Proceedings of 3rd European Business Research Conference
4 - 5 September 2014, Sheraton Roma, Rome, Italy , ISBN: 978-1-922069-59-7
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This article is devoted to the problem of ensuring veterinary safety of the
Republic of Kazak hstan under the Eurasian Economic Union. The study was based on scientific methods of cognition, the concept of interaction between society and nature.
Over t wenty years, N.A. Nazarbayev, the first president of the Republic of
Kazak hstan, has been think ing of creating a free economic space bet ween post-Soviet states. Creation of an economic union removes many barriers lik e trade relations, as well as the barriers in the area of services. However, at the same time, the formation of a free economic space requires full control of import ed goods into the customs territory of the Union, and their movement across the customs territory of the Union. Animal health measures are provided in order to prevent the entry and spread of infectious animal diseases, including common to humans and animals, as well as goods not conforming to the common veterinary, veterinary and sanitary requirements. Ensuring complianc e with veterinary and sanitary measures rests on the shoulders of each member state, as well as their authorized agencies.
JEL Codes: Business Law
From the beginning of the achievement of sovereignty and until the present time,
Kazakhstan's legislation in the field of veterinary safety has been at the stage of improvement at all levels, resulting in national rules being recognized at the level of international norms and principles, as well as harmonizing the legislation with a number of forei gn countries’ legislations in accordance with the concluded multilateral and bilateral international agreements.
Constitutional norms are the basis of this process. Legal scholars of Kazakhstan have devoted a lot of works into the establishment and development of the Constitution. As S.S.
Sartayev notes, currently Constitution is the phenomenon of political and legal reality, which must be interpreted in the narrow and broad values. In the narrow sense,
Constitution - is the Basic Law of the State, which has the highest legal force, which is a normative expression of theoretical concepts and socio-political model, implemented in public practice; broadly, Constitution - is the highest legal form, which formalizes the values, institutions and norms of the cons titutional system: people, as the supreme value, the rule of their rights and freedoms, popular sovereignty (Sartayev, 2002).
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Kalymbek Bakytzhan, Kazakh National University, Kazakhstan, e-mail: b_kalymbek@mail.ru
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⃰Alimzhanova Malika, Kazakh National University, Kazakhstan, e-mail: malika_alim@mail.ru
⃰ ⃰ Kaskeeva Aynagul, Kazakh National University, Kazakhstan. Kaskeeva.a@mail.ru
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Proceedings of 3rd European Business Research Conference
4 - 5 September 2014, Sheraton Roma, Rome, Italy , ISBN: 978-1-922069-59-7
The national legislation in the sphere of ensuring veterinary safety originates from the
Constitution of the Republic of Kazakhstan. As the Constitution is the phenomenon of political and legal reality which should be treated in narrow and wide values (Sa rtayev,
2002). Today, Ensuring veterinary safety is one of the main priorities of development of agro-industrial complex of the country (Kalymbek, 2010) Studying of the legal nature and the maintenance of veterinary safety has huge value, both theoretical , and practical
(Zhatkanbayeva, 2009).
Research leaned on general scientific methods of knowledge, the concept of interaction of society and the nature, logical-legal methods, structural, functional, comparative and legal analysis on the basis of an integrated approach to an object of research were applied.
Veterinary science is an area of special scientific knowledge and practical activities aimed at the study of diseases and food poisoning (losses) of animals, their prevention, diagnosis, treatment and elimination, ensuring that objects comply with the state veterinary and sanitary control requirements of the legislation in the field of veterinary science, as well as protection of the public from diseases common to animals and humans (Anon.,
July 10, 2002 № 339-II ). The main tasks of veterinary science includes the protection of animals against diseases and their treatment; protection of public health against diseases common to animals and humans; providing animal health safety; protection of the territory of the Republic of Kazakhstan from the introduction and spread of contagious diseases and exotic animals from other states; control over the safety and quality of veterinar y drugs, feed and feed additives; development and use of tools and methods for diagnosis, control of animal diseases and ensuring animal health safety; prevention and elimination of pollution in the implementation of natural and legal persons in the field of veterinary activities; development of veterinary science, training and education of veterinary technicians.
Ensuring the safety of veterinary has serious enough importance to create favorable conditions for life and human health, the environment and natural resources. In this regard, the study of the legal nature of the concepts and content of veterinary safety is of great importance, both theoretical and practical positions. There are no monographic studies in the legal literature on the subject, and there is no single and clear understanding of the current legislation. As correctly noted by A.E. Zhatkanbaeva, "safety has been and remains one of the most pressing problems facing humanity," the need to ensure it was the primary cause of a society and the state (Zhatkanbaeva, 2009).
The Constitution of the Republic of Kazakhstan has established legal framework for the veterinary safety. One can distinguish three main blocks of rules relating to this sphere:
1) the rights and freedoms of citizens in the field of veterinary business;
2) the right of ownership and other property rights;
3) the purpose of the state in providing favorable conditions for human life and health.
Providing veterinary-sanitary and phytosanitary safety is one of the main priorities of the agro industrial complex (Kalymbek, 2010). In the definition of agriculture, which is given in the law "On State Regulation of agricultural and rural development," the emphasis is on security in the areas of production, processing, storage, and transportation, processing

Proceedings of 3rd European Business Research Conference
4 - 5 September 2014, Sheraton Roma, Rome, Italy , ISBN: 978-1-922069-59-7 and marketing of agriculture, fisheries and food industry, related industries veterinary and sanitary and phytosanitary security.
These legislative priorities are stated in paragraph 2 of Art. 13 of the Lawt, which states that in order to meet the quality and safety of agricultural products to the international requirements, the state does the following activities:
1) A veterinary and phytosanitary control in accordance with the legislation of the Republic of Kazakhstan;
2) prevention, diagnosis and eradication of contagious animal diseases on the list approved by the Government of the Republic of Kazakhstan, on the authorized body in the field of agriculture;
3) organization of public items artificial insemination of animals, harvesting of animal products and raw materials, agricultural areas for slaughtering animals, burial grounds, special storage (burial), pesticides and their containers;
4) veterinary measures aimed at protecting the territory of the Republic of Kazakhstan and prevention of the spread of diseases common to animals and humans;
5) phytosanitary measures aimed at preventing the spread of harmful and dangerous pests, protection of the territory of the Republic of Kazakhstan from quarantine facilities as well as on the identification, localization and liquidation of the centers of their distribution;
6) damages suffered by the subjects of agro-industrial complex as a result of the seizure and destruction of animals, products and raw materials of animal origin pose a threat to animal and human health.
Many progressive provisions of the existing legislation in the field of veterinary safety has gone through a long stage of formation and development.
Among the first acts in the veterinary field, taken in independent Kazakhstan, was the
Decree of the President of the Republic of Kazakhstan, having the force of law "On
Veterinary Science" July 25, 1995 № 2376.
Its action was aimed at regulati ng relations in the field of prevention and treatment of animal diseases, the prevention of diseases common to animals and humans, the organization of anti-epizootic measures, establishes the principles of veterinary supervision, defines the legal conditions of activity of veterinary authorities, organizations and veterinary specialists.
In the conceptual framework of the considered Decree, there was no concept of veterinary safety; in fact, many of its provisions do not take into account the need for a radical reorganization of all the systems of the Veterinary Service. For example, the Veterinary
Service of the Republic of Kazakhstan was divided into nation-wide, departmental and private business. The system of the State Veterinary Service included: rep ublic governing agency of veterinary management; local veterinary service; veterinary research organizations; republican, regional and district veterinary laboratories; Republican expedition to combat animal diseases; regional, district and city veterinary medical organizations; ant epizootic expedition teams and control of brucellosis and tuberculosis; service of veterinary supervision at the state border and transport; other organizations of veterinary and animal health profile, subordinate to the government agencies veterinary management. Along with this, the ministries and agencies were entitled to create their departmental veterinary services.
Given the market changes, the decree stipulated that legal and natural persons may engage in private business in veterinary activities. But in their work, they were controlled by the central governmental authority and its veterinary authorities in the field. Positive were the norms ensuring international cooperation in the field of veterinary science. In order to implement this, Chief State Veterinary Inspector of the Republic of Kazakhstan on behalf of the Government of the Republic of Kazakhstan represented it in the Office
International des Epizooties (OIE) and the World Veterinary Association (WVA) and other

Proceedings of 3rd European Business Research Conference
4 - 5 September 2014, Sheraton Roma, Rome, Italy , ISBN: 978-1-922069-59-7 international veterinary organizations. Unfortunately, the current law "On Veterinary
Science" states that these provisions have not received their own development, and are generally excluded from the law, although this does not comply with the conditions of entry to the integration into the world economy.
Agricultural potential of the country allows for cheap animal products, providing domestic and export needs of the country. However, the presence of natural foci of infectious diseases (anthrax, plague, tuberculosis, brucellosis, rabies and others) require strengthening of animal health activities that promote the conservation of animals, improve livestock production and reduce morbidity common to animal and human diseases (Anon.,
2014).
In order to ensure animal health safety the Ministry of Agriculture conducts systematic transformations, allowing to build the veterinary service.
Thus, the Government of Kazakhstan in 2013 adopted industrial program "Agribusiness
2020", which reflects the issues of veterinary safety. Moreover, the agreement signed in
2012 between the Office International des Epizooties (OIE further) and the Government on a program of cooperation in the field of veterinary science is being implemented. Also in
2012, long-term strategy to modernize veterinary system of Kazakhstan was developed with the participation of international experts.
Ministry of Agriculture in 2012 signed an agreement with FAO's Technical Cooperation
Program which provides guidelines for prevention and control of chronic and extremely dangerous animal diseases.
During the last three years some legislative acts have been amended, and regulations to implement them were adopted. This allowed the provision of new forms of public support: in the form of free issue of ear tags and vet passport for farm animals and veterinary certificates, compensation cost to pet owners for neutralized animals, raw materials and products of animal origin.
To maintain a database the processing center for animal identification was created. Since
2015 it is planned to implement a centralized supply of ear tags through the center and create the republican stock.
Our government is doing a great job, completing construction and equipping veterinary laboratories. Moreover, requirements to quality of veterinary drugs were toughened along with a gradual annual increase of used veterinary drugs in proportion, the production of which meets international standards (including GMP) In addition, there was an increase in control over the transportation, storage and use of veterinary drugs by requiring each party and package of veterinary drugs to include temperature indicators.
In order to encourage the inflow of veterinarians - graduates to the countryside measures of social support in the form of lifting and concessional loans for the purchase cost and the construction of housing were introduced. Also, majors in veterinary science were included in the "Bolashak" program.
Since 2013, more stringent requirements for the quality of veterinary drugs were used.
Thus, in 2013 three FMD outbreaks were revealed, and in 2011-2012. – 17.
Within 5 months of 2014 epizootic situation on particularly dangerous animal diseases in
Kazakhstan is stable, except for isolated outbreaks of acute and chronic infecti ons.
Thus, from January to May 2014 there were only 74 outbreaks of acute infectious diseases in animals. Compared with the same period last year, the number of outbreaks has decreased by 29% (during 5 months in 2013 - 103).
In 2016, Kazakhstan plans to receive from the OIE status as a country free from FMD with vaccination in protected zones. Currently at the 5 areas identified as buffer zones (Almaty,
Zhambyl, South Kazakhstan, East Kazakhstan, Kyzylorda) mass vaccination of animals against FMD is conducted. According to the results, zoning of the above mentioned areas is planned to be successful, observation areas and areas of particular risk. At the same

Proceedings of 3rd European Business Research Conference
4 - 5 September 2014, Sheraton Roma, Rome, Italy , ISBN: 978-1-922069-59-7 time, other areas of the Republic are considered advantaged zones without vaccination, in the territory of which control and research on the presence of non-structural proteins is conducted.
Work on the implementation of measures aimed at ensuring animal health safety, included in the framework of the Eurasian Economic Union, as well as the forthcoming accession to the WTO continues (Anon., 2014).
The integration process is a complex social phenomenon, which is characterized by many different factors, trends and directions. It essentially means that you can select multiple levels of integration, combining both integration and disintegration factors depending on the scope of their operation. All the factors that determine the integration process are distributed mainly on the global and regional levels.
The only organization that has reached the highest level of integration compared with all other groups in the former Soviet space is the EurAsEC project which was proposed in
1994 by Kazakh President Nursultan Nazarbayev.
In developing the concept of integration of post-Soviet states the participants of EurAsEC countries took into account international experience in the development and economic integration organizations, in particular, the experience of the European Union (EU).
Six years later, on October 10, 2000 in Astana, the heads of states (Belarus, Kazakhstan,
Russia, Tajikistan, Kyrgyzstan) signed the Treaty establishing the EurAsEC (Eurasian
Economic Community), which entered into force on 30 May 2001. It is based on the concept of mutually beneficial and effective trade and economic cooperation to achieve the goals, objectives and prospects for sustainable development of post-Soviet states. The document provided organizational and legal instruments for implementation of t he agreements reached, monitoring system for the implementation of decisions.
The Eurasian Economic Community is an international economic organization created to effectively promote the process of formation of the Customs Union and the Common
Economic Space, as well as other goals and tasks associated with the deepening of integration in economic and humanitarian spheres. The main objectives of the EurAsEC are: to create a common financial market, the establishment of common rules for trade in goods and services and their access to domestic markets, the creation of a common unified system of customs regulation, to create equal conditions for production and business activities, the formation of a common market of transport services, the creation of common energy space , the formation of a collective security system, ensuring the free movement of citizens within the Community of EurAsEC member states, etc.
The priority is the formation and development of agreed principles of customs, tax, tariff policies of the EurAsEC, deepening the interaction of electric power systems of the
Community, the effective use of transit potential, the joint construction of power facilities, the creation of favorable conditions for the active involvement of both the investment
EurAsEC countries and other foreign partners.
Currently EurAsEC is an emerging economic system with enormous economic potential, significant sphere of geopolitical influence and real prospects of development, important for each member of the Community. However, the formation of the Eurasian Economic
Community is a fairly complex and lengthy process. For the efficient operation of any economic integration association it must be included into the global economic system, which is impossible, especially without a functioning within the WTO. It will take some time, but will provide an opportunity for each country to realize themselves and integrate associations in general as equal participants in the regional and global economic cooperation.
In the future, says President of the Republic of Kazakhstan Nursultan Nazarbayev, one of the strategic objectives of the Eurasian Economic Community - is its evolutionary transition to a more perfect structure - the Eurasian Economic Union of Russia, Belarus and

Proceedings of 3rd European Business Research Conference
4 - 5 September 2014, Sheraton Roma, Rome, Italy , ISBN: 978-1-922069-59-7
Kazakhstan, which is planned to be created in 2015. Also the President of Kazakhstan considers it necessary to gradually expand the Customs Union, which participants are now three countries. According to him, Turkey and Syria showed interest in joining the Customs
Union. Nazarbayev added that Kyrgyzstan and Tajikistan can be invited as observers into the CU. How justified are these goals, the future will show. At the present stage, it is important to consider that most of the economic plans of the EurAsEC will not only depend not on the degree of interest in cooperation, but also on the real possibilities of economic integration. Significant differences in the levels of socio-economic development, economic structure, geographical remoteness of the States of the Community and the high transport tariffs, a complex socio-political situation in individual states require careful study combining perspectives of the objectives of their close economic cooperation within the
EurAsEC.
However, to date, the undisputed fact is that there is no reasonable alternative to the processes of equal and mutually beneficial economic integration in Eurasia. http://www.zakon.kz/4618490-perspektivy-razvitija-evrazijjskogo.html Prospects for the development of the Eurasian Economic Community.
Eurasian Economic Union, the Union of the Republic of Ka zakhstan, the Republic of
Belarus and the Russian Federation intend to engage in a coordinated agrarian policy.
This policy will ensure a balanced development of production and markets for agricultural products and food, fair competition, including equal access to the common agricultural market, as well as harmonization of the requirements related to the handling of agricultural products and foodstuffs.
Among the main areas of intergovernmental cooperation in the field of agriculture are forecasting, state support of agriculture, a common agricultural market regulation, uniform requirements for the production and circulation of products, development of export of agricultural products and foodstuffs, scientific and innovative development of agriculture, its integrated information software.
When conducting a coherent agricultural policy, Member States will take into account the special nature of agriculture, not only due to industrial, economic, but also social significance industry, structural and climatic differences between regions and territories included in the union countries (Anon., 2014).
A separate section of the agreement on the establishment of the Eurasian Economic
Union is dedicated to health, animal health, quarantine and phytosanitary measures. Thus,
Article 58 provides for the veterinary and sanitary measures.
Unified veterinary (veterinary-sanitary) requirements are applied to the goods and objects which are subject to veterinary control (supervision). Animal health measures are applied towards imported into the customs territory of the Union, and moved through the customs territory of the Union of the goods included in the consolidated list of goods subject to veterinary inspection. The list of goods which are subject to veterinary inspection, are approved by the Commission, created within the framework of the EurAsEC.
In order to prevent the entry and spread of infectious animal diseases, including common to humans and animals, and goods not conforming to a unified veterinary (veterinarysanitary) requirements for veterinary checks are carried out after the controlled veterinary inspection of goods, including goods for personal use, and also for objects subject to veterinary control in accordance with the acts of the Commission.
Interaction of Member States in the prevention, diagnosis, localization and liquidation of centers particularly dangerous, quarantine and zoonotic animal diseases is carried in the manner prescribed by the Commission.
In accordance with the rules of the contract, the goods controlled by veterinary control are imported into the customs territory of the Union in accordance with the uniform veterinary
(veterinary-sanitary) requirements. This good is allowed to be imported, providing it has a

Proceedings of 3rd European Business Research Conference
4 - 5 September 2014, Sheraton Roma, Rome, Italy , ISBN: 978-1-922069-59-7 permit issued by the authorized body in the field of veterinary science of each State on whose territory the given good is imported, or it has a veterinary certificate issued by the competent authority of the country of origin.
Authorized bodies in the field of veterinary science carry out veterinary checks under veterinary control of goods which are subject to that control and are moving across the customs border of the Union at checkpoints across the state borders of the Member States or in other defined by the legislation of the Member States places. Such places are equipped with means and veterinary control in accordance with Ravil Member States.
Member States mutually recognize veterinary certificates issued by the competent authorities in the veterinary field by uniform forms.
Basic principle in providing security of controlled veterinary inspection of goods in their production, processing, transportation and (or) storage in third countries is an audit of foreign official surveillance.
Authorized bodies in the veterinary field conduct audits of foreign official surveillance and inspection (inspection) of objects subject to veterinary inspection, in accordance with the regulations of the Commission.
Also, Member States have the right to develop and implement temporary veterinary requirements and measures in the case of official information from relevant interna tional organizations, Member States and from third countries, about the deterioration of the epizootic situation in the territories of third countries or Member States. In the case of the above information, but in the absence of sufficient scientific evidence or the impossibility of its representation in the proper time, the Member States may take urgent veterinarysanitary measures.
The Republic of Kazakhsta n is an agricultural state. As to Soviet influence, and after gaining sovereignty, the distinguishing side of our country is agriculture. However, in spite of the natural resources and multiple efforts by the government, agribusiness in the
Republic of Kazakhstan is largely ceded to the European countries, which are the undisputed leaders.
One of the problems of agricultural development in Kazakhstan remains the problem of providing veterinary safety. Development of the system of veterinary safety is constrained by a number of factors. Most of the livestock is in personal farmsteads, which makes it difficult to control. To date, information systems do not provide traceability "from farm to table" and it is not able to conduct epizootic surveillance, monitoring and forecasting of outbreaks. Livestock identification is a difficult procedure due to a number of problems, such as decentralized procurement, duplication, loss of tags, inability of the owners to return the cost of tags and electronic identification system is not available for online unsecured network of rural settleme nts. There is no strict control of veterinary drugs, diagnostic kits. The existing infrastructure does not provide the proper level of veterinary safety; veterinary organizations (utilities state enterprises, regional and district veterinary laboratories) are not properly equipped with all necessary equipment.
Today, the accession of the Republic of Kazakhstan in the EurAsEC our state confronts new challenges and goals. In the first place, it requires improving the veterinary legislation of the Republic of Kazakhstan. New legal levers must not only strengthen veterinary control, but also to improve the veterinary infrastructure in all rural settlements.

Proceedings of 3rd European Business Research Conference
4 - 5 September 2014, Sheraton Roma, Rome, Italy , ISBN: 978-1-922069-59-7
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Anon., July 10, 2002 № 339-II . Law of Republic of Kazakhstan On Veterinary. Astana:
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Kalymbek, B., 2010. Legal providinn of veterinary security in Republic of Kazakhstan.
Almaty: s.n.
Sartayev, S. N. L., 2002. Formation of the Constitution of the Republic of Kazakhstan: problems and prospects. Almaty: s.n.
Zhatkanbaeva, A., 2009. Legal aspects of information security in the Republic of
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