I.O.'S ORDER OF THE MINISTER OF SOFTWARE TO INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of January 26, 2016 No. 75

About approval of Rules of conducting examination of products foreign TV, the radio channels which submitted applications for registration regarding compliance to the legislation of the Republic of Kazakhstan

According to subitem 3-2) of Item 1 of article 7 of the Law of the Republic of Kazakhstan of January 18, 2012 "About TV and radio broadcasting" PRIKAZYVAYU:

1. Approve the enclosed Rules of conducting examination of products foreign TV, the radio channels which submitted the application for registration regarding compliance to the legislation of the Republic of Kazakhstan.

2. To committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan (Kazangap T. B.) provide:

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 in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy in printing and electronic form on official publication in periodic printing editions and information system of law of Ad_let, and also in the Republican center of legal information for entering into reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective since January 1, 2017.

Approved by the Order of the Acting Minister of investments and development of the Republic of Kazakhstan of January 26, 2016 No. 75

Rules of conducting examination of products foreign TV, the radio channels which submitted applications for registration regarding compliance to the legislation of the Republic of Kazakhstan

1. General provisions

1. These rules of conducting examination of products foreign TV, the radio channels which submitted applications for registration regarding compliance to the legislation of the Republic of Kazakhstan (further - Rules) are developed according to subitem 3-2) of Item 1 of article 7 of the Law of the Republic of Kazakhstan of January 18, 2012 "About TV and radio broadcasting" (further – the Law).

2. Rules determine procedure for conducting examination of products foreign TV, the radio channels which submitted applications for registration regarding compliance to the legislation of the Republic of Kazakhstan.

3. Examination of products foreign TV, the radio channels which submitted applications for registration regarding compliance to the legislation of the Republic of Kazakhstan (further - examination) is performed by authorized body in the field of TV and radio broadcasting (further – authorized body).

4. Expertize is carried out after receipt in authorized body of the statement for registration foreign TV, radio channel, in form according to appendix 1 to these rules (further - the statement).

5. The result of examination of products foreign TV, the radio channels which submitted applications for registration regarding compliance to the legislation of the Republic of Kazakhstan is issued based on the expert opinion of authorized body.

6. Act as object of examination:

1) main thematic orientation foreign TV, radio channel;

2) broadcasting schedule foreign TV, radio channel.

7. Examination includes:

1) check of the main thematic orientation foreign TV, radio channel;

2) check of broadcasting schedule foreign TV, radio channel;

3) studying of objects 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.

2. Procedure for conducting examination of products foreign TV, the radio channels which submitted applications for registration regarding compliance to the legislation of the Republic of Kazakhstan

8. Examination includes studying of the objects of examination given for consideration specified in Item 6 of these rules.

By consideration of products provided foreign TV, the radio channel, carries out studying of broadcasting schedule regarding the actual compliance of the main thematic orientation foreign TV, radio channel and 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.

9. The term of examination constitutes ten calendar days from the date of receipt of the statement.

10. During conducting examination authorized body:

1) is constituted by motivated, reasonable, objective and complete expert opinion of products foreign TV, the radio channels which submitted applications for registration regarding compliance to the legislation of the Republic of Kazakhstan in form, according to appendix 2 to these rules;

Does not disclose 2), and also abstains from public assessment of data on subject to expert inspection, the materials and information provided for carrying out expert inspection.

11. The expert opinion of products foreign TV, the radio channels which submitted applications for registration regarding compliance to the legislation of the Republic of Kazakhstan is constituted, in duplicate and includes data on feasibility of distribution foreign TV, radio channels in the territory of the Republic of Kazakhstan.

12. In the expert opinion are specified:

1) person conducting examination;

2) full name of subject to inspection;

3) motivated, evidence-based, objective and complete reasons for the carried-out expertize;

4) output of the expert in which it is specified: the object of examination specified in Item 6 of these rules is recommended or is not recommended for use and distribution in the territory of the Republic of Kazakhstan.

13. The expert opinion is signed by person who was carrying out expertize and the head of authorized body.

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