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

of November 25, 2015 No. 720

About approval of Rules of implementation of electronic trading, including functioning of electronic trading platforms

According to Item 1 of article 29 of the Law of the Republic of Kazakhstan of April 12, 2004 "On regulation of trading activity", PRIKAZYVAYU:

1. Approve the enclosed Rules of implementation of electronic trading, including functioning of electronic trading platforms.

2. To provide to department of regulation of trading activity of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation 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 the direction it the copy on official publication in periodic printing editions and information system of law of Ad_let;

3) placement of this order on official Internet resource of the Ministry of national economy of the Republic of Kazakhstan.

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 day of its first official publication.

Approved by the Order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 720

Rules of implementation of electronic trading, including functioning of electronic trading platforms

Chapter 1. General provisions

1. These rules of implementation of electronic trading, including functioning of electronic trading platforms (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 electronic trading, including functioning of electronic trading platforms.

2. Action of these rules does not extend to the public procurements of goods, works and services performed according to the legislation of the Republic of Kazakhstan on public procurements on purchase of goods, works and services by National Bank of the Republic of Kazakhstan, its departments, the organizations entering into its structure and legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank of the Republic of Kazakhstan or are in its trust management, and the legal entities affiliated with them.

3. The concepts and terms used in these rules are applied according to the legislation of the Republic of Kazakhstan.

4. Protection of the rights and legitimate interests of participants of electronic trading is performed according to legal acts of the Republic of Kazakhstan.

Chapter 2. Participants of electronic trading

5. Participate in electronic trading:

the physical persons and legal entities participating in quality of the buyer, seller and (or) intermediary in electronic trading (participants of electronic trading);

the legal entities and individual entrepreneurs rendering services in obtaining, placement, transfer, storage of electronic documents (electronic messages) with offers for sale and purchase with use of information systems and networks of telecommunications and to provision of electronic trading platforms for implementation of electronic trading (further - the intermediary);

the legal entities, individual entrepreneurs and physical persons who are potential buyers of the corresponding goods (further - the buyer);

persons offering certain goods to realization (further - the seller):

legal entities, individual entrepreneurs (further - the commercial seller);

the physical persons offering to realization goods in one-time procedure without the purpose of business activity (further - the non-commercial seller).

6. The commercial seller and (or) the intermediary provides to authorized body in the field of regulation of trading activity, to the state body providing tax control behind execution of the tax liabilities before the state and law enforcement agencies the corresponding access to reliable information about themselves electronically in the Kazakh and (or) Russian languages, and if necessary, in other languages. This information includes the following data:

surname, name and middle name (in case of its availability) the physical person registered as the individual entrepreneur, full name of the legal entity with indication of its form of business;

location and data on state registration of the legal entity or data on registration of the individual entrepreneur;

license availability (in case of the relevant requirement of the legislation), license number, license effective period, the name of the state body which granted the license, business and identification number for legal entities, individual identification number for individual entrepreneurs, mail and electronic addresses, and also phone number.

7. The intermediary in electronic trading provides integrity and confidentiality of electronic information resources.

8. The intermediary in electronic trading according to Items 3 and 4 of article 29-1 of the Law of the Republic of Kazakhstan of April 12, 2004 "On regulation of trading activity":

1) does not disclose information containing in electronic documents or electronic messages, including the data which are commercial and other secret protected by the law;

2) does not transfer to the third parties electronic documents (electronic messages) or their copies, including information containing in them if other is not provided by the agreement signed by it with other participants of electronic trading or the laws of the Republic of Kazakhstan;

3) is not changed by contents of electronic documents (electronic messages) or procedure for their use if other is not provided by the agreement signed by it with other participants of electronic trading or the laws of the Republic of Kazakhstan;

4) is provided by integrity and confidentiality of information containing in information resources including the data which are the commercial and protected by the law other secret;

5) provides conditions for execution by the buyer of the obligations on the bargains concluded on electronic trading platform if such conditions were determined by the seller;

6) upon the demand of the seller places on the Internet resource information following the results of the held auction on electronic trading platform.

8-1. Electronic trading platforms allow:

1) to get acquainted with the participants of electronic trading working at electronic trading platform;

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