«ON THE RESULTS OF THE ANALYSES OF THE LAW OF THE REPUBLIC OF KAZAKHSTAN «ON THE SAFETY OF TOYS» (BASED ON MATERIALS FROM THE ANALYTICAL REPORT)

Abstract

This article shows the results of the analysis of the law of the Republic of Kazakhstan «On safety of toys», which consists of 4 chapters and includes 19 articles. The most voluminous Chapter 3 «Requirements for the safety of toys» establishes the requirements for toys and consumer information, as well as the procedure for confirming compliance. According to the resolution of the Government of the Republic of Kazakhstan dated April 11, 2019 № 190 «On classification of branches of the legislation of the Republic of Kazakhstan», the analyzed Law relates to the industry 320.003.000. Safety of goods produced for children.

The law was  analyzed by the authors for the existence of ineffectively implemented standards, corruption factors, violations of the authenticity of texts in the Kazakh and Russian languages of the law and other shortcomings.

In addition, parallels are conducted with the Common Technical regulation of the Customs Union «On the safety of toys» №TR CU 008/2011, adopted by the decision of the Commission of the customs Union№798 dated September 23, 2011 (hereinafter – Technical regulations), in which the types of toys are classified in detail, the definitions of the used terms are given, the safety requirements are described due to the construction, purpose, function, main characteristics, used materials, taking into account organoleptic, microbiological, toxicological and hygienic indicators, physical, mechanical, chemical, electrical, magnetic properties, flammability, radiation safety of toys and its components, and the requirements for packaging, labeling, technical documentation of toys are established. All these requirements are developed regarding the safety of toys in the member States of the EEC.

As a result of the analysis, proposals were developed in terms of strengthening control over the quality and safety of toys by providing a part of these functions by the consumer protection society, and a proposal was made to consider the termination of the analyzed Law in accordance with the requirements of subparagraph 2) of paragraph 2 of article 46 of the Law of the Republic of Kazakhstan «On legal acts», because the rules and regulations on the safety of toys provided by the Treaty on the EEC and international treaties within the EEC, absorb the subject of legal regulation of the analyzed Law.