THE ORDER OF THE DEPUTY PRIME MINISTER - THE MINISTER OF TRADE AND INTEGRATION OF THE REPUBLIC OF KAZAKHSTAN

of June 2, 2023 No. 197-HK

About modification of the order of the Minister of Trade and integration of the Republic of Kazakhstan of December 29, 2021 No. 658-HK "About approval of provision of republican public institution "Committee of trade of the Ministry of Trade and integration of the Republic of Kazakhstan"

According to the order of the Government of the Republic of Kazakhstan of July 10, 2019 "About measures for implementation of Presidential decrees of the Republic of Kazakhstan of June 17, 2019 No. 17 and of July 1, 2019 No. 46 "About measures for further enhancement of system of public administration of the Republic of Kazakhstan" I ORDER to No. 497:

1. Bring in the order of the Minister of Trade and integration of the Republic of Kazakhstan of December 29, 2021 No. 658-HK "About approval of provision of republican public institution "Committee of trade of the Ministry of Trade and integration of the Republic of Kazakhstan" the following change:

to be reworded as follows appendix to the specified order according to appendix to this order.

2. To provide to committee of trade of the Ministry of Trade and integration of the Republic of Kazakhstan:

1) within five calendar days from the date of signing of this order the direction it electronically in the Kazakh and Russian languages in the republican state company on the right of economic maintaining "Institute of the legislation and legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Trade and integration of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Trade and integration of the Republic of Kazakhstan.

4. This order becomes effective from the date of its signing.

Appendix

to the Order of the Deputy Premieres - the Minister - the Minister of Trade and integration of the Republic of Kazakhstan of June 2, 2023 No. 197-HK

Appendix

to the Order of the Minister of Trade and integration of the Republic of Kazakhstan of December 29, 2021 No. 658-HK

Provision of republican public institution "Committee of trade of the Ministry of Trade and integration of the Republic of Kazakhstan"

Chapter 1. General provisions

1. The republican public institution "Committee of trade of the Ministry of Trade and integration of the Republic of Kazakhstan" (further - Committee) is the department of the Ministry of Trade and integration of the Republic of Kazakhstan (further - the Ministry) performing regulating and realizable functions, and also participating in accomplishment of strategic functions of the Ministry in domestic trade.

2. The committee performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

3. The committee is legal entity in form of business of public institution, has seals and stamps with the name in Kazakh, forms of the established sample, according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

4. The committee enters the civil relations from own name.

5. The committee has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation.

6. The committee on questions of the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of Committee and other acts, stipulated by the legislation the Republic of Kazakhstan.

7. The structure and limit of the number of staff of Committee affirm according to the legislation of the Republic of Kazakhstan.

8. Committee location: Republic of Kazakhstan, 010000, city of Astana, area Esil, Prospekt Mang_l_k El, house 8, building "House of the ministries".

9. Full name of Committee:

in Kazakh - "Kazakstan Respublikasy Saod of Zhane integration министрлігінін Saod committee і" республикалык мемлекеттік мекемес і;

in Russian - republican public institution "Committee of trade of the Ministry of Trade and integration of the Republic of Kazakhstan".

10. This Provision is the constituent document of Committee.

11. Financing of activities of Committee is performed from the republican budget.

12. The committee is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are powers of Committee.

13. If the Committee by legal acts is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the government budget.

Chapter 2. Tasks, rights and obligations of Committee

14. Task: forming and realization of state policy in the field of development and regulation of domestic trade.

15. Rights of Committee:

1) the edition of legal acts within the competence;

2) request and obtaining from structural divisions of the Ministry, state bodies, the organizations, their officials of necessary information and materials;

3) introduction of suggestions for improvement of the legislation of the Republic of Kazakhstan;

4) holding meetings, seminars, conferences, round tables, tenders and other actions for the questions entering competence of Committee;

5) creation of advisory advisory bodies (working groups, the commissions, councils) on the supervised activities;

6) involvement of the corresponding specialists for participation in examinations in the questions carried to the competence and making the conclusions;

7) implementation of other rights provided by the current legislation of the Republic of Kazakhstan;

8) to coordinate and supervise work of territorial authorities of the Ministry of questions of domestic trade;

9) to give methodological and advisory help to territorial authorities of the Ministry and the organizations in the regulated sphere, to legal entities and physical persons on the questions entering competence of Committee;

10) to demand from territorial authorities of the Ministry of timely and exact execution of orders and orders of the Ministry and Committee.

Obligations of Committee:

1) ensuring realization of the tasks and functions assigned to Committee;

2) compliance with law of the Republic of Kazakhstan, it is right also the interests of physical persons and legal entities protected by the law;

3) preparation of explanations on the questions entering competence of Committee;

4) submission of required materials and references within the competence and within the legislation in case of official request for it by structural divisions of the Ministry and state bodies;

5) ensuring safety of the state-owned property which is on balance of Committee;

6) ensuring complete, timely and effective use of the budgetary funds allocated to Committee;

7) realization of the principles of model of "the hearing state" in work of Committee, availability of Committee to citizens and institutes of civil society;

8) consideration of addresses, messages, offers, responses and requests of physical persons and legal entities;

9) participation in the procedure of public procurements according to the legislation of the Republic of Kazakhstan on development of the technical specification, the conclusion of the agreement and adoption of the report and acts of the rendered services.

16. Functions of Committee:

1) develops suggestions for improvement of the legislation of the Republic of Kazakhstan in the field of domestic trade;

2) forming of the state trade policy in the field of domestic trade;

3) develops offers on development of trading activity, and also creating favorable conditions for production and sales of goods;

Develops 4) and approves regulatory legal acts of the Republic of Kazakhstan in the field of regulation of trading activity on domestic trade;

Develops 5) and approves rules of domestic trade;

Develops 6) and approves requirements to wholesale distribution centers in coordination with authorized body in the field of development of agro-industrial complex;

7) development of offers on development of trade infrastructure;

8) approves types and requirements to stationary shopping facilities;

Develops 9) and approves the minimum standard rates of security of the population with the floor space;

Develops 10) and approves rates of natural loss of food products in retail trade;

Initiates 11), participates and will organize holding republican and international exhibitions and fairs together with National chamber of entrepreneurs of the Republic of Kazakhstan;

12) is carried out by the macroeconomic analysis for the purpose of determination of threshold values of retail prices on socially important food products;

Develops 13) and approves procedure for establishment of threshold values of retail prices on socially important food products and the extent of maximum permissible retail prices on them;

14) together with authorized body in the field of development of agro-industrial complex monitoring of goods prices and, in case of achievement of price level in case of which rendering the regulating impact on the market is reasonable, in coordination with authorized body in the field of the state reserve carries out entering into the Government of the Republic of Kazakhstan of the offer on need of release of material values from the state reserve for rendering the regulating impact on the market with indication of subjects of trading activity - receivers, amount, the price and the size of the trade allowance of the issued material values;

15) develops the qualification requirements imposed to activities for export licensing and commodity import and to the list of the documents confirming compliance to them, forms of statements for obtaining and renewal of the license and (or) appendix to the license, form of the license and (or) appendix to the license;

Develops 16) and approves the subordinate regulatory legal acts determining procedure for rendering the state services;

17) performs issue of export licenses and (or) import during the importing or commodity exportation to the territory of the Republic of Kazakhstan within the tariff quotas;

18) keeps the database of the granted licenses and permissions in the field of commodity import;

19) is conducted by the register of self-regulatory organizations in the respective sphere (industry);

20) is performed by state regulation of activities of commodity exchanges;

21) is developed by the list of exchange goods, and makes to it changes and (or) amendments;

22) creates conditions for development of the international exchange biddings at commodity exchange;

23) publishes information on questions of activities of commodity exchanges and stock exchange trading, except for the data, components the commercial or protected by the law of the Republic of Kazakhstan other secret;

Develops 24) and approves rules of stock exchange trading;

Develops 25) and approves regulatory legal acts in the field of regulation of activities of commodity exchanges;

Develops 26) and approves qualification requirements and the list of the documents confirming compliance to them to activities of commodity exchanges;

Develops 27) and approves mandatory requirements to electronic trading system of commodity exchanges;

Develops 28) and approves rules of forming and use of warranty and insurance funds;

Develops 29) and approves requirements to the hardware and software of clearing center of commodity exchange;

30) is determined by procedure of clearing activities for stock exchange transactions;

31) approves rules and standards of self-regulatory organizations in the field of exchange activities;

32) is established by the maximum size of trade lot in one trading session, except for agricultural products, in the cases provided by rules of stock exchange trading;

33) is conducted by the register of the commodity exchanges organizing the exchange biddings by exchange goods and the register of the commodity exchanges organizing the exchange biddings by not standardized goods and also places them on the Internet resource;

34) is conducted by the register of market makers, and also places it on the Internet resource;

35) approves the minimum wholesale prices for the socially important food products made, imported and (or) realized in the Republic of Kazakhstan according to procedure for establishment of the minimum wholesale price for the socially important food products made, imported and (or) realized in the Republic of Kazakhstan;

36) is developed by the list of socially important food products;

37) is carried out by monitoring of the prices of socially important food products;

38) develops method of calculation of target indicators in the field of trade for efficiency evaluation of activities of local executive bodies;

39) participates in development of rules of registration in information system;

40) exercises the state control of compliance with law of the Republic of Kazakhstan on regulation of trading activity in the form of unscheduled inspection and preventive control with visit of subject (object) of control according to the Entrepreneurial code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On regulation of trading activity";

41) exercises the state control of observance of the extent of maximum permissible retail prices on socially important food products based on decisions of local executive bodies on establishment of such prices of socially important food products according to the Entrepreneurial code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On regulation of trading activity";

42) is created by the list of subjects of the state control concerning which the state control of observance of the extent of maximum permissible retail prices on socially important food products based on decisions of local executive bodies on marginal establishment of retail prices on socially important food products will be carried out;

43) issues instructions to subject (object) of the state control about their elimination with indication of elimination terms following the results of carrying out the state control of observance of the extent of maximum permissible retail prices on socially important food products in case of identification of violations;

44) is developed by procedure for establishment of the minimum wholesale price for the socially important food products made, imported and (or) realized in the Republic of Kazakhstan;

Constitutes 45) the protocol, initiates and considers proceedings on administrative offenses, and also imposing of administrative punishments in the field of trade according to the procedure, established by the Code of the Republic of Kazakhstan about administrative offenses;

46) considers appeals of physical persons and legal entities in the regulated sphere;

47) performs other powers, stipulated by the legislation the Republic of Kazakhstan on regulation of trading activity, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Chapter 3. The status and powers of the head of Committee under the organization of its activities

17. Management of Committee is performed of the chairman who bears the personal responsibility for accomplishment of the tasks assigned to Committee and implementation of the powers by it.

18. The chairman of Committee is appointed to position and dismissed according to the legislation of the Republic of Kazakhstan.

19. The chairman of Committee has deputies who are appointed to positions and are dismissed according to the legislation of the Republic of Kazakhstan.

20. Powers of the Chairman of Committee:

1) determines obligations and powers of the deputies, heads of structural divisions and employees of Committee;

2) within the competence issues orders;

3) appoints to positions and dismisses employees of Committee, except for workers whose questions of employment relationships are carried to competence of higher state bodies and officials;

4) resolves issues of sending, provision of leaves, rendering financial support, preparation (retraining), advanced training, encouragement, payment of allowances and awarding, and also disciplinary responsibility of employees of Committee, except for workers whose questions of employment relationships are carried to competence of higher state bodies and officials;

5) is represented by Committee in state bodies and other organizations according to the current legislation;

6) approves regulations on structural divisions of Committee;

7) in cases of fixation of the corruption offenses or actions promoting emergence of corruption acts is informed on it by management of the Ministry;

8) provides observance by the staff of Committee of regulations of office ethics of government employees;

9) takes the measures directed to anti-corruption in Committee and bears the personal responsibility for acceptance of anti-corruption measures;

10) bears responsibility for implementation of republican budget programs;

11) considers claims of physical persons and legal entities to acts by results of verifications of the instruction of elimination of violations and resolutions on cases on administrative offenses and makes on them decisions, and also delegates such powers to the deputies;

Represents 12) to management of the Ministry of the offer on structure and the staff list of Committee;

13) performs the common directorship of activities of Committee and bears the personal responsibility for accomplishment of the tasks assigned to Committee and implementation of the functions by it;

14) makes decisions on other questions carried to its competence.

Execution of powers of the Chairman of Committee in the period of its absence is performed by person replacing it according to the current legislation.

21. The chairman of Committee determines powers of the deputies according to the current legislation.

Chapter 4. Property of Committee

22. The committee can have on the right of operational management the isolated property in cases, stipulated by the legislation. The property of Committee is created at the expense of the property given it by the owner and also the property (including cash incomes) acquired as a result of own activities, and other sources which are not prohibited by the legislation of the Republic of Kazakhstan.

23. The property assigned to Committee belongs to republican property.

24. The committee has no right to alienate independently or to dispose otherwise of the property assigned to it and the property acquired at the expense of the funds allocated to it according to the plan of financing if other is not established by the legislation.

Chapter 5. Reorganization and abolition of Committee

25. Reorganization and liquidation of Committee are performed according to the legislation of the Republic of Kazakhstan.

 

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