LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 26, 2019 No. 288-VI ZRK

About protection and use of objects of historical and cultural heritage

The preamble is excluded according to the Law of the Republic of Kazakhstan of 10.01.2025 No. 153-VIII ZRK

Article 1. Legislation of the Republic of Kazakhstan on protection and use of objects of historical and cultural heritage

The legislation of the Republic of Kazakhstan on 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 the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 2. Main objectives and tasks of this Law

1. Main objectives of this Law are protection and use of objects of historical and cultural heritage, ensuring their revival, safety and promoting.

2. The main objectives of this Law are:

1) ensuring identification, accounting, protection and use of objects of historical and cultural heritage;

2) ensuring the state control in the field of protection and use of objects of historical and cultural heritage;

3) promoting of historical and cultural monuments at the international level;

4) ensuring safety of objects of historical and cultural heritage.

Article 2-1. Basic principles of this Law

The basic principles of this Law are:

1) creation of conditions for protection and use of objects of historical and cultural heritage;

2) protection and preserving objects of historical and cultural heritage;

3) support of scientific maintenance of objects of historical and cultural heritage;

4) general availability of objects of historical and cultural heritage for the scientific, educational, tourist, information and educational purposes.

Article 3. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) ensembles and complexes - groups of the isolated or integrated monuments, structures and constructions of fortification, palace, residential, public, administrative, trade, production, scientific, educational, cult assignment, including fragments of historical layouts and buildings of settlements, localizable in historically developed territories;

2) archeology monuments - parking, ancient settlements, remaining balance of constructions, settlements, strengthenings, productions, channels, roads, burial grounds, barrows, necropolises, megalytic constructions, stone sculptures, objects of petroglyphic art, including the petroglyphs, sites of historical occupation layer of settlements and other objects having the traces of life and activities of the person in the historical past which are subject to identification, research and preserving by means of implementation of archaeological works;

3) archaeological works - planned or unplanned (preventive) archaeological works on identification, research and preserving objects of historical and cultural heritage by carrying out archaeological investigations and excavation;

3-1) register of the objects of historical and cultural heritage revealed during archaeological works - the list of the objects of historical and cultural heritage revealed during archaeological works, created in the single automated information system on archaeological works;

3-2) register of persons which are carrying out archaeological works - the list of the physical persons and legal entities which are carrying out archaeological works in the territory of the Republic of Kazakhstan based on the license for activities for implementation of archaeological works, created in the single automated information system on archaeological works;

3-3) single automated information system on archaeological works - the object of informatization providing data management about the objects of historical and cultural heritage revealed during archaeological works;

3-4) archaeological material - the objects and samples revealed during archaeological works and which are of value as subjects to scientific research;

3-5) mass archeological finds - the archeological finds in the form of fragments, details or multiple same objects which do not have special value and in total the reflecting cultural and chronological features of the researched object of historical and cultural heritage;

3-6) The state fund of mass archeological finds and archaeological materials - set of the mass archeological finds and archaeological materials received during archaeological works in the territory of the Republic of Kazakhstan and the mass archeological finds and archaeological materials which are subject to storage in National depositary;

3-7) individual archeological finds - the archeological finds having special historical, cultural, scientific value and reflecting cultural and chronological features of the researched object of historical and cultural heritage;

3-8) unplanned (preventive) archaeological works - works on identification, research and preserving the objects of historical and cultural heritage located on the parcels of land which are subject to development, and (or) being under the threat of destruction by carrying out archaeological investigations and excavation;

3-9) planned archaeological works - the research works on identification, research and preserving objects of historical and cultural heritage by carrying out archaeological investigations and excavation performed on the basis of the plan of archaeological works;

4) sacral objects - the historical and memorable places, man-made and natural cult objects, landscapes, constructions connected with outstanding historical events and persons, and also cultural wealth of the people;

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