About culture
Law of the Republic of Kazakhstan dated December 15, 2006 No. 207
This Law regulates public relations in the field of creation, revival, preservation, development, dissemination and use of culture in the Republic of Kazakhstan and determines the legal, economic, social and organizational foundations of state policy in the field of culture.
Chapter 1. GENERAL PROVISIONS
Article 1. Basic concepts used in this
Law
The following basic concepts are used in this Law:
1) a compulsory free copy of the publication – a copy of the publication (text, sheet music, electronic, cartographic, artwork) subject to transfer by producers to national libraries in order to preserve the cultural heritage of the people of Kazakhstan;
1-1) cinematographic organization – a legal entity, the main activities of which are: film production and (or) cinematography, film rental, film screening, film restoration, cinema hall maintenance, production of film materials, performance of work and provision of services for film production, educational , scientific, research, publishing, advertising and propaganda activities in the field of cinematography, storage of a film, film source materials and (or) cinematography;
1-2) film chronicle – filming documentary plots reflecting the characteristic (mostly outgoing) features of time, place, circumstances and calculated in the future for the production of a film;
1-3) artistic values - works of culture, literature and art created as a result of creative activity;
2) sectoral incentive system – a form of moral incentives for workers in culture, literature and art for their contribution to the development of the industry;
2-1) intangible cultural heritage of the Republic of Kazakhstan – customs, forms of presentation and expression, knowledge and skills, as well as related tools, objects passed from generation to generation and which are intangible cultural values;
3) the cultural heritage of the people of the Republic of Kazakhstan – a set of cultural values of state significance, exclusively belonging to the Republic of Kazakhstan without the right to transfer them to other states;
3-1) socially significant literature – relevant works aimed at increasing the spiritual, educational and intellectual and cultural potential of society;
3-2) protection of intangible cultural heritage – taking measures to ensure the viability of the intangible cultural heritage, including its identification, documentation, research, preservation, protection, popularization, promotion, and revitalization;
3-3) National list of elements of intangible cultural heritage – a list of cultural values of the intangible cultural heritage of the people of Kazakhstan;
4) culture – a set of material and spiritual values created and created by mankind and aimed at harmonious development of the individual, fostering patriotism and meeting the aesthetic needs and interests of citizens of the Republic of Kazakhstan;
5) cultural worker – an individual whose professional activity is related to the preservation, development, dissemination, use of cultural values and the introduction of citizens to them;
6) socially significant events in the field of culture – events for holding commemorative and anniversaries, days of culture, festivals, reviews, competitions, exhibitions and perpetuating the memory of prominent figures of the state at the international, republican and local levels;
7) activities in the field of culture – the activities of state bodies, legal entities and citizens to create, revive, preserve, develop, disseminate and use cultural values, as well as familiarize citizens with them;
8) state policy in the field of culture – a set of measures taken by state bodies aimed at the creation, revival, preservation, development, dissemination and use of cultural and spiritual values;
9) the authorized body in the field of culture (hereinafter referred to as the authorized body) – the central executive body that exercises leadership and intersectoral coordination in the field of culture;
10) cultural organizations – legal entities created in accordance with the legislation of the Republic of Kazakhstan, the main subject of activity of which is the implementation of activities in the field of culture;
11) certification of employees of state cultural organizations – a procedure carried out in order to determine the compliance of the qualification level of employees of state cultural organizations with qualification requirements;
12) cultural values - tangible and intangible values of a secular and religious nature that have historical, artistic, scientific or other cultural significance;
13) subjects of cultural activity – state bodies, local executive bodies, individuals and legal entities participating in activities in the field of culture;
13-1) museum fund – a set of cultural values held in the funds of state museums, museum-reserves and other state organizations and belonging to the Republic of Kazakhstan;
14) national cultural heritage – material cultural values of particular importance for the history and culture of the country and included in the State Register of Objects of National Cultural Heritage;
15) special regime of objects of national cultural heritage – measures taken by the state for the preservation, maintenance, restoration, protection and use of objects of historical and cultural heritage;
16) State register of objects of national cultural heritage – a list of national cultural heritage that is of particular importance for the history and culture of the country (hereinafter – the State Register);
16-1) film – an audiovisual work created in any form and in various genres on the basis of a creative concept, consisting of an image, soundtrack, recorded on film, magnetic tape or other types of media and connected into a thematic whole of sequentially interconnected frames, and intended for perception with the help of appropriate technical means;
16-2) film duplication – creative and production activity, consisting in the simultaneous recreation of the linguistic part of the sound sequence of the film in another language by translation, which corresponds to the syllabic articulation of the characters;
16-3) State Film Fund – a legal entity determined by the Government of the Republic of Kazakhstan, which stores national films, films of joint production, as well as their source materials;
16-4) State Register of Films – a list of films, rental and public screening (demonstration) of which are carried out on the territory of the Republic of Kazakhstan;
16-5) film rental – distribution of a film in ways not prohibited by the laws of the Republic of Kazakhstan, for the purpose of public screening (demonstration), distribution on TV channels (except for foreign TV channels), leasing, as well as sale;
16-6) duplication of a film – making one or more copies of a film (circulation) on any kind of media and in the original format for distribution;
16-7) film production – the process of implementing the author’s creative intention, as a result of which an audiovisual work is created;
17) creative worker – an individual whose professional or amateur creative activity is aimed at creating artistic values, reproduction or interpretation (translation) of works of literature and art;
18) creative activity – activity aimed at the creation of artistic values or the interpretation (translation) of works of literature and art in any form and in any way;
19) creative union – a public association of professional creative workers of one or several genres of culture, created on the basis of their individual membership.
Footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010); dated 18.01.2012 No. 546-IV (shall be enforced upon expiry of thirty calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.10.2015 No. 368-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 2. Legislation of the Republic of Kazakhstan
on culture
1. The legislation of the Republic of Kazakhstan on culture is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law, then the rules of the international treaty shall apply.
Article 3. Principles of state policy in the field of
culture
The main principles of the state policy of the Republic of Kazakhstan in the field of culture are:
1) state support of culture, preservation and development of the cultural heritage of the people of Kazakhstan;
2) ensuring the rights and freedoms of citizens of the Republic of Kazakhstan in the field of culture;
3) excluded by the Law of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010);
4) protection of historical and cultural heritage and ensuring continuity in their development;
5) development of cultural ties with compatriots living abroad, as one of the factors for maintaining the integrity and mutual enrichment of the Kazakh national culture;
6) creation of legal guarantees for the preservation of the historical heritage of the Kazakh people and ethnic diasporas, the development and reproduction of the creative potential of society;
7) excluded by the Law of the Republic of Kazakhstan dated May 27, 2010 No. 280-IV (shall be enforced from December 03, 2010);
8) excluded by the Law of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010);
9) the formation of a competitive environment between the subjects of cultural activity;
10) ensuring the integration of the culture of the people of Kazakhstan into the world cultural space.
Footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010).
Article 4. The main tasks of the state in the field of culture
The main tasks of the state in the field of culture are:
1) implementation of the state policy in the field of culture;
2) taking measures aimed at the revival, preservation, development and dissemination of the culture of the people of the Republic of Kazakhstan;
3) creating conditions for the patriotic and aesthetic education of citizens by introducing them to the values of national and world culture;
4) ensuring free access to cultural values;
5) establishment of minimum state standards for cultural services to the population;
6) ensuring the development of infrastructure and strengthening the material and technical base of state cultural organizations;
7) providing support for talented individuals;
8) taking measures to prevent, in the field of propaganda or agitation, a violent change of the constitutional order, violation of the integrity of the Republic of Kazakhstan, undermining the security of the state, war, social, racial, national, religious, class and tribal superiority, as well as the cult of cruelty and violence;
9) obstacle to illegal export and import, illegal transfer of the owner’s powers to cultural values, taking measures to return them from any illegal possession;
10) creating conditions for international cooperation in the field of culture;
11) ensuring the implementation of the rights of citizens to protect and develop national and cultural identity, including freedom of participation in national-cultural associations, the creation of cultural organizations, participation in the expansion of cultural ties with compatriots abroad in accordance with the laws of the Republic of Kazakhstan.
Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010).
Chapter 2. STATE GOVERNANCE IN THE FIELD OF CULTURE
Article 5. State administration of activities in the
field of culture
1. State administration in the field of culture is carried out by the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, an authorized body and local executive bodies.
2. State bodies, within their competence, participate in the implementation of state policy in the field of culture.
Footnote. Article 5 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 6. Competence of the Government of the Republic of Kazakhstan
The Government of the Republic of Kazakhstan:
1) develops the main directions and ensures the implementation of state policy in the field of culture, as well as international cultural relations;
2) 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) issues normative legal acts regulating activities in the field of culture;
4) excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);
5) excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
6) excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
7) excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
8) makes decisions on the creation, reorganization and liquidation of state cultural organizations;
9) 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);
10) establish the procedure and rules for awarding state scholarships in the field of culture;
11) submits for approval by the President of the Republic of Kazakhstan the procedure and conditions for assigning the status “National” to state cultural organizations, individual professional artistic, creative teams;
12) excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
13) excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
14) excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
15) performs other functions assigned to it by the Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 7. Competence of the authorized body
The authorized body:
1) creates conditions for the development of the culture of the people of the Republic of Kazakhstan;
1-1) carries out coordination and methodological guidance of local executive bodies in the field of culture;
2) develops, approves and implements scientific programs in the field of culture;
3) within its competence, develops, approves regulatory legal acts on cultural issues;
4) excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
5) excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
6) organizes on the territory of the Republic of Kazakhstan events for the registration, protection, conservation, restoration and use of cultural values, as well as for perpetuating the memory of prominent cultural figures of the country;
6-1) maintains the State Register of National Cultural Heritage Objects and the National List of Elements of Intangible Cultural Heritage;
7) supports and coordinates the activities of state cultural organizations of republican significance for the development of theatrical, musical art, cinematography, library and museum affairs, ensures the activities of republican state institutions in the field of culture;
8) makes proposals for the creation, reorganization and liquidation of state cultural organizations;
9) carries out socially significant events in the field of culture;
9-1) forms, places and controls the publication of socially significant literature at the republican level, as well as the creation of national films;
9-2) develops and approves the rules for publishing socially significant literature;
10) makes proposals on the awarding of honorary titles and state awards of the Republic of Kazakhstan to cultural and art workers, rewarding creative teams in the manner established by the legislation of the Republic of Kazakhstan;
10-1) excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication);
11) develops and approves the industry incentive system;
11-1) develops and approves the procedure and conditions for assigning the status “Academic” to state cultural organizations, individual professional artistic and creative teams;
12) establishes national (republican) and international competitions and festivals, awards and prizes in various fields of creative activity;
12-1) develops and approves standard rules for holding republican competitions and festivals;
13) excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
14) develops and approves standard qualification requirements for categories of employees of state cultural organizations;
15) approves the rules for attestation of employees of state cultural organizations;
15-1) develops and approves the rules for the provision of paid activities for the sale of goods, works, services by state libraries, state museums and museum-reserves and their spending of money from the sale of goods, works, services;
16) conducts certification of republican cultural organizations;
17) organizes a system of retraining and advanced training for all categories of cultural workers;
18) carries out and coordinates activities in the field of international cultural cooperation;
18-1) at the suggestion of state bodies, local executive bodies, individuals and legal entities, sends applications for inclusion in the Representative List of the Intangible Cultural Heritage of Humanity and the list of intangible cultural heritage in need of urgent protection by UNESCO, elements of the intangible cultural heritage of the people of Kazakhstan;
19) excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
20) approves the procedure for the formation and maintenance of the museum fund of the Republic of Kazakhstan;
21) creates branch art councils and approves regulations on them;
21-1) develops and approves the rules for maintaining the State Register of National Cultural Heritage Objects and the National List of Elements of Intangible Cultural Heritage;
22) excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
23) approves the standard regulation on the expert commission for the temporary export of cultural property;
23-1) develops and approves the rules for issuing a certificate for the right of temporary export of cultural property;
23-2) approves the minimum state standards for a network of cultural organizations and standard staffs of state cultural organizations of regional, city of republican significance, the capital, district, cities of regional significance, rural levels;
23-3) develops and approves the procedure for issuing a rental certificate for a film;
23-4) in agreement with the authorized body in the field of education, develops and approves the rules for the activities of educational organizations in the field of culture and art;
23-5) coordinates with the authorized body in the field of education standard curricula and curricula of all levels of education in the field of culture and art;
23-6) participates in the formation of the state educational order for the training of specialists with higher and postgraduate education, as well as with technical and professional, post-secondary education in educational institutions in the field of culture and art, financed from the republican budget;
24) 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);
25) within its competence, coordinates the activities of cultural organizations of the republic (rural, settlement, district, city, regional, republican), interacts with creative unions and other organizations, regardless of the form of ownership on cultural issues;
26) carries out a set of activities aimed at finding and supporting talented youth and promising creative teams;
27) coordinates the repertoire policy in the field of musical and theatrical art;
28) develops and approves the position and procedure for conferring the title “People’s” (exemplary) to amateur art groups;
29) creates an expert commission for the special treatment of objects of national cultural heritage;
30) promotes the development of cultural ties with compatriots;
Note of the RCLI!
Subparagraph 31) shall be enforced from 01.01.2011 (see article 2 of the Law of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV).
31) maintains the State Register of Films;
Note of the RCLI!
Subparagraph 32) shall be enforced from 01.01.2011 (see article 2 of the Law of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV).
32) issues rental certificates for films and withdraws them in court;
33) considers proposals of the heads of republican state cultural organizations, as well as heads of local executive bodies of regions, a city of republican significance, the capital on assigning the status “Academic” to state cultural organizations and individual professional artistic, creative groups and makes proposals to the Government of the Republic of Kazakhstan on assigning the status of “Academic »State cultural organizations and individual professional artistic and creative teams;
34) makes proposals to the Government of the Republic of Kazakhstan on the assignment of the status “National” to state cultural organizations and individual professional artistic and creative teams;
35) develops and approves the criteria for determining the film index;
35-1) agrees or refuses to approve the designations that are the property of the history and culture of the Republic of Kazakhstan for their use as a trademark, service mark, appellations of origin of goods in accordance with the request of the authorized state body in the field of protection of trademarks, service marks, appellations of origin of goods;
35-2) develops and approves the rules for creating a fund-purchasing (fund-selection) commission in state museums;
35-3) develops and approves instructions for recording, transferring and writing off stage and production facilities of state theaters and concert and entertainment organizations;
35-4) develops and approves instructions for recording, storing, using and writing off museum items of the museum fund of the Republic of Kazakhstan;
35-5) develops and approves instructions for recording and writing off the library fund of state libraries;
35-6) develops and approves the rules for the formation, preservation and use of the library fund of state libraries;
35-7) develops rules for the payment of subsidies to state theaters, concert organizations, cultural and leisure organizations, museums and circuses and approves them in agreement with the central authorized body for state planning and the central authorized body for budget planning;
36) perform other functions provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan.
Footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010); dated 12.01.2012 No. 537-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication); from 29.09. 2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 28.10.2015 No. 368-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 8. Competence of the local executive body of a
region, a city of republican significance and the
capital
Footnote. The heading of Article 8 as amended by the Law of the Republic of Kazakhstan dated May 27, 2010 No. 280-IV (shall be enforced from December 03, 2010).
Local executive body of a region, a city of republican significance and the capital:
1) 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);
1-1) implements state policy in the field of culture;
2) creates, reorganizes, liquidates state cultural organizations of the region, the city of republican significance and the capital in the field of theatrical, musical and film art, cultural and leisure activities, library and museum affairs, and also coordinates their activities;
3) supports and coordinates the activities of state cultural organizations of the region, the city of republican significance, the capital for the development of theatrical, circus, musical and film art, cultural and leisure activities and folk art, library and museum affairs, ensures the activities of institutions of the region, the city of republican significance and the capital in the field of culture;
4) organizes the holding of regional (regional) reviews, festivals and competitions in various fields of creative activity;
4-1) has the right to organize the holding of republican competitions and festivals in various fields of creative activity in agreement with the authorized body;
5) organizes work on accounting, protection, conservation and restoration, as well as the use of cultural values of the region, city of republican significance, the capital, perpetuating the memory of prominent cultural figures of the country;
6) creates an expert commission for the temporary export of cultural property and approves the regulations on it;
7) monitors the activities of cultural organizations located in the relevant territory and provides information to the authorized body, as well as statistical reports of the established form;
8) carries out spectacular cultural events at the level of the region, city of republican significance and the capital;
9) carries out certification of state cultural organizations of the region, the city of republican significance and the capital;
10) within its competence, manage communal property in the field of culture;
10-1) appoints the head of the department of culture of the region, the city of republican significance and the capital in agreement with the authorized body;
11) acts as a customer for the construction, reconstruction and repair of cultural facilities of the region, the city of republican significance and the capital;
12) organizes work on the preservation of historical and cultural heritage, promotes the development of historical, national and cultural traditions and customs;
13) excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
13-1) issues a certificate for the right of temporary export of cultural property;
14) assigns the status of “Central” to one of the state libraries of the region, the city of republican significance, the capital;
14-1) carries out a set of activities aimed at finding and supporting talented youth and promising creative teams;
14-2) carries out socially significant events in the field of culture;
14-3) ensures compliance with the special regime of objects of national cultural heritage;
15) exercise, in the interests of local government, other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.
Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 19.03.2010 No. 258-IV; dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 28.10.2015 No. 368-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 9. Competence of the local executive body of a
district, a city of regional significance
Footnote. The heading of Article 9 as amended by the Law of the Republic of Kazakhstan dated May 27, 2010 No. 280-IV (shall be enforced from December 03, 2010).
The local executive body of a district, a city of regional significance:
1) creates state cultural organizations of a district, a city of regional significance in the field of theater, music and cinema, library and museum affairs, cultural and leisure work, and also provides support and coordination of their activities;
2) organizes work on the registration, protection and use of cultural property;
3) carries out spectacular cultural events of the region, the city of regional significance, as well as shows, festivals and competitions among amateur creative associations;
4) excluded by the Law of the Republic of Kazakhstan dated May 27, 2010 No. 280-IV (shall be enforced from December 03, 2010);
5) conducts attestation of state cultural organizations of a district, a city of regional significance;
6) within its competence, manage communal property in the field of culture;
7) acts as a customer for the construction, reconstruction and repair of cultural facilities of a district, a city of regional significance;
8) supports and assists in the material and technical support of state cultural organizations;
9) assigns the status “Central” to one of the state libraries of a district, a city of regional significance;
10) exercise, in the interests of local government, other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.
Footnote. Article 9 as amended by the Laws of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 28.10.2015 No. 368-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 9-1. Compliance with the rules of ensuring the safety of
citizens during spectacular
cultural events
1. Objects and structures intended for spectacular cultural events must comply with the rules for the operation of structures and fire safety.
2. In case of violations of the requirements of the rules for the operation of structures and fire safety, complicating the safety of citizens and participants, including in terms of the dilapidation of the supporting structures of the stands, the placement of flammable and hazardous substances and materials in the under-stands premises, the absence of emergency lighting and escape routes, or malfunctioning of fire protection equipment, as well as violations of the rules for the installation and operation of electrical equipment that could lead to a fire, local executive bodies, on the proposal made by the emergency authorities themselves or at the initiative of the internal affairs bodies, prohibit the performance of spectacular cultural events until the identified violations of security conditions.
3. Organizers of spectacular cultural events held in places not specially designed for these purposes (stadiums, recreation areas, parks, squares, squares, streets), no later than ten days before the event, must inform local executive bodies about the expected number of spectators, per day – on the number of tickets sold, passes issued, including for vehicles, as well as parking places for special equipment of the internal affairs bodies, emergency situations and health care.
Footnote. The Law was supplemented by Article 9-1 in accordance with the Law of the Republic of Kazakhstan dated December 29, 2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Chapter 3. RIGHTS AND OBLIGATIONS OF CITIZENS IN THE FIELD OF CULTURE
Article 10. Rights of citizens to creative activity
in the field of culture
1. Citizens have the right to creative activity in accordance with their abilities through an independent choice of the sphere of their application, forms of implementation and obtaining professional education.
Engaging in creative activities can be carried out both on a professional and non-professional (amateur) basis.
2. Citizens are guaranteed the right to familiarize themselves with cultural values. The restriction of this right can only be determined by the special regime of objects of national cultural heritage.
3. Professional and non-professional (amateur) creative workers are equal in the field of intellectual property rights, freedom to dispose of the results of their work, and government support.
Профессиональная и непрофессиональная (любительская) творческая деятельность граждан осуществляется на коллективной или индивидуальной основе.
4. Every citizen has the right to be the owner of cultural property. The acquisition, use and disposal of private property are governed by the laws of the Republic of Kazakhstan.
5. Every citizen, in accordance with the legislation of the Republic of Kazakhstan, has the right to export abroad and organize exhibitions or in other ways to present and implement their creative activities.
Footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010).
Article 11. Duties of citizens in the field of culture
Citizens are obliged:
1) to comply with the requirements of the legislation of the Republic of Kazakhstan in the field of culture;
2) take care of the preservation of cultural property;
3) respect the national culture, customs, traditions of the Kazakh people and ethnic groups, the state language and other languages.
Footnote. Article 11 as amended by the Laws of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010); dated 28.10.2015 No. 368-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 12. Obligations of the state to ensure the rights of
citizens to activity in the field of culture
1. The state guarantees citizens the right to activity in the field of culture by ensuring the right to participate in cultural life, access to cultural values, and education in the field of culture and art.
2. State bodies contribute to the promotion of the cultural heritage of the people of the Republic of Kazakhstan in the media and cultural organizations.
Article 12-1. Minimum social standards in the field of culture
The minimum social standard for ensuring the accessibility of services of state cultural organizations and the minimum social standard for ensuring access for persons with disabilities to cultural and entertainment events held by state cultural organizations are the minimum social standards in the field of culture in accordance with the Law of the Republic of Kazakhstan “On minimum social standards and their guarantees.”
Footnote. Chapter 3 is supplemented by article 12-1 in accordance with the Law of the Republic of Kazakhstan dated May 19, 2015 No. 315-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Chapter 4. LEGAL STATUS OF CREATIVE WORKERS AND
CULTURAL WORKERS, CREATIVE UNIONS AND NON-PROFESSIONAL
(AMATEUR) CREATIVE ASSOCIATIONS
Article 13. Status of a creative worker
Footnote. Article 13 is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 14. Rights and obligations of the creative worker
and cultural worker
1. A creative worker has the right to:
1) protection of information, the disclosure or loss of which inflicts or may harm his interests related to the implementation of creative activity;
2) involvement of third parties in its activities;
3) participation in the formation of state policy in the field of culture;
4) joining public associations, associations and unions for creative and professional interests;
5) access to archives, libraries, museums and other cultural organizations for the implementation of creative activities.
2. A cultural worker has the right to:
1) join professional, creative unions and other public associations;
2) providing conditions for the implementation of professional activities;
3) raising the qualification level at the expense of the state budget or the employer, if he is an employee of a non-state cultural organization;
4) retraining at the expense of the state budget or the employer;
5) additional payments and allowances in the manner established by the legislation of the Republic of Kazakhstan.
3. A creative worker and a cultural worker in carrying out their activities shall comply with the requirements of the legislation of the Republic of Kazakhstan.
Article 15. Social protection of artists and
cultural workers
1. Social protection and insurance of creative workers and cultural workers, whose activities are associated with harmful (especially harmful) working conditions, increased risk and threat of occupational diseases, as well as their retirement benefits are carried out in the manner and under the conditions stipulated by the laws of the Republic of Kazakhstan.
2. For the purpose of state support for creative workers and cultural workers, awarded honorary titles and state awards of the Republic of Kazakhstan, as well as especially gifted young creative workers, state scholarships in the field of culture are established in the manner established by the Government of the Republic of Kazakhstan.
Article 16. Creative unions
1. For the implementation of creative activities in the field of culture, requiring joint efforts, creative unions may be formed on a voluntary basis.
2. In the Republic of Kazakhstan, republican, regional and local creative unions may be created and operate.
3. A creative union is recognized as republican if it has structural subdivisions (branches and representative offices) on the territory of more than half of the regions of the Republic of Kazakhstan.
4. Regional creative unions are recognized as having structural subdivisions (branches and representative offices) on the territory of less than half of the regions of the Republic of Kazakhstan.
5. Local creative unions are creative unions whose activities are carried out on the territory of one region, a city of republican significance and the capital.
5-1. 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).
6. Relations of creative unions with international creative organizations are regulated by laws, as well as international treaties of the Republic of Kazakhstan.
7. Creation, reorganization and liquidation of creative unions are carried out in accordance with the procedure established by the civil legislation of the Republic of Kazakhstan.
Footnote. Article 16 as amended by the Laws of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 17. Membership in a creative union
1. The right to join a creative union has a creative worker who meets the requirements established by the charter of the creative union.
2. Requirements made by the charter of a creative union to candidates and members should not infringe on the property and non-property rights of citizens, should promote the unification of the most qualified representatives of the relevant creative professions, increase their professional and creative growth.
Article 18. Non-professional (amateur) creative
associations and collectives
Non-professional (amateur) creative associations and collectives are created on the initiative of citizens, public associations, cultural organizations, local representative and executive bodies and operate in accordance with the legislation of the Republic of Kazakhstan.
Chapter 5. ACTIVITIES IN THE FIELD OF CULTURE
Article 19. Organization of activities in the field of culture
Activities in the field of culture are carried out through the creation, promotion, dissemination, provision and protection of cultural values by individuals and legal entities, by ensuring the functioning of theaters, philharmonic societies, orchestras, circuses, studios, schools, workshops, performing groups, museums, libraries, art salons and galleries, cinemas and cinema installations, cultural and leisure organizations, research and restoration centers, cultural and historical centers, historical, cultural and natural reserves, zones and other cultural organizations.
For the development of culture, funds for the development of culture may be created, carrying out their activities in accordance with the legislation of the Republic of Kazakhstan.
Article 19-1. Industry art councils
1. In order to improve the state policy in the field of culture, the authorized body creates consultative and advisory bodies – branch art councils for theatrical, musical and concert activities, circus art, film industry, museum business and archeology, fine arts, architecture and design, literature and book publishing.
The branch art councils include prominent figures, scientists, specialists, representatives of creative associations in the field of culture.
2. The main function of sectoral art councils is to develop proposals for the coordination of the activities of state cultural organizations in order to create a competitive domestic product – highly artistic works of culture and art.
Footnote. Chapter 5 is supplemented by article 19-1 in accordance with the Law of the Republic of Kazakhstan dated 28.10.2015 No. 368-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 20. Cultural organizations
1. Creation, reorganization and liquidation of cultural organizations are carried out in accordance with the procedure established by the civil legislation of the Republic of Kazakhstan.
2. The types of activity of cultural organizations are determined by their founders and reflected in their charters.
3. Cultural organizations, carrying out their activities in accordance with the legislation of the Republic of Kazakhstan, may be state, non-state and international.
Article 20-1. Certification of state cultural organizations
1. Certification of state cultural organizations is carried out to assess the effectiveness of their main activities and rational use of material, labor and financial sources, to streamline their networks and structures on this basis.
2. All state cultural organizations are subject to attestation every five years.
3. Certification of state cultural organizations is carried out by the authorized body and local executive bodies of a region, a city of republican significance, the capital, a district, a city of regional significance in the manner established by the Government of the Republic of Kazakhstan.
Footnote. The Law was supplemented by Article 20-1 in accordance with the Law of the Republic of Kazakhstan dated May 27, 2010 No. 280-IV (shall be enforced from December 03, 2010).
Article 21. Status of cultural organizations
1. State cultural organizations, individual professional artistic and creative teams, whose activities in the field of culture have a special state and social significance, may be assigned the status of “National”.
The “National” status is assigned by the President of the Republic of Kazakhstan on the proposal of the Government of the Republic of Kazakhstan in the manner approved by the President of the Republic of Kazakhstan.
2. State cultural organizations, individual professional art and creative teams, which are leading in their field, for their significant contribution to the formation, development and promotion of national cultures and art by the Government of the Republic of Kazakhstan is assigned the status of “Academic”.
2-1. Regional, city of republican significance, the capital, city and district, city of regional significance, libraries leading the formation, storage and provision of library users with universal collections of documents, organizing the mutual use of library resources and providing methodological assistance to other libraries, local executive bodies of the corresponding administrative-territorial unit are assigned status “Central” in the manner approved by the authorized body.
3. State cultural organizations are not subject to alienation.
Footnote. Article 21 as amended by the Laws of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010); dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication).
Article 22. Theaters
1. Theaters – entertainment organizations (dramatic, musical-dramatic, musical, choreographic, puppet, pantomime, satire and humor, for children and youth, youth, experimental and others), performing stage performances of works of literature and art.
2. Theaters, regardless of their form of ownership, are free in the choice of artistic directions, repertoire, decision-making on the public performance of works of literature and art, the creation and popularization of stage works, as well as the implementation of other activities necessary for effective creative and industrial development that does not contradict the laws of the Republic of Kazakhstan …
3. In order to involve citizens in the sphere of cultural life, state theaters are allocated budget subsidies from budget funds to cover losses associated with the provision of services to ensure the availability of theater events for the population, in the manner prescribed by the budgetary legislation of the Republic of Kazakhstan.
Article 22-1. Circus
1. Circuses are theater and entertainment organizations that perform stage performances of works of the variety and circus genre.
2. Circuses are free to choose artistic directions, repertoire, make decisions on public performance of works of variety and circus genre, create and popularize stage works, as well as carry out other activities necessary for effective creative and industrial development that does not contradict the laws of the Republic of Kazakhstan.
3. In order to involve citizens in the sphere of cultural life, state circuses are allocated budget subsidies from budget funds to cover losses associated with the provision of services to ensure the availability of circus events for the population.
Footnote. Chapter 5 is supplemented by Article 22-1 in accordance with the Law of the Republic of Kazakhstan dated 28.10.2015 No. 368-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 23. Concert organizations
1. Concert organizations are entertainment organizations that implement a set of measures to create conditions for the public performance of works of literature and art and the popularization of art groups and individual performers.
2. The main tasks of concert organizations are musical and aesthetic education, providing conditions for creating highly artistic programs and performances, organizing concerts of professional art groups and individual performers, and carrying out musical and educational activities.
3. Concert organizations are independent in conducting creative programs and choosing a repertoire.
4. In order to involve citizens of the republic in the sphere of cultural life from the state budget, state concert organizations are allocated subsidies to cover losses associated with the provision of services to ensure the availability of concert events for all segments of the population of the republic, the promotion of classical, folk, musical and choreographic art, in the manner established by the budgetary legislation of the Republic of Kazakhstan.
Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010).
Article 24. Librarianship
1. Librarianship is a branch of culture, the tasks of which include the creation and development of a network of libraries, the formation and processing of their collections, the organization of library, information and information-bibliographic services for library users, training and advanced training of library personnel, scientific and methodological support for the development of libraries.
2. Library – a cultural organization that performs informational, cultural, educational functions, has an organized fund of printed and handwritten documents, as well as graphic, audiovisual materials, documents on electronic media, and provides them for temporary use to individuals and legal entities.
The library, the collection of which consists only of documents on electronic media (electronic library), provides services using information and telecommunication means with indirect (at a distance) or not completely mediated interaction with users.
2-1. The formation of the library fund of libraries is carried out through the purchase, book exchange, donation and gratuitous receipt of books published by the state order.
The library fund of national libraries is also formed by obtaining a compulsory free copy of the publication.
2-2. Obligatory free copies of publications within thirty calendar days from the date of production are sent by the manufacturer or on his behalf by a third party to the national libraries of the Republic of Kazakhstan.
3. On the territory of the Republic of Kazakhstan, universal, sectoral, inter-sectoral, youth, children’s libraries, as well as special libraries for blind and visually impaired citizens can be created.
4. State libraries have the right to sell goods (works, services) that are not related to their main activity, the payment for which is not mandatory and is determined by agreement with an individual or legal entity. Money from the sale of such goods (works, services) is used in accordance with the budgetary legislation of the Republic of Kazakhstan.
State libraries have the right to:
1) make copies of all types of media, formats, standards and their processing;
2) production of materials for citizens with disabilities;
3) performance of analytical and synthetic processing of documents and additional bibliography;
4) restoration of manuscripts, valuable books and documents;
5) organization of offsite information and exhibition events;
6) educational and translation services;
7) examination of manuscripts and valuable books;
8) provision of Internet services on the basis of an agreement with a telecom operator;
9) electronic delivery of documents, search and compilation of thematic information;
10) conducting excursion services, photo and video shooting;
11) implementation of educational literature and other manuals published by the library.
Libraries have the right to determine the amount of the deposit for the provision of rare and valuable publications, the types and amounts of compensation for damage caused by users to the library fund. The amounts of compensation received for damage to the library fund by state libraries are transferred to the corresponding budget.
5. Librarianship, as well as issues related to the formation, preservation, use of library funds as part of the national cultural heritage, are regulated in the manner established by the authorized body.
6. Library users who cannot visit libraries due to disability or old age have the right to access library funds through correspondence or non-stationary forms of service in the manner determined by the authorized body.
Footnote. Article 24 as amended by the Laws of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010); dated 28.10.2015 No. 368-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 25. Museums
1. Museums are cultural organizations created for the storage, study and public presentation of museum items and museum collections, designed to carry out cultural, educational, research functions and ensure the popularization of the historical and cultural heritage of the Republic of Kazakhstan.
2. On the territory of the Republic of Kazakhstan, museums of different profiles may be created, including museums-reserves and museums of private collections.
3. Museum items and museum collections are included in the museum fund and are an integral part of the cultural heritage of the people of the Republic of Kazakhstan.
The acquisition of museum funds is carried out on the basis of decisions of the fund-purchasing (fund-selection) commissions created in state museums, in the manner determined by the authorized body.
Transfer of museum items and museum collections from state museums to private property is prohibited.
4. State museums and museum-reserves have the right to sell goods, works, services that are not related to their main activity, the payment for which is not mandatory and is determined by agreement with individuals and legal entities.
Money from the sale of such goods, works, services is used in accordance with the budgetary legislation of the Republic of Kazakhstan.
5. State museums and reserve museums have the right to:
1) making copies from all types of media, formats, standards and their processing;
2) provision of Internet services on the basis of an agreement with a telecom operator;
3) photo and video filming;
4) the sale of souvenirs and printed products;
5) implementation of educational and methodical publications and other literature published by museums and museum-reserves.
6. The procedure and conditions for access to museum objects and museum collections, which are in the storage of the museum, and other relations in the field of museum affairs are regulated in the manner determined by the authorized body.
7. In order to ensure the storage of cultural property from the state budget, state museums are allocated subsidies to cover losses associated with ensuring the preservation, accounting, acquisition and restoration of cultural property, in the manner prescribed by the budgetary legislation of the Republic of Kazakhstan.
Footnote. Article 25 is in the wording of the Law of the Republic of Kazakhstan dated 28.10.2015 No. 368-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 26. Rural culture
1. In the Republic of Kazakhstan, priority is provided in the development of culture in rural areas, the formation of a network of state cultural organizations, the creation of conditions for aesthetic education and cultural services for the population at the level determined by the requirements of the standard of provision of rural settlements with cultural objects.
2. State cultural organizations in rural areas enjoy the priority right of material and technical support.
3. Employees of cultural organizations living in rural settlements are provided with social support measures provided for by the legislation of the Republic of Kazakhstan.
Footnote. Article 26 as amended by the Law of the Republic of Kazakhstan dated 24.12.2008 No. 111-IV (shall be enforced from 01.01.2009).
Article 27. Cultural and leisure organizations
1. Cultural and leisure organizations – centers of everyday communication (clubs, parks of culture and recreation, houses and palaces of culture, centers (houses) of folk art and others), personality development, amateur artistic folk art, whose activities
are regulated in the manner prescribed by the authorized body …
2. Основной задачей культурно-досуговых организаций является удовлетворение духовных и эстетических запросов населения.
3. The activities of cultural and leisure organizations are aimed at:
1) preserving, promoting folk art, ethnocultural traditions and rituals, their adaptation to modern historical and socio-economic conditions;
2) organization of holidays celebrated in the Republic of Kazakhstan, concerts, song and dance festivals, presentations, festivals, competitions, aitys, exhibitions of folk applied and fine arts;
3) organization of scientific and practical, informational and methodological work;
4) study, generalization, popularization of advanced experience in cultural and leisure activities and folk art, its implementation and dissemination;
5) promotion of the best collectives of folk art through participation in regional, regional, republican, international holidays, competitions, festivals;
6) support for ethnocultural associations;
7) support for innovative projects in the field of cultural and leisure activities, various cultural events, initiatives aimed at preserving and developing national cultures.
4. The liquidation of cultural and leisure organizations funded from budgetary funds is not allowed if such liquidation makes it impossible to provide a minimum volume of cultural services to the population.
5. In order to involve citizens in the sphere of cultural life, state cultural and leisure organizations are allocated budget subsidies from budget funds to cover losses associated with the provision of services to ensure the availability of cultural and leisure activities for the population, in the manner prescribed by the budget legislation of the Republic of Kazakhstan.
Footnote. Article 27 as amended 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).
Article 28. Cinematography
1. Cinematography is a branch of culture that unites creative, scientific, industrial, educational activities aimed at creating, storing, renting and showing a film.
2. The priorities of state policy in cinematography are:
1) the creation of cinematography and national films, including for children and youth;
2) preservation and development of the material and technical base of cinematography;
3) creation of priority conditions for the production, replication and distribution of national films over foreign ones;
4) holding film festivals and other events;
5) participation and representation in international organizations of filmmakers, as well as at festivals and competitions.
3. The basis of film production in the Republic of Kazakhstan is made up of cinematographic organizations.
Footnote. Article 28 as amended by the Law of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010).
Article 28-1. National film
1. A film is recognized as national on the basis of the following combination of grounds:
1) if the film was created at a high artistic level, is able to satisfy the spiritual needs of the people, serves the state interests, as well as the recognition of the Republic of Kazakhstan on the world stage through the art of cinema;
2) during the production, distribution and public display (demonstration) of films, at least seventy percent of the total volume of work according to the estimate is carried out by cinematographic organizations registered in the territory of the Republic of Kazakhstan;
3) the producers of the film are a citizen of the Republic of Kazakhstan and (or) a legal entity registered in the prescribed manner in the territory of the Republic of Kazakhstan;
4) the film crew (directors, cameramen, sound technicians, costume designers, editors, leading actors) includes no more than thirty percent of persons who are not citizens of the Republic of Kazakhstan;
5) foreign investment in film production does not exceed thirty percent of the estimated cost of the film;
6) the production of the film is partially or completely carried out at the expense of the republican budget.
2. In accordance with the terms of an international treaty ratified by the Republic of Kazakhstan, a film shot jointly with foreign cinematographic organizations may be recognized as national.
3. The procedure for recognizing a film as national is determined by the authorized body.
Footnote. The Law was supplemented by Article 28-1 in accordance with the Law of the Republic of Kazakhstan dated May 27, 2010 No. 280-IV (shall be enforced from December 03, 2010).
Article 28-2. Issuance of a rental certificate for a film
1. Films produced in the Republic of Kazakhstan, as well as imported (delivered) to the Republic of Kazakhstan for rental and public display (demonstration), with the exception of films imported (delivered) for demonstration at festivals, seminars, retrospective and other events, in order to receive film rental certificates are registered in the State Register of Films.
This requirement does not apply to films produced by cinematographic organizations of the former USSR.
Film rental license – a document serving as the basis for rental, which contains technical information about the film, information about the creators, index and genre of the film.
2. Issue of a distribution certificate for a film is carried out in the form approved by the authorized body.
3. To obtain a rental certificate for a film, the applicant must submit:
1) an application addressed to the head of the authorized body;
2) documents confirming the applicant’s right to the film or to use it; documents in a foreign language are accompanied by a notarized copy in Kazakh and (or) Russian;
3) film annotation;
4) information about the works used in films of domestic or joint production.
4. An application for a film distribution certificate shall be considered within seven working days from the date of receipt. Based on the results of consideration of the application, the authorized body issues a rental certificate for the film to the applicant.
5. The authorized body may refuse the applicant to issue a rental certificate for a film on the following grounds:
1) the applicant has provided inaccurate or distorted information;
2) the applicant has submitted documents that do not meet the requirements of paragraph 3 of this article;
3) if the content of the film is aimed at propaganda or agitation of a violent change of the constitutional order, violation of the integrity of the Republic, undermining the security of the state, inciting national hatred.
6. In the event that information about the film is unreliable and (or) distorted, which previously served as the basis for issuing a rental certificate for a film, the authorized body has the right to revoke a rental certificate for a film in court.
Footnote. The Law was supplemented by Article 28-2 in accordance with the Law of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 01.01.2011); as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.05.2014 No. 203-V (shall be enforced upon the expiry of six months after the day of its first official publication); dated 28.10.2015 No. 368-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 28-3. Movie indexes
1. All films produced in the Republic of Kazakhstan and films imported (delivered) to the territory of the Republic of Kazakhstan for the purpose of distribution and public demonstration are indexed according to the audience age.
The following film indices are established:
1) “K” – films intended for viewers of different ages;
2) “BA” – films that are allowed to be shown to children who have reached the age of twelve;
3) “B14” – films that children under the age of fourteen are recommended to watch with their parents;
4) “E16” – films that viewers under the age of sixteen are recommended to watch with their parents;
5) “E18” – films intended for viewers from the age of eighteen;
6) “ON” – films intended only for viewers who have reached twenty one years of age.
2. Public screening (demonstration) of a film with the index “HA” is allowed in cinemas and other places designated for these purposes, after 10 pm to 6 am local time.
Screening of the film on TV channels (with the exception of foreign TV channels) with the index “E18” is allowed after 22:00 until 06:00 am local time, with the index “HA” – after zero hours until 06:00 am local time.
3. Individuals and legal entities that have received a distribution certificate for a film and (or) rent films in the territory of the Republic of Kazakhstan are obliged to inform the viewer about the film index.
4. Information about the film index should be indicated and available to consumers in accordance with the requirements determined by the Government of the Republic of Kazakhstan.
Footnote. The Law was supplemented by Article 28-3 in accordance with the Law of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 01.01.2011); as amended by the Laws of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 18.01.2012 No. 546-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).
Article 28-4. Film rental language
1. The rental of all films on the territory of the Republic of Kazakhstan is carried out in Kazakh and other languages.
2. The rental of national films should be carried out in the Kazakh language and, if necessary, in other languages.
3. All films imported (delivered) to the territory of the Republic of Kazakhstan for the purpose of distribution, with the exception of films retransmitted from foreign TV channels, from January 1, 2012 must be dubbed in the Kazakh language.
Footnote. The Law was supplemented by Article 28-4 in accordance with the Law of the Republic of Kazakhstan dated May 27, 2010 No. 280-IV (the order of enforcement see Art. 2); as amended by the Law of the Republic of Kazakhstan dated 18.01.2012 No. 546-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).
Article 28-5. Types of films
1. By type, films are subdivided into:
1) an animated film – a film created by using graphic methods and techniques of fine art, as well as the capabilities of computer graphics with animation of actions and scenes;
2) documentary film – a film created on the basis of a scenario plot, in which actual events, facts of reality are recorded in aggregate, which are interpreted by the director by means of camera art, editing system and other means;
3) fiction film – a film created on the basis of a script and embodied by means of acting, directing, cinematography, the work of a production designer, composer and other subjects of relations in the field of cinematography;
4) newsreel – a film in which current events and facts of reality are recorded.
2. According to the methods of capturing the image, films are divided into films, television films and video films.
3. A film of at least sixty minutes is a full-length film, a film of less than sixty minutes is a short film.
Footnote. The Law was supplemented by Article 28-5 in accordance with the Law of the Republic of Kazakhstan dated May 27, 2010 No. 280-IV (shall be enforced from December 03, 2010).
Article 28-6. Storage of source materials for films and cinematographic records
1. The state implements a set of measures aimed at preserving national films, co-produced films and chronicles, including source materials of national films and chronicles, as an integral part of the national cultural heritage.
2. The source materials of national films are transferred for permanent storage to the State Film Fund.
3. The source materials of films of joint production imported (delivered) to the territory of the Republic of Kazakhstan for copying, duplication, distribution and display are also transferred to the State Film Fund for permanent storage.
4. The State Film Fund, when storing the source materials of national films, films of joint production imported (delivered) to the territory of the Republic of Kazakhstan, provides free and free access to the source materials of films for their copyright holders.
5. The source materials of the film chronicle are transferred for permanent storage to the Central State Archive of Film and Photo Documents and Sound Recordings, which provides free and free access to the source materials of the film chronicle for their copyright holders.
6. The source materials of the film and the chronicle include negative, countertype, negative of the image, negative of the phonogram, master copy, installation videos, passports and recordings to them, a control copy of the film, the original of the magnetic phonograms of re-recording, music, noise, videophone-master, compact disc and other materials necessary for the replication of the film in any material form.
Footnote. The Law was supplemented by Article 28-6 in accordance with the Law of the Republic of Kazakhstan dated May 27, 2010 No. 280-IV (shall be enforced from December 03, 2010).
Article 29. Touring activities of creative
groups and performers
1. The touring activity of creative teams and performers on the territory of the Republic of Kazakhstan is carried out on a contractual basis.
2. Foreign tours are conducted by creative teams and individual performers on the basis of agreements that ensure the observance of copyright and related rights.
Article 30. Folk art
1. Folk art is one of the forms of folk art, an activity to create decorative decorative items, carried out on the basis of the collective development and successive development of the tradition of folk art in a certain area in the process of creative manual and (or) mechanized labor of masters of folk art.
2. The assignment of products to products of folk art is carried out on the basis of the conclusions of art expert councils on folk art.
3. The rights of individuals and legal entities carrying out activities in the field of folk art are protected in the manner prescribed by the legislative acts of the Republic of Kazakhstan.
Article 31. Financing of activities in the field of culture
1. Financing of state cultural institutions is carried out at the expense of budget funds and funds received in the form of charitable and sponsorship assistance, and other funds used in the manner prescribed by the budgetary legislation of the Republic of Kazakhstan.
2. Financing of cultural organizations, with the exception of state cultural institutions, is carried out at the expense of the sale of services, funds of founders and other sources not prohibited by the legislation of the Republic of Kazakhstan.
3. Foundations for the development of culture can attract non-state funds in the manner prescribed by the legislation of the Republic of Kazakhstan.
Footnote. Article 31 as amended by the Law of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010).
Chapter 6. CULTURAL VALUES AND NATIONAL CULTURAL PROPERTY
Article 32. Cultural property
1. Cultural values include tangible and intangible values.
2. Tangible cultural values include:
1) archaeological finds;
2) rare collections and specimens of flora and fauna, mineralogy, anatomy and objects of interest to paleontology;
3) values related to history, including the history of science and technology, the history of wars and society, the history of national culture, as well as those associated with the life of national figures of science, culture, literature and art, thinkers, scientists, writers, poets and artists and major national events ;
4) rare manuscripts, old books, documents and publications of special interest (historical, artistic, scientific, literary), separately or in collections;
5) postage stamps, tax and similar stamps, separately or in collections, issued fifty or more years ago;
6) coins, with the exception of coins of the national currency of the Republic of Kazakhstan, regardless of the alloy or metal of their manufacture, as well as coins of other states made no more than a hundred years ago, medals, seals and other collection materials;
7) ancient and unique musical instruments;
8) archives, archival funds and collections, including background, photo, video, film archives, as well as scientific and technical documentation;
9) works of art of historical and cultural significance;
10) ethnographic, anthropological, ethnological and paleontological materials;
11) antique items of more than a century ago, which have a special historical and cultural value;
12) objects related to historical events in the life of the people of the Republic of Kazakhstan, the development of society and the state, the history of science and technology, as well as with the life of prominent figures of science, state, culture, including museum items and museum collections;
13) artistic values in the form of canvases, paintings and hand-made drawings on any basis and from any materials (with the exception of drawings and industrial products, hand-made jewelry);
14) original works of sculptural art from any materials;
15) original engravings, prints and lithographs;
16) components of monuments of history and culture.
3. Intangible cultural values include:
1) oral traditions and forms of expression, including language as a carrier of intangible cultural heritage;
2) performing arts;
3) customs;
4) rituals;
5) festivities;
6) knowledge and customs related to nature and the universe;
7) knowledge and skills related to traditional crafts.
Footnote. Article 32 as amended by the Laws of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010); dated 28.10.2015 No. 368-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 33. Registration and systematization of objects of national
cultural heritage
1. In order to preserve cultural heritage:
1) the objects specified in paragraph 2 of Article 32 of this Law and which are of particular importance for the history and culture of the country are entered in the State Register of National Cultural Heritage Objects;
2) the objects specified in paragraph 3 of Article 32 of this Law and having special significance for the history and culture of the country are included in the National List of Intangible Cultural Heritage Elements.
2. Individuals and legal entities involved in the study of cultural values are obliged to submit to the authorized body information about the objects to be entered in the State Register of National Cultural Heritage Objects and the National List of Intangible Cultural Heritage Elements. As new objects and items are identified, information is provided with the necessary information.
Footnote. Article 33 is in the wording of the Law of the Republic of Kazakhstan dated 28.10.2015 No. 368-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 34. Special treatment of objects of national
cultural heritage
1. Collections or collections of objects in a complex representing a special artistic or historical interest cannot be disjointed.
Destruction, relocation, alteration, reproduction or restoration of objects of national cultural heritage entered in the State Register is not allowed without a special permission of the authorized body, issued on the basis of the recommendation of an expert commission created by it for each specific object.
2. It is prohibited to use objects of national cultural heritage in any way incompatible with their historical, artistic and religious purpose. Items belonging to religious and cult organizations and being
objects of national cultural heritage can be used taking into account their cult purpose.
3. The special regime of objects of national cultural heritage does not apply to objects of copyright and related rights.
4. The preferential right to use architectural monuments belongs to cultural organizations.
5. Responsibilities for the proper maintenance and preservation of objects of national cultural heritage are assigned to their users or owners. Failure to comply with this obligation entails the seizure of the granted right in court on a reimbursable basis. If the owners or users do not have material or other possibilities for the maintenance of the object of national cultural heritage, the costs are borne by the state.
The realization of the rights of the owner of an object of national cultural heritage is carried out under the control and in the manner prescribed by the law of the Republic of Kazakhstan, with the priority right of the state to acquire objects of national cultural heritage of the Republic of Kazakhstan in the event of their sale.
6. Objects of national cultural heritage, which are in state ownership, are not subject to alienation.
7. За умышленное уничтожение, разрушение или порчу объектов и предметов национального культурного достояния физические и юридические лица несут ответственность в порядке, установленном законами Республики Казахстан.
Сноска. Статья 34 с изменением, внесенным Законом РК от 01.03.2011 № 414-IV (вводится в действие со дня его первого официального опубликования).
Article 35. Export and import of cultural property
1. The export of cultural property specified in paragraph 2 of Article 32 of this Law outside the Republic of Kazakhstan is prohibited, except for cases of temporary exposition, touring activities, restoration work and scientific research, presentations, exhibitions and international cultural events, as well as other cases, established by this Law.
2. Cultural values specified in paragraph 2 of Article 32 of this Law, illegally exported outside the Republic of Kazakhstan, are subject to mandatory return. Cultural values specified in paragraph 2 of Article 32 of this Law, illegally exported and returned to Kazakhstan, as well as confiscated by a court decision, are subject to delivery to state museums of republican significance of the corresponding profile.
3. The author, regardless of whether he leaves the Republic of Kazakhstan temporarily or permanently, has the right to export the cultural values created by him.
4. The rules for the temporary export of cultural property also apply to objects created on the territory of the Republic of Kazakhstan by foreigners and stateless persons.
5. It is not allowed to transfer by the owners of cultural property the powers to own, use and dispose of the said property, if these actions may contribute to the illegal export and import of cultural property.
6. Cultural values that are the property of foreign states, foreign individuals and legal entities, temporarily imported into the territory of the Republic of Kazakhstan for the purpose of cultural cooperation, are under the protection of the Republic of Kazakhstan.
They are subject to the legislation of the Republic of Kazakhstan on culture.
Footnote. Article 35 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.10.2015 No. 368-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 36. Procedure and conditions for the temporary export of
cultural property
1. Temporary export of cultural property specified in paragraph 2 of Article 32 of this Law may be carried out by the owner of the items or by a person authorized by the owner on the basis of a certificate for the right of temporary export of cultural property issued by local executive bodies of regions, cities of republican significance, the capital.
The grounds for refusal to issue a certificate for the right of temporary export of cultural property are:
1) unsatisfactory physical condition of the exported cultural property, except for cases of temporary export for the purpose of restoration;
2) finding cultural property in the international and (or) state wanted list;
3) inconsistency with the objectives of the temporary export of cultural property, specified in paragraph 1 of Article 35 of this Law.
2. When temporarily exporting cultural property by legal entities, it is necessary to document their ownership of the exported items.
3. Temporary export of cultural property, as well as their return, shall be carried out on the basis of an examination carried out by an expert commission for the temporary export of cultural property.
4. Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).
5. The period of stay of cultural property outside the country may not exceed six months.
6. Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Footnote. Article 36 as amended by the Laws of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 01.07.2010); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.10.2015 No. 368-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Chapter 7. INTERNATIONAL COOPERATION IN THE FIELD OF CULTURE
Article 37. International cooperation in the field of
culture
The Republic of Kazakhstan promotes the development of international cooperation in the field of culture, including the exchange of creative teams, specialists, cultural values and the results of activities in the field of culture, as well as experience in organizational activities in various fields of culture.
Article 38. Participation in international organizations
in the field of culture
1. On the territory of the Republic of Kazakhstan, branches, representative offices of international non-commercial cultural associations may be created in accordance with the civil legislation of the Republic of Kazakhstan.
2. Cultural organizations, in accordance with the legislative acts of the Republic of Kazakhstan and in the manner determined by their constituent documents, have the right to join the associations specified in paragraph 1 of this article, as well as dispose of charitable targeted receipts.
Footnote. Article 38 as amended by the Law of the Republic of Kazakhstan dated 27.05.2010 No. 280-IV (shall be enforced from 03.12.2010).
Chapter 8. FINAL PROVISIONS
Article 39. Responsibility for violation of
legislation in the field of culture
Violation of the legislation of the Republic of Kazakhstan on culture entails liability established by the laws of the Republic of Kazakhstan.
Article 40. Procedure for the entry into force of this Law
1. This Law comes into force from the day of its official publication.
2. To recognize as invalid the Law of the Republic of Kazakhstan dated December 24, 1996 “On culture” (Bulletin of the Parliament of the Republic of Kazakhstan, 1996, N 22, art. 406).
President of the
Republic of Kazakhstan
© 2012. RGP on REM Republican Center for Legal Information of the Ministry of Justice of the Republic of Kazakhstan