ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 4, 2023 No. 866

About some questions of the Ministry of Culture and information of the Republic of Kazakhstan

For the purpose of implementation of the Presidential decree of the Republic of Kazakhstan of September 1, 2023 "About measures for further enhancement of system of public administration of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES: No. 318

1. Approve enclosed:

1) Regulations on the Ministry of Culture and information of the Republic of Kazakhstan;

2) changes which are made to some decisions of the Government of the Republic of Kazakhstan.

2. Determine:

1) the Ministry of Culture and information of the Republic of Kazakhstan authorized body on management of the corresponding industry (sphere) of public administration concerning the republican legal entities specified in Item 1 of appendix 1 to this resolution;

2) Committee of archives, documentation and book case of the Ministry of Culture and information of the Republic of Kazakhstan by authorized body on management of the corresponding industry (sphere) of public administration on the republican legal entities specified in Item 2 of appendix 1 to this resolution;

3) Committee of culture of the Ministry of Culture and information of the Republic of Kazakhstan authorized body on management of the corresponding industry (sphere) of public administration concerning the republican legal entities specified in Item 3 of appendix 1 to this resolution;

4) Committee of information of the Ministry of Culture and information of the Republic of Kazakhstan authorized body on management of the corresponding industry (sphere) of public administration concerning the republican legal entity specified in item 4 of appendix 1 to this resolution;

5) Committee on development of the interethnic relations of the Ministry of Culture and information of the Republic of Kazakhstan by authorized body on management of the corresponding industry (sphere) of public administration concerning the republican legal entity specified in Item 5 of appendix 1 to this resolution.

3. To committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan to transfer in the procedure established by the legislation of the Republic of Kazakhstan to the Ministry of Culture and information of the Republic of Kazakhstan rights of possession and uses of the state blocks of shares and (shares of participation) of legal entities according to appendix 2 to this resolution.

4. To the Ministry of Culture and Information of the Republic of Kazakhstan together with Committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan to take the measures following from this resolution.

5. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix 3 to this resolution.

6. This resolution becomes effective from the date of its signing.

Approved by the Order of the Government of the Republic of Kazakhstan of October 4, 2023 No. 866

Regulations on the Ministry of Culture and information of the Republic of Kazakhstan

Chapter 1. General provisions

1. The Ministry of Culture and Information of the Republic of Kazakhstan (further - the Ministry) is the state body of the Republic of Kazakhstan performing management in spheres of culture, protection and use of objects of historical and cultural heritage, cinematography, the state symbols, archiving and documentary ensuring management, electronic document management and electronic archives in the field of onomastics, the creative industries and commercialization of results of creative activities, information, mass media, activities of public councils, interaction of the state and civil society, religious activities, the state youth and family policy, upgrade of public consciousness, charity, volunteer activities, mediation, ensuring internal political stability, interfaith and interethnic consent, information access, online platforms and online advertizing.

2. The ministry has departments:

1) republican public institution "Committee on cases of civil society of the Ministry of Culture and information of the Republic of Kazakhstan";

2) republican public institution "Committee of information of the Ministry of Culture and information of the Republic of Kazakhstan";

3) republican public institution "Committee of archives, documentation and book case of the Ministry of Culture and information of the Republic of Kazakhstan";

4) republican public institution "Committee on cases of religions of the Ministry of Culture and information of the Republic of Kazakhstan";

5) republican public institution "Committee on cases of youth and family of the Ministry of Culture and information of the Republic of Kazakhstan";

6) republican public institution "Committee of culture of the Ministry of Culture and information of the Republic of Kazakhstan";

7) republican public institution "Committee on development of the interethnic relations of the Ministry of Culture and information of the Republic of Kazakhstan".

3. The ministry performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

4. The ministry is legal entity in form of business of public institution, has seals with the image of the State Emblem of the Republic of Kazakhstan and stamps with the name in Kazakh, forms of the established sample, accounts in bodies of treasury according to the legislation of the Republic of Kazakhstan.

5. The ministry enters the civil relations from own name.

6. The ministry has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

7. The ministry of questions of the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of the Ministry and other acts, stipulated by the legislation the Republic of Kazakhstan.

8. The structure and limit of the number of staff of the Ministry affirm according to the legislation of the Republic of Kazakhstan.

9. Ministry location: The Republic of Kazakhstan, the city of Astana, Esilsky district, Prospekt Mang_l_k ate 010000,, the house 8, entrance No. 14.

10. This Provision is the constituent document of the Ministry.

11. Financing of activities of the Ministry is performed from the republican budget according to the legislation of the Republic of Kazakhstan.

12. The ministry is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are powers of the Ministry.

If the Ministry by legal acts is granted the right to perform the activities which are bringing in incomes, then the gained income goes to the government budget if other is not established by the legislation of the Republic of Kazakhstan.

Chapter 2. Tasks and powers of the Ministry of Culture and information of the Republic of Kazakhstan

13. Tasks:

forming of state policy in spheres:

1) cultures, and also international cultural ties;

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

3) cinematographies;

4) state symbols;

5) archiving and documentary ensuring management;

6) electronic document management and electronic archives, including office information of limited distribution and work with it;

7) onomastics;

8) creative industries and commercialization of results of creative activities;

9) information;

10) information access;

11) protection of children from information doing harm to their health and development;

12) mass media;

13) No. 810 is excluded according to the Order of the Government of the Republic of Kazakhstan of 30.09.2024

14) online platforms and online advertizing;

15) religious activities;

16) state youth and family policy;

17) upgrades of public consciousness;

18) charities;

19) volunteer activities;

20) mediations;

21) ensuring internal political stability, interfaith and interethnic consent;

22) interactions of the state, civil society and public councils;

23) implementation of other tasks assigned to the Ministry within the competence.

14. Powers:

1) rights:

adopt legal acts, obligatory for execution, within the competence;

request and receive in the procedure established by the legislation from state bodies, the organizations, their officials necessary information and materials;

bring to the President and in the Government of the Republic of Kazakhstan suggestions for improvement of activities in the spheres regulated by the Ministry;

create advisory advisory bodies under the Ministry;

interact with other state bodies, the non-profit and international organizations according to the procedure, determined by legal acts of the Republic of Kazakhstan, and also based on joint acts of the relevant state bodies in coordination with them;

take a legal action;

delegate part of the powers and functions to departments;

perform other rights according to the legislation of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan;

request from the owner and (or) the legal representative of online platform information on the number of users in days;

determine the number of users in case of absence on online platform of functions of determination of number of users;

limit activities of foreign online platform or service of instant messaging in the territory of the Republic of Kazakhstan according to the laws of the Republic of Kazakhstan;

request from owners and (or) legal representatives of online platforms of the information about users based on court resolutions, requests of law enforcement or special state bodies of the Republic of Kazakhstan;

2) obligations:

observe the legislation of the Republic of Kazakhstan, it is right also the interests of physical persons and legal entities protected by the law;

accept and consider appeals of physical persons and legal entities according to the procedure and the terms established by the Administrative procedural Procedure Code of the Republic of Kazakhstan;

provide realization of the tasks and functions assigned to the Ministry;

adopt regulatory legal acts, obligatory for execution, within the competence;

make explanations and comments on application of the current legislation on the questions entering competence of the Ministry;

ensure safety of the state-owned property which is on balance of the Ministry;

provide complete, timely and effective use of the budgetary funds allocated to the Ministry;

carry out the analysis and monitoring of activities of non-profit organizations regarding identification of risks of financing of terrorism with submission of such information to authorized body in the sphere of counteraction of legalization (washing) of income gained in the criminal way, to terrorism financing;

perform other obligations according to the legislation of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan.

15. Functions:

1) development, coordination with authorized body in the sphere of permissions and notifications and authorized body in the sphere of informatization, approval of regulatory legal acts about approval of qualification requirements and the list of the documents confirming compliance to them;

2) implementation of counteraction to terrorism within the competence established by the legislation of the Republic of Kazakhstan;

3) presentation in courts of claims according to the legislation of the Republic of Kazakhstan;

4) determination of need for personnel in regulated spheres;

5) implementation according to the decision of the Government of the Republic of Kazakhstan of right of possession and uses of the state block of shares (shares in the authorized capital), and also functions of authorized body on management of the corresponding industry (sphere) of public administration concerning the republican state companies and public institutions;

6) forming implementation, development and safety of common information space of the Republic of Kazakhstan, and also interagency coordination of activities for safety of information space;

7) observance of gender balance in case of acceptance for work and promotion of employees;

8) carrying out digital transformation;

9) implementation of cross-industry coordination in the fields of activity carried to competence of the Ministry, and also state regulation of limits stipulated by the legislation the Republic of Kazakhstan;

10) creation of the Republican commission on questions of the state information policy;

11) development and approval of procedure for award, size of the monetary reward and nomination national awards "Tumar" and "Urker";

12) development and approval of standard regulations on regional commissions concerning the state information policy;

13) development and approval of rules of forming and placement on domestic TV channels of social advertizing on promoting of healthy lifestyle in coordination with authorized bodies in the field of health care and advertizing;

14) development and approval of standard rules of accreditation of journalists;

15) development and approval of rules of rendering services of TV and radio broadcasting;

16) development and approval of rules of carrying out tender on forming of the list obligatory non-state TV, radio channels;

17) development and approval together with authorized body on entrepreneurship of checking sheets, criteria for evaluation of risk degree according to the Entrepreneurial code of the Republic of Kazakhstan;

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