On gambling industry

Updated Unofficial translation

The Law of the Republic of Kazakhstan dated January 12, 2007 No. 219.

      Unofficial translation
      Footnote. The words “by the organizer of gambling establishment”, “to the organizer of gambling establishment”, “the organizer of gambling establishment”, “by the organizers of gambling establishments”, “the organizer of gambling establishment” “the Organizer of gambling establishment”, shall be replaced in the text by the words “by the organizer of gambling industry”, “to the organizer of gambling industry”, “the organizer of gambling industry”, “by the organizers of gambling industry”, “the organizer of gambling industry”, “the Organizer of gambling industry” by the Law of the Republic of Kazakhstan dated 04.05.2009 No. 157-IV (the order of enforcement see. Art. 2).

      This Law regulates the social relations, associated with the activity in the field of gambling industry.

Article 1. The basic definitions, used in this Law

      The following basic definitions are used in this Law:

      1) hardware and software is a set of the program and technical means providing information processes;

      2) betting – a risk-based agreement, entered into between the participants or with the organizer of gambling industry, on the outcome of events, involving win, where they do not participate;

      2-1) the equipment for the organization and carrying out a bet is the devices used for the organization and carrying out a bet, allowing participants of a bet to observe development and an outcome of an event on which result they were relied by them;

      3) bookmaker - the gambling establishment, where a bet is concluded on a voluntary basis between the organizer of gambling industry and the participants;

      4) legitimizing signs - chips, tokens of the specific denomination, replacing cash, realized through cashiers of gambling establishment and used in gambling establishments to participate in gambling;

      4-1) Internet casino is the Internet resource realizing a possibility of the organization and carrying out gamblings in real time by means of the Internet and (or) electronic money and providing receipt of a prize;

      5) casino – a gambling establishment, where game tables are used to organize and conduct gambling;

      6) cashier of casino or game machine hall – a place in the gambling establishment, specially equipped by organizer of gambling industry, where the services for changing (exchanging) of cash on the legitimizing signs and the legitimation signs for cash shall be provided;

      7) gambling – a risk-based agreement, entered into between the participants themselves or with the organizer of gambling industry, on the outcome of events, involving win, where they participate;

      7-1) gambler and (or) participant of betting - an individual that participates in a gambling and (or) betting;

      8) mandatory reserves - money belonging to the organizer of gambling industry or the applicant on the right of ownership, including those obtained on credit and placed in banks in the Republic of Kazakhstan on the basis of the bank deposit agreement on the terms of the issuance of deposits upon demand (demand deposit) and used by him (her) in accordance with the requirements established by this Law;

      9) the gaming machine is the gambling equipment (mechanical, electric, electronic or other technical equipment) used for carrying out gamblings which prize is determined in a random way by the device which is in the case of such gambling equipment without participation of the organizer of a gaming or its workers;

      10) game machine hall – a gambling establishment, where only game machines are used to organize and conduct of gambling;

      11) gambling industry - entrepreneurial activities, related to the organization and conduct of gambling and (or) betting;

      12) the organizer of gambling industry – a legal entity, carrying out the organization and conduct of gambling and (or) betting in accordance with the requirements, established by the legislation of the Republic of Kazakhstan;

      13) the authorized body in the field of gambling (hereinafter - the authorized body) - a state body, determined by the Government of the Republic of Kazakhstan, enforcing the state policy and control in the gambling industry;

      14) the gambling equipment is the devices or equipments intended and used for carrying out gamblings;

      15) gambling establishment - building, room, construction, where in accordance with the requirements established by this Law, gambling and (or) betting which entail winning are conducted;

      16) gaming table - gaming equipment, used to conduct gambling involving a player (s) and one representative of the casino;

      17) excluded by the Law of the Republic of Kazakhstan from 24.04.2015 No. 310-V (shall be enforced after twenty one calendar days after day of its first official publication);

      17-1) the applicant - a legal entity, applying to the authorized body for issuance of a license to engage in activities in the gambling industry in the Republic of Kazakhstan;

      17-2) bets - the amount of money, transferred by participant of gambling and (or) betting to the organizer of gambling, and is the main condition of participation in gambling and (or) betting in accordance with the rules, established by the organizer of gambling;

      18) betting house - gambling establishment, where a bet between the participants with the mediation of the organizer of gambling is concluded;

      19) cash desk of a totalizator or bookmaker office is the place where are performed acceptance of rates on a bet, payment of a prize for it;

      19-1) electronic cashier of betting house or bookmaker - information system, through which the receipt (accounting) of rates and payouts are made with the use of information and communication networks;

      20) is excluded by the Law of the Republic of Kazakhstan dated 04.05.2009 No. 157-IV (the order of enforcement see Art. 2);

      21) a prize is the property benefit which is subject to obligatory payment to the participant of gambling and (or) a bet in case of approach of result of gambling and (or) the bet provided by the rules established by the organizer of a gaming;

      22) an electronic casino is the institution using the hardware and software and (or) an Internet resource, realizing a possibility of the organization and carrying out gamblings in real time by means of the Internet and (or) electronic money and providing receipt of a prize.

      Footnote. Article 1, as amended by the Laws of the Republic of Kazakhstan dated 04.05.2009 No. 157-IV (the order of enforcement see Art. 2); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); from 24.04.2015 No. 310-V (shall be enforced after twenty one calendar days after day of its first official publication).

Article 2. Legislation of the Republic of Kazakhstan on gambling industry

      1. Legislation of the Republic of Kazakhstan on gambling industry is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

      2. If an international treaty ratified by the Republic of Kazakhstan provides rules other than those contained in this Law, the rules of the international treaty shall apply.

Article 2. Legislation of the Republic of Kazakhstan on gambling industry

      1. Legislation of the Republic of Kazakhstan on gambling industry is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

      2. If an international treaty ratified by the Republic of Kazakhstan provides rules other than those contained in this Law, the rules of the international treaty shall apply.

Article 3. Scope of the Law

      1. This Law regulates the legal relations:

      1) associated with the peculiarities of the legal status and activities of the organizers of gambling industry;

      2) arising between the organizer of gambling industry and common participants of gambling and (or) betting during the game and (or) betting;

      3) arising between the organizer of gambling industry and by the authorized body.

      2. This Law shall not apply to the organization and lottery conducting, as well as activities related to the provision of services with the use of game machines without a win, conducting of sports events, including bowling (skittle alley), karting, billiards.

      Footnote. Article 3, as amended by the Law of the Republic of Kazakhstan dated 04.05.2009 No. 157-IV (the order of enforcement see Art. 2).

Article 4. Basic principles of carrying out activities in the field of gambling industry

      The basic principles of carrying out activities in the field of gambling industry are:

      1) protection of the rights and legitimate interests of participants of gambling industry;

      2) ensuring the legality of its activities by the organizers of gambling industry.

Article 5. State regulation in the field of gambling industry

      1. State regulation of activities and control in the gambling industry of the Republic of Kazakhstan shall be exercised by the President of Republic of Kazakhstan, the Government of the Republic of Kazakhstan, the authorized body and other state bodies within their competence.

      2. The forms of state regulation of activities in the field of gambling industry are:

      1) determination of the order of carrying out activities in the field of gambling industry;

      2) implementation of the licensing of activities in the field of gambling industry in the Republic of Kazakhstan;

      3) implementation of state control over the activities in the field of gambling industry.

      Footnote. Article 5, as amended by the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).

Article 6. Types of activities in the field of gambling industry

      1. The following types of activities are carried out in the Republic of Kazakhstan in the field of gambling industry:

      1) casino;

      2) game machine hall;

      3) bookmaker;

      4) betting house.

      2. Withinthe territory of the Republic of Kazakhstan shall be prohibited:

      1) carrying out the types of activities in the field of gambling industry, not provided by paragraph 1 of this Article;;

      2) activities of electronic casino and Internet casino;

      3) the organization and carrying out the gamblings and (or) a bet providing acceptance of rates and (or) issue of a prize in the form of other property except money, except for activities of casino where issue of a prize in the form of other property shall allowed;

      4) installation and using of the gambling equipment in the entrepreneurial purposes, except for places, provided by paragraph 1 of article 11 of this Law;

      5) betting, acceptance (accounting) of rates, payment of a prize out of gambling institutions (cash desks of totalizators or bookmaker offices);

      6) betting, acceptance (accounting) of rates, payment of a prize by the persons which are not the organizers of a gaming performing activities of a totalizator or bookmaker office.

      Footnote. Article 6, as amended by the Law of the Republic of Kazakhstan dated 04.05.2009 No. 157-IV (the order of enforcement see Art. 2); from 24.04.2015 No. 310-V (shall be enforced after twenty one calendar days after day of its first official publication).

Article 7. Competence of the Government of the Republic of Kazakhstan

      The Government of the Republic of Kazakhstan shall develop the main directions of the state policy in the field of gambling industry, as well as perform other functions, assigned to it by the Constitution, the Laws of the Republic of Kazakhstan and the acts of the President of the Republic of Kazakhstan.

      Footnote. Article 7 is in the wording of the Law of the Republic of Kazakhstan dated 04.05.2009 No. 157-IV (the order of enforcement see Art. 2); as amended by the Laws of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 8. Competence of the authorized body and other state bodies

      1. The authorized body shall:

      1) implement the state policy in the field of gambling industry;

      2) monitor the compliance of the organizers of gambling industry with the legislation of the Republic of Kazakhstan on gambling industry, as well as compliance with the legislation of the Republic of Kazakhstan concerning counteraction to legalization (laundering) of proceeds from crime and financing of terrorism;

      3) is excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      4) develop and approve a list and forms of documents, proving the compliance of the organizer of gambling industry with the qualification requirements set forth in Article 13 of this Law;

      5) issue a license to engage in activities in the field of gambling industry in the Republic of Kazakhstan;

      6) maintain an electronic register of the licensor;

      7) excluded by the Law of the Republic of Kazakhstan from 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);

      7-1) performs collection and the analysis of the reporting represented by the organizer of a gaming;

      7-2) develops and approves a form of submission of the reporting of the organizer of a gaming, the rule of implementation of collection and the analysis of the reporting represented by the organizer of a gaming;

      7-3) carries out systematic collection of information and the analysis of Internet resources regarding existence of Internet casino sings as it should be defined by it

      7-4) keeps the register of cash desks of totalizators and bookmaker offices;

      8) perform other functions under this Law, other laws of the Republic of Kazakhstan, the acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      2. Other state bodies shall carry out state regulation of activities in the field of gambling industry within their competence, established by the legislative acts of the Republic of Kazakhstan.

      Footnote. Article 8, as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 No. 188 (the order of enforcement see Art. 2); dated 28.08.2009 No. 192-IV (shall be enforced from 08.03.2010); dated 19.03.2010 No. 258-IV; dated 15.07.2010 No. 337-IV (the order of enforcement see Art. 2); dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.06.2014 No. 206-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); from 29.12.2014 No. 269-V (shall be enforced from 01.01.2015); from 24.04.2015 No. 310-V (shall be enforced after twenty one calendar days after day of its first official publication).

Article 9. Licensing of the activities in the field of gambling industry

      1. Licensing of the activities in the field of gambling industry shall be carried out in accordance with this Law and the legislation of the Republic of Kazakhstan on permits and notifications.

      2. Activities in the field of gambling industry shall be carried out based on the licenses issued to the applicant, for each gambling establishment for a period of ten years.

      3. The size, an order of calculation and payment of the license fee, a payment for use of licenses for occupation of separate types of activity shall be determined by the Code of the Republic of Kazakhstan “About taxes and other obligatory payments in the budget” (Tax code).

      4. Data on the licenses shall be entered into the electronic register of the licensor.

      Footnote. Article 9, as amended by the Laws of the Republic of Kazakhstan dated 04.05.2009 No. 157-IV (the order of enforcement see Art. 2); dated 15.07.2010 No. 337-IV (the order of enforcement see Art. 2); dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after the date of its first official publication); from 25.12.2017 No. 122-VI (shall be enforced from 01.01.2018).

Article 10. Taxation of the organizers of gambling industry and winnings

      Taxation of the organizers of gambling industry and winnings shall be carried out in accordance with the tax legislation of the Republic of Kazakhstan.

Article 11. Location area of gambling establishments

      1 Casinos and game machine halls are subject to placement in the Almaty region on the coast of Kapshagai reservoir and Shchuchyn district of Akmola region within the territory, defined by the local executive bodies.

      2. Placement of casinos and game machine halls in the territory of the Republic of Kazakhstan, with the exception of the territories, referred to in paragraph 1 of this Article shall be prohibited.

      3. Gambling institutions, cash desks of a totalizator or bookmaker office shall be located in non-residential premises. Their placement in non-residential premises of apartment houses (residential buildings), buildings of industrial enterprises and their complexes and other production, municipal and warehouse objects, cult buildings (constructions), buildings of state bodies and organizations, organizations of education, health care, culture, the airports, stations, at stations and stops of all types of a public transport of the city and suburban message is forbidden.

      4. Provision of the building, room or construction for opening of obviously illegal gambling institution or the organization of a gaming and also provision of the gambling equipment, equipment for the organization and carrying out a bet for implementation (organization) of obviously illegal gaming are forbidden.


      Footnote. Article 11, as amended by the Laws of the Republic of Kazakhstan dated 04.05.2009 No. 157-IV (the order of enforcement see Art. 2); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication); from 24.04.2015 No. 310-V (an order of enforcement see Art. 2).

Article 12. General requirements to carry out activities in the field of gambling industry

      1. In one casino at least thirty game tables shall be established.

      2. In the slot machine hall at least sixty gaming machines shall be established.

      3. Each gaming machine shall conform to the requirements established concerning the corresponding gambling equipment by the legislation of the Republic of Kazakhstan in the field of technical regulation.

      4. Payment of winnings to participants of gambling and (or) betting shall be made by the organizer of gambling industry on the basis of the presented identity document, in the amount and timing that are provided by the rules of ongoing gambling and (or) betting, but not later than three calendar days from the date of summing the results of this gambling and (or) betting.

      5. Installation of game machines or their parts in walls, windows and doors in the casino and in game machine halls are prohibited.

      6. The prize percent which is technologically pledged in the gaming machine shall not be lower than ninety five percent.

      7. Cashiers and gaming space of gambling establishments must be equipped with a video recording system that stores the recorded information for at least seven days, and fixing the actions of all members of gambling and (or) betting.

      8. In case of insufficient of cash on hand or on the account of the organizer of gambling industry to pay the winning to the participant of gambling and (or) betting, the organizer of gambling is obliged to use the mandatory reserves for the remaining amount, taking into account the provisions laid down in Article 14 of this Law.

      9. The organizer of a gaming performing activities of bookmaker office or a totalizator is obliged by means of the hardware and software and the equipment for the organization and carrying out a bet to perform and provide acceptance, single accounting of total amount relied, handling of rates of participants of a bet and payment of a prize.

      10. The organizer of gambling industry, carrying out the activities of bookmaker, determines independently events, the outcome of which shall be a bet.

      11. The organizer of a gaming performing activities of a totalizator is obliged to install the equipment for the organization and carrying out a bet.

      12. The organizer of gambling industry, carrying out the activities of bookmaker or betting house shall accept bets through the appropriate cashiers of betting houses or bookmaker, and (or) electronic cashiers of betting houses or bookmaker.

      13. The organizers of gambling industry shall comply with the requirements, established by the legislation of the Republic of Kazakhstan concerning counteraction to legalization (laundering) of proceeds from crime and terrorist financing.

      14. The organizer of a gaming performing activities of bookmaker office accepts rates based on the coefficients calculated by the hardware and software and only on the forthcoming real events.

      15. Bookmaker offices shall be equipped with the hardware and software.

      16. Organizer of a gambling business can not act (directly and (or) indirectly to own, use, dispose and manage shares (shares in the authorized capital) the legal entity):

      1) the legal personality, the founder or the participant of which is the person having not removed or unspent conviction for the committed crime in the sphere of economic activity or for intentional crimes of average weight, serious crimes, especially serious crimes;

      2) the legal personality, the founder or the participant of which is the person which was the founder or the participant of the legal personality having tax debt or declared bankrupt.

      17. The person specified in the subparagraph 1) of point 16 of this article can't be appointed to an executive position in a gambling institution.

      Footnote. Article 12, as amended by the Laws of the Republic of Kazakhstan dated 04.05.2009 No. 157-IV (the order of enforcement see Art. 2); dated 28.08.2009 No. 192-IV (shall be enforced from 08.03.2010); dated 26.11.2010 No. 356-IV (shall be enforced from 01.01.2011); dated 10.06.2014 No. 206-V (shall be enforced upon expiry of ten calendar days after its first official publication); from 24.04.2015 No. 310-V (an order of enforcement see Art. 2).

Article 12-1. Hardware and software of bookmaker office

      1. The server of the hardware and software shall be provided with the fiscal mode of the cash register which is the computer system included in the state register of cash registers according to the Code of the Republic of Kazakhstan “About taxes and other obligatory payments in the budget” (Tax code). The server of the hardware and software shall be in the territory of the Republic of Kazakhstan.

      2. The organizer of a gaming performing activities of bookmaker office shall perfrom by means of the hardware and software calculation of coefficients of prizes on bet outcome options, accounting of the accepted rates, calculation of prizes by results of a bet, accounting of prizes and payments for them.

      3. The hardware and software shall provide interaction with cash desks of bookmaker offices and perform collection and provision of information allowing authorized body to exercise control of a compliance with law of the Republic of Kazakhstan about counteraction of legalization (laundering) of income gained in the criminal way and to terrorism financing.

      Footnote. The law is supplemented with article 12-1 in compliance the Law of the Republic of Kazakhstan from 24.04.2015 No. 310-V (shall be enforced after six months after day of its first official publication).

Article 13. Qualification requirements to applicants for licenses

      1. The applicants for a license shall meet the following qualification requirements:

      1) for implementation of activities of a totalizator or bookmaker office availability of the building (a part of the building, a structure, a construction) on the property right meeting the sanitary and epidemiologic, fire protection standards established by the legislation of the Republic of Kazakhstan;

      1-1) for implementation of activities of casino availability of the building (a part of the building, a structure, a construction) on the property right or other legal cause in hotel of category isn't lower than three stars, meeting the sanitary and epidemiologic and fire protection standards established by the legislation of the Republic of Kazakhstan;

      1-2) for implementation of activities of the slot machine hall availability of the building (a part of the building, a structure, a construction) on the property right or other legal cause meeting the sanitary and epidemiologic and fire protection standards established by the legislation of the Republic of Kazakhstan;

      2) for implementation of activities of casino and the slot machine hall availability of the gambling equipment on the property right;

      2-1) for implementation of activities of bookmaker office and a totalizator availability of the equipment for the organization and carrying out a bet on the property right;

      3) the presence of contracts with individuals or legal entities that received in accordance with legislation of the Republic of Kazakhstan a license to conduct security activities;

      4) availability of developed rules of work of a gambling institution, acceptance of rates and the held gamblings and (or) a bet in the Kazakh and Russian languages;

      5) for implementation of activities of casino and the slot machine hall availability of samples and nominations of the signs applied the legitimative in the Kazakh and Russian languages;

      6) presence at the applicant of providing on each gambling institution in the form of the required reserves determined by this Law (in the monthly settlement indicators established by the law on the republican budget), for implementation of the following types of activity in the sphere of a gaming:

      casino and slot machine halls – in the amount of 60 000;

      bookmaker offices – in the amount of 40 000;

      totalizators – in the amount of 10 000.

      2. For each license to engage in activities in the field of gambling industry in the Republic of Kazakhstan, the applicant shall submit to the authorized body (the licensor) the documents, confirming its compliance with the requirements of this Law.

      Footnote. Article 13 is in the wording of the Law of the Republic of Kazakhstan dated 04.05.2009 No. 157-IV (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after its first official publication); from 24.04.2015 No. 310-V (an order of enforcement see Art. 2).

Article 14. Mandatory reserves

      1. Mandatory reserves shall be formed by applicants, applying for a license for the right to engage in activities in the field of gambling industry, in the amounts established by this Law for each type of activity at each gambling establishment and shall be placed in banks in the Republic of Kazakhstan under the terms of the deposit under the contract, concluded by the bank with the client, under the condition of issuance of deposits upon demand (demand deposit).

      2. The organizer of a gaming is obliged to provide on a fixed basis placement of required reserves in an order and on the conditions established by this Law.

      3. Is excluded by the Law of the Republic of Kazakhstan dated 04.05.2009 No. 157-IV (the order of enforcement see Art. 2).

      4. Mandatory reserves may be used exclusively for the purpose of fulfillment of the obligations of the organizer of gambling industry to pay the winning to the participants of gambling and (or) betting, and only under the condition of insufficient funds in the accounts and in cashier of the organizer of gambling, except in cases, stipulated by the legislation of the Republic of Kazakhstan on enforcement proceedings and the status of enforcement agent.

      5. In the case, if the amount of the mandatory reserves would be less than the amount prescribed by this Law, the organizer of the gambling industry shall, within three working days from the date of such reduction, replenish the mandatory reserves to the amount, established by this Law for each type of licensed activity.

      6. The organizer of a gaming represents the reference to authorized body on availability and movement of money according to the bank accounts opened in case of signing of the contract of a bank deposit, at least once in three months.

      Footnote. Article 14, as amended by the Laws of the Republic of Kazakhstan dated 04.05.2009 No. 157-IV (the order of enforcement see Art. 2); dated 15.01.2014 No. 164-V (shall be enforced upon expiry of ten calendar days after its first official publication); from 24.04.2015 No. 310-V (shall be enforced after twenty one calendar days after day of its first official publication).

Article 15. The order and features of attending gambling establishments

      1. Participation in gambling and (or) betting of the citizens of the Republic of Kazakhstan under the age of twenty-one years is prohibited.

      2. Rules of work of a gambling institution, acceptance of rates and the held gamblings and (or) a bet in the Kazakh and Russian languages shall be established in gambling institutions in a visible place for acquaintance of participants of gamblings with them and (or) a bet.

      3. The organizer of gambling industry is entitled to:

      1) place restrictions on the free use of the gambling establishment, not inconsistent with the legislative acts of the Republic of Kazakhstan;

      2) disallow to the gambling of the persons that violate the rules of the gambling establishment, acceptance of bets and gambling conducted, and (or) betting.

      Footnote. Article 15, as amended by the Law of the Republic of Kazakhstan dated 04.05.2009 No. 157-IV (the order of enforcement see Art. 2); from 24.04.2015 No. 310-V (shall be enforced after twenty one calendar days after day of its first official publication).

Article 16. Responsibility for violation of the legislation of the Republic of Kazakhstan on gambling industry

      Violation of the legislation of the Republic of Kazakhstan on gambling industry entails liability under the laws of the Republic of Kazakhstan.

Article 16-1. State control over compliance with the legislation of the Republic of Kazakhstan on gambling business

      1. State control over compliance with the legislation of the Republic of Kazakhstan on gambling business is carried out in the form of unscheduled inspection, preventive control with visiting the subject (object) of control, as well as preventive control without visiting the subject (object) of control.

      2. Unscheduled inspection and preventive control with visiting the subject (object) of control are carried out in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.

      3. Preventive control without visiting the subject (object) of control is carried out in accordance with the Entrepreneurial Code of the Republic of Kazakhstan and this Law.

      4. Subjects of state control are organizers of gambling business.

      5. The objectives of preventive control without visiting the subject (object) of control are timely suppression and prevention of violations, granting the right to control subjects to eliminate violations independently, identified by the authorized body according to the results of preventive control without visiting the subject (object) of control, and reducing the administrative burden on them.

      6. Preventive control without visiting the subject (object) of control is carried out by comparing reports submitted by the organizers of gambling business to the authorized body, certificates of availability and movement of money on bank accounts opened at the time of conclusion of the bank deposit agreement, information from authorized organizations and state bodies by means of request and information obtained from various sources of information.

      7. In case of detection of violations based on the results of preventive control without visiting the subject (object) of control in actions (inaction) of the subject of control, the authorized body executes and sends a recommendation within ten business days from the date of detection of violations.

      8. The recommendation shall be handed over to the subject of control in person, upon signature or otherwise, confirming the facts of dispatch and receipt.

      A recommendation sent by one of the following means shall be deemed to have been delivered in the following cases:

      1) By courier - from the date of the mark in the recommendation on receipt;

      2) by registered mail - by registered mail;

      3) by electronic means - from the date of sending by the authorized body to the e-mail address of the subject of control specified in the letter at the request of the authorized body.

      9. The recommendation on elimination of violations revealed by results of preventive control without visiting the subject (object) of control shall be executed within ten working days from the day following the day of its delivery.

      10. In case of disagreement with violations specified in the recommendation, the subject of control has the right to send an objection to the authorized body that sent the recommendation within five working days from the day following the day of delivery of the recommendation.

      Failure to implement the recommendation on elimination of violations revealed by the results of preventive control without visiting the subject (object) of control within the established term shall result in appointment of preventive control with visiting the subject (object) of control by means of inclusion into the half-year list of preventive control with visiting the subject (object) of control.

      12. Preventive control without visiting the subject (object) of control is carried out not more often than once a quarter.

      A footnote. Article 16-1 of the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 16-2. The organization of inspection

      Footnote. Is excluded by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188 (the order of enforcement see Art. 2).

Article 16-3. Procedure for inspection

      Footnote. Is excluded by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188 (the order of enforcement see Art. 2).

Article 17. Transitional and final provisions

      1. This Law shall come into force from 1 April, 2007.

      2. From the date of the enactment of this Law the licenses, issued before 1 April 2007 for the right to engage in activities in the field of gambling industry, shall be terminated.

The President
of the Republic of Kazakhstan



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