On regulation of trading activities

Updated Unofficial translation

Law of the Republic of Kazakhstan dated 12 April, 2004 No. 544.

      Unofficial translation!

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      TABLE OF CONTENTS

      Footnote. Text for the words “of the local executive bodies”, “The local executive bodies”, “by the local executive body”, “by the local executive bodies” is supplemented with the words “of the city of republican status, capital and regions (the cities of the oblast status)” by the Law of the Republic of Kazakhstan, No. 116 dated 10 January, 2006 (shall be enforced from Article 2 of the Law No.116)

      This Law shall regulate social relations in the sphere of trade activities, and determine the principles and organizational basis of the state regulation of trading activities.

Chapter 1. General provisions

Article 1. Basic terms used in this Law

      The following basic terms are used in this Law:

      1)automatic licensing (observation) – the temporary measure established for monitoring of dynamics of export and (or) import of separate types of goods;

      1-1) marked-down goods – the goods realized at reduced price in connection with existence of a shortcoming or elimination of a shortcoming;

      1-2) quantitative restrictions of export and (or) import – a measure for quantitative restriction of foreign trade in goods which can be entered by establishment of quotas;

      2) “threshold value of retail prices for staple foods” means the permissible level of retail prices, established in order to avoid unjustified price increases, keep the inflation within the accepted limits and preserve the macroeconomic stability of the country, up to which the subject of trading activities shall be entitled to determine the retail prices for staple foods;

      3) maximum permissible retail prices for socially important food products – the level of retail prices established by authorized body in the area regulation of trade activity in case of excess of threshold values of retail prices for socially important food products;

      4) “retail trade” means the business activities for the sale to the buyer of goods for personal, family, household or other uses not related with a business;

      4-1) a sale – realization of goods of appropriate quality at reduced prices;

      4-2) an import custom duty – the obligatory payment raised by customs authorities when importing goods to custom territory of the Eurasian Economic Union;

      4-3) export customs duty - mandatory payment imposed by the Customs authorities of the Republic of Kazakhstan upon exportation of goods from the customs territory of the Eurasian Economic Union;

      5) extra quota rate of customs dutierate (amount) of import or export duty to goods imported or exported in excess of the tariff quotas;

      6) an intra quote rate of custom duties – the rate (amount) of an import or export custom duty established on the goods imported or which are taken out within the established tariff quota;

      7) “wholesale trade” means the business activities for the realization of goods intended for further sale or other purposes not related to personal, family, household and other similar use;

      8) “public catering” means the business activities related to production, processing, sale and organization of foods consumption;

      9) permission – the special document issued to the participant of foreign trade activity by authorized body in the field of regulation of trade activity on the basis of the foreign trade agreement (contract) which subject are the goods concerning which automatic licensing (observation) is established;

      10) “trading area” means the area of trading facilities furnished with special equipment and designed for the presentation and display of goods, customer service and carrying out of monetary settlements with the buyers when selling the goods as well as for the passage of the buyers;

      10-1) the trade market – the isolated property complex for trade activity, with centralization of functions of economic service of the territory, management and security, acting on the constant basis and provided with the platform for the parking of vehicles within borders of the territory and also conforming to sanitary and epidemiologic requirements, requirements of fire safety, architectural and construction and other requirements according to the legislation of the Republic of Kazakhstan;

      11) retail chain stores – set of two and more shopping facilities which are under the general management and are used under uniform commercial designation and other means of individualization, except for the trade markets;

      12) “trading activities” means the business activities of natural persons and legal entities aimed at carrying out of sale of goods;

      13) authorized body in the field of regulation of trade activity (further – authorized body) – the central executive body forming trade policy, performing management and also interindustry coordination in the sphere of trade activity;

      14) “subject of trading activities” means a natural person or legal entity, who carries out, in a manner prescribed by the legislation of the Republic of Kazakhstan, the trading activities;

      15) the shopping facility – the building or a part of the building, a construction or a part of a construction, the trade market, the automated device or the vehicle which are specially equipped with the equipment intended and used for the display, demonstration of goods, service of buyers and carrying out cash settlements with buyers during sale of goods;

      15-1) the trade place – the place equipped with the equipment intended and used for the display, demonstration of goods, service of buyers and carrying out monetary settlings with buyers at sale of goods;

      16) “trade policy” means a set of organizational, legal, economic, control and other measures to be carried out by the state authorities in order to implement the purposes and principles set forth by the present Law;

      16-1) the non-stationary shopping facility – the temporary construction or a temporary design which are unsteadily connected with the earth regardless of existence or lack of connection (technological accession) to networks of technical maintenanceincluding the automated device or the vehicle;

      16-2) the stationary shopping facility – the building or a part of the building (the built-in, built-in attached, attached room), the construction or a part of a construction (the built-in, built-in attached, attached room) which are strongly connected with the earth and connected (technologically attached) to networks of technical maintenance;

      17) “foreign trade” (hereinafter referred to as “the foreign trade activities”) means the trading activities related to the export out of the Republic of Kazakhstan and (or) import into the Republic of Kazakhstan of goods;

      17-1) participants of foreign trade activity – the individual persons registered as individual entrepreneurs according to the legislation of the Republic of Kazakhstan and the legal entities created according to the legislation of the Republic of Kazakhstan;

      18) the tariff quota – the measure of regulation of import to the territory of the Republic of Kazakhstan or export from the territory of the Republic of Kazakhstan of separate types of goods providing application during the certain period of lower rate of an import or export custom duty when importing or exporting a certain quantity of goods (in natural or value terms) in comparison with a current rate of an import or export custom duty;

      19) “goods” include any product of labour, that has not been withdrawn from the market and intended for the sale or exchange;

      20) excluded by the Law of the Republic of Kazakhstan from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication );

      20-1) an exclusive export right and (or) import of separate types of goods – implementation of foreign trade activity concerning separate types of goods on the basis of the exclusive license;

      21) a class of goods – set of the goods with similar functional purpose;

      21-1) an international specialized exhibition – the exhibition which is at the same time corresponding to the following conditions:

      is official or officially recognized international intergovernmental organization according to international treaties;

      participants of an exhibition are two and more states;

      duration of an exhibition is not less than six weeks and no more than six months;

      is not the exhibition of works of arts and an exhibition having commercial character;

      start date and completion of an exhibition are specified in the registration file developed by the legal entity created according to the decision of the Government of the Republic of Kazakhstan, and approved by the international intergovernmental organization created for control over the implementation of provisions of the international treaty on holding the international specialized exhibition;

      21-2) a participant of the international specialized exhibition –a person or legal entity exposing objects (exhibits) at the international specialized exhibition and presenting the respective country in national sections at the international specialized exhibition and also the international organization or a personor legal entity determined by the internal rules of holding the international specialized exhibition adopted according to conditions of the international treaty;

      21-3) the territory of the international specialized exhibition – the land plots provided in the registration file developed by the legal entity created according to the decision of the Government of the Republic of Kazakhstan, and approved by the international intergovernmental organization created for control over the implementation of provisions of the international treaty on holding the international specialized exhibition, and provided according to the legislation of the Republic of Kazakhstan;

      21-4) postexhibition use of the territory of the international specialized exhibition is a management of objects (operation of objects) of the international specialized exhibition;

      21-5) objects of the international specialized exhibition – the building, architectural objects, constructions, engineering and transport infrastructure and other objects which remained after holding the international specialized exhibition, located in its territory;

      22) “large trading facilities” includes the trading facilities with a trading area of not less than two thousand square meters;

      23) “domestic trade” means the trading activity carried out in the territory of the Republic of Kazakhstan.

      24) electronic trading – the entrepreneurial activity on realization of goods which is carried out by means of information technologies;

      25) the intermediary in electronic trading – the person rendering services in the organization of electronic trading;

      26) participants of electronic trading – thepersons and legal entities participating as a buyer, seller and (or) intermediary in electronic trading.

      Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan, No. 535-IV dated 09.01.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); with the changes made by Laws of the Republic of Kazakhstan from 03.12.2013 No. 151-V (shall be enforced upon expiry of ten calendar days after its first official publication shall be enforced); from 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication ); from 29.12.2014 No. 269-V (shall be enforced from 01.01.2015); from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication ); from 21.04.2016 No. 504-V (shall be enforced upon expiry of ten calendar days after its first official publication ); from 25.12.2017 No. 122-VI (shall be enforced from 01.01.2018).

Article 2. Legislation of the Republic of Kazakhstan on the regulation of trading activities

      1. The legislation of the Republic of Kazakhstan on the regulation of trading activities shall be based on the Constitution of the Republic of Kazakhstan and comprised of the present Law and of other legal normative acts of the Republic of Kazakhstan.

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

Article 3. Purposes and principles of the regulation of trading activities

      1. The regulation of trading activities shall be aimed at:

      1) satisfying the needs of population in goods and developing the trade infrastructure;

      2) organizing services in trade and public catering;

      3) promoting the development and improvement of trading activities in the Republic of Kazakhstan;

      4) providing conditions for Kazakhstan to integrate in the world trade system;

      5) increasing the competitiveness of the domestic goods in foreign market.

      2. The following principles shall be followed when regulating the trading activities:

      1) the equality of rights of subjects of trading activities;

      2) non-interference of the state authorities in trading activities unless stipulated by the legislation of the Republic of Kazakhstan;

      3) support for free and fair business;

      4) protection of the domestic producers;

      5) secure of good services in trade;

      6) freedom to choose the type of trading activities and the possibility of the subjects of trading activities to be engaged in such activities;

      7) unity of trade policy as an integral part of the state economic policy of the Republic of Kazakhstan;

      8) ensuring on equal footing of the protection of the rights and legitimate interests of the customers, subjects of trading activities and of the state.

      9) unity of application of methods of state regulation of foreign trade activity in all territory of the Republic of Kazakhstan;

      10) publicity during the developing, acceptance and application of measures of state regulation of foreign trade activity;

      11) validity, objectivity and transparency of application of measures of state regulation of foreign trade activity.

      Footnote. Article 3 as amended by the Law of the Republic of Kazakhstan, No. 400-IVdated 26.01.2011 (shall be enforced upon expiry of thirty calendar days after its first official publication); from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication ).

Article 4. Scope of application of the present Law

      1. The present Law shall be effective in the territory of the Republic of Kazakhstan and shall extend to all subjects of trading activities.

      2. Operation of the present Law does not extend to the relations of:

      1) on a trade of separate types of goods which are regulated by other acts of the Republic of Kazakhstan.

      Implementation of trade activity by such goods in the part which is not settled by these acts of the Republic of Kazakhstan is regulated by standards of the present Law;

      2) connected with activity of the financial organizations and also on the relations connected with operations with financial instruments.

      Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan No. 400-IVdated 26.01.2011 (shall be enforced upon expiry of thirty calendar days after its first official publication); from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication ).

Chapter 2. State regulation of trading activities

      Footnote. Chapter 2 as amended by the Law of the Republic of Kazakhstan 400-IVdated 26.01.2011 (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 5. Forms and methods of state regulation of trading activities

      1.The following shall be the forms of the state regulation of trading activities:

      1) determination the procedure of carrying out of trading activities;

      2) definition of conditions of movement of goods through the customs border of the Eurasian Economic Union coinciding with Frontier of the Republic of Kazakhstan;

      2-1) definition of conditions of movement of goods at implementation of mutual trade in state members of the Eurasian Economic Union;

      3) fostering of the development of trading activities;

      4) state control and supervision in the field of trading activities;

      5) certification.

      2. The following shall be the methods of the state regulation of trading activities:

      1) customs and tariff regulation of foreign trade;

      2) non-tariff regulation of foreign trade;

      3) suspension of trade and (or) prohibition of sale of goods in accordance with the legislation of the Republic of Kazakhstan;

      4) the use of special protective, antidumping and countervailing measures;

      5) participation in the international economic sanctions;

      Footnote. Article 5 with the changes made by laws of Republic of Kazakhstan from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication ; from 26.12.2017 No. 124-VI (shall be enforced from 01.01.2018).

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

      The Government of the Republic of Kazakhstan shall:

      1)excluded by the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication );
      2)excluded by the Law of the Republic of Kazakhstan of 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication );
      3)excluded by the Law of the Republic of Kazakhstan of 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication );
      4) - 8)excluded by the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication );

      9) perform cooperation and interaction with foreign states, international organizations in the sphere of trading activities and provide the opening abroad of the trade missions of the Republic of Kazakhstan;

      10) take decisions on negotiating and signing of intergovernmental agreements in the sphere of trading activities;

      11) establish the authorized body;

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

      14-1) creates the legal entity with absolute participation of the state in authorized capital which main object of activity are the organization and holding the international specialized exhibition in the territory of the Republic of Kazakhstan and also postexhibition use of the territory of the international specialized exhibition;

      14-2)excluded by the Law of the Republic of Kazakhstan of 25.12.2017 No. 122-VI (shall be enforcedfrom 01.01.2018);

      14-3) makes the decision on application of countermeasures;

      14-4) makes the decision on application of special types of the bans and restrictions;

     

      15) perform other functions assigned upon him by the Constitution of the Republic of Kazakhstan, present Law, other laws of the Republic of Kazakhstan and by the acts of the President of the Republic of Kazakhstan.

      Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan No. 535-IV dated 09.01.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); with the changes made by Laws of the Republic of Kazakhstan from 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication ); from 03.12.2013 No. 151-V (shall be enforced upon expiry of ten calendar days after its first official publication ); from 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication ); from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication ); from 25.12.2017 No. 122-VI (shall be enforced from 01.01.2018).

Article 7. Competence of the authorized body

      The authorized body shall:

      1-1) forms the public trade policy;

      1-2) takes measures for protection of domestic market of the Republic of Kazakhstan;

      2) takes measures of customs and tariff and non-tariff regulation of foreign trade activity;

      2-1) approves the inventory to which import or export custom duties, the size of rates and term of their action and also if necessary an order of their calculation are applied;

      2-2)excluded by the Law of the Republic of Kazakhstan from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication );

      3) elaborate the proposals for the development of trading activities as well as for the promoting the production and trade of goods;

      4-1) approves rules of the internal trade;

      5) excluded by the Law of the Republic of Kazakhstan from 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication );
      6) excluded by the Law of the Republic of Kazakhstan of 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication );

      7) develops and approves the minimum standards for the provision of the population with commercial space;

      7-1) develops and approves rates of natural loss of food products in retail trade;

      8) excluded by the Law of the Republic of Kazkhstan of 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication );

      9) initiates, participates and will organize holding republican and international exhibitions and fairs together with the National chamber of entrepreneurs of the Republic of Kazakhstan;

      10) represent the Government of the Republic of Kazakhstan in negotiations with international trade organizations;

      11) carries out export licensing and (or) import of separate goods in the order established by the legislation of the Republic of Kazakhstan;

      12) carries out monitoring by means of the analysis of information on the issued certificates of origin provided quarterly by the organization authorized for issue of the certificate of origin and also monitoring of issue of the certificate of origin for the internal appeal, determination of the status of goods of the Eurasian Economic Union and (or) foreign goods by authorized body (organization);

      13) conduct the macroeconomic analysis in order to identify thethreshold value of retail prices and the amount of maximum permissible retail prices for staple foods;

      14) elaborate the proposals on identifying the amount of maximum permissible retail prices for staple foods and on determination on an annual basis of the threshold value of retail prices for such products;

      14-1) approves threshold values of retail prices for socially important food products;

      15) develops and approves an order of establishment of threshold values of retail prices for socially important food products and the size of maximum permissible retail prices for them;

      15-1) approves the size of maximum permissible retail prices for socially important food products;

      16) excluded by the Law of the Republic Kazakhstan of 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);

      16) elaborate and approve the forms of departmental reports and checklists as provided under the Law of the Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan”;

      17) exercise other powers provided for in the present Law, other laws of the republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and of the Government of the republic of Kazakhstan.

      Footnote. Article 7 with the changes made by Laws of the Republic of Kazakhstan from 04.07.2013 No. 130-V (an order of enforcement see Art. 2); from 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication ); from 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); from 29.12.2014 No. 269-V (shall be enforced from 01.01.2015); from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication ); from 26.12.2017 No. 124-VI (shall be enforced from 01.01.2018).

Article 7-1. Competence of the authorized body in the sphere of regulation of industrial policy

      Footnote. Article 7-1 as amended by the Law of the Republic of Kazakhstan No. 535-IV dated 09.01.2012 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 8. Competence of the local executive bodies of oblasts, city of republican status, capital, district and the city of the oblasts status

      The local executive bodies of oblasts, city of republican status, capital, district and of the city of the oblasts status shall:

      1) ensure the implementation of trade policy;

      2) carry out, within its competence, the regulation of the activities of the subjects of trading;

      3) elaborate the measures for the promotion of trade in the corresponding administrative and territorial units;

      4) elaborate the proposals on the minimal standards of making available of trading areas to the public;

      5) elaborate and implement the measures to achieve a minimal standards of making available of trading areas to the public;

      6) carry out the organization of hosting the exhibitions and fairs;

      7) exercise the state control over the compliance with the amount of maximum permissible retail prices for staple foods;

      8) exercise, on behalf of the local bodies, other powers assigned upon the local executive bodies by the legislation of the Republic of Kazakhstan.

      Footnote. Article as amended by the Law of the Republic of Kazakhstan No. 535-IV dated 09.01.2012 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 9. Pricing in the sphere of trading

      1. The prices of goods shall be fixed by the subjects of trading activities by themselves, except for the case provided for in paragraph 2 of this article, and where upon request of the supplier the agreement for the supply of food products is concluded in which the parties shall, under mutual agreement, fix the maximum permissible markup.

      The amount of the maximum permissible markup shall be mandatory established while concluding the agreement for the supply of staple foods. Any transaction made in violation of this requirement shall be deemed void.

      2. In case of excess of threshold values of retail prices for socially important food products in the territory of the area, the cities of republican significance, the capital the authorized body has the right to establish the size of maximum permissible retail prices for them in the territory of the area, the city of republican significance, the capital for term no more than ninety calendar days.

      The subject of trading activities shall be liable in accordance with the laws of the republic of Kazakhstan where he exceeds the amount of the maximum permissible retail prices for staple foods fixed under part one of this paragraph.

      Footnote. Article 9 with the changes made by the Law of the Republic Kazakhstan from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication ).

Chapter 3. Domestic trade

Article 10. Trading facilities and types of domestic trade

      1. The domestic trade shall comprise the trading facilities and the public catering facilities.

      2. Stationary shopping facilities are subdivided on:

      category 1 which includes shopping facilities with the floor space more than ten thousand square meters implementing food, the nonfoods provided with trade, administrative and household, storage facilities and the platform for the parking of trucking facilities within borders of the territory and also objects of public catering and other objects;

      category 2 which includes the shopping facilities with the floor space from two thousand to ten thousand square meters specializing in implementation food, nonfoods, provided with trade, administrative and household, storage facilities and the platform for the parking of trucking facilities within borders of the territory and also objects of public catering and other objects;

      category 3 which includes the shopping facilities with the floor space from five hundred to two thousand square meters provided with trade, utility, administrative and household rooms, rooms for acceptance, storage and preparation food, nonfoods to sale, objects of public catering (at their availability) and other objects (at their availability);

      category 4 which includes the shopping facilities with the floor space from hundred to five hundred square meters provided with trade, utility rooms, rooms for acceptance, storage and preparation food, nonfoods to sale, objects of public catering (at their availability) and other objects (at their availability);

      category 5 which includes shopping facilities with the floor space less than hundred square meters provided with trade rooms, rooms for acceptance, storage and preparation food, nonfoods to sale, objects of public catering (at their availability) and other objects (at their availability).

      Types and requirements to stationary shopping facilities approve by authorized body.

      2-1. Non-stationary shopping facilities are subdivided on:

      1) the automatic machine – the automated device, held for sale goods;

      2) a portable counter – the figurative shoddy construction (design) representing the trade place located on specially certain place;

      3) shop trailer – the specialized trucking facility equipped with trading equipment;

      4) a tent (pavilion) – easily built structure from collapsible designs equipped with trading equipment for one or several trade places having the area for a trade stock and located on specially certain place;

      5) a booth – the non-capital figurative construction equipped with trading equipment, which does not have a trade floor and rooms for storage of food products, expected one or several trade places.

      At sales of goods through shop trailers the specialized vehicle has to be technically working.

      2-2. The trade markets depending on implementable goods are subdivided on:

      1) universal;

      2) specialized.

      2-3. The universal trade market is the trade market in which trade places are intended for implementation of sales of goods of a different class:

      in the territory of the capital, the city of republican value the trade market consists of one and more stationary shopping facilities in which non-stationary shopping facilities, except for shop trailers can be located;

      in the territory of the city of regional value, the city of district value, the settlement, the village the trade market consists of stationary and (or) non-stationary shopping facilities.

      Note made by Reginal center of legal information!

      Article 10 is provided to be added with point 2-4 according to the Law of the Republic of Kazakhstan from 27.10.2015 No. 364-V shall be enforced from 01.01.2020).

      2-5. The specialized trade market is the trade market in which seventy and more percent of goods from their total quantity are intended for implementation of sales of goods of one class.

      The specialized trade market represents stationary and (or) non-stationary shopping facilities.

      2-6. In the trade markets have to be:

      1) trade places according to the scheme of their placement, administrative and household, storage facilities and public places are equipped;

      2) places, available to a review, on which take place are equipped:

      information containing the scheme of placement in the trade market of trade places;

      the scheme of evacuation at emergence of emergency or emergency situations;

      information on an order and on conditions of providing trade places in lease (use);

      information on availability of empty trade seats;

      contact information (phone number and (or) the e-mail address) of the person authorized to conduct negotiations on providing trade places in lease (use);

      information, stipulated by the legislation the Republic of Kazakhstan about consumer protection.

      2-7. Rules of the organization of activity of the trade markets, requirements to the maintenance of the territory, the equipment and equipment of the trade market approve by the Government of the Republic of Kazakhstan.

      3. Public catering facilities shall be divided into the following categories:

      1) restaurant – a public catering and leisure facilities, serving a range of courses to be cooked sophisticatedly, including the customized and branded ones, as well as the alcoholic beverages, where the service of the waiters are mandatory provided to customers;

      2) a cafе – a public catering and leisure facilities, serving a range of courses of uncomplicated cooking, as well as the alcoholic beverages,where the service of the waiters are mandatory provided to customers;

      3) a bar - a public catering and leisure facilities, serving to customers the snacks, desserts and pastries, as well as the alcoholic beverages;

      4) a canteen – a public catering facilities with self-service of customers.

      4. The specialization of the trading facilities shall be determined by the authorized body in the sphere of sanitary and epidemiological welfare of population in accordance with the legislation of the Republic of Kazakhstan.

      5. The types of the domestic trade shall comprise the wholesale and retail trade, public catering and other types of trade established under the present Law.

      6. The procedure and requirements for carrying out the wholesale, retail trade and public catering, as well as for the facilities of the domestic trade shall be established by the legislation of the Republic of Kazakhstan.

      Footnote. Article 10 as amended by the Law of the Republic of Kazakhstan No. 400-IVdated 26.01.2011 (shall be enforced upon expiry of thirty calendar days after its first official publication); From 27.10.2015 No 364 (the order of enforcement see article 2)

Article 11. Wholesale trade

      1. Wholesale trade is carried out in stationary shopping facilities and the trade markets.

      2. At implementation of wholesale trade subjects of trade activity are obliged to provide requirements of regulations of the Republic of Kazakhstan and normative documents and also necessary conditions for transportation, storage and sale of goods.

      Footnote. Article 11 with the changes made by the Law of the Republic of Kazakhstan from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication ).

Article 12. Retail trade

      1. Home shopping service is carried out through stationary, non-stationary shopping facilities and the trade markets.

      2. The carrying out of retail trade shall comprise that each item be packed and packaged unless otherwise provided by the legislation of the Republic of Kazakhstan or by the contract or unless otherwise implied from the nature of the product.

      3. Except for the cases where the seller has explicitly determined that the goods is not intended for sale, any display of goods for exhibition, demonstration of the sample of the said goods or any furnishing of the details (descriptions, catalogs, photographs, etc.) of goods at the places of sale shall be deemed a public offer irrespective of whether the prices or other essential terms of the purchase and sale agreement have been indicated.

      4. Retail trade carried out of the trading facilities, through the network marketing, social marketing, sales by mail and other methods shall be regulated in a manner prescribed by the Government of the Republic of Kazakhstan.

      5. Implementation of home shopping service out of the places established by local executive bodies is forbidden.

      Footnote. Article 12 with the changes made by Lawsof the Republic of Kazakhstan from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication ); from 21.04.2016 No. 504-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 13. Public catering

      1. The public catering facilities shall comprise the production, processing, distribution and organization of consumption of their own products as well as of other food products.

      2. The provision to visitors of a menu in public catering facilities shall be deemed an offer (public offer) for the conclusion of the agreement for retail purchase and sale of catering foods specified in the menu.

      3. The general requirements for conducting public catering activities for the categories set forth in paragraph 3 of article 10 of the present Law shall be determined by the Government of the Republic of Kazakhstan.

      Footnote. Article 13 as amended by the Law of the Republic of Kazakhstan No. 400-IVdated 26.01.2011 (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 14. Purchase and sale agreement in trading activities

      1. The terms and procedures for concluding the purchase and sale agreement, as well as the rights and obligations of the seller and buyer shall be determined, taking into peculiarities stipulated in this Law, in accordance with Civil code and other legislative acts of the Republic of Kazakhstan.

      2. Where the legislative acts of the Republic of Kazakhstan establishes restriction on the age of consumer while the sale of goods, the seller shall be required to refuse the sale of such product if the consumer failed to provide the document identifying his age.

      3. The agreement for wholesale purchase and sale of goods is a form of supply agreement under which the subjects of trading activities sell the goods from trading facilities.

Chapter 3-1. Promotion of the development of domestic trade

      Footnote. The Law is supplemented by Chapter 3-1 by the Law of the Republic of Kazakhstan No. 400-IVdated 26.01.2011 (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 14-1. Support of trading activities by the local executive bodies of oblast, city of republican status, capital, raion, city of oblast status

      1. The local executive bodies of the oblast, city of republican status, capital, raion, and of the city of the oblast status shall carry out support of trading activities by virtue of the following measures:

      1) the elaboration and implementation of investment projects aimed at the development of trade infrastructure;

      2) the development and improvement of the system of training, retraining and advanced training of commercial workers, and the formation of labour market on a professional basis;

      3) the use of economic measures incentivizing the subjects of trading activities, including a trading of the food products of domestic manufacture;

      4) the development of e-commerce;

      5) the development of cross-border trade;

      6) the development of domestic trade networks.

      2. The actions aimed at the development of insider trade are developed taking into account the minimum standards of security of the population with the floor space approved by authorized body.

      Footnote. Article 14-1 with the changes made by the Law of the Republic of Kazakhstan from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication ).

Article 14-2. Standardizing the availability of trading areas to the public

      1. The minimum standards of security of the population with the floor space approved by authorized body have to be considered when developing complex schemes of town-planning planning of territories of regions (the project of regional planning), master plans of settlements.

      2. The authorized body shall elaborate the minimal standards of making available of trading are as to the public giving due regard to the proposals of the local executive bodies of the oblast, city of republican status, capital, raion, and of the city of the oblast status.

      3. The categories of the settlements, structure and density of population in the settlements shall be taken into consideration when elaborating the minimal standards of making available of trading are as to the public.

      Footnote. Article 14-2 with the changes made by the Law of the Republic of Kazakhstan from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 4. Foreign trade

      Footnote. Chapter 4 as amended by the Law of the Republic of Kazakhstan No. 400-IVdated 26.01.2011 (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 15. State measures on the development of foreign trade

      Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan No. 535-IV dated 09.01.2012 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 15-1. Purposes and objective of the National organization on the development and promotion of export

      Footnote. Article 15-1 as amended by the Law of the Republic of Kazakhstan No. 535-IVdated 09.01.2012 (shall be enforced upon expiry of ten calendar days after its first official publication)

Article 16. Customs and tariff regulation of foreign trade

      1. The customs and tariff regulation of foreign trade shall comprise the use of the following measures:

      1) the customs duties;

      2) the tariff concessions;

      3) the tariff preferences;

      4) the tariff quota.

      2. The customs and tariff regulation of foreign trade shall pursue the following purposes:

      1) rationalization of the goods structure of importing the goods into the territory of the Republic of Kazakhstan;

      2) maintaining the efficient ratio of export and import of goods into the territory of the Republic of Kazakhstan;

      3) contributing for the progressive change in the industrial structure and consumption of good in the Republic of Kazakhstan;

      4) the protection of the economy of the Republic of Kazakhstan against the adverse effects of the imported goods;

      5) providing the conditions for Kazakhstan to effectively integrated into the world economy;

      6) ensuring the country’s food security.

Article 16-1. Tariff quotas

      1. For the purpose of creation of conditions for progressive changes in structure of production and consumption of goods in the Republic of Kazakhstan and preserving of a rational ratio of domestic and foreign goods authorized body:

      1) establishes the tariff quotas on import or export of separate types of goods;

      2) defines a method, a distribution order, volume and term of their action.

      The authorized body and other state bodies distribute the tariff quotas between participants of foreign trade activity within the competence according to order of distribution of the tariff quota.

      2. Intra quote rates and extra quote rates of the customs duties on goods, to import or evacuation of whom are applied the tariff quotas, established by authorized body according to the international treaties ratified by the Republic of Kazakhstan.

      3. Import or commodity exportation to the territory of the Republic of Kazakhstan within the tariff quotas is performed on the basis of the export licenses and (or) import issued by authorized body.

      The order and conditions of issue of export licenses and (or) import are established according to the international treaties ratified by the Republic of Kazakhstan.

      Footnote. Article 16-1 in edition of the Law of the Republic of Kazakhstan from 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); with the changes made by the Law of the Republic of Kazakhstan from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 17. Non-tariff regulation of foreign trade activity

      Treat measures of non-tariff regulation of foreign trade activity:

      1) ban of export and (or) import of separate goods;

      2) quantitative restrictions of export and (or) import of separate goods;

      3) exclusive export right and (or) import of separate types of goods;

      4) licensing in the sphere of export and (or) import of goods;

      5) automatic licensing (observation) of separate types of goods.

      Footnote. Article 17 in edition of the Law of the Republic of Kazakhstan from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication ).

Article 18. Bans and quantitative restrictions of export and (or) import of separate goods

      1. Bans of export and (or) import of separate goods are entered by the relevant central state bodies within the competence in coordination with authorized body proceeding from need:

      1) observance of law and order;

      2) protection of life and health of the person, environment;

      3) excluded by the Law of the Republic of Kazakhstanfrom 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      3-1) regulations of export and (or) import of gold or silver;

      4) protection of cultural values and objects of national cultural property against illegal export and (or) import;

      5) prevention of exhaustion of irreplaceable natural resources with simultaneous restriction of their domestic production and consumption;

      6) ensuring national security;

      7) accomplishment of the international obligations;

      7-1) restrictions of export of domestic goods for providing with enough such goods of the internal processing industry;

      7-2) acquisitions or distributions of goods at the general or their local deficit;

      7-3) creations of conditions for progressive changes in structure of production and consumption of goods in the Republic of Kazakhstan;

      7-4) ensuring compliance with the regulatory legal acts corresponding to the international obligations, concerning application of the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan, protection of intellectual property and other legal acts.

      8) it is excluded by the Law RK of 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      2. Quantitative restrictions of export and (or) import of separate goods are entered by the relevant central state bodies within the competence in coordination with authorized body proceeding from need:

      1) ensuring national security;

      2) accomplishment of the international obligations;

      3) protection of domestic market.

      3. Quantitative restrictions of export and (or) import of separate goods are entered according to the legislation of the Republic of Kazakhstan and performed by licensing according to the Law of the Republic of Kazakhstan "About permissions and notifications".

      4. For prevention or reduction of a critical shortcoming in domestic market of the food or other products included in the List of significantly important goods, the central state bodies within the competence a ban and quantitative restrictions of export of separate goods in coordination with authorized body can be imposed.

      The list significantly of important goods is defined by authorized body.

      5. Distribution of quantitative restrictions of export and (or) import of separate goods between participants of foreign trade activity is performed by the relevant central state bodies within the competence in coordination with authorized body.

      The size of quotas and validity period of a quota are defined by the relevant central state bodies within the competence in coordination with authorized body.

      Footnote. Article 18 in edition of the Law of the Republic of Kazakhstan from 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); with the changes made by laws of the RK from 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after its first official publication); from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication); from 26.12.2017 No. 124-VI (shall be enforcedfrom 01.01.2018).

Article 18-1. Conditions and order of delivery of permissions

      1. Permissions are given without restriction to all applicants.

      2. For obtaining permission the applicant presents to authorized body:

      written statement;

      the project of permission of the established sample in one copy on paper and its electronic copy.

      3. Permission is given within three working days from the date of filing of application.

      4. Period of validity of permission is limited calendar year in which permission is given.

      5. Modification of the given permission is not allowed.

      6. The given permission is not subject to renewal on other applicants.

      7. In case of loss of permission the authorized body within three working days according to the written address of the applicant issues the duplicate of permission.

      Footnote. Article 18-1 in edition of the Law of the Republic of Kazakhstan of 27.10.2015 No. 364-V (shall be enforcedafter ten calendar days after day of its first official publication).

Article 18-2. Countermeasures

      1. The government of the Republic of Kazakhstan has the right to enter countermeasures in case a foreign state:

      1) does not fulfill obligations to the Republic of Kazakhstan assumed by it under international treaties;

      2) undertakes measures which violate the economic interests of the Republic of Kazakhstan, including measures which unreasonably close to the Kazakhstan goods access to the market of a foreign state or otherwise unreasonably they are discriminated.

      2. The government of the Republic of Kazakhstan according to the conventional principles and rules of international law has the right to enter the countermeasures provided in paragraph 1 of the present article necessary for effective protection of interests of the Republic of Kazakhstan.

      Footnote. Chapter 4 is supplemented with article 18-2 according to the Law of the Republic of Kazakhstan from 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 18-3. Special types of the bans and restrictions

      1. Foreign trade activity can be limited to measures which acceptance is necessary for participation in the international sanctions according to Articles of organization of the United Nations, including measures departing from provisions of article 18 of the present Law.

      2. The measures limiting foreign trade activity, including the measures departing from provisions of article 18 of the present Law can be entered for protection of an external financial position and maintenance of balance of the balance of payments.

      Footnote. Chapter 4 is supplemented with article 18-3 according to the Law of the Republic of Kazakhstan of 27.10.2015 No. 364-V (shall be enforcedafterten calendar days after day of its first official publication).

Article 19. Participation of the Republic of Kazakhstan in the international economic sanctions

      Footnote. Article 19 is excluded by the Law Republic of Kazakhstan from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 20. Exclusive export right and (or) import of separate types of goods

      1. The exclusive export right and (or) import of separate types of goods is carried out on the basis of licensing.

      2. The inventory, for export and (or) import of which the exclusive right is granted and also participants of foreign trade activity to whom the exclusive export right and (or) import of separate types of goods is provided, are approved by authorized body on the basis of offers of the appropriate central public authorities.

      3. It is excluded by the Law of the Republic of Kazakhstan 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication ).
      Footnote. Article 20 in edition of the Law of the Republic of Kazakhstan from 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); with the changes made by the Law RK from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 21. Automatic licensing (observation) of separate types of goods

      Automatic licensing (observation) of separate types of goods is carried out by means of delivery of permissions.

      Footnote. Article 21 in edition of the Law of the Republic of Kazakhstan of 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 22. Application of special protective, anti-dumping and countervailingmeasures

      Conditions and order of application of special protective, anti-dumping and countervailing measures are defined by the legislation of the Republic of Kazakhstan on special protective, anti-dumping and countervailing measures in relation to the third countries.

      Footnote. Article 22 in edition of the Law of the Republic of Kazakhstan from 08.06.2015 No. 317-V (shall be enforced upon expiry of ten calendar days after its first official publication.

Chapter 5. Other types of trade

Article 23. Auction trade

      1. An auction trade for the sale of goods shall be carried out through a public bidding.

      The seller shall determine a starting price based on the market value of the goods at the time of bidding, and the final price shall be determined by the buyer resulting from the auction held.

      2. The procedure for the carrying out of the auction trade shall be regulated by civil legislation of the Republic of Kazakhstan.

Article 24. Trade on commission

      A trade on commission shall be carried out in accordance with Civil legislation of the Republic of Kazakhstan.

Article 25. Trade by orders

      1. A trade by order shall be carried out by providing the seller of information on the basis of advertisement or other means of disseminating information about the goods.

      Sale of goods by orders may also be carried out through the type setting (standard) parcels. Type setting (standard) parcels may comprise the sets of goods of various purposes.

      2. The trade by order shall be carried out through transmit and receive by the subjects of trading activities of orders directly from the buyers, in the places of itinerant trade, by telephone or mail order.

      3. The service fee for receiving and executing the order, payment procedure, and the date of delivery shall be determined in the contract.

      4. Delivery of goods within one locality shall be made hand by hand, and the delivery of goods from other places may also be made by concluding the agreement with the transport or postal organization.

      Where the goods are delivered from other localities the agent of the seller shall receive the payment for goods, and shall make a payment of service fee to the transport or postal organization.

      5. In the event of the failure to accept the order made without breaching the terms of the contract, the customer shall reimburse the seller the service cost resulted from transporting the goods to the customer and back.

Article 26. Cross-border trade

      1. A cross-border trade shall be carried out by individuals and legal entities in the frontier area of the Republic of Kazakhstan and in the border territory of a contagious state.

      2. The procedure of carrying out the cross-border trade shall be determined in accordance with the rules approved by the Government of the Republic of Kazakhstan as well as with the conditions stipulated by the international treaties concluded with the contagious states and ratified by the Republic of Kazakhstan.

Article 27. Itinerant trade

      1. The itinerant trade shall be carried out in order to satisfy the customers’ demands in goods missing in the relevant territory, or in the case of the absence of the trading facilities in the mentioned area.

      2. The subjects of trading activities shall carry out the itinerant trade in specifically designated places determined by the local executive body of the city of republican status, capital, raion, and of the city of the oblast status.

      3. Exit trade is carried out from shop trailers and (or) tents (pavilions).

      Footnote. Article 27 as amended by the Law of the Republic of Kazakhstan No. 400-IVdated 26.01.2011 (shall be enforced upon expiry of thirty calendar days after its first official publication); from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 28. Exhibitions and fair activities

      1. The exhibitions and fair activities shall be performed by means of organizing the exhibitions and fairs for the purposes of market research, assisting in the organization of sale of goods, conclusion of agreements and in order to establish new trade links. The exhibitions and fair activities are connected with the demonstration of product sample.

      2. Where the local executive bodies, individuals and legal entities wish to hold exhibitions and fairs of international and republican status they may do so by having obtained the prior approval of the authorized body of the concept on the exhibition and fair. The concept on the exhibition and fair shall contain information about the alleged organizational and financial resources as well as the information about the potential participants.

      3. Requirements, stipulated in Item 2 these articles, do not extend to the international specialized exhibition.

      4. For achievement of the goal of the activity the legal entity with absolute participation of the state in authorized capital which main object of activity are the organization and holding the international specialized exhibition in the territory of the Republic of Kazakhstan and also postexhibition use of the territory of the international specialized exhibition, performs the following functions:

      1) provides interaction with state bodies at the organization and holding the international specialized exhibition;

      2) provides financing of the actions which are directly connected with the organization and holding the international specialized exhibition and also financing of construction of facilities of the international specialized exhibition, located in the territory of the international specialized exhibition;

      3) other functions provided by the charter of legal entity with absolute participation of the state in authorized capital which main object of activity are the organization and holding the international specialized exhibition in the territory of the Republic of Kazakhstan and also postexhibition use of the territory of the international specialized exhibition.

      5. The organization performing activities for the organization and holding the international specialized exhibition in the territory of the Republic of Kazakhstan except for the organizations specified in point 6 of this article has the right:

      1) to request from the central, local representative and executive bodies information necessary for the organization and holding the international specialized exhibition, except for data which are the state and protected by the law other secret;

      2) to take part in decision making, raising questions of the organization and holding the international specialized exhibition;

      3) to attract citizens of the Republic of Kazakhstan and also the foreigners and persons without citizenship who are legally in the territory of the Republic of Kazakhstan as volunteers to participation in the organization and holding the international specialized exhibition in the territory of the Republic of Kazakhstan on the basis of the non-paid agreements signed with them.

      6. The legal entities in the list of organizations performing activities for design and (or) construction of facilities of the international specialized exhibition in the territory of the Republic of Kazakhstan, approved by the Government of the Republic of Kazakhstan also treat the organizations performing activities for the organization and holding the international specialized exhibition in the territory of the Republic of Kazakhstan.

      7. The taxation of the legal entity with absolute participation of the state in authorized capital which main object of activity are the organization and holding the international specialized exhibition in the territory of the Republic of Kazakhstan and also postexhibition use of the territory of the international specialized exhibition, is performed according to tax laws of the Republic of Kazakhstan.

      Footnote. Article 28 as amended by the Law of the Republic of Kazakhstan No. 400-IVdated 26.01.2011 (shall be enforced upon expiry of thirty calendar days after its first official publication); with the changes made by the Law of the Republic of Kazakhstan from 03.12.2013 No. 151-V (shall be enforced upon expiry of ten calendar days after its first official publication); from 25.12.2017 No. 122-VI (shall be enforced from 01.01.2018).

Article 29. Electronic trading

      1. Electronic trading is performed according to the rules approved by authorized body.

      2. Protection of the rights and legitimate interests of participants of electronic trading is performed according to legal acts of the Republic of Kazakhstan.

      Footnote. Article 29 inedition of the Law of the Republic of Kazakhstan from 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 29-1. Implementation of electronic trading

      1. The seller addressing on its own behalf the offer electronically at implementation of electronic trading is obliged:

      1) to include essential terms of the contract in the offer or to specify an order of their determination and also to include other conditions established by legal acts of the Republic of Kazakhstan;

      2) to provide information on an order of signing of the contract;

      3) to write out the invoice in the order determined by the Code of the Republic of Kazakhstan “On taxes and other obligatory payments in the budget” (Tax code) and also to provide copies of source accounting documents according to the Law of the Republic of Kazakhstan On financial accounting and the financial reporting”.

      2. Payment methods and (or) money transfers according to transactions of electronic trading are performed in the order established by the legislation of the Republic of Kazakhstan on payments and payment service providers.

      3. The intermediary in electronic trading is obliged to provide integrity and confidentiality of information which is contained in information resources.

      4. The intermediary in electronic trading has no right:

      1) to disclose information which is contained in electronic documents or electronic messages;

      2) to transfer to the third parties electronic documents, electronic messages or their copies, including information which is contained in them if other is not provided by the agreement signed by it with other participants of electronic trading or laws of the Republic of Kazakhstan;

      3) to change contents of electronic documents or electronic messages or an order of their use if other is not provided by the agreement signed by him with other participants of electronic trading or laws of the Republic of Kazakhstan.

      5. The seller at implementation of electronic trading will organize storage of electronic information resources, including through the intermediary in electronic trading.

      Footnote. Chapter 5 is supplemented with article 29-1 according to the Law of the Republic of Kazakhstan of 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication); with the change made by the Law of the Republic of Kazakhstan of 26.07.2016 No. 12-VІ (shall be enforced upon expiry of thirty days after its first official publication).

Article 30. Exchange trade in goods

      The exchange trade in goods shall be carried out in accordance with the legislation of the Republic of Kazakhstan on goods exchange.

Chapter 6. Requirements to subjects of trading activities

      Footnote. Chapter 6 as amended by the Law of the Republic of Kazakhstan No. 400-IVdated 26.01.2011 (shall be enforced upon of thirty calendar days after its first official publication).

Article 31. Requirement to subjects of trading activities

      1. The subjects of trading activities while exercising such activities shall be required to:

      1) sell the goods of satisfactory quality, meeting safety requirements;

      2) sell the goods according to the parameters respectively specified in the terms of the public offer, agreements or any other transactions;

      3) provide the buyer with the necessary and accurate information about the quality and the origin of the goods, customer characteristics, guarantee bonds and about the claim procedure, methods and rules of use of the product, its storage, as well as information on the whereabouts and other details of the seller or of the manufacturer (executor) where the claim and attached documents are furnished with the court.

      4) place the control and measuring devices, verified in accordance with the requirements of the State System for Ensuring Uniform Measurement, on the public places of trading activities;

      5) give to the buyer the opportunity to check on his own the characteristics by control and measuring devices where this buyer doubts on the weight and length of the product;

      6) at sales of goods, subject to obligatory confirmation of conformity, in the order established by the legislation of the Republic of Kazakhstan in the field of technical regulation upon the demand of the buyer to show him the certificate of conformity (the copy on forms of the established sample) or the declaration of conformity;

      6-1) upon request of the buyer present to him a declaration of conformity or certificate of conformity or the copy thereof indicating the date of issuance of the said copy, which is certified with seal and signed by the head of the legal entity or a person authorized to sign the documents, or by the individual entrepreneur, who are the suppliers of the goods, when selling the goods that are subject to obligatory conformity assurance as prescribed by the legislation of the Republic of Kazakhstan on technical regulation;

      7) use cash registers with fiscal memory in a manner and in the cases provided for by the tax legislation of the Republic of Kazakhstan;

      8) withdraw from circulation the goods that do not meet the safety requirements and standards set forth in article 32 of the present Law, as well as accept from the buyer the sold goods compensating its cost in accordance with the legislation of the Republic of Kazakhstan;

      9) comply with the instructions of the state authorities which have been brought in in a prescribed manner;

      10) comply with other requirements set forth by the legislation of the Republic of Kazakhstan.

      2. The subjects of trading activities involved in the sale of goods by virtue of organization of trade networks and large trading facilities shall be prohibited from restricting the access of goods to the trade networks and large trading facilities, expressed in an unjustified refusal to conclude the supply agreement or in the conclusion of the agreement that is of discriminatory characteristics and containing the following conditions:

      1) prohibiting to conclude the supply agreements with other subject of trading activities engaged in the similar activities, as well as with other subjects of trading activities on the same or other conditions;

      2) requiring that the subject of trading activities engaged in the supply of goods provided information on the agreements concluded with other subjects of trading activities engaged in the similar activities.

      3. The subjects of trading activities shall be prohibited from violating the maximum permissible retail prices, set forth by the normative legal acts, for staple foods to be established in accordance with paragraph 2 of article 9 of the present Law.

      4. The subjects of trading activities shall bear responsibility under the laws of the Republic of Kazakhstan in the case of violation of paragraphs 2 and 3 of this article.

      5. Where the subject of trading activities involved in the sale of goodsby virtue of organization of trade networks and large trading facilities and the supplier conclude the supply agreement under condition that the payment for the goods be made after certain period of time once the goods transmitted to the subject of trading activities involved in the sale of goodsby virtue of organization of trade networks and large trading facilities, the payment due date of such goods to be stipulated in the said agreement shall be determined according to the following rules:

      1) food products with durability of less than ten calendar days, shall be subject to payment no later than ten working days from the date of transmitting such goods by the subject of trading activities involved in the sale of goods by virtue of organization of trade networks and large trading facilities;

      2) food products with durability of ten calendar days or more produced in the Republic of Kazakhstan, shall be subject to payment no later than thirty calendar days from the date of transmitting such goods by the subject of trading activities involved in the sale of goods by virtue of organization of trade networks and large trading facilities.

      6. Payment for goods within the terms specified in paragraph 5 of this article shall be made upon fulfillment by the subject of trading activities supplying the goods of his obligation to transfer all documentation regarding the goods in accordance with the laws, normative legal acts of the Republic of Kazakhstan or with the agreement.

      Footnote. Article 31 as amended by the Law of the Republic of Kazakhstan No. 36-Vdated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); From 29.10.2015 No. 376-V (shall be enforced from 01.01.2016.

Article 31-1. The requirement to taxpayers – to the individual entrepreneurs and legal entities providing in lease (use) shopping facilities, trade places in shopping facilities including in the trade markets

      1. Individual entrepreneurs and legal entities are obliged to sign written agreements of lease (use) when providing in lease (use) for the term of more than three calendar days within calendar month of shopping facilities, trade places in shopping facilities, including in the trade markets. At the same time are subject to obligatory reflection in lease agreements (use):

      1) a surname, a name, a middle name (at his availability) the physical person tenant;

      2) full name of the tenant – the individual entrepreneur or the legal entity;

      3) number and document date, the physical person tenant proving the identity;

      4) identification number of the tenant;

      5) number (in the presence) and date of signing of the contract of lease (use);

      6) the period of lease (use) with indication of date of its beginning and the termination;

      7) the amount of the rent and (or) the amount of the refunded expenses;

      8) purpose of the shopping facility, trade place in the shopping facility, including in the trade market;

      9) the location of the shopping facility, the trade place in the shopping facility, including in the trade market;

      10) signatures and a seal (at her availability) the lessor and the tenant;

      11) other conditions according to the agreement.

      2. The individual entrepreneurs and legal entities providing in lease (use) shopping facilities, trade places in shopping facilities including in the trade markets, are obliged to keep the register of lease agreements (use) and to represent him to bodies of state revenues as it should be, terms and in a form which are approved by authorized body in the field of ensuring receipts of taxes and other obligatory payments in the budget.

      Footnote. Chapter 6 is supplemented with article 31-1 according to the Law of the Republic of Kazakhstan of 30.06.2010 No. 297-IV (shall be enforced from 01.01.2012); in edition of the Law of the Republic of Kazakhstan of 27.10.2015 No. 364-V (shall be enforced from 01.01.2017).

Article 32. Requirements to goods

      1. On the domestic market of the Republic of Kazakhstan may be traded the goods of satisfactory quality that meet safety requirements, complies with the normative documents and technical specifications approved in a prescribed manner.

      2. Quality of goods shall be supported by the following information:

      1) the trademark of the manufacturer;

      2) the country of origin;

      3) the composition of the product;

      4) nutritional value as to food products;

      5) the date of manufacture;

      6) durability;

      7) an indication of the normative document on standardization;

      8) other information as provided in the normative documents on standardization.

      Information on the abovementioned requirements to the quality of goods shall be contained on the tags, labels, inserts in the Kazakh and Russian languages.

      The goods shall be stored and transported in conditions ensuring its quality integrity and compliance with the safety requirements for the consumption, including the compliance with the prescribed conditions of storage in specially equipped premises and of transportation in vehicles specially designed for such purposes, and where provided for the compliance with such requirements shall be confirmed by recording in the relevant documents.

      3. It shall be prohibited to sell:

      1) the goods that have been seized from circulation;

      2) the goods without special permission that are restrictedly tradable;

      3) the excisable goods that are to be marked in a prescribed manner, but having no excise stamp or accounting and control marks;

      4) the goods that does not conform with the requirements provided for by paragraph 1 of this article;

      4-1) the goods relating to objects of a military or special uniform, a uniform, signs of distinction of the military personnel of Armed Forces, other troops and military formations, the staff of law enforcement, special state bodies according to the list approved by authorized body in coordination with the interested state bodies except for purchases within the state defense order and the Law of the Republic of Kazakhstan "About public procurements";

      4-2) the goods relating to objects of a uniform of bodies of state revenues, except as specified acquisitions of the specified goods according to the Law of the Republic of Kazakhstan "About public procurements";

      4-3) tools of fishing of fish resources and other water animals which use is forbidden by the legislation of the Republic of Kazakhstan;

      4-4) products from saxaul wood during action of prohibition of cabins the saksaulovykh of plantings on sites of the public forest foundation, exceptfor her implementation by the state forest owners according to the forest legislation of the Republic of Kazakhstan;

      5) other goods prohibited for sale under legislation of the Republic of Kazakhstan.

      Footnote. Article 32 with the changes made by Laws of the Republic of Kazakhstan of 27.10.2015 No. 364-V (shall be enforced upon expiry of ten calendar days after its first official publication); of 15.06.2017 No. 73-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 32-1. Rights of the subjects of trading activities

      1. The subjects of trading activities shall have the right to carry out trading activities in accordance with this Law and legislation of the Republic of Kazakhstan.

      2. The subject of trading activities shall, on his own discretion, determine:

      1) the specialization of trade (universal and (or) specialized trade);

      2) range of goods for sale;

      3) work pattern;

      4) prices of traded goods, except for the cases stipulated by article 9 of this Law.

      3. The subject of trading activities may submit with the state authorities the proposals on the improvement of normative legal acts concerning the interests of the subjects of trading activities.

Chapter 7. Final provisions

Article 33. Control over trading activities

      Footnote. Article 33 as amended by the Law of the Republic of Kazakhstan No. 188-IV dated 17.17.2009 (the order of enforcement, See art. 2).

Article 33-1. Control over the restricting of access of the goods to trade networks and large trading facilities

      Control of restriction of access of goods to retail chain stores and large shopping facilities is performed by antimonopoly authority in the order established by the Entrepreneurial code of the Republic of Kazakhstan.

      Footnote. Law is supplemented by Article 33-1 in accordance with the Law of the Republic of Kazakhstan; No. 400-IVdated 26.01.2011 (shall be enforced upon expiry of thirty calendar days after its first official publication); with the changes made by the Law of the Republic of Kazakhstan from 29.10.2015 No. 376-V (shall be enforced from 01.01.2016).
     

Article 33-2. State control over conformity to the amount of maximum permissible retail prices for staple foods

      1. State control over conformity to the amount of maximum permissible retail prices for staple foods shall be carried out in the form of inspection and other forms.

      2. Check is carried out according to the Enterprise code of the Republic of Kazakhstan. Other forms of the state control are carried out according to the present Law.

      3. Other forms of control are aimed at monitoring the conformity of prices to the amount of maximum permissible retail prices for staple foods and shall be carried by visiting the trading facilities.

      4. Other forms of control shall be carried out upon request of the natural and legal persons or by the instructions of akims of the oblast, city of republican status, and of the capital.

      5. Where upon the results of other forms of control the amount of maximum permissible retail prices for staple foods is revealed to be in excess an order to immediately eliminate the revealed violation shall be issued in the form set by the authorized body.

      6. Control of execution of instructions about immediate elimination of the violations revealed by results of other forms of control is carried out by means of the unscheduled inspections which are carried out according to the Enterprise code of the Republic of Kazakhstan.

      Footnote. Law is supplemented by Article 33-2 in accordance with the Law of the Republic of Kazakhstan, No. 400-IVdated 26.01.2011 (shall be enforced upon expiry of thirty calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan, No. 452-IV dated 05.07.2011 (shall be enforced from 13.10.2011); with the changes made by the Law of the Republic of Kazakhstan from 29.10.2015 No. 376-V (shall be enforced from 01.01.2016).

Article 34. Settlement of disputes

      Any dispute arising in the course of the state regulation of trading activities shall be settled in accordance with the legislation of the Republic of Kazakhstan.

Article 35. Responsibility for violating legislation of the Republic of Kazakhstan on trading activities

      Any person guilty of violating the legislation of the Republic of Kazakhstan on trading activities shall bear liability under the laws of the Republic of Kazakhstan.

Article 36. The order of enforcement of this Law

      This Law shall be enforced from the date of its official publication.

      The President
of the Republic of Kazakhstan

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