ORDER OF THE MINISTER OF CULTURE AND INFORMATION OF THE REPUBLIC OF KAZAKHSTAN

of August 20, 2007 No. 219

About approval of Rules of conducting historical and cultural examination

According to the subitem 7) of article 19 of the Law of the Republic of Kazakhstan of July 2, 1992 "About protection and use of objects of historical and cultural heritage" I ORDER:

1. Approve the enclosed Rules of conducting historical and cultural examination.

2. To department of historical and cultural heritage in the established legislative procedure:

1) to direct this order to state registration in the Ministry of Justice of the Republic of Kazakhstan;

2) to provide official publication of this order after its state registration.

3. To impose control of execution of this order on the vice-minister Buribayev A. I.

4. This order becomes effective from the date of its first official publication.

Approved by the Order of the Minister of Culture and Information of the Republic of Kazakhstan of August 20, 2007 No. 219

Rules of conducting historical and cultural examination

Chapter 1. General provisions

1. These rules of conducting historical and cultural examination (further - Rules) are developed according to the subitem 7) of article 19 of the Law of the Republic of Kazakhstan of July 2, 1992 "About protection and use of objects of historical and cultural heritage" and determine procedure for conducting historical and cultural examination of objects of historical and cultural heritage.

2. Historical and cultural examination (further - expertize) is carried out for the purpose of establishment of the historical and cultural importance and degree of safety of object of historical and cultural heritage.

3. Ensuring conducting examination of historical and cultural monuments of the international and republican value is performed by authorized body on protection and use of objects of historical and cultural heritage (further - authorized body).

4. Ensuring conducting examination of objects of historical and cultural heritage or historical and cultural monuments of local value is performed by local executive bodies of areas, cities of republican value, the capital (further - local executive body).

Chapter 2. Procedure for conducting historical and cultural examination

5. Examination of objects of historical and cultural heritage or historical and cultural monuments is carried out based on the decision of authorized body or local executive bodies by the organization or the expert having the license for carrying out archaeological and (or) scientific and restoration works on historical and cultural monuments by the conclusion of the contract for accomplishment of expert works.

When conducting examination by several organizations or experts the contract for accomplishment of expert works is signed with each of them.

6. The authorized body or local executive body represent to the organization (expert) the following materials:

1) for the purpose of giving of the status of historical and cultural monument to object of historical and cultural heritage:

the data containing the description, installation date;

photos of object of historical and cultural heritage;

2) for the purpose of deprivation of the status of historical and cultural monument:

passport and accounting card of historical and cultural monument;

security obligation of historical and cultural monument;

3) for the purpose of movement or change of historical and cultural monument:

passport of historical and cultural monument;

security obligation of historical and cultural monument;

photos of object of historical and cultural heritage.

7. Expertize is carried out in time, established by the agreement, but not exceeding thirty calendar days from the date of representation of the organization (expert) of materials.

In need of studying of additional materials and information for conducting examination, the term of conducting examination established by the agreement is prolonged based on the written petition of the organization or the expert for thirty calendar days.

8. The authorized body or local executive bodies render assistance to the organization (expert) in receipt of additional materials and information for implementation of examination by the direction of requests in the interested state bodies and other organizations.

9. When conducting examination the organization (expert) shall (shall):

1) to observe the legislation of the Republic of Kazakhstan, the prisoner's condition with authorized body or local executive body of the agreement;

2) to perform direct survey of object of historical and cultural heritage or historical and cultural monument, with departure into place;

Not to disclose 3), and also abstains from public assessment of data on object of examination, the materials provided for conducting examination.

10. In case of impossibility of conducting examination, and also in case of the circumstances interfering its carrying out, the organization (expert) notifies authorized body or local executive body within three working days in writing from the moment of detection of these circumstances.

11. By results of conducting examination the expert opinion containing motivated, evidence-based, objective conclusions of the organization (expert) in subject of conducting examination is constituted.

12. The expert opinion is constituted in the state and Russian languages in duplicate on the letterhead, certified by seal of the organization which was carrying out expertize, and in case of conducting examination by physical person its surname, name, middle name (are entered in case of its availability) and this, specifying his competence, and also the signature.

13. The expert opinion has advisory nature.

14. In the expert opinion it is specified:

1) the organization or person who was carrying out expertize, license number and date of its issue;

2) branches of science on which expertize is carried out;

3) subject and purposes of examination;

4) name of object of examination;

5) purpose of object of examination;

6) reasonable and complete answers to the questions posed.

15. In the expert opinion additional data on object of examination can be specified.

16. By results of the carried-out expertize the organization (expert) draws the conclusion:

1) about giving or about refusal of giving to subject of the status of historical and cultural monument;

2) about deprivation or about refusal deprivation of subject of the status of historical and cultural monument;

3) about movement and (or) change or about refusal movement and (or) change of historical and cultural monuments.

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