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ORDER OF THE MINISTER FOR CULTURE AND SPORTS OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 2014 No. 162

About approval of Rules of conducting theological examination

(as amended on 10-03-2022)

According to subitem 10-1) of article 4 of the Law of the Republic of Kazakhstan "About religious activities and religious associations" I ORDER:

1. Approve the enclosed Rules of conducting theological examination.

2. To provide to committee on cases of religions of the Ministry of Culture and sport of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order;

2) the direction of this order on official publication in periodic printing editions and in information system of law of Ad_let within 10 calendar days after its state registration;

3) placement of this order on Internet resource of the Ministry of Culture and sport of the Republic of Kazakhstan after its official publication.

3. Recognize invalid:

1) the order of the Chairman of the Agency of the Republic of Kazakhstan for religions of October 30, 2012 No. 112 "About approval of the Instruction for selection of experts for conducting theological examination (registered in the Register of state registration of regulatory legal acts for No. 8116, No. 14-15 published in the Kazakhstanskaya Pravda newspaper of January 16, 2013 (27288-27289);

2) the order of the Chairman of the Agency of the Republic of Kazakhstan for religions of December 23, 2013 No. 50 "About introduction of amendments to the order of the Chairman of the Agency of the Republic of Kazakhstan for religions of October 30, 2012 No. 112 "About approval of the Instruction for selection of experts for conducting theological examination" (registered in the Register of state registration of regulatory legal acts for No. 9103, No. 59 published in the Kazakhstanskaya Pravda newspaper of March 27, 2014 (27680).

4. To impose control of execution of this order on the vice-Minister for Culture and Sports of the Republic of Kazakhstan Azilkhanov M. A.

5. This order becomes effective after ten calendar days after day of its first official publication.

Minister

A. Mukhamediula

 

Approved by the Order of the Minister for Culture and Sports of the Republic of Kazakhstan of December 30, 2014 No. 162

Rules of conducting theological examination

Chapter 1. General provisions

1. These rules of conducting theological examination (further - Rules) are developed according to subitem 10-1) of article 4 of the Law of the Republic of Kazakhstan "About religious activities and religious associations" (further - the Law) and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" and determine procedure for conducting theological examination (further - the state service).

2. Conducting theological examination (further - examination) is provided with Committee on cases of religions of the Ministry of information and social development of the Republic of Kazakhstan (further - the service provider).

3. Treat objects of examination:

constituent documents of religious associations;

the documents of religious content (containing structure, fundamentals of dogma, religious practice, forms and methods of religious activities);

spiritual (religious) educational programs;

information materials of religious content, religious literature and objects of religious appointment.

4. According to Item 3 of article 6 of the Law theological expertize is carried out by experts (specialists) having special knowledge and (or) work experience in the field of religious activities, with attraction in need of representatives of state bodies and other specialists according to the procedure, established in these rules.

5. For conducting examination the experts having the higher and (or) postgraduate education in the direction the humanities on one of the following specialties are attracted:

religious studies;

theology;

Islamic studies, and also the experts having work experience in the field of religious activities at least two years.

6. The bases for conducting examination are:

1) appeals of physical and (or) legal entities to authorized body;

2) receipt of religious literature, other information materials of religious content in library stocks of the organizations of the Republic of Kazakhstan, and also to the service provider;

3) the appeal of physical persons behind registration as missionaries and registration of religious associations;

4) import of information materials of religious content, except for the materials intended for private use;

5) order of the head of the service provider;

6) production, release and distribution of religious literature and other information materials of religious content.

Chapter 2. Procedure for conducting theological examination

7. Examination includes:

1) determination of belonging of content of object to specific dogma, research regarding observance of axiological neutrality of content of the researched object, also assessment of probability of negative impact of religious views and cult practice on followers of the doctrine and other members of society;

2) consideration of objects of examination taking into account the questions raised by the service provider. By consideration of constituent documents of religious associations action research of religious associations, including forms and methods of their actual activities is carried out;

3) studying of object of examination regarding identification of contradictions to regulations of the Constitution and legislation of the Republic of Kazakhstan, also violations of the rights and freedoms of citizens of the Republic of Kazakhstan.

8. For receipt of the state service physical and (or) legal entities (further - uslugopoluchatel) provide in office of the service provider, or through the web portal of "the electronic government" www.egov.kz. (further - the portal) the statement in form according to appendix 1 to these rules.

The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service are stated according to appendix 3 in the form of the standard of the state service.

The service provider in day of receipt of the statement performs their acceptance, registration (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of applications is performed the next working afternoon).

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