Unofficial translation
This Law governs the relations arising in the process of production and turnover of ethyl alcohol and alcohol products, state regulation and implementation of the activity of entities involved in the production and turnover of ethyl alcohol and alcohol products.
Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) turnover - export, import, purchase, storage, wholesale and retail sales;
Subparagraph 2) is provided for in a new version by the Law of the Republic of Kazakhstan dated December 30, 2020 No. 397-VI (shall be enforced from January 1, 2024).2) alcohol products - food products with the volume fraction of ethyl alcohol of more than one and a half percent, produced using ethyl alcohol from food raw materials and (or) alcohol-containing food products, except for alcohol-containing medical products, registered as a medicinal product in accordance with the healthcare legislation of the Republic of Kazakhstan;
3) retail sale of alcoholic products - sale of alcoholic products for their further consumption or non-commercial use, carried out in stationary premises equipped with a trading floor, and in the territories of restaurants, bars and cafes, as well as on passenger aircraft, passenger ships of sea transport, in restaurant cars of passenger trains equipped with a cash register with fiscal memory;
4) wholesale sales of alcohol products – the release of alcohol products from storage facilities at the address specified in a license, without limitation of volumes;
Subparagraph 4-1) is provided for in a new version by the Law of the Republic of Kazakhstan dated December 30, 2020 No. 397-VI (shall be enforced from January 1, 2024).4-1) personal identification number-code - identification number assigned to produced and imported ethyl alcohol and alcohol products (except for beer and beer-based beverage);
5) relocation – the change of the location of ethyl alcohol and (or) alcohol products in space, except for the change of location inside fixed production and (or) storage facilities located at one and the same address;
6) combined polymer packaging - consumer packaging made from combined polymeric materials, the inner surface of which is made of food-grade polymeric material;
7) control metering devices - devices equipped with uninterruptible power supplies that provide automated transmission through the operator of data from control metering devices in the sphere of production of ethyl alcohol and alcoholic products to the authorized body and its territorial subdivisions in real time, of data on the volumes of production of ethyl alcohol and alcoholic products, concentration of ethyl alcohol in it (except for wine and brewing products), ethyl alcohol residues (except for brewing products) and identification of inventory-control stamps of the produced alcoholic products subject to marking with inventory-control stamps, and the volume of electricity consumed in the production of vodkas, special vodkas and vodkas with a protected designation of origin;
7-1) identifiers of inventory-control stamps – software-based devices identifying inventory-control stamps for alcohol products and transmitting identification data to the authorized body and its territorial divisions online, with access to information resources of the authorized body;
Subparagraph 8) is provided for in a new version by the Law of the Republic of Kazakhstan dated December 30, 2020 No. 397-VI (shall be enforced from January 1, 2024).8) accounting and control stamp - a special one-time label with the necessary security elements of the established form and content, containing information intended to identify alcoholic products (except for bulk wine (wine material), beer and beer drink) for the purpose of accounting and control over its turnover (except export);
Subparagraph 9) is provided for to be excluded by the Law of the Republic of Kazakhstan dated December 30, 2020 No. 397-VI (shall be enforced from January 1, 2024)9) cognac spirit - a wine distillate with a volume fraction of ethyl alcohol from 55.0 to 70.0 percent, made by fractional distillation of table wine in bulk (wine material) with a volume fraction of ethyl alcohol of at least 7.5 percent and which was in constant contact with oak wood during the entire aging period or not in contact with oak wood;
10) tin containers - consumer packaging of special tin, the inner surface of which consists of food material;
11) warehouses - specialized fixed premises and (or) sites (for the storage of ethyl alcohol), intended solely for the storage, acceptance and release of ethyl alcohol and (or) alcohol products meeting qualification requirements;
Subparagraph 12) is provided for to be excluded by the Law of the Republic of Kazakhstan dated December 30, 2020 No. 397-VI (shall be enforced from January 1, 2024)12) alcohol-containing food products - food products with the volume fraction of ethyl alcohol over 1.5%, produced from food raw materials;
13) production passport - the main document regulating the use of existing equipment, observance of the production process, establishing the norms of consumption of main raw materials, ingredients, auxiliary materials and the yield of finished products, by-products, as well as the norms of production losses;
14) plastic container - consumer packaging on the basis of polyethylene, polystyrene and other polymeric material;
15) storage - placement (storage) of ethyl alcohol and (or) alcohol products for further wholesale or retail sale;
16) identification - a procedure ensuring unambiguous recognition, establishment of full compliance of certain products among similar ones by distinctive properties and characteristics in the field of production and turnover, use;
17) stationary premises - capital buildings, structures or their part, provided with water supply, energy supply and sewerage systems, having a foundation, and the movement of which is impossible without damaging their supporting structure. In this Law, passenger aircraft, passenger ships of sea transport, restaurant cars of passenger trains are equated to stationary premises;
18) anhydrous alcohol – 100% alcohol or absolute alcohol not containing water, used as a conventional term in calculations;
Subparagraph 18-1) is provided for in a new edition by the Law of the Republic of Kazakhstan dated December 30, 2020 No. 397-VI (shall be enforced from January 1, 2024).18-1) beer bottling - a method of retail sale of beer, not involving its transportation and storage;
19) marking – a text, symbol and drawings that carry information for the consumer and are printed on labels, back labels, bottle collars and packaging;
19-1) an accompanying waybill for goods - a document designed to control the movement of ethyl alcohol and (or) alcoholic products;
20) consumer packaging - packaging that the consumer gets together with alcohol products and does not perform the function of transport packaging and made of materials allowed for use by the authorized body in the field of healthcare;
21) specialized company shop – fixed premises with a trading hall having a cash register with fiscal memory and intended for retail sale of own-produced alcohol products;
22) is excluded by the Law of the Republic of Kazakhstan dated 05.01.2021 No. 407-VI (shall be enforced from 01.01.2020);Subparagraph 23) is provided for in a new edition by the Law of the Republic of Kazakhstan dated December 30, 2020 No. 397-VI (shall be enforced from January 1, 2024).
23) ethyl alcohol - a product obtained by distillation of spirit wort or rectification of raw ethyl alcohol produced from grains, potatoes, sugar beets, raw sugar molasses and other sugar- and starch-containing vegetable feedstock, from bulk wine (wine material) by direct or double distillation and other means from non-food stock;
Subparagraph 24) is provided for in a new version by the Law of the Republic of Kazakhstan dated December 30, 2020 No. 397-VI (shall be enforced from January 1, 2024).24) readings of check meters in the field of production of ethyl alcohol and alcohol products - data on volumes of the production of ethyl alcohol and alcohol products, the concentration of ethyl alcohol in them (except for wine, beer and beer-based beverage), ethyl alcohol residues (except for beer and beer-based beverage) and identification of inventory-control stamps;
25) the operator of readings of check meters in the field of production of ethyl alcohol and alcohol products - a legal entity, assigned by the Government of the Republic of Kazakhstan, ensuring automated online transmission of check meter readings to the authorized body and its territorial divisions.
Footnote. Article 1 is in the wording of Law of the Republic of Kazakhstan № 210-V as of 18.06.2014 (see Art. 2 for the enactment procedure); as amended by Law of the Republic of Kazakhstan № 364-V as of 27.10.2015 (to be enacted ten calendar days after its first official publication); № 432-V as of 03.12.2015 (see Art. 15 for the enactment procedure); № 122-VI as of 25.12.2017 (to be enacted from 01.01.2018); dated 19.04.2019 No. 249-VI (shall be enforced upon expiry of twenty one calendar days after the day of its first official publication); dated 05.01.2021 No. 407-VI (see Art. 2 for the order of entry into force,); dated 31.12.2021 No. 100 (shall take effect from 01.01.2022).Article 2. The legislation of the Republic of Kazakhstan on state regulation of the production and turnover of ethyl alcohol and alcohol products
The legislation of the Republic of Kazakhstan on state regulation of the production and turnover of ethyl alcohol and alcohol products consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
Article 3. State regulation of the production and turnover of ethyl alcohol and alcohol products
1. The state regulation of the production and turnover of ethyl alcohol and alcohol products shall be understood to mean the monitoring of the production and turnover of ethyl alcohol and alcohol products established by regulatory legal acts.
2. The objectives of state regulation of the production and turnover of ethyl alcohol and alcohol products are as follows:
1) protection of economic interests and health of citizens of the Republic of Kazakhstan;
2) creation of conditions for improving the quality of ethyl alcohol and alcohol products produced in and imported into the Republic of Kazakhstan;
3) ensuring the compliance with legislation in the field of state regulation of the production and turnover of the specified products.
3. State regulation of the production and turnover of ethyl alcohol and alcohol products includes:
1) licensing of the activity on the production and turnover of ethyl alcohol and alcohol products;
2) regulation of the import of ethyl alcohol and alcohol products;
3) establishing of minimum retail prices for vodka and special vodka, vodka with a protected designation of origin, strong liquors, cognac and brandy;
4) establishment of rules and regulations in the field of production and turnover of ethyl alcohol and alcohol products;
Subparagraph 5) is presented in a new edition by the Law of the Republic of Kazakhstan dated 30.12.2020 (shall be enforced from 01.01.2024).5) setting of minimum percentage of capacity utilization and minimum production volumes for manufacturers of ethyl alcohol (except for cognac spirit), vodkas and special vodkas;
6) implementation of the state accounting and reporting in the field of production and circulation of ethyl alcohol and alcoholic products, drawing up the interrelated balances of their production and circulation;
7) organization of state control over production and turnover, as well as the quality of ethyl alcohol and alcohol products;
8) ensuring the compliance with international obligations of the Republic of Kazakhstan in terms of regulating the production and turnover of ethyl alcohol and alcohol products, cooperating with relevant authorities of foreign states and other international organizations authorized to regulate the production and turnover of ethyl alcohol and alcohol products;
9) (excluded - N 222 as of January 12, 2007)4. Excluded by Law of the Republic of Kazakhstan № 210-V as of 18.06.2014 (to be enacted twenty-one calendar days after its first official publication).
5. Central and local executive bodies are forbidden to adopt regulatory legal and other acts and (or) to take actions affecting the field of production and turnover of ethyl alcohol and alcohol products without the consent of the authorized body.
6. The peculiarities provided for by this Law, except for excise rates, do not apply to the production and turnover of biofuels, which are regulated by the Law of the Republic of Kazakhstan “On State Regulation of the Production and Turnover of Biofuels”.
Footnote. Article 3 as amended by Laws of the Republic of Kazakhstan N 201 as of 11.12.2006 (to be enacted from 01.01.2007); N 222 as of 12.01.2007 (to be enacted 6 months after its official publication); № 352-IV as of 15.11.2010 (to be enacted ten calendar days after its first official publication); № 210-V as of 18.06.2014 (see Art. 2 for the enactment procedure); dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 31.12.2021 No. 100 (shall take effect from 01.03.2022).Article 3-1. Competence of the Government of the Republic of Kazakhstan
Footnote. The Law was supplemented with Article 3-1 in accordance with Law of the Republic of Kazakhstan № 452-IV as of 05.07.2011 (to be enacted from 13.10.2011); 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).
Article 4. Competence of the authorized body
Footnote. The heading of Article 4 is in the wording of Law of the Republic of Kazakhstan № 297-IV as of 30.06.2010 (to be enacted from 01.07.2010).
1. 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).
2. The authorized body within its competence and in order to fulfill the tasks assigned to it:
1) involves specialists from other state bodies, consultants and experts from among individuals and legal entities of the Republic of Kazakhstan and other states;
1-1) establishes minimum retail prices for vodka and special vodka, vodka with a protected designation of origin, strong liquors, cognac and brandy;
1-2) determines the operator of these control metering devices in the production of ethyl alcohol and alcoholic products;
2) excluded by Law of the Republic of Kazakhstan № 203-V as of 16.05.2014 (to be enacted six months after its first official publication);Subparagraph 3) is presented in a new edition by the Law of the Republic of Kazakhstan dated 12/30/2020 (shall be enforced from 01/01/2024).
3) classifies alcohol products as those belonging to one or another type in accordance with Article 5 of this Law;
Subparagraph 4) is presented in a new edition by the Law of the Republic of Kazakhstan dated 12/30/2020 (shall be enforced from 01/01/2024).4) develops and approves the rules for equipping technological lines for the production of ethyl alcohol and (or) alcoholic products with control metering devices, their operation and accounting, except for the production of bulk wine (wine material), as well as beer and beer drinks, the production capacity of which is below four hundred thousand deciliters per year;
5) develops and approves the list of necessary information for the passport of production of ethyl alcohol and alcohol products;
6) develops and approves the procedure for submitting declarations of the production and turnover of ethyl alcohol and alcohol products;
7) develops and approves the rules for storage and sale (shipment, acceptance of ethyl alcohol);
8) is excluded by the Law of the Republic of Kazakhstan dated 05.01.2021 No. 407-VI (shall be enforced from 01.01.2020);8-1) develops minimum retail prices for vodka and special vodka, vodka with a protected designation of origin, strong liquors, cognac and brandy;
8-2) develops and approves the rules for assigning personal identification numbers-codes;
9) exercises other powers provided for 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.
3. (excluded)4. The activity of the authorized body shall be governed by a relevant provision approved by the Government of the Republic of Kazakhstan.
Footnote. Article 4 as amended by Laws of the Republic of Kazakhstan N 13 as of 20.12.2004 (to be enacted from 01.01.2005); N 201 as of 11.12.2006 (to be enacted from 01.01.2007); N 222 as of 12.01.2007 (to be enacted 6 months after its first official publication); № 297-IV as of 30.06.2010 (see Art. 2 for the enactment procedure); № 452-IV as of 05.07.2011 (to be enacted from 13.10.2011); № 203-V as of 16.05.2014 (to be enacted six months after its first official publication); № 210-V as of 18.06.2014 (see Art. 2 for the enactment procedure); № 239-V as of 29.09.2014 (to be enacted ten calendar days after its first official publication); № 432-V as of 03.12.2015 (to be enacted from 01.01.2016); dated 05.01.2021 No. 407-VI (shall be enforced from 01.01.2020); dated 31.12.2021 No. 100 (shall take effect from 01.03.2022); dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication).Article 5 is provided for in a new edition by the Law of the Republic of Kazakhstan dated 12/30/2020 (shall be enforced from 01/01/2024).
Article 5. Types of alcohol products
1. Alcoholic products shall include:
1) vodka and special vodka, vodka with a protected designation of origin;
2) alcoholic drinks;
3) bulk wine (wine material);
4) wines;
5) cognac;
6) brandy;
7) beer;
8) beer drink.
2. Vodkas and special vodkas, vodkas with a protected designation of origin are alcoholic products obtained by special treatment with an adsorbent of an water-alcohol solution with a strength of thirty-eight - forty-five percent, fifty percent and fifty-six percent, with or without the addition of ingredients, followed by filtration.
3. Alcoholic beverages are alcoholic products with a volume fraction of ethyl alcohol of one and a half percent, which are mixtures of various alcoholized juices, fruit drinks, infusions and aromatic alcohols obtained by processing fruit, berry and aromatic plant feedstock with the addition of sugar syrup, essential oils, and wine bulk (wine material), grape wines, cognac, citric acid and other foods, as well as alcohol and water.
Strong liquors are liquors with a volume fraction of ethyl alcohol of at least thirty percent.
Low-proof liquors are liquors with a volume fraction of ethyl alcohol from one and a half percent to thirty percent.
4. Bulk wine (wine material) is an alcoholic product with a volume fraction of ethyl alcohol not exceeding twenty-two and a half percent, obtained by alcoholic fermentation of grapes, grape must or fruit or berry juice without addition of aromatic and flavoring additives, without or with addition of ethyl alcohol, produced from food raw materials and (or) distillates, which is used as raw material for the production of wine and alcoholic beverages, ethyl alcohol obtained by direct or double distillation.
5. Wine is an alcoholic product produced from bulk wine (wine materials), with a volume fraction of ethyl alcohol not exceeding twenty-two percent.
6 - 12. (Paragraphs 6 - 12 are excluded - by Law of the Republic of Kazakhstan N 201 as of December 11, 2006).
13. Cognac is an alcohol product with the 40-45% volume fraction of ethyl alcohol, with a distinguished flavor and aroma, prepared from ethyl alcohol received as a result of direct or double distillation and aged for at least three years in oak barrels or enameled tanks using oak staves.
14. Brandy is an alcoholic product with a volume fraction of ethyl alcohol from thirty-seven and a half to forty-five percent, made from wine distillate with or without addition of ethyl alcohol obtained from bulk wine (wine materials), in an amount not exceeding fifty percent of the amount of anhydrous ethyl alcohol in the final product, seasoned in contact with oak wood for at least six months.
15. Beer is a brewing product infused with carbon dioxide, produced by fermenting hopped malt wort with brewer's yeast.
16. (excluded by Law of the Republic of Kazakhstan N 201 as of 11.12.2006).17. (excluded by Law of the Republic of Kazakhstan N 201 as of 11.12.2006).
18. Beer-based beverage is a brewing product with less than 7% volume fraction of ethyl alcohol, which was formed during the fermentation of beer wort, which is produced from beer (not less than 40 percent of the finished product) and (or) prepared from beer must of brewer’s malt (at least 40 percent of raw materials’ weight), water with or without grain products, sugar-containing products, hops and (or) hop products, fruits and other plant raw materials, their products, aroma and flavor substances and flavoring agents, without ethyl alcohol.
Footnote. Article 5 as amended by Laws of the Republic of Kazakhstan N 534 as of 10.03.2004; N 201 as of 11.12.2006 (to be enacted from 01.01.2007); N 222 as of 12.01.2007 (to be enacted 6 months after its official publication); № 210-V as of 18.06.2014 (to be enacted twenty-one calendar days after its first official publication); № 432-V as of 03.12.2015 (to be enacted from 01.01.2016); dated 31.12.2021 No. 100 (shall take effect from 01.01.2022);Footnote. Article 6 is excluded by Law of the Republic of Kazakhstan № 203-V as of 16.05.2014 (to be enacted six months after its first official publication).
Article 7. Conditions for the production of ethyl alcohol and alcohol products
1. Production of ethyl alcohol and alcohol products is allowed given a license and production passport.
2. The production passport is developed and approved by a manufacturer on its own.
When making changes or additions to a production passport, the manufacturer, within thirty calendar days of changes or additions to the production passport, submits written information on the changes or additions to the production passport to the authorized body.
3. (excluded)Paragraph 4 is provided for in a new edition by the Law of the Republic of Kazakhstan dated 30.12.2020 (shall be enforced from 01.01.2024).
4. For the production of alcohol products, only ethyl alcohol, produced from food raw materials, shall be used.
5. When producing ethyl alcohol and (or) alcoholic products, the following shall be prohibited:
Subparagraph 1) is provided for in a new version by the Law of the Republic of Kazakhstan dated 30.12.2020 (shall be enforced from 01.01.2024).1) production of ethyl alcohol and (or) alcoholic products without equipping production lines with control metering devices, except for the production of bulk wine (wine material), as well as beer and beer beverages, the production capacity of which is below four hundred thousand deciliters per year;
Subparagraph 2) is provided for in a new version by the Law of the Republic of Kazakhstan dated 30.12.2020 (shall be enforced from 01.01.2024).).2) production of ethyl alcohol and (or) alcoholic products with faulty control meters, as well as with excess accounting deviations, except for the production of bulk wine (wine material), as well as beer and beer beverages, the production capacity of which is below four hundred thousand deciliters per year.
6. The production of ethyl alcohol and alcohol products is allowed in fixed industrial premises and using equipment owned by the manufacturer and meeting qualification requirements.
7. Two or more licensees are prohibited to produce ethyl alcohol and alcohol products in the same fixed premises and using the same equipment.
8. The production of ethyl alcohol and alcohol products is allowed:
1) at the address specified in the license, and in accordance with the data specified in the production passport;
2) in accordance with technical regulations and standards.
9. Excluded by Law of the Republic of Kazakhstan № 210-V as of 18.06.2014 (to be enacted twenty-one calendar days after its first official publication).Paragraph 10 is provided for in a new version by the Law of the Republic of Kazakhstan dated 12/30/2020 (shall be enforced from 01/01/2024).
10. The production of ethyl alcohol (except for cognac alcohol) is allowed with the use of at least twenty percent of the production capacity specified in the production passport.
The production of vodkas and special vodkas, vodkas with a protected designation of origin is allowed when using at least forty percent of the production capacity indicated in the production passport, but not less than twenty-five thousand deciliters per calendar quarter, with the exception of the calendar quarter during which license was obtained (renewed).
Footnote. Article 7 as amended by Laws of the Republic of Kazakhstan N 534 as of 10.03.2004; N 13 as of 20.12.2004 (to be enacted from 01.01.2005); N 201 as of 11.12.2006 (to be enacted from 01.01.2007); Constitutional Law of the Republic of Kazakhstan № 121-V as of 03.07.2013 (to be enacted ten calendar days after its first official publication); Laws of the Republic of Kazakhstan № 210-V as of 18.06.2014 (see Art. 2 for the enactment procedure); № 26-VI as of 30.11.2016 (to be enacted from 01.01.2017); № 122-VI as of 25.12.2017 (to be enacted from 01.01.2018); dated 31.12.2021 No. 100 (shall take effect from 01.01.2022);Article 8. Marking of alcohol products
1. The marking of produced (except for exported) and imported alcohol products must contain information in the national and Russian languages on the product name, manufacturer-licensee and its location, designation of product standard, container capacity, ethyl alcohol by volume in percentage terms, sugar content, the manufacturer’s license number.
2. Labeling of vodkas and special vodkas, vodkas with a protected designation of origin must contain information about the type of alcohol used in their preparation.
3. The marking of wines shall contain the date of bottling and the name of the organization that did the bottling.
4. The marking of vintage wines shall contain information on the period of aging, fine wines - on the year of the harvest of grapes from which wine is made, champagne - on the date of bottling.
Paragraph 5 is provided for in a new version by the Law of the Republic of Kazakhstan dated 12/30/2020 (shall be enforced from 01/01/2024).5. The marking of all types of alcohol products shall be made in accordance with the Law of the Republic of Kazakhstan “On Technical Regulation”.
Footnote. Article 8 as amended by Law of the Republic of Kazakhstan № 201 as of 11.12.2006 (to be enacted from 01.01.2007); dated December 31, 2021 No. 100 (shall come into effect from January 1, 2022).Article 9. Conditions for the turnover and movement of ethyl alcohol and alcohol products
1. The sale of ethyl alcohol and alcohol products is prohibited:
Subparagraph 1) is provided for to be excluded by the Law of the Republic of Kazakhstan dated 12/30/2020 (shall be enforced from 01/01/2024).1) without certificates (and marks) of conformity and (or) a declaration of conformity;
2) if they do not meet the requirements of technical regulations.
Paragraph 2 is provided for in a new edition by the Law of the Republic of Kazakhstan dated 12/30/2020 (shall be enforced from 01/01/2024).2. The turnover of alcohol products is prohibited:
1) in tin containers (except for beer, beer-based beverage and low liqueur or spirit with less than 20% abv), in a bottle without a label and plastic container (except for cases of bottling beer and beer-based beverage);
2) in a combined polymer packaging, including in a cardboard box with a polyethylene coating and a foiled plastic bag, placed in a cardboard box;
3) in a dirty, deformed bottle, and also in a bottle with a clear sign of breakage, with a damaged bottle capping, as well as the one with general turbidity, foreign matter, sediment (except for fine wines);
4) if they are subject to marking with inventory-control stamp, but have no such a stamp, or a stamp is non-standard and (or) non-identifiable.
3. It is prohibited to store and sell alcohol products:
1) without an appropriate license;
2) in buildings and in the premises of health, educational, health and fitness, sports and sports-engineering facilities, filling stations, trade markets, cultural and leisure organizations;
3) outside the places established by subparagraphs 3) and 4) of Article 1 of this Law;
4) during the suspension of a license;
5) without paying fees for using licenses to engage in certain types of activity within the time limits and in the amounts established by the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget” (the Tax Code);
6) without a device for identifying accounting and control marks.
The provision of this subparagraph shall not apply to the licensees whose activities are carried out in places where there is no public telecommunications network.
4. It is prohibited to sell in retail:
1) alcohol products to persons under the age of twenty-one;
2) vodkas and special vodkas, vodkas with a protected designation of origin, strong liquors, cognac and brandy below the minimum retail prices;
3) alcoholic products, with the exception of sales in restaurants, bars and cafes, as well as on passenger aircraft, passenger ships of sea transport, in restaurant cars of passenger trains:
from 23.00 to 08.00 of the next day;
with the 30% plus volume fraction of ethyl alcohol from 21.00 to 12.00 of the next day.
5. The turnover and movement of ethyl alcohol and alcoholic products shall be prohibited without availability of accompanying waybills for goods, as well as in violation of the rules of registration.
Footnote. Article 9 is in the wording of Law of the Republic of Kazakhstan № 210-V as of 18.06.2014 No. 210-V (see Art. 2 for the enactment procedure); as amended by Law of the Republic of Kazakhstan № 364-V as of 27.10.2015 (to be enacted ten calendar days after its first official publication); № 432-V as of 03.12.2015 (to be enacted from 01.01.2016); № 122-VI as of 25.12.2017 (to be enacted from 01.01.2018); dated 19.04.2019 No. 249-VI (shall be enforced upon expiry of twenty one calendar days after the day of its first official publication); dated 05.01.2021 21 No. 407-VI (shall be enforced from 01.01.2020); dated 31.12.2021 No. 100 (shall take effect from 01.03.2022).Article 10. Export and import of ethyl alcohol and alcohol products
Paragraph 1 is provided for in a new version by the Law of the Republic of Kazakhstan dated 12/30/2020 (shall be enforced from 01/01/2024).
1. Import of ethyl alcohol or bulk wine (wine material) into the territory of the Republic of Kazakhstan shall be carried out in the presence of a license for the production of alcoholic beverages and a foreign trade agreement (contract), attachment and (or) supplement to it.
Import of alcoholic products (except for bulk wine (wine material)) into the territory of the Republic of Kazakhstan shall be carried out with a license for activities in the storage and wholesale of alcoholic products, with the exception of activities in the storage and wholesale of alcoholic products in the territory of its production, and a foreign trade agreement (contract), attachments and (or) supplements to it.
Paragraph 1-1 is amended by the Law of the Republic of Kazakhstan dated 12/30/2020 (shall be enforced from 01/01/2024).1-1. The import of alcohol products is allowed according to the types specified in paragraph 1 of Article 5 of this Law, and their names in accordance with the single commodity nomenclature for foreign economic activity.
The quality of ethyl alcohol and alcohol products imported into the Republic of Kazakhstan must comply with technical regulations and standards.
1-2. Only resident legal entities of the Republic of Kazakhstan shall have the right to import and export ethyl alcohol and alcohol products into the territory (from the territory) of the Republic of Kazakhstan.
2. The export of ethyl alcohol is only allowed given a license for the production of ethyl alcohol.
A license for the activity on the production of alcohol products or activity on the storage of and wholesale trade in alcohol products, except for the activity on the storage of and wholesale trade in alcohol products in its production area, gives the right to export alcohol products.
Paragraph 3 is provided for in a new version by the Law of the Republic of Kazakhstan dated 12/30/2020 (shall be enforced from 01/01/2024).3. The production and processing of ethyl alcohol and bulk wine (wine material), as well as the production of alcoholic beverages in free warehouses shall be prohibited.
4. Temporary bans on the export and import of ethyl alcohol and alcohol products may be established by the Government of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan.
5. It is prohibited to import alcohol products into the Republic of Kazakhstan, the turnover of which is prohibited by paragraph 2 of Article 9 of this Law, as well as ethyl alcohol and alcohol products, the sale of which is prohibited by paragraph 1 of Article 9 of this Law.
Footnote. Article 10 as amended by Law of the Republic of Kazakhstan N 534 as of 10.03.2004; № 297-IV as of 30.06.2010 (to be enacted from 01.07.2010); № 203-V as of 16.05.2014 (to be enacted six months of its first official publication); № 210-V as of 18.06.2014 (to be enacted twenty-one calendar days after its first official publication); dated 31.12.2021 No. 100 (shall take effect from 01.01.2022).Article 11. Rules for the storage and sale of ethyl alcohol
1. The sale of ethyl alcohol is allowed in accordance with the rules approved by the authorized body to:
1) organizations producing medicines and medical devices and public health organizations with a license for the relevant type of activity, and also those who notified of the beginning of their activity, in the prescribed manner, within the allocated quotas;
2) manufacturers of alcohol products, for the production of which ethyl alcohol is used;
3) organizations using ethyl alcohol for technical purposes, for laboratory needs or in the production of non-alcohol products.
1-1. Sale of confiscated ethyl alcohol shall be allowed only to the manufacturers of ethyl alcohol and alcoholic products.
2. The storage and sale of ethyl alcohol may only be carried out given a license for the production of ethyl alcohol from the manufacturer’s warehouse.
3. The retail sale of ethyl alcohol is not allowed, except for the sale of ethyl alcohol in pharmacies licensed to the relevant type of activity.
4. Ethyl alcohol is stored in accordance with the rules approved by the authorized body.
Footnote. Article 11 is in the wording of Law of the Republic of Kazakhstan № 36-V as of 10.07.2012 (to be enacted ten calendar days after its first official publication); as amended by Laws of the Republic of Kazakhstan № 239-V as of 29.09.2014 (to be enacted ten calendar days after its first official publication); № 211-VI as of 28.12.2018 (to be enacted ten calendar days after its first official publication); dated December 30, 2020 No. 397-VI (shall be enforced from 01.01.2022).Article 12. Storage and sale of alcohol products
1. The manufacturer may wholesale alcohol products to persons licensed to carry out the activity on:
1) the storage and wholesale of alcohol products, except for the activity on the storage and wholesale of alcohol products in the territory of their production;
2) the storage and retail sale of alcohol products, except for the activity on the storage and retail sale of alcohol products in the territory of their production.
1-1. The manufacturer has the right to carry out retail sales of alcohol products through specialized company shops.
2. Persons licensed to carry out the activity on the storage and wholesale of alcohol products, except for the activity on the storage and wholesale of alcohol products in their production areas, shall be entitled to sell alcohol products exclusively to persons licensed to carry out the activity specified in subparagraphs 1) and 2) of paragraph 1 of this article.
3. (excluded)4. The activity on the storage and wholesale of alcohol products to two or more licensees in one and the same warehouse is prohibited.
Footnote. Article 12 as amended by Law of the Republic of Kazakhstan 534 as of 10.03.2004; N 201 as of 11.12.2006 (to be enacted from 01.01.2007); № 203-V as of 16.05.2014 (to be enacted six months after its first official publication);Article 12-1. Conditions for transportation of ethyl alcohol and alcoholic products
When selling (releasing) and transporting ethyl alcohol and alcoholic products, accompanying invoices for goods must be issued in the manner prescribed by the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget” (Tax Code).
Footnote. The Law is supplemented with Article 12-1 in accordance with Law of the Republic of Kazakhstan № 297-IV as of 30.06.2010 (to be enacted from 01.01.2011); as amended by the Law of the Republic of Kazakhstan dated 05.01.2021 No. 407-VI (shall be enforced from 01.01.2020).Article 13. Declaring production volumes and turnover of ethyl alcohol and alcohol products
1. Individuals and legal entities engaged in the production, storage, sale and use of ethyl alcohol, production, storage and wholesale of alcohol products are obliged to submit declarations of production and turnover of ethyl alcohol and alcohol products to the authorized body.
2. (excluded)Footnote. Article 13 is amended by Law of the Republic of Kazakhstan N 13 as of December 20, 2004 (to be enacted from January 1, 2005).
Article 14.
Excluded by Law of the Republic of Kazakhstan N 264 as of June 19, 2007 (see Article 2 of the Law for the enactment procedure)
Article 15. Licensing of the activity on the production and turnover of ethyl alcohol and alcohol products
1. The production and turnover (except for exports) of ethyl alcohol and alcohol products in the territory of the Republic of Kazakhstan are carried out on the basis of licenses issued by:
1) the authorized body for the production of ethyl alcohol and alcohol products;
2) territorial divisions of the authorized body by regions, cities of republican significance and the capital - for the storage and wholesale of alcohol products, except for the storage and wholesale of alcohol products in their production area, as well as for the storage and retail sale of alcohol products, except for the storage and retail sale of alcohol products in their production area.
1-1. Excluded by Law of the Republic of Kazakhstan № 203-V as of 16.05.2014 (to be enacted six months after its first official publication).2. Licenses in the field of production and turnover of ethyl alcohol and alcohol products may not be alienated, transferred by a licensee to other individuals and legal entities, except for the case provided for in part two of this paragraph.
A license for the storage and retail sale of alcohol products, except for the activity on the storage and retail sale of alcohol products in their production area, may be alienated.
3. A license is issued for each object of activity at a specific address or registration number of a passenger aircraft, a passenger ship of sea transport, a restaurant car of a passenger train.
A license shall be issued within fifteen working days of submission of the application together with documents.
4. The storage and sale of ethyl alcohol without a license for the production of ethyl alcohol are prohibited, except for the cases specified in part two of this paragraph.
The license for the production of alcohol products gives the manufacturer the right to:
the storage of ethyl alcohol, intended for the production of alcohol products, in warehouses at the location of the production of alcohol products specified in the license;
the storage of own-produced alcohol products at the location of production specified in the license, and wholesale to persons licensed for the activity on the storage and wholesale of alcohol products, except for the storage and wholesale of alcohol products in their production area.
The activity on the storage and wholesale of alcohol products in their production area, as well as on the storage and retail sale of alcohol products in their production area, is not subject to licensing.
5. (excluded)6. The activity types related to the production and turnover of ethyl alcohol and alcohol products are subject to licensing in accordance with the legislation of the Republic of Kazakhstan on permits and notifications.
7. Excluded by Law of the Republic of Kazakhstan № 461-IV as of 15.07.2011 (to be enacted from 30.01.2012).8. The licensor has the right to involve employees of its territorial bodies at the location of the subject of activity to establish compliance with qualification requirements.
Footnote. Article 15 as amended by Law of the Republic of Kazakhstan N 534 as of 10.03.2004; N 201 as of 11.12.2006 (to be enacted from 01.01.2007); N 222 as of 12.01.2007 (to be enacted 6 months of its official publication); № 297-IV as of 30.06.2010 (see Art. 2 for the enactment procedure); № 461-IV as of 15.07.2011 (to be enacted from 30.01.2012); № 36-V as of 10.07.2012 (to be enacted ten calendar days after its first official publication); № 203-V as of 16.05.2014 (to be enacted six months after its first official publication); dated 19.04.2019 No. 249-VI (shall be enforced upon expiry of twenty one calendar days after the day of its first official publication).Article 16. Conditions for issuing licenses
1. A license for the right to engage in the activity on the production and turnover of ethyl alcohol and alcohol products is issued to a subject, whose qualification level meets the requirements for the relevant type of activity.
2. Qualification requirements for the production and turnover of ethyl alcohol and alcohol products are approved by the authorized body.
Footnote. Article 16 as amended by Law of the Republic of Kazakhstan № 26-VI as of 30.11.2016 (to be enacted from 01.01.2017).Article 17. Appeal against refusal to issue a license
1. If the license is not issued within the period established by this Law or the refusal seems unreasonable to the applicant, he/she shall have the right to appeal against these actions within a month in the manner established by the laws of the Republic of Kazakhstan.
2. The court, having established the fact of unjustified refusal or non-issuance of a license within the established time period, makes a decision obliging the licensor to issue a license, which must be executed by the licensor within ten days of entry into legal force of the court decision.
Footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 29.06.2020 No. 351-VI (shall be enforced from 01.07.2021).Article 18.
(The article is excluded by Law of the Republic of Kazakhstan N 222 as of January 12, 2007 (to be enacted 6 months after its first official publication).
Article 19. Suspension or revocation of a license
Suspension or revocation of a license in the field of production and turnover of ethyl alcohol and alcohol products is carried out in the manner prescribed by the Code of the Republic of Kazakhstan on Administrative Offences.
Footnote. Article 19 is in the wording of Law of the Republic of Kazakhstan № 203-V as of 16.05.2014 (to be enacted six months after its first official publication).Article 20. Revocation of a license
Footnote. Article 20 is excluded by Law of the Republic of Kazakhstan № 203-V as of 16.05.2014 (to be enacted six months after its first official publication).
Article 21. Responsibility for violation of the legislation of the Republic of Kazakhstan on state regulation of the production and turnover of ethyl alcohol and alcohol products
Violation of the legislation of the Republic of Kazakhstan on state regulation of the production and turnover of ethyl alcohol and alcohol products entails liability established by laws of the Republic of Kazakhstan.
Footnote. Article 21 is in the wording of Law of the Republic of Kazakhstan № 210-V as of 18.06.2014 (to be enacted twenty-one calendar days after its first official publication).
| President of the Republic of Kazakhstan |
