The Law on Mail - Expert logistic Kazakhstan

Chapter 1. GENERAL PROVISIONS

Article 1. Basic concepts used in this Law

The following basic concepts are used in this Law:

subscription box is a special box for receiving certain types of mail, installed at production facilities, used by addressees in accordance with the procedure established by the authorized body in the field of mail;
subscriber mailbox is a special cabinet with cells installed in buildings, residential houses (residential buildings), individual residential buildings, for receiving mail by addressees;
addressee (recipient) is the user of the mail operator’s services to whom the postal item or postal money transfer is addressed;
nominal device is a device for applying prints to documents and mailings indicating the name of the mail operator, its production facility, as well as other information determined by the mail operator;
parcel means the unregistered and registered mail with printed publications, business papers, documents and other items, the size, weight and method of packaging of which are provided in accordance with the rules for the provision of postal services;
hybrid dispatch is an e-mail (message) accepted by the mail operator for forwarding and delivered to the addressee in the form of a letter (postcard), or a letter (postcard) accepted by the mail operator for forwarding and delivered to the addressee in the form of an e-mail (message) to an e-mail or an electronic subscriber mailbox;
hybrid shipment forwarding service means the activity of the mail operator for receiving, processing, delivery and (or) handing over of a hybrid shipment;
The Universal Postal Union is an international organization consisting of member countries whose territories form a single postal territory for the mutual exchange of international postal items, the objectives of which are to ensure the organization and improvement of postal communications and the creation of favorable conditions for the development of international cooperation in this area;
Acts of the Universal Postal Union mean the documents adopted at the Congress of the Universal Postal Union in accordance with its Charter;
written correspondence is the unregistered and registered letters, postcards, parcels and small packages;
distribution of periodicals by subscription means provision by the mail operator, on the basis of a contract concluded with the owner of the mass media or his representative, of services for accepting subscriptions to periodicals, including using an Internet resource, and for receiving, processing, transporting and delivering periodicals to the user of the services of the mail operator;
international commercial correspondence with a reply is a postal item issued in accordance with the acts of the Universal Postal Union, containing a return postal item pre-paid by the sender;
accelerated postal communication services – postal forwarding services with accelerated processing, transportation, delivery and (or) delivery of postal items;
sender is a user of the mail operator’s services who transfers mail or money to the mail operator for their forwarding;
parcel – a registered postal item with things, objects and goods, the dimensions, weight and packaging of which are provided in accordance with the rules for the provision of postal services;
courier is an employee of the mail operator or an individual who has a contract with the mail operator, who accepts the registered mail from the sender outside the production facility and hands such a shipment to the addressee or sender at the specified address on the mail;
courier postal services – services for the reception, transportation and delivery of registered mail items provided by the courier;
operational day means the working time during which the mail operator provides postal services;
production facility is a building, a room in a building designed and equipped for carrying out activities in the field of mail by a mail operator;
mail is a type of communication that ensures the provision of a range of services and other activities by mail operators on the territory of the Republic of Kazakhstan in accordance with the acts of the Universal Postal Union and this Law;
universal postal services mean services that are part of universal communication services that are provided to any user of the services of a postal operator in any locality within a specified time with established quality and price levels that ensure the availability of these services;
postal communication services are the activities of postal operators for the forwarding of registered and unregistered postal items, postal money transfers, hybrid shipments, the distribution of periodicals, the sale of postage stamps and philatelic products;
postal communication means technical means, equipment and technologies used to provide postal communication services;
mailbox is a mailbox of a specified color, shape and size designed to collect unregistered letters and postcards;
postal network is a set of production facilities and postal routes used in the provision of postal services by the postal operator;
postal items are written correspondence, parcels accepted for forwarding by the mail operator;
delivery of postal items is the transfer of postal items from the production facilities of the destination to a subscription box or a subscriber mailbox, or to another address specified by the sender;
forwarding of postal items means a set of operations of receiving, processing, transportation and (or) transfer, delivery and (or) handing over of postal items;
acceptance of postal items means registration by the mail operator for further transportation of postal items received from the sender, including by removal from mailboxes;
processing of postal items means production operations with postal items that ensure their preparation for transportation;
delivery of a postal item is delivery of a postal item personally to the addressee or his legal representative, or to an attorney acting on the basis of a power of attorney;
transportation of postal items means the movement (transportation) of postal items from the point of departure to the production facilities of the destination for delivery and (or) handing over to the addressee;
postal code is a conditional numeric and letter designation of an address assigned to real estate objects for their administrative-territorial identification and systematization in order to speed up the forwarding of mail or postal money transfer;
postal card is the unregistered or registered postal item with a written message on a special standard form;
postal activity is the provision of postal communication services through postal networks;
subjects of postal activity mean mail operators and users of mail operator services;
mail operator is a natural or legal person registered in the territory of the Republic of Kazakhstan providing services in the field of postal activity;
the user of the mail operator’s services is a natural or legal person who is a consumer of the services provided by the mail operator, including on the basis of contracts concluded by him with the mail operator;
the authorized body in the field of mail (hereinafter referred to as the authorized body) is the central executive body of the Republic of Kazakhstan, carrying out, within its competence, the implementation of state policy, state control, coordination and regulation of activities in the field of mail on the territory of the Republic of Kazakhstan;
signs of postal payment are the signs confirming payment for postal services applied by the mail operator to the shipments of written correspondence, including postage stamps, blocks, marked envelopes and (or) postcards, franking machine impressions, electronic and other signs;
state signs of postal payment are postage stamps, blocks, marked envelopes and (or) postcards, impressions of franking machines, electronic and other signs put into circulation by the authorized body, which confirm payment for the services of the National Postal Operator;
postal stamp is a device for applying impressions to documents and mailings with the designation of the name of the production facility that received the mail, the place of departure, the date and time of receipt of the mail, the name of the production facility that received the mail, the destination, the date and time of receipt, the name of the production facility that delivered and (or) handed the mail to the addressee, the date and time of delivery and (or) delivery;
postal money transfer is a postal communication service for the fulfillment by the mail operator of the sender’s order to forward money to the addressee in accordance with this Law and the acts of the Universal Postal Union with filling out the form of the postal item form approved by the authorized body;
postal secrecy is an information about the postal address, personal data of users of the mail operator’s services, postal items, their internal contents and location;
postal address (hereinafter referred to as the address) is a place determined by the user of the mail operator’s services for the delivery and (or) delivery of postal items and postal money transfers;
a postal machine is an automated device designed for receiving, sending, storing, delivering (handing over) and receiving postal items, with the exception of postal money transfer;
postman is an employee who is in an employment relationship with a mail operator who receives mail from the sender, as well as delivery and (or) handing over of mail to the addressee or sender;
identification means actions of employees of the postal operator, the National Postal Operator, aimed at establishing the identity of an individual presented with a document certifying his identity;
designated operator is a mail operator appointed by the authorized body to ensure the provision of postal services and the fulfillment of related obligations arising from the acts of the Universal Postal Union throughout the territory of the Republic of Kazakhstan;
tariff is the amount of payment for the services of the mail operator;
registered postal item is the written correspondence, parcel, accepted with the issuance of a receipt to the sender with the assignment of a postal registration number (identification alphanumeric barcode) to the postal item and handed to the addressee against receipt;
unregistered postal item means the written correspondence received through mailboxes or production facilities without issuing senders a receipt for their acceptance (without assigning a postal registration number, an identification alphanumeric barcode) and delivered without receiving a receipt to the addressee;
national postal network means the postal network of the National Postal Operator operating throughout the territory of the Republic of Kazakhstan, through which the services of the postal operator are provided to users;
National mail operator is a mail operator determined by the authorized body in the field of mail, created in the organizational and legal form of a joint-stock company, the controlling stake of which belongs to the national management holding, which is entrusted with the obligations provided for by this Law;
postal item with payment on delivery is a postal item, upon submission of which the sender instructs the mail operator to receive from the addressee the amount of money set by him (the amount of payment on delivery) and send it to the sender’s address;
philatelic products means state postage stamps, which are collectibles, removed from postal circulation in accordance with the rules for the release, sale of state postage stamps and philatelic products;
franking machine is a device designed for applying to written correspondence prints confirming payment for postal services, the date of receipt of written correspondence and other information;
international reply coupon is a document put into circulation by the Universal Postal Union, subject to exchange in any member country of the Universal Postal Union for postage stamps, representing the minimum fee for a simple international letter weighing up to twenty grams, sent by air;
the place of international postal exchange is a production facility where incoming and outgoing international postal items are processed, as well as customs control of these items is carried out by the state revenue authorities;
international postal item is a postal item accepted for shipment outside the territory of the Republic of Kazakhstan, arriving on the territory of the Republic of Kazakhstan or following transit through the territory of the Republic of Kazakhstan;
letter is an unregistered and registered postal item sent with a written message and other small items, the dimensions, weight and packaging of which are provided in accordance with the rules for the provision of postal services;
internal postal item is a postal item accepted for shipment within the territory of the Republic of Kazakhstan;
electronic subscriber mailbox is the domain name of the user of the mail operator’s services created in the information system of the National Mail Operator or mail operator for receiving and delivering e-mails (messages) and documents;
e-mail (message) is an information sent in electronic form using a telecommunications network, the Internet or electronic media.

Article 2. Scope of this Law

This Law applies to users of the mail operator’s services, as well as to individuals and legal entities operating in the field of mail on the territory of the Republic of Kazakhstan.

Article 3. Legislation of the Republic of Kazakhstan on mail

The legislation of the Republic of Kazakhstan on mail is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law, the rules of the international treaty shall apply.

Article 4. Basic principles of postal activity

The principles of postal activity are:

compliance with the rule of law in the implementation of activities in the field of postal communications;
availability of postal services to users of postal operator services on the territory of the Republic of Kazakhstan;
compliance by mail operators with the rights and interests of users of mail operator services;
freedom of movement of postal items on the territory of the Republic of Kazakhstan and transit of international postal items through the territory of the Republic of Kazakhstan;
equality of rights of individuals and legal entities in the provision of postal services and the use of the results of this activity;
ensuring postal secrecy;
ensuring the development and functioning of the national postal network in the Republic of Kazakhstan;
unity of rules and requirements in the field of postal communication for postal operators in the provision of postal services to users of postal operator services.

Chapter 2. STATE REGULATION IN THE FIELD OF MAIL

Article 5. Competence of state bodies in the field of mail

Authorized body:
implements the state policy in the field of mail;
regulates activities in the field of mail on the territory of the Republic of Kazakhstan;
monitors compliance with the legislation of the Republic of Kazakhstan on the provision of postal services;
approves the types and volumes of issue of state postage stamps at the suggestion of the National Postal Operator;
approves the rules for the issuance and sale of state postage stamps and philatelic products;
forms the state collection of postage stamps;
approves the rules for assigning postal codes in the Republic of Kazakhstan;
develops and approves, within its competence, regulatory legal acts in the field of mail aimed at improving and developing postal activities in the Republic of Kazakhstan, and organizes their implementation;
approves samples, rules of wearing, norms of providing uniforms for employees of the special postal service and uniforms (without shoulder straps) of employees of the National Postal Operator;
approves, in coordination with the national security authorities, the requirements for postal communication networks and means for the purposes of conducting operational search activities, as well as the rules of interaction during the implementation and operation of hardware, software and technical means of conducting operational search activities on the postal networks of the Republic of Kazakhstan;
acts on behalf of the Government of the Republic of Kazakhstan and within the powers defined by the Government of the Republic of Kazakhstan, represents and protects the interests of Kazakhstan in the field of postal communications in cooperation with other states, international unions and international organizations;
in agreement with the authorized body in the field of customs affairs approves the places of international postal exchange at the request of the National Postal Operator or postal operators;
approves the rules for the appointment and revocation of the powers of the designated operator;
appoints and revokes the authority of the designated operator;
approves the rules for the use of named devices by mail operators;
approves the rules for the provision of postal services;
coordinates the postal payment signs of the postal operator, determines the order of use and the requirements for postal payment signs of the postal operator, with the exception of state postal payment signs;
carries out the removal of the state postage stamp from the postal circulation in order to use it as a philatelic product;
approves the rules of functioning of the unified system of electronic subscriber mailboxes and authorization of users of mail operator services in the unified system of electronic subscriber mailboxes;
approves the requirements for the placement, content and technical characteristics of subscriber mailboxes;
approves the quality indicators of universal postal services;
approves a single list of personal data of users of mail operator services, necessary and sufficient for the provision of services by mail operators;
determines the National Mail Operator;
exercises other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, settlements, villages, rural districts:
assist postal operators in placing production facilities on their territory;
contribute to the effective functioning of postal communication in the territory of an administrative-territorial unit;
work with the management bodies of condominium facilities, owners of residential and non-residential buildings to provide them with subscriber mailboxes and their proper operation.

Article 6. Ensuring secrecy in the field of mail

Every user of the postal operator’s services is guaranteed by the state the right to postal secrecy. Restrictions of this right are allowed only in cases and in the manner directly established by the laws of the Republic of Kazakhstan.
Secrecy in the field of mail is divided into postal secrecy and banking secrecy. The requirements for the observance and maintenance of postal secrecy and banking secrecy are established by this Law and the Law of the Republic of Kazakhstan “On Banks and Banking Activities in the Republic of Kazakhstan”.
Mail operators are obliged to comply with the requirements for ensuring secrecy in the field of mail. Employees of postal operators who take part in the process of opening postal items, in cases provided for by the legislation of the Republic of Kazakhstan, are not entitled to disclose information related to the observance of postal secrecy, except in cases directly established by the laws of the Republic of Kazakhstan.
Officials and other employees of postal operators, as well as other individuals and legal entities who have committed violations of secrecy in the field of mail, are held accountable in accordance with the laws of the Republic of Kazakhstan.
Inspection, seizure and arrest of postal items are carried out by courts, law enforcement and special state bodies only in cases provided for by legislative acts of the Republic of Kazakhstan.

Article 7. Interaction of mail operators with bodies carrying out operational and investigative activities

Postal operators carrying out postal activities on the territory of the Republic of Kazakhstan are obliged, in accordance with the legislative acts of the Republic of Kazakhstan, to provide the bodies carrying out operational search activities on postal communication networks with organizational and technical capabilities for carrying out operational search activities on all postal communication networks, access to official information about users of postal operator services, as well as take measures to prevent disclosure of forms and methods of carrying out these activities. The authorized body, in coordination with the national security bodies, determines the requirements for postal communication networks and means for the purposes of conducting operational search activities, as well as the rules of interaction during the implementation and operation of hardware, software and technical means of conducting operational search activities on the postal networks of the Republic of Kazakhstan. The third part of paragraph 1 is put into effect from 01.01.2019 in accordance with Article 46 of this Law. Postal operators are required to install technical means and equipment on postal networks that ensure the conduct of operational search activities, the collection and storage of information about personal data. The terms of storage of information about personal data are determined by the rules for the provision of postal services.
The relationship of postal operators with the bodies carrying out operational investigative activities is regulated by the Law of the Republic of Kazakhstan “On operational investigative activities” and this Law.

Article 8. Tariffs for postal services

Tariffs for postal services are set by postal operators independently on the basis of reasonable costs, unless otherwise provided by the legislation of the Republic of Kazakhstan.
Tariffs (prices, collection rates) and their maximum levels for universal postal services provided by postal operators are approved by the authorized body in accordance with the procedure established by the Law of the Republic of Kazakhstan “On Natural Monopolies and Regulated Markets”.
The pricing procedure for the services of postal operators who are market entities occupying a dominant or monopoly position in the relevant commodity market shall be established in accordance with the legislation of the Republic of Kazakhstan.

Chapter 3. ACTIVITIES IN THE FIELD OF MAIL

Article 9. Activities in the field of mail

The following types of activities in the field of mail operate in the Republic of Kazakhstan:
postal activity;
other activities in the field of mail in accordance with this Law.
Postal activities include the following postal services:
universal postal services;
services for forwarding registered mail;
expedited and courier postal services;
postal money transfers;
services for the distribution of periodicals by subscription and retail sale;
services for the sale of postage stamps and philatelic products;
hybrid shipment forwarding services;
special postal services in accordance with the Law of the Republic of Kazakhstan “On communications”;
other services, the provision of which is inextricably linked with postal services.
Other activities in the field of mail include:
banking operations, financial services provided by the laws of the Republic of Kazakhstan;
services for transportation, processing, warehousing and storage of goods (cargo);
performing legal actions on the terms of the contract of assignment and (or) commission in accordance with the requirements of the legislation of the Republic of Kazakhstan;
services for the delivery of pensions, allowances and other social benefits.

Article 10. Universal postal services

The mail operator, when providing universal postal services, provides services for forwarding unregistered mail items of users of the mail operator’s services collected from mailboxes and (or) received at production facilities and delivered without receiving a receipt for delivery to the addressee. The provision of universal postal services by the postal operator is carried out in accordance with the quality indicators of universal postal services approved by the authorized body, which establish requirements that meet the needs of users of the postal operator’s services in the availability, quality and price of universal postal services.
Universal postal services contain the following types of services:
services for forwarding unregistered letters;
services for forwarding unregistered postcard;
services for forwarding unregistered parcels;
services for the distribution of periodicals by subscription.
Unregistered postal items are accepted for shipment both within the territory of the Republic of Kazakhstan and beyond its borders. The requirements for things and items sent by unregistered mail are determined by the rules for the provision of postal services.
It is prohibited to send unregistered mail between state bodies and state legal entities, as well as to send written responses to individuals and legal entities in the form of unregistered mail.

Article 11. Forwarding services for registered mail

Forwarding of the registered postal item is carried out by documenting the receipt of the postal item, issuing a receipt to the sender and assigning the postal item a postal registration number (identification alphanumeric barcode), as well as handing the postal item to the addressee against receipt.
Registered mail items include: letter (registered, with declared value), postal card (registered), parcel (registered, with declared value), small package (registered, with declared value), parcels (simple, with declared value). An additional list of types and categories of postal items included in the service for forwarding registered mail is established by the rules for the provision of postal services. Registered mail items are accepted with the obligatory indication of the return address.
Registered mail items are accepted for shipment both within the territory of the Republic of Kazakhstan and beyond its borders. The requirements for things, objects and goods sent by registered mail are determined by the rules for the provision of postal services.

Article 12. Expedited and courier mail services

The activity of the postal operator in providing services of expedited and (or) courier postal communication consists in the forwarding of postal items, taking into account their accelerated (express) processing, transportation, delivery and (or) delivery of postal items and (or) taking into account the transportation and delivery of such postal items by the courier of the postal operator.
The service of expedited and courier postal communication includes:
receiving mail;
processing, sorting, storage, transportation and delivery of postal items;
handing over of postal items;
notification of the sender about the handing over of the postal item to the addressee.

Article 13. Postal money transfer

Postal money transfer is a registered postal item. The procedure and requirements for postal money transfer, as well as the forms of the mailing form are established by the rules for the provision of postal services.
The amount of postal money transfer sent within the Republic of Kazakhstan is not limited, unless otherwise provided by the legislation of the Republic of Kazakhstan in the field of countering the legalization (laundering) of proceeds from crime and the financing of terrorism. Postal money transfers are accepted in the national currency of the Republic of Kazakhstan and other currencies in accordance with the currency legislation of the Republic of Kazakhstan.
When making postal money transfers in foreign currency, the sender (recipient) submits additional information and documents in accordance with the requirements of the currency legislation of the Republic of Kazakhstan.
Acceptance of money for postal transfers is made by cash and non-cash methods. Postal money transfer with a non-cash method is made after the receipt of money and the amount of commission to the bank account of the mail operator.

Article 14. Distribution of periodicals by subscription

The provision of subscription services for the distribution of periodicals to users of the mail operator’s services is carried out after the conclusion by the mail operator of an agreement with the owner of the mass media or his representative on the inclusion of the periodical in the subscription catalog of the mail operator. The mail operator maintains a single subscription catalog on paper or in electronic form, which must contain sections on republican, local and foreign periodicals, depending on the territory of distribution of the periodical.
Distribution of periodicals by subscription consists of the following stages:
conclusion of a contract with the owner of mass media or his representative for the distribution of periodicals, as well as acceptance of an order from the user of the mail operator’s services and registration of a subscription, including using an Internet resource and processing information on the subscription accepted by the mail operator for periodicals;
acceptance, processing, transportation, delivery of a periodical printed publication to the user of the mail operator’s services by the mail operator or forwarding of a periodical printed publication in electronic form to the electronic subscriber mailbox of the user of the mail operator’s services.
Subscription to republican, local and foreign periodicals is carried out by the mail operator or the user of the mail operator’s services through production facilities or Internet resources. The distribution of republican periodicals by subscription is carried out throughout the territory of the Republic of Kazakhstan in accordance with the document issued by the authorized body in the field of mass media, and the distribution of local periodicals is carried out on the territory of the region, the city of republican significance, the capital specified in the relevant document issued by the local executive bodies of regions, cities of republican significance, the capital.
The distribution of foreign periodicals by subscription is carried out in the territory specified in the document on the registration of foreign periodicals distributed in the Republic of Kazakhstan, issued by the authorized body in the field of mass media, local executive bodies of regions, cities of republican significance, the capital in accordance with the Law of the Republic of Kazakhstan “On Mass Media”.

Article 15. Retail sale of periodicals

The provision of services for the retail sale of periodicals to users of the postal operator’s services is carried out by the postal operator on the basis of an agreement concluded with the owner of the mass media or his representative.
Retail sale of foreign periodicals is carried out by the mail operator in the territory specified in the document on the registration of foreign periodicals distributed in the Republic of Kazakhstan issued by the authorized body in the field of mass media, local executive bodies of regions, cities of republican significance, the capital in accordance with the Law of the Republic of Kazakhstan “On Mass Media”.

Article 16. Implementation of postage stamps

Postal payment signs are intended to confirm payment for the services of the mail operator for forwarding written correspondence according to the current tariffs. The use of postage stamps is carried out only to items of written correspondence.
The postal operator uses postal payment signs agreed with the authorized body, with the exception of state postal payment signs.
Postal operators on the territory of the Republic of Kazakhstan carry out the forwarding of domestic and international written correspondence only in the presence of postage stamps.
The postage stamps sold, including state ones, are not subject to return and exchange.
In the absence of postal payment signs on the postal item or partial payment of the established tariff, the mail operator returns such postal item to the sender.
Dirty, damaged, used (cancelled), withdrawn from circulation postal payment signs, as well as postal payment signs of other states are not accepted for payment of postal services.
Purchased postage stamps confirming payment for postal services must be used by the mail operator who issued this postage stamp.
In order to identify postal payment signs by belonging to postal operators, postal payment signs, except for state postal payment signs, must contain the name of the postal operator on the front side.

Article 17. State postage stamps and philatelic products

The authorized body shall carry out the introduction into circulation of state postage stamps.
The requirements for state postage stamps are determined by the authorized body in accordance with the acts of the Universal Postal Union. The procedure for approving the types and volumes of state postal payment signs, putting them into postal circulation and removing them from circulation, as well as the organization of manufacture, release and sale are determined by the rules for the release, sale of state postal payment signs and philatelic products.
The organization of the manufacture, release and sale of state postal payment signs is carried out by the National Postal Operator.
In order to protect against the circulation of illegally issued state postage stamps, the National Postal Operator sends three postage stamps of each new issue and each denomination to the Universal Postal Union, accompanied by the necessary information (date of issue, technical description and other necessary data) for inclusion in the register of genuine stamps of the member countries of the Universal Postal Union.
The authorized body, on the suggestion of the National Postal Operator, removes the state postage stamps from the postal circulation in order to use them as philatelic products.
Postal circulation of the state postage stamp is carried out at least two years after the date of its entry into circulation.

Article 18. Hybrid shipment forwarding services

The provision by the mail operator of the hybrid shipment forwarding service is carried out by forwarding the shipment at the initial stage in the form of an electronic letter (message) through the use of information systems, Internet resources and other electronic media, delivered at a subsequent stage in the form of a letter (postal card) or forwarding at the initial stage of a letter (postal card), delivered at a subsequent stage in the form of an electronic letter (message) through the use of information systems, internet resources to an e-mail or an electronic subscriber mailbox.
Reception or delivery of e-mails (messages) from senders is carried out by transmitting information from the information systems used, which, on the basis of the contract, are integrated with the information system of the mail operator.
For the purpose of receiving or delivering e-mails (messages), mail operators use their own information systems and telecommunications networks or information systems and telecommunications networks of third parties on the basis of a contract.
The mail operator has the right to involve a third party on the basis of the contract, which prints and converts the received emails (messages).
The forwarding of an e-mail (message) in the form of a postal item is carried out in accordance with the requirements established by this Law and the rules for the provision of postal services.

Article 19. Payment for mail operator services

Payment for the services of the postal operator is made in accordance with the procedure established by the rules for the provision of postal services.
Payment for the services of the mail operator is made in the following ways:
using cash;
in a non-cash manner, including electronic money.
When concluding a contract for services rendered to users of the mail operator’s services, the mail operator provides for one or more payment methods for services in the terms of the contract.
The mail operator, on behalf of the sender, undertakes to receive from the addressee, upon delivery of the postal item, the amount of cash on delivery agreed by the sender, and send it to the address specified by the sender. Postal items with cash on delivery are accepted for shipment throughout the territory of the Republic of Kazakhstan and to those countries with whose mail operators the relevant agreements have been concluded.
If the addressee refuses the postal item, including payment on delivery, the mail operator returns the postal item to the sender, who is obliged to pay the amount for the return shipment upon receipt of the postal item.

Article 20. Notification of receipt of a postal item

When forwarding a registered postal item to the sender, at his request, a notification is sent about the receipt of the postal item by the addressee.
Forwarding by the mail operator of the notification of receipt by the addressee of the postal item is carried out on paper and (or) in electronic form and is an additional postal communication service, for which a fee is charged from the sender.
The tariff for notification of receipt by the addressee of the postal item is paid by the sender in advance with getting the receipt of the mail operator.

Article 21. Return of the postal item, change or correction of the address

The sender addresses the mail operator with a request for the return of the postal item, change or correction of the address in cases when the postal item is:
not issued to the addressee;
not confiscated or destroyed for items and substances prohibited for shipment;
not withdrawn on the basis of the legislation of the destination country.
Return of the postal item, change and correction of the address are carried out with additional payment by the sender.

Article 22. Mail Operators

Postal operators must have the necessary material and technical base and qualified personnel, means of mechanization, provide users of the postal operator’s services with information on tariffs, deadlines for sending mail inside and outside Kazakhstan, as well as other information.
The activities of postal operators for the provision of postal services are carried out in accordance with the rules for the provision of postal services.
Postal operators are obliged to ensure the safety of postal items and postal money transfers received from users of the postal operator’s services.
Postal operators provide information about postal items, postal money transfers, senders and addressees only to senders and addressees or their legal representatives or attorneys on the basis of a power of attorney. Provision of the specified information to other individuals and legal entities is carried out only in cases provided for by the laws of the Republic of Kazakhstan.
Postal operators provide postal communication services through production facilities, post offices, postmen or couriers, and also use their own mailboxes and postal payment signs when providing services in accordance with the requirements established by this Law. Through subscriber mailboxes, mail operators deliver mail items, the list of which is established by the rules for the provision of postal services.
Interaction between mail operators is carried out on a contractual basis.
The mail operator may not be a natural or legal person, the founder or participant of which is an individual who has an unexpunged or unspent conviction for the crimes provided for in Articles 215, 216 and 217 of the Criminal Code of the Republic of Kazakhstan.
Postal operators carry out their activities in accordance with the procedure established by this Law and the legislation of the Republic of Kazakhstan.

Article 23. National Postal Operator

The national Postal Operator has the following obligations:
provides universal postal services in accordance with the quality indicators of universal postal services approved by the authorized body;
provides special postal services in accordance with the Law of the Republic of Kazakhstan “On Communications”;
assigns postal codes to real estate objects in accordance with the rules for assigning postal codes in the Republic of Kazakhstan;
places mailboxes in accordance with the procedure established by Article 32 of this Law;
provides employees of the special postal service with uniforms in accordance with the procedure established by the authorized body, as well as its employees with uniforms (without shoulder straps);
organizes the issue and sale of state postage stamps of the Republic of Kazakhstan.
The national postal operator has the right to:
to provide the services provided by the sub-paragraphs 2), 3), 4), 5), 7) and 9) paragraph 2 and paragraph 3 of Article 9 of this Law;
to carry out brokerage, dealer and transfer agency activities in accordance with the procedure established by the National Bank of the Republic of Kazakhstan;
to carry out certain types of banking operations without a license:
accepting deposits, opening and maintaining bank accounts of legal entities;
opening and maintaining correspondent accounts of banks and organizations engaged in certain types of banking operations;
cash operations: receiving and issuing cash, including its change, exchange, recalculation, sorting, packaging and storage;
transfer operations: execution of orders of individuals and legal entities for payments and money transfers;
collection of banknotes, coins and valuables;
organization of foreign currency exchange operations, including organization of foreign currency cash exchange operations;
to issue, sell and distribute payment cards.
The activities of the National Postal Operator for accepting deposits, opening and maintaining bank accounts of individuals are regulated by the National Bank of the Republic of Kazakhstan, including by establishing separate prudential standards and issuing licenses. The safety of the deposits of the population attracted by the National Postal Operator for term deposits is ensured by them by placing them in government securities and other liquid financial instruments. The National Bank of the Republic of Kazakhstan monitors and supervises compliance by the National Postal Operator with the legislation of the Republic of Kazakhstan on countering the legalization (laundering) of proceeds from crime and the financing of terrorism and the currency legislation of the Republic of Kazakhstan when it carries out financial activities and provides financial services. The authorized body monitors compliance by the National Postal Operator with the legislation of the Republic of Kazakhstan on countering the legalization (laundering) of proceeds from crime and the financing of terrorism in the implementation of postal services.
The national postal operator requests and receives information or gets access to the Address Register information system in order to implement the obligations imposed on it by the state.
The National Postal Operator assigns a postal code to each real estate object that has a location address and is included in the Address Register information system. The unified database of postal codes in the territory of the Republic of Kazakhstan is maintained by the National Postal Operator in accordance with the rules for assigning postal codes in the Republic of Kazakhstan.
The interaction of the National Postal Operator with other postal operators is carried out on a contractual basis.

Article 24. Rules for the provision of postal services

The rules for the provision of postal services must contain the following:

organization of the postal network and service by mail operators of users of mail operator services, including unhindered access of disabled people to postal services;
use of registered devices of mail operators;
registration of postal items, as well as types of postal items and their technical characteristics;
acceptance, processing, transportation and (or) transfer, delivery and (or) handing over of postal items and (or) postal money transfers, as well as the form of the form of postal items and (or) postal transfer;
receiving, processing and delivery of international mail;
receipt, processing and verification of postal items, as well as storage periods of postal items;
sending the remainder and returning mail;
conducting an operational day;
delays, inspections and seizures of postal items, as well as a list of items and substances prohibited and restricted for shipment via postal networks;
consideration of applications and complaints of users of the mail operator’s services;
other provisions related to the provision of postal services provided for by this Law.

Article 25. Restrictions and prohibitions in the provision of postal services

Restricted and prohibited items and substances found in postal items shall be detained and seized at the place of discovery in accordance with the procedure established by this Law and the Criminal Procedure Code of the Republic of Kazakhstan.
Inspection and seizure of postal items are allowed in cases established by the laws of the Republic of Kazakhstan.

Article 26. The use of languages in the activities of mail operators

On the territory of the Republic of Kazakhstan, the office work of mail operators is carried out in Kazakh and (or) Russian languages. The designated operator shall correspond with the designated operators of the member countries of the Universal Postal Union and the Universal Postal Union in the language defined by the acts of the Universal Postal Union.
The addresses of the sender and recipient of mail sent within the Republic of Kazakhstan must be issued at the request of the sender in Kazakh or Russian, and outside the Republic of Kazakhstan in the language of the destination country or the language established by the acts of the Universal Postal Union.
Information, reference and other information concerning the activities of postal operators, as well as samples of documents are placed in Kazakh and Russian languages in places accessible to users of postal operator services.

Article 27. Application of local time in the field of postal communication

When carrying out activities in the field of mail in the technological processes of forwarding mail by mail operators, depending on their location on the territory of the Republic of Kazakhstan, local time is used.
Informing users of the mail operator’s services about the time of provision of services is carried out according to local time.

Chapter 4. POSTAL NETWORK AND MEANS OF POSTAL COMMUNICATION

Article 28. Postal networks in the Republic of Kazakhstan

The national postal network created by the National Postal Operator and postal networks formed by postal operators operate on the territory of the Republic of Kazakhstan.
The National postal network is a strategic object of the Republic of Kazakhstan.
Postal operators independently form postal networks, with the exception of cases expressly established by this Law.

Article 29. Planning and development of postal networks of postal operators

Postal operators independently plan and implement the development of postal networks. The development of postal networks that ensure the provision of universal postal services to users of the postal operator’s services is carried out in accordance with the quality indicators of universal postal services approved by the authorized body.
During the construction of residential buildings, the construction customer is obliged to design and install subscriber mailboxes at his own expense.

Article 30. Post offices

Post offices are production facilities through which mail operator services are provided to users in the field of mail. The need to open and maintain post offices is established by the mail operator based on the quality indicators of universal postal services.
The national postal operator ensures the operation of the following types of post offices:
stationary post offices, the placement of which is carried out in accordance with the quality indicators of universal postal services approved by the authorized body, designed to serve users of the services of the mail operator;
mobile post offices created on the basis of vehicles, including under contracts with individuals and legal entities, to provide users with mail operator services in the field of mail.
The service of users of the mail operator’s services with the help of mobile post offices is carried out in the central part of the settlement. The standards for providing users of the mail operator’s services with services provided by mobile post offices are determined by the mail operator.
Postal operators independently determine and use the necessary types of post offices in their activities.

Article 31. Postal routes

Postal routes of postal operators are an integral part of the postal network and represent a scheme of transportation and delivery of postal items using vehicles and (or) postmen, couriers.
Postal routes are planned by the postal operator based on existing intercity inter-regional, inter-district (intercity intra-regional), intra-district, suburban, urban (rural) routes, as well as connecting settlements with district or regional centers, cities of republican significance, the capital.
The postal route and transport schedule are compiled by postal operators in accordance with the current quality indicators of universal postal services, internal regulations and deadlines for processing, transportation and delivery of postal items.
Information about postal routes is confidential information. Such information is disclosed to third parties in compliance with the requirements the Entrepreneurial Code of the Republic of Kazakhstan.

Article 32. Mailboxes

Mailboxes are placed by mail operators in places accessible to users of mail operator services, in compliance with the quality indicators of universal postal services approved by the authorized body.
At the discretion of the mail operator and in agreement with the owners of the dwellings, mailboxes are placed directly on the real estate object, as well as separately standing on their territory.
The removal of postal items from mailboxes is provided by mail operators in compliance with the quality indicators of universal postal services.
The mailboxes of the mail operator must have a logo in order to distinguish them from the mailboxes of another mail operator.

Article 33. Subscriber mailboxes

Subscriber mailboxes are located in residential and non-residential buildings, individual residential buildings in places accessible to users of the services of the mail operator and postmen of mail operators, and belong to their owners, who ensure the placement and maintenance of subscriber mailboxes in proper condition according to the requirements established by the authorized body.
Owners of residential and non-residential buildings, individual residential buildings are obliged to provide postmen, couriers with unhindered access to subscriber mailboxes. In cases of absence or malfunction of the subscriber mailbox, the mail operator issues mail from the production facility.
By the decision of the owners of residential and non-residential buildings, individual residential buildings, obligations to ensure the installation, maintenance and safety of subscriber mailboxes may be transferred to the management body of the condominium facility under the contract.
Postal operators have the right to use electronic subscriber mailboxes when delivering hybrid shipments. The creation and use of electronic subscriber mailboxes by mail operators are carried out independently. Electronic subscriber mailboxes are provided to users of the mail operator’s services on the basis of a signed subscription agreement with the mail operator.
The National postal operator creates a personal electronic subscriber mailbox for any user of the postal operator’s services at his request free of charge and ensures its proper functioning, as well as the secrecy of personal correspondence of the user of the postal operator’s services.
The unified system of electronic subscriber mailboxes is a publicly accessible information system of the National Postal Operator that provides the forwarding of postal items in electronic form, including within the framework of electronic document management, throughout the territory of the Republic of Kazakhstan. The creation, operation and development of a unified system of electronic subscriber mailboxes throughout the territory of the Republic of Kazakhstan are provided by the National Postal Operator in accordance with the rules of operation of the unified system of electronic subscriber mailboxes and authorization of users of mail operator services in the unified system of electronic subscriber mailboxes.

Article 34. Registered devices of mail operators

Mail operators provide production facilities with named devices that are used in the processes of forwarding mail.
The registered devices of mail operators must differ from the registered devices installed for the production facilities of the National Mail Operator by specifying the name of this mail operator.
The procedure for the use of personal devices by mail operators is determined by the rules for the use of personal devices by mail operators approved by the authorized body.

Article 35. Use of vehicles

Postal operators are granted the right, on contractual terms, to transport postal items on all routes and lines of railway, sea, inland water, air and road transport accompanied by employees of the postal operator, as well as to transfer postal items for transportation in accordance with the civil legislation of the Republic of Kazakhstan.
The passage of motor transport and other motor vehicles of a postal operator providing universal postal services and other services to cargo and baggage complexes, mailboxes located on the territories of highways, automobile, railway, water stations and train stations, airports, as well as for the exchange of all types of mail with mail wagons on platforms and platforms of railway stations and train stations is carried out on a priority basis and without payment. When railway trains are delivered to railway stations (railway tracks), free passage to the mail car of motor transport and other mechanical vehicles of the mail operator must be provided for timely exchange of mail.
Vehicles belonging to the National Postal Operator have special symbols and are not used without his consent to provide services and perform works that are not related to postal activities.

Chapter 5. USERS OF MAIL OPERATOR SERVICES

Article 36. Quality of mail operators’ services

Postal operators are obliged to provide services to users of postal operator services that meet the quality and standards established by this Law and the rules for the provision of postal services, as well as the terms of the concluded contract for the provision of services.
Postal communication services are provided by mail operators on equal terms to all users of mail operator services in accordance with the Commercial Code of the Republic of Kazakhstan and this Law.

Article 37. Features of the service of users of the mail operator services

Users of the postal operator’s services deliver and receive postal items in compliance with the requirements of the legislation of the Republic of Kazakhstan, which establish the rules for registration of addresses on postal items, postal money transfers, as well as the content of postal items.
In case of purchase of postal payment signs from the mail operator, the user of the mail operator’s services is obliged to deliver the postal item to the mail operator through the mailbox belonging to him or the operating window from which the specified postal payment signs were purchased. When the postal item is removed from the mailbox, on which the postal payment signs of another mail operator are applied, the postal item will be returned by the mail operator who carried out the removal of the postal item back to the user of the mail operator’s services at the specified address on the postal item.

Article 38. Protection of the rights of users of mail operator services

Protection of the rights of users of mail operator services to provide them with proper quality services by mail operators, to receive information about the provision of services, as well as the mechanism for the implementation of such rights are regulated by the Law of the Republic of Kazakhstan “On Consumer Rights Protection”.
When providing postal services, the mail operator collects, accumulates, uses and stores the personal data of the user of the mail operator’s services in accordance with the unified list of personal data of users of the mail operator’s services, necessary and sufficient for the provision of services by the mail operator, approved by the authorized body. When the mail operator provides a universal postal service, the collection, accumulation, use and storage of personal data are carried out without the consent of the user of the mail operator’s services or his legal representative.
The registered mail items are sent by the user of the mail operator’s services personally or by his representative by presenting the sender’s identity document at the mail operator’s mail acceptance point, or through the postman or courier of the mail operator. If the sender refuses to provide consent to the collection, accumulation, use and storage of personal data, the mail operator is obliged to refuse to send mail to the user of the mail operator’s services.
When receiving registered mail, the mail operator collects, accumulates, uses and stores the recipient’s personal data without his consent. When the mail operator hands over the registered mail item to the user of the mail operator’s services, the recipient presents an identity document and gives consent to the mail operator to collect, accumulate, use and store personal data. If the recipient refuses to provide consent to the collection, accumulation, use and storage of personal data, the mail operator does not hand over the postal item to the recipient and is obliged to send the postal item back to the sender.
Postal operators and bodies carrying out operational investigative activities that gain access to personal data ensure confidentiality by complying with the requirements not to allow their dissemination without the consent of the subject or his legal representative or the presence of other legal grounds.

Chapter 6. ENSURING SECURITY IN THE FIELD OF POSTAL COMMUNICATION

Article 39. Security measures

When providing postal services, postal operators, within their competence, take measures to ensure the safety of health and life of users of postal operator services and employees.
Paragraph 2 shall enter into force from 01.01.2019 in accordance with Article 46 of this Law.
Registered postal items of individuals are accepted for forwarding by mail operators in an open form. Mail operators use technical means that make it possible to ensure the identification of things, objects and goods in postal items. When receiving registered mail items, the mail operator is obliged to identify the sender in accordance with the established procedure and record his data. At facilities equipped with post offices, the reception and delivery of postal items are carried out using technical means to ensure the identification of the sender and addressee, as well as to exclude unauthorized access.
Paragraph 3 is put into effect from 01.01.2019 in accordance with Article 46 of this Law.
Postal operators take measures aimed at identifying prohibited items and substances in postal items during their shipment. In order to identify prohibited items and substances in postal items, postal operators use technical means, equipment and video recording systems that allow them to identify prohibited items and substances in postal items without opening them. In case of detection of items and substances prohibited in accordance with the rules for the provision of postal services during the shipment of postal items, postal operators are obliged to inform law enforcement and special state bodies. The opening of postal items is carried out by representatives of authorized bodies at the place of detection and in the presence of employees of the mail operator.
The sender of the postal item is liable in accordance with the laws of the Republic of Kazakhstan for violating the prohibitions established for the shipment of items and substances in postal items.

Article 40. Postal security system of the National Postal Operator

The postal security system of the National Postal Operator is aimed at ensuring postal, banking, official and commercial secrets, protection of postal items from unauthorized access, measures to prevent cases of loss and theft of postal items and money, compliance with prohibitions on the transfer of items and substances in postal items, as well as the security of information systems used.
The security regime is maintained by a private security organization, which is engaged on a contractual basis, or by a security organization established by the National Mail Operator, in accordance with the Law of the Republic of Kazakhstan “On Security Activities”. Private security organizations or a security organization established by the National Postal Operator ensure the security and protection of postal communication infrastructure facilities, postal transport, employees and users of postal operator services in the provision of services, protect mail from unauthorized access to them, and also prevent theft of mail and money by third parties.

Chapter 7. INTERNATIONAL ACTIVITIES IN THE FIELD OF POSTAL COMMUNICATION

Article 41. International cooperation

International cooperation in the field of postal communication is carried out on the basis of international treaties, acts of the Universal Postal Union and this Law.

Article 42. Designated operator

The authorized body, in accordance with the rules of appointment and revocation of the powers of the designated operator, shall appoint the mail operator by the designated operator in order to ensure the operation of postal services and the fulfillment of related obligations arising from the acts of the Universal Postal Union throughout the territory of the Republic of Kazakhstan.
The designated operator is obliged to ensure:
provision of postal communication services on a permanent basis in all settlements on the territory of the Republic of Kazakhstan for all users of the services of the mail operator;
reception, processing, transportation and delivery of written correspondence;
acceptance, processing, transportation and delivery of parcels weighing up to twenty kilograms;
return of international commercial correspondence with a reply;
acceptance of an international return coupon for payment;
Transit of international postal items of designated operators of other member countries of the Universal Postal Union through the territory of the Republic of Kazakhstan.
The designated operator provides postal services in accordance with the acts of the Universal Postal Union and this Law.
If the designated operator fails to fulfill the obligations arising from the acts of the Universal Postal Union and paragraph 1 of this Article, the authorized body revokes the powers of the designated operator from the mail operator in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
The designated operator has the right to create places of exchange and processing of international postal items outside the territory of the Republic of Kazakhstan and carries out such activities under the conditions provided for in the acts of the Universal Postal Union and the legislation of a foreign state in which a place of exchange and processing of international postal items is created.

Article 43. International postal exchange and international postal transit

International postal exchange and international postal transit are carried out in accordance with the acts of the Universal Postal Union, international treaties and acts constituting the law of the Eurasian Economic Union, the customs legislation of the Republic of Kazakhstan and this Law.
The designated operator is obliged to carry out the official registration of places of international postal exchange in the bodies of the Universal Postal Union in accordance with the acts of the Universal Postal Union.
International postal exchange and international postal transit on the part of the Republic of Kazakhstan is carried out by the designated operator in accordance with the acts of the Universal Postal Union, international treaties and acts constituting the law of the Eurasian Economic Union, the customs legislation of the Republic of Kazakhstan and this Law.
International postal exchange and transit are carried out at the places of international postal exchange created by the designated operator at its own expense.
The creation of places for the exchange and processing of international mail by other designated operators of foreign states that are members of the Universal Postal Union on the territory of the Republic of Kazakhstan is carried out with the permission of the authorized body.

Chapter 8. FINAL PROVISIONS

Article 44. Liability for breach of obligations in the provision of postal services

The mail operator is obliged to ensure the safety of the postal item from the moment it is received from the sender to the moment it is handed to the recipient.
The mail operator is responsible in the following cases:
loss, damage of the registered postal item or shortage of things, items or goods inside the registered postal item;
violations of the terms of mailing.
For the loss, damage of the registered postal item or shortage of things, items or goods inside the registered postal item, the mail operator is liable in the following amounts:
for the loss or complete damage of a postal item with the declared value – in the amount of the sum of the declared value and the paid tariff for the shipment;
for the shortage of things, objects or goods inside the registered postal item, loss or damage of a part of things, objects or goods inside the registered postal item with declared value when they are sent with an inventory of things, objects or goods placed inside the registered postal item – in the amount of the declared value of the missing, lost or damaged part of things, objects or goods specified by the sender in the inventory;
for the shortage of things, objects or goods inside the registered postal item, loss or damage of a part of things, objects or goods inside the registered postal item with declared value when they are sent without an inventory of things, objects or goods placed inside the registered postal item, in the amount of a part of the declared value of the registered postal item, determined in proportion to the ratio of the mass of the missing, lost or damaged part of things, objects or goods to the mass of the registered postal item being forwarded (without the mass of the envelope of the postal item), regardless of its actual value;
for the loss or complete damage of another registered postal item – in the amount of double sum of the paid tariff;
for the shortage of things, objects or goods or the loss of part of things, objects or goods, or for damage to part of things, objects or goods of other registered mail – in the amount of the sum of the paid tariff;
for the loss of a postal money transfer – in the amount of the sum of the postal money transfer and the paid tariff for the shipment.
For violation of the terms of mailing and postal money transfer of users of the mail operator’s services, the mail operator pays a penalty in the amount of three percent of the paid tariff for each day of delay, but not more than the amount of the paid tariff for the service provided. For violation of the terms of mailing by air, the mail operator pays the user of the mail operator’s services the difference in tariffs between the payment for forwarding by air and land transport.
The mail operator is released from liability for loss, damage of the registered postal item or shortage of things, items or goods inside the registered postal item, violation of the terms of mailing and postal money transfer of users of the services of the mail operator, if it is proved that non-fulfillment or improper fulfillment of obligations was impossible due to force majeure or special properties of things, items or goods in the postal item and on other grounds provided for by the Civil Code of the Republic of Kazakhstan, this Law and international treaties ratified by the Republic of Kazakhstan.
Users of the mail operator’s services are responsible for the damage caused to the mail operator that has arisen:
due to the detection of items and substances in postal items, due to their special properties, prohibited or restricted for shipment via postal networks;
as a result of improper packaging of things, items or goods accepted for shipment via postal networks.

Article 45. Responsibility for violation of the legislation of the Republic of Kazakhstan on mail

Persons guilty of violating the legislation of the Republic of Kazakhstan on mail are liable in accordance with the laws of the Republic of Kazakhstan.

Article 46. The procedure for the entry into force of this Law

This Law shall enter into force upon the expiration of ten calendar days after the date of its first official publication, with the exception of the third part of paragraph 1 of Article 7, paragraphs 2 and 3 of Article 39, which shall enter into force on January 1, 2019.
To invalidate the Law of the Republic of Kazakhstan dated February 8, 2003 “On Mail” (Gazettes of the Parliament of the Republic of Kazakhstan, 2003, No. 3, Article 17; No. 15, Article 139; 2004, No. 23, Article 142; 2005, No. 14, Article 55; No. 23, Article 104; 2006, No. 1, Article 5; No. 16, Article 99; 2009, No. 2-3, Article 18; 2010, No. 15, Article 71; 2011, No. 11, Article 102; No. 12, Article 111; 2012, No. 5, Article 35; No. 13, Article 91; 2013, No. 10-11, Article 56; No. 14, Article 75; 2014, No. 11, Article 61; No. 14, Article 87; No. 19-I, 19-II, Article 96; No. 21, Article 122; 2015, No. 16, Article 79).