Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 12, 2003 No. 439-II

About state regulation of production and turnover of tobacco products

(as amended on 05-10-2018)

This Law governs the public relations arising in production process and turnover of tobacco products.

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) excise stamp - the brand having protection elements, put per unit of products according to the legislation of the Republic of Kazakhstan;

1-1) personal identification numbers codes (further - the PIN code) - the identification number assigned on the made and imported tobacco products;

1-2) accounting and control brands - the special one-time sticker with necessary degrees of protection intended for identification of tobacco products for the purpose of accounting and control of their turnover;

1-3) packs - unit of the consumer pack made of cardboard or the paper or other material containing certain quantity of tobacco product;

1-4) packagings - unit of the group consumer pack containing certain quantity of packs;

1-5) identifications - the procedure providing in the field of production, the address (turnover), use unambiguous recognition of certain products among similar on distinctive signs;

1-6) markings - the text, symbol and drawings bearing information for the consumer and applied on packs and packagings;

2) turnover of tobacco products - export, import, storage, wholesale and retail sale of tobacco products;

3) wholesale of tobacco products - realization (shipment) of tobacco products for further resale;

4) the passport of production - the document reflecting the indicators of production capacities of the tobacco product manufacturer, its main characteristics regulating use of the available equipment for observance of engineering procedure of production;

5) the tobacco product manufacturer - physical person or legal entity which makes tobacco products for sale;

5-1) accompanying waybill on tobacco products - the document intended for control of movement of tobacco products;

6) tobacco products manufacture - set of the engineering procedures providing production of the tobacco products corresponding to documents on standardization;

7) tobacco products - the products fully or partially made of tobacco leaf as the raw material prepared so that to use for smoking, sucking, chewing or shuffing;

7-1) filtered cigarettes - type of the smoking tobacco products created from cut tobacco, which are wrapped up by cigarette paper using the filter;

7-2) non-filtered cigarettes - type of the smoking tobacco products created from cut tobacco, which are wrapped up by cigarette paper without use of the filter;

8) authorized body - the state body exercising control and regulation of production and turnover of tobacco products.

Article 2. Legislation of the Republic of Kazakhstan on state regulation of production and turnover of tobacco products

1. The legislation of the Republic of Kazakhstan on state regulation of production and turnover of tobacco products 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 governing the relations connected with production and turnover of tobacco products.

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. State regulation of production and turnover of tobacco products

1. State regulation of production and turnover of tobacco products is performed by the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, authorized body, and also other state bodies within their competence established by the legislation of the Republic of Kazakhstan.

2. State regulation of production and turnover of tobacco products includes:

1) licensing of activities for tobacco products manufacture;

2) regulation of import of tobacco products;

3) control of production and turnover of tobacco products by means of implementation of monitoring and establishment of procedure for declaring;

4) establishment of the minimum retail prices on filtered cigarettes, without filter and cigarette.

Article 4. Competence of the Government of the Republic of Kazakhstan

Government of the Republic of Kazakhstan:

1) develops the main directions of state policy in the field of state regulation of production and turnover of tobacco products;

2) publishes within the competence regulatory legal acts of the Republic of Kazakhstan in the field of state regulation of production and turnover of tobacco products;

3) sets restrictions and import bans to the Republic of Kazakhstan of tobacco products according to the laws of the Republic of Kazakhstan;

4) No. 269-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.12.2014

4-1) No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

4-2) establishes the minimum retail prices on filtered cigarettes, without filter and cigarette;

5) it is excluded

6)  No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

7)  No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

8) performs other functions assigned to it by the Constitution, the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 5. Competence of authorized body

Authorized body:

 1) publishes within the competence regulatory legal acts of the Republic of Kazakhstan in the field of state regulation of production and turnover of tobacco products;

Controls 2), accounting and the analysis of balances of production volumes and turnover of tobacco products;

3) grants licenses for tobacco products manufacture according to the legislation of the Republic of Kazakhstan on permissions and notifications; 

4) interacts with state bodies on control over production and turnover of tobacco products;

5) No. 159-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 13.01.2014

5-1) determines form, procedure and terms of submission of the data necessary for monitoring implementation;

5-2) determines form, procedure and terms of submission of declarations on remaining balance and (or) turnover of tobacco products;

5-3) establishes procedure for marking of tobacco products excise stamps or accounting and control brands;

5-4) develops and approves rules of registration and use of accompanying waybills on tobacco products;

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