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

of November 30, 2015 No. 368

About approval of Rules of maintaining the National list of elements of non-material cultural heritage

According to subitem 21-1) of article 7 of the Law of the Republic of Kazakhstan of December 15, 2006 "About culture" I ORDER:

1. Approve the enclosed Rules of maintaining the National list of elements of non-material cultural heritage.

2. For culture and art of the Ministry of Culture and sport of the Republic of Kazakhstan in the procedure established by the legislation to provide to department:

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

2) within ten calendar days after state registration of this order the direction of copies of this order for official publication in information system of law of Ad_let and the periodic printing edition on the electronic medium with appendix of the paper copy certified by official stamp for entering into reference control bank of the regulatory legal acts of the Republic of Kazakhstan in electronic form certified by the digital signature of person, representative to sign this order, with appendix of the paper copy certified by official stamp;

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

4) submission to Department of legal service of the Ministry of Culture and sport of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item within ten working days from the date of execution of actions.

3. To impose control of execution of this order on the supervising vice-Minister for Culture and Sports of the Republic of Kazakhstan.

4. This order becomes effective since January 1, 2016 and is subject to official publication.

Approved by the Order of the Minister for Culture and Sports of the Republic of Kazakhstan of November 30, 2015 No. 368

Rules of maintaining the National list of elements of non-material cultural heritage

1. General provisions

1. The present of the Rule of maintaining the National list of elements of non-material cultural heritage (further - Rules) determines procedure for maintaining the National list of elements of non-material cultural heritage (further - the National list).

2. In these rules the basic concepts are used:

1) non-material cultural heritage (further - NKN) - customs, forms of representation and expression, knowledge and skills, and also the related tools, objects transferred from generation to generation and which are non-material cultural value;

2) the National list - the list of cultural values of non-material cultural heritage of the people of Kazakhstan;

3) carriers of non-material cultural heritage - local and ethnic communities, groups and, in certain cases, the individuals playing important role in creation, preserving and reconstruction of non-material cultural heritage of the people of Kazakhstan, enriching cultural diversity and promoting development of creative capabilities of the person.

3. The following elements belong to non-material cultural values (further - the NKTs elements):

1) oral traditions and forms of expression, including language as the carrier of non-material cultural heritage;

2) performing arts;

3) customs;

4) ceremonies;

5) festivals;

6) knowledge and customs relating to the nature and the Universe;

7) knowledge and skills connected with traditional crafts.

2. Procedure for maintaining the National list

4. The national list is kept for the purpose of ensuring viability of non-material cultural heritage, its identification, documentation, research, preserving, protection and promoting.

5. The national list is kept by authorized body in the field of culture (further - authorized body) in the Kazakh and Russian languages, on paper and electronic carriers in form according to appendix to these rules.

The national list is placed on official Internet resource of authorized body.

6. The physical persons and legal entities which are engaged in studying of cultural values in case of identification of element send the letter with the necessary information about him (further - the letter) to authorized body.

Data on elements include:

1) full name of element;

2) the element type specified in Item 3 of these rules;

3) the description of element (belonging to any ethnos, and also genre, origin history, carriers NKN and other describing data);

4) place of distribution of element (area, city, area, village);

5) photos, in need of display or listening of element - video or audiomaterials;

6) degree of safety of element;

7) sources about element (scientific materials, the websites and other sources).

7. The authorized body considers the arrived letter within thirty calendar days from the date of its receipt.

8. Under authorized body the permanent commission of experts (further - the Commission) which determines the following is created:

Whether 1) the state value has element;

Whether 2) the element passes from father to son;

Whether 3) the element ethnoses, groups or the individual in the territory of Kazakhstan which recognize it as part of the cultural heritage practices.

9. The structure of the Commission consists of the chairman, the secretary and members of the commission created of representatives of authorized body, scientists and experts in the field of history, culture, art.

10. The commission chairman performs management behind activities of the Commission, holds meetings and signs protocols of commission sessions.

11. The organization of meeting, preparation of the relevant documents and materials, including the protocol, the secretary of the Commission performs. The secretary is not member of the commission.

12. Commission sessions are held in process of receipt of letters.

13. The decision of the Commission is made by open voting and are considered accepted if for it the majority of votes from total quantity of the present members of the commission is given. In case of equality of votes the decision for which the commission chairman voted is deemed accepted.

14. The decision of the Commission is drawn up by the protocol which has advisory nature.

15. Based on the decision of the Commission on inclusion of element in the National list the authorized body within ten working days brings the NKTs elements in the National list and updates it on the official site of authorized body.

16. Registration number is assigned to each NKTs element brought in the National list.

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