Article 1. The basic concepts used in this Law Chapter 1. General provisions The Law on the Regulation of Trading Activities

Home / RLA / Article 1. The basic concepts used in this Law Chapter 1. General provisions The Law on the Regulation of Trading Activities

The following basic concepts are used in this Law:

1) automatic licensing (surveillance) is a temporary measure established in order to monitor the dynamics of exports and (or) imports of certain types of goods;

2) information and advertising marketplace – an online resource containing advertising (informational) information about sellers, as well as goods, works, and services for the purpose of organizing their purchase and sale;

3) exclusive right – the right for participants in foreign trade activities to export and (or) import certain types of goods, granted on the basis of an exclusive license;

4) discounted product – a product sold at a reduced price due to the presence of a defect or the elimination of a defect;

IZPI's note! Subparagraph 5) is provided to be deleted by the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective from 12/31/2025).

5) the threshold value of retail prices for socially significant food products is an acceptable level of retail prices established in order to prevent unjustified price increases, keep inflation within acceptable limits and ensure macroeconomic stability in the country, up to which the subject of domestic trade has the right to determine retail prices for socially significant food products.;

IZPI's note! Subparagraph 6) is provided to be deleted by the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective from 12/31/2025).

6) maximum allowable retail prices for socially significant food products – the level of retail prices set by local executive bodies in case of exceeding the thresholds of retail prices for socially significant food products;

7) control (identification) mark – a strict reporting form (document) with elements (means) of protection against counterfeiting (protected printing products), containing a means of identification and intended for labeling goods;

8) retail trade – entrepreneurial activity for the sale to the buyer of goods intended for personal, family, home or other use not related to entrepreneurial activity;

9) sale – sale of goods of proper quality at discounted prices;

10) import customs duty is a mandatory payment levied by the customs authorities when goods are imported into the customs territory of the Eurasian Economic Union;

11) export customs duty is a mandatory payment levied upon the export of goods;

12) the non–quota rate of customs duties is the amount (magnitude) of the import or export customs duty imposed on goods imported or exported in excess of the established tariff quota.;

13) the intra–quota rate of customs duties is the amount (magnitude) of the import or export customs duty imposed on goods imported or exported within the established tariff quota.;

14) wholesale trade – business activity for the sale of goods intended for subsequent sale or other purposes not related to personal, family, household and other similar use;

14-1) excluded by the Law of the Republic of Kazakhstan dated 12/30/2021 No. 96-VII (effective from 01/01/2022);

14-2) The Export Credit Agency of Kazakhstan (hereinafter referred to as the Export Credit Agency) is a legal entity determined by a decision of the Government of the Republic of Kazakhstan, which has the status of a national development institute for the development and promotion of non-primary exports and operates in accordance with this Law and the legislation of the Republic of Kazakhstan.;

14-3) security measure – a measure introduced by a third party in relation to imports from the Republic of Kazakhstan and affecting the interests of national security;

15) catering – business activities related to the production, processing, sale and organization of food consumption;

16) specialized electronic trading platform – an electronic trading platform where goods of the same class, works and services of the same type of economic activity are sold; - excluded by the Law of the Republic of Kazakhstan

17) a material carrier is a control (identification) mark or object made of any materials that contains or does not contain elements (means) of protection against counterfeiting and is intended for the application, storage and transfer of identification means.;

18) compensating measure – a measure to neutralize the negative impact of a specific subsidy from a subsidizing member state of the Eurasian Economic Union on the economic sector of a member state of the Eurasian Economic Union that has applied for the introduction of this measure;

18-1) authorization document – a document issued to a participant in foreign trade activities for the right to import and (or) export certain types of goods (license, act of state control, conclusion, notification, permit);

19) excluded by the Law of the Republic of Kazakhstan dated 12/30/2020 No. 397-VI (effective six months after the date of its first official publication); 20) excluded by the Law of the Republic of Kazakhstan dated 12/30/2020 No. 397-VI (effective six months after the date of its first official publication);

21) quantitative restrictions – measures for quantitative restriction of foreign trade in goods, which are introduced by setting quotas;

21-1) expert organization – a legal entity that employs an expert auditor to determine the country of origin of goods, the status of goods of the Eurasian Economic Union or a foreign product, which carries out work on the examination of the origin of goods, the status of goods of the Eurasian Economic Union or a foreign product; - Excluded by the Law of the Republic of Kazakhstan.

22) sales area – the area of a retail facility occupied by special equipment intended for displaying, displaying goods, serving customers and conducting monetary settlements with customers when selling goods, passing customers;

23) a commercial market is a separate property complex intended for trading activities, with centralization of the functions of economic maintenance of the territory, management and security, operating on a permanent basis and provided with a parking area for vehicles within the boundaries of its territory, as well as meeting sanitary and epidemiological requirements, fire safety requirements, architectural, construction and other requirements in accordance with the legislation of the Republic of Kazakhstan;

24) retail network – a set of two or more retail facilities that are under common management and used under a single commercial designation and other means of individualization, with the exception of trading markets;

25) trading activity – an activity that includes domestic and foreign trade;

26) the authorized body in the field of regulation of trade activities (hereinafter referred to as the authorized body) is the central executive body that forms trade policy and provides guidance, as well as intersectoral coordination in the field of trade activities.;

27) commercial facility – a building or part of a building, a structure or part of a structure, a trading market, an automated device or vehicle specially equipped with equipment designed and used for displaying, displaying goods, serving customers and conducting monetary settlements with customers when selling goods;

28) trading place – a place equipped with equipment designed and used for displaying, displaying goods, serving customers and conducting monetary settlements with customers when selling goods;

29) trade policy is a set of organizational, legal, economic, control and other measures carried out by government agencies to implement the goals and principles established by this Law.;

30) trade measures – special protective, anti-dumping, countervailing measures;

31) identification means – a unique sequence of characters in machine-readable form, represented as a bar code, or recorded on a radio frequency tag, or presented using another means (technology) of automatic identification;

32) a non–stationary commercial facility is a temporary structure or temporary structure that is loosely connected to the ground, regardless of whether or not there is a connection (technological connection) to engineering and technical support networks, including an automated device or vehicle.;

33) stationary commercial facility – a building or part of a building (built-in, built-in, attached room), a structure or part of a structure (built-in, built-in, attached room) that is firmly connected to the ground and connected (technologically connected) to engineering and technical support networks;

33-1) remuneration is a monetary payment made by a supplier of food products to a domestic trade entity engaged in the sale of goods through the organization of a retail network or large retail facilities related to the purchase and sale of food products, including services for the promotion of food products, including by advertising such goods and carrying out their special layout, as well as preparation, processing, packaging of these goods, admission to retail chains or large retail facilities;

34) foreign trade (hereinafter referred to as foreign trade activity) – the activities of participants in foreign trade related to the export from the Republic of Kazakhstan and (or) import into the Republic of Kazakhstan of goods;

35) participants in foreign trade activities – individuals engaged in foreign trade activities, including those registered as individual entrepreneurs in accordance with the legislation of the Republic of Kazakhstan, and legal entities established in accordance with the legislation of the Republic of Kazakhstan, as well as organizations that are not legal entities;

36) marked goods – goods on which identification means are applied in compliance with the established requirements and reliable information about which (including information about identification means applied to them and (or) material media containing identification means) is contained in the national component of the goods labeling information system;

37) tariff benefit – exemption from payment or reduction of import or export customs duties;

38) tariff quota is a measure regulating the import into or export from the territory of the Republic of Kazakhstan of certain types of goods, which provides for the application during a certain period of time of a lower rate of import or export customs duty on the import or export of a certain quantity of goods (in physical or monetary terms) in comparison with the current rate of import or export customs duty;

39) tariff preference is a reduction in the amount of customs duties on goods originating and exported from the Republic of Kazakhstan to countries with which the Republic of Kazakhstan has concluded free trade area agreements, goods originating and imported from these countries to the Republic of Kazakhstan in accordance with the provisions of such agreements, and goods originating from developing countries or least developed countries – users of the unified system of tariff preferences of the Eurasian Economic Union;

40) commodity – any product of labor, not withdrawn from circulation, intended for sale or exchange;

40-1) certificate of origin of goods – a document certifying the country of origin of goods;

40-2) expert auditors for determining the country of origin of goods, the status of goods of the Eurasian Economic Union or a foreign product are individuals certified in accordance with the procedure determined by the authorized body.; - Excluded by the Law of the Republic of Kazakhstan.

41) A single operator of labeling and traceability of goods is a state–owned enterprise, joint-stock company, limited liability company, more than fifty percent of the voting shares (participation shares in the authorized capital) of which are directly or indirectly owned by the state, which develops, administers, maintains and maintains an information system for labeling and traceability of goods, including the development, maintenance and updating of the National Product Catalog, and other functions provided for by the legislation of the Republic of Kazakhstan;

42) sectoral authorized state bodies in the field of labeling and traceability of goods – state bodies responsible for labeling and traceability of goods in their regulated industries;

43) the coordinating body in the field of labeling and traceability of goods is the central executive body responsible for the management and intersectoral coordination of labeling and traceability of goods;

44) class of goods – a set of goods having a similar functional purpose;

45) The National Catalog of Goods is an information resource developed by the Unified Operator of labeling and traceability of goods, containing a single product range and mandatory for use as a product directory in the implementation of labeling and traceability processes in the Republic of Kazakhstan, including the characteristics of goods, codes of commodity nomenclature of foreign economic activity and other values;

46) a third party is a foreign state that is not a member of the Eurasian Economic Union, the Union of foreign States;

47) fulfillment center is a logistics center that performs the entire range of operations from the moment the customer places an order for goods to the moment the order is delivered to the buyer, including performing such functions as warehousing of goods, receiving and processing orders, picking and packing orders, receiving payment from customers, delivering orders, accepting refunds of orders to in the field of electronic commerce;

48) international specialized exhibition – an exhibition that simultaneously meets the following conditions:

is an official or officially recognized international intergovernmental organization in accordance with international treaties;

Two or more countries are participating in the exhibition.;

The duration of the exhibition is not less than six weeks and not more than six months.;

It is not an art exhibition or an exhibition of a commercial nature.;

The dates of the beginning and completion of the exhibition are indicated in the registration dossier developed by a legal entity established by decision of the Government of the Republic of Kazakhstan and approved by an international intergovernmental organization established to monitor the implementation of the provisions of the international agreement on the holding of an international specialized exhibition.;

49) participant of an international specialized exhibition – an individual or legal entity exhibiting objects (exhibits) at an international specialized exhibition and representing the relevant country in national sections at an international specialized exhibition, as well as an international organization or an individual or legal entity defined by the internal rules of the international specialized exhibition, adopted in accordance with the terms of an international agreement;

50) territory of an international specialized exhibition – land plots provided for in the registration dossier developed by a legal entity established by decision of the Government of the Republic of Kazakhstan and approved by an international intergovernmental organization established to monitor the implementation of the provisions of an international agreement on the holding of an international specialized exhibition, and provided in accordance with the legislation of the Republic of Kazakhstan;

51) post–exhibition use of the territory of the international specialized exhibition - management of facilities (operation of facilities) of the international specialized exhibition;

52) objects of the international specialized exhibition – buildings, architectural objects, structures, engineering and transport infrastructure and other objects remaining after the international specialized exhibition, located on its territory;

53) large commercial facility – a commercial facility with a retail area of at least two thousand square meters;

54) internal trade – entrepreneurial activity of individuals and legal entities aimed at the purchase and sale of goods in the territory of the Republic of Kazakhstan;

55) subject of internal trade – an individual or a legal entity engaged in internal trade in accordance with the procedure established by the legislation of the Republic of Kazakhstan.;

56) e–commerce - entrepreneurial activity in electronic commerce, as well as the sale of services, carried out through information and communication technologies;

57) electronic commerce – entrepreneurial activity for the sale of goods carried out through information and communication technologies;

58) an electronic trading platform is an online resource that provides infrastructure to e–commerce participants, including the conclusion of contracts between them for the provision of works and services using information and communication technologies;

59) participants in electronic commerce – individuals and legal entities participating as buyers, sellers and (or) electronic trading platforms.

The Law of the Republic of Kazakhstan dated April 12, 2004 No. 544.

This Law regulates public relations in the sphere of trade activity, establishes the principles and organizational bases of its state regulation.

President

Republic of Kazakhstan

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