LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 19, 2023 No. 223-VII ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning administrative reform in the Republic of Kazakhstan

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

1. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999:

The subitem 5) to state 1) to part three of Item 1 of Article 740 in the following edition:

"5) on assets of fund of social medical insurance and funds of target fee, allocated for the guaranteed amount of free medical care, being on bank accounts;";

The subitem 5) to state 2) to part two of Article 741 in the following edition:

"5) on assets of fund of social medical insurance and funds of target fee, allocated for the guaranteed amount of free medical care, being on bank accounts;".

2. In the Land code of the Republic of Kazakhstan of June 20, 2003:

in Article 14:

state heading in the following edition:

"Article 14. Competence of authorized body";

add Item 1 with subitems 12-3), 15-2), 15-3) and 15-4) of the following content:

"12-3) implementation of the state control of correctness of maintaining the state land cadastre and monitoring of lands;";

"15-2) preparation and presentation of claims in court for the questions specified in the subitem 4) of Item 1 of article 148 of this Code;

15-3) identification and seizure of land which are not used for designated purpose and are not mastered or used with violation of the law of the Republic of Kazakhstan;

15-4) suspension of construction, developments of mineral deposits, operation of objects, exploration and other works if they are performed with violation of the land legislation of the Republic of Kazakhstan, the set mode of use of lands and also if these works are conducted on the projects which did not pass the examination or received the negative decision;";

exclude item 4.

3. In the Forest code of the Republic of Kazakhstan of July 8, 2003:

Subitems 11) and 18) of Article 12 to exclude 1);

2) in Article 13:

State heading in the following edition:

"Article 13. Competence of authorized body";

in Item 1:

state subitem 1-1) in the following edition:

"1-1) creates and realizes the state forest policy;";

add with subitems 4-1) and 5-1) of the following content:

"4-1) exercises the state control of quality of accomplishment of forestry and landscape actions and their compliance to forest management projects on sites of the state forest fund;";

"5-1) exercises by checks the state control and supervision for:

quantitative and high-quality changes in forest fund, its sanitary condition;

procedure for transfer of forest resources to forest utilization on sites of the state forest fund and observance of agreements of long-term and short-term forest utilization;

fulfillment of requirements of fire safety in the woods, actions for the prevention of wildfires, for ensuring their timely detection and liquidation, and also the accuracy of accounting of the areas gary and determination of the damage to the state forest fund caused by the fires, timeliness of the taken measures for mitigation of consequences of wildfires;

accomplishment of actions for protection of the woods against wreckers and diseases, timeliness of the taken measures for the prevention of origin, distribution, accuracy of accounting and forecasting of the centers of wreckers and diseases of the wood, easing and death of plantings from adverse effects of natural and anthropogenous nature;

withdrawal of cutting areas;

observance of rules of leave of wood on root and cabins of the wood, other rules of forest utilization on sites of the state forest fund;

observance of the modes of protection in the woods of especially protected natural territories;

observance of forest seed division into districts, rules of procurement, conversion, storage and use of forest seeds and control of their quality, maintaining nursery economy on sites of the state forest fund;

use of lands of forest fund according to their purpose and protection of these lands;

observance of procedure for use of the state forest fund in case of construction works, mining, laying of communications and accomplishment of other works which are not connected with forest management and forest utilization;";

exclude Items 2 and 3.

4. In the Water code of the Republic of Kazakhstan of July 9, 2003:

Subitems 11) and 21) of Article 36 to exclude 1);

2) in Article 37:

1) of Item 1 to state the subitem in the following edition:

"Creates 1) and realizes state policy in the field of use and protection of water fund, water supply, water disposal within the competence;";

add with Item 1-1 of the following content:

"1-1. Territorial authorities of authorized state body in the field of environmental protection participate in realization of the basin principle of water resources management according to the approved general basin schemes of complex use and protection of water objects.";

The subitem 1) of Article 37-1 to state 3) in the following edition:

"Creates 1) and realizes state policy in the field of water supply and water disposal within settlements;";

Article 41 to exclude 4);

Item 6 of Article 103 to state 5) in the following edition:

"6. The authorized body, local executive bodies of area (the city of republican value, the capital) in cases of approach of emergency situations of natural and technogenic nature has the right according to the procedure, established by the laws of the Republic of Kazakhstan, to limit, stop or prohibit to the industrial and heat power enterprises use of water objects and water management constructions.";

Item 2 of Article 118 to state 6) in the following edition:

"2. The emergency ecological situation on water objects or basins of the rivers and fields of underground waters appears authorized body.".

5. In the Budget code of the Republic of Kazakhstan of December 4, 2008:

Subitem 3-1) of Item 2 of Article 22 to state 1) in the following edition:

"3-1) receipts from transfer to competitive environment of assets of national managing holdings, the national holdings, the national companies and their affiliated, dependent and other legal entities who are affiliated with them, according to the procedure, determined by the central authorized body by state planning, and according to the list approved by the Government of the Republic of Kazakhstan;";

Item 1 of Article 33 to add 2) with the paragraph the tenth the following content:

"target fee.";

Subitem 1-2) of Item 1, Items 2-2 and 7 of Article 35 to exclude 3);

To add 4) with Article 39-3 of the following content:

"Article 39-3. The budget program directed to provision of target fee

1. Target fee are non-paid and irretrievable payments from the republican budget in fund of social medical insurance:

1) for payment of rendering services within the guaranteed amount of free medical care;

2) in the form of fees of the state on compulsory social medical insurance for the citizens of the Republic of Kazakhstan exempted from payment of the fees in fund of social medical insurance determined by the Law of the Republic of Kazakhstan "About compulsory social medical insurance";

3) for fee of subjects of health care on delivery of health care in system of compulsory social medical insurance by the serviceman, to the staff of special state and law enforcement agencies.

2. The target fee is performed through the administrator of the budget program.

3. Indicators of results of target fee in fund of social medical insurance are determined in the development plan for authorized body in the field of health care.

The fund of social medical insurance provides achievement of indicators of the results of target fee determined in the development plan for authorized body in the field of health care.

4. Planning of expenses on target fee is performed according to the procedure established by authorized body in the field of health care in coordination with the central authorized body on budgetary planning.

5. Financing of the budget program directed to investment of target fee is performed according to the procedure established by authorized body in the field of health care in coordination with the central authorized body on budget implementation.";

The paragraph the ninth the subitem 5) of Item 1 of Article 53 to state 5) in the following edition:

"target fee to fund of social medical insurance;";

Part the fourth Item 3 of Article 62 to state 6) in the following edition:

"The Supreme Court of the Republic of Kazakhstan, the Constitutional Court of the Republic of Kazakhstan, Administration of the President of the Republic of Kazakhstan, the Office of the Security Council of the Republic of Kazakhstan, Administration of the President of the Republic of Kazakhstan, Service of the state protection of the Republic of Kazakhstan, Government office of the Republic of Kazakhstan, Management of material logistics, the National center for human rights of the Republic of Kazakhstan, the Highest auditor chamber of the Republic of Kazakhstan, Central Election Commission of the Republic of Kazakhstan, the Supreme Judicial Council of the Republic of Kazakhstan, Committee of homeland security of the Republic of Kazakhstan, the Prosecutor General's Office of the Republic of Kazakhstan, Agency on strategic planning and reforms of the Republic of Kazakhstan, audit committees of areas, cities of republican value, the capital, the offices of maslikhats and executive bodies financed from the local budget do not develop development plans for state bodies.";

Part the second Item 2 of Article 69 to exclude 7);

8) 11) of Item 1 of Article 88 to exclude the subitem;

Item 2 of Article 175 to state 9) in the following edition:

"2. Creditor in case of budget crediting from the republican budget is the central authorized body on budget implementation.";

Item 2 of Article 180 to state 10) in the following edition:

"2. The main conditions of budget credit are established by the decision of the central authorized body on budget implementation or the relevant local executive body.";

Item 4 of Article 193 to state 11) in the following edition:

"4. Restructuring of budget credit is performed based on the decision of the central authorized body on budget implementation or the relevant local executive body according to each credit agreement in the presence of the positive conclusion of advisory advisory body under the central authorized body on budget implementation or local executive body.";

Part one of Article 194 to state 12) in the following edition:

"Transfer of debt on budget credit is allowed by agreement of the parties the credit agreement based on the decision of the central authorized body on budget implementation or the relevant local executive body.";

Part the fourth Item 3 of Article 199 to state 13) in the following edition:

"The procedure for approval of amounts of external loans of the quasi-public sector is determined by the central authorized body by state planning together with the central authorized body on budget implementation.";

The subitem 2) of Item 1 of Article 203 to state 14) in the following edition:

"2) determination by the central authorized body on state planning of limit of government debt, limits of provision of the state guarantees and guarantees of the state approved in the law on the republican budget, and limits of debt of the local executive bodies approved by the central authorized body on state planning in coordination with the central authorized body on budget implementation, according to the procedure determined by the central authorized body by state planning;";

Item 1 of Article 212 to state 15) in the following edition:

"1. Issue of securities for the address in the domestic market by local executive body of area, city of republican value, the capital is performed according to the procedure, established by the central authorized body on budget implementation.";

Part the second Item 2 of Article 225-2 to state 16) in the following edition:

"The sum for determination of limit of provision of the state guarantee of support of export is determined by the central authorized body on state planning.".

6. In the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family":

Part the fourth Item 2 of Article 86 to state 1) in the following edition:

"The procedure for appointment, return and the amount of lump money payment in connection with adoption of the orphan child and (or) child, without parental support, are determined by authorized body in the field of protection of the rights of children of the Republic of Kazakhstan.";

Part the fourth Item 2 of Article 125 to state 2) in the following edition:

"The procedure for appointment and the amount of allowance payment to guardians or custodians on content of the orphan child (orphan children) and child(children), without parental support, are determined by authorized body in the field of protection of the rights of children of the Republic of Kazakhstan.";

Item 1 of Article 137 to state 3) in the following edition:

"1. On content of each child transferred to foster tutors money according to the procedure and the size which are established by authorized body in the field of protection of the rights of children of the Republic of Kazakhstan monthly is paid.".

7. In the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014:

to add Article 161 part seven paragraph two after words of "social medical insurance" with the words "and the funds of target fee allocated for the guaranteed amount of free medical care".

8. In the Penitentiary code of the Republic of Kazakhstan of July 5, 2014:

1) subitems 1), parts one of Article 15 to exclude 3), 4) and 7);

Part one of Article 16 to add 2) with subitems 1-1), 1-2) and 1-3) of the following content:

"1-1) in coordination with authorized body in the field of social protection of the population of the rule of rendering social legal assistance to persons to whom the probation is applied;

1-2) lists of the electronic means of tracking used by service of probation;

1-3) lists of technical means of supervision, control and protection of organizations of criminal executive system;";

Part the fourth Article 97 to state 3) in the following edition:

"4. In all organizations, except for organizations of the minimum safety, convicts wear clothes of the established form.".

9. In the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015:

Part the second Article 20 to state 1) in the following edition:

"Support of initiatives of development of social entrepreneurship is performed by state bodies, national holdings, national institutes of development and other organizations according to the procedure, determined by authorized body by entrepreneurship.";

Item 4 of Article 25 to exclude 2);

3) in Article 25-1:

the second Item 3 to state part in the following edition:

"The procedure for integration of objects of informatization of state bodies and organizations into the register of business partners is determined by the legislation of the Republic of Kazakhstan on informatization.";

exclude item 4;

Item 1 of Article 61 to state 4) in the following edition:

"1. The extreme sizes of the compulsory membership fees are determined by authorized body by entrepreneurship.";

5) in Article 64:

to state part one of item 4 in the following edition:

"4. The procedure for carrying out accreditation, including form of the certificate on accreditation, the bases and procedure for cancellation of accreditation of associations of subjects of private entrepreneurship and other non-profit organizations, is determined by authorized body by entrepreneurship.";

exclude Item 9;

6) in Article 79-4:

the sixth Item 1 to state part in the following edition:

"The special commission representatives of state bodies, National chamber of entrepreneurs, public associations and labor unions are included.";

state Item 3 in the following edition:

"3. Rules of maintaining the register of subjects of social entrepreneurship affirm authorized body on entrepreneurship.";

7) subitems 1-2), 2), 3), 4) of part one, second and third Item 1 and Item 2 of Article 84 to exclude parts;

8) in Item 2 of Article 85:

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

"1-1) creates and realizes state policy in the field of state regulation of entrepreneurship;";

state subitem 5-1) in the following edition:

"5-1) approves rules of maintaining the register of mandatory requirements in the field of entrepreneurship;";

6) to state the subitem in the following edition:

"6) approves rules of calculation of annual average number of workers and the annual average income;";

8) to exclude the subitem;

Item 2 of Article 94 to state 9) in the following edition:

"2. Procedure, forms of the state financial support, industry (industries) of economy as which (which) the subjects of private entrepreneurship which are subject to the state financial support, legal (legal) person (persons) involved (attracted) to rendering the state financial support perform activities the sizes of financial support and other conditions necessary for rendering the state financial support affirm authorized bodies of the corresponding industries in coordination with authorized body on entrepreneurship.";

10) subitems 5), parts one of Item 1 and Item 2 of Article 98 to exclude 7), 11), 16), 22) and 23);

11) in Article 99:

1) to state the subitem in the following edition:

"Creates 1) and realizes state policy on development and the state support of private entrepreneurship;";

add with subitems 2-1), 2-2), 2-3), 2-4) and 2-5) of the following content:

"2-1) approves rules of provision to subjects of small and medium entrepreneurship in property employment (lease) or trust management of not used objects of state-owned property and the parcels of land occupied by them for the organization of productive activity and development of service industry to the population with the subsequent voluntary conveyance in property;

2-2) will organize consideration by advisory councils of the projects of regulatory legal acts, drafts of international treaties of the Republic of Kazakhstan, and also international treaties developed by the central state, local representative and executive bodies which participant the Republic of Kazakhstan, the subjects of private entrepreneurship infringing on interests intends to become;

2-3) carries out the analysis of functioning of industries of economy for the purpose of removal of obstacles for development of subjects of private entrepreneurship;

2-4) will organize provision to subjects of private entrepreneurship of economic information on condition of the domestic and foreign markets;

2-5) approves rules of carrying out accreditation of associations of subjects of private entrepreneurship;";

Subitems 1) and 1-1) Item 2 of Article 100-1 to state 12) in the following edition:

"Creates 1) and realizes state policy in the field of the state support of innovative activities;

1-1) creates and realizes the state technological policy;";

Item 1 of Article 105 to add 13) with subitem 2-1) of the following content:

"2-1) carry out the analysis of the entrepreneurial circle, the investment climate and infrastructure of development of private entrepreneurship;";

Part one of Item 1 of Article 117 to state 14) in the following edition:

"1. The authorized body in the field of regulation of trading activity approves the list of socially important food products in coordination with authorized body in the field of social protection of the population.";

The subitem 2) of Item 1 of Article 124-5 to state 15) in the following edition:

"2) the organizations and carrying out centralized trade by electrical energy, ensuring readiness of trade system for carrying out the centralized biddings, centralized purchase and sale of electrical energy by the single purchaser of electrical energy regarding the costs of the single purchaser of electrical energy connected with implementation of its activities, centralized purchase of service in maintenance of readiness of electric power and centralized sale of service in ensuring readiness of electric power for execution of loading by the single purchaser regarding the costs of the single purchaser connected with implementation of its activities;";

Paragraph one of Item 2 of Article 282-1 to state 16) in the following edition:

"2. Rules of the organization of "one window" for investors, and also order of interaction in case of investment attraction affirm authorized body on investments and determine the amounts of investments in specific industries of economy for receipt of service in the principle of "one window", and also procedure:".

10. In the Labor code of the Republic of Kazakhstan of November 23, 2015:

1) subitems 2), of Article 15 to exclude 3), 5), 6) and 7);

Article 16 to add 2) with subitems 1-1) and 9-1) of the following content:

"1-1) creates and realizes state policy in the field of work, safety and labor protections;";

"9-1) determines the sizes of social benefit by temporary disability;";

The subitem 6) of Item 1 of Article 26 to state 3) in the following edition:

"6) with the foreigners and stateless persons which are temporarily staying in the territory of the Republic of Kazakhstan:

not provided entry visas and stay for the purpose of reunion of family and the document confirming condition in the marriage with the citizen of the Republic of Kazakhstan recognized by the legislation of the Republic of Kazakhstan;

not having agreements of the imputed medical insurance covering primary health care and specialized medical care in stationary conditions in the emergency form on the conditions established by the laws of the Republic of Kazakhstan;";

Item 3 of Article 85 to state 4) in the following edition:

"3. For the purpose of rational use of working hours during holidays, and also on the weekend, stipulated in Item 5th Articles 84 of this Code, the authorized body on work has the right to transfer the days off to other working days.".

11. In the Code of the Republic of Kazakhstan of December 26, 2017 "About customs regulation in the Republic of Kazakhstan":

1) is not valid from December 31, 2024

2) the paragraph third the subitem 2) of part one of Item 2 of article 125 after the words "State Social Insurance Fund" to add with words of "the means of target fee allocated for the guaranteed amount of free medical care";

Item 4 of Article 332 to state 3) in the following edition:

"4. The waste formed as a result of destruction, which are not subject to the room under customs procedures acquires the status of goods of the Eurasian Economic Union and is considered not being under customs control from the date of recognition according to the procedure, determined by authorized body, the formed waste unsuitable for their further commercial use or from the date of representation to customs authority of the documents confirming the fact of burial, neutralization, utilization or destruction of the formed waste different way or the fact of their transfer for making of such transactions.";

To add 4) with Chapter 45-1 of the following content:

"Chapter 45-1. Features of customs declaring, release of goods of electronic trading and making of customs transactions in case of realization of the experiment in the field of foreign electronic trading by goods made in the Republic of Kazakhstan

Article 392-1. The basic concepts used in this Chapter

For the purposes of this Chapter the basic concepts are used:

1) the goods of electronic trading intended for realization to physical persons, - the goods imported on customs area of the Eurasian Economic Union placed under customs procedure of customs warehouse and intended for realization to physical persons, constantly or temporarily living (temporarily staying) in the territory of the Republic of Kazakhstan, on electronic trading platforms with use of the Internet within the transaction, one of the parties of which is the physical person;

2) the goods of electronic trading acquired by physical persons, - the goods acquired by physical persons on electronic trading platforms with use of the Internet within the transaction between physical person, constantly or temporarily living (temporarily staying) in the territory of the Republic of Kazakhstan, and the foreign person, imported on the territory of the Republic of Kazakhstan from the third countries in the international mailings or carrier to the physical persons who are receivers of such goods;

3) participants of the experiment in the field of foreign electronic trading by goods made in the Republic of Kazakhstan, - authorized body, authorized body in the field of regulation of trading activity, operators of electronic trading, physical persons, constantly or temporarily living (temporarily staying) in the territory of the Republic of Kazakhstan;

4) operators of electronic trading - the legal entities of the Republic of Kazakhstan allowed by authorized body to participation in realization of the experiment in the field of foreign electronic trading by goods made in the Republic of Kazakhstan (further - experiment), and the making customs transactions concerning goods of electronic trading;

5) goods of electronic trading - the goods of electronic trading intended for realization to physical persons and the goods of electronic trading acquired by physical persons.

Article 392-2. Procedure for determination of operators of electronic trading

1. The admission of legal entities of the Republic of Kazakhstan to participation in realization of experiment is performed based on the statement and in case of observance of the obligations established by subitems 2), 4) and 12) of Item 2 of Article 392-9 of this Code by them.

2. The application for participation in realization of experiment as the operator of electronic trading is submitted by the legal entity to authorized body in any form by electronic method or on paper.

3. The authorized body within ten working days from the date of receipt considers applications it on compliance to the obligations established by subitems 2), 4) and 12) of Item 2 of Article 392-9 of this Code.

The authorized body notifies the applicant on results of consideration of the application in writing no later than one working day following behind day of adoption of the relevant decision.

In case of discrepancy of the applicant to the obligations established by subitems 2), 4) and 12) of Item 2 of Article 392-9 of this Code, the authorized body refuses recognition of the applicant by the operator of electronic trading.

Repeatedly the application is considered after elimination by the applicant of violations within five working days from the date of its receipt in authorized body.

Article 392-3. Order of interaction of participants of experiment

1. Operators of electronic trading interact with customs authorities in the way:

1) representation to customs authorities in the invariable form of the data presented to operators of electronic trading by electronic trading platforms of the third countries on the goods imported on the territory of the Republic of Kazakhstan to the physical persons who are receivers of such goods.

In case of identification by operators of electronic trading of discrepancy of the received data with the imported goods of electronic trading operators of electronic trading make corresponding changes to data for implementation of customs declaring;

2) implementation of customs declaration of goods of electronic trading;

3) calculations and payments of customs duties, taxes;

4) making of customs transactions concerning goods of electronic trading.

2. Physical persons - receivers of goods of electronic trading interact with operators of electronic trading in the way:

1) submissions of the data necessary for customs declaration of goods of electronic trading;

2) payments to operators of electronic trading of the amounts of receivable customs payments, taxes.

Article 392-4. Release of the goods of electronic trading acquired by physical persons

1. The goods of electronic trading acquired by physical persons for stay and use in the territory of the Republic of Kazakhstan are subject to customs declaring and release by customs authorities according to the procedure and on the conditions provided by this Chapter without room under customs procedures.

2. Customs transactions concerning the goods of electronic trading acquired by physical persons are made by the customs applicant - physical person who is the receiver of such goods, independently or operators of electronic trading on behalf of the customs applicant (physical person).

3. Release of the goods of electronic trading acquired by physical persons is made by customs authority on condition of payment of customs duties, the taxes levied in the form of cumulative customs payment according to single rates of customs duties, the taxes approved by the Commission.

4. Release of the goods of electronic trading specified in Item 1 of this Article shall be complete in terms, stipulated in Clause 193 of this Code.

5. The goods of electronic trading specified in Item 3 of this Article acquire the status of goods of the Eurasian Economic Union from the moment of their release.

Article 392-5. Application of customs payments and discharge of duty on customs payment concerning the goods of electronic trading acquired by physical persons

1. The goods of electronic trading acquired by physical persons are subject to taxation by the customs duties, taxes levied at the single rates.

2. For the purposes of calculation of customs duties, the taxes levied at the single rates, base for their calculation and the applied types of rates are the cost of such goods and (or) their physical characteristic in kind (quantity, weight, including taking into account primary package of goods which is inseparable from goods before its consumption and (or) in which the goods are represented for retail sale, amount or other characteristics of goods).

3. The cost of imported goods of electronic trading is declared in the declaration on goods for express loads in the form approved by the Commission based on information on their total cost specified in the document on acquisition of such goods (checks, accounts, bank payment documents), and when making customs transactions by operators of electronic trading - also based on data on acquisition of such goods received by operators of electronic trading from electronic trading platform (in the presence of such information).

4. The cost of goods of electronic trading shall be declared based on the authentic, quantitatively determined and documentary confirmed information.

5. Customs fees concerning goods of electronic trading are not levied.

6. Calculation of customs duties, the taxes levied at the single rates is performed in national currency of the Republic of Kazakhstan.

7. For the purposes of calculation of customs duties, the taxes levied at the single rates the rates operating on the date of registration of the declaration by customs authority for goods for express loads in the form approved by Board of the Eurasian economic commission the, or other document in electronic form used by operators of electronic trading and containing the data necessary for release are applied (further - other electronic document).

8. The obligation on customs payment arises at the physical person who is the receiver of goods of electronic trading. In case of independent customs declaration of goods of electronic trading by the payer of customs duties, the taxes levied at the single rates the customs applicant is.

When implementing customs declaration of goods of electronic trading by operators of electronic trading on behalf of customs applicants payers of customs duties, the taxes levied at the single rates are operators of electronic trading, at the same time relations between operators of electronic trading and customs applicants regarding compensation of the costs incured by operators of electronic trading on customs payment are performed on contractual basis.

Article 392-6. Features of application of customs procedure of customs warehouse concerning the goods of electronic trading intended for realization to physical persons

1. Customs procedure of customs warehouse is applied to the goods of electronic trading intended for realization to physical persons, according to the procedure and on the conditions established by Chapter 25 of this Code taking into account the features provided by this Article.

2. Customs transactions concerning the goods of electronic trading intended for realization to physical persons are made by operators of electronic trading on behalf of customs applicants of such goods.

3. Concerning the goods of electronic trading intended for realization to physical persons prohibitions and restrictions according to article 8 of this Code are observed.

4. Provisions of paragraph one of Item 2 of article 216 of this Code are not applied to the goods of electronic trading intended for realization to physical persons.

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