LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 21, 2007 No. 298-III ZRK

About development of cotton industry

This Law determines legal, organizational and economic basis of development of cotton industry and governs the public relations arising in production process, procurements, purchase, conversion, storage and realization of cotton in the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:   

1) the holder of the mortgage certificate - the physical person or legal entity which is the pawnbroker of cotton in the obligation certified by the mortgage certificate;   

2) the holder of the warehouse certificate - the owner of cotton, pledged, in making cases on the warehouse certificate of the endorsement - the endorsee;   

3) lint - the fibrous cover of seeds which remained after department of cotton-fiber from cotton seeds;   

4) cotton - raw cotton, cotton-fiber, cotton seeds;   

4-1) hlopkozagotovitelny organization - the legal entity performing purchase and procurement of cotton raw;

5) the owner of cotton - the physical person or legal entity having raw cotton and (or) cotton-fiber, and (or) cotton seeds on the property right;   

6) hlopkopriyemny Item - the specialized construction intended for acceptance, storage and leave of cotton raw;   

7) fund of guaranteeing obligation fulfillment for cotton receipts - the legal entity performing the activities for the purpose of ensuring protection of the rights and legitimate interests of holders of cotton receipts from non-execution of obligations by the cotton-processing organizations for the cotton receipts issued by them;   

8) activities for rendering services in warehouse activities with issue of cotton receipts - the activities performed by the cotton-processing organizations for cotton raw storage; to storage, leave of cotton-fiber and seeds of cotton and primary conversion of cotton raw in cotton-fiber;   

9) the cotton receipt - the double warehouse certificate granted by the cotton-processing organization in confirmation of acceptance of cotton raw on storage and (or) primary conversion; cotton-fiber and seeds of cotton - on storage;   

10) the holder of the cotton receipt - the owner of cotton who transferred to the cotton-processing organization raw cotton to storage and (or) primary conversion; cotton-fiber and seeds of cotton - on storage; in making cases on the cotton receipt of the endorsement - the endorsee;   

11) participants of the cotton market - the physical persons and legal entities participating in production, procurement, cotton raw purchase, its primary conversion in cotton-fiber and realization of cotton;   

12) monitoring of the cotton market - set of the actions directed to collection, processing and data analysis of the cotton market, including production, conversion, storage and realization of cotton, performed by participants of the cotton market;   

13) quality of cotton - set of the consumer properties of cotton determining compliance to requirements of documents for standardization;

14) the cotton-processing organization - the legal entity having the cotton-processing plant on the property right, rendering services in primary conversion of cotton raw and warehouse activities with issue of cotton receipts;   

15) authorized body in the field of development of cotton industry (further - authorized body) - the central executive body determined by the Government of the Republic of Kazakhstan, performing state regulation of cotton industry;   

16) the cotton-processing plant - the specialized construction intended for primary conversion of cotton raw in cotton-fiber;   

17) cotton-fiber - the main product received in case of primary conversion of cotton raw;   

18) cotton-fiber pile - certain amount of the cotton-fiber pressed by special method received as a result of primary conversion of cotton raw in cotton-fiber with observance of requirements of technical regulations and documents for standardization;

19) examination of quality of cotton-fiber - package of measures, directed to establishment and confirmation of the actual indicators of quality of cotton-fiber, the including selection and testing of test, execution of the quality certificate of cotton-fiber;   

20) the quality certificate of cotton-fiber - the document certifying the actual indicators of quality of cotton-fiber and their compliance to requirements of documents for standardization and (or) contracts;

21) cotton seeds - the cotton fruits received in case of primary conversion of cotton raw;   

22) cotton growing - crop production industry on cotton production;   

23) specialized cotton crop rotation - the evidence-based alternation of cotton with other crops interfering accumulating of diseases and wreckers, promoting preserving and increase in soil fertility, increase in productivity and quality of cotton raw in case of which the cotton share in structure of cultivated area in the territory of land use of one agricultural producer constitutes no more than seventy percent;   

24) the agreement of conversion - the public agreement on primary conversion of cotton raw in cotton-fiber;   

25) the agreement of storage - the public agreement of storage of cotton raw;   

26) No. 268-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 28.10.2019

27) raw cotton - fiber with not separated seeds;   

27-1) procurement of cotton raw - the range of services performed by the hlopkozagotovitelny and (or) cotton-processing organizations, including acceptance, storage and leave of cotton raw;

28) primary conversion of cotton raw in cotton-fiber - complex of technological transactions on purification of cotton raw in cotton-fiber, seeds, lint, fibrous waste (ulyukosoderzhashchy and pukhosoderzhashchy);   

29) examination of quality of cotton raw - package of measures, directed to establishment and confirmation of the actual indicators of quality of cotton raw, the including selection and testing of test, execution of the certificate of quality of cotton raw;   

30) cotton raw conversion by-products - seeds, lint, fibrous waste (ulyukosoderzhashchy and pukhosoderzhashchy);   

31) cotton raw storage - acceptance of cotton raw for storage and (or) primary conversion with issue of cotton receipts;   

32) cotton raw production - complex of the agrotechnological actions directed to cotton raw cultivation;

33) cotton raw purchase - acquisition of cotton raw by the conclusion of the agreement of contracting according to which the agricultural producers who are engaged in cotton production sell raw cotton to the hlopkozagotovitelny and (or) cotton-processing organizations performing purchase of such products at the price and conditions determined by the agreement.

Article 2. Legislation of the Republic of Kazakhstan on development of cotton industry

1. The legislation of the Republic of Kazakhstan on development of cotton industry is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

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