.

      5. Safety requirements for the construction, reconstruction and repair of motor roads are set by technical regulations and legislation of the Republic of Kazakhstan on road traffic.

      Footnote. Article 19-3 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2017 № 83-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 19-4. Requirements upon exploitation of the automobile roads

      The condition of roads must ensure the safety of traffic in line with the requirements of the legislation of the Republic of Kazakhstan on road traffic and environmental protection and conform to the level of traffic and operating load.

      The width of wayside shall be no less than established regulations for current type of the road.

      The reference indexes and signs shall provide the safety of traffic and to correspond to the requirements of the regulatory documents.

      The structure if the roads shall provide their safety upon the exploitation in recognition of the climate patterns of the region and the transport and exploitative load.

      2. The carriageway of roads and streets of inhabited localities, the paving of sidewalks and bike paths, passenger loading zones, public transport stops, as well as the surface of traffic strips, roadsides and roadbed slopes must be able to ensure traffic safety in accordance with the requirements of the legislation of the Republic of Kazakhstan on road traffic.

      The paving shall have the surface is necessary for provision of the rated speed and safety of the traffic.

      The riding surface shall not have the contractions, corrugations the other damages are embarrassing of the traffic of the motor vehicles.

      In the winter conditions in follows to provide the safety of the road traffic and its organization by the appliance of the relevant measures.

      3. For prevention of the road traffic incidents and stoppages of the motor vehicles in the places of performance of the road work it is necessary to provide the installation of the fendering, signs and marking as well as to provide the visibility of the places of performance of works in any time of day.

      The applied technical facilities of the organization of the road traffic (enclosures, sings, marking, channelizing devices, lighting networks, traffic lights, automatic control system movement) shall be easy-to-see distinguish in any time of day.

      4. The level of the noise, vibration and pollution of the air and water in the result of the road traffic, serving and keep of the roads shall be limited by the relevant measures on case of the requirements are established by the technical regulations in the scope of the automobile roads.

      Footnote. Article 19-4 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 03.07.2017 № 83-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 19-5. Requirements of safety to the road-building materials

      The road-building materials shall be steady to influence of the environment and contain of the harm components and admixture in them shall not increase the permissible levels.

Chapter 4. Use of the automobile roads

Article 20. Use by the automobile roads of the public use

      1. A right of use by the automobile roads of the public use shall have the individuals and legal entities unless otherwise is provided by the Laws of the Republic of Kazakhstan.

      2. Users of the automobile roads shall have right on:

      1) obtaining clarification from officials of the road authority, the authorized body for natural and man-made emergency situations or its units, as well as from the units of the authorized body for road safety of the reasons for terminating or limiting traffic on motor roads;

      2) receiving of the full and true information on the traffic conditions;

      3) receiving of the full and true information on cost of the passage and length of the paid automobile roads (parts), on manner of use by the paid automobile road (part), rates of the payment for passage, order and ways of payment, benefits on payment of the passage and the other conditions;

      4) free passage on the paid automobile roads (parts) in accordance with Article 5-2 of this Law;

      5) appealing of actions (inaction) of the civil servants of the road body in manner is established by the Laws of the Republic of Kazakhstan.

      3. Users of the automobile roads shall:

      1) use the motor vehicles are providing the preserving of the automobile roads and the road constructions and the safety passage on them;

      2) to not carry out the passage without the special permission on the motor vehicles, on dimensions, masse and (or) axial loads are exceeded of the established by the Government of the Republic of Kazakhstan the admitted characteristics of the motor vehicles are destined for the movement on the automobile roads of the Republic of Kazakhstan;

      3) to not carry out the actions are lowering the safety of the road traffic are promoting the rise of traffic interval, reduction in speed of the motor vehicles, reliability of the automobile roads and constructions, their destroying;

      4) pay for the passage on toll roads (sections) at the time of crossing a toll point;

      5) to drive on a traffic lane as required by installed information boards differentiated by methods of payment and (or) technical characteristics of a vehicle, to observe the speed limit and distance of passage through a toll point set by the National Operator or other road operators according to the procedure provided for by the legislation of the Republic of Kazakhstan.

      Footnote. Article 20 is in wording of the Law of the Republic of Kazakhstan dated 02.07.2013 No. 112-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Laws of the Republic of Kazakhstan dated 17.04.2014 № 195-V (shall be enforced upon expiry of six months after the day its first official publication); dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 31.10.2015 № 380-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 21. Passage of the large-dimensioned and heavy-weight motor vehicles

      Footnote. Article 21 is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 22. Passage of the motor vehicles are transferring the dangerous freights

      Footnote. Article 22 is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 23. Obligations of the owners of the land lots are adjoining to the automobile roads

      1. Owners of the land lots and the land users the territories of which are join to the automobile roads shall:

      1) coordinate the building of the approach roads and adjoinings to the roads of the public use with the National operatos;

      2) keep in the technically intact and in applicable sanitary condition of the adjoining to the roads of the public use and s to them, perform the clean from the rubbish, dirt and snow;

      3) not to admit the stock keeping of the materials and constructions in the wayside are embarrassing the visibility and are deteriorating the safety of traffic.

      2. Nonperformance of the requirements stated in paragraph 1shall entail the responsibility is established by the legislative acts of the Republic of Kazakhstan.

      Footnote. Article 23 as amended by the Laws of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.12.2013 No. 152-V (shall be enforced from 01.01.2014).

Article 24. Mobilization training of the automobile roads

      1. The mobilization training of the automobile roads for use in the emergency situations on the priod of mobilization and in the war time shall be carried out by the individuals and legal entities independently from forms of property in accordance with the legislation of the Republic of Kazakhstan.

      2. In cases of imposition of the emergency and military situation on whole territory of the Kazakhstan or in particular its locations and upon announcement of severable or general mobilization the private roads may be used without agreement of the owner by all participants of the road traffic.

Article 25. Responsibility of users by the automobile roads

      1. Users by the automobile roads are admitted the damage of the paving, earth work, bridges, crossovers, water intake structures, enclosed bus stops, road signs, wayside plantings, protective devices and the other elements of the arrangement of the automobile roads as well as are infracted the Rules of use by the automobile roads shall entail the responsibility in accordance with the legislative acts of the Republic of Kazakhstan.

      2. Harm is imposed by the users to the automobile roads and the road constructions shall be compensated by them in manner is established by the legislation of the Republic of Kazakhstan.

      3. The quarrels are arising with the road body in the process of the projecting, building, keep, repair, re-construction and use of the automobile roads shall be considered in manner is established by the legislation of the Republic of Kazakhstan.

      4. If a vehicle user does not pay for passage on toll roads (sections), the debt is collected from the vehicle’s owner.


      Footnote. Article 25 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 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication.

Article 26. Medical assistance on the automobile roads

      The assistance to the injured person in the road traffic incidents on the automobile roads shall be rendered by the all participants of the road traffic which shall deliver the injured person in the nearest medical institution and inform on incident in the bodies of the road police.

Article 27. Protection of the environment

      1. Upon building, re-construction, repair, keep of the automobile roads and use by them shall be provided the observance of the requirements of the legislation in the scope of the protection of the environment.

      2. Upon projecting and elaborating of the projects on the re-construction and building of the automobile roads shall be provided the measures on security of the environment, re-cultivation of pits, waysides, slopes, road ditches, damaged lands with sowing of the permanent grasses and planting of trees and bushes. The design estimation documentation in the places of use by the water point shall provide the sanitary zone, building of the temporary motor-car parking, trestles and protective construction for collecting of the oil product wastes.

      3. Protective planting along the automobile roads shall be kept for a proper purpose and by their owners or users.

      4. The guilty persons shall entail responsibility for non-observance of the requirements of the environment in accordance with the legislative acts of the Republic of Kazakhstan.

Chapter 5. Final provision

      Footnote. Chapter 5 is excluded by the Law of the Republic of Kazakhstan dated 17.04.2009 No. 188-IV (order of enforcement see Article 2).

Chapter 6. National operator on administration by the automobile roads

      Footnote. The Law is supplemented by chapter 6 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2013 No. 112-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 29. Legal provision of the National operator

      1. The activity of the National operator shall be regulated by this Law, the other regulatory legal acts of the Republic of Kazakhstan as well as its internal documents.

      2. The property of the National operator shall be formed in accordance with the legislation of the Republic of Kazakhstan.

      3. The National Operator has the right to attract and use any sources of financing not prohibited by the laws of the Republic of Kazakhstan for implementation of projects for the construction, reconstruction, repair and maintenance of public motor roads of international and national significance, management of paid traffic on them, and also for the development of road service facilities.

      4. The National Operator is responsible for the quality of construction and reconstruction, repair and maintenance of public motor roads of international and national significance within the state task performance and attracted investments.

      Footnote. Article 29 as amended by the Laws of the Republic of Kazakhstan dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 30. Powers of the National operator

      The powers of the National operator shall include:

      1) realization of the budget investing projects on the development of the network of the automobile roads of public use of the international and republican significance on base of the state objective;

      2) organization of construction, reconstruction, repair and maintenance of public motor roads of international and national significance, including those transferred to trust management, in line with a state task or through attracted investments;

      2-1) current repair and maintenance of public motor roads of international and national significance;

      3) control for course and quality of building, re-construction, repair and keep of the automobile roads of the public use of the international and republican significance within performance of the state objective;

      3-1) project management in accordance with the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities in the Republic of Kazakhstan;

      4) elaboration of the suggestions on building, re-construction, repair and keep of the automobile roads of the public use of the international and republican significance and entering them in the road body;

      4-1) issue of permits for the placement of objects of outdoor (visual) advertising in the right-of-way of public roads of international, national significance;

      4-2) collection of fees for the placement of outdoor (visual) advertising in the right-of-way of public motor roads of international, national significance ​​and submission to the state revenue authorities of information on payers of such fees and on objects of taxation in the manner, terms and forms set by the tax legislation of the Republic of Kazakhstan;

      5) collecting of the payment on paid automobile roads (parts);

      6) organization of the activity of the paid automobile roads (parts);

      6-1) attraction of investments for the construction, reconstruction, repair of public motor roads of international and national significance, organization of paid traffic and development of road service facilities;

      7) registration and provision of information to the authorized state body for motor vehicles on large and (or) heavy vehicles not having a special permit for passage on motor roads;

      8) elimination of disrepairs are preventing the smooth and safety passage of the motor vehicles on the paid automobile roads (part;

      9) provision to the users of the paid automobile road (part) the information on the cost of the passage and length of the paid automobile roads (pats), order of use by the paid automobile roads (part), rates of payment for passage, order and ways of payment, benefits on payment of passage and the other conditions;

      9-1) approval of the issuance of a special permit for the passage of heavy and (or) large vehicles (including foreign vehicles) on public motor roads of international and national significance;

      9-2) issue of a permit for crossing motor roads of international and national significance with communication channels and lines, power lines, oil pipelines, gas pipelines, water pipes and railways and other engineering networks and communications;

      9-3) development of road service facilities at public roads of national significance;

      10) the other types of activity are not prohibited by the legislation of the Republic of Kazakhstan.

      Footnote. Article 30 as amended by the Laws of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 28.11.2014 № 257 (shall be enforced from 01.01.2014); dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

The President
of the Republic of Kazakhstan



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