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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

This Law determines the purposes, tasks and the legal basis in the field of protection and use of objects of historical and cultural heritage.

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. Purpose and tasks of protection and use of objects of historical and cultural heritage

1. The purpose of protection and use of objects of historical and cultural heritage is ensuring their revival, safety, promoting.

2. Tasks of protection and use of objects of historical and cultural heritage are:

1) identification, accounting, research and monitoring of condition 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) assistance to international cooperation in the field of protection and use of objects of historical and cultural heritage;

4) ensuring safety of historical, architectural and art appearance of objects of historical and cultural heritage when carrying out archaeological works and scientific and restoration works on historical and cultural monuments.

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 ancient constructions, settlements, strengthenings, productions, channels, roads, the burial grounds, barrows, necropolises, megalytic constructions, stone sculptures, petroglyphs, sites of historical occupation layer of ancient settlements and other places having traces of life and activities of the person;

3) archaeological works - works on identification, research and preserving objects of historical and cultural heritage by carrying out archeological excavations and investigations;

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;

5) the preliminary list of the world cultural heritage of the Republic of Kazakhstan - the list of historical and cultural monuments represented to Committee of the world heritage of UNESCO for inclusion in the List of the world cultural and natural heritage of UNESCO;

6) monuments of town planning and architecture - architectural complexes and complexes, historic centers, quarters, the areas, streets, constructions of civil, residential, industrial, military, cult architecture, national architecture, and also the related works of monumental, arts and crafts and landscape gardening art, natural landscapes;

7) the security obligation - the document fixing condition of historical and cultural monument at the time of execution of this document and condition of keeping of historical and cultural monument by the owner or the user of historical and cultural monument;

8) memorial board - the plate from marble, granite, metal or other materials containing information on the outstanding personality or significant event, established on facades of buildings and constructions;

9) constructions of monumental art - performing monumental art (monuments, steles, busts) established for perpetuating of memory of outstanding persons, significant historical events;

10) historical and cultural monuments - the objects of historical and cultural heritage included in the State list of historical and cultural monuments;

11) scientific and restoration works on historical and cultural monuments - the research, project and production works which are carried out for the purpose of ensuring safety of historical and cultural monuments;

12) the State list of historical and cultural monuments - the list of the objects of historical and cultural heritage recognized as historical and cultural monuments with indication of their type, category and coordinates;

13) the user of historical and cultural monument - physical person or legal entity which according to this Law is granted right to use by historical and cultural monument based on the contract with his owner;

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