LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 10, 2012 No. 31-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning technical regulation and metrology

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 sheet of Parliament of the Republic of Kazakhstan, 1999, No. 16-17, of Art. 642; No. 23, Art. 929; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; No. 22, Art. 408; 2001, No. 23, Art. 309; No. 24, Art. 338; 2002, No. 10, Art. 102; 2003, No. 1-2, of Art. 7; No. 4, Art. 25; No. 11, Art. 56; No. 14, Art. 103; No. 15, Art. 138, 139; 2004, No. 3-4, of Art. 16; No. 5, Art. 25; No. 6, Art. 42; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 21-22, of Art. 87; No. 23, Art. 104; 2006, No. 4, Art. 24, 25; No. 8, Art. 45; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 3, Art. 21; No. 4, Art. 28; No. 5-6, of Art. 37; No. 8, Art. 52; No. 9, Art. 67; No. 12, Art. 88; 2009, No. 2-3, of Art. 16; No. 9-10, of Art. 48; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 3-4, of Art. 12; No. 5, Art. 23; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50, 53; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 2, Art. 13, 14, 15; No. 8, Art. 64; The law of the Republic of Kazakhstan of June 21, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of legalization (washing) of income gained in the illegal way, and to financing of terrorism and cashing in of money", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on June 23, 2012):

Shall be replaced with words 1) in Item 1 of Article 423 of the word of "state standards" "national standards";

2) in Article 427:

in part two of Item 1 of the word "state standards" shall be replaced with words "national standards";

in Item 3 of the word of "state standards" shall be replaced with words "national standards";

"State standards" shall be replaced with words 3) in Item 1 of Article 486 of the word "national standards".

2. In the Code of the Republic of Kazakhstan about administrative offenses of January 30, 2001 (The sheet of Parliament of the Republic of Kazakhstan, 2001, No. 5-6, of Art. 24; No. 17-18, of Art. 241; No. 21-22, of Art. 281; 2002, No. 4, Art. 33; No. 17, Art. 155; 2003, No. 1-2, of Art. 3; No. 4, Art. 25; No. 5, Art. 30; No. 11, Art. 56, 64, 68; No. 14, Art. 109; No. 15, Art. 122, 139; No. 18, Art. 142; No. 21-22, of Art. 160; No. 23, Art. 171; 2004, No. 6, Art. 42; No. 10, Art. 55; No. 15, Art. 86; No. 17, Art. 97; No. 23, Art. 139, 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 7-8, of Art. 19; No. 9, Art. 26; No. 13, Art. 53; No. 14, Art. 58; No. 17-18, of Art. 72; No. 2122, Art. 86, 87; No. 23, Art. 104; 2006, No. 1, Art. 5; No. 2, Art. 19, 20; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72, 77; No. 13, Art. 85, 86; No. 15, Art. 92, 95; No. 16, Art. 98, 102; No. 23, Art. 141; 2007, No. 1, Art. 4; No. 2, Art. 16, 18; No. 3, Art. 20, 23; No. 4, Art. 28, 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 12, Art. 88; No. 13, Art. 99; No. 15, Art. 106; No. 16, Art. 131; No. 17, Art. 136, 139, 140; No. 18, Art. 143, 144; No. 19, Art. 146, 147; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 12, Art. 48, 51; No. 13-14, of the Art. 54, 57, 58; No. 15-16, of Art. 62; No. 20, Art. 88; No. 21, Art. 97; No. 23, Art. 114; No. 24, Art. 126, 128, 129; 2009, No. 2-3, of the Art. 7, 21; No. 9-10, of the Art. 47, 48; No. 13-14, of the Art. 62, 63; No. 15-16, of the Art. 70, 72, 73, 74, 75, 76; No. 17, Art. 79, 80, 82; No. 18, Art. 84, 86; No. 19, Art. 88; No. 23, Art. 97, 115, 117; No. 24, Art. 121, 122, 125, 129, 130, 133, 134; 2010, No. 1-2, of the Art. 1, 4, 5; No. 5, Art. 23; No. 7, Art. 28, 32; No. 8, Art. 41; No. 9, Art. 44; No. 11, Art. 58; No. 13, Art. 67; No. 15, Art. 71; No. 17-18, of the Art. 112, 114; No. 20-21, of Art. 119; No. 22, Art. 128, 130; No. 24, Art. 146, 149; 2011, No. 1, Art. 2, 3, 7, 9; No. 2, Art. 19, 25, 26, 28; No. 3, Art. 32; No. 6, Art. 50; No. 8, Art. 64; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 115, 116; No. 14, Art. 117; No. 16, Art. 128, 129; No. 17, Art. 136; No. 19, Art. 145; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 9, 11, 13, 14, 16; No. 3, Art. 21, 22, 25, 26, 27; No. 4, Art. 32; No. 5, Art. 35, 36; No. 8, Art. 64; The law of the Republic of Kazakhstan of June 21, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of legalization (washing) of income gained in the illegal way, and to financing of terrorism and cashing in of money", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on June 23, 2012):

1) in table of contents:

to state headings of Articles 317 and 317-2 in the following edition:

"Article 317. Violation of the law of the Republic of Kazakhstan in the field of technical regulation";

"Article 317-2. Violation of procedure for issue of the certificate of origin and conclusion of forms of goods of the Customs union or foreign goods";

add with heading of Article 317-4 of the following content:

"Article 317-4. Violation of the law of the Republic of Kazakhstan about ensuring unity of measurements";

6) parts one of Article 153 of the word "state standards" shall be replaced with words 2) in the subitem "national standards";

In paragraph one of part one of Article 312 of the word "state standards" shall be replaced with words 3) "national standards";

Articles 317 and 317-2 to state 4) in the following edition:

"Article 317. Violation of the law of the Republic of Kazakhstan in the field of technical regulation

1. The violation of the law of the Republic of Kazakhstan in the field of technical regulation made in type:

1) release and the sales of products which is not conforming to requirements of technical regulations;

2) release in wholesale or retail trade, on the markets of products which are not conforming to requirements of the regulating document for standardization;

3) import and (or) the sales of products which is subject to obligatory confirmation of conformity without availability of the certificate of conformity, mark of conformity or the declaration of conformity, and also in case of their counterfeit, the expiration or suspension of effective period;

4) violations of procedure for work on confirmation of conformity and accreditation;

5) unreasonable issues or confirmations of action of the certificate of conformity, and equally unreasonable acceptances or registration of the declaration of conformity, statement declaration;

6) implementation of works in the field of confirmation of conformity in the state system of technical regulation without accreditation,

attracts penalty on physical persons in the amount of thirty, on officials, individual entrepreneurs - in the amount of fifty, on the legal entities who are subjects of small or medium business or non-profit organizations - in the amount of hundred, on the legal entities who are subjects of big business - in the amount of two hundred monthly settlement indicators with suspension of the certificate of accreditation, certificates of experts-auditors in confirmation of conformity, accreditation for the term of six months.

2. Non-execution or improper execution of instructions of the bodies exercising the state control of observance of requirements of the legislation of the Republic of Kazakhstan in the field of technical regulation except cases, stipulated in Article 317-1 of this Code,

attracts penalty on physical persons in the amount of thirty, on officials, individual entrepreneurs - in the amount of sixty, on the legal entities who are subjects of small or medium business or non-profit organizations - in the amount of hundred fifty, on the legal entities who are subjects of big business - in the amount of three hundred monthly settlement indicators with deprivation of the certificate of accreditation, certificates of experts-auditors in confirmation of conformity, accreditation.

3. The actions (failure to act) provided by parts one and the second this Article, made repeatedly within year after imposing of administrative punishment

attract penalty on physical persons in the amount of forty five, on officials, individual entrepreneurs - in the amount of hundred, on the legal entities who are subjects of small or medium business or non-profit organizations - in the amount of two hundred, on the legal entities who are subjects of big business - in the amount of four hundred monthly settlement indicators with deprivation of the certificate of accreditation, certificates of experts-auditors in confirmation of conformity, accreditation.";

"Article 317-2. Violation of procedure for issue of the certificate of origin and conclusion of forms of goods of the Customs union or foreign goods

1. Creation by experts-auditors in determination of the country of goods' origin, the status of goods of the Customs union or foreign goods and issue by the expert organization of acts of examinations of goods origin, about determination of the status of goods of the Customs union or foreign goods in which data on goods are counterfeited and doubtful,

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