Unofficial translation
Footnote. Throughout the text the words “of the authorized state body”, “by the authorized state body”, “authorized state body” are substituted by the words “of the authorized body”, “by the authorized body”, “authorized body” by the Law of the Republic of Kazakhstan dated 9 June, 2004 No. 558;throughout the text the words “on standardization, metrology and certification” are substituted by the words “on technical regulation and metrology by the Law of the Republic of Kazakhstan dated 29 December, 2006 No. 209 (the order of enforcement see Article 2);
throughout the text:
the word "supervision", “to supervision”, “of supervision” is substituted by the word “control”, “to control”, “of control” by the Law of the Republic of Kazakhstan dated 05.07.2008 No. 62-IV (the order of enforcement see Article 2);
the words "on technical regulation and metrology" are excluded by the Law of the Republic of Kazakhstan dated 05.07.2008 No. 62-IV (the order of enforcement see Article 2)
The present Law regulates the public relations arising between state bodies, physical and legal persons in the field of ensuring the uniformity of measurements, defines its purposes, legal and organizational bases of ensuring the uniformity of measurements.
Footnote. Preamble in the wording of the Law of Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Chapter 1. General provisions
Article 1. The basic concepts, used in this Law
The following basic concepts shall be used in this Law:
1) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).2) legal metrology – a part of metrology, relating to activity, performed by the authorized body and containing the state requirements, concerning the units, methods of measurement, measuring equipment and measuring laboratory;
3) state metrological control - activity of the authorized body and its territorial subdivisions on control over fulfillment of requirements of the legislation of the Republic of Kazakhstan on ensuring the uniformity of measurements;
4) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).4-1) metrological traceability - property of the measurement result, according to which the result can be correlated with the state standard of the unit of magnitude through a documented chain of checks and calibrations;
5 )excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforce upon the expiration of six months after the day of its first official publication).5-1) metrological expertise - analysis and assessment of the correctness and completeness of the metrological requirements, rules and regulations related to the unity of measurements;
5-2) metrological characteristics (measuring instruments) - characteristics of one of the properties of a measuring instrument influencing the measurement result;
5-3) metrological requirements - requirements to the characteristics (parameters) of measurements influencing the result and accuracy of measurements, measurement standards of units of quantities, reference materials, measuring instruments, as well as conditions under which these characteristics (parameters) should be provided;
6) measurement - the process of experimental obtaining one or more quantitative values of the value, which can be reasonably attributed to the value;
6-1) Uncertainty of measurements - a parameter related to the measurement result and characterizing dispersion of values that could be reasonably attributed to the measured value;
7) Uniformity of measurements - a state of measurement in which the results of these measurements are expressed in the units of values approved for use, and the accuracy of measurements does not exceed the established limits;
8) the state system of ensuring the uniformity of measurements - a set of objects, state bodies, individuals and legal entities that carry out activities in the field of ensuring the uniformity of measurements;
9) register of the state system for ensuring the uniformity of measurements - electronic database of objects, participants and documents in the field of ensuring the uniformity of measurements;
9-1) Reference method of measurement - a method of measurement used to obtain measurement results that can be used to assess the correctness of measured values of the value obtained using other methods of measuring the same kind of values, as well as for the calibration of measuring instruments or to determine the characteristics of reference materials;
9-2) method of calibration of measuring instruments - a document establishing the procedure and procedures for calibration of a standard of a unit of measurement or a measuring instrument;
10) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).11) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).
12) metrological certification of measuring instruments - establishment (confirmation) of conformity of measuring instruments issued in single copies to the requirements of the legislation of the Republic of Kazakhstan on ensuring the uniformity of measurements;
12-1) verification of measuring instruments - a set of operations performed to confirm the compliance of measuring instruments with mandatory metrological requirements;
12-2) method of verification of measuring instruments - description of a set of operations, the performance of which allows to determine and confirm the compliance of measuring instruments with the established requirements to metrological characteristics;
13) Measuring instrument verifier - an individual certified for the right to carry out verification of measuring instruments;
14) a test of measurement means – a group of operations, executed for determination the quality of conformance of measurements means to established regulations with application of various test effects to the test objects;
15) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).16) Measuring instrument - a technical means designed for measurements and having metrological characteristics;
16-1) type approval of the measuring instrument - the decision of the authorized body to allow the use of an approved type of measuring instrument on the territory of the Republic of Kazakhstan on the basis of positive test results;
17) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).18) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).
19) procedure of measurements – a group of operations and rules, execution of which provides reception of measurement results with a precision, established by this procedure of measurements;
20) metrological certification of procedure of measurements – establishment (confirmation) of correspondence of procedure of measurements, specified to it metrological requirements;
20-1) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).21) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).
21-1) reference material - a material (substance) with established indicators of accuracy of measurements and metrological traceability, sufficiently homogeneous and stable in respect of certain properties to be used in the measurement or assessment of quality properties in accordance with the intended purpose;22) an authorized body – a state body, carrying out the state regulation in the field of technical regulation and metrology;
23) unit of quantity - the value of a fixed size, which is conditionally assigned a numerical value equal to one, and which is used for the quantitative expression of homogeneous with it values;
24) state standard of the unit of quantity - standard of the unit of quantity recognized by the decision of the authorized body and being in the state ownership;
24-1) transfer of the size of a unit of quantity - reduction of the size of the unit of quantity stored by the measuring instrument to the unit of quantity reproduced or stored by the standard of the given unit of quantity or by the standard sample having higher accuracy indicators;
25) a standard of measurement unit – a measurement instrument, intended for reproduction and (or) storage the measurement unit (multiple or submultiple values of measurement unit) in order of transfer its size to other measurements means of this quantity, approved according to the procedure, established by the authorized body.
26) calibration of the standard of a unit of quantity or a measuring instrument - a set of operations establishing a ratio between the value of the quantity obtained with the help of the standard of a unit of quantity or measuring instrument, and the corresponding value of the quantity determined with the help of the standard of a unit of a quantity of higher accuracy, in order to determine the actual values of metrological characteristics of the standard of a unit of quantity or measuring instrument;
27) comparison of measurement standards of units of quantities - establishment of correlation between measurement results at reproduction and transfer of measurement units by standards of units of one level of accuracy.
Footnote. Article 1 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2006 No. 209 (the order of enforcement see Article 2); as amended by the Laws of the Republic of Kazakhstan dated 05.07.2008 No. 62-IV (the order of enforcement see Article 2); dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 № 269-V (shall be enforced 01.01.2015); from 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the date of its first official publication); dated 30.12.2020 № 397-VI (shall enter into force upon the expiry of six months after the day of its first official publication).Article 2. The legislation of the Republic of Kazakhstan on ensuring the unity of measurements
Footnote. Title of Article 2 as amended by the Law 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).
1. The legislation of the Republic of Kazakhstan on ensuring the unity of measurements shall be based on the Constitution of the Republic of Kazakhstan and shall consist of this Law and other regulatory legal acts.
2. If the international treaty, ratified by the Republic of Kazakhstan establishes the other rules, than those provided by this Law, the rules of international treaty shall be applied.
Footnote. Article 2 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).Article 3: Scope of this Law
This Law shall apply to all state bodies, individuals and legal entities.
Footnote. Article 3 of the Law of Republic of Kazakhstan dated 05.10.2018 No. 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 4. Purposes of ensuring the uniformity of measurements
The main goals of ensuring the uniformity of measurements are:
1) protection of interests of individuals and legal entities of the Republic of Kazakhstan from unreliable measurement results;
2) obtaining reliable measurement results in fundamental research and scientific development;
3) integration into the international system of ensuring the uniformity of measurements.
Footnote. Article 4 of the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 5. The state management of ensuring the unity of measurements
A footnote. Article 5 is excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 No. 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).
Chapter 2. The state system of ensuring the unity of measurements
Article 6. Structure of the state system for ensuring the uniformity of measurements
The structure of the state system of ensuring the uniformity of measurements includes:
1) Government of the Republic of Kazakhstan;
2) authorized body;
3) state bodies within their competence;
4) State scientific metrological center;
5) individuals and legal entities.
Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 05.10.2018 No. 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 6-1. Competence of the Government of the Republic of Kazakhstan in the field of ensuring the uniformity of measurements
The competence of the Government of the Republic of Kazakhstan in the field of ensuring the uniformity of measurements includes:
1) development of the main directions of the unified state policy in the field of ensuring the uniformity of measurements;
2) determination of the state scientific metrological center;
3) excluded by the Law of the Republic of Kazakhstan dated April 19, 2023 No. 223-VII (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).Footnote. Chapter 2 is supplemented by Article 6-1 of the Law of the Republic of Kazakhstan dated 05.10.2018 No. 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication); dated April 19, 2023 No. 223-VII (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).
Article 6-2. Competence of the authorized body in the field of ensuring the uniformity of measurements
The competence of the authorized body includes:
1) formation and implementation of a unified state policy in the field of ensuring the uniformity of measurements;
2) submission of the submission to the Government of the Republic of Kazakhstan for determination of the state scientific metrological center;
3) coordination of activities of the state scientific metrological center;
4) approval of state measurement standards of units of values;
5) determination of the order of creation, approval, storage, application and comparison of state standards of units of values and standards of units of units of accreditation subjects;
6) approval of the classification of standards of units of quantities;
7) organization and carrying out of the state metrological control;
8) representation of the Republic of Kazakhstan in international and regional organizations on metrology;
9) determination of the order of certification, re-certification and revocation of certificates of verifiers of measuring instruments, as well as qualification requirements to them;
10) determination of the order of professional development and retraining of personnel in the field of ensuring the uniformity of measurements;
11) approval of the forms of certificates of type approval of measuring instruments and of verification of measuring instruments;
12) determination of the order of manufacture, storage and application of verification labels;
13) determination of the order of development, metrological certification, approval and registration of methods of measurement and reference methods of measurements in the register of the state system of ensuring the uniformity of measurements;
14) determination of the order of conducting metrological examination of normative legal acts, technical regulations, as well as interstate and national standards in the field of ensuring the
15) determination of the procedure for development, approval, registration in the register of the state system of ensuring the uniformity of measurements and application of verification methods of measuring instruments;
16) organization of scientific research in the field of measurement uniformity assurance;
17) determination of the procedure for maintaining the register of the state system of ensuring the
18) determination of the order of formation of measurement lists and metrological requirements to them related to state regulation;
19) establishment of metrological requirements to measurements related to state regulation together with state authorities;
20) determination of the procedure for conducting verification of measuring instruments and establishing the frequency of verification of measuring instruments;
21) definition of the order of type approval, tests for the purposes of type approval, metrological certification of measuring instruments and establishment of the form of the type approval mark;
21-1) approval of the list of measuring instruments issued based on the results of primary verification of measuring instruments;
21-2) determining the procedure for determining the conformity of the quantity of products packaged by the manufacturer or seller in packages of any type, as well as packaged products imported by the importer during its sale and products alienated during trade operations, for the purpose of state metrological control;
22) determination of the procedure for ensuring metrological traceability of measurements for accreditation subjects and legal entities at accreditation;
23) determination of the procedure for type approval and registration in the register of the state system of ensuring the uniformity of measurements of a standard sample;
24) coordination of activities of state bodies, individuals and legal entities in the field of ensuring the
25) implementation of interregional and intersectoral coordination and performance of works aimed at ensuring the uniformity of time and frequency measurements and determination of Earth rotation parameters;
26) implementation of interregional and intersectoral coordination and work related to the development and implementation of reference materials;
27) implementation of interregional and intersectoral coordination and work related to the development and implementation of standard reference data on physical constants and properties of substances and materials;
28) implementation of other powers provided by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Chapter 2 was supplemented by Article 6-2 of the Law of the Republic of Kazakhstan dated 05.10.2018 No. 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication); dated 30.12.2020 № 397-VI (shall enter into force upon the expiry of six months after the day of its first official publication); dated April 19, 2023 No. 223-VII (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).Article 6-3. Competence of state bodies in the field of ensuring the uniformity of measurements
State bodies within their competence in the field of ensuring the uniformity of measurements shall carry out:
1) participation in the implementation of the unified state policy in the field of ensuring the uniformity of measurements;
2) approval of lists of measurements related to state regulation together with the authorized body;
3) other powers stipulated by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Chapter 2 is supplemented by Article 6-3 of the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 6-4. Competence of the State Scientific Metrology Centre
The competence of the state scientific metrological center includes:
1) carrying out scientific research in the field of ensuring the uniformity of measurements;
2) carrying out comparisons of the results of verification, calibration of measuring instruments and interlaboratory comparative tests;
3) carrying out works on advanced training and retraining of personnel in the field of ensuring the uniformity of measurements;
4) creation, improvement, storage and application of state standards of units of values;
5) creation of systems for transfer of sizes of units of quantities;
6) development of documents on standardization in the field of ensuring the uniformity of measurements, methods of measurement, methods of verification and calibration of measuring instruments;
7) production and repair of measuring instruments;
8) production of standard samples, certified mixtures, calibration gas mixtures;
9) verification and calibration of measuring instruments in accordance with Article 18 of this Law;
10) carrying out of metrological certification of methods of performance of measurements according to article 18 of the present Law;
11) carrying out metrological examination;
12) carrying out and participation in comparisons of measurement standards of units of values;
13) carrying out tests of measuring instruments for the purposes of type approval, metrological certification of measuring instruments, certification of test equipment;
14) maintenance of the register of the state system of ensuring the uniformity of measurements;
15) certification, re-certification and revocation of certificates of verifiers of measuring instruments;
16) organization of production of verification labels;
17) testing of verification procedures for measuring instruments;
18) performance of works to ensure the uniformity of time and frequency measurements, determination of the Earth rotation parameters;
19) performance of works related to development and implementation of standard reference data on physical constants and properties of substances and materials;
20) performance of other authorities established by the legislation of the Republic of Kazakhstan.
Footnote. Chapter 2 was supplemented by Article 6-4 of the Law of the Republic of Kazakhstan dated 05.10.2018 No. 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 6-5. Individuals and legal entities in the field of ensuring the uniformity of measurements
Individuals and legal entities have the right:
1) to participate in development of normative legal acts of the Republic of Kazakhstan in the field of ensuring the uniformity of measurements;
2) to create, if necessary, appropriate subdivisions and services to ensure the uniformity of measurements;
3) to carry out verification and calibration of measuring instruments in accordance with Article 18 of this Law;
4) to carry out works on development and metrological certification of measurement procedures in accordance with Article 18 of this Law;
5) to develop documents on standardization in the field of ensuring the uniformity of measurements;
6) to carry out works on improvement of professional skill and retraining of personnel in the field of ensuring the uniformity of measurements.
Footnote. Chapter 2 is supplemented by Article 6-5 in accordance with the Law of Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 7. Objects of the state system for ensuring the uniformity of measurements
The objects of the state system of ensuring the uniformity of measurements are:
1) units of values;
2) state standards of units of values;
3) standards of units of quantities;
4) measuring instruments;
5) standard samples;
6) verification methods of measuring instruments;
7) methods of measurement performance;
8) methods of measuring instruments calibration;
9) normative legal acts, technical regulations, documents on standardization in the field of ensuring the uniformity of measurements.
Footnote. Article 7 of the Law of Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 8. Documents on standardization in the field of ensuring the uniformity of measurements
1. Documents on standardization in the field of ensuring the uniformity of measurements are developed and used in accordance with the Law of the Republic of Kazakhstan "On standardization".
2. To implement the requirements of regulatory legal acts are allowed to use:
interstate and national standards in the field of ensuring the uniformity of measurements, establishing verification schemes and schemes of metrological traceability;
interstate and national standards in the field of ensuring the uniformity of measurements, which establish the methods of verification of measuring instruments, and in their absence - the standards of organizations, which establish the methods of verification of measuring instruments, registered in the register of the state system of ensuring the uniformity of measurements;
interstate and national standards in the field of ensuring the uniformity of measurements, establishing the methods of measurement, and in their absence - the standards of organizations, establishing the methods of measurement, certified and registered in the register of the state system of ensuring the uniformity of measurements;
interstate and national standards in the field of ensuring the uniformity of measurements, establishing the methods of calibration of measuring instruments, and in their absence - the standards of organizations, establishing the methods of calibration of measuring instruments, which have undergone an assessment of their suitability in accordance with the requirements of the legislation of the Republic of Kazakhstan on accreditation in the field of conformity assessment.
Footnote. Article 8 of the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 9. Measurement units
1. Measurement units of International system of units, adopted by the General conference of weights and measure and recommended by the International organization of legal metrology shall be allowed to application in the territory of the Republic of Kazakhstan according to the procedure, established by the authorized body.
Measurement units, not included in the International system of units shall be allowed to application on decision of the authorized body.
2. Characteristics and products parameters, making export supplies, including the measurement means, may be signified in the measurement units, established by the customers.
Footnote. Article 9 as amended by the Law 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).Article 10. State standards for units of values
The technical basis of the state system of ensuring the uniformity of measurements in the Republic of Kazakhstan is formed by the state standards of units of quantities, the creation and content of which are carried out by the state.
The state standards of units of quantities are intended for reproduction and (or) storage of units of quantities (multiple or fractional values of units of quantities) and are used for the purpose of transfer of their sizes to standards of units of quantities, measuring instruments of these quantities on the territory of the Republic of Kazakhstan.
The transfer of sizes of units of quantities shall be carried out from state standards of units of quantities by calibration of standards of units of quantities, verification or calibration of measuring instruments, and in the absence of state standards of units of quantities in the Republic of Kazakhstan - from national standards of units of quantities of other states, the degree of equivalence of which is confirmed in the database of key comparisons of the International Bureau of Measurements and Weights.
State standards of units of values shall be subject to comparison with standards of units of the International Bureau of Weights and Measures and national standards of units of other states.
Footnote. Article 10 of the Law of the Republic of Kazakhstan of 05.10.2018 № 184-VI (shall be enforced six months after the day of its first official publication).Article 10-1. Standards of units of values
Standards of units of quantities are intended for reproduction and (or) storage of units of quantities (multiple or partial values of units of quantities) for the purpose of transfer of their sizes to other measuring instruments of these quantities.
The measurement standards of units of quantities shall be traceable to the national measurement standards of the Republic of Kazakhstan and, in case of their absence, to the national measurement standards of units of other states, the degree of equivalence of which is confirmed in the database of key comparisons of the International Bureau of Weights and Measures.
Footnote. Chapter as added by the new Article 10-1 – by the Law of the Republic of Kazakhstan dated June 9, 2004 N 558; dated 05.10.2018 No. 184-VI (shall be enforced upon the expiration of six months after the date of its first official publication).Article 11. Measuring instruments
Measuring instruments are used to determine the values, the units of which are allowed to be used in the Republic of Kazakhstan in accordance with the established procedure.
Measuring instruments shall be traceable to the national measurement standards of the Republic of Kazakhstan, and in case of their absence - to national measurement standards of other countries, the degree of equivalence of which is confirmed in the database of key comparisons of the International Bureau of Weights and Measures.
Measuring instruments also include reference materials and measuring systems.
Identification of technical equipment belonging to measuring instruments shall be carried out by natural and legal persons who are their manufacturers, suppliers or users in accordance with the legislation of the Republic of Kazakhstan on ensuring the uniformity of measurements.
Footnote. Article 11 in the wording of the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 11-1. Methods of verification of measuring instruments
Methods of verification of measuring instruments shall be developed in accordance with Article 8 of this Law and shall be used to confirm the conformity of measuring instruments to the established technical and metrological requirements.
Methods of verification of measuring instruments used in the course of measurements for which metrological requirements are established in the lists of measurements related to state regulation and normative legal acts are subject to registration in the register of the state system of ensuring the uniformity of measurements.
Footnote. Chapter as added by the new Article 11-1 – by the Law of the Republic of Kazakhstan dated June 9, 2004 N 558; dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 11-2. Certified reference materials
1. Standard samples are intended for reproduction, storage and transfer of characteristics of composition or properties of substances (materials) expressed in values of units of values allowed for use in the Republic of Kazakhstan.
Certified reference materials are used for verification, calibration, calibration of measuring instruments, evaluation of measurement methods and quality control of products.
2. Standard samples, which are objects of state metrological control in accordance with Article 22 of this Law, shall be subject to type approval and registration in the register of the state system of ensuring the uniformity of measurements.
Footnote. Chapter as added by the new Article 11-2 – by the Law of the Republic of Kazakhstan dated June 9, 2004 N 558; dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 11-3. Methods of calibration of measuring instruments
1. Methods of calibration of measuring instruments are used to carry out operations to establish the actual values of metrological characteristics of measurement standards of units of quantities and measuring instruments.
2. Methods of calibration of measuring instruments shall be developed and approved by legal entities performing calibration, manufacturers, owners and (or) users of reference units of quantities and measuring instruments.
Footnote. Chapter 2 was supplemented by Article 11-3 of the Law of the Republic of Kazakhstan dated 05.10.2018 No. 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication); dated 30.12.2020 № 397-VI (shall enter into force upon the expiry of six months after the day of its first official publication).Article 12. Methods of measurement
Methods of measurement shall be developed in accordance with Article 8 of this Law and shall be used when testing the objects of research for the purpose of evaluating their parameters with the established accuracy, as well as for conducting accounting operations.
Measurement methods used in measurements to which metrological requirements shall be established in the lists of measurements related to state regulation and regulatory legal acts shall be subject to metrological certification and registration in the register of the state system for ensuring the uniformity of measurements.
Footnote. Article 12 of the Law of Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication); as amended, by the Law of the RK dated 30.12.2020 № 397-VI (shall enter into force upon the expiry of six months after the day of its first official publication).Chapter 3. Metrological service
A footnote. Chapter 3 is excluded by Law No. 184-VI of 05.10.2018 (shall be enforce upon the expiration of six months after the date of its first official publication).
Chapter 4. Type approval, metrological certification, verification, calibration of measuring instruments and metrological examination
A footnote. Chapter 4 of the Law of the Republic of Kazakhstan of 05.10.2018 No. 184-VI (shall be enforce upon the expiration of six months after the day of its first official publication)
Article 17. Type approval and metrological certification of measurement means
1. Measuring instruments, which are objects of state metrological control in accordance with Article 22 of this Law, shall be subject to type approval prior to release into circulation.
The decision on the type approval of measuring instruments shall be taken by the authorized body on the basis of positive results of tests for the purposes of type approval of measuring instruments and shall be certified by the certificate of type approval of measuring instruments of the established sample, the validity period of which shall be established at its issue.
2. For measuring instruments issued into circulation in single copies, which are objects of state metrological control in accordance with Article 22 of this Law, it is allowed to conduct metrological certification.
The decision on metrological certification of measuring instruments shall be certified by the certificate on metrological certification of measuring instruments of the established sample, the validity period of which shall be established at its issue.
3. Type approval tests and metrological certification of measuring instruments shall be carried out by the state scientific metrology centre, including the use of material and technical basis of testing laboratories of third countries.
The approved type of measuring instruments and measuring instruments that have passed the metrological certification shall be entered into the register of the state system of ensuring the uniformity of measurements.
3-1. Measuring instruments included in the list of measuring instruments issued according to the results of primary verification of measuring instruments shall not be subject to testing for type approval and metrological certification of measuring instruments.
4. Excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).5. Information on type approval of measurement means and decision on cancelling of approved pattern shall be published in the official editions of the authorized body.
6. Measuring instruments in operation and storage after the expiration of the type approval certificate shall be applied until the complete physical wear and tear in compliance with the requirements of Article 19 of this Law.
Footnote. Article 17 in the wording of the Law of the RK dated 09.06.2004 N 558; as amended by the Law of the RK dated 29.12.2006 N 209 (the procedure of introduction into force see Article 2); dated 05.07.2008 N 62-IV (the procedure of introduction into force see Article 2); dated 10.07.2012 № 31-V (shall enter into force upon expiry of ten calendar days after the day of its first official publication); dated 29.12.2014 № 269-V (shall enter into force from 01.01.2015); dated 05.10.2018 № 184-VI (shall enter into force upon expiry of six months after the day of its first official publication); dated 30.12.2020 № 397-VI (shall enter into force upon expiry of six months after the day of its first official publication).Article 18. Accreditation in the field of ensuring the uniformity of measurements
Accreditation for the right of verification, calibration of measuring instruments, metrological certification of methods of measurement is carried out in the manner prescribed by the Law of the Republic of Kazakhstan "On accreditation in the field of conformity assessment.
Accreditation for the right of verification of measuring instruments and metrological certification of measurement procedures is mandatory.
Accreditation for the right to calibrate measuring instruments is voluntary.
Footnote. Article 18 of the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 19. Verification of measurement means
1. Measuring instruments, which are objects of state metrological control in accordance with Article 22 of this Law, after the approval of their type or metrological certification and registration in the register of state system of ensuring the uniformity of measurements before release into circulation, after repair, during operation are subject to verification.
2. excluded by the Law of the RK dated 30.12.2020 № 397-VI (shall enter into force upon the expiry of six months after the day of its first official publication).3. excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).
4. Legal entities, accredited on verification of measurement means, shall carry out electronic data record on verifiable measurement instruments and their transfer to the state scientific metrological center according to the procedure, determined by the authorized body, except of the cases, consisting of the state secrets and other legally protected secret.
5. Verification of measuring instruments is carried out by certified verifiers of accredited legal entities in accordance with the methodology of verification of measuring instruments. Attestation of the verifiers shall be carried out once every five years in accordance with the procedure determined by the authorized body.
6. Positive results of verification of measuring instruments shall be certified by the imprint of the verification mark in accordance with the requirements established in the method of verification of measuring instruments and the certificate of verification.
7. Measuring instruments used to monitor changes in physical quantities without evaluation of their values in units of values with standardized accuracy are not subject to verification.
Control over the serviceability of such technical facilities is carried out by their users.
Footnote. Article 19 is in the wording of the Law of the Republic of Kazakhstan dated 09.06.2004 No. 558; as amended by the Laws of the Republic of Kazakhstan dated 05.07.2008 No. 62-IV (the order of enforcement see Article 2); dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication); dated 30.12.2020 № 397-VI (shall enter into force upon the expiry of six months after the day of its first official publication).Article 20. Calibration of measurement standards for units of quantities and measuring instruments
National measurement standards of units of quantities and measurement standards of units of quantities are subject to calibration.
Measuring instruments not subject to type approval and verification may be subject to voluntary calibration.
Measuring instruments used by accreditation subjects shall be subject to calibration, except for those used in measurements to which metrological requirements shall be established by lists of measurements related to state regulation and regulatory legal acts.
Calibration of measuring instruments shall be performed in the order determined by the manufacturer, owner or user of these measuring instruments.
The results of calibration of measurement standards of units of quantities and measuring instruments shall be certified by a calibration mark applied to the measuring instrument and (or) by a calibration certificate. The calibration certificate shall specify the actual values of metrological characteristics, metrological traceability of measurements, uncertainty of measurements and a statement of compliance with certain metrological characteristics.
Footnote. Article 20 of the Law of the Republic of Kazakhstan dated 05.10.2018 No. 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication); as amended, by the Law of the RK dated 30.12.2020 № 397-VI (shall enter into force upon the expiry of six months after the day of its first official publication).Article 20-1. Metrological examination
Requirements for measurements, measuring instruments, including standard samples, contained in draft regulatory legal acts, technical regulations, interstate and national standards (with the exception of standards developed on the basis of international and regional standards with identical degree of conformity) shall be subject to mandatory metrological examination, which is carried out by the state scientific metrological center.
2 The requirements to measurements, measuring instruments, including reference materials, contained in the current regulatory legal acts and technical regulations shall be subject to mandatory metrological examination conducted by the state scientific metrological centre.
Footnote. Chapter 5 is supplemented by Article 20-1 in accordance with the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication); as amended, by the Law of the RK dated 30.12.2020 № 397-VI (shall enter into force upon the expiry of six months after the day of its first official publication).Chapter 5. The state metrological control Article 21. Purpose of state metrological control
The state metrological control is carried out by the authorized body and its territorial subdivisions for the purpose of checking the compliance of individuals and legal entities with the requirements of the legislation of the Republic of Kazakhstan on ensuring the uniformity of measurements.
Footnote. Article 21 of the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 22. Objects of state metrological control
1. The objects of the state metrological control shall be:
1) state standards of units of quantities;
2) reference units of quantities and measuring instruments;
3) standard samples;
4) regulatory legal acts, technical regulations;
5) measurement methods and measurement instruments verification methods;
6) quantity of products alienated during trade operations;
7) the amount of packaged products in packages of any kind during its sale.
2. The State metrological control shall be applied to the objects specified in point 1 of this Article, applied at measurements, to which metrological requirements are established in the lists of measurements related to state regulation and normative legal acts.
3. excluded by the Law of the RK dated 30.12.2020 № 397-VI (shall enter into force upon the expiry of six months after the day of its first official publication).Footnote. Article 22 as amended by the Law of the Republic of Kazakhstan dated 05.10.2018 No. 184-VI (shall be enforce upon the expiration of six months after the day of its first official publication); as amended, by the Law of the RK dated 30.12.2020 № 397-VI (shall enter into force upon the expiry of six months after the day of its first official publication).
Article 23. Sphere of state metrological control
Footnote. Article 23 excluded by the Law of the RK dated 30.12.2020 № 397-VI (shall enter into force upon the expiry of six months after the day of its first official publication).
Article 24. State metrological control
1. State metrological control of objects specified in Article 22, paragraph 1 of this Law shall be carried out in the form of unscheduled inspection and preventive control in accordance with the Entrepreneurial Code of the Republic of Kazakhstan and this Law.
2. Preventive control of objects specified in Article 22, paragraph 1 of this Law shall be carried out in accordance with the Entrepreneurial Code of the Republic of Kazakhstan and this Law.
The goals of preventive control without visiting the subject of control shall be timely suppression and prevention of violations, granting the subject of control the right to independently eliminate violations identified by the results of preventive control without visiting the subject of control, and reducing the administrative burden on it.
Preventive control without visiting the subject of control shall be carried out by studying, analyzing, comparing data obtained from various sources of information, including on the basis of data:
1) represented by subjects of state control and supervision, state bodies and other organizations;
2) received from information systems;
3) received from the mass media and other open sources, appeals of individuals and legal entities.
Based on the results of preventive control, without visiting the subject of control, a recommendation shall be made to eliminate the identified violations (hereinafter referred to as the recommendation) within five working days from the day of detection of violations without initiating an administrative offense case with a mandatory explanation to the subject of control of the way of eliminating violations.
The recommendation must be delivered to the subject of control personally under signature or in another way confirming the facts of sending and receiving.
A recommendation sent in one of the following ways shall be deemed to be handed over to the subject of control in the following cases:
1) on purpose - from the date of the mark in the recommendation on receiving it;
2) by mail - by registered mail;
3) electronically - from the date of sending to the electronic address of the subject of control.
The recommendation on the results of preventive control without visiting the subject of control should be implemented within ten working days from the day following the day of its delivery.
The subject of control, in case of disagreement with the violations specified in the recommendation, shall have the right to send an objection to the territorial subdivision of the agency of the authorized body that sent the recommendation within five working days from the day following the day of its delivery.
The multiplicity of carrying out preventive control without visiting the subject of control - monthly no later than the 25th day no more than once a month.
The results of preventive control without visiting the subject shall be recorded in a special register of preventive control without visiting, which shall be numbered, bound and sealed of the territorial subdivision of the agency of the authorized body.
3. State metrological control over subjects specified in Article 22, paragraph 1 of this Law shall be carried out:
1) to determine the actual fulfillment of metrological requirements established by the lists of measurements related to state regulation and regulatory legal acts;
2) in order to verify the correctness of the determination of the mass, volume, expenses or other values characterizing the amount of alienated products;
3) in order to verify that the quantity of products contained in the package corresponds to the value indicated on the package.
Footnote. Article 24 in the wording of the Law of the RK dated 30.12.2020 № 397-VI (shall enter into force upon the expiry of six months after the day of its first official publication).Article 25. The state metrological control of release, condition and application of measurements means, application of methods of measurements, standard of measurements units, observance of metrological rules and regulations
A footnote. Article 25 is excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).
Article 26. The state metrological control of quantity of goods, alienated upon execution of trade operations
A footnote. Article 26 is excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).
Article 27. The state metrological control of quantity of package goods in packs of any kind upon packaging, sale and import
A footnote. Article 27 is excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).
Article 28. The rights of civil servants, carrying out the state metrological control
1. State metrological control shall be carried out by officials of the authorized body and its territorial subdivisions in accordance with the Laws of the Republic of Kazakhstan.
Officials exercising state metrological control shall include:
1) Chief state inspector of the Republic of Kazakhstan for state control - Head of the department of the authorized body;
2) deputies of the Chief state inspector of the Republic of Kazakhstan for state control - deputy heads of the department of the authorized body;
3) the main territorial state inspectors for state control - heads of territorial subdivisions of the authorized body;
4) deputy chief of territorial state inspectors for state control - deputy heads of territorial subdivisions of the authorized body and (or) heads of their structural subdivisions;
5) state inspectors for state control - specialists for state control of territorial subdivisions of the department of the authorized body.
2. excluded by the Law of the RK dated 30.12.2020 № 397-VI (shall enter into force upon the expiry of six months after the day of its first official publication).3. Civil servants, carrying out the state metrological control shall have a right to:
1) unhindered access when presenting an act on the appointment of verification, as well as an official certificate or identification card for objects determined for state metrological control in accordance with the legislation of the Republic of Kazakhstan;
2) request and receive the document and information from the individuals and legal entities, necessary for conducting the state metrological control;
3) use the technical means and acquire information from the specialists of verified objects;
4) prohibit the use, sale, release from production and repair of measuring instruments that have not passed the tests and type approval, verification, metrological certification, not corresponding to the approved type;
5) extinguish the stamps of verification impression or avoid certificate on verification of measurement means, if the measurement means are inoperative, errors of their indications exceed the permissible rates or certificate validity interval on verification of measurement means are expired;
5-1) to check the correctness of application of measurement procedures;
6) draw up, issue binding recommendations, instructions to eliminate violations of the legislation of the Republic of Kazakhstan on ensuring the uniformity of measurements;
7) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);8) apply to court according to the procedure, established by the Laws of the Republic of Kazakhstan.
4. excluded by the Law of the RK dated 30.12.2020 № 397-VI (shall enter into force upon the expiry of six months after the day of its first official publication).Footnote. Article 28 as amended by the Laws of the Republic of Kazakhstan dated 09.06.2004 No. 558; dated 10.07.2012 № 31-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 № 269-V (shall be enforced dated 01.01.2015); dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the date of its first official publication); dated 26.11.2019 № 273-VI (shall enter into force upon the expiry of six months after the day of its first official publication) ; dated 30.12.2020 № 397-VI (shall enter into force upon the expiry of six months after the day of its first official publication).
Article 28-1. Obligations of civil servants, carrying out the state metrological control
The civil servants, carrying out the state metrological control shall be obliged to:
1) conduct the explanatory work on application of the legislation of the Republic of Kazakhstan on ensuring the unity of measurements in the course of measures on the state metrological control;
2) keep the commercial and other legally protected secret;
3) comply with the procedure of carrying out the state metrological control, established by the Laws of the Republic of Kazakhstan;
4) take measures on elimination of discovered violations on the grounds of results of conducted state metrological control.
Footnote. Chapter 5 is supplemented by Article 28-1 in accordance with the Law 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).Chapter 6. Responsibility for violation of the legislation of the Republic of Kazakhstan on ensuring the unity of measurements and resolution of disputes
Footnote. Title of chapter 6 is in the wording of the Law 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).
Article 29. Responsibility for violation of the legislation of the Republic of Kazakhstan on ensuring the unity of measurements
Persons, guilty in violation of the legislation of the Republic of Kazakhstan on ensuring the unity of measurements shall be liable in accordance with the Laws of the Republic of Kazakhstan.
Footnote. Article 29 is in the wording of the Law of the Republic of Kazakhstan dated 09.06.2004 N 558.Article 30. Resolution of disputes in relation of the violation of regulations of this Law
Disputes, linked with the violation of regulations of this Law and regulatory documents on ensuring the unity of measurements, shall be resolved according to the procedure, established by the legislation of the Republic of Kazakhstan.
Chapter 7. Financing of operations on ensuring the unity of measurements Article 31. Financing of operations on ensuring the unity of measurements and the state metrological control
1. They are financed from the budget:
1) participation of the Republic of Kazakhstan in the work of international organizations carrying out their activities in the field of ensuring the uniformity of measurements, and payment of membership fees;
2) expenses on creation and maintenance of state standards of units of the Republic of Kazakhstan, standards of units of units of values being in the state ownership;
3) expenses for mandatory metrological examination of normative legal acts, technical regulations and their projects.
2. Metrological works and services provided by this Law and not specified in paragraph 1 of this Article, shall be finances on the contract basis or at the expense of other sources, not prohibited by the legislation of the Republic of Kazakhstan.
Footnote. Article 31 as amended by the Laws of the Republic of Kazakhstan dated 09.06.2004 No. 558; dated 20.12.2004 No. 13 (shall be enforced from 1 January, 2005); dated 10.07.2012 No. 31-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 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).
The President |
