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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 5, 2019 No. 366

About approval of Rules of forming of the List of the drugs, psychotropic substances and precursors which are subject to control in the Republic of Kazakhstan, the Summary table about reference of the drugs, psychotropic substances, their analogs and precursors found in illicit trafficking to small, large and especially large sizes, the List of deputies of atoms of hydrogen, halogens and (or) hydroxyl groups in structural formulas of drugs, psychotropic substances

According to Item 1-1 of article 5 of the Law of the Republic of Kazakhstan of July 10, 1998 "About drugs, psychotropic substances, their analogs and precursors and measures of counteraction to their illicit trafficking and abuse of them" the Government of the Republic of Kazakhstan DECIDES:

1. Approve Rules of forming of the List of the drugs, psychotropic substances and precursors which are subject to control in the Republic of Kazakhstan, the Summary table about reference of the drugs, psychotropic substances, their analogs and precursors found in illicit trafficking to small, large and especially large sizes, the List of deputies of atoms of hydrogen, halogens and (or) hydroxyl groups in structural formulas of drugs, psychotropic substances.

2. This resolution becomes effective since July 5, 2019 and is subject to official publication.

Prime Minister of the Republic of Kazakhstan

A. Mamin

Approved by the Order of the Government of the Republic of Kazakhstan of June 5, 2019 No. 366

Rules of forming of the List of the drugs, psychotropic substances and precursors which are subject to control in the Republic of Kazakhstan, the Summary table about reference of the drugs, psychotropic substances, their analogs and precursors found in illicit trafficking to small, large and especially large sizes, the List of deputies of atoms of hydrogen, halogens and (or) hydroxyl groups in structural formulas of drugs, psychotropic substances

Chapter 1. General provisions

1. These rules of forming of the List of the drugs, psychotropic substances and precursors which are subject to control in the Republic of Kazakhstan (further - the List of drugs, psychotropic substances and precursors), the Summary table about reference of the drugs, psychotropic substances, their analogs and precursors found in illicit trafficking to small, large and especially large sizes further - the Summary table), the List of deputies of atoms of hydrogen, halogens and (or) hydroxyl groups in structural formulas of drugs, psychotropic substances (further - the List of deputies of atoms of hydrogen) are developed according to Item 1-1 of article 5 of the Law of the Republic of Kazakhstan of July 10, 1998 "About drugs, psychotropic substances, their analogs and precursors and measures of counteraction to their illicit trafficking and abuse of them".

2. These rules determine procedure for forming of the List of drugs, psychotropic substances and precursors, the Summary table and List of deputies of atoms of hydrogen.

Chapter 2. Procedure for forming of the List of drugs, psychotropic substances and precursors, Summary table, List of deputies of atoms of hydrogen

3. The list of drugs, psychotropic substances and precursors is constituted based on Lists of the Single Convention on drugs of 1961, the Convention on psychotropic substances of 1971 and the Convention on fight against illicit trafficking in drugs and psychotropic substances of 1988 which the Republic of Kazakhstan joined in 1998.

4. The list of drugs, psychotropic substances and precursors consists of four tables and the list of the medicines containing the drugs, psychotropic substances and precursors which are subject to control in the Republic of Kazakhstan and allowed for use in veterinary science.

5. In tables I, II and III of the name of means, substances are stated according to the international unregistered names recommended by the World Health Organization (WHO), names and descriptions specified in the Single convention on drugs of 1961, the Convention on psychotropic substances of 1971 and also other unregistered names.

6. The Table I includes drugs and psychotropic substances which use in the medical purposes is forbidden (the list IV and part of the list I of the Convention of 1961 and the list I of the Convention of 1971).

7. The Table II includes the drugs and psychotropic substances used in the medical purposes and which are under strict control (part of the list I, the list II of the Convention of 1961 and the list II of the Convention of 1971).

8. The Table III includes the drugs and psychotropic substances used in the medical purposes and which are under control (the list III of the Convention of 1961 and lists III and IV of the Convention of 1971).

9. The Table IV includes precursors (chemicals and plants which are often used in case of illegal manufacture of drugs and psychotropic substances) - (tables I and II of the Convention of 1988), being under control.

10. The list of the medicines containing the drugs, psychotropic substances and precursors which are subject to control in the Republic of Kazakhstan and allowed for use in veterinary science joins medicines which can be used as diagnostic, medical and prophylactics in the presence of the corresponding license.

11. Also their medicines belong to drugs or psychotropic substances, names (synonyms) of which are not included in the List of drugs, psychotropic substances and precursors.

12. The summary table consists of the Table I determining the sizes of drugs, Tables II - the extent of psychotropic substances, Tables III - the sizes of precursors and the Table IV - the amount of cultivation of the plants carried to drugs.

13. The list of deputies of atoms of hydrogen consists of monovalent and bivalent deputies of atoms of hydrogen.

14. Inclusion of substance in the List of drugs, psychotropic substances and precursors, the Summary table and the List of deputies of atoms of hydrogen it is performed on one of the following bases:

in case of receipt of recommendations of the International committee on control over drugs of the UN;

in the presence of substance in lists, lists, tables of the drugs, psychotropic substances and precursors which are subject to control in the countries of the Eurasian Economic Union.

15. In case of detection in turnover of the psychoactive agent which is not under control of the International committee on control over drugs of the UN and the countries of the Eurasian Economic Union, its reference to drugs, to psychotropic substances and precursors it is performed according to the procedure, established by Items 15-20 of these rules.

16. Authorized bodies, including bodies of judicial examination, within seven working days from the date of receipt (dacha) of court expert's report make offers on inclusion of psychoactive agent under control in authorized state body in the sphere of drug trafficking, psychotropic substances, their analogs and precursors (further - authorized state body).

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