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LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 21, 2007 No. 305-III ZRK

About safety of machines and the equipment

(as amended on 24-11-2021)

This Law governs the public relations by determination, establishment, application and execution of requirements to machines and the equipment, processes of their lifecycle and establishes the legal basis of safety for guaranteeing protection of life, health of the person and the environment.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

1. In this Law the following basic concepts are used:

1) date of production - end date of production process of machines and the equipment;

2) the equipment - the technical device established on the machine and necessary for accomplishment of the main and (or) additional functions of machines and also for their consolidation in single complex;

3) unacceptable risk - the risk exceeding the level of safety of machines and the equipment for life and health of the person, the environment established by the legislation of the Republic of Kazakhstan;

4) admissible risk level - the level of safety of machines and the equipment established by technical regulations and the project documentation;

5) the danger area - zone in the machine or around it in which the person is exposed to risk of damnification of life or health;

6) dangerous machines and the equipment - the machines and the equipment posing hazard to life and health of the person, the environment and recognized by not conforming to safety requirements, established this Law and technical regulations;

7) the machine - the technical device or set of devices intended for transformation of energy, materials and information consisting of the interconnected components at least one of which can move;

8) the designer of the machine and (or) equipment (further - the designer) the physical person or legal entity developing the project documentation and the maintenance instruction of machines and (or) the equipment;

9) lifecycle of machines and the equipment - design processes, productions, operation (including repair, technical and field service), storages, transportations, realization, destructions and utilizations;

10) safety of machines and the equipment - lack of the unacceptable risk connected with damnification of life, to health of the person and the environment;

11) the subjects responsible for safety of machines and the equipment, - the designer, the producer, the authorized representative, the importer, personnel (operators), the user of machines and the equipment;

12) confirmation of conformity of machines and the equipment - the procedure which the documentary certificate of compliance (in the form of the declaration of conformity or the certificate of conformity) is result of machines and (or) the equipment to the requirements established by technical regulations, documents on standardization or conditions of agreements;

13) the declaration of conformity of machines and the equipment - the document which the producer certifies compliance of the released machines and (or) the equipment to the established requirements;

14) producer - physical person or legal entity which makes machines and (or) the equipment;

15) the user - the physical person or legal entity performing operation of the machine and (or) equipment;

16) personnel (operators) - persons occupied in start, operation, adjustment, routine maintenance, cleaning, repair, storage or transportation of machines and the equipment;

17) mark of conformity - the designation serving for informing buyers on passing as machines and (or) the equipment of the procedure of confirmation of conformity;

18) authorized body - the state body performing according to industry orientation within the conferred powers management and coordination of activities of other state bodies ensuring safety of machines and the equipment;

19) the authorized representative - the physical person or legal entity having the written powers from the producer resolving conducting (implementation) trade from his name;

Limiting 20) condition - condition of machines and the equipment in case of which their further operation or recovery of their operating state are impossible or inexpedient;

21) refusal - the event consisting in violation of operating state of machines and the equipment.

2. The concepts of the legislation of the Republic of Kazakhstan in the field of safety of machines and the equipment which are not specified in this Article are used in the values determined in the relevant articles of this Law.

Article 2. The legislation of the Republic of Kazakhstan in the field of safety of machines and the equipment

1. The legislation of the Republic of Kazakhstan in the field of safety of machines and the equipment is based on the Constitution of the Republic of Kazakhstan, 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.

Article 3. Scope of this Law

1. This Law acts on the territory of the Republic of Kazakhstan and extends to the machines and the equipment made in the Republic of Kazakhstan and imported on the territory of the Republic of Kazakhstan, and also processes of their lifecycle.

2. Operation of this Law does not extend to machines and the equipment, requirements to which are established by other laws of the Republic of Kazakhstan.

3. The machines and the equipment which are not conforming to safety requirements, the established this Law and technical regulations are not allowed to production processes, realization, storages, transportations, operation (including to repair, technical and field service).

4. Car sales and the equipment in the territory of the Republic of Kazakhstan are forbidden, to not conforming requirements of this Law, the technical regulations intended for display at exhibitions and demonstrations.

During such demonstrations and exhibitions necessary measures for protection of life, human health and the environment shall be taken.

Article 4. The state system of the bodies ensuring safety of machines and the equipment

1. The single state system of the bodies ensuring safety of machines and the equipment is constituted:

1) Government of the Republic of Kazakhstan;

2) authorized body in the field of the industry and trade;

3) authorized body in the field of industrial safety;

4) authorized body in the field of agricultural industry;

5) authorized body in the field of power and mineral resources;

6) authorized body in the field of transport and communications.

2. The authorized bodies specified in subitems of 2)-6) of Item 1 of this Article perform state regulation in the field of safety of machines and the equipment according to industry orientation.

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

Are within the competence of the Government of the Republic of Kazakhstan:

1) development of state policy in the field of safety of machines and the equipment;

2) it is excluded

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