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LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 10, 1998 No. 279-I

About drugs, psychotropic substances, their analogs and precursors and measures of counteraction to their illicit trafficking and abuse of them

(as amended on 27-12-2018)

This Law regulates the legal basis of state policy in the sphere of drug trafficking, psychotropic substances, their analogs and precursors and establishes measures of counteraction to their illicit trafficking for the purpose of rendering the narcological help and protection of public health, public and state security.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) retail trade - sale of drugs, psychotropic substances and precursors by the piece or in small amounts for private consumption according to the recipe of the doctor;

2) drugs - plants, the substances or medicines classified as the drugs, psychotropic substances, their analogs constituting potential danger for health of the population in connection with consequences which abuse of them can cause, included in the List of the drugs, psychotropic substances and precursors which are subject to control in the Republic of Kazakhstan;

3) drugs - the substances of synthetic or natural origin included in the List of the drugs, psychotropic substances and precursors which are subject to control according to the legislation of the Republic of Kazakhstan, the Single convention on drugs of 1961 with the amendments introduced in it according to the Protocol of 1972 on amendments to the Single convention on drugs of 1961;

4) the List of deputies of atoms of hydrogen, halogens and (or) hydroxyl groups in structural formulas of drugs, psychotropic substances - the list of monovalent or bivalent atoms or groups of atoms determined by bodies of judicial examination;

5) the standard rate of providing with drugs, psychotropic substances and precursors (further - the standard rate of providing) - the amount of certain drugs, psychotropic substances and precursors permited legal entities for realization in the territory of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan;

6) drug trafficking, psychotropic substances and precursors - the types of activity permitted and controlled according to the legislation of the Republic of Kazakhstan connected with cultivation, collection and procurement of narkotikosoderzhashchy plants, development, production, conversion, import, export, en route, transportation, transfer, acquisition, storage, distribution, realization, use, destruction of drugs, psychotropic substances and precursors;

7) authorized state body in the sphere of drug trafficking, psychotropic substances, their analogs and precursors - the body which within the competence provided to it creates and coordinates implementation of state policy in the sphere of drug trafficking, psychotropic substances, their analogs and precursors;

8) import and export of drugs, psychotropic substances and precursors - movement of drugs, psychotropic substances and precursors from one state to other state;

9) production of drugs, psychotropic substances and precursors - all processes, except for productions by means of which drugs, psychotropic substances and precursors, and also transformation of drugs, psychotropic substances and precursors in other drugs, psychotropic substances and precursors can be received;

10) drug trafficking, psychotropic substances, their analogs and precursors - the drug trafficking, psychotropic substances, their analogs and precursors performed with violation of the law of the Republic of Kazakhstan;

11) production of drugs, psychotropic substances and precursors - the process directed to serial receipt of drugs, psychotropic substances and precursors from chemicals and (or) plants or from other drugs, psychotropic substances and precursors;

12) conversion of drugs, psychotropic substances and precursors - actions from which result refinement (cleaning of foreign impurity), increase in medicine of concentration of drugs, psychotropic substances and precursors, and also obtaining on their basis of the substances which are not drugs, psychotropic substances and precursors;

13) use of drugs, psychotropic substances and precursors - target use of drugs, psychotropic substances and precursors;

14) transportation and transfer of drugs, psychotropic substances and precursors - any actions for movement within the Republic of Kazakhstan of drugs, psychotropic substances or precursors irrespective of method of transportation and the storage location;

15) the standard rate of consumption of drugs, psychotropic substances and precursors (further - the standard rate of consumption) - the amount of certain drugs, psychotropic substances and precursors necessary for consumption for particular legal entities declared in authorized state body in the sphere of drug trafficking, psychotropic substances, their analogs and precursors according to the legislation of the Republic of Kazakhstan;

16) transit of drugs, psychotropic substances and precursors - movement of drugs, psychotropic substances and precursors from one state to other state through the territory of the third state;

17) abuse of drugs, psychotropic substances, their analogs (illegal consumption of drugs, psychotropic substances, their analogs) - intentional illegal consumption of drugs, psychotropic substances, their analogs without appointment of the doctor;

17-1) analogs of drugs, psychotropic substances - the chemicals which are not included in the List of the drugs, psychotropic substances and precursors which are subject to control in the Republic of Kazakhstan which structural formulas are formed by replacement of one or several atoms of hydrogen, halogens and (or) hydroxyl groups in structural formulas of drugs, psychotropic substances on their deputies;

18) 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 types of drugs, psychotropic substances, their analogs and precursors with the established sizes (small, large, especially large) which are determined by bodies of judicial examination and in subsequent are the basis for approach of administrative or criminal liability;

19) wholesale - sale of large consignments of drugs, psychotropic substances and precursors;

20) the List of the drugs, psychotropic substances and precursors which are subject to control in the Republic of Kazakhstan - the list of the drugs which are subject to control in the Republic of Kazakhstan, the psychotropic substances and precursors numbered and united in the corresponding tables and the list on the basis of international conventions;

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