عن الملكية الفكرية التدريب في مجال الملكية الفكرية إذكاء الاحترام للملكية الفكرية التوعية بالملكية الفكرية الملكية الفكرية لفائدة… الملكية الفكرية و… الملكية الفكرية في… معلومات البراءات والتكنولوجيا معلومات العلامات التجارية معلومات التصاميم الصناعية معلومات المؤشرات الجغرافية معلومات الأصناف النباتية (الأوبوف) القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية مراجع الملكية الفكرية تقارير الملكية الفكرية حماية البراءات حماية العلامات التجارية حماية التصاميم الصناعية حماية المؤشرات الجغرافية حماية الأصناف النباتية (الأوبوف) تسوية المنازعات المتعلقة بالملكية الفكرية حلول الأعمال التجارية لمكاتب الملكية الفكرية دفع ثمن خدمات الملكية الفكرية هيئات صنع القرار والتفاوض التعاون التنموي دعم الابتكار الشراكات بين القطاعين العام والخاص أدوات وخدمات الذكاء الاصطناعي المنظمة العمل مع الويبو المساءلة البراءات العلامات التجارية التصاميم الصناعية المؤشرات الجغرافية حق المؤلف الأسرار التجارية أكاديمية الويبو الندوات وحلقات العمل إنفاذ الملكية الفكرية WIPO ALERT إذكاء الوعي اليوم العالمي للملكية الفكرية مجلة الويبو دراسات حالة وقصص ناجحة في مجال الملكية الفكرية أخبار الملكية الفكرية جوائز الويبو الأعمال الجامعات الشعوب الأصلية الأجهزة القضائية الموارد الوراثية والمعارف التقليدية وأشكال التعبير الثقافي التقليدي الاقتصاد المساواة بين الجنسين الصحة العالمية تغير المناخ سياسة المنافسة أهداف التنمية المستدامة التكنولوجيات الحدودية التطبيقات المحمولة الرياضة السياحة ركن البراءات تحليلات البراءات التصنيف الدولي للبراءات أَردي – البحث لأغراض الابتكار أَردي – البحث لأغراض الابتكار قاعدة البيانات العالمية للعلامات مرصد مدريد قاعدة بيانات المادة 6(ثالثاً) تصنيف نيس تصنيف فيينا قاعدة البيانات العالمية للتصاميم نشرة التصاميم الدولية قاعدة بيانات Hague Express تصنيف لوكارنو قاعدة بيانات Lisbon Express قاعدة البيانات العالمية للعلامات الخاصة بالمؤشرات الجغرافية قاعدة بيانات الأصناف النباتية (PLUTO) قاعدة بيانات الأجناس والأنواع (GENIE) المعاهدات التي تديرها الويبو ويبو لكس - القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية معايير الويبو إحصاءات الملكية الفكرية ويبو بورل (المصطلحات) منشورات الويبو البيانات القطرية الخاصة بالملكية الفكرية مركز الويبو للمعارف الاتجاهات التكنولوجية للويبو مؤشر الابتكار العالمي التقرير العالمي للملكية الفكرية معاهدة التعاون بشأن البراءات – نظام البراءات الدولي ePCT بودابست – نظام الإيداع الدولي للكائنات الدقيقة مدريد – النظام الدولي للعلامات التجارية eMadrid الحماية بموجب المادة 6(ثالثاً) (الشعارات الشرفية، الأعلام، شعارات الدول) لاهاي – النظام الدولي للتصاميم eHague لشبونة – النظام الدولي لتسميات المنشأ والمؤشرات الجغرافية eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange الوساطة التحكيم قرارات الخبراء المنازعات المتعلقة بأسماء الحقول نظام النفاذ المركزي إلى نتائج البحث والفحص (CASE) خدمة النفاذ الرقمي (DAS) WIPO Pay الحساب الجاري لدى الويبو جمعيات الويبو اللجان الدائمة الجدول الزمني للاجتماعات WIPO Webcast وثائق الويبو الرسمية أجندة التنمية المساعدة التقنية مؤسسات التدريب في مجال الملكية الفكرية الدعم المتعلق بكوفيد-19 الاستراتيجيات الوطنية للملكية الفكرية المساعدة في مجالي السياسة والتشريع محور التعاون مراكز دعم التكنولوجيا والابتكار نقل التكنولوجيا برنامج مساعدة المخترعين WIPO GREEN WIPO's PAT-INFORMED اتحاد الكتب الميسّرة اتحاد الويبو للمبدعين WIPO Translate أداة تحويل الكلام إلى نص مساعد التصنيف الدول الأعضاء المراقبون المدير العام الأنشطة بحسب كل وحدة المكاتب الخارجية المناصب الشاغرة المشتريات النتائج والميزانية التقارير المالية الرقابة
Arabic English Spanish French Russian Chinese
القوانين المعاهدات الأحكام التصفح بحسب كل ولاية قضائية

كازاخستان

KZ041

رجوع

Law No. 1488-XII of July 2, 1992, on Protection and Use of Objects of Historical and Cultural Heritage (as amended up to Law of the Republic of Kazakhstan No. 159-V of January 13, 2014)

 Law No. 1488-XII of July 2, 1992, on Protection and Use of Objects of Historical and Cultural Heritage (as amended up to Law of the Republic of Kazakhstan No. 159-V of January 13, 2014)

On Protection and Use of the Objects of Historical - Cultural Heritage

Non-official translation

The Law of the Republic of Kazakhstan dated 2 July 1992, No. 1488 – XII

Unofficial translation

Footnote. The title as amended by the Law of the Republic of Kazakhstan dated 21

July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Footnote. Throughout the text after the word “Section” the numbers “I – IX” are

substituted respectively by the numbers “1-9” by the Law of the Republic of Kazakhstan

dated 20 December, 2004 No. 13.

Footnote. Throughout the text the word “SECTION” is substituted by the word

“Chapter”; the words “An authorized body on protection and use of historical - cultural

heritage” are substituted respectively by the words “An authorized body” by the Law of

the Republic of Kazakhstan dated 21 July, 2007 No. 307 (the order of enforcement see

Article 2 of the Law).

This Law determines the purposes, objects and legal basis in the field of

protection and use of the objects of historical - cultural heritage

Footnote. The preamble as amended by the Law of the Republic of Kazakhstan dated

21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Chapter 1. GENERAL PROVISIONS

Article 1. The legislation of the Republic of Kazakhstan on protection and

use of the objects of historical - cultural heritage

The legislation of the Republic of Kazakhstan on protection and use of the objects

of historical - cultural heritage shall be based on the Constitution of the Republic of

Kazakhstan and shall consist of this Law and other regulatory legal acts of the Republic

of Kazakhstan.

If the international treaty, ratified by the Republic of Kazakhstan establishes

the other rules, than those provided by this Law, the rules of international treaty

shall be applied.

Footnote. Article 1 is in the wording of the Law of the Republic of Kazakhstan

dated 20 December, 2004 No. 13. Article as amended by the Law of the Republic of

Kazakhstan dated 21 July, 2007 No. 307 (the order of enforcement see Article 2 of the

Law).

Article 2. Purposes of this Law

The purposes of this Law shall be:

1) objects definition of historical - cultural heritage, their protection and use;

2) securing the status of historical - cultural monuments to the objects of

historical - cultural heritage;

3) regulation of the rights and obligations of individuals and legal entities in

the scope of protection of the objects of historical - cultural heritage;

4) delineation of the competence of the state bodies in the field of protection of

the objects of historical - cultural heritage;

5) establishing of measures of responsibility for endamagement of the objects of

historical - cultural heritage.

Footnote. Article 2 is in the wording of the Law of the Republic of Kazakhstan

dated 21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 3. The basic concepts, used in this Law

The following basic concepts shall be used in this Law:

1) the list of accounting estimate – a list of the objects of historical -

cultural heritage, revealed in order to grant them the status of historical and cultural

monuments;

2) ensemble – the groups of separate or united monuments, buildings and structures

of fortified, palace, dwelling, public, administrative, trade, facility, scientific,

educational purposes, as well as monuments and constructions of religious assignment, as

well as fragments of historical planning and buildings of settlements, localized on

traditional territories;

3) monuments archeology – stations, sites, burial mound, remains of dead villages,

strengthening, productions, channels, roads, ancient burial places, stone sculptures,

rock carvings and inscriptions, sites of historical and cultural layer of ancient

inhabited locality and other places, bear the traces of life and activity of ancient

human;

4) monuments of urban construction and architecture - architectural ensembles and

composites, historic centers, quarters, squares, streets, remains of ancient planning

and buildings of cities and other inhabited localities; constructions of civil,

dwelling, industrial, military, church architecture, public art of building, as well as

creations of monumental, ornamental and applied, garden art, natural landscapes linked

with them;

5) preservation order – a document, recording the state of monument of history and

culture as of the date of execution of this document and maintain conditions of

monuments of history and culture by owner and user;

6) monuments of history and culture – separate structures, buildings,

constructions and ensembles, historical-cultural landscapes and other places of

interest, created by human or being the joint creation of human and nature, linked with

historical past of the people, development of society and state, included in the State

list of monuments of history and culture;

7) archeological works on monuments of history and culture - the realization of

the field researches by archaeological excavation, prospects and expertizes of monuments

of archeology;

8) historical-cultural reserve – ensembles and composites of monuments,

representing special historical, scientific and art value;

9) user of the monument of history and culture – an individual or legal entity, to

whom the right of use of history and culture monument is assigned on the grounds of

contract with his (her) owner, in accordance with this Law;

10) scientific and restoration works on the monuments of history and culture – all

types of production, scientific and research and project works, except of archeological,

carrying out on historical and cultural monuments;

11) objects of historical – cultural heritage – the objects of immovable property,

linked with them creations of art, sculpture, applied art, science and technology and

other artefact, resulted from historical events, representing value in terms of history,

archeology, architecture, urban construction, art, science and technology, aesthetics,

ethnology and anthropology, social culture;

12) an authorized body on protection and use of objects of historical-cultural

heritage (an authorized body) – the central executive body, carrying out the state

regulation in the field of protection and use of the objects of historical-cultural

heritage;

13) historical-cultural expertize – conclusion, including a set of organizational,

analytical and practical events, directed to establishment of historical-cultural

significance and degree of preservation of object of historical-cultural heritage;

14) historical- architectural key plan – a document of history and culture and

newly revealed objects, representing historical, scientific, art and cultural values.

Footnote. Article 3 is in the wording of the Law of the Republic of Kazakhstan

dated 21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 4. Types of monuments of history and culture, their protection and

use 1. The monuments of History and culture shall be divided into following types:

1) monuments of urban construction and architecture;

2) monuments of archeology;

3) ensembles.

4. Protection and use of monuments of history and culture shall include the system

of measures, directed to:

1) revelation, research and propaganda of the objects of historical-cultural

heritage;

2) consolidation of the objects of historical - cultural heritage of the status of

historical and cultural monuments;

3) ensuring of protection from destruction, act of vandalism, mystification,

hoaxes, distortion, making of unjustified amendments, exemption from historical context;

4) renaissance and preservation by conducting of archeological and scientific and

restoration works;

5) maintenance in accordance with the regulations, ensuring their safety;

6) use of ethno cultural environment in the process of renaissance, as well as in

scientific and educational purposes.

Footnote. Article 4 is in the wording of the Law of the Republic of Kazakhstan

dated 21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 5. The status of objects of historical-cultural heritage

The objects of historical-cultural heritage shall acquire the status of the

monuments of history and culture from the date of recognition as such according to the

procedure, established by this Law.

For adoption of decision on including of the objects of historical-cultural

heritage in the State list of history and culture monuments, the documents shall be

presented according to the procedure, established by the Government of the Republic of

Kazakhstan.

Recognition the objects of historical-cultural heritage as the monuments of

history and culture shall be consolidated by confirmation it in the State list of the

monuments of history and culture of international, republican and local significance,

subject to the compulsory official publication. The archeological monuments shall

acquire status as the monuments of history and culture from the moment of their

revelation.

The monuments of history and culture in the Republic of Kazakhstan shall subject

to the mandatory protection and preservation according to the procedure, established by

this Law, shall possess with the special legal regime of their use, change of right of

ownership on it and withdrawal of their status.

Withdrawal of the status of the history and culture monument and exception from

the State list of the monuments of history and culture shall be allowed only in the case

of full physical object loss and (or) loss of historical-cultural significance by the

decision of the Government of the Republic of Kazakhstan on presentation by the

authorized body, local executive bodies of regions, (city of republican significance,

the capital), coordinated with the special commission of the authorized body, on the

grounds of conclusion of historical-cultural expertizes.

Revealed objects of historical and cultural heritage shall be included in the list

of accounting estimate and shall subject to the protection equally with the monuments of

history and culture in accordance with this Law until adoption of conclusive decision.

Footnote. Article 5 is in the wording of the Law of the Republic of Kazakhstan

dated 20 December, 2004 No. 13. Article as amended by the Law of the Republic of

Kazakhstan dated 21 July, 2007 No. 307 (the order of enforcement see Article 2 of the

Law).

Article 6. (Is excluded by the Law of the Republic of Kazakhstan dated 20

December, 2004 No. 13)

Article 7. The competence of the Republic of Kazakhstan on protection,

preservation and use of the objects of historical-cultural heritage The Republic of Kazakhstan shall provide protection, preservation and use of the

monuments of history and culture in the name of appropriate state bodies.

The following history and culture monuments shall also be the subject to the

protection, preservation and use in accordance with the international treaties:

1) being property of the Republic of Kazakhstan, but located in the territories of

other states;

2) being property of other state, but located in the territory of the republic of

Kazakhstan;

3) being property of other state, located on their territories, but historically

related to the Republic of Kazakhstan.

The Republic of Kazakhstan shall take measures on revelation, accounting

management, preservation and return to the historical homeland of the objects of

historical-cultural heritage, located beyond its borders and recognized as historical -

cultural property of the people of Kazakhstan.

Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 21

July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Chapter 2. SPECIAL ASPECTS OF EFFECTUATION OF RIGHT OF OWNERSHIP ON THE

OBJECTS OF HISTORICAL-CULTURAL HERITAGE

Article 8. Regulation of relations of property Relations of property on the monuments of history and culture shall be regulated

by the Civil Code of the Republic of Kazakhstan and other Laws of the Republic of

Kazakhstan. Special aspects of effectuation of right of ownership on the monuments of

history and culture shall be established by this Law.

Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 20

December, 2004 No. 13. Article as amended by the Law of the republic of Kazakhstan dated

21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 9. The objects of right of property The objects of historical-cultural heritage, recognized as the monuments of

history and culture shall be the objects of right of property on the monuments of

history and culture according to the procedure, established by this Law.

Footnote. Article 9 is in the wording of the Law of the Republic of Kazakhstan

dated 21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 10. The subjects of the right of property The subjects of the right of property on the objects of historical-cultural

heritage shall be the Republic of Kazakhstan, individuals and legal entities.

Footnote. Article 10 is in the wording of the Law of the Republic of Kazakhstan

dated 21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 11. The state property on the monuments of history and culture

The monuments of history and culture, located in the territory of the Republic of

Kazakhstan and not belonging to other subjects, shall be an exclusive property of the

Republic of Kazakhstan.

The Republic of Kazakhstan shall acquire the right of property on the monuments of

history and culture, constituent the historical-cultural heritage of Kazakh and other

people, residing in the Republic of Kazakhstan, having the historical-cultural value

under contracts with their owners.

An authorized body shall carry out the powers of owner on the monuments of

international and republican significance on behalf of the Republic of Kazakhstan, and

on the monuments of history and culture of local significance – the local executive

bodies of regions (city of republican significance, the capital), districts (cities of

regional significance).

Footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 20

December, 2004 No. 13. Article as amended by the Law of the republic of Kazakhstan dated

21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 12. The rights of the subjects of property The rights of possession, use and disposition of the monuments of history and

culture as the objects of property, except of the rights of their self-destruction shall

vest to the owner.

Citizen, owned a monument of history and culture, shall have a right to require

the non-disclosure of its contents or unavailable for research and public demonstration

for the term of up to fifty years, if the object of property belong to him (her) by

right of inheritance and its origin or content related with the personality of the

testator or the ancestors of the owner.

The owner shall have a right to deriving of profit (acquisition of income) in the

results of use and exploitation of the monuments of history and culture, limited by

obligations of its protection.

Footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated 20

December, 2004 No. 13. Article as amended by the Law of the Republic of Kazakhstan dated

21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 13. Obligations of owners

Owners of the monuments of history and culture shall carry out the activity on

their protection and shall be obliged to:

1) take measures on protection of the monuments of history and culture;

2) (is excluded from 21 July, 2007 No. 307)

3) inform the local executive bodies of regions (city of republican significance,

the capital), districts (cities of regional significance) on supposed and accomplished

amendments of right of property;

4) (is excluded from 21 July, 2007 No. 307)

5) coordinate conducting of scientific and restoration works on the monuments of

history and culture of international and republican significance with the authorized

body, on the monuments of history and culture of local significance with the local

executive bodies of regions (city of republican significance, the capitan( �

6) provide access to the monument of history and culture in scientific, cultural

and other purposes according to the procedure and within the limits, established by the

special agreements with the local executive bodies of regions (city of republican

significance, the capital), districts (cities of regional significance).

Obligations of owners and users of the monuments of history and culture shall be

recorded in the preservation order, provided by the local executive bodies of regions

(city of republican significance, the capital).

Obligations, provided in a first part of this Article, shall be referred equally

to the users of the monuments of history and culture.

Footnote. Article 13 is in the wording of the Law of the Republic of Kazakhstan

dated 20 December, 2004 No. 13. Article as amended by the Law of the Republic of

Kazakhstan dated 21 July, 2007 No. 307 (the order of enforcement see Article 2 of the

Law).

Article 14. Seizure withdrawal of thriftlessly contained monuments of history

and culture In the cases when the owner of the monuments of history and culture thriftlessly

contains these monuments, which threatens the loss of their significance, such monuments

shall be withdrawn by the court decision from the owner by the state by redemption or

shall be sold from public auctions in recognition of peculiarities, provided by this

Article.

Withdrawal the monument of history and culture from the owner, being his (her)

dwelling house or housing unit, privately owned, shall not be carried out without

assignment him (her) other housing unit according to the procedure, established by the

legislation of the Republic of Kazakhstan and adequate compensation under 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 official

publication).

Article 15. Privileges upon acquisition of right of property to the monument

of history and culture

The owners of the parts of monument of history and culture, being in the joint

shared property, shall have a preferential right to acquisition in ownership the other

parts of this monument of history and culture.

Preferential right to acquire of other parts of the monument of history and

culture, provided in the first part of this Article, shall be distributed in the case,

when the buyer’s property has not the status of monument of history and culture.

The state shall have a right to preferential acquisition at the market (auction)

price, except of the cases, specified in the first and second parts of this Article.

Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 21

July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Chapter 3. STATE MANAGEMENT IN THE FIELD OF PROTECTION OF THE OBJECTS OF

HISTORICAL-CULTURAL HERITAGE

Footnote. Title of chapter 3 as amended by the Law of the Republic of Kazakhstan

dated 21 July 2007 N 307 (the order of enforcement see Article 2 of the Law).

Article 16. Public servants and system of the bodies of the state management

in the field of protection, preservation and use of the objects of historical-

cultural heritage

The state management in the field of protection, preservation and use of the

objects of historical-cultural heritage in the Republic of Kazakhstan shall carry out:

1) The President of the Republic of Kazakhstan;

2) The Government of the Republic of Kazakhstan;

3) an authorized body;

4) the 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. The Competence of the Government of the Republic of Kazakhstan in

the field of protection and use of the objects of historical-cultural heritage

The Government of the Republic of Kazakhstan shall:

1) develop the basic directions of the state policy in the field of protection and

use of the objects of historical-cultural heritage;

2) confirm the provision on the authorized body;

3) establish the rental rates for use of the monuments of history and culture,

being in the state property;

4) confirm the rules of protection and maintenance of the monuments of history and

culture;

5) confirm the rules of revelation, record, attachment and withdrawal of the

status of the monuments of history and culture;

6) confirm the rules of issuing of preservation orders on the monuments of history

and culture;

7) confirm the qualifying requirements, representing upon licensing of the

activity on carrying out of archeological, scientific and restoration works on the

monuments of history and culture;

8) confirm the procedure of assignment the use of the monuments of history and

culture of international and republican significance;

9) confirm the procedure of determination and regime of the use of protective

zones, control zones of building and zones of protected natural landscape of the objects

of historical-cultural heritage;

10) exercise other functions, imposed on it by the Constitution, the Laws of the

Republic of Kazakhstan and the 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 21.07.2007 No. 307 (the order of enforcement see Article 2 of the Law); 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 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012).

Article 18. The competence of the local executive bodies of regions (city of

republican significance, the capital), districts (cities of regional

significance)

The local executive bodies of regions (city of republican significance, the

capital) shall:

1) provide revelation, record, protection, use of the objects of historical-

cultural heritage and conducting of scientific and restoration works on the monuments of

history and culture;

2)(is excluded from 21 July, 2007 No. 307)

3) provide the measures on organization of record, protection, scientific and

restoration works on the monuments of history and culture of local significance in the

plans of economic and social development of relevant territory;

4) decide the issue on assignment for use of the monuments of history and culture

of local significance, being the state property;

5)(is excluded from 21 July, 2007 No. 307)

6) enforce the measures on revelation, study, preservation of the monuments of

history and culture of all categories, making of historical and architectural basic

plans and schematic maps on agreement with the authorized body upon development and

confirmation of the projects of planning, building and reconstruction of cities and

other inhabited localities;

7) form the preservation orders on the monuments of history and culture and

control their execution by the owners and users;

8) apply on bringing to responsibility of individuals and legal entities,

violating the legislation of the Republic of Kazakhstan on protection and use of the

monuments of history and culture;

9) contribute suggestions on formation of commissions on protection of the

monuments of history and culture in the local executive body of region (city of

republican significance, the capitan( �

10) conduct the work on revelation, record, protection of the objects of

historical-cultural heritage;

11) consider and coordinate of scientific and planning documentation for all kind

of works on the monuments of history and culture and their protective zones, development

plans, buildings and reconstruction;

12) carry out protection and use of the monuments of history and culture, objects

of environment, linked with the monuments of history and culture in coordination with

the interested state bodies;

13) carry out the state control of use and the order of maintenance, as well as

execution of archaeological, scientific and restoration works on the monuments of

history and culture of local significance on the relevant territories;

14) issue instructions to the owners and user of the monuments of history and

culture on violation this Law by them;

15) apply other measures of administrative influence on the grounds and according

to the procedure, provided by the legislation of the Republic of Kazakhstan on

administrative offences;

16) exercise other powers in the interests of local state management, imposed on

the local executive bodies by the legislation of the Republic of Kazakhstan.

The local executive bodies of districts (cities of regional significance) in its

territory shall:

1) assist organization of patronage of individuals and legal entities over the

monuments of history and culture;

2) engage society to carrying out of measures on protection and propaganda of the

monuments of history and culture;

3) enforce the legislation of the Republic of Kazakhstan on protection and use of

the objects of historical-cultural heritage;

4) decide the issue on suspension, as well as prohibition of construction and

other works, creating a danger for the monuments of history and culture on presentation

of the authorized body;

5) contribute suggestions to the local executive bodies of regions (city of

republican significance, the capital) or to the authorized body within its competence,

on disposal of damage, threatening of destruction of the monuments of history and

culture;

6) contribute suggestions on announcement of the objects of historical-cultural

heritage as protected on the ground of historical-cultural expertizes;

7) exercise other powers in the interests of local state management, imposed on

the 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

21.07.2007 No. 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).

Article 19 as amended by the Law of the Republic of Kazakhstan dated 16.05.2014 No. 203-

V (shall be enforced upon expiry of six months after its first official publication).

Article 19. The competence of the authorized body

An authorized body shall:

1) realize the state policy in the field of protection and use of the monuments of

history and culture;

2) carry out the state control of execution of archeological, scientific and

restoration works on the monuments of history and culture of international and

republican significance;

3) develop and confirm the regulatory legal acts on issues of protection and use

of the monuments of history and culture;

4) issue a license to conduct of archeological and (or) scientific and restoration

works on the monuments of history and culture according to the procedure, established by

the legislation of the Republic of Kazakhstan;

5)is 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 its first official

publication);

6) adopt decisions on assignment for use of the monuments of history and culture

of international and republican significance, being the state property;

7) confirm the rules of conducting of historical-cultural expertizes;

8) Get approval for the projects of planning, building and reconstruction of

cities and other inhabited localities, having the monuments of history and culture;

9) enforce requirements of the legislation of the Republic of Kazakhstan in the

field of protection and use of the objects of historical-cultural heritage;

10) carry out the state control of use and the order of maintenance of the

monuments of history and culture of international and republican significance;

11) apply other measures of administrative influence on the grounds and according

to the procedure, provided by the legislation of the Republic of Kazakhstan on

administrative offences;

12) carry out control of construction of new monuments of history and culture;

13) develop the procedure of determination and regime of the use of protective

zones, control zones of building and zones of protected natural landscape of the objects

of historical-cultural heritage;

14) develop and confirm the forms of compulsory departmental accounting, prompt

sheets, rating rationale of risk level, semi-annuals plans of conduct of verifications

in accordance with the Law of the Republic of Kazakhstan “On the state control and

supervision in the Republic of Kazakhstan”;

15) carry out other powers, provided by this Law, other Laws of the Republic of

Kazakhstan, the 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 21.07.2007 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 No. 188-IV (the order of

enforcement see Article 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 its first official publication).

Article 20. The competence of the state body of management of archives and

documentation of the Republic of Kazakhstan in the field of protection and use

of historical-cultural heritage

(Article is excluded by the Law of the Republic of Kazakhstan dated 21 July, 2007

No. 307 (the order of enforcement see Article 2 of the Law)

Article 20-1. The state control

1. The purpose of the state control in the field of protection and use of the

objects of historical-cultural heritage shall be enforcement by the individuals and

legal entities of the legislation of the Republic of Kazakhstan in the field of

protection and use of the objects of historical-cultural heritage.

2. The state control in the field of protection and use of the objects of

historical-cultural heritage, carrying out by the authorized body shall include control

of:

1) the state of using and procedure of maintenance of the monuments of history and

culture of all categories;

2) construction of new monuments of history and culture;

3) observance of conditions of issued license by the licensee;

4) execution of archeological, scientific and restoration works on the monuments

of history and culture of international and republican significance.

3. The state control in the field of protection and use of the objects of

historical-cultural heritage, carrying out by the local executive bodies of regions

(city of republican significance, the capital), shall include:

1) the state control of the state of using and procedure of maintenance of the

monuments of history and culture of local significance;

2) the state control of execution of archeological, scientific and restoration

works on the monuments of history and culture of local significance.

4. The state control in the field of protection and use of the objects of

historical-cultural heritage shall be carried out by the authorized body, local

executive bodies of regions (city of republican significance, the capital) in the form

of inspection.

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. The state control in the field of protection and use of the objects of

historical-cultural heritage shall be carried out in the form of inspection and other

forms.

Inspection shall be carried out in accordance with the Law of the Republic of

Kazakhstan “On the state control and supervision in the Republic of Kazakhstan”. Other

forms of the state control shall be carried out in accordance with this Law.

Footnote. Chapter 3 is supplemented by Article 20-1 in accordance with the Law of

the Republic of Kazakhstan dated 21 July, 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 No. 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).

Chapter 4. FINANCING OF THE FIELD OF PROTECTION AND USE OF HISTORICAL-

CULTURAL HERITAGE (Chapter 4 is excluded by the Law of the Republic of Kazakhstan dated 21 July, 2007 No.

307 (the order of enforcement see Article 2 of the Law)

Article 21. (Is excluded by the Law of the Republic of Kazakhstan dated 20

December, 2004 No. 13)

Chapter 5. PARTICIPATION OF PHYSICAL AND LEGAL ENTITIES IN CARRYING OUT OF

MEASURES ON PROTECTION AND USE OF THE OBJECTS OF HISTORICAL-CULTURAL HERITAGE Footnote. Title of chapter 5 is in the wording of the Law of the Republic of

Kazakhstan dated 21 July, 2007 No. 307 (the order of enforcement see Article 2 of the

Law).

Article 22. Participation of physical and legal entities in carrying out of

measures on protection and use of the objects of historical-cultural heritage

Individuals and legal entities shall participate in propaganda and popularization

of the monuments of history and culture, shall assist to the local executive bodies of

regions (city of republican significance, the capital) in carrying out of measures on

protection, preservation and use of the monuments of history and culture.

Individuals and legal entities shall have a right to establish the patronage under

the monuments of history and culture in order to ensure their safety.

Footnote. Article 22 is in the wording of the Law of the Republic of Kazakhstan

dated 21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 23. Participation of Kazakh society of protection of monuments of

history and culture in carrying out of measures on protection and use of

historical-cultural heritage

(Article is excluded by the Law of the Republic of Kazakhstan dated 21 July,

2007 No. 307 (the order of enforcement see Article 2 of the Law)

Article 24. Participation of National Academy of Sciences of the Republic of

Kazakhstan in protection and use of historical-cultural heritage

(Article is excluded by the Law of the Republic of Kazakhstan dated 21 July,

2007 No. 307 (the order of enforcement see Article 2 of the Law)

Chapter 6. THE STATE RECORD OF THE MONUMENTS OF HISTORY AND CULTURE

Article 25. (Is excluded by the Law of the Republic of Kazakhstan dated 20

December, 2004 No. 13)

Article 26. Rating the monuments of history and culture to the categories of

the monuments of international, republican and local significance

In order of effective accounting management and protection of the monuments of

history and culture, the monuments shall be subdivided into the following categories:

1) the monuments of history and culture of international significance,

representing historical, scientific, architectural, art and memorial values, including

in the List of World Cultural and Natural Heritage UNESCO;

2) the monuments of history and culture of republican significance, representing

historical, scientific, architectural, art and memorial values, having special

importance for history and culture of all country;

3) the monuments of history and culture of local significance, representing

historical, scientific, architectural, art and memorial values, having special

importance for history and culture of regions (city 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 20 December, 2004 No. 13.

Article 27. The procedure of confirmation of lists of the monuments of

history and culture The list of the monuments of history and culture, proposed for inclusion in the

List of World Cultural and Natural Heritage UNESCO, shall be represented by the

Government of the Republic of Kazakhstan according to the procedure, established by the

legislation of the Republic of Kazakhstan.

The state list of the monuments of history and culture of republican significance

shall be confirmed by the Government of the Republic of Kazakhstan on presentation of

the authorized body.

The state list of the monuments of history and culture of local significance shall

be confirmed by the local executive bodies of regions (city of republican significance,

the capital) in coordination with the authorized body.

Footnote. Article 27 is in the wording of the Law of the Republic of Kazakhstan

dated 20 December, 2004 No. 13. Article as amended by the Law of the Republic of

Kazakhstan dated 21 July, 2007 N 307 (the order of enforcement see Article 2 of the

Law).

Article 28. The procedure of formation and composition of the special

commission of the authorized body The special commission, composed of scientists, specialists, artists and people of

art, representatives of creative unions and other public associations shall be created

by the authorized body for preparation of conclusion on recognition of the objects of

historical-cultural heritage as the monuments of history and culture, as well as

withdrawal of their status.

Footnote. Article 28 is in the wording of the Law of the Republic of Kazakhstan

dated 20 December, 2004 No. 13. Article as amended by the Law of the Republic of

Kazakhstan dated 21 July, 2007 No. 307 (the order of enforcement see Article 2 of the

Law).

CHAPTER 7. THE PROCEDURE FOR USE OF THE MONUMENTS OF HISTORY AND CULTURE

Footnote. Title of chapter 7 is in the wording of the Law of the Republic of

Kazakhstan dated 21 July, 2007 No. 307 (the order of enforcement see Article 2 of the

Law).

Article 29. Using of the monuments of history and culture

The monuments of history and culture shall be used in order renaissance and

development of spiritual and cultural traditions of people of Kazakhstan, as well as in

scientific and educational purposes.

Regime of using of the monuments of history and culture of cities and other

inhabited localities shall be determined in the projects in their zones of protection,

confirmed by the local executive bodies of region (city of republican significance, the

capital), in accordance with the rules of protection and use of the monuments of history

and culture,

Footnote. Article 29 as amended by the Law of the Republic of Kazakhstan dated 20

December, 2004 No. 13. Article as amended by the Law of the Republic of Kazakhstan dated

21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 30. Procedure and conditions of assignment the monuments of history

and culture in use

Assignment the monuments of history and culture for use to individuals and legal

entities for scientific, cultural and educational, tourist and other purposes shall be

carried out according to the procedure, determined by this Law.

The monuments of history and culture of local significance shall be assigned for

use by the decision of local executive bodies of regions (city of republican

significance) in accordance with this Law.

The monuments of history and culture of international and republican significance

shall be assigned for use by the decision of the authorized body.

Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 20

December, 2004 No. 13. Article as amended by the Law of the Republic of Kazakhstan dated

21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 31. Activity of museums, libraries, archives, educational

institutions, other institutions and organizations on ensuring protection and

preservation of the monuments of history and culture, being in their use

(Article is excluded by the Law of the Republic of Kazakhstan dated 21 July,

2007 No. 307 (the order of enforcement see Article 2 of the Law)

Article 32. Deprivation of right of using the monuments of history and

culture

Individuals and legal entities, in use of which are the monuments of history and

culture, shall be forfeited the right of using, in case of breach of duty by them of

using the monuments of history and culture in accordance with their nature and purpose,

in the result of which the monument of history and culture shall be incurred to

threatening of disposal of damage.

Deprivation of right of using the monuments of history and culture depending on

its category may be executed only by the court decision on the grounds of application of

owner of the monument of history and culture or the authorized body, local executive

body of region (city of republican significance, the capital), unless otherwise provided

by the preservation order of the monument of history and culture.

Footnote. Article 32 as amended by the Law of the Republic of Kazakhstan dated 20

December, 2004 No. 13. Article as amended by the Law of the Republic of Kazakhstan dated

21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 33. Protection of the monuments of history and culture, located on

land, assigned for use

Individuals and legal entities shall be obliged to protect the monuments of

history and culture, located on land, assigned them for use.

Footnote. Article 33 is in the wording of the Law of the Republic of Kazakhstan

dated 21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 34. Scientific and restoration works on the monuments of history and

culture

1. Scientific and restoration works on the monuments of history and culture shall

include:

1) scientific research - the package of measures, directed to study, evaluation of

quality and degree of preservation of the monument of history and culture in order of

creation of construction documentation and performance of necessary works on its

maintenance.

2) preservation - the package of measures, preserving the monument of history and

culture from further destruction and providing the strengthening and protection of

constructional parts and decorative elements without change of traditional figure of the

monument. Preservation shall include emergency works, consisting of measures, providing

the physical preservation of the monument.

3) restoration – the package of measures, providing preservation and disclosure of

historical, architectural and art figure of the monument of history and culture by

removing it from the layers, not having values ??and distort the figure of the monument,

replenishment of lost elements of the building, ensemble, complex on the base of data

based on science;

4) recreation – the package of measures on restore the lost monument of history

and culture in the existence of sufficient scientific data and special historical,

scientific, art or other cultural significance of the monument of history and culture;

5) repair - the package of measures on maintain of the technical state of the

monument of history and culture by performance of periodic works without change of its

current figure;

6) adjusting - the package of measures, executed in order to create conditions for

the modern use of the monument of history and culture without historical and cultural

monument without endamagement of its historical, art value and preservation.

2. Scientific and restoration works on the monuments of history and culture of

international and republican significance shall be carried out under control of the

authorized body, on the monuments of history and culture of local significance – under

control of local executive bodies of regions (city of republican significance, the

capital).

3. Scientific and restoration works on the monuments of history and culture shall

be carried out at the expense of budget funds, attracting investments, as well as at the

expense of owners and users of the monuments of history and culture.

4. Scientific and restoration works on the monuments of history and culture shall

be carried out by individuals and legal entities on the base of license.

Footnote. Article 34 is in the wording of the Law of the Republic of Kazakhstan

dated 21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 35. Coordination with the authorized body of the projects of

planning, building and reconstruction of cities and other inhabited localities,

having the monuments of history and culture The projects of planning, building and reconstruction of cities and other

inhabited localities, as well as land-use maps, having the monuments of history and

culture, shall subject to coordination with the authorized body.

Footnote. Article 35 as amended by the Law of the Republic of Kazakhstan dated 20

December, 2004 No. 13.

Article 36. The zones of protection of monuments of history and culture 1. Protective zones, control zones of building and zones of protected natural

landscape shall be established according to the procedure, determined by the legislation

of the Republic of Kazakhstan in order of providing of protection of the monuments of

history and culture.

2. Borders of protective zones, control zones of building and zones of protected

natural landscape of the objects of historical-cultural heritage shall be confirmed by

the local representative bodies (maslikhats) of regions (city of republican

significance, the capital) on presentation of relevant local executive bodies and shall

be introduced in the historical-architectural basic plan and schematic map of relevant

locality, where the location of the monuments of history and culture and newly

discovered objects are recorded.

3. The measures of administrative influence may be applied by the authorized body

within the specified zones according to the procedure, provided by the legislation of

the Republic of Kazakhstan on administrative violations.

Footnote. Article 36 is in the wording of the Law of the Republic of Kazakhstan

dated 21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 37. Protection of historical-cultural reserves

Ensembles and composites of monuments of history and culture, territory,

representing the special historical, scientific, art or other cultural values may be

declared as the historical-cultural reserves, protection of which shall be carried out

on the grounds of special Provisions on it.

Footnote. Article 37 as amended by the Law of the Republic of Kazakhstan dated 21

July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 38. Prohibition of movement and change of the monuments of history

and culture

1. Movement and change of the monuments of history and culture shall be

prohibited.

2. Exclusion shall be allowed only in the cases of destruction of more than

seventy percent of the monument of history and culture or loss of historical-cultural

values, or if its movement entail improvement of conditions of its preservation, on

agreement with the special commission of the authorized body on the ground of conclusion

of historical-cultural expertize:

1) by the decision of the Government of the Republic of Kazakhstan on presentation

of the authorized body on the monuments of history and culture of international and

republican significance;

2) by the decision of the authorized body on presentation of local executive

bodies of regions (city of republican significance, the capital) on the monuments of

history and culture of local significance.

3) Individuals and legal entities, receiving such decision, shall be obliged to

ensure the observance of conditions, provided by the legislation of the Republic of

Kazakhstan upon movement or change of the monument, and an authorized body shall be

obliged to conduct the works on scientific study and fixing of the monument of history

and culture.

3. Expenses, linked with carrying out of specified works, shall be carried out at

the expense of individuals and legal entities, receiving decision to movement or change

of the monument of history and culture.

Article 39. Protection of the monuments of historical-cultural heritage upon

territory development

1. Research works on revelation of the objects of historical-cultural heritage

shall be executed upon territory development to allocation of the land plots.

2. In case of detection of the objects, having historical, scientific, art and

other cultural value, the individuals and legal entities shall be obliged to suspend the

further conduct of works and shall inform on it the authorized body.

3. Conduct of the works, which may create danger to the carrying out of objects of

historical-cultural heritage shall be prohibited.

Footnote. Article 39 is in the wording of the Law of the Republic of Kazakhstan

dated 21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 40. Conducting of excavations and reconnaissance on the monuments of

archeology

Conducting of excavations and reconnaissance on the monuments of archeology shall

be allowed in existence of a license.

A license on the archaeological and (or) scientific-restoration works on the

monuments of history and culture in the territories of the Republic of Kazakhstan shall

be issued to the authorized bodies in coordination with the local executive bodies of

regions (city of republican significance).

All the materials and findings, received by the legal entities and individuals of

the Republic of Kazakhstan and other states in the results of archeological researches

in the territory of Kazakhstan, shall be transferred to the state museums of the

Republic of Kazakhstan after scientific fixation and processing. Their export beyond the

Republic of Kazakhstan shall be prohibited.

Footnote. Article 40 as amended by the Law of the Republic of Kazakhstan dated 20

December, 2004 No. 13. Article as amended by the Law of the Republic of Kazakhstan dated

21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 41. Imports and exports of the monuments of history and culture The procedure of imports in the territory of the Republic of Kazakhstan and

exports from the territory of the Republic of Kazakhstan shall be determined by the

legislation of the Republic of Kazakhstan.

Chapter 8. RESPONSIBILITY FOR VIOLATION OF THE LEGISLATION OF THE REPUBLIC OF

KAZAKHSTAN ON PROTECTION AND USE OF THE OBJECTS OF HISTORICAL-CULTURAL HERITAGE

AND CONTROL OF ITS EXECUTION Footnote. Title of chapter 8 as amended by the Law of the Republic of Kazakhstan

dated 21 July, 2007 No. 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 protection of the objects of historical-cultural heritage

Persons, guilty in violation of the legislation of the Republic of Kazakhstan on

protection of the objects of historical-cultural heritage, in terms of an action and

omission, shall bear responsibility in accordance with the Laws of the Republic of

Kazakhstan.

Individuals and legal entities, injured the monument of history and culture or its

protective zone, shall be obliged to reconstruct the monument of history and culture or

its protective zone, and upon impossibility of this – to compensate the inflicted

damages in accordance with the civil legislation of the Republic of Kazakhstan.

Reconstruction of the monument of history and culture or its protective zone shall be

carried out under control of the authorized body.

Footnote. Article 42 as amended by the Law of the Republic of Kazakhstan dated 20

December, 2004 No. 13. Article as amended by the Law of the Republic of Kazakhstan dated

21 July, 2007 No. 307 (the order of enforcement see Article 2 of the Law).

Article 43. Control of execution of the legislation of the Republic of

Kazakhstan on protection and use of the objects of historical-cultural heritage

Control of execution of the legislation of the Republic of Kazakhstan on

protection and use of the objects of historical-cultural heritage shall carry out:

1) local executive bodies of regions (city of republican significance, the

capital), districts (cities of regional significance);

2) an authorized body.

Footnote. Article 43 is in the wording of the Law of the Republic of Kazakhstan

dated 21 July, 2007 No 307 (the order of enforcement see Article 2 of the Law).

Chapter 9.

(Is excluded by the Law of the Republic of Kazakhstan dated 20 December, 2004

No. 13)

The President

of the Republic of Kazakhstan

© 2012. Republican Center of Legal Information of the Ministry of Justice RSE on the basis of

economic control rights