On Beekeeping

The Law of the Republic of Kazakhstan dated 12 March, 2002 No. 303

Unofficial translation

      The Law regulates relations in the field of producing of beekeeping products, protection, use and reproducing of bees, effective appliance of them for fertilization of agricultural crops and all fertilized flora, creation of conditions for increasing of productiveness of the beekeeping as well as plant production, provision of warrants of observance of rights and interests of individuals and legal entities engaged in beekeeping.

Chapter 1. General provisions

Article 1. Basic definitions used in the Law

      The following basic definitions are used in the Law:
      1) a mother bee – a female is providing the reproducing of a bee community;
      2) a breeding farm – a business entity certified by the local executive body of oblast, city of republican significance, the capital, carrying out the breeding and selling of breeding bee communities and breeding fecundated mother bees of special breed;
      3) a breeding bee community – a high-productive community of genuine high-grade bees, steadily reproducing of its breed characteristics;
      4) a beehive – a construction for keeping of bee community;
      5) facilities of the bees protections – immunobiological, biological, vegetative, chemical, chemical and pharmaceutical and the other veterinary preparations used in the beekeeping;
      6) an empty honeycomb – artificially produced thin wax sheet of the relevant size with foundation meshes stamped on them;
      7) a breed of bees - integral group of the bee communities of general origin formed under the influence of creative activity of human in special household and natural conditions, quantitatively enough for breeding “in it” and having the economic and breeding value;
      8) pests of the bee communities – particular types of animals, birds and insects that kill bees for feed purposes or inflicting harm by stealing and (or) damaging of honey;
      9) a transportation (movement) of the bee communities – removal of the bee communities on the honeyflow and fertilization of entomophilous plants;
      10) a bee community – integral biological unit which consists of worker-bees, drones and the mother bee which live in a beehive or in a nest;
      11) beekeeping – a branch of agricultural industry, the functioning base of which is the breeding and use of bees for fertilization of entomophilous plants and increasing of their yield, getting of beekeeping products;
      12) beekeeping products – products received through the collective and physiological characteristics of bees (honey, wax, bee pollen load, ambrosia, propolis, royal jelly, bee poison, drone homogenate), as well as bees themselves;
      13) an authorized state body in the field of beekeeping – a central executive body which carries out the administration in the field of beekeeping;
      14) an out-apiary – an apiary which is allocated by movement at sources of honeyflow or massifs of entomophilous plants;
      14) an apiary – beehives with the bee communities and necessary property for beekeeping allocated in the special place;
      16) a stationary apiary – an apiary allocated in the permanent place during a year;
      17) entomophilous plants – plants fertilized by insects.
      Footnote. Article 1 is in the wording of the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012).

Article 2. Legislation of the Republic of Kazakhstan on the beekeeping

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

Chapter 2. Activities in the field of beekeeping

Article 3. Right on occupation by beekeeping

      1. Individuals and legal entities shall have right on occupation by beekeeping.
      2. For occupation by beekeeping the receiving of any permission of the state body shall not be required.

Article 4. The procedure of granting land lots for placement of apiaries

      1. Land lot for placement of apiaries shall be provided for individuals and legal entities according to the procedure and terms provided by the legislation of the Republic of Kazakhstan.
      2. Placement of apiaries on land of the forest fund shall be carried out without inflicting harm for forest environment according to the procedure and terms provided by the forest legislation of the Republic of Kazakhstan..
      3. Placement of apiaries on land of the natural areas of special protection shall be carried out in accordance with the legislation of the Republic of Kazakhstan on the specially protected natural areas.

Article 5. Formation and land use of apiaries

      1. Individual and legal entity in order to be occupied by beekeeping shall form apiary of bee communities which has a utility room, equipment and shall be allocated on the land lot being in its use. Individual or legal entity engaged in beekeeping may use other land lots on agreement with owners of land lots and land-users in accordance with the land legislation.
      2. Quantity of bee communities which may be maintained by the individuals and legal entities is not limited.
      3. On apiaries the bees are to be occurred only of regionalized in one or another location breeds according to plan of their breed regionalization in the Republic of Kazakhstan established by the authorized body in the field of livestock breeding.

Article 6. Placement of apiaries

      1. Individuals and legal entities shall allocate apiaries in places where the safety of people shall be provided. The procedure of regulation of safety placement of apiaries shall be determined by the district (urban) executive bodies.
      2. The out-apiaries shall be allocated at sources of honeyflow in a distance no closer than one and half kilometers from one another and no closer than three kilometers from stationary apiaries. The placement of stationary and out-apiaries on the way of flying of bees from the other allocated apiary to the sources of honeyflow.
      Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January, 2005).

Article 7. Taxation of individuals and legal entities engaged in beekeeping

      1. Taxation of individuals and legal entities engaged in beekeeping shall be carried out according to the tax legislation of the Republic of Kazakhstan.
      2. The introduction and collection of taxes and other payments not established by the tax legislation of the Republic of Kazakhstan is prohibited.

Chapter 3. Protection of bees

Article 8. Protection and reproducing of bees

      Protection and reproducing of bees shall be carried out by owner by:
      1) protection of habitat of bees, conditions of breeding, places of movements and ways of migration of bees;
      2) veterinary and sanitary serving of apiaries;
      3) provision of optimal quantity of bee communities in range of their resettlement;
      4) scientifically-based and rational use of bees;
      5) taking measures on prevention of ruin and intentional elimination of bee communities;
      6) protection of bees upon appliance of facilities of plants protection, mineral fertilizers and other drugs;
      7) supporting of activity aimed at preserving of bees.

Article 9. Protection of habitat, conditions of breeding, places of movements and ways of migration of bees

      Individuals and legal entities that carry out the activity which may lead to reduction of number of bees, are obliged to ensure the measures on their protection, preserving of their habitat, inviolability of allotments and plants especially valuable for preserving and life sustenance of bees.

Article 10. Protections of bees upon appliance of protection facilities, mineral fertilizers and other drugs

      1. Appliance of protection facilities, mineral fertilizers and the other preparations for processing of honey plants shall be carried out according to the procedure provided by the legislation of the Republic of Kazakhstan.
      The list of protection facilities of plants, mineral fertilizers and other drugs applied for processing of honey plants shall be approved by the authorized state body in the field of beekeeping.
      2. Individuals and legal entities that apply the protection facilities of plants, mineral fertilizers and other drugs for processing of honey plants shall in the five days before the beginning of work warn on it in written form the beekeepers that have apiaries within a radius of to seven kilometers from cultivated allotments, inform on applied drugs, its toxicological information and term of isolation.

Article 11. Protection of bees upon performance of forestry works

      Felling of trees and bushes – sources of honeyflow as well as green product of osier tan is prohibited within a radius of up to three kilometers from places of allocation of stationary apiaries except the cases of improvement of level of sanitation of forests and condition of their reproduction.

Article 12. Protection of bees in conditions of their habitat

      1. Activity on use of benefits of bees as well as receiving of products of beekeeping in conditions of their habitat shall be carried out in accordance with the legislation of the Republic of Kazakhstan on protection, reproduction and use of the animal world.
      2. Ruin of nest and other places of settlement of bee communities in conditions of their habitat as well as selection of honey from nests of bee communities is prohibited.
      3. In case if bee community complicates the life sustenance of human in conditions of its habitat, transportation or elimination upon impossibility of migration of such bee community shall be performed upon participation of specialists in the field of beekeeping.

Article 13. Transfer (movement) of bee communities

      Transfer (movement) of bee communities shall be carried out with observance of veterinary and sanitary rules. Stoppage of transport vehicles carrying out the transfer (movement) shall be performed without threat of wreck of bee communities.

Chapter 4. State regulation in the field of beekeeping

Article 14. Competence of the authorized state body in the field of beekeeping

      The authorized state body in the field of beekeeping shall carry out:
      1) realization of the state policy in the field of beekeeping;
      2) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) (is excluded – dated 10 January, 2006 No. 116 (the order of enforcement See Article 2 of the Law No. 116);
      4) elaboration and approval of regulatory legal acts in the field of beekeeping within provided powers;
      5)-7) (are excluded – dated 10 January, 2006 No. 116 (the order of enforcement See Article 2 of the Law No. 116);
      8) international cooperation in the field of beekeeping;
      9) organization of scientific research aimed at the protection and reproduction of bees;
      10) (is excluded);
      11) other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and of the Government of the Republic of Kazakhstan.
      Footnote. Article 14 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 1 January, 2005); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 14-1. Competence of the local executive bodies of oblasts (city of republican significance, the capital)

      The local executive bodies of oblasts (city of republican significance, the capital) shall carry out:
      1) control for development and protection of beekeeping on the relevant territory of the administrative-territorial unit;
      2) coordination of selective and breeder work and organization of the state supporting of breeder action in the beekeeping in accordance with the legislation of the Republic of Kazakhstan on the livestock breeding;
      3) coordination of activity on preparing and re-preparing of specialists in the field of beekeeping;
      4) the other powers imposed on the local executive bodies by the legislation of the Republic of Kazakhstan in interests of the local state administration.
      Footnote. Chapter is supplemented by Article 14-1 in accordance with the Law of the Republic of Kazakhstan dated 10.01.2006 No. 116 (in the order of enforcement See Article 2 of the Law No. 116); 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 15. Prevention of diseases of bees, their treatment, pest control of bee communities

      1. Is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012).
      2. Prevention of diseases of bees, their treatment, pest control of bee communities as well as reproducing of empty honeycombs shall be performed in accordance with the legislation of the Republic of Kazakhstan on veterinary medicine.
      3. Individuals and legal entities engaged in beekeeping are to be provided by the veterinary drugs in purposes of control of disease included in the list of specially dangerous diseases approved by the Government of the Republic of Kazakhstan.
      Footnote. Article 15 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012), dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 16. Veterinary and sanitary expertise in the field of beekeeping

      Produced or prepared products of beekeeping shall be subject to selling after performance of veterinary and sanitary expertise according to the procedure provided by the legislation of the Republic of Kazakhstan on veterinary.

Article 17. Selective and breeding work in the field of beekeeping

      1. Activity of individuals and legal entities on breeding and use of breeder bee communities is to be carried out in accordance with the legislation of the Republic of Kazakhstan on the livestock breeding.
      2. Individuals and legal entities in order to maintain and improve the breeds of bees may create breeding farms in their habitats that are engaged in breeding and selling of genuine bees.
      3. The protective allotments are arranged around breeding farms with radius of seven kilometers on the territory of which the importation of bees and mother bees of other breeds as well as bees and mother bees of unknown origin is prohibited.

Chapter 5. Responsibility for the breach of the legislation of the Republic of Kazakhstan on beekeeping

Article 18. Compensation of harm inflicted in the result of the breach of the legislation of the Republic of Kazakhstan on beekeeping

      The harm inflicted in the result of the breach of the legislation of the Republic of Kazakhstan on beekeeping shall be compensated according to the procedure provided by the legislation of the Republic of Kazakhstan.

Article 19. Responsibility for the breach of the legislation of the Republic of Kazakhstan on beekeeping

      Persons that are guilty in the breach of the legislation of the Republic of Kazakhstan on beekeeping shall entail responsibility in accordance with the legislative acts of the Republic of Kazakhstan.

      The President
      of the Republic of Kazakhstan