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The document ceased to be valid since September 26, 2013 according to article 109 of the Law of the Republic of Kazakhstan of April 11, 2014 No. 188-V ZRK

LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 27, 2000 No. 106-II

About the state material reserve

(as amended on 13-01-2014)

This Law governs the public relations in the field of forming, storage and use of the state material reserve of the Republic of Kazakhstan and establishes bases of management of them.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) not reduced inventory - constantly supported amount of inventory of material values of the state material reserve determined by the Government of the Republic of Kazakhstan;

2) razbronirovaniye - release of material values from the state material reserve without the subsequent bookmark or for the purpose of utilization (destruction), and also for humanitarian assistance and acceptance of first-priority measures for mitigation of consequences of emergency situations of natural and technogenic nature with the subsequent bookmark;

3) mobilization reserve - the inventory of material values according to the limited nomenclature which is component of the state material reserve necessary for accomplishment of the mobilization order in case of mobilization, warlike situation and in wartime, humanitarian assistance, acceptance of first-priority measures for mitigation of consequences of emergency situations of natural and technogenic nature in peace time and not used organizations having the mobilization order in the current productive activity, and also material means of special forming;

4) material values - the goods necessary for providing the tasks set for authorized body, the nomenclature (the list and amounts) of which it is determined by the Government of the Republic of Kazakhstan;

5) delivery of material values to the state material reserve - purchase and (or) shipment (delivery) of material values to Items of storage of material values of the state material reserve;

6) laying of material values in the state material reserve - acceptance of material values for storage in the state material reserve;

7) release of material values from the state material reserve - withdrawal of material values from the state material reserve according to the procedure of refreshening, borrowing, razbronirovaniye;

8) movement of material values - transportation of material values from one Item of storage of material values of the state material reserve in other Item, including loading and unloading of material values;

9) the state material reserve (further - the state reserve) - the inventory of material values intended for mobilization needs, acceptance of first-priority measures for the prevention and mitigation of consequences of emergency situations of natural and technogenic nature, humanitarian assistance and the regulating impact on the market;

10) borrowing of material values from the state reserve - release of material values from the state reserve under certain conditions with the subsequent return to the state reserve of equal quantity and quality of similar material values;

11) refreshening of the state reserve - release of material values from the state reserve before the expiration of fixed terms of their storage in case of simultaneous or with gap in time to laying of values in the state reserve of equal quantity and similar quality of material values;

12) Items of storage of material values of the state reserve - the legal entities performing storage of material values of the state reserve and rendering the services connected with storage on contractual basis;

13) operating - delivery, storage and release of material values of the state reserve;

14) standard rates of storage - technical standard rates and requirements for content and storage conditions of material values of the state reserve;

15) order placement - the choice of suppliers and consumers for delivery and release of material values of the state reserve at the expense of budgetary funds according to the procedure, established by the legislation of the Republic of Kazakhstan;

16) authorized body - the state body performing executive and control functions, and also management of system of the state reserve.

Article 2. Legislation on the state reserve

1. The legislation of the Republic of Kazakhstan on the state reserve is based on the Constitution of the Republic of Kazakhstan, consists of this Law, other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are stipulated by the legislation the Republic of Kazakhstan about the state reserve then are applied rules of the international treaty.

Article 3. Purpose of the state reserve

The state reserve is created and used for the purpose of:

1) ensuring mobilization needs;

2) ensuring first-priority works on the prevention and mitigation of consequences of emergency situations of natural and technogenic nature;

3) humanitarian assistance;

4) rendering the regulating impact on the market.

Article 4. System of the state reserve

The system of the state reserve is formed by authorized body and the organizations subordinated to it.

Article 5. Powers of the Government of the Republic of Kazakhstan

Government of the Republic of Kazakhstan:

1) performs the common directorship and determines single policy of development of the state reserve;

2) is created by the state reserve;

3) offers structure of system of the state reserve;

4) makes the decision on release of material values of the state reserve according to the procedure of razbronirovaniye and borrowing;

5) approves the nomenclature and amounts of storage of material values of the state reserve;

6) if necessary makes the decision on additional laying of material values in the state reserve over the established amounts at the expense of means of the republican budget;

7) it is excluded

8) approves the corresponding rules of operating by material values of the state reserve;

8-1) determines the list of subjects trade deyatelnostipoluchatel of material values, amount, the price and the size of the trade allowance in case of use of the state reserve for rendering the regulating impact on the market, and also selection criteria of the subjects of trading activity included in this list;

9) it is excluded

10) it is excluded

11) is determined by procedure for cost recovery to the business entities performing storage of the state reserve, and also cost recovery for the material values of the state reserve issued for the prevention and mitigation of consequences of emergency situations, rendering the regulating impact on the market and the humanitarian assistance;

12) makes decisions on placement and construction of facilities, the material values of the state reserve intended for storage;

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