RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/KAZ/41
28 May 2003
(03-2855)
Working Party on the
Accession of KazakstanOriginal:  English
ACCESSION OF KAZAKSTAN
Synoptic Table on Legislation of the Republic of Kazakhstan (2003)
The Ministry of Industry and Trade of the Republic of Kazakhstan has submitted the
following Synoptic Table on Legislation of the Republic of Kazakhstan with the request that it be
circulated to members of the Working Party.
_______________WT/ACC/KAZ/41
Page 2 Draft Law Title Relevant WTO Agreements SynopsisDate of Submission of the
Draft Law to the Parliament of
the Republic of Kazakhstan
On Changes and Amendmentsto Legislative Acts onStandardization and
CertificationTechnical Barriers to Trade The Draft Law is primarily aimed at further development and
improvement of the current standardization system of the Republicof Kazakhstan by harmonizing it with international requirements
and principles, set out by the WTO. The draft law contains a
number of changes and amendments to the Laws of the Republicof Kazakhstan "On Standardization", and "On Certification". Inparticular, the draft law introduces:
− certain conceptual corrections harmonized with international
requirements and providing for the future transition tovoluntary standards;
− provisions on approval by the Gosstandart of translations of
international, regional, national standards of foreign countries,as well as state standards into the national language and
Russian aimed to ensure uniform interpretation of normative
acts on standardization;
− requirements to the establishment of products classification
system; includes provisions on implementation of theproducts classification system in the Republic of Kazakhstan,
and lists products to be covered by the system; and
− changes to the certification sy stem organizational structure;
expands on  normalization of activities of certification bodiesand test centers, etc.Under discussion in the
Parliament of the Republic ofKazakhstan
On Mandatory Insurance ofLegal Liabilities of Tour Agentsand OperatorsGeneral Agreement on Trade in
ServicesThe Draft Law regulates public relations, arising in the process of
mandatory insurance of legal liabilities of tour agents andoperators under tourist service contracts aimed to protect interestsof third parties, whose life, health or property has been negatively
affected as a result of professional activities of tour agents and
operators.Under discussion in the
Parliament of the Republic ofKazakhstanWT/ACC/KAZ/41
Page 3Draft Law Title Relevant WTO Agreements SynopsisDate of Submission of the
Draft Law to the Parliament of
the Republic of Kazakhstan
On Changes and Amendmentsto Legislative Acts of theRepublic of Kazakhstan due to
enactment of the Law of the
Republic of Kazakhstan "OnArchitecture, UrbanDevelopment, and ConstructionActivities in the Republic of
Kazakhstan"General Agreement on Trade in
ServicesThe Draft Law has been developed to curb inconsistencies of legal
norms set out in the Law of the Republic of Kazakhstan "OnArchitecture, Urban Development, and Construction Activities in
the Republic of Kazakhstan" and other legislative acts, adopted
earlier, regarding state expert evaluation of building projects,developed for various sectors; improvement of quality of projectdocuments, ensuring safety of constructed objects, as well as anefficient use of attracted investments.Under discussion in the
Parliament of the Republic ofKazakhstan
Forestry Code of the Republic
of KazakhstanAgreement on Agriculture
General Agreement on Trade in
ServicesThe Draft Law sets legal norms for protection, and reproduction of
forests; enhancement of their ecological potential and longevity,
as well as principles of rational use.Under discussion in the
Parliament of the Republic of
Kazakhstan
On Mandatory Insurance in theSphere of Plant CultivationGeneral Agreement on Trade in
ServicesAgreement on AgricultureThe Draft Law has been developed to protect economic interests
of producers of goods of plant origin from adverse effects,resulting in a partial or total crop damage, by means of indemnitypayments. The Draft Law determines the cases where provisions
on indemnity payments shall apply, the value of indemnity
payments, as well as appropriate procedures.Under discussion in the
Parliament of the Republic ofKazakhstan
Land Code General Agreement on Trade in
ServicesAgreement on AgricultureThe Draft Code has been developed to protect economic interests
of producers of goods of plant origin from adverse effects,resulting in a partial or total crop damage, by means of indemnitypayments. The Draft Code determines the cases where provisionson indemnity payments shall apply, the value of indemnity
payments, as well as appropriate procedures.Under discussion in the
Parliament of the Republic ofKazakhstan
On Changes and Amendments
to Legislative Acts on
Regulation of Land RelationsGeneral Agreement on Trade in
Services
Agreement on AgricultureThe Draft Law has been developed to bring norms set out in
certain legislative acts of the Republic of Kazakhstan in line with
norms of the Land Code of the Republic of Kazakhstan, which, inturn, will allow to avoid divergences between the norms of theLand Code and other legislative acts, regulating land relations.Under discussion in the
Parliament of the Republic of
Kazakhstan
On Motor Transport General Agreement on Trade in
ServicesRegulates relations between carriers, passengers, consignors,
consignees, other natural persons and legal entities, operating inthe sphere of motor transport.Under discussion in the
Parliament of the Republic ofKazakhstanWT/ACC/KAZ/41
Page 4 Draft Law Title Relevant WTO Agreements SynopsisDate of Submission of the
Draft Law to the Parliament of
the Republic of Kazakhstan
On Changes and Amendmentsto the Law of the Republic ofKazakhstan "On Competition
and Restriction of Monopolies"General Agreement on Tariffs
and Trade 1994General Agreement on Trade in
ServicesThe Draft Law is primarily aimed to determine the legal platform
for state regulation of activities of major market agents in order tocreate favorable conditions for an efficient operation of
commodity markets.Under discussion in the
Parliament of the Republic ofKazakhstan
On State Regulation ofProduction and Turnover ofTobacco GoodsGeneral Agreement on Tariffs
and Trade 1994Agreement on Sanitary andPhytosanitary MeasuresThe Draft Law has been developed to protect human health by
means of state quality control, effected over tobacco goods, both
produced in and imported to the Republic of Kazakhstan, as wellas to control the volume of budget receipts in the form of exciseslevied on production and turnover of tobacco goods.Under discussion in the
Parliament of the Republic ofKazakhstan
On Changes and Amendmentsto Legislative Acts on LawyersGeneral Agreement on Trade in
ServicesThe Draft Law is primarily aimed at the improvement of the
procedural status of lawyers in court hearings and development of
new mechanisms for the defense, as well as for the prosecution, in
order to create conditions allowing for contention in the process ofadministration of justice.Under discussion in the
Parliament of the Republic of
Kazakhstan
On Changes and Amendments
to Legislative Acts on NotariesGeneral Agreement on Trade in
ServicesThe Draft Law has been developed to set additional qualifying
requirements to persons, wishing to perform as notaries; introducethe bottom level of charges for notary services; and to clarifyfunctions of the bodies of justice and notaries offices.Under discussion in the
Parliament of the Republic ofKazakhstan
On Advertising General Agreement on Trade in
Services
Agreement on Trade-Related
Aspects of Intellectual PropertyRightsThe Draft Law contains general and specific requirements to
advertising, conditions of production, positioning, distribution,
and use; terms and conditions of liabilities arising from
inappropriate advertising; peculiarities of promotion of specificproducts, advertising of financial, insurance, investment services,and securities.Under discussion in the
Parliament of the Republic of
Kazakhstan
On Mandatory Insurance of
Legal Liabilities of Carriersbefore PassengersGeneral Agreement on Trade in
ServicesThe Draft Law has been developed to provide insurance protection
to all passengers, irrespective of the means of transportation andthe carrier involved. The type of insurance protects economic
interests of a carrier, arising from its responsibility to indemnify
damages caused to life, health, and (or) property of passengers.Under discussion in the
Parliament of the Republic ofKazakhstan
On Mandatory Insurance ofLegal Liabilities of Owners ofMotor VehiclesGeneral Agreement on Trade in
ServicesThe Draft Law has been developed to protect interests of both
owners of motor vehicles, and persons, who can potentially beharmed as a result of exploitation of motor vehicles.Under discussion in the
Parliament of the Republic ofKazakhstanWT/ACC/KAZ/41
Page 5Draft Law Title Relevant WTO Agreements SynopsisDate of Submission of the
Draft Law to the Parliament of
the Republic of Kazakhstan
On Legal Liabilities of Auditorsand Auditing OrganizationsGeneral Agreement on Trade in
ServicesThe Draft Law has been developed to provide a high level of
protection for parties, injured as a result of errors and lapses madeby an auditor (auditing organization) in the course of auditing
procedures.Under discussion in the
Parliament of the Republic ofKazakhstan
On Legal Liabilities of PrivateNotariesGeneral Agreement on Trade in
ServicesMandatory insurance of legal liabilities of private notaries is
primarily targeted at ensuring protection of economic interests ofthird parties, injured as a resu lt of professional activities of a
private notary. The proposed insurance mechanism addresses theneed to protect legitimate interests of notaries by shifting theburden of possible costs, arising from adjustment of claims of
third parties, to the insurance organization.Under discussion in the
Parliament of the Republic ofKazakhstan
On Changes and Amendmentsto Legislative Acts of theRepublic of Kazakhstan onInsurance ActivitiesGeneral Agreement on Trade in
ServicesThe Draft Law has been prepared to bring norms set out in the
effective legislative acts in line with the norms of the Draft Law ofthe Republic of Kazakhstan "On Mandatory Insurance of LegalLiabilities of Owners of Motor Vehicles" and the Draft Law "OnMandatory Insurance of Legal Liabilities of Carriers BeforePassengers".Under discussion in the
Parliament of the Republic ofKazakhstan
On Changes and Amendments
to the Code of the Republic of
Kazakhstan on AdministrativeOffencesGeneral Agreement on Trade in
ServicesThe Draft Laws have been developed to supplement the Code of
Administrative Offences with provisions on administrative
liabilities of private notaries, auditors, and auditing organizationsarising from instances, when they  evade conclusion of contracts
on mandatory insurance of their legal liabilities; failure to pay,delayed or incomplete payment of contributions to the fund thatguarantees indemnity payments to insurers (insured, beneficiaries)
under mandatory insurance contracts in case of enforced
dissolution of the insurance organization.Under discussion in the
Parliament of the Republic of
Kazakhstan
On Insurance IndemnityGuarantee  FundGeneral Agreement on Trade in
ServicesThe Draft Law has been prepared to help implement state policies
on mandatory insurance, improve the level of protection oflegitimate interests of insurers (insured, beneficiaries) and thelevel of confidence of natural persons and organizations in thenational insurance market; ensure efficiency of the major types of
insurance – mandatory insurance of legal liabilities of owners of
motor vehicles and mandatory insurance of legal liabilities ofcarriers before passengers.Under discussion in the
Parliament of the Republic ofKazakhstanWT/ACC/KAZ/41
Page 6 Draft Law Title Relevant WTO Agreements SynopsisDate of Submission of the
Draft Law to the Parliament of
the Republic of Kazakhstan
On Amendments to the Law ofthe Republic of Kazakhstan "OnInsurance Activities"General Agreement on Trade in
ServicesThe development of the Draft Law has become a result of the
preparation of the Draft Law of the Republic of Kazakhstan "OnIndemnity Payment Guarantee Fund", and is devised as a follow-
up to the latter.Under discussion in the
Parliament of the Republic ofKazakhstan
On Securities Market General Agreement on Trade in
ServicesThe Draft Law is aimed at the development of the securities
market of the Republic of Kazakhstan. It has been developedincorporating current legal practices and contains norms, directedat further improvement of mechanisms of state regulation ofsecurities market, covering issues within competence of theauthorized body.Under discussion in the
Parliament of the Republic ofKazakhstan
On Changes and Amendments
to Legislative Acts of the
Republic of Kazakhstan  onSecurities Market and Joint-Stock CompaniesGeneral Agreement on Trade in
ServicesThe Draft Law introduces changes and amendments addressing
the following issues:
− registration and re-registration of legal entities, and, in
particular, of joint-stock companies;
− procedures relating to establishment of a legal entity,
operation of joint-stock companies, and circulation of
securities in the Republic of Kazakhstan; and
− itemization of procedures relating to the state registration of
the issue of securities.Under discussion in the
Parliament of the Republic of
Kazakhstan
On Changes and Amendmentsto the Law of the Republic ofKazakhstan "On Grain"Agreement on Agriculture   The Draft Law elaborates on the norms of renewal and transfer of
the national grain reserves, addresses issues of grain storage andquality control, and covers procedures relating to issuing,circulation, and redemption of grain vouchers.Under discussion in the
Parliament of the Republic ofKazakhstan
On Changes and Amendments
to Legislative Acts  on
Circulation of Bills, Payments,and Money TransfersGeneral Agreement on Trade in
ServicesThe Draft Law has been developed to help improve the platform,
regulating payments and money transfers; mechanisms of
application of financial instruments; increase the potential of billsas a payment instrument, with the view to unify provisions set outin the legislation, and to bring a number of norms stipulated by theLaw of the Republic of Kazakhstan "On Payments and MoneyTransfers" in line with the norms of the Civil Code.Under discussion in the
Parliament of the Republic of
KazakhstanWT/ACC/KAZ/41
Page 7Draft Law Title Relevant WTO Agreements SynopsisDate of Submission of the
Draft Law to the Parliament of
the Republic of Kazakhstan
On Changes and Amendmentsto the Law of the Republic ofKazakhstan "On Plant
Quarantine"Agreement on Agriculture   The Draft Law introduces the norm providing for pesticide
stocking, as well as a number of clarifying changes, regulatingquarantine activities. Implementation of the norms set out in the
draft law will enable adoption of additional measures targeted at
strengthening of the protection administered in the Republic ofKazakhstan against quarantine objects.Under discussion in the
Parliament of the Republic ofKazakhstan
On Mass Media (new variant) General Agreement on Trade in
ServicesThe Draft Law has been developed to ensure fulfillment of the
constitutional rights of citizens to freedom of expression,obtaining and dissemination of information; encouragedevelopment of mass media, growth and strengthening of the
single information space in the Republic of Kazakhstan.To be submitted to the
Parliament of the Republic ofKazakhstan in June of this year
On Changes and Amendmentsto Legislative Acts of theRepublic of Kazakhstan  (onintellectual property rights)Agreement on Trade-Related
Aspects of Intellectual PropertyRightsThe Draft Law has been developed to harmonize the national
legislation with the requirements set out in the internationaltreaties and agreements, regulating mechanisms of protection ofintellectual property rights. The harmonization will enable theRepublic of Kazakhstan to raise the level of efficiency of itssystem of protection of intellectual property rights, adopt
additional measures aimed to ensure the appropriate level of
protection of intellectual property rights both of citizens of theRepublic of Kazakhstan and foreign holders of intellectualproperty rights.  The Draft Law is aimed to cancel inefficientprovisions of the current legislation and introduce up-to-datemechanisms enabling legislative regulation of relations in this
sphere. Also, the Draft Law provides for a number of changes and
amendments to the Laws of the Republic of Kazakhstan "OnTrademarks, Service Marks, and Appellations of Origin", "OnProtection of Selection Achievements in the Republic ofKazakhstan", "On Copyright and Relating Rights", "On Legal
Protection of Layout Design of Integrated Microcircuits", and the
Patent Law of the Republic of Kazakhstan. Thus, the Draft Lawintroduces, inter alia, retroactive copyright protection, new termsand definitions aimed to unify the national legislation withinternational treaties and agreements.To be submitted to the
Parliament of the Republic ofKazakhstan in June of this yearWT/ACC/KAZ/41
Page 8 Draft Law Title Relevant WTO Agreements SynopsisDate of Submission of the
Draft Law to the Parliament of
the Republic of Kazakhstan
On Mandatory EnvironmentalInsuranceAgreement on Sanitary and
Phytosanitary MeasuresGeneral Agreement on Trade in
ServicesThe Draft Law has been developed to support the mechanism of
mandatory insurance of legal liabilities of legal entities and naturalpersons with the view to ensure that environmental damages
arising from   emergency situations will be covered by guaranteed
indemnity payments, and that the insurer has the funds, required toconduct post-pollution recovery works.To be submitted to the
Parliament of the Republic ofKazakhstan in June of this
year.
On Culture General Agreement on Trade in
ServicesThe Draft Law is a new variant of the Law of the Republic of
Kazakhstan "On Culture". It defines the legal, economic, social,and organizational platform for the state regulation of socialrelations, arising in the process of creation, revival, preservation,
development, use, and dissemination of culture in the Republic of
Kazakhstan.To be submitted to the
Parliament of the Republic ofKazakhstan in June of this year
On Protection, Reproduction,and Use of Fauna (new variant)Agreement on Sanitary and
Phytosanitary MeasuresGeneral Agreement on Trade inServicesThe Draft Law has been developed to bring legal relations arising
in the sphere of preservation and use of fauna in line with thenorms set out in the current legislation regulating environmentalprotection, wildlife sanctuaries, forests, water resources, as well asland relations with the view to achieve the required level of
improvement enabling creation of favorable conditions for animal
life, preservation of wildlife diversity, and integrity of habitats.Also, the Draft Law is aimed to strengthen legal platformregulating this sphere.To be submitted to the
Parliament of the Republic ofKazakhstan in July of this year
On Inland Water Transport General Agreement on Trade in
ServicesThe Draft Law regulates relations between state bodies and
organizations of inland water transport of the Republic ofKazakhstan, carriers, consignors, consignees, passengers, as well
as other natural persons and legal entities arising in the process of
inland navigation, conveyance of passengers, shipment of luggageand cargos by inland water transport. Also, the Draft Law definesrelating rights, responsibilities, and liabilities.To be submitted to the
Parliament of the Republic ofKazakhstan in September of
this year
On Investment Funds Agreement on Trade-Related
Investment MeasuresThe Draft Law has been developed to help improve forms of
investments, develop investment activities in the Republic ofKazakhstan, and lift the burden of the current unnecessary
regulatory norms impeding establishment of investment funds and
unit trusts, and enable transition from the current system oforganization of investment funds in the form of joint-stockcompanies to a system of unit trusts.To be submitted to the
Parliament of the Republic ofKazakhstan in December of
this yearWT/ACC/KAZ/41
Page 9Draft Law Title Relevant WTO Agreements SynopsisDate of Submission of the
Draft Law to the Parliament of
the Republic of Kazakhstan
On Changes and Amendmentsto Legislative Acts of theRepublic of Kazakhstan  on
Environmental ProtectionAgreement on Sanitary and
Phytosanitary MeasuresGeneral Agreement on Trade in
ServicesThe Draft Law provides for introduction of changes and
amendments to the Law of the Republic of Kazakhstan "OnEnvironmental Protection" and other legislative acts addressing
issues on production and consumption waste, prevention of
environmental damage of consumption waste, invigoration ofprocesses relating to implementation of non-waste technologies.To be submitted to the
Parliament of the Republic ofKazakhstan in November of
this year
On Production and
Consumption WasteAgreement on Sanitary and
Phytosanitary MeasuresGeneral Agreement on Trade inServicesThe Draft Law is aimed to regulate relations, arising in the process
of management of production and consumption waste with theview to prevent, reduce and liquidate its adverse effects on theenvironment and human health, use the waste in the recycling
technologies as an additional source of raw materials.To be submitted to the
Parliament of the Republic ofKazakhstan in November ofthis year
On Food Quality and Safety Agreement on Sanitary and
Phytosanitary MeasuresGeneral Agreement on Trade inServicesThe Draft Law has been developed to improve legal norms,
regulating relations arising in the process of effecting food qualitycontrol, and ensuring safety of foods for the human health.Under discussion by the
Government of the Republic ofKazakhstan
On Changes and Amendmentsto Legislative Acts on AuditingGeneral Agreement on Trade in
ServicesThe Draft Law has been prepared to trigger further development
and improvement of auditing practices and activities in theRepublic of Kazakhstan, improve investment environment, extend
the range of international contacts, and enhance responsibilities of
auditors and auditing organizatio ns. The Draft Law stipulates that
auditing practices and activities conform with internationalauditing standards.Under discussion by the
Government of the Republic ofKazakhstan
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