ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 21, 2005 No. 371

About approval of Rules of domestic trade

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 domestic trade.

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

Approved by the order of the Government of the Republic of Kazakhstan of April 21, 2005 No. 371

Rules of domestic trade

1. General provisions

1. These rules of domestic trade (further - Rules) are developed according to the Law of the Republic of Kazakhstan of April 12, 2004 "On regulation of trading activity" and determine procedure of internal trading activity in the territory of the Republic of Kazakhstan.

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 Republic of Kazakhstan.

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

1) mobile shop - the specialized vehicle equipped with trading equipment;

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

3) domestic trade (internal trading activity) the trading activity performed in the territory of the Republic of Kazakhstan;

4) 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;

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

6) goods quality - set of consumer properties of goods;

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

8) 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;

9) 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;

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

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

12) the seller - the subject of trading activity performing trading activity according to the current legislation of the Republic of Kazakhstan;

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

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

15) 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;

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

17) goods - any, not withdrawn from circulation, work product, held for sale or exchange;

18) 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;

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

20) 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;

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

22) trading house - 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;

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

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

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

26) 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;

27) the price - monetary value of cost of goods;

28) authorized body in the field of regulation of trading activity - the central executive body performing state regulation and coordination in the field of trading activity;

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

30) restaurant - the object of public catering and rest offering the range of dishes of difficult preparation including custom and corporate, and also alcoholic products with obligatory provision of services of waiters to consumers;

31) cafe - the object of public catering and rest offering the range of dishes of simple preparation, and also alcoholic products with obligatory provision of services of waiters to consumers;

32) bar - the object of public catering and rest offering to consumers of snack, desserts and confectionery, and also alcoholic products;

33) the dining room - object of public catering with independent consumer service.

2. Subjects and objects of internal trading activity

4. The physical persons or legal entities performing according to the procedure, established by the legislation of the Republic of Kazakhstan, trading activity treat subjects of internal trading activity.

5. Shopping facilities and objects of public catering belong to objects of domestic trade.

6. Shopping facilities treat:

1) vending machine;

2) portable counter;

3) mobile shop;

4) tent;

5) booth;

6) shop;

7) trading house;

8) trade market.

7. Specialization of the shopping facility is determined by his owner in coordination with state bodies of sanitary and epidemiologic service according to the legislation of the Republic of Kazakhstan.

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