I.O.'S ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of March 27, 2015 No. 264

About approval of Rules of domestic trade

According to subitem 4-1) of article 7 of the Law of the Republic of Kazakhstan of April 12, 2004 "On regulation of trading activity", PRIKAZYVAYU:

1. Approve the enclosed Rules of domestic trade.

2. To provide to department of regulation of trading activity of the Ministry of national economy of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan its direction on official publication in periodic printing editions and information system of law of Ad_let;

3) publication of this order on official Internet resource of the Ministry of national economy of the Republic of Kazakhstan;

4) bringing this order to data of local executive bodies of areas, cities of republican value and capital.

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after the first official publication.

Approved by the Order of the acting minister of national economy of the Republic of Kazakhstan of March 27, 2015 No. 264

Rules of domestic trade

Chapter 1. General provisions

1. These rules of domestic trade (further - Rules) are developed according to subitem 4-1) of article 7 of the Law of the Republic of Kazakhstan "On regulation of trading activity" (further - the Law) and determine procedure of internal trading activity in the territory of the Republic of Kazakhstan.

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

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

2) the automatic machine - the automated device, held for sale goods;

3) the dining room - object of public catering with independent consumer service;

4) the outlet the center - the stationary shopping facility provided by one or several subjects of domestic trade, realizing groups of nonfoods of the previous seasons of release released under the single trademark or brand with considerable discounts (from twenty to ninety percent), can enter into retail chain stores;

5) agricultural fair - the fair organized for the purpose of provision to the population of possibility of purchase of goods, mainly agricultural for reasonable price;

6) the administrator - the physical person designated by the head of administration of the shopping facility according to the labor law of the Republic of Kazakhstan, providing functioning of the shopping facility and the organization of its work according to the legislation of the Republic of Kazakhstan on regulation of trading activity;

7) administration - the management personnel created by the owner (owner) of the shopping facility for direct management of its activities;

8) administrative zone - part of the stationary shopping facility where its administration is located;

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

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

11) 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;

12) the vending machine - the automated device performing sales of goods, and the device for automatic preparation, realization of food products by means of the automated systems without participation of the seller;

13) hypermarket - the stationary shopping facility provided by one or several subjects of domestic trade, implementing specialized or the mixed range of goods, including furniture, household appliances, garden goods, the sports equipment and another, with availability of subjects to additional appointment, with the platform for the parking of vehicles, can enter into retail chain stores;

14) 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;

15) discount the center - the stationary shopping facility provided by one or several subjects of domestic trade, realizing the narrow range of food products (twenty percent from the total amount of the provided goods, without perishable products, generally "dry" or products of deep freezing) and nonfoods of daily demand at the prices is lower than average market, can enter into retail chain stores;

16) shop - the stationary shopping facility provided by one or several subjects of domestic trade, performing sales of goods to buyers for their personal, family, home use can enter into retail chain stores;

17) booth - the non-capital figurative construction equipped with trading equipment, which does not have trade floor and rooms for storage of food products, expected one or several trade places;

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

19) regulations of work - the document in which the procedure for the organization of activities of the large shopping facility, its administration, including calculation of cost of provision in lease (use) of trade places and other services is determined;

20) portable counter - the figurative shoddy construction (design) representing the trade place located on specially certain place;

21) the shopping facility of modern format - the stationary shopping facility with the specialized or mixed range of goods functioning by self-service method in combination with method of traditional servicing, and also rendering additional services of trade, availability of the equipment (device) intended for implementation of payments with use of payment cards, high performance of work and sale from square meter of the floor space with the platform for the parking of vehicles within borders of the territory;

22) cash zone - the place where the buyer pays goods, can get advice on assortment, care of goods;

23) commission shop - type of shop where sale/purchase of goods by the seller (broker) at the request of the client (consignor) for the remuneration determined by the agreement is performed;

24) container - the universal transport equipment of repeated application intended for transportation of goods;

25) cooperative shop - the voluntary consolidation of citizens on the basis of membership for satisfaction of material and other needs of participants performed by consolidation by his members of property (share) fees;

26) service - the activities directed to requirements satisfaction of consumers which results have no material expression;

27) wholesale distribution center (further - ORTs) - the multipurpose infrastructure trade and logistic complex consisting of the storage facilities, pavilions and (or) other rooms with the special equipment intended for the corresponding storage and (or) accomplishment of purchasing, preparatory, distribution and (or) other transactions with food products which share constitutes at least sixty percent from general range of goods, and nonfoods which list is determined by requirements to wholesale distribution centers, for their subsequent wholesale trade in the internal and (or) external markets;

28) 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;

29) 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 complete with the vehicle;

30) cross-merchandising - the instrument of increase in retail sales by registration of shop and the calculation of goods of certain category together with the accompanying products connected with this category but not relating to it directly;

31) the border territories of the Republic of Kazakhstan - the territory of the administrative-territorial educations and settlements located at distance to 50 km from Frontier;

32) object of public catering - object of domestic trade with production of public catering and (or) provision of services on meal and drinks for consumption on site and (or) on carrying out, can enter into retail chain stores;

33) warehouse - the stationary building, construction or the complex intended for acceptance, placement and storage of goods;

34) the warehouse area - part of the stationary shopping facility where storage facilities, and also the objects and devices necessary for servicing of these storage facilities are located;

35) unit of inventory accounting (SKU - the international term) - the assortment identifier, independent unit of assortment row relating to certain group or brand the code consisting of figures and letters which is assigned for goods for tracking of stock remainders of the shopping facility;

36) the list of additional services - the document approved by the owner (owner) of the large shopping facility, containing the detailed description of nature of the provided service (work) in the territory of the shopping facility with indication of its cost;

37) subjects to additional appointment - the objects for rendering services to different categories of the population placed in the shopping facility, indirectly influencing increase in consumer activity and social attractiveness of shopping facilities: subjects to consumer services, the room and (or) platform for stay of children, subjects to cultural, educational, entertaining, social, leisure, improving and other appointment;

38) seasonal fair - the fair organized for the purpose of satisfaction of seasonal requirements of the population (demand for school supplies, demand for coal during heating season, demand for forages, hay and so on);

39) 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;

40) the owner (owner) - the individual entrepreneur or the legal entity owning, using property of the shopping facility, performing domestic trade and (or) provision in lease (use) of trade places, other services to subjects of domestic trade for implementation of domestic trade;

41) festive fair - the fair organized to the celebration of public holidays with the range of the implementable goods necessary for the celebration of public holidays;

42) merchandising - complex of the actions directed to promotion of goods and brands in the regional market including method of the calculation of goods on trade shelves for the purpose of maximization of sales;

43) self-service terminals (booths of the independent order) - automatic devices which give the chance to the client independently to choose and pay goods, without involving in process of employees of the shopping facility;

44) regional specialized showing - the exhibition corresponding to conditions, the established these rules;

45) after exhibition use of the territory of regional specialized showing - management of objects (operation of objects) of regional specialized showing;

46) objects of regional specialized showing - the building, architectural objects, constructions, engineering and transport infrastructure and other objects which remained after holding regional specialized showing, located in its territory;

47) the participant of regional specialized showing - the physical person or legal entity exposing objects (exhibits) at regional specialized showing and presenting the respective region in sections at regional specialized showing, and also the organization or physical person or legal entity determined by the internal regulations of holding regional specialized showing accepted in accordance with the terms of the agreement;

48) the territory of regional specialized showing - the parcels of land provided in the registration file developed by local executive body;

49) storage duration - period of time during which the goods (result of work) in case of observance of the established storage conditions keep quality, properties and characteristics specified in the regulating documents establishing quality requirements of goods (work, service), and (or) in the agreement;

50) the seller - the subject of domestic trade performing sale of goods;

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

52) 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;

53) trade floor - specially equipped part of the stationary shopping facility intended for servicing of buyers;

54) trade infrastructure - set of the objects, constructions and systems providing functioning of wholesale and retail trade in certain territory or in the region also includes shopping facilities, warehouses, transportation networks, systems of delivery, and also the information and technology solutions directed to improvement of work and efficiency of trade;

55) the multipurpose building (complex) in trading activity - the single architectural group or separate buildings intended for the placement of three and more objects of different function (two with availability rooms or platforms for stay of children, including one and more stationary shopping facilities of modern format with the total floor space at least thirty percent from total area of the multipurpose building (complex)) provided by great number of subjects of domestic trade with the mixed or specialized range, and also subjects to additional appointment, except for the trade market with the platform for the parking of vehicles within borders of the territory, can enter into retail chain stores;

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

57) upgrade of the trade market - complex of the actions directed to reduction of operational indicators of stationary or non-stationary shopping facilities, except for mobile shops in compliance with modern requirements and technologies of operation of object by installation and construction works, reorganization, reconstruction of the operating building or construction of the new building in the existing territory borders;

58) shopping center - the stationary shopping facility provided by great number of subjects of domestic trade with the mixed or specialized range, and also availability of the objects of public catering and additional appointment including services of consumer services, entertainments and other which total area does not exceed fifteen percent from the floor space of shopping center with the platform for the parking of vehicles within borders of the territory, can enter into retail chain stores;

59) trading house - the stationary shopping facility provided by subjects of domestic trade, realizing the specialized or mixed range of goods, with objects of public catering and household services, the platform for the parking of vehicles within borders of the territory, can enter into retail chain stores;

60) the trade allowance - the part of the price of goods including the expenses and profit connected with implementation of wholesale and retail sale of goods;

61) trade and exhibition zone - the zone of the stationary shopping facility which is specially equipped with the equipment intended and used for the calculation, goods demonstration, and also servicing of buyers, the conclusion of agreements and carrying out payment;

62) shopping center - the stationary shopping facility consisting of one or several stationary shopping facilities located in borders of the planned territory, provided by great number of subjects of domestic trade with the mixed assortment, and also availability of the objects of public catering and additional appointment including services of consumer services, entertainments and other which total area constitutes more than fifteen percent from the floor space of shopping center, with the platform for the parking of vehicles within borders of the territory, functioning and managed as single object which can enter into retail chain stores;

63) face rack - calculation type which occupies all final part of the store shelf;

64) supermarket - the stationary shopping facility provided by one or several subjects of domestic trade, implementing specialized or the mixed range of goods, with availability of subjects to additional appointment, with the platform for the parking of vehicles, can enter into retail chain stores;

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