RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/KAZ/34/Rev.1
23 September 2002
(02-5099)
Working Party on the
Accession of KazakhstanOriginal:  English
ACCESSION OF KAZAKHSTAN
Memorandum on Foreign Trade Legislation
Amendments of Legislative Acts Referred to Foreign Trade
Since the Last Meeting of the Working Party in July 2001
Revision
The Ministry of Economy and Trade of the Republic of Kazakhstan has submitted the
following information with the request that it be  circulated to members of the Working Party.
_______________WT/ACC/KAZ/34/Rev.1
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Since the last meeting of the Working Party Kazakhstan proceeds with an active work on
bringing the legislative acts on foreign trade into line with WTO rules and principles.
In the Table 1 the Laws in the area of foreign trade, adopted since the above period, are
presented.
Table 1
No. Name of the LawDate of signing by
the President of the
Republic of
Kazakhstan
1. "On amendments and additions to the Law of the Republic of Kazakhstan "On
auditing"15 January 2001
2. "On amendments and additions in some legislative acts of the Republic of
Kazakhstan on issues of especially protected natural territories"23 January 2001
3. "On land" 24 January 2001
4. "On amendments and additions in some legislative acts of the Republic of
Kazakhstan on issues of currency regulation"30 January 2001
5. "On amendments and additions to the Law "On banks and banking in the
Republic of Kazakhstan"2 March 2001
6. "On amendments and additions to the Law of the Republic of Kazakhstan "On
mass media"3 May 2001
7. "On tourist activity in the Republic of Kazakhstan" 13 June 2001
8. "On legal protection of layout design of integrated microcircuits" 29 June 2001
9. Code of the Republic of Kazakhstan "On taxes and other compulsory payments
to the budget"12 June 2001
10 "On amendments and additions in some legislative acts of the Republic of
Kazakhstan on issues of special economic zone "Astana is a new city"5 July 2001
11 "On amendments and additions to the Law "On securities market" 11 July 2001
12 "On amendments and additions to the Law of the Republic of Kazakhstan "On
certification"11 July 2001
13 "On amendments and additions in some legislative acts of the Republic of
Kazakhstan on bankruptcy issues"11 July 2001
14 "On architectural, town-planning and construction activity in the Republic of
Kazakhstan"16 July 2001
15 "On amendments and additions to the Law of the Republic of Kazakhstan "On
livestock breeding"14 December 2001
16 "On amendments and additions to the Decree of the President of the Republic
of Kazakhstan in force "On use of airspace and activity of aviation of the
Republic of Kazakhstan"15 December 2001
17 "On state regulation of civil aviation" 15 December 2001
18 "On amendments and additions to the Law of the Republic of Kazakhstan "On
communication"24 December 2001
19 "On railway transport in the Republic of Kazakhstan" 8 December 2001
20 "On merchant shipping" 17 January 2002
21 "On amendments and additions to the Law of the Republic of Kazakhstan "On
plants quarantine"18 February 2002
22 "On atmospheric air protection" 11 March 2002
23 "On state procurements" 16 May 2002
24 "On franchising" 21 June 2002
25 "On amendments and additions to the Decree of the President of the Republic
of Kazakhstan in force "On accounting"24 June 2002
26 "On plants protection" 3 July 2002
27 "On veterinary" 10 July 2002WT/ACC/KAZ/34/Rev.1
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Amendments referred to auditing, auditor's report and restrictions of the right to make an
audit have been introduced in the Law "On auditing".
Additions regarding the structure of an auditing organization, authorized capital amount,
qualification of a head of auditing organization, authorities of auditors' chambers, as well as the
composition of Qualification commission on auditors' attestation and the new Article on auditinginsurance have been introduced.
Additions have been introduced in the Law "On especially protected natural territories"
regarding the property of especially protected natural territories, their organization, state natural
reserves,  reserves-supporters, the order of formation of state reserved zones.
Amendments have been introduced regarding the executive bodies' competence; objects of
state natural-reserve fund and kinds of especially protected natural territories; legal status and
protected areas of especially protected natural territories; concept of state natural reserve, peculiaritiesof use of latter for cultural and educational, training, tourist and other purposes; zoning and
peculiarities of use of state national natural parks territories and resources from the Republican budget
for especially protected territories.
The Law "On land" stipulates:  setting up grounds, terms and limits of origin, alteration and
termination of property right to land plot and the right to land use, order of exercising of rights andcommitments of land plots' owners and land users,  regulation of land relations with the view of
effective use guarantee and land protection, soil fertility reproduction, preservation and improvement
of natural environment, creation of conditions for equal development of all the forms of economic
management, protection of the rights to land of natural and legal persons and state, real estate market
creation and development, strengthening of legality in the area of land relations.
The Law directly or indirectly covers the scope of an Agreement on agriculture, Agreement
on sanitary and phytosanitary measures application, General Agreement on trade in services.
Amendments and additions have been introduced in the Law of the Republic of Kazakhstan
"On currency regulation" and in the Law of the Republic of Kazakhstan "On state statistics".
Additions have been introduced in the Law "On cu rrency regulation" regarding the main concepts,
used in the Law, currency transactions, currency regulation bodies, restrictions on carrying out
currency transactions.  As well, Amendments have been introduced regarding the transactions
licensing order, related to the use of currency values and submission of reporting and information on
currency transactions, currency control agents.
In the Law "On state statistics", the amendments concerned the extension of this law scope to
affiliates and representations of foreign legal persons, carrying out their activity on the territory of the
Republic of Kazakhstan.
In the Law "On banks and banking" additions have been made regarding the affiliates of
banks, particularly, the order and peculiarities of licence issue for their opening, as well as
commitments of affiliates.  As well, amendments have been introduced regarding the banks' affiliated
persons: order of granting concent to acquisition of a status of major participant, enforcement
measures with respect to affiliated persons, drawing up of accounting.
Signs of unstable financial standing of an applicant upon acquisition of a status of a major
participant and legal persons, seeking the status of banking holding, have been specified.  Additional
terms of banking transactions, composition of prudential standards have been inserted.WT/ACC/KAZ/34/Rev.1
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With the view of ensuring of creditors' interests and taking decisions with their involvement
in the procedures of voluntary and forced liquidation of banks, an establishment of a committee of
liquidated banks' creditors is stipulated by the law.
In the Law "On mass media" there have been made amendments in the used in the law main
concepts; order of registration and withdrawal from the records; mass media dissemination, official
reports transfer; commitments of a journalist, activities of foreign mass media representatives in theRepublic of Kazakhstan; responsibility grounds for violation of mass media legislation.
The Law "On tourist activity in the Republic of Kazakhstan" stipulates legal, economic,
social, organizational basis of tourist activity.  Kinds of provided services, forms of tourism, purposes,
priority areas and forms of state regulation of tourist activity were given.
The Law "On legal protection of layout design of integrated microcircuits" regulates property,
as well as related to them personal non-property relations, arising in connection with creation, legal
protection and use of topology, i.e. terms of lega l protection of topologies, recognition of topology
authorship, expiry date and protection of exclusive right to topology, as well as rights of foreigners,
foreign legal persons and persons without citizenship.
Code "On taxes and other compulsory payments to the budget" regulates state relations upon
establishing, introduction and order of calculation and payment of taxes and other compulsory
payments to the budget, as well as relations between state and tax payer, related to 
exercution of tax
commitments.
New concepts "corporative income tax" and "individual income tax" have been introduced.
Wording of all basic concepts, used in Tax Code, is given.  The procedure of application of ways of
ensuring of execution of non-executed timely tax commitment and measures of taxation debt forced
collection have been stipulated, the order of carrying out tax inspection, taxation of natural and legalpersons – non-residents, their registration has been established.
A new measure of taxation debt forced collection has been introduced – forced issue of
additional shares emission.  The institute of representation, stipulating establishment of two kinds of
representations: legal representation and representation via authorised persons has been introduced to
the taxation legislation for the first time..
Tax Code establishes as well an order of carrying out an offset and return of extra paid tax
sums and other compulsory payments to the budget on fines and penalties, whereas the law effective
before stipulated carrying out offsets only on taxes.
Amendments and additions have been inserted in the Tax Code of the Republic of Kazakhstan
in the context of VAT exemption, taxation of goods, sold to the territory of special economic zone"Astana is a new city", land tax exemption.
Amendments have been made as well in the Law of the Republic of Kazakhstan "On customs
in the Republic of Kazakhstan" concerning appointment of customs procedures of free tax zone and
free warehouse, peculiarities of customs regulation on the territory of special economic zone "Astana
is a new city".
Clarifications referred to the rules of exchange trade in securities and self-regulated
organization have been inserted in the Law "On securities market".
Amendments and additions have been introduced in the Law "On certification" referred to the
rights and commitments of a state body on standardization, metrology and certification; kinds ofWT/ACC/KAZ/34/Rev.1
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certification of products, processes, works, services; requirements, meeting products security; order of
adoption of a declaration on conformity required for confirmation of products conformity.
Amendments in the Civil Code of the Republic of Kazakhstan have been introduced by the
Law in the context of priority of meeting of creditors' requirements, including compensation on
copyrights.
The Law "On architectural, town-planning and construction activity in the Republic of
Kazakhstan" regulates relations, arising between state bodies, natural and legal persons in the process
of carrying out architectural, town-planning and construction activity in the Republic of Kazakhstan
and targeted for formation of full value inhabitancy and vital activity of a human being, stable
development of settlements and territories, located beyond their bounds.
Amendments and additions in the Law "On livestock breeding" are targeted for preservation
and increase of gene pool of breeding animals, as well as reproduction and improvement of their
production qualities.
The Law regulates activities of state bodies, natural and legal persons involved in livestock
breeding.
In the Decree in force "On use of airspace and activity of aviation of the Republic of
Kazakhstan" additions have been made in the ma in specifications of the Decree; in the list of
violations of the order of use of airspace of the Republic of Kazakhstan and into the measures, appliedto the aircraft- infringer of the border.  Certification and order of carrying out of the works on
certification of aviation technique, works and services in civil aviation, an order of carrying out
airport activity have been introduced.
The Law "On state regulation of civil aviation" establishes legal and organizational
fundamentals of state regulation of natural and legal persons' activity in the area of civil aviation ofthe Republic of Kazakhstan.  Authorities of the Government of the Republic of Kazakhstan and
competence of an authorized body in state regulation of civil aviation, air companies and air routes,
order of licensing, certification, audit, authorization for right to use aviation technique, aerodromes,
airports have been specified.
Amendments have been introduced in the Law "On communication" on use of radio-
frequency spectrum and orbital positions of communication satellites, order of this activity licensing.
The Law "On railway transport" regulates relations between carriers, organizations of railway
transport, state bodies, passengers, senders, receivers, consignors, consignees, other natural and legal
persons while carrying out transportation of passengers, baggage, cargo, cargo baggage, and mail by
railway transport.
The Law "On merchant shipping" specifies legal, organizational, economic and international
fundamentals of state management in merchant shipping and regulates relations, related to
transportation of passengers, baggage and cargo, guarantee of safety on maritime transport and
environmental protection.
Additions have been introduced in the terminol ogy of the Law "On plants quarantine" as well
as regarding the competence of an authorized body and bodies of local state management.
Amendments have been made in state system of plants quarantine provision, bodies carrying out stateregulation in this area, rights of state inspectors on plants quarantine, rights to import and export of
quarantinable products, responsibility for violation of legislation on plants quarantine.WT/ACC/KAZ/34/Rev.1
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The Law "On atmospheric air protection" specifies legal, economic and social fundamentals
of atmospheric air protection and targeted for ensuring of ecological safety of the Republic of
Kazakhstan and realization of rights of citizens to favorable for life and health environment and true
information about its state.
The Law "On state procurements" regulates rela tions arising in the process of procurements
of goods, works and services by state bodies, state institutions, state enterprises, as well asshareholders societies, controlling block of shares of which belongs to the state and affiliated with
them legal persons.
The Law "On franchising" regulates relations referred to complex entrepreneur's licence
application and targeted for development and support of franchising.  The Law specifies the content
of a contract on complex entrepreneur's licence, rights and duties of subjects of franchising relations
as well as the role of state bodies in development and support of complex entrepreneur's licence in the
Republic of Kazakhstan.
Under this Law the Decree of the President of the Republic of Kazakhstan in force "On
accounting" has been renamed into the "Law of th e Republic of Kazakhstan "On accounting and
financial accounting".
Amendments have been made in state regulation of the accounting and financial accounting
system; accounting standards and the model pattern of accounting records; system of accounting,accounting documents and internal control; assessment and financial accounting elements records.
Additions have been introduced with regard to international standards of financial accounting
in the Republic of Kazakhstan, principles and main quality characteristics of accounting and financial
accounting, accounting documents, consolidated financial accounting.
The Law "On plants protection" stipulates legal, economic and organization fundamentals of
carrying out plant protection from pests, weeds and plants diseases and targeted for preservation of
yield, its quality and prevention of harmful impact on the people's health and environment.
The Law "On veterinary" determines the normative, economic and organizational bases of
realization of activity in veterinary, maintenance of veterinary-sanitary well-being, safety of products
and raw material of an animal origin, other objects of veterinary supervision, and also is directed onthe protection of the population against general illnesses for animals and human being.
Moreover, the Head of the Republic of Kazakhstan signed the relevant Laws of the Republic
of Kazakhstan confirming joining of Kazakhstan to  the following international contracts, agreements
in the area of intellectual property protection:
− "On ratification of an Agreement on preventive measures and measure for putting an end
of false trademarks and geographical indications use";
− "On ratification of an Agreement on mutual guarantee of interstate secrets security in
legal protection of inventions";
− "On accession of the Republic of Kazakhstan to the European Agreement on international
road traffic of dangerous cargo";
− "On ratification of an Agreement on cooperation on putting an end of offences in the area
of intellectual property";
− "On accession of the Republic of Kazakhstan to the Strasbourg Agreement Concerning
the International Patent Classification ";WT/ACC/KAZ/34/Rev.1
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− "On accession of the Republic of Kazakhstan to the Nice Agreement Concerning the
International Classification of Goods and Services for Purposes of the Registration of
Marks;
− "On accession of the Republic of Kazakhstan  to Budapest Agreement on International
Recognition of Micro-organisms Deposit for Patent Procedures ";
− "On accession of the Republic of Kazakhstan to the Locarno Agreement Establishing an
International Classification for Industrial Designs ";
− "On accession of the Republic of Kazakhstan to the Treaty on laws on trademarks";
− "On accession of the Republic of Kazakhstan to European Agreement on the most
important lines of international combined transportations and corresponding objects";
− "On accession of the Republic of Kazakhstan to the International convention on
coordination of terms of cargo control exercising on the border"; and
− "On accession of the Republic of Kazakhstan to Customs convention, referred to
containers, 1972".
Plans for the current year
Currently draft laws of the Republic of Kazakhstan "On investments", "On mail", "Custom
Code", "On advertising", " Оn seed growing", "Forest Code", "On sanitary-and-epidemiological safety
of population" and etc. are under consideration in Majilis (lower chamber) of the Parliament of theRepublic of Kazakhstan.
Moreover, a number of draft laws: "On commercial secret", "On education", "On regulation
of trade activity", "On maritime transport", "On advertising" are in the appropriate ministries under
finalization (see synoptic table).WT/ACC/KAZ/34/Rev.1
Page 8Synoptic Table on Legislation of the Republic of Kazakhstan for 2002
Draft of law Relevant WTO Agreements Contents of LawExpected date of draft
submission to the
Parliament of the Republic
of Kazakhstan
The Law "On the electronic document and the
electronic digital signature"General Agreement on Trade in Services The Law establishes the legal grounds for use of electronic
documents being formed with electronic digital signatures
use, specifies basic demands, placed on electronic documentand electronic digital signature, as well as rights,commitments and responsibilities of participants of legal
relations, arising in the area of electronic documents
circulation.The Draft has been
submitted to the Parliament
in June 2002
Forest Code Agreement on Agriculture General Agreement
on Trade in ServicesThe Law establishes legal grounds for protection,
reproduction, raising of ecological and resource potential of
forests, their effective use.The Draft has been
submitted to the Parliament
in June 2002
The Law "On amendments and additions in
some acts of lawyer activity"General Agreement on Trade in Services The main goal of the Law is promotion to procedural status
of lawyers in judicial proceedings and creation of equitable
possibilities for protection along with judgement in the causeof ensuring of competitiveness in exercising justice.The Draft has been
submitted to the Parliament
in June 2002
The Law "On amendments and additions in
some acts of notary"General Agreement on Trade in Services The Law stipulates to set up additional qualification
requirements for persons who wish to work as notaries; low
limit of payment for notary actions committing; to insertspecification in the judicial authorities' and notary chambers'functions.The Draft has been
submitted to the Parliament
in June 2002
The Law "On advertising" General Agreement on Trade in Services
Agreement on Trade-Related Aspects ofIntellectual Property RightsThe Law established general and special demands to
advertising, terms of its  production, disposition,
dissemination and use, grounds and terms of responsibility
for improper advertising, characteristic features of
advertising of some kinds of products, financial, insurance,investment services and securities.The Draft has been
submitted to the Parliamentin July 2002
The Law "On amendments and additions to theLaw of the Republic of Kazakhstan "On naturalmonopolies"General Agreement on Tariffs and Trade 1994
General Agreement on Trade in ServicesThe Draft Law supposes the expansion of application of the
Law and the specification of separate norms in order toprevent their dual interpretation.It is in the Senate of
Parliament of the Republicof Kazakhstan.
The Law "On amendments and additions insome acts of the Republic of Kazakhstan inconnection with coming into force of the Lawof the Republic of Kazakhstan "On
architectural, town-planning and construction
activity in the Republic of Kazakhstan"General Agreement on Trade in Services The Law stipulates carrying out a documentation analysis
and determination of investments efficiency, qualityassessment of projects by identification of their conformity,either unconformity with terms and requirements of state
standards.The draft will be submitted
to the Parliament in October2002
The Law "On amendments and additions to the
Law of the Republic of Kazakhstan "On
licensing"General Agreement on Trade in Services The Law stipulates insertion in the lists of kinds of enterprise
activities, subject to licensing, activities on manufacture of
State Flag and State Emblem of the Republic of Kazakhstan,manufacture of material objects with their images as well asany kind of reproduction of them in material form.The draft will be submitted
to the Parliament in October
2002WT/ACC/KAZ/34/Rev.1
Page 9Draft of law Relevant WTO Agreements Contents of LawExpected date of draft
submission to the
Parliament of the Republic
of Kazakhstan
The Law "On obligatory ecological insurance" Agreement on Sanitary and Phytosanitary
Measures
General Agreement on Trade in Services
General Agreement on Tariffs and Trade 1994The Law presumes to fix the mechanism of compulsory
insurance of civil and legal responsibility of legal and natural
person for guaranteed compensation for caused injury (harm)to the environment as a result of emergency pollution, as wellas guaranteed availability of financial resources of the
insured, required for carrying out of work for restoration and
environmental recultivation after its pollution.The draft will be submitted
to the Parliament in
September 2002
The Law "On State regulation of manufacture
and turnover of tobacco products"General Agreement on Tariffs and Trade 1994
Agreement on Sanitary and Phytosanitary
MeasuresThe Law is targeted for ensuring of human health protection
by state control over the quality of produced and imported
tobacco articles to the territory of the Re public of Kazakhstan
as well as completeness of excises' receipt to the budget fromproduction and turnover of tobacco articles.The draft will be submitted
to the Parliament in
September 2002
The Law "On amendments and additions insome acts of the Republic of Kazakhstan onstandardization and certification matters"Agreement on Technical Barriers to Trade The main purpose of the Law is creation of conditions for
transition of the Republic of Kazakhstan to internationalpractice of works in the area of standardization, certification
and quality control. Moreover, the alterations referred to
exercising state inspection, registration of consulting firms,providing services in this area.The draft will be submitted
to the Parliament inSeptember 2002
The Law "On amendments and additions to the
Law of the Republic of Kazakhstan "On
competition and restriction of monopolisticactivity"General Agreement on Trade in Services
General Agreement on Tariffs and Trade 1994The Law stipulates to assign the control over the activity of
incorporations of commercial organization (unions and
associations), carrying out coordination of enterpriseactivities of commercial organizations, which results on mayresult in limitation of competitiveness, to extend kinds of
abuses of market subjects, occupying the dominant position.The draft will be submitted
to the Parliament in
November 2002
The Law "On amendments and additions in theWater Code of the Republic of Kazakhstan"General Agreement on Trade in Services The Law regulates water relations, conducts state water
policy, determines main principles of use and water
protection, ensures the legal ground for promotion and
development of stable water use, management of relations inthe area of study of investigation of effective and complexuse and water resources protection and aquicultural
constructions.The draft will be submitted
to the Parliament in
November 2002
The Law "On obligatory insurance of the civil-
law responsibility of tour operators and travel
agents under the contract on rendering of the
tourist services"General Agreement on Trade in Services The Law regulates public relations arising in the process of
compulsory insurance of civil and legal responsibility of tour
operators and tour agents according to the contract of
providing tour services with a view of ensuring of propertyinterests of the third persons protection, to life, health orproperty of which it was caused a damage as a result of
carrying out by tour agents and tour operators of their
professional activity.The draft will be submitted
to the Parliament in
November 2002WT/ACC/KAZ/34/Rev.1
Page 10 Draft of law Relevant WTO Agreements Contents of LawExpected date of draft
submission to the
Parliament of the Republic
of Kazakhstan
The Law "On securities market" General Agreement on Trade in Services The Law includes standards directed at further improvement
of securities market state regulation and legal relations
arising in the process of issue, disposition, circulation andissuing securities repayment, derivative securities and otherfinancial instruments, being the objects of transactions,
effected with securities market subjects involvement. As well
the list of financial instruments has been extended.The draft will be submitted
to the Parliament in
December 2002
The Law "On regulation of trading activity" General Agreement on Tariffs and Trade 1994
Agreement on Trade-Related Investment
Measures
Agreement on Technical Barriers to TradeThe Law stipulates to carry out trade activity state regulation,
establishes the competence of state bodies, regulating trade
activity, specifies kinds, objects and ways of trade regulation.The draft will be submitted
to the Parliament in
December 2002
The Law "On protection of the rights ofconsumers"General Agreement on Tariffs and Trade 1994
General Agreement on Trade in ServicesThe Law regulates relations arising between consumers and
buyers (producers, executives) in case of making a
procurement or upon intent to buy goods (services, works).
Establishes the rights of consumers and these rightsprotection, specifies a mechanism of their sale.The draft will be submitted
to the Parliament in
December 2002
The Law "On amendments and additions "OnCopyright and Neighboring Rights"Agreement on Trade-Related Aspects of
Intellectual Property RightsIt is presumed by the Law to introduce provision on
retroactivity of works protection, on necessity of compulsory
registration of license and sublicense agreements as well asnecessity of specification of calculation order and setting upof fixed minimum rate of royalties.The draft will be submitted
to the Parliament in
December 2002
On amendments and additions in some acts ofthe Republic of Kazakhstan concerning thebank activity, currency regulation and the
currency controlGeneral Agreement on Trade in Services
General Agreement on Tariffs and Trade 1994The basic purpose of the Law is the realization of actions of
the first stage of currency regime liberalization and increaseof efficiency of the currency control.The draft will be submitted
to the Parliament inDecember 2002
On obligatory insurance of the civil-lawresponsibility of the owners of transport
vehicles.General Agreement on Trade in Services The basic purpose of the Law is the ensuring the protection
of legitimate interests of traffic participants (citizens and
organizations) that (is caused to a life, health and property) as
a result of road and transport incidents and other eventsconnected with exploitation of a vehicle as a source ofincreased danger.
The Law provides the number of innovations concerning the
organization of the given type of insurance in a view of theinternational practice and also is focused on the decision ofavailable actual problems of insurance of the responsibility of
the owners vehicles.The draft will be submitted
to the Parliament in
September 2002WT/ACC/KAZ/34/Rev.1
Page 11Draft of law Relevant WTO Agreements Contents of LawExpected date of draft
submission to the
Parliament of the Republic
of Kazakhstan
On obligatory insurance of the civil-law
responsibility of the carrier in the f ace of
passengersGeneral Agreement on Trade in Services The basic purpose of the Law is maintenance of the
protection of legitimate interests of the citizens using services
of public transport, and carriers, and also increase ofstandards of insurance in this sphere.The Law provides the expansion of the circle of persons,
recognized insurance - offer to capture obligatory insurance
also the autocarriers which are carrying out transportation ofpassengers on intercity and interdistrict routes (obligatoryinsurance of their responsibility only on interregional routes
now is stipulated)The draft will be submitted
to the Parliament in
September 2002
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