of October 14, 2010 No. 279
About approval of Rules of delivery, acceptance and storage of manuscripts of unpublished works
Being guided by the subitem 3) of Item 2 of article 7 of the Law of the Republic of Kazakhstan of March 18, 2002 "About judicial authorities", and also according to item 4 of article 9 of the Law of the Republic of Kazakhstan of June 10, 1996 "About copyright and the related rights", PRIKAZYVAYU:
1. Approve the enclosed Rules of delivery, acceptance and storage of manuscripts of unpublished works.
Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of October 14, 2010 No. 279
1. These rules are developed according to the Law of the Republic of Kazakhstan "About copyright and the related rights" (further - the Law), regulate and determine procedure for delivery, acceptance and storage of manuscripts of unpublished works.
2. In these rules the following terms and determinations are used:
1) the author - physical person which creative activity creates the work of science, literature, art;
2) copyright - personal non-property and property rights of the author;
3) publication - the offer to public with the consent of the author or other owner on objects author's or the related rights of copies of the work, record of execution or soundtrack in the quantity satisfying reasonable needs of public;
4) the manuscript - the original or the copy of the text handwritten or rewritten on the typewriter, the personal computer;
5) the derivative work - the work which is created as a result of creative conversion of other work;
6) authorized body - Ministry of Justice of the Republic of Kazakhstan.
3. On storage manuscripts of unpublished works are accepted.
4. Acceptance and storage of manuscripts of unpublished works is performed by authorized body based on the statement of the author or authors in form according to appendix 1 to these rules. If the work derivative, it is necessary to enter surname, name, middle name of the author of the used work, and also to provide the copy of the author's agreement on assignment of rights for conversion, the translation of the work.
5. By provision of documents through the authorized representative it is necessary to provide:
1) the notarized power of attorney from the author or authors;
2) copy of the identity document of the attorney.
6. The manuscripts of unpublished works represented on storage, shall be stitched, numbered and ratified the author or authors.
7. The reference in which are specified registration date of the manuscript, surname, name, middle name of the author or authors of the manuscript, the name and the number of sheets of the manuscript, position and surname of person which accepted the manuscript is issued to person which handed over the manuscript.
8. In case of storage of manuscripts of unpublished works the measures providing preserving at manuscripts of signs and properties owing to which they matter are taken.
9. For storage of manuscripts of unpublished works in authorized body the special room with racks, the door upholstered with metal, barred windows, protection and the fire-proof alarm system is equipped. In the absence of such room the special storage (metal case) is allocated.
10. The employee of authorized body appointed by the order of the first head is responsible for storage and accounting of manuscripts of unpublished works.
Access to the room for storage of manuscripts of unpublished works is possible only in the presence of person responsible for their storage and accounting or the replacing worker. In case of their absence, access to the room is possible only in the presence of at least three people of employees of authorized body with permission and only in the presence of the head of authorized body or his deputy. In such cases the statement in duplicate in which is reflected in this connection and what manuscripts are withdrawn from the room (storage) or are placed in it is drawn up. The first copy of the act is transferred to person responsible for storage, for entering of the relevant data into the book of accounting of manuscripts of unpublished works, the second - to person who requested the manuscript.
11. Manuscripts of unpublished works are issued to the author and authors or the heir and heirs based on their joint statement, or with appendix of the power of attorney.
12. For accounting of manuscripts of unpublished works in authorized body the book in form according to Appendix 2 to these rules which is at person responsible for storage and accounting of manuscripts of unpublished works is kept. Ledger maintenance is performed by rules of maintaining documents of the strict reporting.
Each sheet of the book is numbered, the book proshnurovyvatsya and sealed, and also the signature of the first head.
The electronic database of the manuscripts accepted on storage can be in addition created.
13. Entry in the book of accounting of manuscripts of unpublished works is made by person responsible for storage and accounting of manuscripts of unpublished works.
14. Person responsible for storage and accounting of manuscripts of unpublished works, in case of registration in the book of accounting checks compliance of the accepted manuscripts to requirements of the legislation.
15. Registration of manuscripts of unpublished works in the book of record is made in chronological procedure, each manuscript registers separately, at the same time the sequence number is assigned to each manuscript.
16. Person responsible for storage and accounting of manuscripts of unpublished works bears responsibility for their safety within the competence according to the legislation of the Republic of Kazakhstan.
to Rules of delivery, acceptance and storage of manuscripts of unpublished works
Ministry of Justice
Republic of Kazakhstan
living to the address: ____________
(these identity certificates)
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