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LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 21, 2007 No. 298-III ZRK

About development of cotton industry

(as amended on 28-10-2019)

This Law determines legal, organizational and economic basis of development of cotton industry and governs the public relations arising in production process, procurements, purchase, conversion, storage and realization of cotton in the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:   

1) the holder of the mortgage certificate - the physical person or legal entity which is the pawnbroker of cotton in the obligation certified by the mortgage certificate;   

2) the holder of the warehouse certificate - the owner of cotton, pledged, in making cases on the warehouse certificate of the endorsement - the endorsee;   

3) lint - the fibrous cover of seeds which remained after department of cotton-fiber from cotton seeds;   

4) cotton - raw cotton, cotton-fiber, cottonseeds;   

4-1) hlopkozagotovitelny organization - the legal entity performing purchase and procurement of seed cotton;

5) the owner of cotton - the physical person or legal entity having raw cotton and (or) cotton-fiber, and (or) cottonseeds on the property right;   

6) hlopkopriyemny Item - the specialized construction intended for acceptance, storage and leave of seed cotton;   

7) fund of guaranteeing obligation fulfillment for cotton receipts - the legal entity performing the activities for the purpose of ensuring protection of the rights and legitimate interests of holders of cotton receipts from non-execution of obligations by the cotton-processing organizations for the cotton receipts issued by them;   

8) activities for rendering services in warehouse activities with issue of cotton receipts - the activities performed by the cotton-processing organizations for storage of seed cotton; to storage, leave of cotton-fiber and seeds of cotton and slaughtering of seed cotton in cotton-fiber;   

9) the cotton receipt - the double warehouse certificate granted by the cotton-processing organization in confirmation of acceptance of seed cotton on storage and (or) slaughtering; cotton-fiber and seeds of cotton - on storage;   

10) the holder of the cotton receipt - the owner of cotton who transferred to the cotton-processing organization raw cotton to storage and (or) slaughtering; cotton-fiber and cottonseeds - on storage; in making cases on the cotton receipt of the endorsement - the endorsee;   

11) participants of the cotton market - the physical persons and legal entities participating in production, procurement, purchase of seed cotton, its slaughtering in cotton-fiber and realization of cotton;   

12) monitoring of the cotton market - set of the actions directed to collection, processing and data analysis of the cotton market, including production, conversion, storage and realization of cotton, performed by participants of the cotton market;   

13) quality of cotton - set of the consumer properties of cotton determining compliance to requirements of documents for standardization;

14) the cotton-processing organization - the legal entity having ginnery on the property right, rendering services in slaughtering of seed cotton and warehouse activities with issue of cotton receipts;   

15) authorized body in the field of development of cotton industry (further - authorized body) - the central executive body determined by the Government of the Republic of Kazakhstan, performing state regulation of cotton industry;   

16) ginnery - the specialized construction intended for slaughtering of seed cotton in cotton-fiber;   

17) cotton-fiber - the main product received when slaughtering seed cotton;   

18) cotton-fiber pile - certain amount of the cotton-fiber pressed by special method received as a result of slaughtering of seed cotton in cotton-fiber with observance of requirements of technical regulations and documents for standardization;

19) examination of quality of cotton-fiber - package of measures, directed to establishment and confirmation of the actual quality factors of cotton-fiber, the including selection and testing of test, execution of the quality certificate of cotton-fiber;   

20) the quality certificate of cotton-fiber - the document certifying the actual quality factors of cotton-fiber and their compliance to requirements of documents for standardization and (or) contracts;

21) cottonseeds - the cotton fruits received when slaughtering seed cotton;   

22) cotton growing - crop production industry on cotton production;   

23) specialized cotton crop rotation - the evidence-based alternation of cotton with other crops interfering accumulating of diseases and wreckers, promoting preserving and increase in soil fertility, yield increase and qualities of seed cotton in case of which the cotton share in structure of cultivated area in the territory of land use of one agricultural producer constitutes no more than seventy percent;   

24) the agreement of conversion - the public agreement on slaughtering of seed cotton in cotton-fiber;   

25) the agreement of storage - the public agreement of storage of seed cotton;   

26) No. 268-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 28.10.2019

27) raw cotton - fiber with not separated seeds;   

27-1) procurement of seed cotton - the range of services performed by the hlopkozagotovitelny and (or) cotton-processing organizations, including acceptance, storage and leave of seed cotton;

28) slaughtering of seed cotton in cotton-fiber - complex of technology transactions on cleaning of seed cotton in cotton-fiber, seeds, lint, fibrous waste (ulyukosoderzhashchy and pukhosoderzhashchy);   

29) examination of quality of seed cotton - package of measures, directed to establishment and confirmation of the actual quality factors of seed cotton, the including selection and testing of test, execution of the certificate of quality of seed cotton;   

30) by-products of conversion of seed cotton - seeds, lint, fibrous waste (ulyukosoderzhashchy and pukhosoderzhashchy);   

31) storage of seed cotton - acceptance of seed cotton for storage and (or) slaughtering with issue of cotton receipts;   

32) production of seed cotton - complex of the agrotechnology actions directed to cultivation of seed cotton;

33) purchase of seed cotton - acquisition of seed cotton by the conclusion of the agreement of contracting according to which the agricultural producers who are engaged in cotton production sell raw cotton to the hlopkozagotovitelny and (or) cotton-processing organizations performing purchase of such products at the price and conditions determined by the agreement.

Article 2. Legislation of the Republic of Kazakhstan on development of cotton industry

1. The legislation of the Republic of Kazakhstan on development of cotton industry is based on the Constitution of the Republic of Kazakhstan and consists of this Law and 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 contain in this Law then are applied rules of the international treaty.

Chapter 2. State regulation of cotton industry

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