Article 1. The basic concepts used in this Law Chapter 1. General provisions of the Grain Law

Home / RLA / Article 1. The basic concepts used in this Law Chapter 1. General provisions of the Grain Law

 The following basic concepts are used in this Law:

1) excluded from 04.12.2015 No. 435-V (effective from 02.01.2016);

2) food grain - grain used for food purposes;

2-1) excluded by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (effective ten calendar days after the date of its first official publication);

3) excluded by the Law of the Republic of Kazakhstan dated 11.12.2009 No. 229-IV (for the procedure of entry into force, see art. 2);

3-1) deleted from 04.12.2015 No. 435-V (effective from 02.01.2016);

4) grain - fruits of cereals, legumes and oilseeds used for food, seed, fodder and technical purposes;

5) grain owner - a natural or legal person who has deposited grain with a grain receiving enterprise;

6) a grain receiving enterprise is a legal entity that owns a grain storage facility (elevator, grain receiving point) where grain is stored.;

7) granary (elevator, grain receiving point) – a specialized technical facility for storing grain, with the exception of technical facilities for transshipment of grain placed under the customs procedure of export from one mode of transport to another;

7-1) activities for the provision of warehousing services with the issuance of grain receipts - activities carried out by grain storage enterprises;

7-2) excluded by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (effective ten calendar days after the date of its first official publication);

7-3) the state electronic register of holders of grain receipts (hereinafter referred to as the register) is a set of information about grain receipts and their holders, providing identification of holders of grain receipts at a certain point in time, registration of transactions with grain receipts, as well as the nature of registered restrictions on the circulation or exercise of rights under them, and other information reflected in the registrar information system;

7-4) excluded by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (effective ten calendar days after the date of its first official publication);

9) the system of guaranteeing the fulfillment of obligations under grain receipts is a set of organizational and legal measures aimed at protecting the rights and legitimate interests of holders of grain receipts from non-fulfillment by grain receiving enterprises of obligations under grain receipts issued by them.;

10) the fund for guaranteeing the fulfillment of obligations under grain receipts is a legal entity established in order to protect the interests of holders of grain receipts from non-fulfillment by grain receiving enterprises of obligations under grain receipts issued by them.;

10-1) a grain receipt is a warehouse certificate in the form of a debt–free, non-emissive security certifying the rights of its holder to receive grain from a grain receiving enterprise in the volume and quality determined upon its release.;

11) the holder of a grain receipt is a person registered in the register who has the rights under a grain receipt.;

11-1) grain market operator – a national company in the field of the agro-industrial complex involved in ensuring food security through the implementation of a stabilization function in the grain market and the authority to manage the reserve stock of grain and feed stock;

12) grain production - a complex of agrotechnological measures aimed at growing grain;

13) grain market participants - individuals and legal entities involved in the production, storage, transportation, processing and sale of grain;

13-1) grain market monitoring is a set of ongoing activities aimed at collecting, processing and analyzing data on grain transactions carried out by grain market participants, including its production, storage, processing and sale;

13-2) grain quality passport – a document certifying the actual grain quality indicators and their compliance with the requirements of standardization documents and (or) the terms of the contract;

13-3) excluded by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (effective ten calendar days after the date of its first official publication);

13-4) deleted from 04.12.2015 No. 435-V (effective from 02.01.2016);

13-5) grain storage is a technological complex of services carried out at a grain storage facility (elevator, grain receiving point), including acceptance, weighing, drying, cleaning, storage and shipment of grain;

14) the life cycle of grain - the processes of production, storage, transportation, sale, destruction and utilization of grain;

14-1) reserve grain reserve is a food grain reserve used for the purpose of ensuring the provision of food grain to a country in the event of natural, man–made and social emergencies, the imposition of a state of emergency, and, if necessary, for the purpose of regulating the domestic market.;

14-2) grain reserve reserve management is the activity of the grain market operator aimed at ensuring the storage of a reserve grain reserve at grain receiving enterprises at the expense of budgetary funds, as well as for the purchase, sale and exchange of a reserve grain reserve;

17) grain quality is a set of consumer properties of grain that determine its compliance with the requirements of standardization documents, sanitary, veterinary and phytosanitary rules and regulations, and hygienic standards;

18) grain quality examination - a set of measures aimed at establishing and confirming actual grain quality indicators, including inspection of a vehicle (warehouse), sampling and testing, and registration of a grain quality passport;

18-1) order is an electronic document generated by a grain receiving company or the holder of a grain receipt in the register, indicating the implementation of a certain action in relation to grain belonging to the holder of the grain receipt, signed with an electronic digital signature issued by the national certification center;

18-2) personal account – a set of records contained in the register, allowing to identify the registered person for the purpose of registration of transactions and accounting of rights under the grain receipt;

18-3) a personal account statement is an electronic document that is not a security, generated by the registrar in the registrar information system and confirming the rights of the registered person under the grain receipt at a certain point in time.;

20) feed grain - grain intended for feeding farm animals;

20-1) feed fund – a grain fund created in order to meet the needs of farm animals in feed grains during the off-season before the new harvest, as well as enterprises engaged in the production of compound feeds;

20-2) feed stock management is the activity of the grain market operator aimed at ensuring the storage of feed grain at grain receiving enterprises at the expense of budgetary funds, as well as for the purchase, sale and exchange of feed grain;

21) deleted from 04.12.2015 No. 435-V (effective from 02.01.2016);

21-1) client – a person who uses or intends to use the registrar's services;

22) excluded by the Law of the Republic of Kazakhstan dated 04/09/2016 No. 502-V (effective after three months from the date of its first official publication);

23) excluded by the Law of the Republic of Kazakhstan dated 04/09/2016 No. 502-V (effective after three months from the date of its first official publication);

24) excluded from 04.12.2015 No. 435-V (effective from 02.01.2016);

25) deleted from 04.12.2015 No. 435-V (effective from 02.01.2016);

26) deleted from 04.12.2015 No. 435-V (effective from 02.01.2016);

26-1) Kazakhstani grain producers - individual entrepreneurs and legal entities that are residents of the Republic of Kazakhstan and engaged in grain production;

27) excluded by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (effective ten calendar days after the date of its first official publication);

27-1) deleted from 04.12.2015 No. 435-V (effective from 02.01.2016);

28) seed grain (seeds) - grain used for sowing purposes and divided according to varietal and sowing qualities;

28-1) registrar – a legal entity with state participation in the authorized capital, having experience in the securities market, determined by the Government of the Republic of Kazakhstan;

28-2) registrar information system is an automated registry management system designed to store, process, search, distribute, transmit and provide information on grain receipts and their holders;

28-3) the web portal of the registry information system is an Internet resource hosted on the Internet that provides a single point of access to registry data;

29) authorized body – the central executive body responsible for coordinating and regulating the activities of grain market participants within its competence.

The Law of the Republic of Kazakhstan dated January 19, 2001 No. 143.

This Law regulates relations arising in the process of grain production, storage and sale in the Republic of Kazakhstan.

President

The Republic of Kazakhstan

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