ORDER OF THE CHAIRMAN OF THE AGENCY ON PROTECTION AND DEVELOPMENT OF THE COMPETITION OF THE REPUBLIC OF KAZAKHSTAN

of April 26, 2022 No. 11

About approval of Rules of placement in public access of information necessary for ensuring free change of the seller (supplier) of goods

According to articles 191-1 of the Entrepreneurial code of the Republic of Kazakhstan, PRIKAZYVAYU:

1. Approve the enclosed Rules of placement in public access of information necessary for ensuring free change of the seller (supplier) of goods.

2. To provide to department of the financial markets and other industries in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Agency on protection and development of the competition of the Republic of Kazakhstan (further - the Agency) after its official publication.

3. To impose control of execution of this order on the supervising vice-chairman of the Agency.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of April 26, 2022, No. 11

Rules of placement in public access of information necessary for ensuring free change of the seller (supplier) of goods

Chapter 1. General provisions

1. These rules of placement in public access of information necessary for ensuring free change of the seller (supplier) of goods with subjects of the market (further - Rules) are developed according to article 191-1 of the Entrepreneurial code of the Republic of Kazakhstan (further - the Code) and determine procedure for placement in public access of information necessary for ensuring free change of the seller (supplier) of goods.

2. The goods according to part two of item 4 of article 196 of the Code in these rules are understood as the goods, work, service which are object of civil circulation.

3. Subjects of the market provide placement of information necessary for ensuring free change of the seller (supplier) of goods, according to the procedure established by Chapter 2 of these rules.

Chapter 2. Procedure for placement in public access of information necessary for ensuring free change of the seller (supplier) of goods

4. Placement of information is provided by its publication on Internet resource of the subject of the market.

In the absence of Internet resource information is placed in open access on site to sales of goods.

5. The list of information which is subject to placement (further – information):

1) description of goods;

2) data on the main consumer properties of goods, including technical, economic and other characteristics;

3) the mass, amount, quantity, terms and other measured characteristics of goods;

4) goods cost;

5) discounts and other costs of goods of reduction, condition of their provision;

6) the additional allowances and other payments which are not included in goods cost, but necessary in case of purchase of goods;

7) conditions of purchase of goods;

8) availability (absence) of warranty period, condition of its provision;

9) date and place of production of goods, country of its origin;

10) service life and (or) expiration date, and (or) goods storage duration;

11) name (trade name), location (legal address) of the seller (manufacturer, contractor), location of the individual entrepreneur or legal entity (its branch, representation);

12) affiliation of the supplier of goods with other suppliers of similar goods;

13) other data necessary for ensuring free change of the seller (supplier) of goods and forming of the conscious choice of goods by his consumers.

6. Also treat the list of information necessary for ensuring free change of the seller (supplier) of goods: conditions, procedure for agreement cancelation.

Information specified in part one of this Item shall be provided in the agreement between the subject of the market and the consumer.

7. Information, component the commercial, office and protected by the law other secret, except as specified, established by the laws of the Republic of Kazakhstan is not subject to disclosure.

Chapter 3. Final provisions

8. Non-stationing in public access of information necessary for ensuring free change of the seller (supplier) of goods, according to article 191-1 of the Code is creation of barriers of change of the seller (supplier) of goods.

Creation of barriers of change of the seller (supplier) of goods according to article 177 of the Code belongs to unfair competition and attracts the responsibility established by the legislation of the Republic of Kazakhstan.

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