Unofficial translation
Footnote. It became invalid by the Law of the Republic of Kazakhstan No. 396-VI dated December 30, 2020 (effective six months after the date of its first official publication).Footnote.
Throughout the text the words “by the regulatory legal acts in the field of technical regulation”, “of the regulatory legal acts in the field of technical regulation”, “regulatory legal acts in the field of technical regulation”, “ to the regulatory legal act in the field of technical regulation”, “of the regulatory legal act in the field of technical regulation”, “regulatory legal act in the field of technical regulation”, “on the regulatory legal act in the field of technical regulation”, “of the regulatory legal acts in the field of technical regulation”, are substituted by the words “by the technical regulations”, “of the technical regulations”, “technical regulations”, to the technical regulations”, “of the technical regulation”, “technical regulation”, “on technical regulation”, “on the technical regulations” – by Law of the Republic of Kazakhstan No. 209 dated 29 December, 2006 (see Article 2 for the enactment procedure);
throughout the text the words “and supervision”, “and supervision”, “and supervision” are excluded by Law of the Republic of Kazakhstan No. 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure).
The present Law regulates public relations on definition, establishment, application and execution of obligatory requirements to production, service, life cycle processes, confirmation of conformity, accreditation and the state control in the field of technical regulation, and also establishes legal bases of the state system of technical regulation directed on maintenance of safety of production, services and processes in the Republic of Kazakhstan.
Footnote. Preamble is in the wording of Law of the Republic of Kazakhstan No. 31-V dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Chapter 1. General provisions
Article 1. Basic definitions used in this Law
The following basic definitions shall be used in this Law:
1) accreditation – procedure of official recognition by the body on accreditation of competence of an applicant to execute work in the defined scope on confirmation of compliance with the established requirements of the objects of technical regulation;
2) (Is excluded by Law of the Republic of Kazakhstan No. 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure);3) (Is excluded by Law of the Republic of Kazakhstan No. 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure);
4) accreditation scope – officially recognized objects of conformity assessment, on which accreditation is distributed;
4-1) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).5) an audit (in the scope of confirmation of conformity) – systematic, independent and documented analysis of activity of accredited bodies on confirmation of compliance with the established requirements and (or) testing laboratories (centers), as well as performing on the initiative of applicant of consistency control of certified products, services, processes, quality management systems;
5-1) military standard for goods (products) of military purpose, dual-use goods (products), military work and military service is a normative and technical document that, for the purpose of specific and special use establishes rules, general principles and characteristics for military facilities, contains information with limited access;6) supplier – individual or legal entity, providing products, service;
6-1) Verifying body - a state body authorized to confirm the validity of the certificate of origin of goods, the reliability of the information contained in it, as well as the compliance of manufacturers with the criteria for determining the country of origin of goods;
7) producer (executor) – individual or legal entity, providing products for subsequent alienation or self-consumption in industrial purposes, as well as executing the work or rendering a service on non-gratuitous and (or) gratuitous contract;
7-1) criterion of sufficient processing (processing) - one of the criteria for determining the country of origin of goods according to which goods, if two or more countries participate in their production, shall be deemed to originate from the country in the territory of which they were subjected to the last substantial processing (processing) which is sufficient to give the goods its characteristic properties;
8) inspectorial control – verification, carrying out by an accredited body on confirmation of compliance of certified products, process to the requirements, established by the technical regulation according to the procedure, determined by the authorized body;
9) (Is excluded by Law of the Republic of Kazakhstan No. 62-IV dated 05.07.2008 (the order of enforcement see Article 2);9-1) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).
9-2) assignment of international identification codes to vehicle manufacturers - assignment of separate identification marks to the vehicle manufacturer registered as a person conducting economic activity on the territory of the Republic of Kazakhstan;
9-3) certificate of assignment of the international identification code to the vehicle manufacturer - a document confirming the assignment of the international identification code to the vehicle manufacturer registered as a person conducting economic activity on the territory of the Republic of Kazakhstan;
10) service - activities aimed at meeting the needs of individuals and (or) legal entities, the results of which have no material expression;
11) risk – probability of causing of harm to human life or health, environment, as well as plant and animal life, in recognition of degree of its consequences;
11-1) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).12) Is excluded by Law of the Republic of Kazakhstan No. 31-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication);
13) state system of technical regulation - natural and legal persons, state bodies carrying out works in the field of technical regulation;
14) register of the state system of technical regulation - a document of accounting of technical regulations and normative technical documents, bodies on confirmation of conformity, testing laboratories, experts-auditors on confirmation of conformity, accreditation, determination of the country of origin of goods, the status of goods of the Eurasian Economic Union or foreign goods and issued documents in the field of confirmation of conformity;
15) interested parties - individuals and legal entities whose activities are directly related to the development of technical regulations, as well as other persons whose participation is provided by international treaties of the Republic of Kazakhstan;
16) compulsory certification – confirmation procedure of compliance of products with the requirements, established by the technical regulations, with participation of bodies on confirmation of conformity;
17) is excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (to be put into effect six months after the day of its first official publication).17-1) standard technical document – regulatory document, containing technical and technological standards;
17-2) is excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 No. 184-VI (shall be enforced upon expiry of six months after the day its first official publication);17-3) Interconnected standard - a national standard ensuring compliance with the requirements established by technical regulations;
18) products is a result of activity, presented in material form and intended for the further economic use and other purposes;
18-1) release of products into circulation - supply or import of products (including shipping from the manufacturer's warehouse or shipment without warehousing) for the purpose of distribution on the territory of the Republic of Kazakhstan in the conduct of entrepreneurial activities on a gratuitous or reimbursable basis;
18-2) is excluded by the Law of the RK from 05.10.2018 № 184-VI (entered into force six months after the day of its first official publication).19) identification of products and services – a procedure, providing an unambiguous recognition of products, services on distinguishing features;
20) safety of goods and processes (hereinafter – safety) – absence of inadmissible risk, related with causing of harm to human life and health, environment, as well as plant and animal life, in recognition of combination of probability of a hazard and degree of its consequences;
21) product life cycle – processes of planning, production, operation, storage, transportation, sales, destruction and recovery of products;
22) is excluded by the Law of the RK from 05.10.2018 № 184-VI (entered into force six months after the day of its first official publication).23) applicant – individual or legal entity, providing the products, service, processes for confirmation of conformity, as well as legal entities, filling an application to accreditation and audit (in the scope of confirmation of conformity);
24) process – a set of interrelated and sequential actions (works) upon reaching of any specified result, including product realization;
25) conformity mark - designation, intended for informing the consumers on passing of products, service the procedure of confirmation of compliance with the requirements, established by technical regulation, standards and other documents;
26) certificate of conformance – a document, certified compliance of products, service with the requirements, established by technical regulation, provision of standards and other documents;
27) (Is excluded by Law of the Republic of Kazakhstan No. 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure);28) declaration of compliance - a document, that the producer (executor) certifies compliance of released for circulation products, service with the established requirements;
29) voluntary confirmation of conformity – procedure, by which confirmation of conformity of products, service, process, conducting on the initiative of producer (executor) or seller to the compliance with the standard, other document or special requirements of applicant is carried out;
30) compulsory confirmation of conformity – procedure, by which confirmation of compliance of products with the requirements, established by technical regulation is carried out;
31) confirmation of conformity – procedure, the result of which is documentary certificate (in the form of declaration of compliance or certificate of conformance) of compliance of object with the requirements, established by the technical regulations, standards or contracts conditions;
31-1) experts-auditors on confirmation of conformity, accreditation, determination of the country of origin of goods, the status of goods of the Eurasian Economic Union or foreign goods - individuals certified in accordance with the procedure determined by the authorized body;
32) body on confirmation of conformity – a legal entity, accredited in established procedure for execution of work on confirmation of conformity;
33) form of confirmation of conformity – a set of actions, the results of which are considered in evidence of compliance of products, service with the requirements, established by the technical regulations, standards or agreements;
34) a document in the scope of confirmation of conformity - certificate of conformance, issued by the accredited body on confirmation of conformity or declaration of compliance, adopted by producer, supplier of products;
35) the scheme of confirmation of conformity – methods of determination of compliance of object with the requirements, established by the technical regulations, standards or agreements, with description of particular phases of performance of this work (testing, evaluation of production, assessment of quality management system, analysis of regulatory and technical documentation and other);
36) Is excluded by Law of the republic of Kazakhstan No. 31-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication);37) certification – procedure, by which the body on confirmation of conformity certifies compliance of production, service with the established requirements;
38) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);39) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);
40) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);
40-1) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);
41) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);
42) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);
43) testing laboratory (center) (hereinafter – laboratory) – a legal entity or structural subdivision of legal entity, acting on his behalf, carrying out research, testing;
44) technical barrier – barrier, arising due to the difference or variability of requirements, containing in technical regulations and standards;
45) technical regulation is a normative legal act that establishes mandatory requirements for products and (or) processes of their life cycle, developed and applied in accordance with the legislation of the Republic of Kazakhstan in the field of technical regulation;
46) technical regulation is a legal regulation of relations in the field of establishment, application and implementation of mandatory requirements for products or related design processes (including research), production, construction, installation, commissioning, operation, storage, transportation, sale and disposal, as well as in the field of conformity assessment;
47) Is excluded by Law of the Republic of Kazakhstan No. 31-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication);48) technical expert – an individual, own special knowledge or experience in relation of the object, subject to confirmation of conformity;
48-1) Technical Secretariat - an organization determined by the authorized body to carry out activities to verify the correctness and validity of the registration of vehicle type approval, chassis type approval, the assignment of international identification codes to vehicle manufacturers;
49) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).50) an authorized body – state body, carrying out the state regulation in the field of technical regulation;
51) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);52) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);
53) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);
53-1) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);
54) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);
55) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).;
Footnote. Article 1 is in the wording of Law of the Republic of Kazakhstan No. 209 dated 29.12.2006 (see Article 2 for the enactment procedure); as amended by Laws of the Republic of Kazakhstan No. 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure); No. 562-IV dated 16.02.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 31-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 269-V dated 29.12.2014 (shall be enforced from 01.01.2015); № 376-V dated 29.10.2015 (shall be enforced from 01.01.2016); № 419-V dated 24.11.2015 (shall be enforced from 01.01.2016); № 69-VI dated 13.06.2017 (shall be enforced upon expiry of ten calendar days after the day its first official publication); No 124-VI dated 26.12.2017 (shall be enforced from 01.01.2018) ; dated 26.12.2017 No. 124-VI (shall be enforced dated 01.01.2018); dated 24.05.2018 No. 156-VI (shall be enforced upon the expiration of ten calendar days after its first official publication); dated 05.10.2018 No. 184-VI (effective six months after its first official publication).
Article 2. The legislation of the Republic of Kazakhstan in the field of technical regulation
Footnote. The title of Article 2 is in the wording of Law of the Republic of Kazakhstan № 31-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication).1. The legislation of the Republic of Kazakhstan in the field of technical regulation is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts.
2. If the international treaty, ratified by the Republic of Kazakhstan establishes the other rules, than those provided by this Law, the rules of international treaty shall be applied.
Footnote. Article 2 as amended by Law of the Republic of Kazakhstan No. 31-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication).Article 3. The scope of application of this Law
1. excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the date of its first official publication).2. Objects of technical regulation shall be the products, service, and processes.
3. Subjects of technical regulation shall be the state bodies, as well as individuals and legal entities, carrying out an activity in the territory of the Republic of Kazakhstan and possessing a right of use in relation of objects of technical regulation in accordance with the civil legislation of the Republic of Kazakhstan.
Footnote. Article 4 with the change introduced by the Law of the Republic of Kazakhstan dated 05.10.2018 No. 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 4. Basic purposes and principles of technical regulation
1. Basic purposes of technical regulation shall be:
1) in the field of compulsory regulation:
safety ensuring of products, processes for human life and health and environment, as well as plant and animal life;
national security protection;
prevention of actions, misleading of consumers about the safety and quality of products and service;
elimination of technical barrier on trade.
2) is excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).2. Technical regulation shall be based on the principles:
1) unity and integrity of the state system of technical regulation;
1-1) establishment of unified mandatory requirements in technical regulations, as well as in technical regulations of organizations which party the Republic of Kazakhstan is;
2) application of the unified terminology, rules of establishing requirements to the products, service, processes;
3) practicality and achievability of purposes of technical regulation, ensuring the equal possibilities for participation in the processes of technical regulation, balance of interests of the state and interested parties;
4) equality of requirements to the domestic and imported products, service and procedures of confirmation of its compliance with the established requirements;
5) priority use of achievements of science and technology, standards of international and regional organizations upon development of technical regulations and standards;
6) compliance with the requirements of technical regulations to the level of development of economy, material and technical basis and scientific and technical development of the state;
7) availability of technical regulations and information on them, on the order of their development, approval, publication, except for information constituting state secrets and other secrets protected by law;
8) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).9) unified system and rules of confirmation of conformity;
10) inadmissibility of combining of powers by one body on accreditation and confirmation of conformity;
11) inconsistency of functions of the state control and conformation of conformity in the one state body;
12) independence of bodies on confirmation of conformity from producers (executors), sellers and buyers;
13) inadmissibility of restriction of competition in the works on confirmation of conformity.
Footnote. Article 4 as amended by Law of the Republic of Kazakhstan No. 209 dated 29 December, 2006 ( see Article 2 for the enactment procedure); № 376-V dated 29.10.2015 (shall be enforced from 01.01.2016) No. 184-VI dd. 05.10.2018 (shall be enforced upon the expiration of six months after the date of its first official publication).Article 5. Structure of the state system of technical regulation
Structure of the state system of technical regulation shall be:
1) The Government of the Republic of Kazakhstan;
2) an authorized body;
3) the state body within its competence;
3-1) body on accreditation;
3-2) National standards body;
4) expert councils in the field of technical relation upon state bodies;
5) Information center on technical barriers on trade, sanitary and phytosanitary measures (hereinafter – Information center);
6) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (entered into force six months after the date of its first official publication).7) bodies on confirmation of conformity, laboratories;
8) experts-auditors on confirmation of conformity, accreditation, determination of the country of origin of goods, the status of goods of the Eurasian Economic Union or foreign goods;
9) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Footnote. Article 5 as amended by Laws of the Republic of Kazakhstan dated 29.12.2006 No. 209 (the order of enforcement see Article 2); dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2017 № 124-VI (shall be enforced dated 01.01.2018); dated 05.10.2018 № 184-VI (shall be enforced dated six months after the date of its first official publication).
Article 6. Competence of the Government of the Republic of Kazakhstan in the field of technical regulation
Competence of the Government of the Republic of Kazakhstan in the field of technical regulation shall include:
1) development of basic directions of the state policy in the field of technical regulation;
2) formation of the state system of technical regulation;
3) provision of legal reform in the field of technical regulation;
3-1) determination of the authorized body to ensure state control (supervision) over compliance with the requirements of technical regulations;
4) Is excluded by Law of the Republic of Kazakhstan No. 124-V dated 03.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication);5) Is excluded by Law of the Republic of Kazakhstan No. 31-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication);
6) Is excluded by Law of the Republic of Kazakhstan No. 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
7) Is excluded by Law of the Republic of Kazakhstan No. 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
8) Is excluded by Law of the Republic of Kazakhstan No. 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
8-1) Is excluded by Law of the Republic of Kazakhstan No. 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
9) (Is excluded by Law of the Republic of Kazakhstan No. 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure);
10) Is excluded by Law of the Republic of Kazakhstan No. 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
10-1) Is excluded by Law of the Republic of Kazakhstan No. 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
11) Is excluded by Law of the Republic of Kazakhstan No. 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
12) excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication);
13) Is excluded by Law of the Republic of Kazakhstan No. 269-V dated 29.12.2014 (shall be enforced from 01.01.2015);
14) Is excluded by Law of the Republic of Kazakhstan No. 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
14-1) Is excluded by Law of the Republic of Kazakhstan No. 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);
14-2) excluded by the Law of the Republic of Kazakhstan dated 29.10.2015 № 376-V (shall be enforced dated 01.01.2016);
15) exercise other functions, imposed on it by the Constitution, the Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Footnote. Article 6 as amended by Laws of the Republic of Kazakhstan No. 209 dated 29.12.2006 (see Article 2 for the enactment procedure); No. 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure); No. 184 dated 11.07.2009 (see Article 2 for the enactment procedure); No. 400-IV dated 26.01.2011 (shall be enforced upon expiry of thirty calendar days after its first official publication); No. 452-IV dated 05.07.2011 (shall be enforced from 13.10.2011); No. 562-IV dated 16.02.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 31-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 124-V dated 03.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 203-V dated 16.05.2014 (shall be enforced upon expiry of six months after its first official publication); № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 269-V dated 29.12.2014 (shall be enforced from 01.01.2015) ; dated 29.10.2015 № 376-V (shall be enforced 01.01.2016); dated 24.05.2018 № 156-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 7. Competence of the authorized body
An authorized body shall exercise the following functions:
In the field of technical regulation:
1) participate in formation of the state system of technical regulation;
2) carry out realization of the state policy in the field of technical regulation;
3) carry out cross-sector coordination of activity of the state bodies, individuals and legal entities in the field of technical regulation;
3-1) develop and approve the rules of confirmation and registration of type approval of transport vehicle, type approval of chassis;
3-2) develop and approve rules for assigning international identification codes to vehicle manufacturers;
3-3) develop and approve the form of the certificate of assignment of the international identification code to the vehicle manufacturer;
4) Is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);4-1) develop a plan on development of technical regulation;
5) organize analysis and carrying out expert examination and technical regulations for compliance of the state policy in the field of technical regulation and purposes, provided by paragraph 1 of Article 4 of this Law;
6) interact with the expert councils on development of technical regulation, individuals and legal entities on issues of technical regulation;
7) represents the Republic of Kazakhstan in the international and regional organizations on confirmation of conformity and accreditation, participates in works on mutual recognition of results of confirmation of conformity;
8) organize maintenance of register of the state system of technical regulation;
8-1) is excluded by the Law of the RK from 05.10.2018 № 184-VI (entered into force six months after the day of its first official publication).9) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);
10) maintain the Information center;
11) develops, approves the procedure and organizes training, retraining, advanced training of experts-auditors on confirmation of conformity, accreditation, determination of the country of origin of goods, the status of goods of the Eurasian Economic Union or foreign goods and their certification, as well as develops and approves licensing requirements to them;
11-1) is excluded by Law of the Republic of Kazakhstan No. 184 dated 11.07.2009 (see Article 2 for the enactment procedure);12) organize and coordinate the work on conducting of the state control of compliance with the requirements, established by the technical regulations;
12-1) establishes the procedure for exempting and recalling products that do not meet the requirements of technical regulations;
13) (Is excluded by Law of the Republic of Kazakhstan No. 209 dated 29 December, 2006);
14) is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication);14-1) verifies the validity of the certificates of origin of goods, the reliability of the information contained therein, as well as checks the compliance of manufacturers with the criteria for determining the country of origin of goods based on the requests of the authorized bodies of the country of importation of goods;
15) is excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).16) create consultative and advisory bodies in order to ensure the safety of products, processes;
17) approve the technical regulations;
18) carry out expertize, coordination of developed technical regulations, coordination of suspension or cancel the action of technical regulations, as well as initiation of issues of suspension or cancel the action of technical regulations by industrial state bodies;
19) establish procedure of development, expertize, acceptance, change and cancellation of technical regulations;
20) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);21) approve the plan on development of technical regulations;
22) develop and approve the rules on determination of country of origin of goods, certificate issuing on origin of goods and cancellation of its action;
23) is excluded by Law of the Republic of Kazakhstan № 376-V dated 29.10.2015 (shall be enforced from 01.01.2016);24) organizes an evaluation of investment projects (carried out with state support) for compliance of final products with the requirements of technical regulation and metrology system;
25) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);26) Approves the rules for confirmation of conformity.
In the scope of standardization:
1) determine procedure of development, coordination, registration, expertise, changes, cancelation and introduction of national standards, preliminary national standards and classifiers of technical-and-economical information into effect, except for the military standards to the goods (products), works and services of military and double purpose;
2) organize analysis and development of standards, harmonized with technical regulations;
3) determine procedure of registration and application of international, regional standards and standards of foreign states, standards of organization, classifiers of technical-and-economical information, rules, regulations and recommendations of foreign states on standardizations, confirmation of compliance and accreditation in the territory of the Republic of Kazakhstan, except for their application in the standards of organization;
4) Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication)5) establish procedure of development of plans of the state standardization;
6) organize confirmation of translations of regulatory documents on standardization into the state and Russian languages;
7) is excluded by Law of the Republic of Kazakhstan № 376-V dated 29.10.2015 (shall be enforced from 01.01.2016);8) Is excluded by Law of the Republic of Kazakhstan No 269-V dated 29.12.2014 (shall be enforced from 01.01.2015);
9) determine procedure of development, ensuring of consensus, confirmation, recording, registration, designation, change, cancellation, actualization, storage, publication, distribution, observance of copyright of the developer and introduction of non-governmental standards into effect;
10) establish the forms of product index sheet.
11) develops and approves rules for attracting representatives of interested organizations to attend meetings of technical committees for standardization, international and regional standards organizations.
In the scope of confirmation of conformity:
1) is excluded by Law of the Republic of Kazakhstan No 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure);2) is excluded by Law of the Republic of Kazakhstan No 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure);
3) establish the forms of certificate of conformance, declaration on conformity, application-declaration, certificate on determination of origins of goods and organize their production;
3-1) Is excluded by Law of the Republic of Kazakhstan No. 203-V dated 16.05.2014 (shall be enforced upon expiry of six months after its first official publicatio);3-2) establish the forms of certificate on determination of country of origin of goods;
4) develop the rules of the state system of technical regulation;
5) establish an appeal commission for consideration of complaints (appeals);
6) prepare proposals on cancellation of documents on issues of confirmation of conformity, issued by other organizations, if they do not meet the requirements of the state system of technical regulation in accordance with the legislation of the Republic of Kazakhstan;
7) provide organization of work on interlabaratory comparative tests (comparison);
8) maintain a register of foreign and international organizations, notified on commencement of carrying out of activity on issuance of documents in the scope of confirmation of conformity of foreign sample in the territory of the Republic of Kazakhstan;
9) develop and approve the rules on verification of correctness and reasonableness of formation of type approval of transport vehicle, type approval of chassis;
An authorized body shall exercise 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 7 as amended by Laws of the Republic of Kazakhstan No. 209 dated 29.12.2006 (see Article 2 for the enactment procedure); No. 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure); No. 188-IV dated 17.07.2009 (see Article 2 for the enactment procedure); No. 184 dated 11.07.2009 (see Article 2 for the enactment procedure); No. 258-IV dated 19.03.2010; No. 378-IV dated 06.01.2011 (shall be enforced upon expiry of ten calendar days after its first official publication); № 400-IV dated 26.01.2011 (shall be enforced upon expiry of thirty calendar days after its first official publication); № 452-IV dated 05.07.2011 (shall be enforced from 13.10.2011); No. 31-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 36-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 81-V dated 06.03.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 124-V dated 03.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 130-V dated 04.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 203-V dated 16.05.2014 (shall be enforced upon expiry of six months after its first official publication); No. 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication); No 269-V dated 29.12.2014 (shall be enforced from 01.01.2015); № 376-V dated 29.10.2015 (shall be enforced from 01.01.2016); 124-VI dated 26.12.2017 (shall be enforced from 01.01.2018); dated 26.12.2017 № 124-VI (effective from 01.01.2018); dated 24.05.2018 № 156-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 8. Competence of the state of bodies in the field of technical regulation
State bodies within its competence in the field of technical regulation shall carry out:
1) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).1-1) approval, cancellation, suspension of technical regulations, as well as introduction of amendments in the technical regulations on issues, including in their competence on coordination with the authorized body;
2) preparation and introduction of proposals on development of technical regulations or changes and (or) additions to technical regulations in the order established by the legislation of the Republic of Kazakhstan;
3) organization of work on development of technical regulations;
4) creation of expert councils for development of projects of technical regulations, preparation of proposals on issues, including to the competence of the state bodies;
5) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);6) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);
6-1) development and execution of plans of measures on implementation of technical regulations, as well as Custom union;
7) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);8) preparation of proposals on creation of bodies on confirmation of conformity and laboratories on products subject to obligatory confirmation of conformity;
9) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);10) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication);
11) 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.
The Ministry of Defense of the Republic of Kazakhstan determines the procedure for the development, reconciliation, accounting, approval, examination, modification, cancellation and enactment of military standards for military goods, dual-use goods (products), military work and military services.
Footnote. Article 8 as amended by Laws of the Republic of Kazakhstan No. 209 dated 29.12.2006 (see Article 2 for the enactment procedure); No. 452-IV dated 05.07.2011 (shall be enforced from 13.10.2011); No. 31-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 124-V dated 03.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication); № 69-VI dated 13.06.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); 124-VI dated 26.12.2017 (shall be enforced from 01.01.2018); dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the date of its first official publication).Article 8-1. The body on accreditation
(Is excluded by Law of the Republic of Kazakhstan No. 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure).Article 8-2. Powers of the national standards body in the field of technical regulation
National standards body:
1) participates in the implementation of the state policy in the field of technical regulation;
2) participates in the development of technical regulations;
3) exercises other powers established by the legislation of the Republic of Kazakhstan in the field of technical regulation.
Footnote. The Law is supplemented by Article 8-2 in accordance with the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 9. Expert councils in the field of technical regulation upon state bodies
1. Expert councils in the field of technical regulation upon state bodies shall be created for development of projects of technical regulations, preparation of proposals on issues, including in the competence of the state bodies, in the scope, related with development and application of technical regulation.
2. Composition and regulation on expert councils in the field of technical regulation upon state bodies shall be approved by the state bodies.
Composition of expert council shall include representatives of the state bodies, technical committees on standardization and other interested parties.
Article 10. Information system
1. The Information Centre shall be established and operate in accordance with the procedure determined by the Government of the Republic of Kazakhstan for interaction with the Secretariat of the World Trade Organization, members of the World Trade Organization, international and foreign standardization organizations for the purpose of consulting and providing interested parties and foreign countries with copies of documents and information on (about) their requests:
1-1. Interaction with the Secretariat of the World Trade Organization and members of the World Trade Organization on issues related to the obligations of the Republic of Kazakhstan in the World Trade Organization shall be carried out through the World Trade Organization Information Center.
1) effectual or developed technical regulations, veterinary-sanitary, sanitary and phytosanitary measures, changes to them, and procedures of conformation of conformity of products, service;
2) membership or participation of the Republic of Kazakhstan in international organizations and international treaties in the field of standardization, conformation of conformity, accreditation, veterinary science, sanitary science and phytosanitary, bilateral and multilateral nature;
3) sources of publication of projects of developed and adopted technical regulations, standards,, veterinary-sanitary, sanitary and phytosanitary measures and procedure of confirmation of conformity of products, service or information on them.
2. Information, provided in paragraph 1 of this Article shall be placed in official print publications of the authorized body and information system of general use in the form of notification. Forms, procedure of filling and presentation of notifications shall be determined by the authorized body.
Footnote. Article 10 is in the wording of Law of the Republic of Kazakhstan No. 31-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication) with the changes introduced by the laws of the Republic of Kazakhstan dated 02.04.2019 № 241-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).Article 11. Technical committees on standardization
A footnote. Article 11 is excluded in accordance with the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 12. Bodies on confirmation of conformity
1. Bodies on confirmation of conformity – organization irrespective of their form of ownership, irrespective of producers (executors) of the products (service), having in the state of experts – auditors on confirmation of conformity and in the cases, provided by the legislation of the Republic of Kazakhstan of laboratory on attached directions of activity, accredited according to the procedure, established by the legislation of the Republic of Kazakhstan on accreditation in the field of conformity assessment.
Bodies on confirmation of conformity, as well as foreign, shall subject to accreditation according to the procedure, established by the Government of the Republic of Kazakhstan.
Branches of bodies on confirmation of conformity shall be accredited in the composition of bodies on confirmation of conformity according to the procedure, established by the Government of the Republic of Kazakhstan.
2. Bodies on confirmation of conformity shall use the results of tests, accredited by the laboratories for the purposes of compulsory confirmation of conformity.
3. Bodies on confirmation of conformity shall exercise the following functions under the terms of agreement with applicant within the field of accreditation:
1) consider the applications of producers (executors), sellers to performance of works on compulsory confirmation of conformity, identify the products, service, provided for confirmation of conformity;
2) conduct the works on compulsory and voluntary confirmation of conformity;
3) conduct the works, necessary for acceptance of the declaration of conformity, on applications of producers (executors),
4) register declarations of conformity and application – declaration;
5) carry out a supervisory control of products, undergoing the compulsory confirmation of conformity according to the scheme of confirmation of conformity, in case of revelation of its non-conformity to the established requirements, suspend or cancel the validity of issued certificates of conformity or validity of registration of declaration of conformity according to the procedure, determined by the authorized body;
6) maintain a register of issued certificates of conformity and registered declarations on conformity.
4. Bodies on confirmation of conformity shall have a right to:
1) make the compulsory and voluntary confirmation of conformity of objects within the field of accreditation on application of producer (executor), seller;
2) (Is excluded by – No. 209 dated 29 December, 2006).3) request the presentation of documents, necessary for performance of works on confirmation of conformity from the applicant.
5. Bodies on confirmation of conformity shall be obliged to:
1) provide the applicant with an unimpeded access to information on rules and conditions of confirmation of conformity;
2) not allow discrimination in relation to the applicant;
3) carry out an electronic recording of data on registered declarations on conformity, issued certificates on conformity, on refusals in certification and their transfer according to the procedure, established by the authorized body;
4) ensure confidentiality of information, that is commercial interest of applicant, independent from country of origin of products, service.
6. Bodies on confirmation of conformity and experts – auditors shall bear responsibility for violation of rules of compulsory confirmation of conformity and illegal issuing of certificate of conformity, registration of declarations of conformity in application-declaration in accordance with the Laws of the Republic of Kazakhstan.
7. Bodies on confirmation of conformity shall not have a right to render the consulting services in the field of accreditation and shall not be affiliated with persons, rendering these services.
8. The body on confirmation of conformity shall have a beneficially owned laboratory of economic management, operational administration, providing the tests of objects, provided by accreditation scope of body on confirmation of conformity, in the volume, determined by the authorized body.
Footnote. Article 12 as amended by Laws of the Republic of Kazakhstan No. 171 dated 07.07.2006 (see Article 2 for the enactment procedure); No. 209 dated 29.12.2006 (see Article 2 for the enactment procedure); No. 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure); No. 31-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 203-V dated 16.05.2014 (shall be enforced upon expiry of six months after its first official publication).Article 13. Laboratories
1. (Is excluded by Law of the Republic of Kazakhstan № 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure).
2. (Is excluded by Law of the Republic of Kazakhstan № 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure).
3. Laboratories on terms of agreement with bodies on confirmation of conformity or other applicants shall:
1) carry out a test of objects for the purposes of compulsory or voluntary confirmation of conformity within its field of accreditation;
2) provide reliability of results of tests; 3) execute and issue the results of works according to the procedure and in forms, which are established by the body;
4) carry out other activity in accordance with the legislation of the Republic of Kazakhstan.
3-1. (Is excluded by Law of the Republic of Kazakhstan № 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure).
4. Laboratories shall bear responsibility for presentation of unreliable results of tests of objects upon their confirmation in accordance with the Laws of the Republic of Kazakhstan.
5. Is excluded by Law of the Republic of Kazakhstan № 376-V dated 29.10.2015 (shall be enforced from 01.01.2016).Footnote. Article 13 as amended by Laws of the Republic of Kazakhstan No. 209 dated 29.12.2006 (see Article 2 for the enactment procedure); No. 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure); № 269-V dated 29.12.2014 (shall be enforced from 01.01.2015); № 376-V dated 29.10.2015 (shall be enforced from 01.01.2016).
Article 14. Rights and obligations of individuals and legal entities in the field of technical regulation
1. Individuals and legal entities in the field of technical regulation shall:
1) prepare proposals on development, change, cancellation of technical regulations, draft normative legal acts in the field of technical regulation;
2) in case of necessity for the purposes provided by point 1 of article 4 of the present Law, create corresponding divisions and services.2. Individuals and legal entities, selling the products, subject to confirmation of conformity, provide confirmation of their compliance with the requirements, established by the technical regulations, in accordance with this Law.
Footnote. Article 14 as amended by Laws of the Republic of Kazakhstan No. 209 dated 29.12.2006 (see Article 2 for the enactment procedure); No. 31-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 15. Unified state fund of standard technical documents
A footnote. Article 15 is excluded in accordance with the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 16. Competence of experts – auditors on confirmation of conformity, accreditation
1. Competence of experts – auditors on confirmation of conformity shall participate in performance of works on confirmation of conformity of defined types of products, service in the composition of body on confirmation of conformity.
Individuals shall have a right to carry out an activity as an expert-auditor on confirmation of conformity only in the composition of one body on confirmation of conformity or laboratory.
Experts-auditors on confirmation of conformity shall have a right to execute works on confirmation of conformity of particular products, service, if they present the interests of applicant or are in the labour or other contractual relations with them.
2. Is excluded by the Law of the Republic of Kazakhstan dated 11.07.2009 No. 184 (the order of enforcement see Article 2).3. Is excluded by the Law of the Republic of Kazakhstan dated 05.07.2009 No. 62 - IV (the order of enforcement see Article 2).
4. Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31 - V (shall be enforced upon expiry of ten calendar days after its first official publication).
5. Attestation of expert-auditors shall be carried out once every five years according to the procedure, determined by the authorized body.
Footnote. Article 16 as amended by the Laws of the Republic of Kazakhstan dated 29.12.2006 No. 209 (the order of enforcement see Article 2); dated 05.07.2008 No. 62-IV (the order of enforcement see Article 2); dated 11.07.2009 No. 184 (the order of enforcement see Article 2); dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication).Article 16-1. Expert organization and experts-auditors to determine the country of goods origin, the status of goods of the Customs Union or of foreign origin
The expert authority shall certify and issue certificates of expertise on the origin of goods, on the determination of the status of goods of the Eurasian Economic Union or foreign goods, drawn up by experts-auditors to determine the country of origin of goods, the status of goods of the Eurasian Economic Union or foreign goods, except for certificates of expertise on the origin of goods for export and re-export.
1. The expert organization certifies and issues certificates of expertise on the origin of goods, determination of goods status of the Customs Union or of foreign origin compiled by expert - auditors to determine the country of goods origin, the status of goods of the Customs Union or foreign goods.
1-1. When exporting goods, the expert authority shall not certify and issue certificates of expertise on the origin of goods.
2. Experts-auditors on determination of the country of goods origin, the status of goods of the Customs Union or foreign goods carry out their activities as part of one expert organization.
3. Attestation of experts-auditors for determining the country of goods origin, the status of goods of the Customs Union or foreign goods is carried out by the commission for attestation of experts-auditors to determine the country of origin of goods, the status of goods of the Customs Union or foreign goods, which is created by the authorized body.
The membership of the commission for attestation of expert auditors on determining the country of goods origin, the status of goods of the Customs Union or foreign goods includes expert auditors for determining the country of goods origin, the status of goods of the Customs Union or foreign goods, representatives of the authorized body, the National Chamber of Entrepreneurs of the Republic of Kazakhstan and other organizations.
Attestation of expert auditors for determining the country of goods origin, the status of goods of the Customs Union or foreign goods is carried out once in five years in the manner determined by the authorized body.
4. Experts-auditors on determining the country of goods origin, the status of goods of the Customs Union or foreign goods carry out their activities in the manner determined by the authorized body.
5. Experts-auditors on determining the country of goods origin, the status of goods of the Customs Union or foreign goods, are prohibited to draw up acts of expertise of goods origin, on determination the status of goods of the Customs Union or foreign goods if the submitted data on the goods are falsified and / or unreliable.
The commission for certification of expert auditors for determining the country of origin of goods, the status of goods of the Eurasian Economic Union or foreign goods includes experts-auditors to determine the country of origin of goods, the status of goods of the Eurasian Economic Union or foreign goods, representatives of the authorized body, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, the National Authority for Standardization and other organizations.
Footnote. The Law is supplemented with Article 16-1 in accordance with Law No 184 dated 11.07.2009 (see Article 2 for the enactment procedure); in the new wording of Law of the Republic of Kazakhstan № 124-VI dated 26.12.2017 (shall be enforced from 01.01.2018); The Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); 05.10.2018 No. 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Chapter 2. Technical regulations
Article 17. General provisions
1. Technical regulations shall be developed and applied for the purposes, provided by paragraph 1 of Article 4 of this Law.
2. Requirements, established by technical regulations are compulsory, shall have a direct effect over the whole territory of the Republic of Kazakhstan and may be changed by introduction of amendments and (or) additions in the relevant technical regulations.
3. Requirements, determined by technical regulations, shall be established and applied similarly and in equal measure independent from country of origin and (or) place of origin of products, except for establishment and application of sanitary and phytosanitary measures, directed to prevention of penetration of diseases to the Republic of Kazakhstan, borne by animal and plant or products produced from these.
Criterions of necessity, requirements and procedures of sanitary and phytosanitary measures shall be based on the extent of the actual scientifically based risk of causing harm of such products in all its processes.
4. Requirements, determined by technical regulations to the processes, shall be established and applied only in the case, if they are able to achievement of objectives, provided by paragraph 1 of Article 4 of this Law.
5. Requirements, established by technical regulations shall not create obstacles for the entrepreneurial activity in a greater degree, than it’s necessary for the achievement of objectives, provided by paragraph 1 of Article 4 of this Law.
6. In the case of inconsistency of technical regulation to the interests of state policy, development of material and technical basis and technological level, as well as international treaties, ratified by Republic of Kazakhstan, authorized body shall be obliged to start the procedure for cancellation or introduction of amendments in such regulatory legal act.
7. Technical regulation shall stipulate terms and conditions of introduction it into effect, establishing the time of transitional period, during of which the issues for entering into force of technical regulation, development and (or) corrections of regulatory or technical documentation, as well as issues, related with products release shall be taken into account.
8. Requirements of technical regulations are considered to be met if interrelated standards were used in the production of products.
Analysis and systematization of interrelated standards are carried out by the National Authority for Standardization in accordance with the legislation of the Republic of Kazakhstan in the field of standardization.
In the production of products may use other standards, provided that they ensure compliance with the requirements and norms established by technical regulations.
Dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 18. The content of the technical regulations
1. Technical regulations in recognition of extent of risk of causing of harm shall establish the baseline minimum requirements, ensuring the safety of products, processes.
2. Technical regulations shall contain:
1) an exhaustive list of products, processes, on which its requirements are distributed;
2) requirements to the characteristics of products, processes, ensuring achievement of objectives of adoption of technical regulation.
Selection rules of samples and tests of products, rules and forms of confirmation of conformity (as well as the schemes of confirmation of conformity) and (or) requirements to terminology, package, marking or labeling and rules of their marking may be contained in the technical regulation.
3. Technical regulation shall not contain requirements to the design and execution of products, except for the cases, when due to the lack of requirements to design and execution in recognition of degree of risk of causing of harm is not provided for achievement of objectives, provided by paragraph 1 of Article 4 of this Law.
4. Regulations and standards of foreign states, international and regional organizations may be applied as the basis upon development of technical regulations in whole or in part, if they correspond to the purposes, provided by paragraph 1 of Article 4 of this Law.
5. In the case, if it is impossible to determine requirements to the products, sustained use of which may inflict harm, marking of which depends on factors that are not allow to determine the degree of acceptable risk, technical regulations shall contain requirements, concerning information of consumer on possible harm of products and factors, on which it depends.
6. Special requirements to the objects of technical regulations may be contained in the technical regulations in recognition of degree of risk of causing of harm:
1) providing protection of certain categories of citizens (minors, pregnant women, nursing mothers, disabled persons);
2) applied in separate administrative-territorial units of the Republic of Kazakhstan if the absence of such requirements due to climatic and geographical features lead to not achieving of purposes, provided by paragraph 1 of Article 4 of this Law;
3) transfrontier hazardous production facilities, which in the case of man-caused emergency constitute a danger to life and health of person, environment of the Republic of Kazakhstan and other neighboring states.
7. The technical regulations establish requirements ensuring the safety of products and processes.
Footnote. Article 18 as amended by Law of the Republic of Kazakhstan No. 209 dated 29 December, 2006 (see Article 2 for the enactment procedure) dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 19. Features of development, expertize, acceptance, amendment and cancellation of technical regulation
1. Technical regulation, amendments and (or) additions in the technical regulations shall be developed, applied and subject to cancellation according to the procedure, established in recognition of provisions of this Law.
2. Proposals for the development, modification, amendment or cancellation of technical regulations are prepared by the state bodies, which are competent to establish mandatory rules and regulations, taking into account the proposals of the technical committees on standardization, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, the National Authority for Standardization, stakeholders and are submitted to the authorized body.
3. An authorized body shall form a draft plan on development of technical regulation and present it in the Government of the Republic of Kazakhstan for confirmation. An approved plan on development of technical regulations shall subject to publication during one month from the date of confirmation.
Financing of works on development of technical regulations shall not be allowed at the expense of budget funds, not provided in the plan on development of technical regulations.
4. State body, designed a project of technical regulation, shall place a notification of set form on development of a project, amendments and (or) additions or cancelation of technical regulation in the official print publication and information system not later than one month from the date of commencement of development of a project, amendments and additions or cancellation of regulatory legal act.
5. If the requirements, established by the technical regulations, are not meet requirements of relevant international standards or the relevant international standards are absent, or requirements, established by the technical regulations may have an impact on conditions of import into the Republic of Kazakhstan or export from the Republic of Kazakhstan of products, the state body, developing a project of technical regulation through the authorized body shall:
1) notify on list of products, on which the developed technical regulation, on its purpose and necessity of its development is distributed;
2) represent the comprehensive data on developed technical regulation or its copy with specification of regulations, content of which is not conform to requirements of international standards, at the request of interested parties and foreign states.
6. From the date of publication of notification on development of a project of technical regulation, its projects shall be available to the interested parties for examination.
7. A state body, developing a project of technical regulation shall:
1) organize a public discussion of the project;
2) update a project in recognition of received notes and place in the official print publication of the authorized body and information system of general use;
3) provide received notes on request of the interested parties to the project of technical regulations.
8. The term of public discussion of a project of technical regulation (from the date of publication of notification on termination of public discussion) shall be not less than sixty calendar days.
9. Notification on termination of public discussion of a project of technical regulation shall be published in the official print publication of the authorized body and information system of general use and shall contain information on the method of acquaintance with a project and list of received notes, the name of the state body, developing a project of technical regulation, its postal and e-mail address.
10. Final formulation of a project of technical regulation shall be represented for adoption according to the procedure, established by the legislation of the Republic of Kazakhstan.
11. The period of time, necessary for carrying out of measures on provision of compliance with its requirements shall be provided between the date of adoption and the date of entering into force or cancellation of technical regulation.
12. In case of necessity of development, adoption and entering into force of technical regulation, due to emergency circumstances (immediately dangerous to life and health, environment and national security), technical regulation shall be adopted without its public discussion.
Notification on adopted technical regulation shall be published in the official print publication of the authorized body and information system of general use, as well as directed to the Secretariat of World Trade organization.
Footnote. Article 19 as amended by Laws of the Republic of Kazakhstan No. 209 dated 29.12.2006 (see Article 2 for the enactment procedure); No. 130-V dated 04.07.2013 (shall be enforced upon expiry of one year after its first official publication) dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Chapter 3.Standardization. General provisions
Article 20. Regulatory documents on standardization of the Republic of Kazakhstan
A footnote. Article 20 is excluded in accordance with the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 21. National standards
A footnote. Article 21 is excluded in accordance with the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 21-1. Preliminary of national standards
A footnote. Article 21-1 is excluded in accordance with the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 21-2. Non-governmental standards and standards of consortium
A footnote. Article 21-2 is excluded in accordance with the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 22. National classifiers of technical-and-economical information
A footnote. Article 22 is excluded in accordance with the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 23. Standards of organizations and recommendation on standardization in the Republic of Kazakhstan
A footnote. Article 23 is excluded in accordance with the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 24. Application of international, regional standards and regulatory documents on standardization of foreign states
A footnote. Article 24 is excluded in accordance with the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 25. Work planning on the state standardization
A footnote. Article 25 is excluded in accordance with the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 25-1. Cataloging system of products
A footnote. Article 25-1 is excluded in accordance with the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Chapter 4. Confirmation of conformity
Article 26. Confirmation of conformity of products and processes to the established requirements
1. The objects of conformity confirmation are products (except for medicines and medical devices) and processes.
1-1. Certification of means of protection of information constituting state secrets is carried out in accordance with the legislation of the Republic of Kazakhstan on state secrets.
2. Confirmation of compliance of products with the requirements, established by the technical regulations shall be conducted by:
1) producer (executor) of products in the form of acceptance of declaration on conformity;
2) consumer of products in the form of conducting of certification on its instruction by the body on confirmation of conformity;
3) body on confirmation of conformity in the form of conducting of certification and issuance of certificate of conformance.
3. Work management on confirmation of conformity shall be carried out within the frame of state system of technical regulation.
4. The state system of technical regulation shall ensure conducting of unified policy in the scope of confirmation of conformity and establish the basic rules and procedures of confirmation of conformity, training and attestation of expert-auditors, maintenance of register of system and other requirements, necessary for realization of purposes of confirmation of conformity.
5. Confirmation of conformity of products shall have a compulsory or voluntary character in the territory of the Republic of Kazakhstan.
6. Foreign and international organizations, issuing the documents in the scope of confirmation of conformity of foreign sample, shall have a right to carry out an activity in the territory of the Republic of Kazakhstan with notification of the authorized body on commencement of activity according to the procedure, established by the Law of the Republic of Kazakhstan “On administrative procedures”.
Footnote. Article 26 as amended by Laws of the Republic of Kazakhstan No. 209 dated 29.12.2006 (see Article 2 for the enactment procedure); No. 34-V dated 10.07.2012 (shall be enforced from the date of its official publication); No. 36-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 203-V dated 16.05.2014 (shall be enforced upon expiry of six months after its first official publication); dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication); The following information is subject to certification: from 28.12.2018 № 211-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).Article 27. Compulsory confirmation of conformity
1. Products, subject to the compulsory confirmation of conformity shall be determined by the technical regulations.
2. Compulsory confirmation of conformity shall be carried out in the forms of:
1) adoption of declaration on conformity by manufacturer (executor);
2) conducting of compulsory certification.
3. mandatory confirmation of conformity of products is carried out for compliance with the requirements established by technical regulations.
For the purposes of product identification, the application of standards of organizations is allowed, but the standards of organizations cannot be applied for conducting procedures of mandatory conformity assessment.
4. Schemes of confirmation of conformity shall contain the methods of establishment of conformity (test, assessment of production, system assessment of quality management, analysis of technical documentation, supervisory control) and shall be applied by the bodies on confirmation of conformity and (or) producers (executors) of products upon conducting of compulsory certification or adoption of declaration on conformity.
Upon compulsory confirmation of conformity of products may be attracted the technical experts.
5. Products, previously used, imported for exhibition and without its proper use, as well as delivered by humanitarian supplies shall not be related to the objects of compulsory confirmation of conformity, unless otherwise established by the technical regulations.
Footnote. Article 27 as amended by Law of the Republic of Kazakhstan No. 209 dated (see Article 2 for the enactment procedure); No. 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure); № 376-V dated 29.10.2015 (shall be enforced from 01.01.2016); No. 184-VI of 05.10.2018 (shall be enforced upon the expiration of six months after the day of its first official publication).Article 27-1. Verification of correctness and reasonableness of formation of type approval of transport vehicle, type approval of chassis
1. Verification of correctness and reasonableness of formation of type approval of transport vehicle, type approval of chassis shall be carried out for the purposes of approval and registration of type approval of transport vehicle, type approval of chassis.
2. Body on confirmation of conformity shall represent the list of documents, specified in the rules of verification of correctness and reasonableness of formation of type approval of transport vehicle, type approval of chassis to the technical secretariat.
3. Consideration of documents shall be carried out by the technical secretariat during thirty business days, calculated from the date of receipt.
4. In the case of incompleteness of presented documents and (or) their non-compliance with the requirements, established in the rules on verification of correctness and reasonableness of formation of type approval of transport vehicle, type approval of chassis, technical secretariat shall return presented documents with the annex of written motivated refusal to the body on confirmation of conformity during fifteen calendar days.
5. In the case of favorable decision, technical secretariat shall direct type approval of transport vehicle, type approval of chassis to the authorized body.
Footnote. Chapter 4 is supplemented by Article 27-1 in accordance with Law of the Republic of Kazakhstan No. 269-V dated 29.12.2014 (shall be enforced from 01.01.2015).Article 27-2. Approval and registration of direct type approval of transport vehicle, type approval of chassis
1. Approval and registration of direct type approval of transport vehicle, type approval of chassis shall be carried out in accordance with the rules on approval and registration of type approval of transport vehicle, type approval of chassis.
2. Technical secretariat shall provide the type approval of transport vehicle, type approval of chassis to the authorized body for approval and registration.
3. Approval and registration of direct type approval of transport vehicle, type approval of chassis shall be carried out by the authorized body during ten calendar days, calculated from the date of their receipt to the authorized body.
Footnote. Chapter 4 is supplemented by Article 27-2 in accordance with Law of the Republic of Kazakhstan No. 269-V dated 29.12.2014 (shall be enforced from 01.01.2015).Article 27-3. Assignment of international identification codes to vehicle manufacturers
1. Assignment of international identification codes to vehicle manufacturers shall be carried out by the Technical Secretariat in accordance with the rules for assignment of international identification codes to vehicle manufacturers.
The vehicle manufacturer shall send the list of documents in accordance with the rules of assignment of international identification codes to vehicle manufacturers to the technical secretariat in order to obtain the certificate of assignment of the international identification code to the vehicle manufacturer.
3. Consideration of documents on assignment of international identification codes to vehicle manufacturers shall be carried out within thirty calendar days calculated from the date of their receipt by the Technical Secretariat.
4. According to the results of consideration of the documents, a certificate of assignment of the international identification code to the vehicle manufacturer shall be issued to the vehicle manufacturer.
Footnote. Complemented by Article 27-3 in accordance with the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication).Article 28. Rights and obligations of producers (executors), sellers of products in the scope of confirmation of conformity
1. Producers (executors) and sellers of products shall have a right to:
1) choose the form and scheme of confirmation of conformity, provided for this products, requirements, established by the technical regulations;
2) apply to any body on confirmation of conformity, accreditation scope of which id distributed to the claimed products;
3) apply a conformity mark of the state system of technical regulation in the scope of confirmation of conformity to the products, undergoing the compulsory confirmation of conformity, unless otherwise provided by selected scheme of confirmation of conformity;
4) apply to the authorized body with complaints to illegal actions of bodies on confirmation of conformity and accredited laboratories in accordance with the legislation of the Republic of Kazakhstan;
5) apply to court for protection of their rights and legitimate interests.
2. Producers (executors), sellers of products, subject to the compulsory confirmation of conformity shall be obliged to:
1) ensure compliance of products with the requirements, established by the technical regulations;
2) ensure conducting of confirmation of conformity of products;
3) provide conditions for conducting of supervisory control of products, undergoing confirmation of conformity, if it is provided by selected scheme of confirmation of conformity;
4) sell the products only after confirmation of conformity;
5) provide necessary information, certificates of conformance (copies of certificates of conformance), declaration on conformity (copies of declarations of conformity) of products upon conducting of the state control;
6) specify information on certificate of conformity or declaration on conformity in the associated documentation;
7) suspend or terminate sales of products, if duration of certificate of conformity or declaration of conformity is expired or validity of certificate of conformity or declaration of conformity is suspended, canceled or terminated;
8) inform the body on confirmation of conformity on amendments, introduced in the technical documentation or technological processes of production of certified products;
9) suspend production of products, not relevant to the requirements, established by the technical regulations, on the results of confirmation of conformity.
Footnote. Article 28 as amended by Law of the Republic of Kazakhstan No. 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure).Article 29.Certificate of conformance
1. Certificate of conformance shall be issued to the applicant by the body on confirmation of conformity for the products upon condition of positive results of execution of all procedures according to the selected scheme of confirmation of conformity.
2. In the certificate of conformance shall be specified:
1) name and location of applicant, producer (executor) of products, body, issued a certificate of conformity;
2) name of certified products, allowing to identify it;
3) name of technical regulation, to the compliance with the requirements of which certification is conducted;
4) information on conducted researches (tests) and measurements;
5) information on documents, presented by applicant to the body on confirmation of conformity in evidence of compliance of products with the requirements, established by the technical regulations;
6) duration of certification.
3. Certificate of conformance shall be drawn up on letterhead paper, form and procedure of filling of which is established by the authorized body.
Certificate of conformance shall subject to registration in the body on confirmation of conformity, issued it.
4. Certificate of conformance for serial released products shall be issued for the term, established by the scheme of confirmation of conformity.
Validity of certification of conformance shall be distributed in over the whole territory of the Republic of Kazakhstan.
Article 30. Conformity mark
1. Conformity mark shall be intended for marking of products, undergoing procedure of confirmation of conformity.
2. Image of conformity mark, technical requirements and procedure of marking shall be established to them by the Government of the Republic of Kazakhstan.
3. Producer (executor), seller, received a certificate of conformance shall have a right to apply a conformity mark by any convenient ways for them, established by the rules of the state system of technical regulation in the scope of confirmation of conformity.
4. Marking of conformity mark for the products, subject to the compulsory confirmation of conformity and that did not undergo confirmation of compliance with the requirements, established by the technical regulations.
5. Products, marked by conformity mark may be accompanied by copies of certificate of conformance.
Footnote. Article 30 as amended by Laws of the Republic of Kazakhstan No. 452-IV dated 05.07.2011 (shall be enforced from 13.10.2011); No. 31-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication).Article 31. Declaration of conformity
1. Declaration of conformity shall be drawn up by producer (executor) of products, subject to the compulsory confirmation of conformity, in the case, if it is provided by the technical regulations, as well as on a voluntary basis in relation of any products, not subject to the compulsory confirmation of conformity.
2. (Is excluded by - No. 209 dated 29 December, 2006).3. Declaration of conformity shall contain:
1) name and location of applicant;
2) information about the object of confirmation of conformity, allowing to identify this object;
3) name of technical regulation, to the compliance with the requirements of which production is approved;
4) application of applicant on safety of products upon its use in accordance with purposive appointment and adoption of measures by applicant on assure compliance of products with the requirements, established by the technical regulations;
5) information on conducted researches (tests) and measurements, certificate of quality management system, as well as documents, constituted as a ground for confirmation of compliance of products with the requirements, established by the technical regulations;
6) duration of declaration on conformity;
7) other information, provided by the relevant technical regulations.
The form of declaration on conformity, procedure of drawing up and registration of declaration shall be established by the authorized body.
4. Declaration on conformity shall be applied for the term, established by producer (executor) of products, on the basis of planned period of release of this products, but not more than one year.
5. Declaration on conformity of products shall subject to registration in the body on confirmation of conformity, accreditation scope of which includes this type of products.
6. Declaration on conformity, drawn up and registered according to the procedure, established by the rules of the state system of technical regulation in the scope of confirmation of conformity, shall have effect over the whole territory of the Republic of Kazakhstan equally with certificate of conformance.
7. Declaration of conformity shall be carried out by:
1) adoption of declaration of conformity on the basis of own evidences;
2) adoption of declaration of conformity on the basis of evidences, received with participation of body on confirmation of conformity.
The list of materials, which may be used as the evidences for confirmation of conformity, shall be determined by the relevant technical regulations.
Technical documentation, results of own researches (tests) and measurements and (or) other documents, constituted a ground for confirmation of compliance of products with the requirements, established by the technical regulations, shall be used as the evidences.
Upon declaration of conformity on the basis of own evidences and evidences, received with participation of body on confirmation of conformity, an applicant shall have a right to use research reports (tests) and measurements, conducted in laboratory voluntary in addition to own evidences, represent certificate of quality management system.
Certificate of quality management system may be used as a part of evidences upon adoption of declaration of conformity of products, except for the case, if for such products other form of confirmation of conformity is provided by technical regulations.
8. First copy of declaration of conformity and materials, used as the evidences for confirmation of conformity shall be kept by the applicant during three years from the date of expiry of period of validity of declaration of conformity, and the second copy of declaration of conformity in the body on confirmation of conformity, registered it.
Footnote. Article 31 as amended by Law of the Republic of Kazakhstan No. 209 dated 29 December, 2006 (see Article 2 for the order of enforcement).Article 32. Conditions of circulation of products on the market, subject to the compulsory confirmation of conformity
1. Necessary condition of circulation of products on the market, subject to the compulsory confirmation of conformity (certification and declaration) shall be its compliance with the requirements, established by the technical regulations, approved in accordance with the established procedure.
2. Import and sales of products, subject to the compulsory confirmation of conformity, not undergone confirmation of conformity, shall be prohibited.
Advertising of products, subject to the compulsory certification and not undergone it in the Republic of Kazakhstan shall not be allowed.
3. Obligation on confirmation of conformity shall be provided in the agreements, concluded for supply of imported products, subject to the compulsory confirmation of conformity.
4. Accompaniment of products with information in the state and Russian languages, including the name of products, country and manufacturer (executor), storage time (validity, operation), storage conditions, method of application (if existence of specified information is regulated by technical regulations) shall be provided in agreements, concluded for supply of imported products, subject to the compulsory confirmation of conformity and intended for the trade.
Footnote. Article 32 as amended by Law of the Republic of Kazakhstan No. 209 dated 29 December, 2006 (see Article 2 for the order of enforcement).Article 33. Recognition of results of confirmation of conformity of foreign states
1. Certificates of conformance of foreign states, test certificates of products, conformity marks shall be recognized in accordance with international treaties or concluded agreements with international and regional non-state, non-government organizations on accreditation.
2. Procedure of recognition of foreign certificate of conformance, test certificates, conformity marks and other documents in the scope of confirmation of conformity shall be determined by the authorized body.
3. The provisions of this article do not apply to foreign certificates of conformity, test reports, conformity marks and other documents in the field of conformity assessment in respect of goods, works and services intended for the post-exhibition use of the territory of the international specialized exhibition, as well as the implementation of projects in special economic zones.
Footnote. Article 33 as amended by Laws of the Republic of Kazakhstan No. 31-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 151-V dated 03.12.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.12.2017 № 122-VI (shall be enforced dated 01.01.2018); dated 03.04.2019 № 243-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).Article 34. Voluntary confirmation of conformity of products, services, processes
1. Voluntary confirmation of conformity of products, services, processes, on which requirements, established by the technical regulations are not distributed, shall be conducted on the initiative and requirements of applicant.
Voluntary confirmation of conformity shall not substitute the compulsory confirmation of conformity of products, if it is established by the technical regulation.
2. Voluntary confirmation of conformity shall be conducted by the body on confirmation of conformity on a contractual basis.
3. (Is excluded – by No. 209 dated 29 December, 2006).Footnote. Article 34 as amended by Law of the Republic of Kazakhstan No. 209 dated 29.12.2006 (see Article 2 for the order of enforcement).
Chapter 5. Accreditation of bodies on confirmation of conformity and laboratories
Article 35. Accreditation
Accreditation of bodies on confirmation of conformity and laboratories shall be carried out in accordance with the legislation of the Republic of Kazakhstan on accreditation in the field of conformity assessment.
Footnote. Article 35 is in the wording of Law of the Republic of Kazakhstan No. 62-IV dated 05.07.2008 (see Article 2 for the order of enforcement).Article 36. Accreditation certificate
(Is excluded by Law of the Republic of Kazakhstan No. 62-IV dated 05.07.2008 (see Article 2 for the enactment procedure).Chapter 6. State control of compliance with the requirements, established by the technical regulations
Article 37. State bodies, carrying out the state control of compliance with the requirements, established by the technical regulations
1. State control of compliance with the requirements, established by the technical regulations (hereinafter – state control), shall be carried out by the authorized body, its territorial bodies, other state bodies, authorized to carry out the state control in accordance with the legislation of the Republic of Kazakhstan and their civil servants.
2. An authorized body and its territorial bodies, their civil servants shall carry out the state control in relation of products at the stage of its sales.
3. State bodies, authorized to carry out the state control and their civil servants shall:
1) hold activities on the state control on issues, entering the competence, according to the procedure, established by the legislation of the Republic of Kazakhstan;
2) take enforcement actions on suppression and non-admission of sales of products, not meeting the requirements, established by the technical regulations in accordance with the legislation of the Republic of Kazakhstan;
3) carry out activities on state control for conformity assessment of bodies and laboratories.
Footnote. Article 37 as amended by Law of the Republic of Kazakhstan No. 62-IV dated 05.07.2008 (see Article 2 for the order of enforcement); № 376-V dated 29.10.2015 (shall be enforced from 01.01.2016).Article 38. Objects of the state control
Objects of the state control of compliance with the requirements, established by the technical regulations shall be the products, processes, bodies on confirmation of conformity and laboratory, on which the action of technical regulation is distributed.
Article 39. Civil servants, carrying out the state control
1. Civil servants, carrying out the state control shall be included:
1) Chief state inspector of the Republic of Kazakhstan on the state control – head of the authorized body;
2) assistants of Chief state inspector of the Republic of Kazakhstan on the state control – assistants of the head of an authorized body;
3) chief state inspectors of regions, cities of republican significance, the capital on the state control – heads of territorial subdivisions;
4) assistants of chief state inspectors of regions, cities of republican significance, the capital and cities on the state control – assistants of the heads of territorial subdivisions and heads of their structural subdivisions;
5) state inspectors of regions, cities of republican significance, the capital and cities on the state control – specialists on the state control of territorial subdivisions.
2. Civil servants, carrying out the state control, listed in subparagraphs 3) – 5) of paragraph 1 of this Article, shall be certified according to the procedure, established by the state bodies within its competence.
3. State control in the field of technical regulation is carried out in the form of inspection and preventive control with a visit to the subject (object) of control in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.
Footnote. Article 39 as amended by Laws of the Republic of Kazakhstan No. 125 dated 31.01.2006; No. 188-IV dated 17.07.2009 (see Article 2 for the order of enforcement); No. 378-IV dated 06.01.2011 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 81-V dated 06.03.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); № 376-V dated 29.10.2015 (shall be enforced from 01.01.2016); dated 24.05.2018 № 156-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication).Article 40. Rights of civil servants, carrying out the state control
1. Civil servants, carrying out the state shall have a right to:
1) attend the objects in order to control in the field of technical regulation concerning compliance with the requirements of the Laws of the Republic of Kazakhstan, decrees of the President of the Republic of Kazakhstan and provisions of the Government of the Republic of Kazakhstan in the field of technical regulation;
2) receive the documents and information, necessary for conducting the state control, from individuals and legal entities according to the procedure, established by the legislation of the Republic of Kazakhstan;
3) hold selection of tests and samples of products for the state control:
with allocation of cost of expended samples and expenses for performance of tests (analysis, measurements) at the expense of budget funds in the case of compliance of products with the requirements, established by the technical regulations;
with allocation of cost of expended samples and expenses for performance of tests (analysis, measurements) at the expense of verified persons in the case of inconsistency of products to the requirements, established by the technical regulation;
4) request presentation of declaration of conformity or certificate of conformance, approving compliance of products with the requirements, established by the technical regulations, or their copies, if application of such documents is provided by the relevant technical regulations, by producers (executors), sellers of products at the stage of sales of products;
5) issue instructions to rectify violations of requirements, established by the technical regulations and (or) on prohibition of sales of products within the term, determined in recognition of nature of violation, in the following cases:
inconsistency of products to the requirements, established by the technical regulations;
absence of certificates of conformance (copies of certificates of conformance), declarations of conformity (copies of declarations of conformity) for the products, subject to the compulsory confirmation of conformity;
marking the products with conformity mark without a right for that;
5-1) issue instructions to rectify violations of procedure ofdetermination of country of origin of goods, status of goods of Custom union and (or) foreign goods, certificate issuing on origin of goods, certificate of origin of goods for internal reference, conclusions of forms of goods of Custom union and (or) foreign goods, in which the product data unreliable;
6) suspend and (or) cancel the action of registration of issued declarations of conformity and certificates of conformance in the case of detection of inconsistency of products to the requirements, established by the technical regulations;
7) bring persons, selling the products not relevant to the requirements, established by the technical regulations, to responsibility in accordance with the Laws of the Republic of Kazakhstan;
8) participate in commissions on destruction of products in the case of recognition it as not suitable for selling and use according to the procedure, established by the Government of the Republic of Kazakhstan;
9) organize verification of reasons of inconsistency at any stage of product life cycle in the case of establishment of inconsistency of end products to the technical regulations;
10) apply to court according to the procedure, established by the legislation of the Republic of Kazakhstan.
2. Right of signature of instructions belongs to the chief state inspectors and their assistants.
Forms of instructions and procedure of their issuance shall be established by the authorized body.
3. Instructions, issued by civil servants of the state bodies, carrying out the state control, are compulsory for execution by all individuals and legal entities.
Footnote. Article 40 as amended by Laws of the Republic of Kazakhstan No. 209 dated 29.12.2006 (see Article 2 for the order of enforcement); No. 188-IV dated 17.07.2009 (see Article 2 for the order of enforcement); No. 452-IV dated 05.07.2011 (shall be enforced from 13.10.2011); No. 31-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 269-V dated 29.12.2014 (shall be enforced from 01.01.2015); No 124-VI dated 26.12.2017 (shall be enforced from 01.01.2018).Article 41. Obligations of civil servants, carrying out the state control
Civil servants, carrying out the state control shall be obliged to:
1) to conduct explanatory work on application of the legislation of the Republic of Kazakhstan in the field of technical regulation during the state control activities, inform the manufacturers (executors) and sellers about the existing technical regulations;
2) comply commercial and other legally protected secret;
3) comply with the procedure of carrying out of state control, established by the legislation of the Republic of Kazakhstan;
4) take measures on rectifying of discovered violations on the basis of conducted state control.
Footnote. Article 41 as amended by Law of the Republic of Kazakhstan No 376-V dated 29.10.2015 (shall be enforced from 01.01.2016).Article 42. Appeal of actions (omission) of civil servants, carrying out the state control
Action (omission) of civil servants, carrying out the state control may be appealed in accordance with the legislation of the Republic of Kazakhstan.
Article 43. Protection measures of civil servants, carrying out the state control
Civil servants, carrying out the state control, or their close relatives shall have a right to compensation for harm, caused to life and health in accordance with the legislation of the Republic of Kazakhstan, if such cases are related with performance of their official responsibilities.
Chapter 7. Responsibility of the state bodies, their civil servants, individuals and legal entities for nonobservance of the legislation of the Republic of Kazakhstan in the field of technical regulation
Article 44. Responsibility of the state bodies and their civil servants upon carrying out of the state control
1. State bodies and their civil servants shall bear responsibility in the case of non-performance or improper performance of their official responsibilities upon carrying out of measures on the state control and in the case of commission of illegal actions (omission) in accordance with the Laws of the Republic of Kazakhstan.
2. State bodies shall be obliged to inform individual and (or) legal entity, the rights and legal interests of which are violated, on measures, adopted in relation of civil servants of the state bodies, carrying out measures on the state control, guilty in violation of the legislation of the Republic of Kazakhstan.
Article 45. Responsibility of individuals and legal entities for nonobservance of the legislation of the Republic of Kazakhstan in the field of technical regulation
1. Individuals and legal entities (producer, executor, seller) shall bear responsibility in accordance with the Laws of the Republic of Kazakhstan for:
1) safety of products, sold in the market;
2) violation of requirements, established by the technical regulations;
3) non-execution of instructions and decisions of body, carrying out the state control, provided by Article 40 of this Law.
2. Harm, caused to life, health and property of citizen or property of legal entity shall subject to compensation in accordance with the civil legislation of the Republic of Kazakhstan in the result of inconsistency of products to the requirements.
Footnote. Article 45 as amended by Law of the Republic of Kazakhstan No. 209 dated 29 December, 2006 (see Article 2 for the order of enforcement).Chapter 8. Final and transitional provisions
Article 46. Transitional provisions
1. Requirements of relevant regulatory documents on standardization, directed to achievement of objectives of safety, established in paragraph 1 of Article 4 of this Law shall be compulsory in the territory of the Republic of Kazakhstan before entering into force of technical regulations in accordance with this Law.
2. Works on confirmation of conformity shall be carried out according to provisions of the Law of the Republic of Kazakhstan “On certification” before entering into force of relevant technical regulations in the scope of confirmation of conformity.
3. Regulatory documents on standardization, being in force in the Republic of Kazakhstan, duplicate or not relevant to them, shall subject to cancellation according to entering into force of technical regulations.
4. Documents on accreditation, issued in accordance with the established procedure by the body on confirmation of conformity and laboratories, before enforcement of this Law, as well as certificates, issued before enforcement of this Law shall be considered as valid until termination of term specified in it.
5. Technical regulation in relation of particular objects shall be carried out by the acts in a part, not contradicted to this Law before entering into force of relevant technical regulations.
Footnote. Article 46 as amended by Laws of the republic of Kazakhstan No. 209 dated 29.12.2006 (see Article 2 for the order of enforcement); No. 31-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication).Article 47. Procedure of enforcement of this Law
1. This Law shall be enforced upon expiry of six months after its first official publication.
2. Shall be considered to have lost force the following Laws of the Republic of Kazakhstan:
1) The Law of the Republic of Kazakhstan dated 16 July, 1999 “On standardization” (Bulletin of the Parliament of the Republic of Kazakhstan, 1999, No. 20, Article 724; 2003, No. 12, Article 82);
2) The Law of the Republic of Kazakhstan dated 16 July, 1999 “On certification” (Bulletin of the Parliament of the Republic of Kazakhstan, 1999, No. 20, Article 725; 2001, No. 1, Article, 7; No. 15-16, Article 231; No. 23, Article 321; 2003, N 12, Article 82).
3. The Laws of the Republic of Kazakhstan, specified in paragraph 2 of this Article, lose force, except for the cases, provided by Article 46 of this Law.
| The President |
| of the Republic of Kazakhstan |
