LAW No. 409 OF 1ST JULY 1999 OF THE REPUBLIC OF KAZAKHSTAN

THE CIVIL CODE OF THE REPUBLIC OF KAZAKHSTAN (SPECIAL PART)

AMENDMENTS AND ADDITIONS INTRODUCED BY:
1)  Law No. 486 of 29th November 1999 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments to the Civil Code of the Republic of Kazakhstan (Special Part).  (Articles:  747; 751; 760).  Effective from the date of publication (30th November 1999); 
2)  Law No. 42 of 29th March 2000 of the Republic of Kazakhstan «Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Banking Secrecy» (Articles: 599, 740, 741, 742, 746 replaced, 765).  Effective from the date of publication (1st April 2000); 
3)  Law No. 75 of 5th July 2000 of the Republic of Kazakhstan.  Concerning the Introduction of An Amendment and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Leasing.  (Article 564).  Effective from the date of publication (July 13, 2000);
4)  Law No. 128 of 18th December 2000 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Insurance and Insurance Activities.  
(Articles:  803; 805 replaced; 808; 809; 809-1 introduced; 813; 814; 815; 816; 817; 818; 819; 820; 821;  822; 823; 825; 825-1 introduced; 826; 826-1 introduced, 826-2 introduced, 826-3 introduced, 827; 828; 829; 830 replaced; 831; 832; 834; 835; 837; 838; 839; 840; 842; 844).  Effective from 23rd December 2000; 
5)  Law No. 260 of 6th December 2001 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of the Railway Transport.  (Article 699).  Effective from 27th December 2001; 
6)  Law No. 276 of 24th December 2001 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan In Connection With the Adoption of the Code of the Republic of Kazakhstan «Concerning Taxes and Other Obligatory Payments to the Budget» (The Tax Code).  (Articles:  741, 938, 1083).  Effective from the 1st January 2002; 
7)  Law No. 323 of 21st May 2002 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of the State Property.  (Article 910).  Effective from the 25th May 2002; 
8)  Law No. 376 of 8th January 2003 of the Republic of Kazakhstan.  Concerning the Introduction of an Amendment to the Civil Code of the Republic of Kazakhstan (Special Part).  (Article 483).  Effective from the 21st January 2003;
9)  Law No. 394 of 13th March 2003 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Pension Support.  (Articles:  741, 742).  Effective from the 15th March 2003;
10)  Law No. 416 of 16th May 2003 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Securities Market and Joint-Stock Companies.  (Articles:  886, 892).  Effective from the 21st May 2003;
11)  Law No. 445 of 1st July 2003 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (Special Part) Concerning Insurance Issues.  (Articles:  825, 829, 833, 835).  Effective from the 14th July 2003;
12)  Law No. 482 of 9th July 2003 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Bill of Exchange Circulation, Payments and Transfers of Funds.  (Articles:  742, 756).  Effective from the 25th July 2003; 
13)  Law No. 483 of 10th July 2003 of the Republic of Kazakhstan «Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Organising an Integrated System of State Regulation and Supervision of Financial Markets and Financial Organisations. (Articles:  715, 728, 824, 825, 825-1, 830, 841, 842).  Effective from the 1st January 2004; 
14)  Law No. 527 of 27th February 2004 of the Republic of Kazakhstan.  Concerning the Introduction of an Addition to the Civil Code of the Republic of Kazakhstan (Special Part).  (Article 830).  Effective from the 1st April 2004;
15)  Law No. 532 of 10th March 2004 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Financial Leases.  (Article:  565).  Effective from the 28th March 2004;
16)  Law No. 542 of 8th April 2004 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Obligatory Social Insurance.  (Articles:  741, 742).  Effective the 1st January 2005; 
17)  Law No. 577 of 7th July 2004 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Investment Funds.  (Article:  893 replaced).  Effective 20th July 2004; and
18)  Law No. 13 of 20th December 2004 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Division of Duties Between the Levels of the Governmental Administration and Budget Relations.  (Roman Section numbers changed for Arabic ones;  Articles:  1071, 1083).  Effective January 1, 2005;
19)  Law No. 90 of 22nd November 2005 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Intellectual Property Rights.  (Articles:  961, 971, 972, 975, 978, 982, 983, 986, 987, 988, 989, 990, 1006).  Effective date n/a; 
20)  Law No. 107 of 23rd December 2005 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Licensing and Consolidated Supervision.  (Articles:  727, 728, 743).  Effective December 30, 2005;
21)  Law No. 127 of 20th February 2006 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Underwriting.  (Article 738-1 introduced).  Effective date n/a; 
22)  Law No. 128 of 20th February 2006 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Insurance.  (Articles:  807, 809, 809-1, 810 repealed, 811 repealed, 812 repealed, 816, 818, 819, 820, 824, 825, 825-1, 826, 826-1, 826-2, 830, 839, 841, 842, 843, 845).  Effective date n/a; 
22) current text;
23)  Law No. 139 of 5th May 2006 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Auditing.  (Article 495).  Effective Date n/a; 
24)  Law No. 147 of 22th June 2006 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Enforcement Procedures.  (Articles:  741 replaced, 1083).  Effective date n/a;
25)  Law No. 164 of 5th July 2006 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Mutual Insurance.  (Articles:  803, 814, 845).  Effective January 1, 2007; and   
26)  Law No. 225 of 12th January 2007 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General and Special Parts).  (Articles:  758, 797, 799, 800, 826, 883, 926, 1045, 1046, 1049, 1056, 1060, 1061 replaced, 1062 replaced, 1063 replaced, 1064 replaced, 1065 repealed, 1066 repealed, 1067 replaced, 1068 replaced, 1072 replaced, 1072-1 introduced, 1072-2 introduced, 1072-3 introduced, 1072-4 introduced, 1074, 1082, 1095).  Effective date n/a; 
27)  Law No. 230 of 19th February 2007 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Protecting Rights of Minority Investors.  (Article 728).  Effective date n/a; 
28)  Law No. 237 of 2nd March 2007 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Intellectual Property.   (Articles:  991, 992, 993, 994, 996, 998, 999, 1000, 1003, 1004).  Effective date n/a
29)  Law No. 244 of 7th May 2007 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Obligatory Types of Insurance.  (Articles: 806, 807, 815, 818, 833).  Effective date n/a; 
30)  Law No. 253 of 15th May 2007 of the Republic of Kazakhstan.  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Labour Regulation.  (Articles: 493, 573, 742, 921, 1040).  Effective date n/a; 
31)  Law No. 264 of 19th June 2007 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Advertising.  (Article 1025).  Effective date n/a;
32) Law No. 133 of 12th February 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Act of the Republic of Kazakhstan Concerning Issues of Organisation and Functioning of Islamic Banks and Organisations of Islamic Finance. (Articles: 406, 727, 756, 883).  Effective date n/a;
33) Law No. 157 of 4th May 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Gambling Business. (Article 914). Effective  date n/a;
34)  Law No. 185 of 11th July 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of the Legislation of the Republic of Kazakhstan Concerning Payments and Remittances of Money, Accounting and Financial Reporting of Financial Organisations, Banking Activity and Activity of the National Bank of the Republic of Kazakhstan. (Articles 740 replaced, 750). Effective  date n/a; 
35)  Law No.  192 of 28th August 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Counteraction to Legalisation (Laundering) of Income Gained in an Illegal Way, and Financing of Terrorism. (Articles 765, 830). Effective  date n/a; 
36)  Law No. 234 of 30th December 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Obligatory and Mutual Insurance, Taxation. (Articles: 825-1, 826, 828, 841). Effective  date n/a; 
37)  Law No. 249-IV of 5th February 2010 of the Republic of Kazakhstan  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the State’s Immunity and the State’s Property, the Improvement of Activities of Arbitration Tribunals and International Commercial Arbitration. (Article 1102 replaced). Effective  date n/a; 
38)  Law No. 258 of 19th March 2010 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Statistics and Taxation. (Article 1017). Effective  date n/a; 
39)  Law No. 262 of 2nd April 2010 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Enforcement Procedures. (Article 406). Effective  date n/a;
40)  Law No. 297-IV of 30th June 2010 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Matters of Customs Regulation and Taxation. (Article 741). Effective dale July 1, 2010;
41)  Law No. 338 of 15th July 2010 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Insurance. (Articles: 803, 817, 825-1, 826, 826-1, 828, 830, 841, 842 replaced, 848, 849). Effective  date n/a, except for amendments to subparagraphs 12), 13) of paragraph 1 of Article 826 which are effective January 1, 2012;
42)  Law No. 406 of 10th February 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Mortgage Crediting and Protection of Rights of Consumers of Financial Services and Investors. (Articles: 718 replaced, 728 replaced, 740, 760). Effective  date n/a; 
43)  Law No. 414-IV of 1st March 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Property. (Articles:  493, 509, 541, 604, 883, 889, 1071, 1083). Effective  date n/a; 
44)  Law No. 421 of 25th March 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of Civil legislation. (Articles:  494, 498, 507, 508, 518, 544, 575, 582, 585, 594, 594-1 introduced, 594-2 introduced, 594-3 introduced, 594-4 introduced, 594-5 introduced, 594-6 introduced, 594-7 introduced, 601, 708, 709, 710, 713, 714, 765, 887, 915, 916, 925, 926, 939, 940, 951, 1072, 1074, 1076). ). Effective  date n/a; 
45)  Law No. 424 of 30th March 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic (Special Part). (Articles: 938, 943, 945). Effective  date n/a, except for amendment to  paragraph 4 of Article 945 which is effective January 1, 2011; 
46)  Law No. 479 of 22nd July 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Housing Relations. (Article 602). Effective  date n/a; 
47)  Law No. 524 of 28th December 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Regulation of Banking Activity and Financial Organisations with Respect to Risk Minimization. (Articles: 891, 1040). Effective date n/a; 
48)  Law No. 537-IV of 12th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Intellectual Property. (Articles: 977, 978, 991, 999, 1020, 1024, 1028). Effective date n/a; 
49)  Law No. 538-IV of 12th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Stock Market Development in the Republic of Kazakhstan. (Article 826). Amendments to: subparagraphs 12), 13) of Article 826 - effective from January 1, 2012 till January 1, 2013; subparagraphs 15), 16) of Article 826  – effective January 1, 2013; 
50)  Law No. 539 of 12th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Project Financing. (Article  738-1 replaced). Effective date n/a; 
51)  Law No. 15 of 27th April 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Exclusion of Conflicts, Gaps, Collisions Between Rules of Law of Various Legislative Acts and Rules Favouring the Commission of Corruption Violations. (Article 1058). Effective date n/a; 
52)  Law No. 19 of 21st June 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Counteraction Against Legalization (Laundering) of Income Gained in an Illegal Way, and Financing of Terrorism and Converting of Money Into Cash. (Articles: 765, 830). Effective date n/a; 
53)  Law No. 25 of 4th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Electric Power Industry, Investment Activity of Entities of Natural Monopolies and Regulated Markets. (Article: 488). Effective date n/a; 
54)  Law No. 30-V of 5th July 2012 of the Republic of Kazakhstan  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Organisation of Activities of the National Bank of the Republic of Kazakhstan and the Regulation of the Financial Market and Financial Organisations. (Articles: 718, 739). Effective date n/a; 
55)  Law No. 31-V of 10th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Technical Regulation and Metrology. (Articles: 423, 427 and 486). Effective date n/a; 
56)  Law No. 57 of 26th November 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Activity of Micro-Financial Organisations. (Article 718). Effective date n/a. Amendments shall  apply to micro-credit organisations till 1st January 2016;
57)  Law No. 60 of 24th December 2012  of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Registration of Legal Entities and Accounting Registration of Affiliates and Representations. (Article 1020). Effective date n/a; 
58)  Law No. 81 of 6th March 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Competition. (Article 484). Effective date n/a; 
59)  Law No. 106 of 21st June 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Pension Support. (Articles: 740, 742). Effective date n/a; 
60)  Law No. 131-V of 4th July 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Introduction of New Types of State-Private Partnership and Expansion of Spheres of Their Application. (Articles: 541 and 883). Effective date n/a; 
61)  Law No. 164 of 15th January 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Perfection of Executive Proceedings. (Article 740). Effective date n/a; 
62)  Law No. 177 of 7th March 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Rehabilitation and  Bankruptcy, Taxation. (Articles: 512, 883, 885 and 891). Effective date n/a;
63) Law No. 206 of 10th June 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Counteraction to Legislation (Laundering) of Income Gained in a Criminal Way, and Financing of Terrorism. (Article 765, 830). Effective date n/a; and
64) Law No. 214 of 30th June 2014 of the Republic of Kazakhstan  Concerning the Introduction of Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Amnesty of Citizens of the Republic of Kazakhstan, Oralmen and Persons Having Residence Permits in the Republic of Kazakhstan in Connection with the Legalisation of Property by Them.  (Articles 749). Amendments shall be effective from 1st September 2014 until the expiration of the period, as established by subparagraph 2) of paragraph 2 of Article 8 of the Law of the Republic of Kazakhstan "Concerning Amnesty of the Republic of Kazakhstan Citizens, Oralmen, and Persons Having Residence Permits in the Republic of Kazakhstan, In Connection with the Legalisation of Property by Them."
65) Law No. 227 of 3rd July 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Improvement of Criminal Legislation. (Articles  839, 843). Effective January 1, 2015

1.  Under a purchase-and-sale contract one party (the seller) shall assume an obligation to transfer property (goods) into the ownership, business authority, operative management of another party (the buyer), and the buyer shall assume an obligation to accept that property (goods) and pay a determined monetary sum (price) for it.

	2.  The provisions specified in this paragraph shall apply to purchase and sale of securities and currency assets, unless legislative acts establish specific rules for their purchase and sale.  

2-1.  Special considerations in purchase and sale of goods by an Islamic bank when it carries out banking activities shall be established by the legislative acts of the Republic of Kazakhstan, which regulate banking activities. 

3.  In cases specified in this Code, or other legislative acts, special consideration in purchase and sale of certain types of goods shall be established by legislative or other regulatory legal acts.

4.  The provisions specified by this paragraph shall apply to the sale of property rights, unless it otherwise ensues from the content, or nature of those rights. 

5.  The provisions specified in this paragraph shall apply to individual types of purchase-and-sale contracts (retail purchase-and-sale, supply of goods, energy supply, procurement, or sale of an enterprise), unless it is otherwise provided for in the rules of this Code concerning contracts of those types.

6.  When property is sold in accordance with the procedure established for the implementation of judicial decisions, the court enforcement officer shall act as a seller. 

1.  Any goods may be the subject of purchase and sale, in compliance with the rules of Article 116 of this Code.

2.  A contact may be concluded for purchase and sale of goods which are available to the seller at the moment of concluding a contract, as well as of goods which will be created or purchased by the seller in the future, unless it is otherwise established by legislative acts, or ensues from the nature of given goods.

3.  A term on goods shall be considered to be agreed upon, if a given contract allows to determine the name and quantity of goods (material terms).

1.  A seller shall be obliged to transfer to the buyer the goods specified in their contract.

2.  Unless it is otherwise specified in a given contract, the seller shall be obliged, simultaneously with the transfer of goods, to transfer to the buyer their accessories, as well as documents relating to it (documents that certify completeness, safety, quality of goods, procedure for operation etc.) as provided for by regulatory legal acts or a given contract.

1.  A period for implementation by the seller of his obligation to transfer goods to the buyer shall be defined in their contract, and if it does not allow to determine that period, then in accordance with the rules specified in Article 277 of this Code.

2.  A purchase-and-sale contract shall be considered concluded under the condition of its implementation by a definite date, if it clearly ensues from the contract that after said date the buyer loses his interest in performance of the contract.

Without the consent of the buyer, the seller shall not have the right to perform such a contract prior to the date, or after the expiration of a set period.

Legislative acts or a contract may establish cases of execution of a purchase-and-sale contract by parts (interim periods of contract execution).

1.  Unless it is otherwise specified in a given contract, the seller's obligation to transfer goods to the buyer shall be considered implemented at the moment of:

1) handing of the goods to the buyer or a person indicated by him, if the contract stipulates the seller's obligation to deliver the goods;

2) presenting the goods at the disposal of the buyer or a person indicated by him, if the goods must be handed in the place of their location.

The goods shall be considered to be presented at the disposal of the buyer if, by the date specified in the contract, the goods are ready for transfer in the proper place, and the buyer, in accordance with terms of the contract, is aware of the readiness of the goods for the transfer.  The goods shall not be recognized as ready to be transferred if they are not identified for the purposes of a given contract by way of marking or in  another way.

2.  In cases when no obligation of the seller to deliver to the buyer the goods or transfer the goods in the place of their location ensues from a given contract, the obligation of the seller to transfer the goods to the buyer shall be deemed to be executed at the moment of submission of the goods to the carrier or the organisation of communications for the delivery to the buyer, unless the contract provides otherwise.

1.  Unless it is otherwise stipulated by the purchase-and-sale contract, the risk of accidental loss of, or accidental damage to the goods shall pass to the buyer from the moment when in accordance with legislative acts or the contract the seller is deemed to have executed his obligation of transfer of the goods to the buyer.

2.  The risk of accidental loss of, or accidental damage to the goods sold during their being en route, shall pass to the buyer from the moment of conclusion of a given purchase-and-sale contract, unless it is otherwise specified in agreement of the parties, or business tradition.

The term of a contract, stipulating that the risk of accidental loss of, or accidental damage to the goods passes to the buyer from the moment of handing of the goods to the first carrier, pursuant to the buyer's claim may be recognized by the court as invalid, if at the moment of conclusion of the contract, the seller knew, or should have known that the goods were lost or damaged, but failed to notify the buyer accordingly.

When the right of ownership, the right of business authority, or operative management is transferred to the buyer earlier than the transfer of goods, the seller shall be obliged, prior to the transfer, to preserve the goods, not allowing their deterioration.

The buyer shall be obliged to reimburse to the seller the costs necessary for that preservation, unless it is otherwise provide for by the parties agreement.

1.  The seller shall be obliged to transfer the goods to the buyer free from any rights of third parties, except for the case when the buyer agreed to accept the goods encumbered with the rights of third parties.

Non-execution by the seller of this obligation shall invest the buyer with the right to demand reduction of the purchase price, or rescission of the contract and compensation for losses, unless it is proved that the buyer knew, or must have known of the rights of third parties for those goods.

2.  The rules specified in paragraph 1 of this Article shall accordingly apply also in the case where there were claims of third parties with regard to the goods by the moment of their transfer to the buyer, of which the seller knew, if those claims were subsequently recognized as legitimate through the established procedure.

1.  In case of  a seizure of the goods from the buyer by third parties on the bases which emerged prior to the execution of a given contract, the seller shall be obliged to compensate to the buyer losses incurred by him, unless the seller proves that the buyer new of should have known of the existence of such bases.

2.  Agreement of the parties on exemption of the seller from liability, or on its restriction in case of claiming purchased property from the buyer by third parties, shall be invalid.

1.  If a third party, on the basis which emerged prior to the execution of a given contract, files a law suit against the buyer to withdraw the goods, then the buyer shall be obliged to bring the seller to participation in the case, and the seller shall be obliged to enter into the case on the buyer's side.

2.  The buyer's failure to bring the seller to participation in the case shall release the seller from liability before the buyer, if the seller proves that if he had participated in the case, he could have prevented the withdrawal of the goods from the buyer.

3.  The seller who was brought by the buyer to participation in the case, but did not take part in it, shall be deprived of the right to prove incorrectness of leading the case by the buyer.