Article 10. Protection of the rights of entrepreneurs and consumers The Civil Code of the Republic of Kazakhstan

Home / RLA / Article 10. Protection of the rights of entrepreneurs and consumers The Civil Code of the Republic of Kazakhstan

1. Entrepreneurship is an independent, proactive activity of citizens, individuals and legal entities aimed at generating net income through the use of property, production, sale of goods, performance of works, provision of services, based on the right of private ownership (private entrepreneurship) or on the right of economic management or operational management of a state enterprise (state entrepreneurship). Entrepreneurial activity is carried out on behalf of, at the risk of, and under the property responsibility of the entrepreneur.

2. The State guarantees the freedom of entrepreneurial activity and ensures its protection and support.

3. The rights of entrepreneurs engaged in activities not prohibited by law are protected:

1) the possibility of carrying out business activities without obtaining any permits or sending notifications, except for permits and notifications provided for by the Law of the Republic of Kazakhstan "On Permits and Notifications";

2) the simplest possible turnout procedure for registration of all types of businesses in all sectors of the economy in one registration authority;

3) restriction by legislative acts of inspections of business activities carried out by state bodies;

4) compulsory termination of entrepreneurial activity only by a court decision rendered on the grounds provided for by a legislative act;

5) the establishment by legislative acts of a list of works, types of goods and services that are prohibited for private enterprise, prohibited or restricted for export or import;

6) bringing state bodies, officials, as well as other persons and organizations to the property liability established by the legislation to entrepreneurs for unlawful obstruction of their activities;

6-1) prohibiting executive control and supervisory bodies from entering into contractual relations with business entities in order to perform duties that are the functions of these bodies;

7) by other means prescribed by law.

4. The establishment of a permissive or notification procedure is carried out The Law of the Republic of Kazakhstan "On Permits and Notifications", depending on the level of danger of an activity or action (operation) in order to protect human life and health, the environment, property, national security and law enforcement.

The licensing procedure is established in cases where the product requirements stipulated by the laws of the Republic of Kazakhstan and the requirements for mandatory conformity assessment are insufficient to achieve the goals of state regulation.

5. Commercial (business) secrets are protected by law. The procedure for determining the information constituting a commercial secret, the means of protecting it, as well as the list of information that should not be part of a commercial secret, are established by law.

6. Consumer rights protection is provided by the means provided for by this Code or other legislative acts.

Each consumer has, in particular, the right to:

- free conclusion of contracts for the purchase of goods, the use of works and services;

- proper quality and safety of goods (works, services);

- complete and reliable information about goods (works, services);

- association of consumers into public organizations.

The footnote. Article 10 as amended by Decree of the President of the Republic of Kazakhstan, which has the force of Law, dated 01/27/1996 No. 2835; Laws of the Republic of Kazakhstan dated 07/11/1997 No. 154; dated 07/10/1998 No. 283; dated 01/12/2007 No. 222 (effective after 6 months from the date of its official publication); dated 03/25/2011 No. 421-IV (effective after ten calendar days after its first official publication); dated 05/16/2014 No. 203-V (effective six months after the date of its first official publication); dated 10/29/2015 No. 376-V (effective from 01.01.2016); dated 05/13/2020 No. 327-VI (effective after the date of entry into force of the relevant amendments and additions to the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code)).

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