Modern legal forms of ensuring the production and turnover of organic products

Annotation. Organic products are a complex subject of technical regulation that combines requirements for products and processes of their production, is directly related to the strict requirements and principles of organic agriculture and has its own features of conformity assessment. The Republic of Kazakhstan is at the stage of forming a legal and regulatory framework for organic products and the specifics of their production, while many countries (in particular the United States and the EU) have been closely engaged in these issues for more than 20 years. The development of organic agriculture and its production in Kazakhstan has great potential. The experience of countries with significant growth rates of organic production has shown that the main factors for the effective development of the organic agriculture sector is the establishment of legal frameworks and the development of state instruments for regulating and controlling organic products. In 2015, the law established that organic products are ecologically clean agricultural products, raw materials and foodstuffs, the production of which meets the requirements of the ROK law dated November 27 2015 No. 423-V "On organic production". The article provides an overview of the formation of the legal framework for the production of organic products in the world, international law in terms of production and confirmation of compliance of advanced countries in the field of organic agriculture, as well as the current state of legislation in some countries of the post-Soviet space and the Republic of Kazakhstan. The law "on the production of organic products" is the basis for legal self-determination of organic products and their production processes, as well as an incentive to the formation and development of the organic sector in the Republic of Kazakhstan.

Keyword. Organic products, production, turnover, legal forms, legislation, technical regulation.

Introduction
The legal and regulatory framework for organic production, developed in the United States, Canada, and several European countries more than 30 years ago, laid the Foundation for the modern world market for organic products. Currently, the market occupies from 7 % to 10 % of the global market for agricultural products. To date, more than 700 organizations carry out the control and certification of organic products. Most standards in this area are adopted in the United States, Japan, China, and Germany. Of the 179 countries that produce organic products, 87 have their own laws regarding the production and turnover of organic products, 17 are in the process of developing and adopting a legislative and regulatory system, 20 have standards without a legal framework, 55 countries work according to international standards and do not have special laws [1-5].

Main part
The basis for the formation of the legal framework for the production of organic products begins in 1924, when the first sign of organic production Demeter appeared, which is still in effect. In 1967, the first organic agriculture standards of the Soil Association were developed. The Association of disparate national movements in France, great Britain, Sweden, South Africa, and the United States grew into the International Federation of the organic agriculture movement (IFOAM) in 1972. Today it includes more than 760 organizations and associations from more than 100 countries. The first laws on organic agriculture in the United States were adopted in Oregon (1974) and California (1979). at the same time, there are many certifying organizations of organic products in the United States and Europe.
In 1980, the basic standards for organic products (IFOAM Basic Standards – IBS) and the IFOAM certification system were published. The US organic food Production Act was published in 1990. the following year, the European system of regulation in the field of organic agriculture was approved by the EU Council Resolution no.2092/91 of 24.06.1991. The Codex Alimentarius CAC / GL 32-1999 standard "Guidelines for the manufacture, processing, labeling and sale of organic food" was developed in the late 90's. At the same time, the first laws in the field of organic agriculture were adopted in Japan (JAS), India (2001), China (2005) and Canada (2006) [2, 6-8].
International and foreign legal systems combine different approaches to regulating the production of organic products. There are currently three main international document systems in use in the world: the Codex Alimentarius Commission guidelines, the IFOAM basic standards (IBS), and the EU Regulations [2, 7, 9].
At the international legal level, Codex Alimentarius (Food Code) standards are applied, establishing General directions of organic production. The Codex Alimentarius Commission is an intergovernmental organization established by the Food and agriculture Organization of the United Nations (FAO) and who. The Commission develops common international standards for food products, as well as guidelines, norms and rules designed to protect consumer health and ensure compliance with trade rules in the food sector. In addition, the Commission coordinates the activities of international public and private organizations related to the development of standards for all food products. CAC/GL 32-1999 is designed to unify requirements for the production and labeling of organic food, as well as requirements for the accuracy of information provided about food products entering international markets. The guidelines establish rules for growing organic products on farms, preparing them, storing them, transporting them, labeling them, and selling them; sets limits on the permissible amount of drugs and elements allowed for fertilization and soil preparation, pest control and plant diseases, as well as used as technological food additives. It is prohibited to use terms that suggest that organic production methods were used for labeling purposes for products obtained from producers under the supervision of a certification body. In the field of production, processing, labeling and marketing of organic food, regulations of individual international industry organizations are also common. These include the IFOAM core standards, which are intended as a guide for national organizations to develop their own standards. IFOAM has created and maintains a system of guarantees for organic production – participant Guarantee Systems (PGS) – designed to unify standards, compliance control procedures and market identity in the field of organic production. The system includes the IFOAM family of standards, the standard for organic production and processing (IBS), the IFOAM community of advanced standards, the world organic mark, and the IFOAM accreditation and Global organic systems (GOSA) [2].
At the regional level, certain supranational organizations (EU) have adopted regulations governing organic production – Council Regulation 834/2007 of 28.06.2007 "on environmental production and labelling of environmental products and on the termination of regulation EEC 2092/91" and Commission Regulation (EU) no 889/2008 of 05.09.2008 with provisions on the procedure for implementing Council Regulation (EU) no 834/2007 on environmental production and labelling of environmental products in relation to environmental production, labelling and control of products [2, 10].
Council regulation 834/2007 is the basis for sustainable development of environmental production. It guarantees the smooth functioning of the domestic market, ensuring fair competition, which justifies the trust of consumers and protects their interests. It defines the General goals and main directions that affect all stages of production, processing and marketing of environmental products, as well as their control; the use of data in labeling and advertising that indicate environmental production. Regulation no 889/2008 contains specific requirements for environmental production, labelling and control of products in accordance with part 2 of article 1 of Regulation (EC) no 834/2007.
On may 30, 2018, the new EU Regulation no 2018/848 on the production and labelling of organic products was adopted. It will enter into force on January 01, 2021 and replace the current Regulations. The new document provides for stricter control of the supply chain and rules for importing products; strengthening measures to prevent accidental contamination of products with pesticides; expanding the list of products that can be certified as organic; prohibiting the use of the hydroponic production method; preventing the use of artificial nanomaterials in the production of products; opportunities for applying group certification for small businesses. The new regulation provides for two schemes for importing products to the EU: a trade agreement with third countries on the equivalence of organic production systems and certification of products by authorized bodies, the list of which has not yet been formed. However, in the EU, organic agriculture is characterized as a long-term solution to the problem of preserving natural resources, developing rural areas and promoting public health. Some States also apply national regulations [2, 10, 11].
National associations and unions of producers in various countries (Germany, Switzerland, France) practice applying their own standards of organic production. In the United States, the main standard is the "organic food production Act", adopted in 1990 [10].