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The document ceased to be valid since  January 12, 2017 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of December 26, 2016 No. 852

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 10, 2007 No. 786

About approval of Rules of implementation of electronic trading in the Republic of Kazakhstan

According to the Law of the Republic of Kazakhstan of April 12, 2004 "On regulation of trading activity" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of implementation of electronic trading in the Republic of Kazakhstan.

2. This resolution becomes effective from the date of signing and is subject to publication.

 

Prime Minister

Republic of Kazakhstan K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of September 10, 2007 No. 786

Rules of implementation of electronic trading in the Republic of Kazakhstan

1. General provisions

1. These rules of implementation of electronic trading in the Republic of Kazakhstan (further - Rules) are developed according to the laws of the Republic of Kazakhstan of April 12, 2004 "On regulation of trading activity", of January 7, 2003 "About the electronic document and the digital signature" and determine procedure of electronic trading.

2. Action of these rules does not extend to the public procurements of goods, works and services performed according to the legislation of the Republic of Kazakhstan on public procurements and also to the transactions made on platforms of the organizer of the biddings (stock exchange and the quoted organization of the over-the-counter market) regulated by the Law of the Republic of Kazakhstan "About the security market".

3. The concepts and terms used in these rules are applied according to the legislation of the Republic of Kazakhstan.

2. Participants of electronic trading

4. Participate in electronic trading:

persons rendering the services connected with the organization and management of the corresponding information systems and networks (obtaining, placement, storage of electronic documents with offers for sale and purchase), (intermediary);

persons offering to realization certain goods (seller);

persons who are potential buyers of the corresponding goods (buyer).

5. The seller provides to participants of electronic trading, authorized body in the field of regulation of trading activity, to the state body providing tax control behind execution of the tax liabilities before the state and law enforcement agencies the corresponding access to reliable information about himself electronically in the state and/or Russian languages, and if necessary in other languages. This information includes the following data:

surname, name and middle name (in the presence) the physical person registered as the individual entrepreneur, full name of the legal entity with indication of its form of business; location and data on state registration of the legal entity or data on registration of the individual entrepreneur; license availability (in case of the relevant requirement of the legislation), license number, license effective period, the name of the state body which granted the license, registration taxpayer number, mail and electronic addresses, and also phone number.

6. The intermediary in electronic trading provides protection of the electronic information resources allowing to guarantee prevention of unauthorized impact, disclosure and access to these information resources for the purpose of their destruction, modification, misstatement, copying and blocking.

7. The seller signs the written agreement with the intermediary on the right of placement of electronic documents with offers for sale, and also on search services from the arriving requests for purchase in specialization of the seller. Fee of the intermediary is made by the seller in sizes and the terms established by the agreement under approval between the parties.

8. Buyers do not make payment for entrance to information system for viewing of necessary information.

3. Procedure of electronic trading

9. The agreements which are not requiring the notarial certificate or state registration can be signed by exchange of the electronic documents certified by the digital signature which authenticity is certified according to the legislation of the Republic of Kazakhstan in the field of the electronic document and the digital signature.

10. It can be provided in the agreement signed in electronic trading that its separate conditions join in the agreement by sending to the electronic document placed in the corresponding information system. In this case the party which placed the electronic document provides possibility of easy access to it during the term of the agreement, and after this term provides storage of such document according to the procedure, stipulated by the legislation the Republic of Kazakhstan.

11. The agreement in electronic trading is considered the prisoner from the moment of receipt of the acceptance in the terms established in the offer. The offer and the acceptance contain essential terms of the contract according to the legislation of the Republic of Kazakhstan.

12. The terms of the contract specified in the offer are represented in the form allowing the receiver of the offer to store and reproduce them.

The seller in electronic form provides reliable information about goods.

13. The offers proceeding from the seller or the invitation to do offers, also other data on the goods offered them are represented in shape which allows their addressee who does not have special knowledge to determine unambiguously received data as belonging to electronic trading and in case of the conclusion of the agreement to constitute fair presentation about legal status of the seller, about the goods offered them, the prices of them and conditions of their acquisition.

14. Contents of electronic documents are not subject to change by the intermediary. In case of accomplishment of the specified requirement intermediaries do not bear the agreement responsibility, concluded with use of electronic documents concerning which they rendered services.

15. If the agreement of the parties does not provide other, assurance of receipt of the electronic document (the offer, the acceptance, assurance of receipt of the offer) is made by the direction of confirmation about its obtaining to the sender which also is the electronic document.

16. Payments and money transfers under the agreements signed in electronic trading are performed according to the legislation of the Republic of Kazakhstan.

17. Creation of the accounting documentation which is the basis for determination of the taxation objects and objects connected with the taxation and also for calculation of the tax liabilities is performed according to the legislation of the Republic of Kazakhstan.

18. In need of preserving documents, records or other information the following requirements are observed:

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