LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 12, 2004 No. 544-II

On regulation of trading activity

This Law governs the public relations in the field of trading activity, establishes the principles and organizational bases of its state regulation.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) automatic licensing (observation) - the temporary measure established for the purpose of monitoring of dynamics of export and (or) import of separate types of goods;

2) information and advertizing trading floor - the Internet resource containing the advertizing (information) information about sellers, and also goods, works, services for the purpose of the organization of their purchase and sale;

3) exclusive right - the right to the implementation by participants of foreign trade activity of export and (or) import of separate types of goods provided on the basis of the exclusive license;

4) marked-down goods - the goods realized at reduced price in connection with availability of shortcoming or elimination of shortcoming;

5) threshold value of retail prices on socially important food products - the admissible level of retail prices established for the purpose of non-admission of unreasonable increase in prices, deduction of inflation in admissible limits and ensuring macroeconomic stability in the country to which the subject of domestic trade has the right to determine retail prices on socially important food products;

6) maximum permissible retail prices on socially important food products - the level of retail prices established by local executive bodies in case of exceeding of threshold values of retail prices on socially important food products;

7) control (identification) sign - the form of the strict reporting (document) with elements (means) of protection against counterfeit (the protected printed material) containing means of identification and intended for marking of goods;

8) retail trade - business activity on sale to the buyer of the goods intended for the personal, family, home or other use which is not connected with business activity;

9) sale - sales of goods of proper quality at reduced prices;

10) import customs duty - the obligatory payment levied by customs authorities in case of commodity importation on customs area of the Eurasian Economic Union;

11) export customs duty - the obligatory payment levied in case of commodity export;

12) extra quote rate of customs duties - the amount (size) of the import or export customs duty established on the goods imported or exported over the established tariff quota;

13) intra quote rate of customs duties - the amount (size) of the import or export customs duty established on the goods imported or exported within the established tariff quota;

14) 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;

14-1) No. 96-VIІ ZRK is excluded according to the Law of the Republic of Kazakhstan of 30.12.2021

14-2) The export credit agency of Kazakhstan (further - Export credit agency) - the legal entity determined by the decision of the Government of the Republic of Kazakhstan which has the status of national institute of development in the field of development and promotion of non-oil export and performs activities according to this Law and the legislation of the Republic of Kazakhstan;

14-3) measure for safety reasons - the measure entered by the third party concerning import from the Republic of Kazakhstan and infringing on interests of homeland security;

15) public catering - the business activity connected with production, conversion, realization and the organization of consumption of food;

16) specialized electronic trading platform - electronic trading platform on which goods of one class, works and services of one type of economic activity are implemented;

17) the material carrier - the control (identification) sign or object from any materials which contains or does not contain elements (means) of protection against counterfeit and is intended for drawing, storage and transfer of means of identification;

18) the compensating measure - measure for neutralization of negative impact of specific subsidy of the subsidizing state member of the Eurasian Economic Union for industry of economy of state member of the Eurasian Economic Union which submitted the application for introduction of this measure;

18-1) allowing document - the document issued to the participant of foreign trade activity on the right of import and (or) export of separate types of goods (the license, the act of the state control, the conclusion, notification, permission);

19) it is excluded;

20) it is excluded;

21) quantitative restrictions - measures for quantitative restriction of foreign trade in goods which are entered by establishment of quotas;

21-1) expert organizations - the legal entity having in staff of the expert-auditor in determination of the country of goods' origin, the status of goods of the Eurasian Economic Union or foreign goods, who is carrying out works on conducting examination of goods origin, the status of goods of the Eurasian Economic Union or foreign goods;

22) the floor space - the square of the shopping facility occupied with the special equipment, intended for the calculation, goods demonstration, servicing of buyers and carrying out cash settlings with buyers in case of sales of goods, pass of buyers;

23) the trade market - the isolated property complex intended for trading activity, with centralization of functions of economic servicing of the territory, management and protection, acting on the permanent basis and provided with the platform for the parking of vehicles within borders of the territory, and also conforming to sanitary and epidemiologic requirements, requirements of fire safety, architectural and construction and other requirements according to the legislation of the Republic of Kazakhstan;

24) retail chain stores - set of two and more shopping facilities which are under general management and are used under single commercial designation and other means of individualization, except for the trade markets;

25) trading activity - activities which include domestic and foreign trade;

26) authorized body in the field of regulation of trading activity (further - authorized body) - the central executive body creating trade policy and performing management, and also cross-industry coordination in the field of trading activity;

27) the shopping facility - the building or part of the building, construction or part of construction, the trade market, the automated device or the vehicle which are specially equipped with the equipment intended and used for the calculation, goods demonstration, servicing of buyers and carrying out cash settlings with buyers in case of sales of goods;

28) the trade place - the place equipped with the equipment intended and used for the calculation, goods demonstration, servicing of buyers and carrying out cash settlings with buyers in case of sales of goods;

29) trade policy - set of the organizational, legal, economic, control and other measures which are carried out by state bodies for realization of the purposes and the principles established by this Law;

30) trade measures - special protective, anti-dumping, countervailing measures;

31) means of identification - the unique sequence of symbols in machine-readable form presented in barcode type, or which is written down on radio-frequency tag, or provided with use of other means (technology) of automatic identification;

32) the non-stationary shopping facility - the shoddy construction or temporary design which is unsteadily connected with the earth regardless of availability or lack of connection (technology accession) to networks of engineering facilities including the automated device or the vehicle;

33) the stationary shopping facility - the building or part of the building (the built-in, built-in attached, attached room), the construction or part of construction (the built-in, built-in attached, attached room) firmly connected with the earth and connected (technology attached) to networks of engineering facilities;

33-1) remuneration - the money payment of the supplier of food products to the subject of domestic trade performing sales activity of goods by means of the organization of retail chain stores or large shopping facilities, connected with acquisition and realization of food products including services in promotion of food products, including by advertizing of such goods and implementation of their special calculation, and also preparation, processing, packaging of these goods, the admission in retail chain stores or large shopping facilities;

34) foreign trade (further - foreign trade activity) - the activities of participants of foreign trade activity connected with export from the Republic of Kazakhstan and (or) import to the Republic of Kazakhstan of goods;

35) participants of foreign trade activity - the physical persons performing foreign trade activity including registered as individual entrepreneurs according to the legislation of the Republic of Kazakhstan and the legal entities created according to the legislation of the Republic of Kazakhstan, and also the organization not being legal entities;

36) the marked goods - goods on which means of identification with observance of the established requirements and authentic data about which (including data on the means of identification and (or) material carriers containing means of identification applied on them) contain in national component of information system of marking of goods are applied;

37) the tariff privilege - remission or decrease in import or export customs duty;

38) the tariff quota - the measure of regulation of import to the territory of the Republic of Kazakhstan or export from the territory of the Republic of Kazakhstan of separate types of goods providing application during the certain period of lower rate of import or export customs duty when importing or exporting certain goods quantity (in natural or value term) in comparison with effective rate of import or export customs duty;

39) tariff preference - decrease in the amount of the customs duty concerning the goods occurring and exported from the Republic of Kazakhstan to the countries with which at the Republic of Kazakhstan agreements on the free trade area, the goods occurring and imported from said countries into the Republic of Kazakhstan according to provisions of such agreements, and the goods coming from developing countries or the least developed countries - users of single system of tariff preferences of the Eurasian Economic Union are signed;

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

40-1) certificate of origin - the document testimonial of the country of goods' origin, the status of goods of the Eurasian Economic Union or foreign goods;

40-2) experts-auditors in determination of the country of goods' origin, the status of goods of the Eurasian Economic Union or foreign goods - the physical persons certified according to the procedure, determined by authorized body;

41) the Single operator of marking and traceability of goods - the state company, joint-stock company, limited liability partnership, more than fifty percent of voting shares (shares in the authorized capital) which directly or indirectly belong to the state, performing development, administration, maintenance and operational support of information system of marking and traceability of goods, including development, maintaining and updating of the National catalog of goods, and other functions, stipulated by the legislation the Republic of Kazakhstan;

42) industry authorized state bodies in the field of marking and traceability of goods - the state bodies performing conducting marking and traceability of goods in the industries regulated by them;

43) the coordinating body in the field of marking and traceability of goods - the central executive body performing management and cross-industry coordination concerning marking and traceability of goods;

44) class of goods - set of the goods having similar functional purpose;

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