Unofficial translation
This Law shall define legal basis aimed at functioning of the national standardization system.
Chapter 1. GENERAL PROVISIONS
Article 1. Basic definitions used in this Law
The following basic definitions shall be used in this Law:
1) military national standard - a document on the standardization of products, processes and services, which, for the purposes of a certain and special use, establishes rules, general principles and characteristics for military and double-purpose (application) objects, including containing information relating to the State secrets and limited distribution;
2) manufacturer – an individual or legal entity that produces products for sale;
3) service - an activity aimed at meeting the needs of individuals and legal entities, the results of which have no material expression;
4) Interstate standard - a regional standard adopted by a regional organization for standardization - the Interstate Council for Standardization, Metrology and Certification of the Commonwealth of Independent States;
5) Fundamental national standard - a document on standardization, which establishes the general organizational and methodological provisions of the national standardization system and has a wide scope of application or contains general provisions for a specific field of standardization;
6) Unified State Fund of normative technical documents - a publicly accessible state information resource containing regulatory technical documents, documents on standardization (except for military national standards and standards of organizations), as well as information about them, except for information constituting state secrets and other secrets protected by law, formed in the manner established by the legislation of the Republic of Kazakhstan in the field of standardization;
7) interrelated standards - national standards and (or) interstate standards that ensure compliance with the requirements established by technical regulations;
8) products - the result of activity, presented in a material and physical form and intended for further use in economic and other purposes;
9) product life cycle - the processes of designing, producing, operating or consuming, storing, transporting, selling, destroying and disposing of products;
10) regional standard - a standardization document adopted by a regional standardization organization;
11) process - a set of interrelated and sequential actions (works) to achieve any given result, including the stages of the product life cycle;
12) official publication - a printed or electronic text of a standardization document (except for military national standards and standards of organizations) with a national standardization mark applied, issued by Unified State Fund of regulatory technical documents;
13) information index of standards - periodically issued index, which contains information about the adopted standardization documents, amendments to them, as well as dates of entry into force and additional information;
14) standardization – an activity aimed at ensuring the safety and quality of standardization objects and the achievement of an optimal degree of requirements regulating for standardization objects through the establishment of provisions for universal, multiple use in relation to actual and potential tasks;
15) standardization document - a document establishing the norms, rules, characteristics, principles relating to various types of activity in the field of standardization or its results;
16) standardization documents update - the process of maintaining standardization documents update by introducing changes adopted in the established order, information on the terms of their operation, revision, restriction or cancellation;
17) standardization documents catalog - an information resource containing information on national, interstate standards and national classifiers of technical and economic information;
18) regional organization for standardization - an organization on standardization whose participation in activities is open to one region: geographical or economic;
19) technical committee for standardization - a consultative and advisory authority established in sectors of the economy on a voluntary basis to carry out activities in the field of standardization and participate in the creation of a national standardization system on the fixed standardization objects or areas of activity;
20) basic organization of technical committee for standardization - the organization on the basis of which the technical committee on standardization is established and functions;
21) technical expert for standardization - an individual that participates in standardization activity, field, has special knowledge in relation to standardization object and complies with the characteristics established by this Law;
22) recommendations for standardization - a standardization document containing information of an organizational and methodological nature concerning the conduct of work on standardization and (or) ensuring the uniformity of measurements and confirmation of conformity;
23) International Organization for Standardization - an organization for standardization whose membership is open to any country;
24) Foreign organization for standardization - an organization for standardization recognized at the national level of a foreign state as carrying out activity in the field of standardization;
25) activity in the field of standardization - planning, development, approval, registration, accounting, publication, distribution, application, monitoring and standardization documents updating;
26) Authorized Agency in the field of standardization (hereinafter - Authorized Agency) is the Central Executive Agency that exercising leadership in the field of standardization;
27) distribution - provision or sale of official publications and (or) their copies on the basis of relevant requests from individuals and legal entities in the manner determined by this Law;
28) technical and economic information classifiers - standardization documents, which are systematized collection of codes and names of classification groups of technical and economic information objects, which include national classifiers of technical and economic information, technical and economic information classifiers of international organizations for standardization, technical and economic information classifiers of regional organizations for standardization and technical and economic information classifiers of foreign States;
29) depository of technical and economic information classifiers (hereinafter - depositary) - a specialized fund representing a set of technical and economic information classifiers that are interdepartmental in nature, ensuring their formation, accounting, storage, updating, informational and regulatory support in the interests of the depositary users;
30) organization standard - a standardization document adopted by an organization independently for the realization of its goals;
31) national standard - a standardization document approved by the Authorized Agency, accessible to a wide range of users;
32) national standardization mark - a mark used for marking documents developed and applied in the national standardization system;
33) national standardization system - a set of subjects and their relations in the process of carrying out activities in the field of standardization, as well as standardization documents and regulatory technical documents that are objects of a publicly available state information resource;
34) National standardization system register - an electronic database where a systematic accounting of national standards, national classifiers of technical and economic information, recommendations for standardization, technical committees for standardization are carried out;
35) harmonization – the activity for creation of conditions for the introduction and use in the national interests of international and regional standards, reflecting the latest achievements in science and engineering and defining modern requirements for the level of quality and competitiveness of objects of standardization;
36) International standard - a standardization document adopted by an international organization for standardization, accessible to a wide range of users;
37) Foreign state standard - a standardization document adopted by a National Standardization Agency of a foreign state or an organization of a foreign State;
38) Standardization subjects of foreign states - State Agencies, individuals or legal entities authorized to represent the interests of their countries in the field of standardization.
Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 30.12.2020 No. 397-VI (shall come into effect six months after the day of its first official publication).Article 2. Legislation of the Republic of Kazakhstan in the field of standardization
1. The legislation of the Republic of Kazakhstan in the field of standardization shall be based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. If an international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, the rules of the international treaty shall apply.
Article 3. Scope of regulation of this Law
1. This Law shall regulate relations related to activity in the field of standardization.
2. The objects of standardization shall be products, processes and services subject to or subjected to standardization.
3. The subjects of the national standardization system shall be State Agencies, as well as individuals and legal entities carrying out activity in the field of standardization.
Article 4. Standardization objectives
The standardization objectives shall be:
1) improving the competitiveness of domestic products, processes and services;
2) saving natural and energy resources;
3) ensuring national security and socio-economic development of the state;
4) improving the safety and quality of products, processes and services;
5) elimination of technical barriers to trade to create conditions for integration into the international standardization system;
6) prevention of actions misleading consumers regarding the safety and quality of products, processes and services;
7) support for the effective implementation of innovations and the development of high-tech industries, as well as the promotion of technology transfer and best laboratory practices;
8) creating conditions for improving the safety and quality of life of the population.
Article 5. Standardization principles
Standardization in the Republic of Kazakhstan shall be based on the principles of:
1) voluntariness:
choice to apply standardization documents, unless otherwise established by the legislation of the Republic of Kazakhstan;
participation in the standardization activity, field of all interested parties;
choice of interconnected standards;
2) unity and integrity of the national standardization system;
3) ensuring the consistency and comprehensiveness of standardization;
4) application of uniform terminology to objects of standardization;
5) openness of the process of developing national standards based on the participation of all interested parties;
6) openness of information on standardization documents, the procedure for their development, approval and publication to users and other interested parties, with the exception of standardization documents that constitute state secrets or other secrets protected by law, and standardization documents that are object to copyright;
7) use of achievement of science and engineering, as well as international, regional standards, standards of foreign States in the development of standardization documents;
8) dynamic and advanced development of standardization.
Article 6. Regulation in the field of standardization of military and double-purpose (application) of products, processes and services
The procedure for developing, agreeing, approving, registering, recording, changing, revising, canceling and enacting military national standards used for the needs of the Armed Forces of the Republic of Kazakhstan, other troops and military formations is determined by the authorized body in the field of the defense industry and the state defense order.
Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 18.03.2019 No. 237-VI (shall be enforced from 01.01.2020).Chapter 2. NATIONAL STANDARDIZATION SYSTEM
Article 7. The structure of the national standardization system
The structure of the national standardization system consists of:
1) Government of the Republic of Kazakhstan;
2) Authorized Agency;
3) State Agencies within their competence;
4) National Standardization Agency;
5) Technical Committees for Standardization;
6) Technical experts on standardization;
7) Individuals and legal entities.
Article 8. Competence of the Government of the Republic of Kazakhstan in the field of standardization
Government of the Republic of Kazakhstan shall:
1) develop the main directions of the state policy in the field of standardization and organize their implementation;
2) determine the National Standardization Agency;
3) excluded by the Law of the Republic of Kazakhstan dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication).Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication).
Article 9. Competence of the Authorized Agency
The competence of the Authorized Agency includes:
1) formation and implementation of the state policy in the field of standardization and organization of its implementation;
2) carrying out of inter-sectoral coordination of the activity of state agencies, individuals and legal entities in the field of standardization;
3) submission of a representation to the Government of the Republic of Kazakhstan to determine the national standardization agency;
4) representation of the interests of the Republic of Kazakhstan in the International and regional standardization organizations;
5) determination the procedure for developing a national standardization plan;
6) approval of the national standardization plan;
7) approval of national standards (except for military national standards), national classifiers of technical and economic information, recommendations for standardization, as well as changes to them;
8) determination the procedure for the development, coordination, examination, approval, registration, accounting, change, revision, cancellation and inaction of national standards (except for military national standards), national technical and economic information classifiers and recommendations for standardization;
9) determination the procedure for the formation, maintenance and support for the Unified State Fund of regulatory technical documents, as well as distribution of copies of regulatory technical documents, official publications;
9-1) organization and coordination of the work of the unified state fund of regulatory technical documents;
10) determination the procedure for creating and maintaining a depository of technical and economic information classifiers;
11) determination the procedure for the application of national, interstate standards and national classifiers of technical and economic information in regulatory legal acts;
12) determination of the procedure for the application of international, regional standards (including approval, enactment and cancellation of interstate standards on the territory of the Republic of Kazakhstan) and standards of foreign states, classifiers of the technical and economic information of international organizations for standardization, classifiers of technical and economic information, rules and recommendations for standardization of regional organizations for standardization, classifiers of technical and economic information, rules, norms and recommendations for standardization of foreign states;
13) determination the procedure for creating, operating and liquidating technical committees for standardization;
14) excluded by the Law of the Republic of Kazakhstan dated 30.12.2020 No. 397-VI (shall come into effect six months after the day of its first official publication);15) organization of analysis and development of national standards (except for military national standards) and interstate standards;
16) work on the inclusion of national standards in the lists of standards to the relevant technical regulations of the Eurasian Economic Union;
17) exercising 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. Article 9 as amended by the Law of the Republic of Kazakhstan dated 30.12.2020 No. 397-VI (shall come into effect six months after the day of its first official publication); dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication).Article 10. Competence of State Agencies in the field of standardization
The State Agencies in the field of standardization, within their competence shall carry out:
1) preparation and submission of proposals on the development, amendment, revision and cancellation of national, interstate standards, national classifiers of technical and economic information, recommendations for standardization to the Authorized Agency in the manner established by the legislation of the Republic of Kazakhstan;
2) development of national standards and national classifiers of technical and economic information in coordination with the Authorized Agency;
3) consideration of draft standardization documents and national standardization plan;
4) preparation of proposals for the establishment of technical committees for standardization;
5) participation in the operation of Technical Committees for Standardization and the National Agency for Standardization, International organizations for standardization;
6) 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.
Article 11. National Standardization Agency
1. The national standardization body shall be a state legal entity.
2. To carry out its activity, the National Standardization Agency must have:
1) agreements with international, regional and foreign organizations on for standardization for the distribution and application of standardization documents;
2) experience in the development of national and interstate standards, examination of draft standardization documents;
3) experience in analyzing and systematizing standardization documents by industry.
3. The activity of the National Standardization Agency shall be aimed at implementing a mechanism for coordinated interaction of the subjects of the national standardization system in order to create conditions for the development of competitiveness of domestic products, processes and services and their free access to the internal and external markets, national security and socio-economic development of the State.
4. The National Standardization Agency within its competence shall carry out:
1) development of fundamental national standards, national and interstate standards included in the lists of standards for technical regulations as interrelated, and recommendations for standardization;
1-1) registration of national standards (except for military national standards), national classifiers of technical and economic information and recommendations for standardization;
2) conducting and (or) participating in research in the field of standardization;
3) analysis and systematization of draft technical regulations, technical regulations, standardization documents;
4) provision of innovative and investment projects aimed at the production of products with enhanced safety indicators, corresponding national standards through their development;
5) formation of the national standardization plan, as well as the introduction of changes and (or) additions to it;
6) examination of draft standardization documents;
7) formation, maintenance and support of the Unified State Fund of normative technical documents, the system of cataloging standardization documents;
8) maintaining the register of the national standardization system;
9) cooperation with international, regional, foreign organizations for standardization, including the exchange of information, distribution and application of international, regional standards and standards of foreign states in the territory of the Republic of Kazakhstan;
10) participation in the official issue, distribution and publication of regulatory technical documents and standardization documents (except for military national standards and standards of organizations), as well as information indexes of standards and catalogs;
11) creation, coordination of activity and liquidation of Technical Committees for Standardization, updating the composition of Technical Committees for Standardization and objects of standardization assigned to Technical Committees for Standardization;
11-1) coordination of monitoring in the field of standardization;
12) participation in the organization of training and advanced training in the field of Standardization.
Footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 30.12.2020 No. 397-VI (shall come into effect six months after the day of its first official publication); dated 27.12. 2021 No. 87-VII (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Article 12. Technical Committees for Standardization
1. Technical Committees for Standardization shall be created in sectors of economy based on the principle of voluntary participation of the subjects of the national standardization system.
2. Technical Committees for Standardization:
1) participate in the development of standardization documents and develop them;
2) organize a technical discussion of the content of draft national standards in accordance with a fixed area of activity with members of Technical Committee for Standardization;
3) make proposals for the formation of a national standardization plan;
4) send requests to the State Agencies, legal entities or individuals on matters within their competence, on behalf of the basic organization;
5) participate in standardization research;
6) participate in the work of Technical Committees on Standardization, international and regional organizations for standardization;
7) carry out other powers provided by the legislation of the Republic of Kazakhstan in the field of standardization.
3. The Technical Committee for Standardization includes representatives of interested subjects of the national standardization system of the relevant sector (sphere).
4. Applicants for the establishment of a Technical Committee for Standardization may be interested subjects of the national standardization system of the relevant sector (sphere).
5. Information and analytical and organizational support for the activity of Technical Committee for Standardization shall be provided by its basic organization.
Article 13. Technical experts for standardization
1. Technical experts for standardization shall be involved in standardization activity and may represent the interests of the organization.
2. The competence of technical experts for standardization shall include:
1) participation in the implementation of State policy in the field of standardization;
2) participation in the development and examination of regulatory legal acts in the field of technical regulation and standardization, standardization documents;
3) participation in the work of Technical Committees for Standardization;
4) participation in standardization research;
5) participation in the formation of national standardization plan;
6) performance of other functions established by the legislation of the Republic of Kazakhstan in the field of standardization.
3. Organizations identify technical experts for standardization based on one of the following characteristics:
1) availability of professional technical education and knowledge of the object of standardization;
2) experience in the field of standardization.
Article 14. Unified State Fund of regulatory technical documents
1. The Unified State Fund of regulatory technical documents operates in accordance with the legislation of the Republic of Kazakhstan in the field of standardization.
2. State Agencies, their subordinate organizations shall submit one copy of a regulatory technical document approved by them, as well as information on acceptance, amendment, and cancellation of each regulatory technical document to the National Standardization Agency to form a unified information system.
3. Formation, maintenance and support of the Unified State Fund of regulatory technical documents shall include:
1) acquisition and storage of regulatory technical documents;
2) acquisition, storage and updating of standardization documents (except for military national standards and standards of organizations);
3) submission of copies of regulatory technical documents, as well as information about them, contained in the Unified State Fund of regulatory technical documents;
4) support and expansion of information systems of the Unified State Fund of regulatory technical documents, the system of cataloging standardization documents.
4. Distribution of official publications of standardization documents (except for military national standards and standards of organizations) shall be carried out through the Unified State Fund of regulatory technical documents.
Official publications of national standards shall be distributed free of charge, except for military national standards, interstate standards adopted in the territory of the Republic of Kazakhstan as national standards, and national standards adopted on the basis of international, regional standards and standards of foreign states.
5. Distribution of standardization documents and their copies shall be subject to copyright.
Article 15. The rights of individuals and legal entities in the field of standardization
Individuals and legal entities shall have the right, taking into account their economic and professional needs, to organize and carry out activity in the field of standardization in their respective fields (spheres), in particular:
1) to participate in the development of regulatory legal acts of the Republic of Kazakhstan in the field of standardization;
2) to participate in the development, monitoring, revision, cancellation and updating of standardization documents;
3) to send requests to the Authorized Agency, National Agency for Standardization, Technical Committees for Standardization on matters relating to the field of standardization;
4) to participate in the activity of Technical Committees for Standardization;
5) to develop and introduce documents on standardization, unless otherwise established by the legislation of the Republic of Kazakhstan;
6) to create relevant units and services for standardization;
7) to participate in standardization research;
8) to exercise other powers provided by the legislation of the Republic of Kazakhstan in the field of standardization.
Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 18.03.2019 No. 237-VI (shall be enforced from 01.01.2020).Chapter 3. STANDARDIZATION DOCUMENTS
Article 16. Types of standardization documents
1. The standardization documents include:
1) international standards, technical and economic information classifiers of international organizations for standardization;
2) regional standards, technical and economic information classifiers, rules and recommendations for standardization of regional organizations for standardization;
3) national standards and national classifiers of technical and economic information;
4) recommendations for standardization;
5) standards, technical and economic information classifiers, rules, regulations and recommendations for standardization of foreign states;
6) standards of organizations.
2. Standardization documents, according to which standardization objects shall be issued in circulation in the territory of the Republic of Kazakhstan, shall not contradict the legislation of the Republic of Kazakhstan in the field of standardization.
Footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 30.12.2020 No. 397-VI (shall come into effect six months after the day of its first official publication).Article 17. National standards
1. National standards shall be developed for the standardization purposes provided by this Law.
2. National standards shall be divided into:
1) fundamental national standards;
2) national standards for products, processes and services, methods for monitoring products, processes and services;
3) military national standards.
3. National standards may establish:
1) classification of products, services;
2) indicators of unification, compatibility and interchangeability of products;
3) terms and definitions;
4) consumer properties and characteristics of products and services that determine their level of quality, including functional use indicators;
5) rules for the production, processing, acceptance, packaging, labeling, transportation, storage, sale, disposal and destruction of products;
6) methods for testing the quality and safety of products and services;
7) requirements for conservation and rational use of all types of resources;
8) requirements for organization of production, ensuring the implementation of management systems;
9) provisions of organizational and methodological nature for a specific field of activity, as well as general technical norms and rules.
Article 18. National classifiers of technical and economic information
1. Technical and economic information used in economic sectors and requiring accounting shall be subject to classification and coding through the approval of technical and economic information classifiers.
2. Development of national classifiers of technical and economic information shall be carried out on its own initiative or in accordance with the national standardization plan.
Article 19. Standards of organizations
1. Standards of organizations shall be developed for products, processes or services and shall not be subject to accounting and registration in the registry of the national standardization system.
Standards of organizations can be adopted in the form of technical conditions, including those containing technical requirements for products.
2. Standards of organizations shall be accepted by:
1) one organization;
2) industry association (non-governmental);
3) consortium;
4) self-regulatory organization.
3. Standards of organizations shall be transferred for use only with the permission of the organization - holder of the original of the relevant standard.
4. The procedure for developing, adopting, registering, accounting, changing, revising, canceling, publishing, distributing, applying the standards of organizations shall be determined by the organization.
5. It shall not be allowed to finance the development of standards of organizations at the expense of the republican or local budgets.
Article 20. Recommendations for standardization
Recommendations on standardization contain voluntary for application organizational and methodological provisions relating to the work for standardization, as well as ensuring the uniformity of measurements and confirmation of conformity, promoting the application of the relevant national standard, or provisions that advisable to pre-test in practice before they shall be established in the national standard.
Chapter 4. THE ORDER OF DEVELOPMENT STANDARDIZATION DOCUMENTS
Article 21. The planning of works for standardization
1. Planning of standardization work shall be carried out annually taking into account the strategic goals and directions of development of the national standardization system.
The planning of works for standardization shall meet the main directions of the socio-economic development of the Republic of Kazakhstan, take into account the results of researches and the requirements established by the regulatory legal acts of the Republic of Kazakhstan.
The planning of works for standardization shall be carried out in the form of the national standardization plan.
During the validity period of the national standardization plan, amendments and (or) additions may be made to it according to the proposals of the subjects of the national standardization system.
2. The national standardization plan shall be formed on the basis of:
1) proposals of State Agencies, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, accredited associations of private entrepreneurship subjects and other interested parties;
2) work plans of Technical Committees for Standardization;
3) expanding the list of interrelated standards for technical regulations, taking into account the preliminary analysis of existing standardization documents and the need to develop national standards;
4) results of monitoring in the field of standardization;
5) other sources that meet the main directions of the socio-economic development of the Republic of Kazakhstan.
3. Action of this article shall not apply to the planning of international, regional standards (except for interstate standards), military national standards, standards of organizations, and also standards of foreign states.
4. excluded by the Law of the Republic of Kazakhstan dated 30.12.2020 No. 397-VI (shall come into effect six months after the day of its first official publication).Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 30.12.2020 No. 397-VI (shall come into effect six months after the day of its first official publication).
Article 22. Development and approval of national standards
1. The development of national standards shall be carried out in accordance with the national standardization plan and (or) in an initiative order.
2. National standards shall be developed taking into account:
1) the results of research (testing) and measurements;
2) international, regional standards, standards of organizations, standards of foreign states and other documents establishing requirements for the object of standardization;
3) acquired practical experience in applying new types of products, processes and services.
The period of the development of national standards developed on the basis of research and measurement shall not exceed three years.
3. The development of national standards shall be carried out by interested subjects of the national standardization system.
The development of fundamental national standards, national and interstate standards included in the lists of standards for technical regulations as interconnected, funded by budgetary funds shall be carried out by the national standardization agency.
4. Notifications on the beginning and completion of the development of national standards, as well as drafts of national standards shall be posted on the Internet resource of the national standardization agency.
Public discussion of the draft national standards on the Internet resource of the national standardization agency shall be carried out within sixty calendar days.
5. Before approving the national standard, the developer submits his project to the national standardization agency for examination.
A prerequisite for the approval of national standards in the manner determined by the Authorized Agency shall be to achieve consensus, except for the national standards affecting the safety of objects of standardization.
The decision on the approval of national standards affecting the safety of objects of standardization shall be taken by the Authorized Agency in consultation with the interested State Agency.
6. During the public discussion period, draft national standards shall be subject to compulsory technical discussion in the relevant Technical Committee for Standardization, and in case of its absence - in the national standardization agency.
7. The provisions of paragraphs 1, 3, 4, 5 and 6 of this Article shall not apply to the development of national military standards.
Article 23. Amendment and cancellation of national standards
1. The amendments to national standards shall be made when replacing, supplementing or excluding individual requirements, extending, limiting or restoring their actions, introducing new requirements and harmonizing with international standards that shall not entail violation of the requirements of interchangeability and compatibility of new products with products manufactured according to current national standard.
2. The procedures for amending national standards shall be established by the Authorized Agency.
3. The grounds for the cancellation of national standards shall be:
1) contradiction to the requirements of the legislation of the Republic of Kazakhstan;
2) introduction of a new national standard instead of the current one;
3) adoption of interstate standards in the territory of the Republic of Kazakhstan;
4) loss of relevance of the application of the national standard.
4. When the national standard shall be cancelled, persons initiating the cancellation of the national standard shall submit a proposal to the Authorized Agency.
5. The provisions of paragraphs 1, 2, 3 and 4 of this Article shall not apply to the amendments and cancellation of military national standards.
Article 24. Development and approval of national classifiers of technical and economic information
1. Notifications on the beginning and completion of the development of national classifiers of technical and economic information, as well as draft of national classifiers of technical and economic information shall be posted on the Internet resource of the National Standardization Agency.
A public discussion of the draft national classifiers of technical and economic information on the Internet resource of the National Standardization Agency shall be carried out within sixty calendar days.
2. Before approving the national classifier of technical and economic information, the developer submits his project for examination to the National Standardization Agency.
3. After the approval and registration in the registry of the national standardization system, national classifiers of technical and economic information shall be transferred by the Authorized Agency to the depository for storage.
Article 25. Registration of national standards, national classifications of technical and economic information, recommendations for standardization
National standards, national classifiers of technical and economic information, recommendations on standardization shall be subject to compulsory registration.
Chapter 5. APPLICATION OF STANDARDIZATION DOCUMENTS
Article 26. Application of standardization documents
1. National, interstate standards and national classifiers of technical and economic information shall be compulsory for application, if there be indications about this in the legislation of the Republic of Kazakhstan.
In order to fulfill the requirements of technical regulations and assessment compliance with the requirements of technical regulations on a voluntary basis, the interrelated standards shall be applied in terms of choice.
Non-application of interrelated standards cannot be considered as non-compliance with the requirements of technical regulations.
In case of non- application of interrelated standards included in the lists of standards for technical regulations, conformity assessment shall be carried out on the basis of risk analysis.
References to the standards of organizations cannot be applied in regulatory legal acts.
2. Standardization documents shall be applied on a voluntary basis regardless of the country and place of origin of objects of standardization, unless otherwise established by the legislation of the Republic of Kazakhstan in the field of standardization.
3. If the subject of the national standardization system has voluntarily declared that the standardization object corresponds to the standardization document, including if the standardization document shall be used in labeling, in operational or other documentation, and if the standardization object shall be voluntarily certified for compliance standardization document, the requirements of document standardization for it shall become compulsory.
4. The application of standardization documents by individuals and legal entities shall be subject to copyright.
Article 27. Application of international, regional standards and standards of foreign States
1. International, regional standards and standards of foreign states shall be applied to the territory of the Republic of Kazakhstan by adopting them as national and interstate standards.
Subjects of the national standardization system may directly apply international, regional standards and standards of foreign states to achieve the goals of organizations, taking into account the requirements of paragraph 2 of Article 16 of this Law and paragraph 2 of this Article, by sending a notification to the national standardization body.
2. One of the necessary conditions for the application of international, regional standards and standards of foreign states shall be:
1) membership of the Republic of Kazakhstan in international and regional organizations for standardization, metrology and accreditation;
2) availability of international treaties of the Republic of Kazakhstan on cooperation in the field of standardization;
3) availability of the contract between the National Standardization Agency and international, regional, foreign organization on cooperation in the field of standardization;
4) compliance with the requirements of original holders for the application of international, regional standards and standards of foreign States.
Footnote. Article 27 as amended by the Law of the Republic of Kazakhstan dated 30.12.2020 No. 397-VI (shall come into effect six months after the day of its first official publication).Article 28. Monitoring in the field of standardization
1. Monitoring in the field of standardization shall be carried out annually:
1) Technical Committees for Standardization on fixed objects of standardization;
2) National Standardization Agency;
3) State Agencies within the competence.
2. Monitoring in the field of standardization includes:
1) analysis of the scientific and technical level of national standards (except for military national standards);
2) analysis of the compliance of national standards (except for military national standards) to the existing technical regulations;
3) analysis of the provision of national standards (except for military national standards) in various sectors of the economy.
3. The results of monitoring, drawn up in the form of proposals, shall be sent to the National Standardization Agency following the results of the half year.
Based on the results of the analysis of proposals received, the National Standardization Agency initiates the development of national standards (except for military national standards), revision of existing national standards (except for military national standards), cancellation of national standards (except for military national standards), or amendments to them.
Chapter 6. CATALOGING SYSTEM OF STANDARDIZATION DOCUMENTS AND
INFORMATION SUPPORT
Article 29. Cataloging system of standardization documents
1. The cataloging system of standardization documents shall function in order to provide interested subjects of the national standardization system with information on national, interstate standards, national classifiers of technical and economic information by sectors of the economy.
2. The cataloging system of standardization documents shall include:
1) formation and maintenance of information catalogs of national standards and national classifiers of technical and economic information;
2) formation and maintenance of information catalogs of interstate standards;
3) formation of a catalog of canceled, replaced and not entered into force interstate standards;
4) formation and maintenance of periodic information indexes.
Article 30. Information support in the field of standardization
Information support in the field of standardization shall be carried out by:
1) placement of information on standardization documents;
2) distribution of regulatory technical documents, official publications and their copies;
3) publication of national standards (except for military national standards), national classifiers of technical and economic information, and recommendations for standardization.
Article 30-1. Explanation of national standards
Explanation of national standards shall be carried out by the subjects of the national standardization system developing them.
Footnote. Chapter 6 supplemented by Article 30-1 in accordance with the Law of the Republic of Kazakhstan dated 30.12.2020 No. 397-VI (shall come into effect six months after the day of its first official publication).Article 31. Placement of information on standardization documents
1. Placement of information on standardization documents (except for military national standards, standards of organizations) shall be carried out through their compulsory publication on the Internet resource of the National Standardization Agency and in monthly and annual information indexes of standards.
2. Information on the standardization document shall include:
1) name;
2) scope;
3) date and number of the decision on approval, amendment and cancellation;
4) information about the developer.
Article 32. Publication
The national standards, national classifiers of technical and economic information and recommendations for standardization shall be subject to publication.
The publication shall be carried out by placing the texts of standardization documents on the Internet resource of the National Agency for Standardization.
Article 33. National standardization mark
1. The national standardization mark shall be printed and electronic publications of national (except for military national standards), interstate standards and recommendations for standardization, as well as informational indexes of standards and catalogs of standardization documents.
2. The image of the national standardization mark, its technical requirements and the labeling procedure shall be established by the national standard.
Chapter 7. INTERNATIONAL AND REGIONAL COOPERATION IN THE FIELD OF STANDARDIZATION
Article 34. International and regional cooperation in the field of standardization
1. International and regional cooperation in the field of standardization shall be carried out in accordance with this Law and international treaties of the Republic of Kazakhstan.
2. International cooperation shall include the cooperation of the subjects of the national standardization system with international standardization organizations and standardization subjects of foreign States.
3. Regional cooperation shall include the cooperation of the subjects of the national standardization system with regional standardization organizations.
4. The National Standardization Agency shall coordinate the participation of the subjects of the national standardization system in the development of international and regional standards.
Chapter 8. FINAL AND TRANSITIONAL PROVISIONS
Article 35. Sources for financing of standardization activity
1. Financing of standardization activity shall be carried out in the manner established by the legislation of the Republic of Kazakhstan.
2. Financing of standardization activity shall be carried out by:
1) budget funds;
2) funds of organizations;
3) voluntary contributions of individuals and legal entities;
4) other sources that shall not contradict the legislation of the Republic of Kazakhstan.
At the expense of budgetary funds, it shall be allowed to develop fundamental national standards, national and interstate standards included in the lists of standards for technical regulations as interrelated, national standards developed in the implementation of state programs, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan, national standards and national classifiers of technical-economic information, for application in normative legal acts. Other types of standardization documents shall be developed at the expense of other sources of funding.
Footnote. Article 35 as amended by the Law of the Republic of Kazakhstan dated 30.12.2020 No. 397-VI (shall come into effect six months after the day of its first official publication).Article 36. Responsibility for violation of the legislation of the Republic of Kazakhstan in the field of standardization
Violation of the legislation of the Republic of Kazakhstan in the field of standardization shall be punishable that established by the Laws of the Republic of Kazakhstan.
Article 37. Transitional provisions
Preliminary national standards and non-governmental standards may be adopted as national standards within twelve months after the enforcement of this Law.
Article 38. The procedure for the enforcement of this Law
This Law shall be enforced upon expiry of six months after its first official publication.
| The President | |
| of the Republic of Kazakhstan | N. NAZARBAYEV |
