This Law shall regulate social relations arising in the course of production and turnover of certain kinds of petroleum products: petrol, aviation and diesel fuel, and mazut.
Документ показан в демонстрационном режиме!
LAW No. 463-IV OF 20th JULY 2011 OF THE REPUBLIC OF KAZAKHSTAN
CONCERNING THE STATE REGULATION OF PRODUCTION AND TURNOVER OF CERTAIN KINDS OF PETROLEUM PRODUCTS
AMENDMENTS AND ADDITIONS INTRODUCED BY: 1) 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: 16, 26). Effective January 1, 2012; 2) Law No. 21 of 22nd 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 Main Pipelines and Taxation. (Articles: 1, 7 and 18). Effective date n/a; 3) Law No. 36 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 the Reduction of Permissive Documents and Optimisation of Controlling and Supervisory Functions of the State Bodies. (Articles: 1, 4, 6, 7, 8, 17 replaced and 21). Effective date n/a; 4) 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 17). Effective date n/a; 5) 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: 23). Effective date n/a; 6) Law No. 152 of 5th December 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 Taxation. (Article 18). Effective August 10, 2011; 7) Law No. 159 of 13th 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 Assignment of Competences of State Bodies at Legislative and (or) Sub legislative Levels. (Articles: 7 and 9). Effective date n/a; 8) Law No. 189 of 11th April 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 Civil Protection. (Articles: 1, 3, 6, 7, 9, 13, 18). Effective date n/a; 9) Law No. 203 of 16th May 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 Permissive System. (Articles: 17, 21). Effective date n/a; 10) Law No. 233 of 4th 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 Procedural Legislation. (Articles: 1, 6, 7, 18). Effective date n/a; 11) Law No. 239 of 29th September 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 Delimitation of Powers Among the State Administration Levels. (Articles: 1, 6, 7, 8, 9, 12, 14, 18, 19, 21). Effective date n/a; 12) Law No. 248 of 7th November 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 Further Improvement of the State Government System. (Article 16). Effective date n/a; 13) Law No. 257 of 28th November 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 Taxation. (Articles: 1, 6, 8, 12, 19, 26). Effective January 1, 2015, except for amendments to: subparagraph 6 and subparagraph 7 of paragraph 3 of Article 12, which are effective January 1, 2016; 14) Law No. 269 of 29th December 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 Cardinal Improvement of Conditions for Business Activity in the Republic of Kazakhstan. (Articles: 7, 8, 19). Effective January 1, 2015, except for amendments to: the first part of paragraph 4 of Article 19, which are effective January 2, 2015; 15) Law No. 312 of 5th May 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Natural Monopolies and Regulated Markets. (Article 9). Effective date n/a; 16) Law No. 376 of 29th October 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Entrepreneurship. (Articles: 1, 2, 11, 22, 25 replaced). Effective January 1, 2016; 17) Law No. 432 of 3rd December 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Taxation and Customs Administration. (Articles: 1, 6, 8, 19, 20, 21). Effective date n/a, except for amendments to: Article 1, subparagraph 12-4) of Article 6, Articles 8 and 21 which are effective January 1, 2016; Articles 19 and 20 which are effective July 1, 2016; 18) Law No. 500 of 9th April 2016 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 Regulation of Production and Turnover of Certain Kinds of Petroleum Products. (Articles: 1, 4, 6, 7, 8, 10, 11-1 introduced, 12, 14, 15, 16, 17, 18, 19, 20, 21 replaced, 22, 23, 24, 26). Effective date n/a, except for amendments to: subparagraphs 2) and 3) of paragraph 1 of Article 26 which are effective January 1, 2016; 19) Law No. 26 of 30th November 2016 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Taxation and Customs Administration. (Articles: 1, 21, 22). Effective January 1, 2017; 20) Law No. 34 of 28th December 2016 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 and State Support to Housing Construction. (Articles: 9, 14). Effective January 1, 2017; 21) Law No. 122 of 25th December 2017 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Taxation. (Articles: 8, 12, 22). Effective January 1, 2018; 22) Law No. 126 of 27th December 2017 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Subsurface Use. (Articles: 1, 8, 17, 19, 26). Effective January 1, 2018; 23) Law No. 156 of 24th May 2018 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Business Regulation Improvement. (Articles: 9, 11 replaced). Effective date n/a; 24) Law No. 184 of 5th October 2018 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Ensuring the Unity of Measures and Standardization. (Articles: 1, 4, 7, 13). Effective upon the expiration of six months after the day of its first official publication; 25) Law No. 241 of 2nd April 2019 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Development of the Business Environment and Regulation of Trade Activity. (Articles: 8, 18, 21). Effective date n/a; and 26) Law No. 243 of 3rd April 2019 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Special Economic and Industrial Zones, Attraction of Investments, Development and Promotion of Export, and Also Social Support. (Articles: 1, 6, 7, 10, 15, 18, 19, 23). Effective date n/a.
Article 1. Basic Concepts Used in this Law
Amended by: 2) Law No. 21 of 22nd 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 Main Pipelines and Taxation; 3) Law No. 36 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 the Reduction of Permissive Documents and Optimisation of Controlling and Supervisory Functions of the State Bodies; 8) Law No. 189 of 11th April 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 Civil Protection; 10) Law No. 233 of 4th 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 Procedural Legislation; 11) Law No. 239 of 29th September 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 Delimitation of Powers Among the State Administration Levels; 13) Law No. 257 of 28th November 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 Taxation; 16) Law No. 376 of 29th October 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Entrepreneurship; 17) Law No. 432 of 3rd December 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Taxation and Customs Administration; 18) Law No. 500 of 9th April 2016 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 Regulation of Production and Turnover of Certain Kinds of Petroleum Products; 19) Law No. 26 of 30th November 2016 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Taxation and Customs Administration; 22) Law No. 126 of 27th December 2017 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Subsurface Use; 24) Law No. 184 of 5th October 2018 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Ensuring the Unity of Measures and Standardization; and 26) Law No. 243 of 3rd April 2019 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Special Economic and Industrial Zones, Attraction of Investments, Development and Promotion of Export, and Also Social Support.
The following basic concepts shall be used in this Law:
1) car-fuelling station – a technological complex and equipment ensuring storage and retail sale of petroleum products, provided with controlling recording devices. Car-fuelling stations shall be divided in the following types: stationary ones – with the underground or surface location of reservoirs, which is designated to fill transport vehicles with petroleum products via fuel-filling columns; container ones – with the surface location of reservoirs for storage of petroleum products, whose technological system is characterized by the location of fuel-filling columns in a container for storage of petroleum products that is designed as a single factory-made product; mobile ones – with the location of a reservoir and a fuel-filling column on a truck chassis, trailer, semi-trailer designed as a single factory-made product;
2) repealed by 3;
3) personal identification code number means a permanent identification number, which is assigned to producers of petroleum products, wholesale suppliers of petroleum products which import petroleum products, and to each name of petroleum product, produced in the Republic of Kazakhstan or imported to the territory of the Republic of Kazakhstan, and required for the indication of a kind, grade of petroleum products in an accompanying note and declaration for petroleum products turnover;
4) control recording devices – technical devices that determine quantitative and qualitative characteristics of petroleum products, that are designated to keep records for purposes of subsequent transfer in the real-time mode via the operator of data of control recording devices in the sphere of manufacture and turnover of petroleum products to the authorized body in the sphere of turnover of petroleum products by means of an automated system of information about volumes of production and (or) turnover of petroleum products, which devices are installed at industrial facilities of manufacturers of petroleum products and at car-fuelling stations (except for car-fuelling stations of mobile type), that are allowed to be used in accordance with the legislation of the Republic of Kazakhstan in the sphere of ensuring of the uniformity of measurements;
5) investment program means a program for investing and repayment of funds, aimed at the creation, modernization and reconstruction of the existing production capacities of petroleum products producers for a certain period for the purpose of obtaining a planned technical-and-economic effect, which includes in itself the economic indicators, including investment components which affect the petroleum products price;
6) compounding means mixing of two or several components, including insertion of additives, dopants for the purpose of producing of petroleum products of program quality; 6-1) products of processing – products of processing of crude petroleum and gas liquids which are suitable for subsequent processing by a producer of petroleum products (accept for a small-scale producer of petroleum products);
7) nonmerchantable petroleum product means a petroleum product which does not meet the requirements of technical documents and documents for standardization;
8) producer of petroleum products of small capacity means a producer of petroleum products which produces petroleum products on technological installations, which design capacity contemplates the volume of processing of crude oil and/or gas condensate less than eight hundred thousand tones per year;
9) petroleum supplier * a natural person or legal entity which supplies to a manufacturer of petroleum products, and also to petroleum processing factories situated beyond the boundaries of the Republic of Kazakhstan, crude petroleum and (or) natural gas liquids independently produced, received by the Republic of Kazakhstan as taxes payable in kind in accordance with the tax legislation of the Republic of Kazakhstan, imported or purchased directly from a subsurface user, on conditions established by this Law;
10) petroleum products mean certain kinds of petroleum products: petrol, aviation and diesel fuel, mazut;
11) plan of supplies of petroleum products means a volume of monthly demands of oblasts, cities of Republic’s significance and capital city in petroleum products, produced in the Republic of Kazakhstan;
11-1) single operator for supply of petroleum products – a legal entity determined by the Government of the Republic of Kazakhstan whose principal scope of activity is supplies of petroleum products to the Armed Forces of the Republic of Kazakhstan, Frontier Service of the National Security Committee of the Republic of Kazakhstan, National Guards of the Republic of Kazakhstan, authorized body in the sphere of civil protection, authorized body in the sphere of state material reserves, and also rendering to them services associated with storage and delivery of petroleum products;
12) retail realization of petroleum products means an entrepreneurial activity on the sale of petroleum products by a physical person or legal entity for own needs with no intent of further realization;
13) retail seller of petroleum products – an individual entrepreneur or legal entity carrying out purchases of petroleum products for purposes of subsequent retail selling;
14) wholesale supplier of petroleum products – an individual entrepreneur or legal entity carrying out purchases of petroleum products from producers of petroleum products, petroleum suppliers and (or) importers for purposes of subsequent selling; 14-1) importer – an individual entrepreneur or legal entity carrying out the brining (in particular importation) of own petroleum products in the territory of the Republic of Kazakhstan for purposes of subsequent selling;
Полная версия