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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

(as amended on 30-09-2022)

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.

Acting minister

M. Kusainov

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 of April 12, 2004 "On regulation of trading activity" (further - the Law) and determine procedure of internal trading activity in the territory of the Republic of Kazakhstan.

Wholesale and retail trade, public catering, auction, commission, border, exit, exhibition and fair, electronic, stock exchange trading and trade by orders belong to types of domestic trade.

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

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

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

6) the outlet the center - the shopping facility where perform sale of group of nonfoods (clothes, footwear, accessories and others) from the previous seasons of production released under the single trademark or brand with considerable discounts (from twenty to ninety percent);

7) the universal trade market - the trade market in which trade places are intended for implementation of sales of goods of different class;

8) it is excluded

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) it is excluded

13) hypermarket - the wholesale and retail shopping facility provided by several subjects of domestic trade, implementing specialized or the mixed range of goods from fifteen thousand and more names (units), enter or do not enter into retail chain stores, provide platform availability for the parking of vehicles;

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 shopping facility the house-keeper of class provided by one or several subjects of domestic trade enters or does not enter into retail chain stores, has narrow assortment food (twenty percent from all amount, without perishable products, generally "dry" or products of deep freezing) and nonfood (eighty percent from all amount, foodstuff, household chemicals and joint products) day-to-day goods at the prices is lower than average market;

16) 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;

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

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

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

21) shopping facilities of modern format - stationary shopping facilities with the floor space at least 500 square meters, with the specialized or mixed range of goods from one thousand and more names (units) 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, providing platform availability for the parking of vehicles within territory borders;

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

23) it is excluded

24) 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;

25) 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 and (or) retail trade in the internal and (or) external markets.

Wholesale distribution centers render range of services or depending on technology specialization and type of the rendered services can share on:

the wholesale distribution center of storage is the real estate object intended for storage and accomplishment of purchasing, preparatory, distribution and (or) other transactions with food products, which mainly is located near production sites of fruit and vegetable products and products of crop production and rendering to domestic agricultural producers, participants of foreign trade activity and subjects of domestic trade of service in acceptance, storage and preprocessing (cleaning, calibration, sorting, packaging and other services) of agricultural products for the subsequent sale in the internal and external markets;

the wholesale distribution center of distribution is the real estate object intended for storage and distribution food and nonfoods on subjects to sale and rendering logistics services on temporary storage and overload (transfer) of goods for needs of shopping facilities;

the wholesale distribution center of trade is the real estate object providing to participants of foreign trade activity and (or) subjects of domestic trade easy access to floor spaces, storage locations and other rooms within infrastructure trade and logistic complex for implementation of trading activity;

26) 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;

27) specialized shop - the shopping facility provided by great number of subjects of domestic trade with specialized assortment (construction materials, or household electrical equipment, furniture and others), the assortment amount to twenty five thousand names (units), enters or does not enter into retail chain stores, providing platform availability for the parking of vehicles within borders of the territory;

28) the specialized trade market - the trade market in which seventy and more percent of goods from their total quantity are intended for implementation of sales of goods of one class;

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

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) 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;

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

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

34) 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;

35) 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;

36) 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;

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

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

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