On the protection and use of objects of historical and cultural heritage
Law of the Republic of Kazakhstan dated July 2, 1992 No. 1488-XII
Attention to users!
For the convenience of using the document of the RCLI, a CONTENTS have been created
Footnote. The heading is as amended by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Footnote. In the text after the word “Section” the numbers “I – IX” are replaced by the numbers “1 – 9” respectively – by the Law of the Republic of Kazakhstan dated December 20, 2004 N 13.
Footnote. Throughout the text: the word “SECTION” is replaced by the word “Chapter”; the words “The authorized body for the protection and use of historical and cultural heritage”, “the authorized body for the protection and use of historical and cultural heritage”, “the authorized body for the protection and use of historical and cultural heritage”, “the authorized body for the protection and use of historical and cultural heritage “are replaced, respectively, by the words” Authorized body “,” authorized body “,” authorized body “,” authorized body “- by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Throughout the text, the words “regions (cities of republican significance, the capital)”, “regions (cities of republican significance, the capital)” are respectively replaced by the words “regions, cities of republican significance, the capital”, “oblast, city of republican significance, the capital” by 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).
This Law defines the goals, objectives and legal framework in the field of protection and use of objects of historical and cultural heritage.
Footnote. Preamble as amended by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Chapter 1. GENERAL PROVISIONS
Article 1. Legislation of the Republic of Kazakhstan
on the protection and use of objects of
historical and cultural heritage
The legislation of the Republic of Kazakhstan on the protection and use of objects of historical and cultural heritage is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
If an international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, then the rules of the international treaty are applied.
Footnote. Article 1 is in the wording of the Law of the Republic of Kazakhstan dated December 20, 2004 No. 13. Article as amended by the Law of the Republic of Kazakhstan dated July 21, 2007 No. 307 (the order of enforcement see article 2 of the Law).
Article 2. Objectives of this Law
The objectives of this Law are:
1) determination of objects of historical and cultural heritage, their protection and use;
2) consolidation of the status of a monument of history and culture for objects of historical and cultural heritage;
3) regulation of the rights and obligations of individuals and legal entities in the field of preserving objects of historical and cultural heritage;
4) delineation of the competence of state bodies in the field of protection of objects of historical and cultural heritage;
5) establishment of measures of responsibility for damage to objects of historical and cultural heritage.
Footnote. Article 2 is in the wording of the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 3. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) list of preliminary registration – a list of objects of historical and cultural heritage identified in order to give them the status of monuments of history and culture;
2) ensembles – groups of isolated or combined monuments, buildings and structures of fortification, palace, residential, public, administrative, commercial, industrial, scientific, educational purposes, as well as monuments and structures of religious significance, including fragments of historical plans and buildings of settlements, localized in historically established territories;
3) archaeological monuments – parking lots, fortifications, barrows, remnants of ancient settlements, fortifications, industries, canals, roads, ancient burial sites, stone statues, rock paintings and inscriptions, areas of the historical cultural layer of ancient settlements and other places with traces of life and activities of ancient people;
4) monuments of urban planning and architecture – architectural ensembles and complexes, historical centers, quarters, squares, streets, remnants of ancient planning and development of cities and other settlements; buildings of civil, residential, industrial, military, religious architecture, folk architecture, as well as related works of monumental, decorative and applied and garden and park art, natural landscapes;
5) protection obligation – a document that fixes the state of the monument of history and culture at the time of registration of this document and the conditions for maintaining the monument of history and culture by the owner or user;
5-1) memorial plaque – a slab made of marble, granite, metal or other materials containing information about an outstanding person and a significant event, installed on the facades of buildings and structures;
5-2) new constructions of monumental art – works of monumental art (monuments, steles, busts), installed to perpetuate the memory of outstanding personalities, significant historical events;
6) monuments of history and culture – individual buildings, buildings, structures and ensembles, historical and cultural landscapes and other places of interest, created by man or being a joint creation of man and nature, associated with the historical past of the people, the development of society and the state, included in the State List monuments of history and culture;
7) archaeological work on monuments of history and culture – carrying out field research through archaeological excavations, exploration and expertise of archaeological monuments;
8) historical and cultural reserve – ensembles and complexes of monuments of special historical, scientific and artistic value;
9) user of a monument of history and culture – an individual or legal entity who, in accordance with this Law, is granted the right to use a monument of history and culture on the basis of an agreement with its owner;
10) scientific and restoration work on monuments of history and culture – all types of production, research and design work, with the exception of archaeological work carried out on monuments of history and culture;
11) objects of historical and cultural heritage – real estate objects with associated works of painting, sculpture, applied art, science and technology and other items of material culture, arising from historical events that are valuable in terms of history, archeology, architecture, urban planning, art, science and technology, aesthetics, ethnology or anthropology, social culture;
12) an authorized body for the protection and use of objects of historical and cultural heritage (authorized body) – a central executive body that carries out state regulation in the field of protection and use of objects of historical and cultural heritage;
13) historical and cultural expertise – a conclusion that includes a set of organizational, analytical and practical measures aimed at establishing the historical and cultural significance and degree of preservation of an object of historical and cultural heritage;
14) historical and architectural reference plan – a document fixing the location of historical and cultural monuments and newly discovered objects of historical, scientific, artistic and cultural value.
Footnote. Article 3 is in the wording of the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law); as amended by 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 4. Types of monuments of history and culture,
their protection and use
1. Monuments of history and culture are subdivided into the following types:
1) monuments of urban planning and architecture;
2) monuments of archeology;
3) ensembles.
2. Protection and use of historical and cultural monuments include a system of measures aimed at:
1) identification, research and promotion of objects of historical and cultural heritage;
2) securing the status of historical and cultural monuments to objects of historical and cultural heritage;
3) ensuring protection against destruction, vandalism, falsification, hoax, distortion, unreasonable changes, removal from the historical context;
4) revival and preservation through archaeological and scientific restoration work;
5) content in accordance with the standards ensuring their safety;
6) use in the process of the revival of the ethnocultural environment, as well as for scientific and educational purposes.
Footnote. Article 4 is in the wording of the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 5. Status of objects of historical and cultural heritage
Objects of historical and cultural heritage acquire the status of historical and cultural monuments from the moment they are recognized as such in the manner prescribed by this Law.
To make a decision on the inclusion of objects of historical and cultural heritage in the State List of Historical and Cultural Monuments, documents are submitted in the manner established by the Government of the Republic of Kazakhstan.
The recognition of objects of historical and cultural heritage as monuments of history and culture is confirmed by their approval in the State List of Historical and Cultural Monuments of international, republican and local importance, subject to mandatory official publication. Monuments of archeology acquire the status of monuments of history and culture from the moment of their discovery.
Historical and cultural monuments in the Republic of Kazakhstan are subject to mandatory protection and preservation in the manner prescribed by this Law, have a special legal regime for their use, change of ownership of them and deprivation of their status.
Deprivation of a historical and cultural monument of its status and exclusion from the State List of Historical and Cultural Monuments are allowed only in case of complete physical loss of the object and (or) loss of historical and cultural value.
The identified objects of historical and cultural heritage are included in the list of preliminary registration and, until a final decision on their status is made, are subject to protection along with historical and cultural monuments in accordance with this Law.
Footnote. Article 5 is in the wording of the Law of the Republic of Kazakhstan dated 20.12.2004 No. 13; as amended by the laws of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law); 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 6. (Is excluded by the Law of the Republic of Kazakhstan dated December 20, 2004 N 13)
Article 7. Competence of the Republic of Kazakhstan to
protect, preserve and use
objects of historical and cultural heritage
The Republic of Kazakhstan, represented by the relevant state bodies, ensures the protection, preservation and use of monuments of history and culture.
In accordance with international treaties, historical and cultural monuments are also subject to protection, preservation and use:
1) that are the property of the Republic of Kazakhstan, but located in the territories of other states;
2) which are the property of other states, but located on the territory of the Republic of Kazakhstan;
3) that are the property of other states, located on their territories, but historically associated with the Republic of Kazakhstan.
The Republic of Kazakhstan takes measures to identify, organize accounting, preserve and return to their historical homeland objects of historical and cultural heritage located outside its borders and recognized as the historical and cultural heritage of the people of Kazakhstan.
Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement, see article 2 of the Law).
Chapter 2. SPECIFIC FEATURES OF THE EXERCISE OF THE PROPERTY RIGHT
TO THE OBJECTS OF HISTORICAL AND CULTURAL HERITAGE
Article 8. Regulation of property relations
Property relations for monuments of history and culture are regulated by the Civil Code of the Republic of Kazakhstan and other laws of the Republic of Kazakhstan. The specifics of exercising the right of ownership to monuments of history and culture are established by this Law.
Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated December 20, 2004 N 13. Article as amended by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 9. Objects of ownership
Objects of ownership of historical and cultural monuments are objects of historical and cultural heritage recognized as monuments of history and culture in the manner established by this Law.
Footnote. Article 9 is in the wording of the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 10. Subjects of property rights
The subjects of the ownership right to objects of historical and cultural heritage are the Republic of Kazakhstan, individuals and legal entities.
Footnote. Article 10 is in the wording of the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 11. State ownership of
monuments of history and culture
Monuments of history and culture located on the territory of the Republic of Kazakhstan and not belonging to other subjects are the exclusive property of the Republic of Kazakhstan.
The Republic of Kazakhstan may acquire ownership rights to monuments of history and culture, which constitute the historical and cultural heritage of the Kazakh and other peoples living in the Republic of Kazakhstan, which have historical and cultural value, under agreements with their owners.
On behalf of the Republic of Kazakhstan, the owner’s powers for monuments of international and republican significance are exercised by the authorized body, and for historical and cultural monuments of local significance – by local executive bodies of regions, cities of republican significance, the capital, districts (cities of regional significance).
Footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated December 20, 2004 N 13. Article as amended by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 12. Rights of subjects of ownership
The owner has the right to own, use and dispose of historical and cultural monuments as property objects, with the exception of the right to destroy them independently.
A citizen who owns a historical and cultural monument has the right to demand non-disclosure of its content or inaccessibility for research and public inspection for a period of up to fifty years, if the property belongs to him as inheritance and by its origin or content is associated with the person of the testator or the ancestors of the owner.
The owner has the right to make a profit (receive income) as a result of the use and operation of historical and cultural monuments, limited by the obligation to protect them.
Footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated December 20, 2004 N 13. Article as amended by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 13. Obligations of owners
The owners of historical and cultural monuments carry out activities for their preservation and are obliged to:
1) take measures to ensure the preservation of historical and cultural monuments;
2) (excluded – dated July 21, 2007 N 307)
3) notify the local executive bodies of regions, cities of republican significance, the capital, districts (cities of regional significance) about alleged or completed changes in property rights;
4) (is excluded – dated July 21, 2007 N 307)
5) coordinate scientific and restoration work on historical and cultural monuments of international and republican significance with the authorized body, on historical and cultural monuments of local significance – with local executive bodies of regions, cities of republican significance, the capital;
6) provide access to a historical and cultural monument for scientific, cultural and other purposes in the manner and within the limits established by special agreements with local executive bodies of regions, cities of republican significance, the capital, districts (cities of regional significance).
Obligations of owners and users of monuments of history and culture are recorded in the protection obligation issued by local executive bodies of regions, cities of republican significance, the capital.
The obligations provided for in the first part of this article equally apply to users of historical and cultural monuments.
Footnote. Article 13 is in the wording of the Law of the Republic of Kazakhstan dated December 20, 2004 N 13. Article as amended by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 14. Withdrawal of mismanaged historical and cultural monuments
In cases where the owner of the monuments of history and culture mismanaged these monuments, which threatens to lose their value, such monuments, by a court decision, are withdrawn from the owner by the state through redemption or sold at a public auction taking into account the specifics provided for in this article.
The seizure from the owner of a monument of history and culture, which is his residential house or residential premises, which is in private ownership, cannot be carried out without providing him with another residential premises in the manner established by the legislation of the Republic of Kazakhstan, and appropriate compensation under the contract.
Footnote. Article 14 is in the wording of the Law of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication).
Article 15. Benefits in acquiring
ownership of a historical and cultural monument
The owners of parts of a historical and cultural monument, which is in common shared ownership, have the priority right to acquire ownership of other parts of this historical and cultural monument.
The pre-emptive right to acquire other parts of a historical and cultural monument, provided for in part one of this article, also applies to cases when the buyer’s property does not have the status of a historical and cultural monument.
In the event of the public sale of historical and cultural monuments, the state has the right of preferential acquisition at the market (auction) price, except for the cases stipulated in parts one and two of this article.
Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Chapter 3. STATE ADMINISTRATION IN THE FIELD OF
PROTECTION OF OBJECTS OF HISTORICAL AND CULTURAL HERITAGE
Footnote. The title of Chapter 3 as amended by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 16. Officials and the system of
government bodies in the field of protection,
preservation and use of objects of
historical and cultural heritage
State administration in the field of protection, preservation and use of objects of historical and cultural heritage in the Republic of Kazakhstan is carried out by:
1) the President of the Republic of Kazakhstan;
2) the Government of the Republic of Kazakhstan;
3) the authorized body;
4) local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance.
Footnote. Article 16 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).
Article 17. Competence of the Government of the Republic of
Kazakhstan in the field of protection and use of
objects of historical and cultural heritage
The Government of the Republic of Kazakhstan:
1) develops the main directions of state policy in the field of protection and use of objects of historical and cultural heritage;
2) approves the regulation on the authorized body;
3) develops and approves regulations on the National Pantheon;
4) perform 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 17 is in the wording of 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).
Article 18. Competence of local executive
bodies of regions, cities of republican
significance, the capital, districts (cities of
regional significance)
Local executive bodies of regions, cities of republican significance, the capital:
1) ensure the identification, registration, protection, use of objects of historical and cultural heritage and the conduct of scientific and restoration work on monuments of history and culture;
2) (excluded from July 21, 2007 N 307)
3) provide for measures for the organization of accounting, protection and scientific restoration work on historical and cultural monuments of local importance in the plans for the economic and social development of the respective territories;
4) decide on the issue of granting for use the monuments of history and culture of local significance, which are state property;
5) (is excluded from July 21, 2007 N 307);
6) in agreement with the authorized body, in the development and approval of planning projects, development and reconstruction of cities and other settlements, ensure the implementation of measures to identify, study, preserve historical and cultural monuments of all categories, draw up historical and architectural reference plans and maps;
7) draw up security obligations for historical and cultural monuments and control their implementation by owners and users;
8) petition for the prosecution of individuals and legal entities that violate the legislation of the Republic of Kazakhstan on the protection and use of monuments of history and culture;
9) submit proposals to the local representative body of the region, city of republican significance, the capital on the formation of commissions for the protection of historical and cultural monuments;
10) carry out work to identify, record, protect objects of historical and cultural heritage;
10-1) are working on the establishment of new structures of monumental art;
10-2) carry out work on the installation of memorial plaques;
11) consider and agree on scientific and project documentation for all types of work on historical and cultural monuments and their protection zones, planning projects, development and reconstruction;
12) carry out the protection and use of historical and cultural monuments and environmental objects related to historical and cultural monuments, in agreement with the interested state bodies;
13) exercise state control over the use and maintenance procedure, as well as over the performance of archaeological and scientific restoration work on historical and cultural monuments of local importance in the relevant territories;
14) issue instructions to owners and users of monuments of history and culture on their violation of this Law;
15) apply other measures of administrative pressure on the grounds and in the manner provided for by the legislation of the Republic of Kazakhstan on administrative offenses;
16) exercise, in the interests of local government, other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan;
17) recognize objects of historical and cultural heritage as monuments of history and culture of local significance and include in the State list of monuments of history and culture of local significance on the basis of the conclusion of the historical and cultural expertise;
18) deprive a historical and cultural monument of local significance of its status and exclude it from the State List of Historical and Cultural Monuments of Local Significance on the basis of the conclusion of the historical and cultural expertise and the requirements of part five of Article 5 of this Law.
Local executive bodies of districts (cities of regional significance) on their territory:
1) facilitate the organization of patronage of individuals and legal entities over monuments of history and culture;
2) involve the public in carrying out measures for the protection and promotion of historical and cultural monuments;
3) ensure compliance with the legislation of the Republic of Kazakhstan on the protection and use of objects of historical and cultural heritage;
4) on the proposal of the authorized body, decide on the suspension, as well as prohibition of construction and other works that pose a danger to historical and cultural monuments;
5) make proposals to the local executive bodies of regions, cities of republican significance, the capital or to an authorized body within their competence, to eliminate damage, the threat of destruction of historical and cultural monuments;
6) on the basis of historical and cultural expertise, make proposals on declaring protected objects of historical and cultural heritage;
7) exercise, in the interests of local government, other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.
Footnote. Article 18 is in the wording of the Law of the Republic of Kazakhstan dated 20.12.2004 No. 13; as amended by the laws of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement, see Article 2 of the Law); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); 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 19. Competence of the authorized body
The authorized body:
1) implements the state policy in the field of protection and use of monuments of history and culture;
2) exercise state control over the performance of archaeological and scientific restoration work on historical and cultural monuments of international and republican significance;
3) develops and approves regulatory legal acts on the protection and use of monuments of history and culture;
4) carries out licensing of activities for the implementation of archaeological and (or) scientific and restoration work on monuments of history and culture in accordance with the Law of the Republic of Kazakhstan “On permits and notifications”;
5) 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);
6) coordinates the provision for use of monuments of history and culture of international and republican significance, which are state property;
7) approves the rules for conducting historical and cultural expertise;
8) approves plans for planning, building and reconstruction of cities and other settlements with monuments of history and culture;
9) ensures compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of protection and use of objects of historical and cultural heritage;
10) exercise state control over the use and maintenance of historical and cultural monuments of international and republican significance;
11) applies other measures of administrative pressure on the grounds and in the manner provided for by the legislation of the Republic of Kazakhstan on administrative offenses;
12) exercise control over the installation of new buildings of monumental art;
13) develops and approves the procedure for determining and the mode of use of protection zones, zones of regulation of development and zones of protected natural landscape of objects of historical and cultural heritage;
14) excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);
14-1) sets rental rates for the use of monuments of history and culture, which are in state ownership;
14-2) approves the rules for the protection and maintenance of monuments of history and culture;
14-3) approves the rules for identifying, recording, giving and depriving the status of monuments of history and culture;
14-4) approves the rules for issuing protective obligations for historical and cultural monuments;
14-5) approves the qualification requirements for licensing activities for the implementation of archaeological and (or) scientific restoration work on monuments of history and culture;
14-6) approves the rules for granting use of monuments of history and culture;
14-7) approves the State list of monuments of history and culture of republican significance;
14-8) deprives a historical and cultural monument of republican significance of its status and excludes it from the State List of Historical and Cultural Monuments of Republican Significance in agreement with a special commission of the authorized body on the basis of the conclusion of the historical and cultural expertise and the requirements of part five of Article 5 of this Law;
14-9) approves the rules for conducting scientific restoration work on monuments of history and culture;
14-10) approves the rules for the establishment of new structures of monumental art;
14-11) creates a commission for the establishment of new buildings of monumental art and approves the regulations on it;
14-12) approves the criteria and rules for the establishment of memorial plaques;
15) exercise other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 19 is in the wording of the Law of the Republic of Kazakhstan dated July 21, 2007 No. 307 (the order of enforcement see article 2 of the Law); as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 N 188-IV (the order of enforcement see Art. 2); dated 19.03.2010 No. 258-IV; dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); 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 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication); from 16.05. 2014 No. 203-V (shall be enforced upon the expiration of six months after the day of 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 December 29, 2014 No. 269-V (shall be enforced from 01.01.2015); 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. Competence of the state body for
managing archives and documentation of the
Republic of Kazakhstan in the field of protection
and use of historical and cultural
heritage
(The article is excluded by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307
(the order of enforcement see article 2 of the Law)
Article 20-1. State control
1. The purpose of state control in the field of protection and use of objects of historical and cultural heritage is to ensure compliance by individuals and legal entities with the legislation of the Republic of Kazakhstan in the field of protection and use of objects of historical and cultural heritage.
2. State control in the field of protection and use of objects of historical and cultural heritage, carried out by the authorized body, includes control over:
1) the state of use and the procedure for maintaining historical and cultural monuments of all categories;
2) the establishment of new structures of monumental art;
3) compliance by the licensee with the conditions of the issued license;
4) the performance of archaeological and scientific restoration work on historical and cultural monuments of international and republican significance.
3. State control in the field of protection and use of objects of historical and cultural heritage, carried out by local executive bodies of regions, cities of republican significance, the capital, includes:
1) state control over the state of use and the procedure for maintaining historical and cultural monuments of local significance;
2) state control over the performance of archaeological and scientific restoration work on historical and cultural monuments of local importance.
4. State control in the field of protection and use of objects of historical and cultural heritage is carried out by the authorized body, local executive bodies of regions, cities of republican significance, the capital in the form of inspections.
5. Is excluded by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2).
6. Is excluded by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2).
7. State control in the field of protection and use of objects of historical and cultural heritage is carried out in the form of verification and other forms.
The audit is carried out in accordance with the Law of the Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan”. Other forms of state control are carried out in accordance with this Law.
Footnote. Chapter 3 is supplemented with article 20-1 in accordance with the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law); as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 N 188-IV (the order of enforcement see Article 2); dated 06.01.2011 No. 378-IV (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 4. FINANCING OF THE SPHERE OF PROTECTION AND USE OF
HISTORICAL AND CULTURAL HERITAGE
(Chapter 4 is excluded by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307
(the order of enforcement see article 2 of the Law)
Article 21. (Is excluded by the Law of the Republic of Kazakhstan dated December 20, 2004 N 13)
Chapter 5. Participation of individuals and legal entities in the implementation of
measures for the protection and use of objects of
historical and cultural heritage
Footnote. The title of Chapter 5 is in the wording of the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 22. Participation of individuals and legal entities in the
implementation of measures for the protection and
use of objects of
historical and cultural heritage
Individuals and legal entities participate in the promotion and popularization of historical and cultural monuments, assist local executive bodies of regions, cities of republican significance, the capital in the implementation of measures for the protection, preservation and use of historical and cultural monuments.
Individuals and legal entities have the right to establish patronage over historical and cultural monuments in order to ensure their safety.
Footnote. Article 22 is in the wording of the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 23. Participation of the Kazakh Society for the Protection
of Historical and Cultural Monuments in the
implementation of measures for the protection and
use of historical and cultural heritage
(This article is excluded by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307
(the order of enforcement see article 2 of the Law)
Article 24. Participation of the National Academy of Sciences of the
Republic of Kazakhstan in the protection and
use of historical and cultural heritage
(The article is excluded by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307
(the order of enforcement see article 2 of the Law)
Chapter 6. STATE ACCOUNTING OF MONUMENTS
OF HISTORY AND CULTURE
Article 25. (Is excluded by the Law of the Republic of Kazakhstan dated December 20, 2004 N 13)
Article 26. Classification of historical and
cultural monuments to the categories of monuments of
international, republican and
local significance
In order to effectively organize the registration and protection of historical and cultural monuments, the monuments are divided into the following categories:
1) historical and cultural monuments of international importance, representing historical, scientific, architectural, artistic and memorial value, included in the UNESCO World Cultural and Natural Heritage List;
2) monuments of history and culture of republican significance, representing historical, scientific, architectural, artistic and memorial value, which are of particular importance for the history and culture of the entire country;
3) monuments of history and culture of local significance, representing historical, scientific, architectural, artistic and memorial value, which are of particular importance for the history and culture of regions, cities of republican significance, the capital, districts (cities of regional significance).
Footnote. Article 26 is in the wording of the Law of the Republic of Kazakhstan dated December 20, 2004 No. 13.
Article 27. Procedure for approval of lists of monuments of
history and culture
The list of historical and cultural monuments proposed for inclusion in the UNESCO List of World Cultural and Natural Heritage is submitted by the Government of the Republic of Kazakhstan in the manner established by the legislation of the Republic of Kazakhstan.
The state list of monuments of history and culture of republican significance is approved by the authorized body.
The state list of historical and cultural monuments of local significance is approved by local executive bodies of regions, cities of republican significance, the capital in agreement with the authorized body.
Footnote. Article 27 as amended by the Law of the Republic of Kazakhstan dated 20.12.2004 No. 13; as amended by the Law of the Republic of Kazakhstan dated 21.07.2007 N 307 (the order of enforcement see article 2 of the Law); 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 28. The order of formation and composition of the special
commission of the authorized body
To prepare a conclusion on the recognition of objects of historical and cultural heritage as monuments of history and culture, as well as on the deprivation of their status by the authorized body, a special commission is created, which includes scientists, specialists, cultural and art workers, representatives of creative unions and other public associations.
Footnote. Article 28 is in the wording of the Law of the Republic of Kazakhstan dated December 20, 2004 N 13. Article as amended by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Chapter 7. Procedure for the use of monuments of history and culture
Footnote. The title of Chapter 7 as amended by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 29. Use of monuments of history and culture
Monuments of history and culture are used for the revival and development of the spiritual and cultural traditions of the peoples of Kazakhstan, as well as for scientific and educational purposes.
The mode of use of historical and cultural monuments of cities and other settlements is determined in the projects of their protection zones, approved by the local executive bodies of the region, the city of republican significance, the capital, in accordance with the rules for the protection and use of historical and cultural monuments.
Footnote. Article 29 as amended by the Law of the Republic of Kazakhstan dated December 20, 2004 N 13. Article as amended by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 30. Procedure and conditions for granting historical and cultural monuments
for use
1. The provision for use of historical and cultural monuments to individuals and legal entities is carried out for scientific, cultural, educational, tourist purposes.
2. Monuments of history and culture of local significance, which are communal property, are provided for use by decision of local executive bodies of regions, cities of republican significance, the capital.
Historical and cultural monuments of local importance, which are republican property, are provided for use by decision of the authorized body for state property management in agreement with the authorized body.
Historical and cultural monuments of international and republican significance, which are communal property, are provided for use by decision of local executive bodies of regions, cities of republican significance, the capital in agreement with the authorized body.
Historical and cultural monuments of international and republican significance, which are republican property, are provided for use by the decision of the authorized body for state property management in agreement with the authorized body.
Footnote. Article 30 is in the wording of the Law of the Republic of Kazakhstan dated 10.28.2015 No. 368-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 31. Activities of museums, libraries, archives,
educational institutions, other institutions and
organizations to ensure the protection and
preservation of historical and cultural monuments
in their use
(Article excluded by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307
(the procedure for enforcement see . article 2 of the Law)
Article 32. Deprivation of the right to use the monument of
history and culture
Individuals and legal entities in whose use are monuments of history and culture are deprived of the right to use if they violate the obligation to use monuments of history and culture in accordance with their nature and purpose, as a result of which the monument of history and culture is threatened with destruction or damage.
Deprivation of the right to use a historical and cultural monument, depending on its category, can be carried out only by a court decision on the basis of an application by the owner of a historical and cultural monument or an authorized body, a local executive body of a region, a city of republican significance, the capital, unless otherwise provided by the protective obligation of a historical monument and culture.
Footnote. Article 32 as amended by the Law of the Republic of Kazakhstan dated December 20, 2004 N 13. Article as amended by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 33. Ensuring the preservation of historical
and cultural monuments located on the lands
provided for use
Individuals and legal entities are obliged to ensure the preservation of historical and cultural monuments located on the lands given to them for use.
Footnote. Article 33 is in the wording of the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 34. Scientific restoration work
on monuments of history and culture
1. Scientific restoration work on monuments of history and culture includes:
1) scientific research – a set of measures aimed at studying, assessing the quality and degree of preservation of a monument of history and culture in order to draw up design estimates and carry out the necessary work to preserve it;
2) conservation is a set of measures that protect a historical and cultural monument from further destruction and ensure the consolidation and protection of structural parts and decorative elements without changing the historically formed appearance of the monument. Conservation also includes emergency response work, consisting of measures to ensure the physical safety of the monument;
3) restoration – a set of measures that ensure the preservation and disclosure of the historical, architectural and artistic appearance of a historical and cultural monument by freeing it from layers that have no value and distorting the appearance of the monument, replenishment of the lost elements of a building, ensemble, complex on the basis of scientifically grounded data;
4) reconstruction – a set of measures to restore a lost monument of history and culture in the presence of sufficient scientific data and special historical, scientific, artistic or other cultural significance of a monument of history and culture;
5) repair – a set of measures to maintain the technical condition of a historical and cultural monument by carrying out periodic works without changing its existing appearance;
6) adaptation – a set of measures taken in order to create conditions for the modern use of a historical and cultural monument without harming its historical, artistic value and preservation.
2. Scientific restoration work on historical and cultural monuments of international and republican significance is carried out under the control of the authorized body, on historical and cultural monuments of local significance – under the control of local executive bodies of regions, cities of republican significance, the capital.
3. Scientific and restoration work on monuments of history and culture is carried out at the expense of budgetary funds, attracting investments, as well as at the expense of owners and users of monuments of history and culture.
4. Scientific and restoration work on monuments of history and culture is carried out by individuals and legal entities on the basis of a license.
Footnote. Article 34 is in the wording of the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 35. Coordination with the authorized body of
projects of planning, development and reconstruction of
cities and other settlements with
historical and cultural monuments
Projects of planning, development and reconstruction of cities and other settlements, as well as land use maps, having historical and cultural monuments, are subject to agreement with authorized body.
Footnote. Article 35 as amended by the Law of the Republic of Kazakhstan dated December 20, 2004 N 13.
Article 36. Zones of protection of monuments of history and culture
1. In order to ensure the protection of historical and cultural monuments, protection zones, zones of regulation of development and zones of a protected natural landscape are established in the manner determined by the legislation of the Republic of Kazakhstan.
2. The boundaries of protected zones, zones of regulation of development and zones of a protected natural landscape of objects of historical and cultural heritage are approved by local representative bodies (maslikhats) of regions, cities of republican significance, the capital on the proposal of the relevant local executive bodies and are entered into the historical and architectural baseline plan and map- a diagram of the corresponding area, where the location of historical and cultural monuments and newly identified objects is recorded.
3. The authorized body within the specified zones may apply administrative measures on the grounds and in the manner provided for by the legislation of the Republic of Kazakhstan on administrative offenses.
Footnote. Article 36 is in the wording of the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 37. Protection of historical and cultural reserves
Ensembles and complexes of historical and cultural monuments, territories of special historical, scientific, artistic or other cultural value may be declared historical and cultural reserves, the protection of which is carried out on the basis of special Regulations on them.
Footnote. Article 37 as amended by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 38. Prohibition of movement and change of
monuments of history and culture
1. Moving and changing monuments of history and culture is prohibited.
An exception is allowed only in cases of destruction of more than seventy percent of a historical and cultural monument or loss of historical and cultural value, or if its relocation entails an improvement in the conditions for its preservation, in agreement with a special commission of the authorized body on the basis of the conclusion of a historical and cultural examination:
1) by a decision of the Government of the Republic Kazakhstan on the proposal of the authorized body for the monuments of history and culture of international and republican significance;
2) by the decision of the authorized body on the submission of local executive bodies of regions, cities of republican significance, the capital for historical and cultural monuments of local significance.
2. Individuals and legal entities who have received such a decision, when moving or changing a monument, are obliged to ensure compliance with the conditions provided for by the legislation of the Republic of Kazakhstan, and the authorized body is obliged to carry out work on the scientific study and fixation of the monument of history and culture.
3. Expenses associated with the implementation of the specified work are borne by individuals and legal entities who have received a decision to move or change the monument of history and culture.
Footnote. Article 38 is in the wording of the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 39. Ensuring the preservation of objects of
historical and cultural heritage during the
development of territories
1. During the development of territories before the allotment of land plots, research work should be carried out to identify objects of historical and cultural heritage.
2. In case of discovery of objects of historical, scientific, artistic and other cultural value, individuals and legal entities are obliged to suspend further work and inform the authorized body about it.
3. It is prohibited to carry out works that may endanger the existence of objects of historical and cultural heritage.
Footnote. Article 39 is in the wording of the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 40. Conducting excavations and exploration
at archaeological sites
Excavation and exploration at archaeological sites is permitted subject to licenses.
Licenses for archaeological and (or) scientific restoration work on monuments of history and culture on the territory of the Republic of Kazakhstan are issued by the authorized body in agreement with the local executive bodies of regions, cities of republican significance, the capital.
All materials and finds obtained by individuals and legal entities of the Republic of Kazakhstan and other states as a result of archaeological research on the territory of Kazakhstan are transferred in the manner determined by the authorized body to the state museums of the Republic of Kazakhstan after scientific fixation and processing. Their export outside the Republic of Kazakhstan is prohibited.
Footnote. Article 40 as amended by the Laws of the Republic of Kazakhstan dated December 20, 2004 N 13; dated July 21, 2007 N 307 (the order of enforcement see Article 2 of the Law); 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 41. Import and export of historical and cultural monuments
Footnote. Article 41 is excluded by 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).
Chapter 8. LIABILITY FOR VIOLATION OF THE LEGISLATION
OF THE REPUBLIC OF KAZAKHSTAN ON PROTECTION AND USE OF
OBJECTS OF HISTORICAL AND CULTURAL HERITAGE
AND CONTROL OF ITS EXECUTION
Footnote. The heading of Chapter 8 as amended by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 42. Responsibility for violation of the legislation of the
Republic of Kazakhstan on the protection of
objects of historical and cultural heritage
Persons guilty of violating the legislation of the Republic of Kazakhstan on the protection of objects of historical and cultural heritage, expressed in action or inaction, shall be held liable in accordance with the laws of the Republic of Kazakhstan.
Individuals and legal entities that have caused damage to a monument of history and culture or its protective zone are obliged to restore the monument of history and culture or its protective zone, and if this is impossible, to compensate for the damage caused in accordance with the civil legislation of the Republic of Kazakhstan. The restoration of a historical and cultural monument or its protective zone is carried out under the control of an authorized body.
Footnote. Article 42 as amended by the Law of the Republic of Kazakhstan dated December 20, 2004 N 13. Article as amended by the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Article 43. Control over the implementation of the legislation of the
Republic of Kazakhstan on the protection and
use of objects of historical and cultural
heritage
Control over the implementation of the legislation of the Republic of Kazakhstan on the protection and use of objects of historical and cultural heritage is carried out by:
1) local executive bodies of regions, cities of republican significance, the capital, districts (cities of regional significance);
2) the authorized body.
Footnote. Article 43 is in the wording of the Law of the Republic of Kazakhstan dated July 21, 2007 N 307 (the order of enforcement see article 2 of the Law).
Chapter 9. (Is excluded by the Law of the Republic of Kazakhstan dated December 20, 2004 N 13)
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