Article 3. Scope of this Law The Law on Permits and Notifications

Home / RLA / Article 3. Scope of this Law The Law on Permits and Notifications

1. This Law applies to all permits and notices in the Republic of Kazakhstan that simultaneously meet the following criteria:

1) a permit must be obtained and a notification sent by an individual or legal entity to initiate an activity or action (operation);

2) obtaining a permit (except for an accompanying permit) and sending a notification in accordance with the requirements of regulatory legal acts of the Republic of Kazakhstan are mandatory for the circle of persons established by the legislation of the Republic of Kazakhstan, and carrying out activities or actions (operations) without obtaining them, it entails criminal or administrative liability.;

3) the issuance of a permit and the receipt of a notification are carried out by authorized state bodies or officials of authorized state bodies;

4) the obligation to obtain a permit and send a notification is imposed on: individuals and legal entities that are private business entities; individuals who acquire the right to engage in regulated professional activities; individuals and legal entities that are not private business entities, but are required to obtain the same permits as private business entities;

5) the bodies issuing permits are authorized to verify compliance with the requirements established by regulatory legal acts and, in case of non-compliance with the requirements established by the legislation of the Republic of Kazakhstan, refuse to issue permits.;

6) permits obtained by private business entities are not grounds for further granting them benefits (preferential conditions).

2. This Law does not apply to:

1) permits not provided for in Appendices 1 and 2 to this Law, established by the Law of the Republic of Kazakhstan "On Technical Regulation";

2) state registration of legal entities and registration of branches and representative offices, state registration of termination of activities of legal entities, de-registration of branches and representative offices;

3) registration of currency agreements, notification of currency transactions, notification of accounts with foreign banks and registration of such accounts carried out in accordance with the Law of the Republic of Kazakhstan "On Currency Regulation and Currency Control";

4) state registration of issues of equity securities, notifications, information and reports provided in accordance with the Law of the Republic of Kazakhstan "On the Securities Market";

5) notifications (information) sent by issuers of securities and financial organizations in the course of carrying out activities in the financial sector and activities related to the concentration of financial resources, in accordance with the regulatory legal acts of the authorized body for regulation, control and supervision of the financial market and financial organizations;

5-1) is excluded by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 399-VI (effective from 12/16/2020);

6) permits not provided for in Appendix 2 to this Law, established by the Law of the Republic of Kazakhstan "On the State Border of the Republic of Kazakhstan";

7) actions of the authorized body exercising leadership in the fields of natural monopolies and regulated markets, in terms of regulating the tariff formation of subjects of natural monopolies and pricing of subjects of the regulated market;

7-1) acquisition of unused property in the form of weapons and military equipment by foreign legal entities that have a permit issued by the licensor of the country in which they are resident or another country where they are registered as participants in foreign economic activity, subject to obtaining an export license in the Republic of Kazakhstan;

8) permits established by the Law of the Republic of Kazakhstan "On State Secrets";

9) permits related to the fulfillment of flight safety and aviation safety requirements and issued by an authorized organization in the field of civil aviation to individuals and legal entities;

10) the activities of financial organizations, as well as other legal entities, carried out under a special regulatory regime in accordance with the procedure and under the conditions established by the Laws of the Republic of Kazakhstan "On State Regulation, Control and Supervision of the Financial Market and Financial Organizations" and "On the National Bank of the Republic of Kazakhstan".

11) permits and notifications established as part of measures to protect the balance of payments, introduced in accordance with the Law of the Republic of Kazakhstan "On Currency Regulation and Currency Control".

The Law of the Republic of Kazakhstan dated May 16, 2014 No. 202-V SAM.

This Law regulates public relations related to the introduction and implementation of a permissive or notification procedure for the implementation by private business entities and other persons of certain types of activities or actions provided for by this Law.

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