LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 10, 2020 No. 343-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning lotteries and lottery activities

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-І, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79; No. 19-І, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-І, Art. 124, 125; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-І, Art. 140, 141, 143; No. 22-II, Art. 144, 145, 148; No. 22-III, Art. 149; No. 22-V, Art. 152, 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-I, Art. 166, 169; №23-II, Art. 172; 2016, No. 1, Art. 4; No. 2, Art. 9; No. 6, Art. 45; No. 7-I, Art. 49, 50; No. 7-II, Art. 53, 57; No. 8-I, Art. 62, 65; No. 8-II, Art. 66, 67, 68, 70, 72; No. 12, Art. 87; No. 22, St. 116; No. 23, Art. 118; No. 24, Art. 124, 126, 131; 2017, No. 1-2, of Art. 3; No. 9, Art. 17, 18, 21, 22; No. 12, Art. 34; No. 14, Art. 49, 50, 54; No. 15, Art. 55; No. 16, Art. 56; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 114, 115; 2018, No. 1, Art. 4; No. 7-8, of Art. 22; No. 9, Art. 27; No. 10, Art. 32; No. 11, Art. 36, 37; No. 12, Art. 39; No. 13, Art. 41; No. 14, Art. 44; No. 15, Art. 46, 49, 50; No. 16, Art. 53; No. 19, Art. 62; No. 22, Art. 82; No. 23, Art. 91; No. 24, Art. 93, 94; 2019, No. 1, Art. 2, 4; No. 2, Art. 6; No. 5-6, of Art. 27; No. 7, Art. 36, 37; No. 8, Art. 45; No. 15-16, of Art. 67; No. 19-20, of Art. 86; Art. No. 21-22, 90, 91; No. 23, Art. 99, 103, 106, 108; No. 24-I, Art. 118; No. 24-II, Art. 120, 122, 123, 127; The Law of the Republic of Kazakhstan of May 4, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning work", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 5, 2020; The law of the Republic of Kazakhstan of May 13, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of legalization (washing) of income gained in the criminal way, and to terrorism financing", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 14, 2020; The Law of the Republic of Kazakhstan of May 13, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of migratory processes", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 14, 2020; The Law of the Republic of Kazakhstan of May 25, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning mobilization preparation and mobilization", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 26, 2020; The law of the Republic of Kazakhstan of May 25, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning procedure for the organization and holding peaceful assemblies in the Republic of Kazakhstan", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 26, 2020; The Law of the Republic of Kazakhstan of May 29, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning prohibited areas and forbidden areas in case of arsenals, bases and warehouses of Armed Forces, other troops and military forming", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 1, 2020):

in Article 445-1:

third to state part in the following edition:

"3. Violation by the operator of lottery of requirements for collection, forming, storage and accounting of information on widespread lottery tickets, receipts or other documents, revenue from the realized lottery tickets, receipts or other documents, the paid prizes, and is equal its failure to provide, untimely provision or provision of unreliable information in authorized body in the field of lottery and lottery activities -

attract penalty on subjects of medium business in the amount of five hundred, on subjects of big business - in the amount of one thousand monthly settlement indicators, with suspension of operations.";

add with parts six and the seventh the following content:

"6. Carrying out lottery by person who is not the operator of lottery -

attracts penalty on physical persons in the amount of hundred, on small business entities or non-profit organizations - in the amount of three hundred, on subjects of medium business - in the amount of five hundred, on subjects of big business - in the amount of one thousand monthly settlement indicators.

7. The action provided by part six of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty on physical persons in the amount of two hundred, on small business entities or non-profit organizations - in the amount of seven hundred fifty, on subjects of medium business - in the amount of one thousand, on subjects of big business - in the amount of two thousand monthly settlement indicators, with confiscation of income gained owing to making of administrative offense.".

2. In the Law of the Republic of Kazakhstan of December 19, 2003 "About advertizing" (Sheets of Parliament of the Republic of Kazakhstan, 2003, No. 24, Art. 174; 2006, No. 15, Art. 92; No. 16, Art. 102; 2007, No. 12, Art. 88; 2009, No. 17, Art. 79, 82; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 11, Art. 102; 2012, No. 3, Art. 25; No. 14, Art. 92; 2013, No. 8, Art. 50; No. 21-22, of Art. 115; 2014, No. 2, Art. 11; No. 11, Art. 65; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 8, Art. 44; No. 20-IV, Art. 113; 2016, No. 6, St. 45; No. 7-II, St. 53; No. 8-II, St. 70; 2017, No. 15, Art. 55; No. 24, Art. 115; 2018, No. 10, Art. 32; No. 24, Art. 94; 2019, No. 1, Art. 4; No. 5-6, of Art. 27; No. 7, Art. 37):

add Article 13 with Item 1-3 of the following content:

"1-3. Advertizing of lottery, except for the advertizing placed by the operator of lottery and (or) distributors (agents) of lottery within the agreement of the order signed with the operator of lottery is forbidden.".

3. In the Law of the Republic of Kazakhstan of April 9, 2016 "About lotteries and lottery activities" (Sheets of Parliament of the Republic of Kazakhstan, 2016, No. 8-І, St. 61; 2019, No. 23, Art. 99):

1) in Article 1:

in the subitem 2) of the word "implementation of lottery tickets, receipts or other documents and (or) registration of lottery rates" shall be replaced with words "distribution (realization) of lottery tickets, receipts or other documents";

in the subitem 3) of the word "implementation of lottery tickets, receipts or other documents and (or) registration of lottery rates" shall be replaced with words "distribution (realization) of lottery tickets, receipts or other documents";

in the subitem 5) of the word "registration of the accepted lottery rates, obtaining, storage and accounting of information on widespread lottery tickets, receipts or other documents, the registered lottery rates," shall be replaced with words "obtaining, storage and accounting of information on the widespread (realized) lottery tickets, receipts or other documents,";

in the subitem 7) words "lottery tickets, receipts or other documents, the registered lottery rates," shall be replaced with words "(realized) lottery tickets, receipts or other documents,";

12) to exclude the subitem;

in the subitem 14) "distribution" shall be replaced with words the word "distribution (realization)";

add with subitem 14-1) of the following content:

"14-1) distributor (agent) of lottery - the individual entrepreneur or the legal entity performing for remuneration distribution (realization) of lottery tickets, receipts or other documents, verification of advantageous lottery tickets, receipts or other documents, and also payment of prizes from name and at the expense of the operator of lottery;";

in the subitem 15) "acceptance of lottery rates (the choice or input of lottery combinations) and (or)" to exclude words;

16) to state the subitem in the following edition:

"16) instant lottery - type of lottery in which the set of symbols (texts, numbers, signs, drawings) allowing to determine prizes is pledged in lottery tickets, receipts or other documents for stages of production and before their distribution (realization) among participants of lottery. When carrying out instant lottery the participant of such lottery directly after payment of the lottery ticket, the receipt or other document and issue (registration) of the lottery ticket, the receipt or other document determines availability and the size of the prize or its absence;";

in the subitem 17) of the word of "the realized lottery tickets, receipts or other documents, the registered lottery rates" shall be replaced with words "the widespread (realized) lottery tickets, receipts or other documents,";

in the subitem 18) of the word "implementation of lottery tickets, receipts or other documents and (or) registration of lottery rates" shall be replaced with words "distribution (realization) of lottery tickets, receipts or other documents";

2) in Article 4:

in Item 1 of the word", lottery rate" to exclude;

in Item 5 of the word "acceptance and registration of lottery rates" to exclude;

3) in Article 5:

state heading in the following edition:

"Article 5. Types and features of carrying out lotteries";

add Item 1 with part two of the following content:

"The types of lottery specified in part one of this Item can be subdivided depending on the territory and technology of their carrying out, and also from method of forming of prize fund.";

add with Item 1-1 of the following content:

"1-1. Features of carrying out lotteries are determined by rules of carrying out lotteries.";

in Item 2 of the word "this Law" shall be replaced with words "the legislation of the Republic of Kazakhstan on lotteries and lottery activities";

add with Item 5 of the following content:

"5. Distribution (realization) of lottery tickets, receipts or other documents by person who is not the operator of lottery or the distributor (agent) of lottery is forbidden.";

4) in Article 7:

3) after the words "develops and" to add the subitem with the words "together with authorized body on entrepreneurship";

add with subitem 3-1) of the following content:

"3-1) develops and approves rules of carrying out lotteries;";

5) in part two of Item 3 of Article 8 of the word "lottery tickets, receipts or other documents, the registered lottery rates," shall be replaced with words "(realized) lottery tickets, receipts or other documents,";

To add 6) with Article 8-1 of the following content:

"Article 8-1. Distributor (agent) of lottery

The distributor (agent) of lottery performs the activities based on the agreement of the order signed with the operator of lottery.

The agreement of the order is signed according to the civil legislation of the Republic of Kazakhstan with the features on distribution (realization) of lottery provided by this Law and rules of carrying out lotteries.";

To exclude 7) in Item 5 of Article 9 of the word "shall not provide acceptance and registration of lottery rate, and also";

8) in Item 2 of Article 10:

2) to state the subitem in the following edition:

"2) specifying on method, the territory and technology of carrying out lottery, and also method of forming of prize fund;";

in the subitem 10) words", acceptance and registration of lottery rates" to exclude;

in the subitem 11)" (the sizes of lottery rates)" to exclude words;

9) in Item 1 of Article 11 of the word", the registered lottery rates of specific lottery" shall be replaced with words "specific lottery or at the expense of own means";

10) in Article 12:

the paragraph one of Item 1 after the word "documents" to add with words ", except for electronic form,";

add with Item 1-1 of the following content:

"1-1. The electronic form of lottery tickets, receipts or other documents shall contain the following obligatory information:

1) name of the operator of lottery;

2) number of the lottery ticket, receipt or other document;

3) price of the lottery ticket, receipt or other document;

4) the reference to access to expanded information on the location, phone numbers and Internet resource of the operator of lottery, the name of lottery, number or the name of circulation (for drawing lotteries), date and the venue of draw of prize fund (for drawing lottery), the place and dates of receipt of prize, the size of prize fund.";

11) in Article 13:

to add part one of Item 3 with words "which performs the activities according to this Law and rules of carrying out lotteries";

state item 4 in the following edition:

"4. Obligations of the drawing commission:

1) confirmation of conformity of conditions of carrying out lottery to the requirements established by the legislation of the Republic of Kazakhstan on lotteries and lottery activities;

2) confirmation of number of the lottery tickets participating in draw of circulation, receipts or other documents;

3) confirmation of results of carrying out circulation by signing by members of the drawing commission of the protocol of the drawing commission and the official table of results of carrying out circulation.

The protocol of the drawing commission and the official table of results of carrying out circulation are signed no later than one working day from date of draw of circulation in time.";

in Item 6 of the word", to the registered lottery rates" to exclude;

12) in Article 14 of the word", the registered lottery rates" to exclude.

Article 2. This Law becomes effective after ten calendar days after day of its first official publication.

 

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