Article 1. Basic concepts Chapter 1. GENERAL PROVISIONS OF the Law ON Narcotic Drugs, Psychotropic Substances, Their Analogues and Precursors and Measures to Counteract their Illicit Trafficking and Abuse
The following basic concepts are used in this Law:
1) retail trade - sale of narcotic drugs, psychotropic substances and precursors individually or in small quantities for personal consumption on a doctor's prescription;
2) drugs – plants, substances or preparations classified as narcotic drugs, psychotropic substances, their analogues that pose a potential danger to public health due to the consequences that their abuse may cause, included in the List of Narcotic Drugs, Psychotropic Substances and Precursors subject to control in the Republic of Kazakhstan;
3) narcotic drugs - substances of synthetic or natural origin included in the List of Narcotic Drugs, Psychotropic Substances and Precursors subject to Control in accordance with the legislation of the Republic of Kazakhstan, the Single Convention on Narcotic Drugs of 1961 as amended in accordance with the Protocol of 1972 on Amendments to the Single Convention on Narcotic Drugs of 1961;
4) List of substituents of hydrogen atoms, halogens and (or) hydroxyl groups in the structural formulas of narcotic drugs, psychotropic substances – a list of monovalent or divalent atoms or groups of atoms determined by the forensic examination authorities;
5) provision standard for narcotic drugs, psychotropic substances and precursors (hereinafter referred to as the provision standard) - the amount of certain narcotic drugs, psychotropic substances and precursors allowed to legal entities for sale on the territory of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan;
6) trafficking in narcotic drugs, psychotropic substances and precursors - activities permitted and controlled in accordance with the legislation of the Republic of Kazakhstan related to the cultivation, collection and harvesting of narcotic plants, development, production, processing, import, export, transit, transportation, shipment, acquisition, storage, distribution, sale, use, destruction narcotic drugs, psychotropic substances and precursors;
7) authorized state body in the field of trafficking in narcotic drugs, psychotropic substances, their analogues and precursors - a body that, within the limits of its competence, forms and coordinates the implementation of state policy in the field of trafficking in narcotic drugs, psychotropic substances, their analogues and precursors;
8) import and export of narcotic drugs, psychotropic substances and precursors - movement of narcotic drugs, psychotropic substances and precursors from one state to another state;
9) manufacture of narcotic drugs, psychotropic substances and precursors - all processes, with the exception of production, by which narcotic drugs, psychotropic substances and precursors can be obtained, as well as the transformation of narcotic drugs, psychotropic substances and precursors into other narcotic drugs, psychotropic substances and precursors;
10) illicit trafficking in narcotic drugs, psychotropic substances, their analogues and precursors - trafficking in narcotic drugs, psychotropic substances, their analogues and precursors carried out in violation of the legislation of the Republic of Kazakhstan;
11) production of narcotic drugs, psychotropic substances and precursors is a process aimed at the serial production of narcotic drugs, psychotropic substances and precursors from chemicals and (or) plants or from other narcotic drugs, psychotropic substances and precursors in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
12) processing of narcotic drugs, psychotropic substances and precursors - actions resulting in refining (purification from impurities), increasing the concentration of narcotic drugs, psychotropic substances and precursors in the preparation, as well as obtaining substances based on them that are not narcotic drugs, psychotropic substances and precursors;
13) use of narcotic drugs, psychotropic substances and precursors - the targeted use of narcotic drugs, psychotropic substances and precursors;
14) transportation and transfer of narcotic drugs, psychotropic substances and precursors - any actions to move narcotic drugs, psychotropic substances or precursors within the Republic of Kazakhstan, regardless of the method of transportation and storage location;
15) consumption standard for narcotic drugs, psychotropic substances and precursors (hereinafter referred to as consumption standard) - the amount of certain narcotic drugs, psychotropic substances and precursors required for consumption by specific legal entities, submitted to the authorized state body in the field of trafficking in narcotic drugs, psychotropic substances, their analogues and precursors in accordance with the legislation of the Republic of Kazakhstan;
16) transit of narcotic drugs, psychotropic substances and precursors - movement of narcotic drugs, psychotropic substances and precursors from one state to another state through the territory of a third state;
17) abuse of narcotic drugs, psychotropic substances, and their analogues (illegal consumption of narcotic drugs, psychotropic substances, and their analogues) – intentional illegal consumption of narcotic drugs, psychotropic substances, and their analogues without a doctor's prescription;
17-1) analogues of narcotic drugs, psychotropic substances - chemicals not included in the List of narcotic drugs, psychotropic substances and precursors subject to control in the Republic of Kazakhstan, the structural formulas of which are formed by replacing one or more hydrogen atoms, halogens and (or) hydroxyl groups in the structural formulas of narcotic drugs, psychotropic substances with their substitutes;
18) Summary table on the classification of narcotic drugs, psychotropic substances, their analogues and precursors found in illicit trafficking to small, large and especially large sizes - a list of types of narcotic drugs, psychotropic substances, their analogues and precursors with established sizes (small, large, especially large), which are determined by the judicial examination authorities and subsequently they are grounds for administrative or criminal liability.;
19) wholesale - sale of large quantities of narcotic drugs, psychotropic substances and precursors;
20) List of narcotic drugs, psychotropic substances and precursors subject to control in the Republic of Kazakhstan - a list of narcotic drugs, psychotropic substances and precursors subject to control in the Republic of Kazakhstan, numbered and combined in appropriate tables and a list based on international conventions;
21) cultivation of plants containing narcotic substances - sowing and cultivation of opium poppy and cannabis (cannabis), other narcotic plants included in the List of narcotic Drugs, psychotropic substances and precursors subject to control in the Republic of Kazakhstan in accordance with international conventions;
22) collection of plants containing narcotic drugs, psychotropic substances - collection of wild or cultivated narcotic plants included in the List of Narcotic Drugs, psychotropic Substances and precursors subject to control in the Republic of Kazakhstan, in accordance with international conventions;
23) specialized medical and preventive institutions - institutions (centers, hospitals, dispensaries, departments or offices) that provide drug treatment in accordance with the procedure established by law.;
24) compulsory treatment – inpatient treatment of a person with a mental or behavioral disorder (disease) related to the use of psychoactive substances, carried out on the basis of a court decision while avoiding voluntary treatment or continuing non-medical use of narcotic drugs, psychotropic substances, and their analogues;
25) medical examination - an outpatient examination of a person in order to establish the state of drug intoxication;
26) evasion from medical examination, medical examination or treatment – deliberate failure to comply with the orders of a law enforcement officer regarding medical examination or examination, as well as failure to comply with the prescriptions and recommendations of a doctor by a person abusing narcotic drugs, psychotropic substances, and their analogues;
27) excluded by the Law of the Republic of Kazakhstan dated 07.07.2020 No. 361-VI (effective after ten calendar days after the date of its first official publication); 28) excluded by the Law of the Republic of Kazakhstan dated 07.07.2020 No. 361-VI (effective after ten calendar days after the date of its first official publication); 29) excluded by the Law RK No. 361-VI dated 07.07.2020 (effective ten calendar days after the date of its first official publication);
30) voluntary treatment – treatment of mental and behavioral disorders (diseases) related to the use of psychoactive substances, carried out with the consent of the patient or his legal representative;
31) precursors – substances used in the production, manufacture, and processing of narcotic drugs, psychotropic substances, and their analogues, included in the List of Narcotic Drugs, Psychotropic Substances, and Precursors Subject to Control in the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan, international treaties of the Republic of Kazakhstan, including the United Nations Convention against Illicit Trafficking narcotic drugs and psychotropic substances of 1988;
32) a preparation is a mixture of substances in any physical state containing related substances and fillers (flour, starch, sugar, and others), as well as one or more narcotic drugs, psychotropic substances, or precursors included in the List of Narcotic Drugs, Psychotropic Substances, and Precursors Subject to Control in the Republic of Kazakhstan.;
33) psychotropic substances - substances of synthetic or natural origin included in the List of narcotic drugs, psychotropic Substances and Precursors subject to control in accordance with the legislation of the Republic of Kazakhstan, international treaties of the Republic of Kazakhstan, including the Convention on Psychotropic Substances of 1971;
33-1) substituents of hydrogen atoms, halogens and (or) hydroxyl groups – monovalent or divalent atoms or groups of atoms used in the manufacture of analogues of narcotic drugs, psychotropic substances and included in the List of substituents of hydrogen atoms, halogens and (or) hydroxyl groups in the structural formulas of narcotic drugs, psychotropic substances;
34) authorized bodies - state bodies that, within the limits of their competence, exercise state control over the turnover of narcotic drugs, psychotropic substances, their analogues and precursors in accordance with the legislation of the Republic of Kazakhstan.;
35) substance abuse is the abuse of substances of various nature that cause psychoactive effects similar to those of narcotic drugs, psychotropic substances, and their analogues, and are not included in the List of Narcotic Drugs, Psychotropic Substances, and Precursors subject to Control in the Republic of Kazakhstan.
The Law of the Republic of Kazakhstan dated July 10, 1998 No. 279.
This Law regulates the legal basis of state policy in the sphere of trafficking in narcotic drugs, psychotropic substances, their analogues and precursors and establishes measures to counteract their illicit trafficking in order to provide drug treatment and protect the health of citizens, public and state security.
President
Republic of Kazakhstan
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