Unofficial translation
Footnote. Throughout the text, the word “admitted” shall be replaced with the word “recommended” under Law of the Republic of Kazakhstan № 424-V of 27.11.2015 (shall be enacted six months after the date of its first official publication).
This Law determined the legal, organizational and economic basis of carrying out activity in the field of livestock breading, directed to preservation and augmentation of gene pool of breading animals, as well as reproduction and improving their productive qualities, regulates activity of the state bodies, individuals and legal entities, engaged in the field of livestock breading.
Footnote. Preamble is in the wording of the Law of the Republic of Kazakhstan dated 14.12.2001 № 269.Chapter 1. GENERAL PROVISIONS
Article 1. Basic definitions used in this Law
The following basic definitions shall be used in this Law:
1) breeding uterus of bees - breading fertilized female, providing reproduction of the breeding bee-family;
2) breeding bee-family - highly productive family of thoroughbred, high-grade bees, steadfastly transfer of their breed features to offspring;
2-1) republican register of pedigree animals - a compilation of data on the number, breeds, directions of productivity of pedigree animals;
3) Is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication);4) pedigree certificate - a document confirming the pedigree, productive and other qualities of pedigree stock (material) issued by a national chamber according to the procedure established by the authorized body;
5) studbook – a set of data on the most valuable in origin, productivity and other quality of breeding animals of a certain breed;
6) breeding worth - the level of selectable traits of a breeding animal and the transferability of such traits to the offspring;
7) pedigree animal - a purebred animal that meets the breed standard and shall be registered in the Republican Chamber in the manner prescribed by the legislation of the Republic of Kazakhstan on pedigree animal husbandry;
8) an individual breeding animal card - a form of primary on-farm record keeping, containing data on the origin, productive and other qualities of the animal, prepared pursuant to the procedure established by the authorised body;
9) Excluded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall be brought into force sixty calendar days after the date of its first official publication).10) a distribution centre for sale of pedigree animal semen and embryos (hereinafter referred to as a distribution centre) - a legal entity having notified the authorized body responsible for pedigree livestock breeding of the commencement (cessation) of activities for acquisition, storage and sale of pedigree animal semen and embryos;
11) livestock breeding – a branch of livestock breeding, covered by the system of stock breeding, directed to the sale of animals with high genetic potential, their storage and breeding;
11-1) Excluded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall come into force sixty calendar days after the date of its first official publication);12) an authorized body in the field of livestock breeding (hereinafter – an authorized body) – the state body, carrying out management and implementation of state policy in the field of livestock breeding;
13) breeding centre - a legal entity that has informed the authorized body of the commencement (cessation) of activities for keeping breeding animals - producers, engaged in obtaining, accumulation, acquisition, storage and sale of seed of breeding animals - producers, embryos;
14) Is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication);15) pedigree stock (material) - a pedigree animal, as well as semen, embryos, hatching egg, day-old chickens, the eggs, larvae and young of fish, pedigree queen bees, pedigree honey bee colonies and package bees from pedigree animals;
16) breeding animal - a male animal of a breeding animal used for the reproduction of farm animals;
17) Is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication);18) Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 № 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
19) Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 № 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
20) farm animals (hereinafter – animals) – cultivated by person all species of animals, birds, fish and bees, directly related to agricultural production;
21) Is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication);22) Is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication);
23) bee package – an offshoot, separated from breeding bee-family, having in its composition a breeding fertilized uterus, brood (in the honeycomb package), live bees and bees feed required for transportation;
23-1) appraiser (classifier) - a natural person who has notified the authorised body of the commencement (termination) of activities for the provision of appraisal services;
23-2) bonitation - valuation of animals based on a set of economically useful characteristics (pedigree, productive qualities, exterior and constitutional features) and assignment of the appropriate class;
23-3) first category pedigree beef cattle - purebred cattle that meet the breed standard, have information on at least three lines of ancestry, confirmed paternal ancestry based on molecular genetic examination and registered with the National Chamber;
23-4) genomic evaluation - a predictive evaluation of the genetic value of the animal's breeding traits based on their genomic information, performed under the procedure determined by the authorised body;
24) second category beef cattle are purebred cattle that meet the breed standard, have information on at least three rows of ancestors and are registered with the Republic Chamber;
24-1) branding - marking a breeding animal by applying a number (tag, tattoo, taurus), fixing a tag and chip, ringing, allowing the precise identification of the respective animal;
24-2) pedigree - information on the origin of a breeding animal;
25) a line - group of breeding animals in a breed, originated from prominent ancestor, breeding and productive qualities of which are maintained and improved by corresponding system of selection and recruitment;
26) breed type – a group of animals, being a part of breed, having except for the properties general for this breed, and some distinctive features in terms of productivity, character of body build and constitution, better adaptation to the conditions of breeding areas, resistance to disease;
26-1) breeder - owner of an animal’s mother at the time of its birth;
27) index evaluation - a method of determining the level of pedigree value of an animal by breeding traits, performed under the procedure determined by the authorized body;
28) cross – a group of animals, originating from crossing a line with another line of animals;
29) hand breeding - pairing of individually selected animals under the supervision of a specialist;
30) grandparent herd of breeds and crosses of birds – male and female population of birds used for reproduction of parental herd of breeds and crosses of birds;
31) parental herd of breeds and crosses of birds - male and female population of birds, hybrid offspring of which is used for production of hatching eggs or meat;
31-1) specialized laboratory - an accredited legal entity or its structural subdivision acting on its behalf, as well as an accredited structural subdivision of a legal entity, engaged in molecular genetic expertise;
32) molecular genetic examination - examination of animal biological material aimed at assessing the authenticity of its origin and (or) detecting genetic anomalies;
33) breeding and pedigree work - a set of activities aimed at improving the breeding qualities of animals;
34) information base for breeding and pedigree work - an automated system enabling the collection, accumulation and processing of data on pedigree animals and animals involved in the breeding process, used to improve and enhance the genetic potential of animals, as well as to record pedigree products (material), accompanied by an operator designated by an authorised body;
34-1) a card of an agricultural animal involved in the breeding process - a form of primary on-farm accounting comprising data on its origin, productive and other qualities, prepared under the procedure prescribed by the authorized body;
34-2) a purebred animal is an animal that has been bred using a single breed since its approval;
35) Is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication);36) Is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication);
36-1) a thoroughbred animal is an animal produced as a result of:
the mating of thoroughbred parents of the same breed;
mating two animals of related, closely related breeds with at least 75 per cent of the blood of one of the two breeds;
crossing of unrelated breeds with at least 93.75 per cent of the blood of one breed
creating a new breed with two or more unrelated breeds;
37) thoroughbred breeding - breeding of breeding animals of the same breed for the purposes of consolidation and typing of features inherent in this breed, using of animals of related species in the selection and stock breeding;
37-1) marking - text and (or) graphic information placed on pedigree material and (or) its packaging;
38) breed with a limited gene pool - a group of rare occurrence and have no analogues in the wild world of domestic breed, needed for using in the breeding purposes and endangered;
39) insemination technician - a natural person who has notified the authorised body of the commencement (termination) of artificial insemination services;
40) breed - a group of animal of one species of common origin, formed under the influence of human creativity in certain economic and natural conditions, quantitatively sufficient for breeding "in itself" and having the economic and breeding value, supported by the selection, recruitment, establishment of technological conditions, appropriate to their genotype, as well as certain specificity in the morphological, physiological and economically useful properties that distinguish it from other breeds of one species;
41) breed standard - minimum requirements for phenotypic, productive and (or) other indicators of breeding animals of the corresponding breed, approved by the republican chambers;
42) embryo – an embryo develops from a fertilized egg;
43) transfer of (transplant) embryos - a biotechnological method of obtaining a larger number of offspring from breeding animals;
44) specialist in transplantation (transplantation) of embryos - an individual who has notified the authorized body of the commencement (termination) of activities for the provision of services for the receipt, cryopreservation and transplantation (transplantation) of embryos of breeding animals.
Footnote. Article 1 is in the wording of the Law of the Republic of Kazakhstan dated 12.01.2012 № 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 № 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.01.2014 № 165-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication); № 144-VII of 10.10.2022 (shall be enacted sixty calendar days after the date of its first official publication); dated 09.07.2024 № 123-VIII (shall enter into force upon expiry of sixty calendar days after its first official publication).Article 2. Basic principles of organization of activity in the field of livestock breeding
An activity in the field of livestock breeding shall be based on the principles:
improvement of the effectiveness and competitive ability;
ensuring preservation of the breed;
ensuring of proper accounting of data in the field of livestock breeding;
operational information processing in the field of livestock breeding and its transfer to individuals and legal entities, carrying out breeding, use of breeding animals.
Footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 12.01.2012 № 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication).Article 3. The legislation of the Republic of Kazakhstan on livestock breeding
The legislation of the Republic of Kazakhstan on livestock breeding shall be based on the Constitution of the Republic of Kazakhstan and shall consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.
If by the international treaty, ratified by the Republic of Kazakhstan, made other rules than those that contained in this Law, the Rules of the international treaty shall be applied.
Footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 14 December, 2001 № 269.Article 4. Breeding product (material) as an object of civil rights
Breeding products (material) in the property and personal non-property relations, connected with them may be an object of civil rights.
The general rules on property, provided by the civil legislation of the Republic of Kazakhstan shall be applied to the breeding products (material).
Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 12.01.2012 № 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication).Article 5. Right of property and use of breeding products (material)
Footnote. The title as amended by the Law of the Republic of Kazakhstan dated 12.01.2012 № 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Right of property and use of breeding products (material) by the individuals and legal entities shall be regulated by the legislation of the Republic of Kazakhstan.
Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 12.01.2012 № 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication).Article 6. Tradability of breeding products (materials)
Sale of breeding products (material) shall be carried out by the individuals and legal entities in accordance with the legislation of the Republic of Kazakhstan.
Alienation or transfer of rights of property to the breeding products (material) shall be permitted in existence of pedigree certificate, issued in accordance with provisions of this Law.
Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 14.12.2001 № 269; dated 05.07.2008 № 62-IV (the order of enforcement see Article 2); dated 12.01.2012 № 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication).Article 7. Specific features of economic activities of entities in the field of livestock breeding
Footnote. Article 7 is excluded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall come into force upon expiration of sixty calendar days after its first official publication).
Article 8: Use of land and water bodies for breeding livestock
Footnote. Article 8 is excluded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall come into force sixty calendar days after the date of its first official publication).
Article 9. Export and import of breeding products (material)
Export and import of breeding products (material) shall be carried out in the manner established by the legislation of the Republic of Kazakhstan on livestock breeding and in the field of veterinary.
Export of breeding products (material) shall be carried out in existence of pedigree certificate and veterinary health certificate, issued by the authorized body.
Import of breeding products (material) shall be carried out in existence of veterinary health certificate and pedigree certificate, recognized in the established manner or document, equivalent to it, issued by the component bodies of exporting country.
Import of seed shall be carried out by the breeding and distribution centers for the purposes of further sale.
Footnote. Article 9 is in the wording of the Law of the Republic of Kazakhstan dated 12.01.2012 № 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 17.01.2014 № 165-V (shall be enforced upon expiry of ten calendar days after its first official publication). Chapter 2. STATE REGULATION IN THE FIELD
OF LIVESTOCK BREEDING
Footnote. Chapter 2 is in the wording of the Law of the Republic of Kazakhstan dated 12.01.2012 № 540-IV (the order of enforcement see Article 2).
Article 10. The system of livestock breeding of the Republic of Kazakhstan
The system of livestock breeding of the Republic of Kazakhstan shall include:
1) The Government of the Republic of Kazakhstan;
2) an authorized body;
3) local executive bodies of the regions, cities of republican significance, and the capital;
4) subjects in the field of livestock breeding.
Footnote. Article 10 as amended by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall become effective upon expiration of sixty calendar days after its first official publication).Article 11. The competence of the Government of the Republic of Kazakhstan
The competence of the Government of the Republic of Kazakhstan shall include:
1) developing the key areas of state policy in the field of livestock breeding;
2) exercise other functions, imposed on it by the Constitution of the Republic of Kazakhstan, the Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Footnote. Article 11 is in the wording of the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall enter into force sixty calendar days after the date of its first official publication).Article 12. Bodies of the state management in the field of livestock breeding
1. Bodies of the state management in the field of livestock breeding shall include the authorized body, including its departments with territorial subdivisions, carrying out the state control in the field of livestock breeding.
2. The head of the authorized body shall have a right to assign a special name “Chief inspector on livestock breeding of the Republic of Kazakhstan” to the head of department.
The head of department shall have a right to assign a special name “assistant of Chief state inspector on livestock breeding of the republic of Kazakhstan”, and to the relevant positions of administrative state servants of territorial subdivisions of department – special names “Chief state inspector on livestock breeding” and “assistant of Chief state inspector on livestock breeding”.
Other civil servants of department and its territorial subdivisions, immediately carrying out the state control in the field of livestock breeding shall be the state inspectors on livestock breeding.
Article 13. The competence of the authorized body
An authorized body shall exercise the following powers:
1) implement state policy in the field of livestock breeding;
2) Is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 № 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);3) Is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 № 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
3-1) coordinate and methodically manage the activities of local executive bodies of regions, cities of republican significance and the capital city in the field of breeding livestock breeding;
4) develop and approve instructions on bonitation;
4-1) draw up and approve the rules for index evaluation;
4-2) develop and approve the rules for molecular genetic expertise;
4-3) elaborate and approve qualification requirements for specialised laboratories;
4-4) prepare and approve the rules for the evaluation of breeding animals by quality of progeny;
4-5) elaborate and approve the rules for the evaluation (testing) of breeding animals on their own productivity;
4-6) develop and approve rules for genomic evaluation;
4-7) work out and approve standard training programmes for an appraisser (classifier), insemination technician and embryo transplantation (transfer) specialist and the scope of their hours;
4-8) elaborate and approve standard programmes of advanced training courses for an appraiser (classifier), insemination technician and embryo transplantation (transfer) specialist and the scope of their hours;
5) Is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication);6) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
7) develop and approve the method of performance of tests and approbation of selection achievements in the field of livestock breeding;
7-1) develop and approve the rules for keeping the state register of breeding achievements in the field of animal husbandry recommended for use in the Republic of Kazakhstan;
8) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);9) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
10) prepare and approve the regulation on state inspectors of pedigree livestock breeding;
11) elaborate and approve the forms of acts of the state inspector on pedigree livestock breeding, including the form of a protocol on administrative offence, the procedure for drawing up and issuing thereof;
12) develop and approve the rules of maintenance of studbook;
13) elaborate and approve the regulations for maintaining the republican register of pedigree animals;
13-1) receive notifications from individuals and legal entities on commencement (termination) of activities in the field of pedigree livestock breeding under the Law of the Republic of Kazakhstan “On Permits and Notifications”;
13-2) maintain a state electronic register of permits and notifications in the field of animal breeding, and amend it;
14) develop and approve provision on procedure of recognition of pedigree certificate or document, equivalent to it, issued to imported breeding products (material) by the competent bodies of exporting countries;
14-1) Is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication);15) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
16) Excluded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall come into force sixty calendar days after the date of its first official publication).
17) Is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day of its first official publication);
18) in coordination with the authorised body responsible for state statistics, approve forms for the collection of administrative data in the field of pedigree livestock breeding;
19) Is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication);20) keep the republican register of pedigree animals and post it on the authorised body's website;
21) maintain and publish the state register of breeding achievements in the field of animal husbandry recommended for use in the Republic of Kazakhstan;
22) perform the tests and approbation of selection achievements in the field of livestock breeding;
23) carry out control of reliability of data of pedigree certificates for sold breeding products (material);
24) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);25) develop and approve the regulations for maintaining the information base for breeding and pedigree work;
25-1) determine directions of the state support in the field of livestock breeding;
26) develop and approve:
the regulations for subsidising the development of pedigree livestock breeding;
the forms of accounting of pedigree products (material) by branch of livestock breeding;
the forms of pedigree certificates for all types of pedigree products (material) and the rules for issuing (cancelling) them;
regulations for the assignment (suspension, cancellation) of the status of pedigree products (material);
the form and regulations for filling in the individual card of a breeding animal, as well as the card of an agricultural animal involved in the breeding process;
27) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);28) Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 № 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
29) Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015);
30) carry out control of execution of the legislation of the Republic of Kazakhstan on livestock breeding;
31) represent the Republic of Kazakhstan in the international relations in the field of livestock breeding;
31-1) elaborate and approve regulatory legal acts in the field of livestock breeding;
32) 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 13 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 № 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 № 102-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 № 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.01.2014 № 165-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.05.2014 № 203-V (shall be enforced upon expiry of six months after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015); dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication); № 144-VII of 10.10.2022 (shall be brought into force sixty calendar days after the date of its first official publication).Article 14. The competence of local executive bodies of regions, cities of republican significance, the capital
Local executive bodies of regions, cities of republican significance, the capital shall:
1) Is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 № 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);1-1) realize the state policy in the field of livestock breeding;
2) Excluded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall be enacted sixty calendar days after the date of its first official publication).3) Excluded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall come into force sixty calendar days after the date of its first official publication).
4) Excluded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall be put into effect sixty calendar days after the date of its first official publication).
5) Is excluded by the Law of the Republic of Kazakhstan dated 17.01.2014 № 165-V (shall be enforced upon expiry of ten calendar days after its first official publication);
6) Is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication);
7) carry out subsidization of measures, directed to preservation and restoration of the gene pool of breeding animals, as well as breeds with a limited gene pool;
8) exercise other powers, imposed on local executive bodies by the Legislation of the Republic of Kazakhstan in the interests of local state management.
Footnote. Article 14 as amended by the Laws of the Republic of Kazakhstan dated 13.06.2013 № 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 № 124-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.01.2014 № 165-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication);Article 15. Competence of local executive bodies of districts, cities of regional significance
Footnote. Article 15 is excluded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall become effective upon expiration of sixty calendar days after its first official publication)).
Article 16. The state control in the field of livestock breeding
1. State control in the sphere of livestock breeding - a complex of actions of officials of the department of the authorized body and its territorial subdivisions, intended to ensure the observance by natural and legal persons of the requirements of the legislation of the Republic of Kazakhstan.
2. State control in the field of breeding livestock shall be carried out in the form of inspection, preventive control with a visit to the entity (facility) of control and preventive control without a visit to the entity (facility) of control.
Verification and preventive control with a visit to the entity (facility) of control shall be carried out in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.
Preventive control without visiting the entity (facility) of control shall be carried out in accordance with the Entrepreneurial Code of the Republic of Kazakhstan and this Law.
2-1. Preventive control without a visit to the entity (facility) being monitored shall be performed by analysing, comparing data and information from
1) information systems;
2) open sources, mass media.
The entities ( facilities) affected by preventive control without a visit shall include breeding centres and distribution centres, natural and legal persons who have received budgetary subsidies, National Chambers.
The objectives of preventive control without visiting the entity (facility) under control shall be the timely suppression and prevention of infringements, granting the entities under control the right to independently rectify infringements revealed based on the findings of preventive control without visiting the entity (facility) under control, and reducing the administrative burden thereof.
Should a breach be revealed as a result of preventive control without visiting the entity (facility) being controlled in actions (inaction) of the entities, the authorized body or its territorial subdivisions shall forward a recommendation on rectification of breaches revealed as a result of preventive control without visiting the entity (facility) being controlled (hereinafter - the recommendation) to the entity within three working days from the date of revealing such breach. The recommendation shall specify the period of its execution, a period of minimum five working days from the day following the day of its delivery (receipt).
The recommendation must be served to the entity being controlled by delivery against receipt or in another manner confirming its sending and receipt.
A recommendation forwarded by one of the following ways shall be deemed to have been served (received) in the following cases:
1) by courier deliver - from the date of the receipt notice;
2) by post - from the date of notification of receipt by registered post;
3) by e-mail - from the date of sending to the e-mail address of the entity being controlled stated in the letter at the time of the request.
The recommendation must be applied by the date stated in the recommendation, following the date of its delivery (receipt).
The entity being controlled shall notify the competent authority or its territorial subdivisions in writing of the application of the recommendation during a period of one working day following the rectification of the breaches revealed by the preventive control without a visit to the entity (facility) under control.
Should the entity being controlled disagree with the breaches stated in the recommendation, it may submit an objection to the authority or its territorial subdivisions that sent the recommendation within five working days following the day on which the recommendation is handed over (received).
Failure to observe the recommendation within the prescribed deadline shall result in the assignment of preventive control with a visit to the entity (facility) under control by inclusion in the semi-annual list of preventive control with a visit to the entity (facility) in question.
The frequency of preventive controls without visits to the subject (object) of control is determined as data and information thereof become available, but at most once a month.
The findings of preventive control without visiting the entity (facility) being monitored shall be recorded by the competent authority or its territorial subdivision in a special register of preventive control without visiting the entity (facility) being monitored, duly numbered, signed and affixed with the seal of the competent authority or its territorial subdivision.
3. The state inspectors on livestock breeding shall have a right to:
1) exercise state control over the accounting and reporting of actors in the field of livestock breeding, natural and legal persons who have received budgetary subsidies;
2) Shall be 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);3) Shall be excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon the expiration ten calendar days after the day of its first official publication);
4) carry out the state control of procedure of use of breeding animals, acquired at the expense of budget funds by individuals and legal entities;
5) Excluded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall become effective sixty calendar days after the date of its first official publication);5-1) carry out control of observance of the legislation of the Republic of Kazakhstan in the field of livestock breeding by local executive bodies, including unimpeded visit the all objects of control and supervision, issuance of orders, compulsory for execution on rectifying of discovered violations of the legislation of the Republic of Kazakhstan in the field of livestock breeding;
6) consider the cases on administrative infractions in the field of livestock breeding and impose administrative penalties in the manner provided by the code of the Republic of Kazakhstan on administrative infractions;
6-1) issue and control execution of orders;
7) accept the notifications on commencement of activity in the field of livestock breeding by the individuals and legal entities in the manner, established by the Law of the Republic of Kazakhstan “On permissions and notifications”;
7-1) provide recommendations to rectify the breaches revealed by the preventive control without visiting the entity (facility) under control, and monitor their implementation;
8) Excluded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall be enacted sixty calendar days after the date of its first official publication).4. The acts of the state inspectors on livestock breeding within their competence are compulsory for execution by the subjects in the field of livestock breeding, individuals and legal entities, received the budgetary subsidy.
5. Actions (inaction) of state inspectors for livestock breeding may be appealed in the manner prescribed by the laws of the Republic of Kazakhstan.
Footnote. Article 16 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 № 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 № 124-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.05.2014 № 203-V (shall be enforced upon expiry of six months after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 № 376-V (shall be enforced from 01.01.2016); dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication); dated 24.05.2018 № 156-VI (shall be enforced on the expiration of ten calendar days after the day of its first official publication); dated 29.06.2020 № 351-VI (shall be enforced from 01.07.2021); № 144-VII of 10.10.2022 (shall become effective sixty calendar days after the date of its first official publication); dated 06.04.2024 № 71-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 16-1. The state regulation in the field of livestock breeding
The state regulation in the field of livestock breeding shall be carried out:
1) Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 № 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);2) conducting of the state control in the field of livestock breeding;
3) conducting of scientific researches of fundamental and applied nature in the field of livestock breeding and selection on preservation, development and use of gene pool of animals in accordance with the legislation of the Republic of Kazakhstan;
4) subsidization of measures, directed to preservation and restoration of the gene pool of breeding animals, as well as breeds with limited gene pool;
5) subsidization of measures, directed to ensuring of accessibility of breeding products (material) for domestic agricultural producers;
6) subsidization of measures on conducting of selection and stock breeding by domestic agricultural producers;
7) performance of tests and approbation of selection achievements in the field of livestock breeding;
8) maintaining the republican register of breeding animals;
9) maintenance of the state register of breeding achievements in the field of animal husbandry recommended for use in the Republic of Kazakhstan.
Footnote. Article 16-1 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 № 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.01.2014 № 165-V (shall be enforced upon expiry of ten calendar days after its first official publication); № 144-VII of 10.10.2022 (shall be brought into effect sixty calendar days after the date of its first official publication).Article 16-2. Notification on commencement of activity in the field of livestock breeding
1. Prior to commencing activities in the field of livestock breeding, the natural and legal persons mentioned in this Article must inform the authorised body in the order stipulated by the Law of the Republic of Kazakhstan “On Permits and Notifications”.
2. Is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication).3. Is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication).
4. Legal entity, notified the authorized body on commencement of activity as the stud farm shall be obliged to:
1) own on the right of ownership or lease (not less than three years) or leasing the material and technical base (premises for keeping breeding animals-producers, laboratory for low-temperature freezing and storage of seed of breeding animals-producers, veterinary and sanitary passageway, quarantine room, isolator, laboratory and cryogenic equipment);
2) perform boning and (or) index evaluation;
3) evaluate pedigree animals - producers by quality of progeny and (or) genomic evaluation;
4) have employees in the staff on the relevant specialists;
5) evaluate (test) breeding animals for their own productivity.
The documents that shall be attached to the notification are as follows:
1) the certificate of state registration (re-registration) of a legal entity (for a legal entity);
2) copies of the veterinary and sanitary certificate for the facility and confirmation of business number assignment;
3) as excluded by the Law of the RK dated 06.04.2024 № 71-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication);4) copies of pedigree certificates confirming the existence of pedigree breeding animals;
5) copies of title documents confirming the availability of a set of production facilities (premises for keeping breeding animals - producers, laboratory for low-temperature freezing and storage of the seed of breeding animals - producers, veterinary and sanitary passageway, quarantine room, isolator, laboratory and cryogenic equipment (Dewar vessel), thermostat-thawer, water bath, microscopes, heating table, freezing machine, equipment for packing and labelling of breeding stock), as well as the right of ownership or lease (less than 1 year) or leasing of material and technical base (production premises with stationary biorepositories, laboratory and cryogenic equipment);
6) veterinary passports confirming the identification;
7) Excluded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall come into force sixty calendar days after the date of its first official publication).5. A legal entity, notified the authorized body on commencement of activity as distribution center shall be obliged to:
1) own on the right of ownership or lease (not less than three years) or leasing the material and technical base (production facilities with stationary biorepositories, laboratory and cryogenic equipment);
2) have employees in the staff on the relevant specialists.
The documents that shall be attached to the notification are as follows:
1) the certificate of state registration (re-registration) of a legal entity (for a legal entity);
2) copies of the veterinary and sanitary certificate for the facility and confirmation of business number assignment;
3) as excluded by the Law of the RK dated 06.04.2024 № 71-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication);4) copies of documents of title confirming the availability of material and technical base, including production facilities with stationary biorepositories, laboratory and cryogenic equipment (Dewar vessels), thermostat-thawer, water bath, microscopes, heating table), by right of ownership, or lease agreement (at least three years), or leasing agreement.
6. Individual, notified the authorized body on commencement of activity as classificator (classifier) on the certain species and direction of productivity of animals, the notification shall be accompanied by the copies of:
1) identification card;
2) diploma of education in agriculture and bioresources or veterinary medicine;
3) a document on the completion of training courses for appraisals (classifiers) for the respective animal species.
7. Legal entity, notified the authorized body on commencement of activity as artificial breeding technician, the notification shall be accompanied by:
1) identification card;
2) diploma of education in the field of agriculture and bioresources, veterinar or a document confirming the completion of the training course as a seedling technician or a document confirming the duration of at least six months of work in the respective field;
3) Excluded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall come into effect sixty calendar days after the date of its first official publication);4) title documents confirming the availability of material and technical base (laboratory room, control and measuring instruments, tools, cryogenic equipment (Dewar vessel), thermostat-thawer, water bath, microscope, heating table, syringe-catheter) on the right of ownership, or rental agreement (at least one year), or leasing agreement.
8. Individual, notified the authorized body on commencement of activity as the specialist of embryo transfer (transplant), the notification shall be accompanied by:
1) identification card;
2) diploma in agriculture and bio-resources or veterinary studies;
3) a document on the completion of training courses for a specialist in animal embryo transplantation;
4) title documents confirming the availability of material and technical base (laboratory space, control and measuring instruments, tools, cryogenic and technological equipment (Dewar vessel), thermostat-thawer, heating table, microscope, syringes) by right of ownership, or rental agreement (at least a year), or leasing agreement.
9. Excluded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall enter into force sixty calendar days after the date of its first official publication).10. Presentation of documents, provided by this Article shall not be required upon availability of possibility of obtaining the information contained in them from the state information systems and (or) form of details.
Documents submitted via the “e-government” web portal or the “Government for Citizens” State Corporation shall be in electronic form.
Footnote. Article 16-2 is in the wording of the Law of the Republic of Kazakhstan dated 10.07.2012 № 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Laws of the Republic of Kazakhstan dated 24.12.2012 № 60-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.01.2014 № 165-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.05.2014 № 203-V (shall be enforced upon expiry of six months after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.11.2015 № 408-V (shall be enforced from 01.03.2016); dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication); dated 05.01.2021 № 408-VI (shall be enforced ten calendar days after the day of its first official publication); № 144-VII of 10.10.2022 (shall be brought into force sixty calendar days after the date of its first official publication); dated 06.04.2024 № 71-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 16-3. Recording of breeding products (material)
Footnote. The title of Article 16-3 as amended by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall be put into effect sixty calendar days after the date of its first official publication).
Breeding products (material) shall be entered into the information base of breeding and pedigree work and (or) in hard copy in a way established by an authorised body.
Data on pedigree animals shall be entered into the republican register of pedigree animals under the procedure identified by the authorised body.
Data on pedigree animals that are most valuable in terms of origin, productivity and other qualities are included in the breed registry.
Data recorded in the pedigree book and the republican register of pedigree animals shall be accessible to interested persons.
With a view to confirming the origin, productive and other qualities of an animal, natural and legal persons shall maintain accounting pursuant to the manner and in the forms approved by the authorised body.
Footnote. Article 16-3 in the new wording of the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication); as amended by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall take effect sixty calendar days after the date of its first official publication).Article 16-4. The state support of livestock breeding
1. The state support of livestock breeding shall be carried out at the expense of budget funds.
The basic form of the state support shall be subsidization of measures, directed to:
1) preservation, development and restoration of gene pool of breeding animals, as well as the breeds with a limited gene pool;
2) ensuring of accessibility of breeding products (material) for domestic agricultural producers;
3) conducting of selection and stock breeding by domestic agricultural producers.
4) reimbursement of the costs of maintaining the breeding stock of horse breeds and upper-harness directions bred on the territory of the Republic of Kazakhstan.
2. The areas of public support for livestock breeding, provided from budgetary funds, shall be decided by the authorised body.
3. Financing of programs of scientific researches in the field of livestock breeding shall be carried out at the expense of budget funds in the manner established by the legislation of the Republic of Kazakhstan and other sources, not prohibited by the legislation of the Republic of Kazakhstan.
Footnote. Article 16-4 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2013 № 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); № 144-VII of 10.10.2022 (shall be promulgated sixty calendar days after the date of its first official publication); dated 09.07.2024 № 123-VIII (shall enter into force upon expiry of sixty calendar days after its first official publication).Article 16-5. Scientific researches in the field of livestock breeding
Research and scientific organisations of the Republic of Kazakhstan in the agricultural sector shall conduct scientific research in the sphere of pedigree livestock breeding. These organisations jointly with the authorized body shall develop:
1) state scientific and technical programs in the field of livestock breeding;
2) instructions for appraisal;
3) methods and technical means for assessment and genetic control of breeding products (material);
4) information support systems in the field of livestock breeding, including in breeding and pedigree work.
5) regulations for index evaluation;
6) regulations for molecular genetic examination;
7) regulations for the evaluation of breeding animals by quality of progeny;
8) regulations for evaluation (testing) of breeding animals in terms of their own productivity;
9) regulations for genomic evaluation.
Footnote. Article 16-5 as amended by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day of its first official publication); № 144-VII of 10.10.2022 (shall become effective sixty calendar days after the date of its first official publication).Chapter 3. THE STATE REGULATION OF LIVESTOCK BREEDING
Footnote. Chapter 3 is excluded by the Law of the Republic of Kazakhstan dated 12.01.2012 № 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Chapter 4. RECOGNITION AND USE OF BREEDING PRODUCTS (MATERIAL)
Footnote. The title in the new wording of the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication); № 144-VII of 10.10.2022 (shall come into effect sixty calendar days after the date of its first official publication).
Article 17. Recognition of breeding products (material)
1. Products (material) shall be recognised as pedigree by the Republic Chamber in accordance with the procedure defined by the authorised body.
2. Imported pedigree products (material) shall be recognised as pedigree when they satisfy the requirements of part three of Article 9 hereof.
Footnote. Article 17 is in the wording of the Law of the Republic of Kazakhstan dated 12.01.2012 № 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication); № 144-VII of 10.10.2022 (shall be effective sixty calendar days after the date of its first official publication).Article 18. Use and sale of pedigree products (material)
1. Pedigree products (material) shall be used and sold under the procedure established by the authorised body, unless otherwise stipulated by this Article.
2. Semen shall be used and sold upon simultaneous compliance with the following conditions:
1) is derived from a breeding animal that has been evaluated for progeny quality and/or genomic evaluation;
2) has appropriate morphofunctional indicators;
3) is free from genetically determined diseases;
4) is marked in a way that allows for its identification.
3. The embryo shall be used and sold when the following conditions are met at the same time:
1) derived from breeding animals;
2) there are no genetically determined diseases;
3) has a breeding certificate;
4) is labelled in a way that allows its identification.
4. No pedigree product (material) that is not labelled (unmarked) may be sold for pedigree purposes. When selling a breeding animal for breeding purposes, the breeding animal must also have a breeding certificate.
5. Only breeding animals complying with the requirements laid down in Articles 19 and 20 hereof shall be used for the reproduction of the breed.
6. To preserve data on the farms where breeding animals have been produced, information on the breeders shall be specified in the breeding certificates.
7. For the purpose of improving the breed and productive qualities of animals, an agricultural producer shall also be entitled to use:
1) freshly obtained semen complying with the requirements prescribed in sub-paragraphs 1) and 2) of paragraph 2 of this Article;
2) freshly obtained embryo corresponding to the requirement set out in sub-paragraph 1) of paragraph 3 of this Article.
The requirement of sub-paragraph 1) of paragraph 1 of this Article shall apply to the agricultural producer who owns a breeding animal-producer by right of ownership or on other legal grounds.
Footnote. Article 18 - as reworded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall be enacted upon expiration of sixty calendar days after its first official publication).Article 19. Bonitation and index evaluation of breeding animals
Breeding animals shall be subject to bonitation and (or) index evaluation, except as otherwise required by the legislation of the Republic of Kazakhstan in the sphere of pedigree livestock breeding.
No pedigree animals that have not undergone bonitation and (or) index evaluation shall be allowed to be sold for pedigree purposes.
Footnote. Article 19 - as reworded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall come into effect upon expiration of sixty calendar days after its first official publication).Article 20. Appraisal of pedigree animals - producers kept in breeding centres
Pedigree animals-producers kept in breeding centres the semen thereof is used to produce purebred and pedigree animals, shall be subject to:
appraisal and/or index evaluation;
evaluation by progeny quality and (or) genomic evaluation;
assessment (tests) of breeding animals on their own productivity.
Footnote. Article 20 - as reworded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall be brought into force upon expiration of sixty calendar days after its first official publication).Article 20-1. Molecular genetic examination
1. Molecular genetic examination shall be performed in specialised laboratories entering the results thereof into the information base of breeding and pedigree work.
Customers for molecular genetic examination shall be natural or legal persons involved in livestock breeding activities.
2. A negative molecular genetics report shall not deprive the customer of the right to reapply for molecular genetics examination at other specialised laboratories.
3. The Customer shall be entitled to:
1) withdraw his/her application at any stage of the molecular genetic examination;
2) intervene in the consideration of issues arising in the course of molecular genetic examination.
4. The customer shall be obliged to:
1) collect and deliver samples of animal biological materials to the specialised laboratory;
2) supervise the collection of samples of animal biological materials provided to the specialised laboratory for molecular genetic analysis;
3) ensure that samples of animal biological material taken for molecular genetic examination are not inadvertently or intentionally tampered with;
4) properly execute and submit the supporting documentation to the specialised laboratory;
5) ensure that the inscriptions and identifiers on the packages and any accompanying documents provided correspond to the real animals with the identifiers indicated;
6) pay the cost of the molecular genetic examination, including in the event of a negative molecular genetic examination report.
5. The specialised laboratory shall be entitled to refuse to provide services in full or in part if the customer fails to fulfil the obligations stipulated in subparagraphs 1) - 5) of paragraph 4 of this Article and the agreement for molecular genetic examination.
6. The specialised laboratory shall be obliged:
1) to render services in full within the term set forth in the contract for molecular genetic examination;
2) not to transfer its obligations under the agreement for performance of molecular genetic examination to third parties;
3) inform the customer upon his/her request of any information on the progress of molecular genetic examination;
4) immediately inform the customer when it is impossible to perform the obligations prescribed in the agreement for molecular genetic examination in good quality and in time, and this requires taking the necessary measures by the customer.
7. The customer of molecular genetic examination and the specialised laboratory shall enjoy other rights and obligations envisaged by the legislation of the Republic of Kazakhstan and the agreement on molecular genetic examination.
Footnote. Chapter 4 is supplemented by Article 20-1 under Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall be enacted upon expiration of sixty calendar days after its first official publication).Article 21. Availability of data on evaluation
Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 14 December, 2001 № 269; is excluded – dated 10 January, 2006 № 116 (the order of enforcement see Article 2 of the Law № 116).
Chapter 5. ORGANIZATION OF ACTIVITY OF SUBJECTS
IN THE FIELD OF LIVESTOCK BREEDING
Footnote. The title of chapter 5 as amended by the Law of the Republic of Kazakhstan dated 14 December, 2001 № 269.
Article 22. The subjects in the field of livestock breeding
An activity in the field of livestock breeding shall be carried out by individuals and legal entities.
Entities in the field of livestock breeding shall maintain data records as prescribed by part one of Article 16-3 hereof.
Breeding centres, distribution centres and National Chambers shall present reports in the order specified by the authorised body.
Footnote. Article 22 as amended by the Laws of the Republic of Kazakhstan dated 14.12.2001 № 269; dated 20.12.2004 № 13 (shall be enforced from 01.01.2005); dated 10.01.2006 № 116 (the order of enforcement see Article 2 of the Law № 116); dated 12.01.2012 № 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication); № 144-VII of 10.10.2022 (shall be enacted sixty calendar days after the date of its first official publication).Article 23. Types of subjects in the field of pedigree livestock production
Subjects in the field of pedigree livestock production are:
1) breeding centers;
2) distribution centers;
3) valuers (classifiers);
4) artificial insemination technicians;
5) embryo transplantation (transfer) specialists;
6) national chambers;
7) natural and legal persons engaged in livestock breeding activities.
Footnote. Article 23 in the new wording of the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication); as amended by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall come into force sixty calendar days after the date of its first official publication).Article 24. Basic directions of activity of stud farms
Footnote. Article 24 is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication).
Article 25. Basic directions of activity of breed livestock farms
Footnote. Article 25 is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication).
Article 26. Basic directions of activity of breeding centers
1. Basic directions of activity of breeding centers shall be:
1) obtaining, accumulating, acquiring, storing and selling semen of breeding animals-producers, embryos and their recording in the information base of breeding and pedigree work;
2) Excluded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall go into effect sixty calendar days after the date of its first official publication).3) Excluded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall be enacted sixty calendar days after the date of its first official publication).
4) Excluded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall become effective sixty calendar days after the date of its first official publication).
5) registration of results of use of semen of breeding animals-producers and embryos, maintenance of data bank thereon;
6) carrying out exchange of gene pool;
7) Is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication).Semen of breeding animals-producers and embryos shall be obtained, accumulated, acquired, stored and sold by breeding centres to the extent required by this Law.
2. Is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication).Footnote. Article 26 is in the wording of the Law of the Republic of Kazakhstan dated 14.12.2001 № 269; as amended by the Laws of the Republic of Kazakhstan dated 05.07.2008 № 62-IV (the order of enforcement see Article 2); dated 12.01.2012 № 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 № 124-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.01.2014 № 165-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication); № 144-VII of 10.10.2022 (shall go into effect sixty calendar days after the date of its first official publication).
Article 27. Basic directions of activity of distribution centers
The key activities of distribution centres shall be acquisition, storage and sale of semen of breeding animals-producers, embryos and their registration in the information base of selection and breeding work.
Semen of breeding animals and embryos shall be purchased, stored and sold by the distribution centres as required by this Law.
Footnote. Article 27 is in the wording of the Law of the Republic of Kazakhstan dated 12.01.2012 № 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication); № 144-VII of 10.10.2022 (shall come into effect sixty calendar days after the date of its first official publication).Article 28. Basic directions of activity of classificatory (classifiers), artificial breeding technician and specialist on transfer (transplant) of embryos
1. The key activity of appraisals (classifiers) shall be the appraisal (bonitation).
2. The core line of business of insemination technicians shall be the provision of artificial insemination services for animals.
3. The core activities of embryo transplants shall be the provision of services for obtaining, cryopreserving and transplanting (transferring) embryos of breeding animals.
4. An appraisal (classifier), a fertility technician and an embryo transplantation (transfer) specialist shall undergo advanced training courses to obtain a certificate of advanced training courses as per the procedure set out by the authorized body.
Footnote. Article 28 is in the wording of the Law of the Republic of Kazakhstan dated 12.01.2012 № 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 17.01.2014 № 165-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication); № 144-VII of 10.10.2022 (shall become effective sixty calendar days after the date of its first official publication).Article 28-1. Main directions of the activity of nucleus breeding units
Footnote. Chapter 5 is supplemented by Article 28-1 in accordance with the Law of the Republic of Kazakhstan dated 14.12.2001 № 269; is excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication).
Article 28-2. National chamber
1. The National Chamber is a non-profit, self-financed organization established and operating to represent and protect the interests of natural and legal persons engaged in the breeding and (or) reproduction of breeding animals.
2. A national chamber is a legal entity registered with the judicial authorities according to the procedure provided for by the legislation of the Republic of Kazakhstan.
3. National chambers are entitled to establish their own structural subdivisions (branches and representative offices) in the regions, cities of republican significance, the capital.
4. The activity of a national chamber is governed by the laws of the Republic of Kazakhstan and the charter adopted by the chamber’s collegial body.
5. In the Republic of Kazakhstan, for each cattle breed, a separate national chamber is set up to conduct activity on the relevant cattle breed.
National Chambers of sheep and horse breeding on the territory of the Republic of Kazakhstan shall be established one for each type of sheep and horse production direction.
National Chambers of poultry farming on the territory of the Republic of Kazakhstan shall be established one for all types and directions of poultry production.
National Chambers of camel breeding, pig breeding, goat breeding, maral breeding (reindeer breeding), rabbit breeding, fur farming, bee keeping, fish breeding in the territory of the Republic of Kazakhstan shall be established one for each type of animal.
6. Should the interests of natural and legal persons engaged in breeding pedigree animals of one breed of cattle or sheep and horses be represented in the National Chamber for cattle or sheep and horse production, a separate National Chamber shall be established by reorganizing (dividing, separating) the existing National Chamber for cattle or for sheep and horse production.
The ground for reorganization (in the form of a division, separation) of the National Chamber in the areas of cattle productivity or in the areas of sheep and horse productivity shall be a joint decision of at least three members of the National Chamber, representing the interests of natural and legal persons engaged in breeding animals of one breed of cattle or in the areas of sheep and horse productivity, and at least one member of the Council of the National Chamber, submitted to the general meeting of members of the National Chamber.
7. The sources of income (property) formation of a national chamber are:
1) fees of members of the national chamber;
2) income from services for the issuance of pedigree certificates (the cost of a form);
3) voluntary asset contributions and donations;
4) other sources not prohibited by the legislation of the Republic of Kazakhstan.
Footnote. Chapter 5 is supplemented by Article 28-2 in accordance with the Law of the Republic of Kazakhstan dated 12.01.2012 № 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication); in the new wording of the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication); № 144-VII of 10.10.2022 (shall be enacted sixty calendar days after the date of its first official publication).Article 28-3. Structure and powers of a national chamber
1. The structure of a national chamber includes the collegial body, the council of the national chamber and the executive body, who share responsibility for the conduct and coordination of stock selection and breeding.
2. The collegial body is a meeting of members of a national chamber that is the supreme governing body.
The collegial body determines and makes decisions on strategic directions of the development of the national chamber.
The collegial body shall be summoned at least once a year. An extraordinary meeting of the collegial body may be convened upon the request of at least two-thirds of the total number of members of the National Chamber.
3. The council of the National Chamber shall be elected by a collegial body for a period of three years pursuant to the charter of the National Chamber and shall represent the interests of the members of the National Chamber.
The composition of the council of the National Chamber may be re-elected by decision of the collegial body.
The composition of the Council of the National Chamber shall be renewed annually by one third and the chairman of the Council of the National Chamber shall be elected once every three years.
Equal regional representation shall be guaranteed when forming the Council of the National Chamber.
4. The council of a national chamber exercises overall governance and management of the activity of the national chamber within the competence established by the laws of the Republic of Kazakhstan and the charter of the national chamber.
5. The representatives of research organizations of the Republic of Kazakhstan in agricultural sector and members of the National Chamber shall be the members of the Council of the Republican Chamber.
6. The chairman of the council of a national chamber is elected from among the members of the council of the national chamber and approved by the collegial body.
One and the same person may not be elected as the Chairman of the Council of the National Chamber for over two times in a row.
7. The council of a national chamber is appointed in accordance with the charter of the national chamber.
8. The council of a national chamber:
1) determines the rules of work and exercises control over the financial and economic activity of the executive body;
2) approves the budget of the national chamber;
3) recommends the collegial body to introduce changes in the tariff policy;
4) recommends for approval of the collegial body a candidature for executive director;
5) exercises other powers not contrary to the legislation of the Republic of Kazakhstan.
9. The executive body:
1) organizes the registration of breeding stock depending on the chosen line of pedigree stock production by assigning (suspending, canceling) the status of pedigree stock (material) in accordance with the procedure approved by the authorized body;
1-1) arrange for the registration of pedigree beef cattle of the first category and pedigree beef cattle of the second category by assigning (suspending, revoking) the status of pedigree products (material) following the procedure designated by the authorized body;
2) implement activities to measure the breeding value of pedigree animals, including pedigree producer animals as per instructions on bonitation and (or) rules for index evaluation, and (or) rules for evaluation of pedigree producer animals in terms of progeny quality, and (or) rules for genomic evaluation, and (or) rules for evaluation (testing) of pedigree animals in terms of their own productivity;
3) issues (cancels) pedigree certificates for pedigree stock (material) in accordance with the procedure approved by the authorized body;
4) arranges the recognition of a pedigree certificate or equivalent document issued for imported pedigree stock (material) by the competent authorities of exporting countries in accordance with the procedure approved by the authorized body;
5) Excluded by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall enter into force sixty calendar days after the date of its first official publication).6) keep and publish breeding books separately for purebred and thoroughbred animals;
7) monitor the data of bonitation, index evaluation, assessment of breeding animals by quality of progeny, genomic evaluation, assessment (tests) of breeding animals by their own productivity, and notify interested persons of its results;
8) adopt a pedigree standard in coordination with the collegial body;
8-1) keep a register of pedigree animals and submit its data to the authorized body based on the form approved by the authorized body for inclusion in the republican register of pedigree animals;
9) exercises other powers not contrary to the legislation of the Republic of Kazakhstan.
10. A national chamber assigns the status and issues a pedigree certificate for pedigree stock (material) pursuant to an application of a natural and (or) legal person, irrespective of their membership in the national chamber.
Footnote. Chapter 5 is supplemented by Article 28-3 in accordance with the Law of the Republic of Kazakhstan dated 12.01.2012 № 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication); in the new wording of the Law of the Republic of Kazakhstan dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after the day its first official publication); as amended by Law of the Republic of Kazakhstan № 144-VII of 10.10.2022 (shall enter into force sixty calendar days after the date of its first official publication). Chapter 6. ARTIFICIAL INSEMINATION OF FARM ANIMALS AND
EMBRYO TRANSFER
Footnote. Chapter 6 is excluded by the Law of the Republic of Kazakhstan dated РК dated 14 December, 2001 № 269.
Chapter 7. RESOLUTION OF DISPUTES AND RESPONSIBILITY UPON
CARRYING OUT OF ACTIVITY IN THE FIELD OF
LIVESTOCK BREEDING Article 30. Resolution of disputes upon carrying out of activity in the field of livestock breeding
The disputes, arising upon carrying out of activity in the field of livestock breeding shall be resolved in the manner established by the legislation of the Republic of Kazakhstan.
Article 31. Responsibility for violation of the legislation of the Republic of Kazakhstan on livestock breeding
Footnote. The title as amended by the Law of the Republic of Kazakhstan dated 12.01.2012 № 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Violation of the legislation of the Republic of Kazakhstan on livestock breeding shall entail responsibility in accordance with the Laws of the Republic of Kazakhstan.
Footnote. Article 31 as amended by the Laws of the Republic of Kazakhstan dated 05.07.2008 № 62-IV (the order of enforcement see Article 2); dated 12.01.2012 № 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication). Chapter 8. INTERNATIONAL COOPERATION OF THE
REPUBLIC OF KAZAKHSTAN IN THE FIELD OF LIVESTOCK BREEDING Article 32. International cooperation of the Republic of Kazakhstan in the field of livestock breeding
The Republic of Kazakhstan shall contribute to development of international cooperation in the field of livestock breeding.
Article 33. The right to cooperation with foreign participation in the field of livestock breeding
Individuals and legal entities of the Republic of Kazakhstan, participating in implementation of projects in the field of livestock breeding shall conclude agreements with the foreigners and (or) foreign legal entities in accordance with the legislation of the Republic of Kazakhstan.
Footnote. Article 33 as amended by the Law of the Republic of Kazakhstan dated 12.01.2012 № 540-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
|
The President of the Republic of Kazakhstan |
