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The document ceased to be valid since October 29, 2014 according to Item 2 of the Order of the Government of the Kyrgyz Republic of  September 30, 2014 No. 560

ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of March 2, 2010 No. 118

About approval of the Set of rules of trade in the territory of the Kyrgyz Republic

(as amended on 27-01-2014)

For the purpose of enhancement of the organization of trading activity, creation of conditions for development of the consumer market and ensuring consumer protection in acquisition of high-quality trade services and goods, the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Set of rules of trade in the territory of the Kyrgyz Republic.

2. Recognize invalid:

- the order of the Government of the Kyrgyz Republic of June 10, 1993 No. 255 "About approval of the Regulations on conducting retail trade and trade productive activity in the territory of the Kyrgyz Republic";

- the order of the Government of the Kyrgyz Republic of February 2, 1994 No. 42 "About approval of Rules of commission trade in the territory of the Kyrgyz Republic";

- the order of the Government of the Kyrgyz Republic of March 3, 1994 No. 99 "About streamlining of trading activity";

- the order of the Government of the Kyrgyz Republic of April 15, 1994 No. 235 "About modification and amendments in the Regulations on conducting retail trade and trade productive activity in the territory of the Kyrgyz Republic approved by the order of the Government of the Kyrgyz Republic of June 10, 1993 No. 255";

- the order of the Government of the Kyrgyz Republic of July 18, 1994 No. 520 "About modification and amendments in the order of the Government of the Kyrgyz Republic of February 2, 1994 No. 42 "About approval of Rules of commission trade in the territory of the Kyrgyz Republic";

- the order of the Government of the Kyrgyz Republic of April 17, 1996 No. 175 "About approval of rules of retail trade by meat and meat products, dairy products, margarine and eggs, bread and bakery products, production and sales of products of public catering in the territory of the Kyrgyz Republic";

- the order of the Government of the Kyrgyz Republic of August 27, 1996 No. 405 "About approval of Rules of exchange of the nonfoods acquired in retail retail chain stores in the territory of the Kyrgyz Republic";

- the order of the Government of the Kyrgyz Republic of January 24, 1997 No. 26 "About approval of Rules of sale of products from precious metals and gemstones and work of Items of buying up at the population of precious metals, stones and products from them";

- the order of the Government of the Kyrgyz Republic of March 5, 1997 No. 128 "About entering of amendments into the order of the Government of the Kyrgyz Republic of February 2, 1994 No. 42 "About approval of Rules of commission trade in the territory of the Kyrgyz Republic";

- the order of the Government of the Kyrgyz Republic of May 6, 1997 No. 269 "About approval of regulations on procedure for management of the markets in the Kyrgyz Republic, rules of trade in the markets of the Kyrgyz Republic and work of small retail retail chain stores in the territory of the Kyrgyz Republic";

- the order of the Government of the Kyrgyz Republic of April 1, 1998 No. 176 "About entering of amendments and changes into some decisions of the Government of the Kyrgyz Republic concerning regulation of trading activity in the territory of the Kyrgyz Republic";

- the order of the Government of the Kyrgyz Republic of May 29, 1998 No. 315 "About entering of amendment into the order of the Government of the Kyrgyz Republic of June 10, 1993 No. 255 "About approval of the Regulations on conducting retail trade and trade productive activity in the territory of the Kyrgyz Republic";

- Item 6 and Item 8 of the order of the Government of the Kyrgyz Republic of January 31, 2000 No. 47 "About modification of some decisions of the Government of the Kyrgyz Republic regarding the authorization system concerning questions of simplification of registration procedures in case of the beginning of business activity and issue of permissions to the trade right";

- the order of the Government of the Kyrgyz Republic of April 27, 2000 No. 241 "About modification and amendments in the order of the Government of the Kyrgyz Republic of May 6, 1997 No. 269 "About approval of Provisional regulations for procedure for management of the markets in the Kyrgyz Republic, rules of trade in the markets of the Kyrgyz Republic and work of small retail retail chain stores in the territory of the Kyrgyz Republic";

- the order of the Government of the Kyrgyz Republic of December 31, 2001 No. 838 "About modification and amendments in some decisions of the Government of the Kyrgyz Republic regulating conducting retail trade and trade productive activity in the Kyrgyz Republic";

- the order of the Government of the Kyrgyz Republic of January 28, 2004 No. 38 "About entering of amendment into the order of the Government of the Kyrgyz Republic of May 6, 1997 No. 269 "About approval of regulations on procedure for management of the markets in the Kyrgyz Republic, rules of trade in the markets of the Kyrgyz Republic and work of small retail retail chain stores in the territory of the Kyrgyz Republic";

- the order of the Government of the Kyrgyz Republic of December 15, 2004 No. 929 "About modification and recognition voided some decisions of the Government of the Kyrgyz Republic";

- Item 2 of the order of the Government of the Kyrgyz Republic of August 27, 2007 No. 377 "About modification and amendments and recognition voided some decisions of the Government of the Kyrgyz Republic";

- the order of the Government of the Kyrgyz Republic of October 30, 2007 No. 524 "About modification and amendments in the order of the Government of the Kyrgyz Republic of May 6, 1997 No. 269 "About approval of the Regulations on procedure for management of the markets in the Kyrgyz Republic, rules of trade in the markets of the Kyrgyz Republic and work of small retail retail chain stores in the territory of the Kyrgyz Republic";

- the order of the Government of the Kyrgyz Republic of December 24, 2007 No. 616 "About approval of Rules of retail trade by alcoholic products in the Kyrgyz Republic".

3. This resolution becomes effective from the date of official publication.

4. To impose control of execution of this resolution on the Ministry of economic regulation of the Kyrgyz Republic.

Prime Minister

D. Usenov

Approved by the Order of the Government of the Kyrgyz Republic of March 2, 2010, No. 118

The set of rules of trade in the territory of the Kyrgyz Republic

Chapter 1. General provisions

1. This Set of rules of trade in the territory of the Kyrgyz Republic (further - Rules) determines procedure of trading activity in the territory of the Kyrgyz Republic. These rules extend to all subjects of entrepreneurship, and also to the citizens who are engaged in business activity without formation of legal entity.

2. These rules do not extend to the relations on turnover of separate types of goods which are regulated by special legal acts of the Kyrgyz Republic.

3. In these rules the following basic concepts are used:

mobile shop - the vehicle equipped with trading equipment;

range of goods - set of the goods combined on any to one or set of signs;

domestic trade (internal trading activity) - the trading activity performed in the territory of the Kyrgyz Republic;

exit trade - the retail trade performed out of fixed retail network with use of the specialized or specially equipped for trade vehicles, and also the mobile equipment used only complete with the vehicle;

portable counter - easily built transportable or figurative trade place located on certain place;

goods quality - set of consumer properties of goods;

booth - the non-capital figurative structure equipped with trading equipment which does not have trade floor established on the specially allotted parcel of land;

container - the shopping facility, the metal structure taking one or two workplaces with trade floor or without it;

commission trade - the form of the organization of retail trade which is characterized by sale of the nonfoods accepted from the population on the commission both new, and being in the use, but not requiring repair and net in the sanitary relation;

tray - portable counter, the trade place in the form of table located on the specially allotted place;

shop - the capital stationary structure or its part provided with trade, utility, administrative and household rooms, and also rooms for acceptance, storage and preparation of goods for sale;

small retail retail chain stores - the part of retail retail chain stores consisting of tents, stalls, booths, mini-cafe (summer cafes), vending machines out of stationary trade items and Items of portable trade;

non-stationary retail chain stores - the retail chain stores functioning on the principles of peddling trade;

wholesale trade - business activity on sales of goods, intended for the subsequent sale or other purposes which are not connected with personal, family, home and other similar use;

tent - easily built structure from collapsible designs equipped with trading equipment and located on specially certain place;

the pavilion - the equipped structure having trade floor and the room for storage of trade inventory expected one or several workplaces;

the buyer - the physical person or legal entity acquiring goods;

the seller - the subject of trading activity performing trading activity according to the current legislation of the Kyrgyz Republic;

the payment plastic card (the bank plastic card) - the means of making of clearing settlements, receipts of banking services executed on polymeric basis with information in the form of stamping on magnetic strip or on the integrated circuit according to international standards;

peddling trade - the retail trade performed out of fixed retail network by direct contact of the seller with the buyer at home in organizations, the organizations, the companies, transport or on the street;

retail trade - business activity on sales of goods to consumers for their personal use;

retail retail chain stores - set of Items of retail sale of goods;

self-service - the retail method based on independent survey, selection and delivery by the buyer of the selected goods in check-out;

perishable foodstuff - the foodstuff requiring special conditions of transportation, storage and realization in strictly regulated terms;

buying up - the form of the organization of retail trade which is characterized by acceptance from the population both the new, and being in the use goods, establishment of contract price, settling with the deliverer and subsequent their sale;

specialization of the shopping facility - the activity of the shopping facility determined depending on realization of one or several types of the goods combined on any to one or set of signs;

expiration date - period of time after which the goods are considered unsuitable for proper use;

storage duration - the period during which the goods in case of observance of the established storage conditions keep all the properties specified in regulating documents;

fixed retail chain stores - the network of the shopping facilities located in the buildings and structures which are specially equipped and intended for conducting trade, which is characterized by permanency of their location;

subjects of trading activity (subjects of entrepreneurship) the physical persons and legal entities registered in accordance with the established procedure and performing the activities in the field of trade and public catering and also non-profit organizations if maintaining trading activity is not forbidden by the legislation;

goods - any, not withdrawn from circulation, work product, held for sale or exchange;

the vending machine - the automated device, held for sale goods;

trading activity - the business activity of physical persons and legal entities directed to implementation of purchase and sale of goods;

trading house (supermarket, the mall) - capital stationary structure in which set of the shopping facilities and objects of public catering managed as a unit is located, intended for trading activity and provided with trade, administrative and household and storage facilities and the platform for the parking of vehicles within borders of the territory;

trade floor - specially equipped main part of the trade room intended for servicing of buyers;

trade information - data on goods, the manufacturer, the seller, stipulated by the legislation and brought to the buyer for the purpose of acquaintance with goods and features of its use;

trade stock - the objects intended for implementation of trading activity;

the shopping facility - the property complex used by subjects of trading activity for implementation of trading activity;

the trade market - the isolated property complex with centralization of functions of economic servicing of the territory, management and protection acting on the permanent basis isolated from the adjacent territory intended for trading activity and provided with the platform for the parking of vehicles within borders of the territory;

retail chain stores - set of the shopping facilities located within the specific territory or which are under general management;

the commodity neighbourhood - the conditions excluding the joint storage and realization of crude and ready-made products preventing their pollution and penetration of the foreign smells affecting goods quality;

the price - monetary value of cost of goods.

Chapter 2. Requirements to implementation of trading activity

4. The trading activity in the territory of the Kyrgyz Republic can be performed by physical persons and legal entities, regardless of their forms of business and patterns of ownership, registered in the procedure established by the law.

5. The foreign physical persons and legal entities, stateless persons registered in accordance with the established procedure and performing business activity in the Kyrgyz Republic are engaged in trading activity based on the work permits in the territory of the Kyrgyz Republic issued by authorized body of the Kyrgyz Republic in the field of migration.

6. The shopping facility shall have sign with indication of its name in the state and official languages, accessory (owner), operating mode.

The following information shall be in a visible place hung out:

- extraction from the these rules and other regulations regulating trade and production trading activity;

- the name of the subject of the entrepreneurship (for physical person - First name, middle initial, last name) which opened this shopping facility.

7. On shopping facilities the set operating mode and commodity profile shall be observed.

8. The operating mode of the seller - the state or municipal shopping facility is established according to the decision of relevant organs of local self-government. The operating mode of the seller - the shopping facility of other pattern of ownership, and also the entrepreneur is established by them independently on condition of observance of requirements of law and order.

9. Local government bodies can determine according to the legislation of the Kyrgyz Republic additional terms of opening and functioning of objects of trade and public catering in the subordinated territory.

10. Trade and production rooms of the shopping facility are equipped according to the existing regulations and industrial safety rules, health, environment protection, storage, production and sales of products (goods), fire safety and to other requirements provided by regulatory legal acts.

11. Servicing of buyers stops with approach of closing time of the shopping facility.

12. In show-windows of the company samples only of those goods which are available on sale are exposed. Each sample of goods is supplied (price label) which is accurately drawn up by label of the prices and shall have marking with details according to requirements of the regulating documentation of this type of goods.

Acceptance, preparation and sales of goods

13. Goods acceptance by quantity and quality on shopping facilities shall be performed according to the existing regulations (documents) and accompanying documents of the supplier (seller).

14. Check and survey on goods quality are performed according to the procedure, established by these rules and other regulating documents.

15. The goods accepted by the shopping facility are credited in day of receipt on their actual availability.

16. Goods shall have the label with indication of the data established by regulatory legal acts.

17. Storage and other facilities of the company are equipped with necessary fire-proof and mechanical remedies, and also the corresponding alarm system.

18. In case of goods issue (products) workers of the shopping facility shall use the measuring devices confided by authorized bodies of metrological service of the Kyrgyz Republic.

19. The shopping facility shall inform timely in evident and available form the buyer the necessary and reliable information about goods and their manufacturers providing possibility of their right choice.

20. Implementable goods shall have information established by regulatory legal acts of the Kyrgyz Republic.

21. If the goods acquired by the buyer were in the use or in it the defect (shortcomings) was eliminated, information on it shall be provided to the buyer.

22. In the shopping facilities performing sale by self-service method, selection by buyers of goods is made in inventory container (baskets, trays, carts). The buyer is forbidden to place unpaid goods in the bag before calculation for purchase.

23. The shopping facilities performing trade in self-service method shall be provided in enough with inventory container and other necessary stock for selection by buyers of goods.

24. The nonfoods chosen by the buyer can be stored in the shopping facility within two hours since payment for goods, noted on the cash register receipt.

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