On touristic activity in the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated 13 June, 2001 No. 211

Unofficial translation

      Footnote. Through the whole text, word “touristic organization” is substituted respectively by the word “persons, carrying out touristic activity” by the Law of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2).

      This Law determines legal, economic, social, organizational bases of touristic activity as one of the branches of the economy of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. Basic definitions used in this Law

      The following basic definitions are used in this Law:
      1) social tourism – tourism, carried out on account of sources of employer and (or) other third parties in whole or in part;
      2) guide (guide-interpreter) – professionally prepared individual rendering excursion and informational services to the tourists on introduction with touristic resources in the country (place) of temporary stay;
      3) self-regulatory tourism – travels organized by tourists independently with use of active travel modes;
      4) tour – complex of touristic services including travels on special itinerary within specified terms;
      5) tourism – travel of individuals with continuance from twenty four hours until one year or less than twenty hours but with overnight stop and in purpose not linked with paid activity in the country (place) of perpetual stay;
      6) tourism instructor – professionally prepared individual having relevant qualification and experience of passing of tour itinerary;
      7) tourist – individual, visiting the country (place) of temporary stay on period from twenty four hours until one year and carrying out no less than one overnight stop in it in healthful, cognitive, professional and business, sportive, religious and other purpose without performing paid activity;
      8) places of tourists placement – hotels, motels, camping, touristic bases, guest houses, rest houses, holiday hotels and other buildings and constructions are used for tourists residing and their catering;
      9) touristic agency activity (travel agency activity) - entrepreneurial activity of individuals and (or) legal entities on progression and realization of touristic product formed by tour operator (hereinafter – tour agent);
      10) touristic voucher – document confirming a right of tourist on services included in structure of tour and fact of their payment;
      11) touristic hotel voucher – document confirming right on receiving of complex of touristic services;
      12) touristic activity - entrepreneurial activity of individuals and legal entities on provision of touristic services;
      13) touristic services – services necessary for satisfying of tourist needs, provided in period of his (her) travel and in recognition with it travel (placement, transfer, nutrition, excursion, services of tourism instructor, guides (guide-interpreter) and other services provided depending on travel purpose);
      14) treaty on tourist services – agreement between person carrying out touristic activity and tourist on refundable rendering of touristic services;
      15) persons, carrying out touristic activity – tour agents, tour operator, tourism instructors as well as guides (guide-interpreter), cicerones rendering touristic services independently;
      16) state register of persons carrying out touristic activity – document of record of persons carrying out touristic activity;
      17) tour itinerary – tourist itinerary representing a list of all geographical points, visiting objects marked for passing, seeing (in the course of travel) in cognitive, sportive, aesthetic or other purpose;
      18) state register of tour itineraries and pathways – document of record of our itineraries and pathways;
      19) touristic operator activity (tour operator activities) - entrepreneurial activity of individuals and (or) legal entities having license on current type of activity on formation of touristic product its progression and realization to touristic agents and tourists as well as on progression and realization of touristic product formed by non-resident of the Republic of Kazakhstan (hereinafter - tour operator);
      20) touristic product – assembly of touristic services is enough for satisfying of tourist needs in the course of travel;
      21) progression of touristic product – complex of measures (publicity, participation in particularized exhibitions and expositions, organization of touristic informational centers on realization of touristic production, publication and expansion of catalogs and booklet directed on rendering of touristic services;
      22) touristic resources - natural and climatic, historical, social and cultural, healthful objects, including objects of touristic demonstration as well as other objects able to satisfy cultural needs of tourists support recovery and developments of their physical strength;
      23) touristic market - circulation of commodities (works, services) and money in the scope of touristic activity;
      24) touristic branch – branch of economy, basic scope of activity of which is rendering of touristic services, creation of touristic product, their progression and realization on internal and international markets;
      25) emergency event with a tourist - non-return from travel of tourist, as well as event on special territory during travel occurred in the result of accidents, adversity or disaster which entailed or may entail tourist’s death or harm to his (her) health;
      26) authorized body – central executive body carrying out functions of the state regulation in the scope of touristic activity;
      27) excursionist – legal entity visiting touristic resources in cognitive purpose in the country (place) of temporary stay no more than twenty four hours;
      28) excursion – visit of touristic resources in cognitive purpose in the country (place) of temporary stay no more than twenty four hours by individual;
      29) excursion activity - entrepreneurial activity on organization of visiting of touristic resources in cognitive purpose in the country (place) of temporary stay which provide services on placement (overnight stop) of tourists and cover the period no more than twenty four hours;
      30) ciceroni – professionally prepared individual having relevant qualification for rendering of excursion and informational, organizational services on introduction with the touristic resources in the country (place) of temporary stay.
      Footnote. Article 1 in wording of the Law of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2); as amended by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012).

Article 2. Legislation of the Republic of Kazakhstan on touristic activity

      1. The legislation of the Republic of Kazakhstan on touristic activity shall be based on the Constitution of the Republic of Kazakhstan and consist of Civil Code of the Republic of Kazakhstan, this Law, other regulatory legal acts of the Republic of Kazakhstan.
      2. If international treaty, ratified by the Republic of Kazakhstan establishes other rules, than those provided by the legislation of the Republic of Kazakhstan, the rules of international treaty shall be applied with exception of cases when it follows from international treaty that issuance of the Law is required for its application.

Article 3. Subjects and objects of touristic activity

      1. Subjects of touristic activity are:
      1) touristic operators (tour operators)
      2) touristic agents (tour agents)
      3) guides (guide-interpreters), tourism instructors, cicerones;
      4) tourists and their associations;
      5) excursionist;
      6) other association in the scope of touristic activity;
      7) state bodies regulating public relations in the scope of touristic activity.
      2. Objects of touristic activity – natural objects and natural and climatic zones, sightseeing attractions, historical and social and cultural objects of demonstration and other objects able to satisfy tourist needs on a travel.

Article 4. Touristic industry

      1. Touristic industry – assembly of sources of placement of tourists, transport, objects of public catering, objects of cognitive, healthful, business, sportive and other assignment; organizations carrying out touristic activity as well as organizations providing excursion services and services of guides (guide-interpreters).
      2. Types of services in touristic industry:
      1) services on provision of tours;
      2) services on provision of place of residence;
      3) services on provision of nutrition;
      4) informational, advertising services;
      5) transport services;
      6) entertainments;
      7) other touristic services.

Article 5. Touristic resources

      Classification and valuation of touristic resources of the Republic of Kazakhstan, mode of their security, order of use in recognition of maximum allowed charges on environment and preserving of entirety of touristic resources of the Republic of Kazakhstan, measures on their recover shall be determined in manner established by the legislation of the Republic of Kazakhstan.

Article 6. Organizational forms and types of tourism

      1. International and internal tourism shall be admitted as organizational forms of tourism.
      2. International tourism shall include:
      1) incoming tourism – travels within the Republic of Kazakhstan of persons not residing on its territory perpetually;
      2) international tourism – travels in other country of citizens of the Republic of Kazakhstan or persons residing in the Republic of Kazakhstan perpetually.
      3. Domestic tourism – travels within the Republic of Kazakhstan of citizens of the Republic of Kazakhstan and persons residing on its territory perpetually.
      4. Types of tourism – social, ecological, adventure, sportive, business, congress, health-related, cultural and cognitive, religious and other.

Article 7. Export and import of services in tourist industry

      1. Rendering of touristic services linked with organization of incoming tourism on territory of the Republic of Kazakhstan shall be export of touristic services.
      2. Rendering of touristic services linked with departure in other country shall be import of touristic services.

Chapter 2. State regulation of touristic activity

Article 8. Principles of the state regulation of touristic activity

      Basic principles of the state regulation of touristic activity in the Republic of Kazakhstan are:
      1) supporting of touristic activity and creation of favorable conditions for its development;
      2) determination and supporting of touristic activity;
      3) formation of representation on the Republic of Kazakhstan as on country favorable for tourism;
      4) provision of security, protection of rights of tourist and persons carrying out touristic activity, the Republic of Kazakhstan and their associations as well as protection of their interests and property.

      Note of RCLI!
      Article 9 is provided to be amended by the Law of the Republic of Kazakhstan dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after date of its first publication).

Article 9. Purpose, priority directions and ways of the state regulation of touristic activity

      1. Basic purpose of the state regulation of touristic activity are:
      1) provision of rights of citizens on rest, freedom of movement in the scope of touristic activity;
      2) environment protection;
      2) creation pf conditions for activity directed on nurturing, education and rehabilitation of tourists;
      4) development of touristic industry providing need of citizens upon commission of travels;
      5) creation of new workplaces, increase of incomes of the state and citizens of the Republic of Kazakhstan on account of development of touristic industry;
      6) development of international touristic contacts.
      2. Priority directions of the state regulation of touristic activity are:
      1) becoming of tourism as highly profitable branch of economic of the Republic of Kazakhstan;
      2) record of state interests, protection of natural and historical and cultural heritage of the Republic of Kazakhstan upon use of touristic resources;
      3) entering of conditions of exemption for organization of touristic and excursion work among children, teenagers, young people, invalid persons and disadvantaged population;
      4) creation of favorable conditions for investing of touristic industry;
      5) supporting and development of internal, incoming, social and self-regulatory tourism;
      6) creation of effective system of touristic activity for provision of needs of internal and international tourism.
      3. State regulation of touristic activity shall be carried out by:
      1) determination of policy on development of industry of tourism, investing in tourism;
      2) appliance of regulatory legal acts directed of perfection of relations in the scope of touristic activity;
      3) licensing of touristic activity, standardization in the scope of touristic activity in accordance with the legislation of the Republic of Kazakhstan on licensing and on technical regulation;
      4) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication)
      5) supporting of staff assistance of touristic activity;
      6) supporting participation of native tourists, tour operators and tour agents and their associations in international touristic programmes;
      7) supporting in progressing of touristic product on internal and worldwide touristic markets;
      8) provision of rational and effective use, record and protection of touristic resources of country.
      Footnote. Article 9 as emended by the Laws of the Republic of Kazakhstan dated 12.01.2007 No. 222 (shall be enforced upon expiry of six months after date of its first publication); dated 21.07.2007 No. 307 (order of enforcement see Article 2); dated 05.07.2008 No. 59-IV (order of enforcement see Article 2); dated 03.07.2013 No. 124-V (hall be enforced upon expiry of ten calendar days after its first official publication).

Article 10. Competence of the Government of the Republic of Kazakhstan

      The Government of the Republic of Kazakhstan shall:
      1) determine and realize state policy on development of tourism;
      2) publish regulatory legal acts, regulating relations in the scope of touristic activity within its competence;
      3) create the state system of scientific provision in the scope of touristic activity;
      4) establish qualified requirements required to tour operator activity;
      5) establish model treaty on touristic serving;
      6) establish personal structure and provision on counsel on tourism on representation of the authorized body;
      7) carry out collaboration and coordination with foreign states in the scope of tourism;
      8) establish rules of provision of touristic services;
      9) establish touristic informational centers;
      10) determine general requirements to professional training, re-training and advanced training in the scope of tourism;
      11) perform other functions imposed on it by the Constitution, the Laws of the Republic of Kazakhstan and acts of the Republic of Kazakhstan.
      Footnote. Article 10 in wording of the Law of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2); as amended by the Laws of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      Note of RCLI!
      Article 11 is provided to be amended by the Law of the Republic of Kazakhstan dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after date of its first publication).

Article 11. Competence of the authorized body

      The authorized body shall:
      1) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      2) participate in formation and realization of unified policy on attracting investments in touristic branch;
      3) realize state policy in the scope of touristic activity, tourism and touristic industry;
      4) elaborate and establish regulatory legal acts, generalize practice of appliance of the legislation and make proposals on its perfection within its competence;
      5) carry out licensing of tour operator activity in accordance with the legislation of the Republic of Kazakhstan on licensing;
      6) carry out inter-industry and inter-regional coordination in the scope of touristic activity, cooperation with native and international touristic, public and other organizations and persons, carrying out touristic activity;
      7) bring action in the courts in accordance with the legislation of the Republic of Kazakhstan;
      8) carry out state control on observing of the legislation of the Republic of Kazakhstan on touristic activity;
      9) is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012).
      10) elaborate and perform international treaties in the scope of the touristic activity as well as represent interests of the state in the scope of tourism in international organizations and on international events and participate in their work within its competence;
      11) establish rules of classification of places of placement of tourists;
      12) establish rules of re-training and advanced training of specialists in the scope of touristic activity;
      13) establish rules pf formation and performing of the state register of persons carrying out the touristic activity and the state register of tour itineraries and pathways;
      14) regulate activity in the scope of standardization in the scope of touristic activity jointly with the authorized body on technical regulation and metrology;
      15) distribute information on Kazakhstan and its touristic possibilities on international touristic market and inside the state as well as by performing of republican and international exhibitions and expositions in the scope of touristic activity;
      16) – 19) are excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      20) elaborate and establish forms of obligated departmental reporting, check lists, criteria of risk evaluation, half-yearly plans of performance of checks in accordance with the Law of the Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan”;
      21) carry out other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President if the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. Article 11 in wording of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2); as amended by the Laws of the Republic of Kazakhstan dated 07.07.2009 No. 188-IV (order of enforcement see Article 2); dated 19.03.2010 No. 258-IV; dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 15.07.2011 No. 461-IV (shall be enforced from 13.10.2012); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after date of its first official publication).

Article 12. Competence of local executive bodies (akimats) of oblasts, cities of republican significance, capital districts, cities of oblast significance

      1. Local executive body of oblast, city of republican significance, capital shall:
      1) realize state policy and carry out coordination in the scope of touristic activity on territory of relevant administrative and territorial unit;
      2) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      4) is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012).
      5) form on territory of relevant administrative of relevant administrative and territorial unit and provide information quarterly in the authorized body necessary for including in:
      state register of persons carrying out the touristic activity;
      state register of tour itinerary and pathways;
      6) analyze market of touristic services and represent necessary details on development of tourism on territory of relevant administrative and territorial unit in the authorized body;
      7) elaborate and inculcate measures on protection of oblast (city of republican significance, capital) touristic resources;
      8) coordinate activity on planning and building of objects of touristic industry on territory of relevant administrative and territorial unit;
      9) support in activity of infant and youth camps, associations of tourists and development of self-regulatory tourism;
      10) render methodic and consultative assistance to subjects of touristic activity in questions linked with organization of touristic activity;
      11) develop and support entrepreneurship in the scope of touristic activity as measure of increase of public employment;
      12) provide touristic activity as well as on touristic potential, objects of tourism and persons carrying out touristic activity;
      13) establish touristic informational center;
      14) carry out other powers imposed on local executive body by the legislation of the Republic of Kazakhstan in interests of local state administration;
      2. Local executive body of district, city of republican significance shall:
      1 realize state policy and carry out coordination in the scope of touristic activity on territory of relevant administrative and territorial unit;
      2) carry out collecting, analysis and provide information on development of tourism on territory of relevant administrative and territorial unit in local executive body of oblast, city of republican significance, capital;
      3) elaborate and inculcate measures on protection of district touristic resources;
      4) coordinate activity on planning and building of objects of touristic industry on territory of relevant administrative and territorial unit;
      5) support in activity of infant and youth camps, associations of tourists and development of self-regulatory tourism;
      6) provide touristic information as well as on touristic potential, objects of tourism and persons carrying out touristic activity;
      7) carry out other powers imposed on local executive body by the legislation of the Republic of Kazakhstan in interests of local state administration;
      Footnote. Article 12 in wording of the Law of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2); as amended by the Laws of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2012 No. 159-V (shall be enforced upon expiry of ten calendar days after date of its first official publication)

Article 13. Tourism counsel

      1. Tourism counsel shall be created as advisory and consultative body upon the Government of the Republic of Kazakhstan.
      2. Structure of tourism counsel include representatives of the authorized body and interested state bodies as well as representatives of association and other unions in the scope of touristic activity.
      3. Tourism counsel shall:
      1) elaborate suggestions on questions of tourism development, attracting investment in current branch of economy, provision of favorable treatment of entrance in the Republic of Kazakhstan and creation of conditions for departure of tourists abroad, formation of touristic reputation of the republic, training of specialists in the scope of touristic activity;
      2) keep rating of persons carrying out the touristic activity on established manner by it for purpose of informing of customers of touristic services on quality of services.
      4. Is excluded by the Law of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2).
      Footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2).

Article 14. Touristic informational center

      Touristic informational center is organization established by the Government and (or) akimat of oblast (city of republican significance, capital), created for formation and expansion of information on Kazakhstan its touristic potential, progressing of touristic product on international touristic market and inside the state as well as in purpose of creation of conditions for development of new subjects of entrepreneurship and methodological provision in the scope of touristic activity.
      Footnote. Article 14 in wording of the Law of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2).

Chapter 3. Organization of touristic activity

      Note of RCLI!
      Article 15 is provided to be amended by the Law of the Republic of Kazakhstan dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after date of its first publication).

Article 15. General conditions of carrying out of touristic activity

      1. Carrying out of tour operator and tour agent activity shall be acceptable upon availability of valid treaty at tour operator and tour agent of obligated insurance of civil and legal responsibility of tour operator, tour agent.
      Details on tour operator and tour agent shall be proposed in the state register of persons, carrying out touristic activity on bases of their application.
      2. Tour operator activity is licensing type of activity in accordance with the legislation of the Republic of Kazakhstan.
      Tour operator shall provide rendering of all services to tourists included in touristic product independently or attracting third parties on which imposed performance of part or all its obligations in front of tourist by tour operator.
      Stoppage of activities of validity of license on tour operator activity shall entail a prohibition on rendering of touristic services with exception of obligations, followed from negotiated treaties earlier.
      Stoppage of validity of license on tour operator activity, inactivation of license on tour operator activity shall be carried in manner provided by the legislation of the Republic of Kazakhstan on administrative infractions.
      3. Tour agent shall direct in the authorized body the application on proposing of details in the state register of persons carrying out touristic activity during five work days from the moment of negotiating (renegotiation) of treaty on obligated insurance of civil and legal responsibility.
      Tour agent progress and realize only touristic product formed by tour operator to the tourists in accordance with the legislation of the Republic of Kazakhstan.
      Progressing and realization of touristic product shall be carried out on basis of agent treaty of realization of touristic product negotiated with tour operator in written form.
      Agent treaty on realization of touristic product between tour operator and tour agent obligingly shall contain details on tour operator, formed the touristic product, on treaties of obligated insurance of civil and legal responsibility of tour operator and tour agent, explanation of tour itinerary, true information on touristic product.
      4. Upon rendering of excursion services or services of tourism instructor not in structure of touristic product of person rendering services of ciceroni, guide (guide-interpreter), tourism instructor shall represent to tourists details on specialties, dangerousness with which they may meet upon traveling as well as apply provisional measures directed on provision of tourists safety as well as provide information on emergency events with tourists on time of travel to the interested state bodies and tourist’s family.
      Footnote. Article 15 in wording of the Law of the Republic of Kazakshtan dated 15.07.2011 Bo. 461-IV (shall be enforced from 30.01.2012).

Article 15-1. Classification of places pf placement of tourists

      1. Places of placement of tourists shall be subject to classification in purpose of supporting increasing of tourist movement and incomes of all types of tourism.
      2. Characteristic of places of placement of tourists allowing to carry out attestation on one of categories on bases of rules of classification of places of placement of tourists shall be considered upon performance of classification.
      3. Rules pf classification of places of placement shall determine basic purpose, organizational structure. Minimal requirements and regulate order of assignment of categories to places pf placement of tourists.
      Footnote. The Law is supplemented by Article 15-1 in accordance with the Law of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2).

Article 15-2. Formation of touristic product

      1. Formation of touristic product – is activity of tour operator on negotiating and performance of treaties with third parties rendering particular touristic services included in touristic product.
      2. Touristic product shall be formed by tour operator at its discretion on the assumption of conjuncture of touristic market or on concrete order.
      3. Tour operator accrue a right on services included in tour on base of treaties providing particular touristic services.
      Footnote. The Law is supplemented by Article 15-2 in accordance with the Law of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2)

Article 16. Standardization in the scope of touristic activity

      Standardization of touristic activity shall be carried out in accordance with the legislation of the Republic of Kazakhstan on technical regulation.
      Footnote. Article 16 in wording of the Law of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2).

Article 17. Treaty on touristic serving

      1. Rendering of touristic services shall be carried out on base of treaty. Treaty on touristic serving shall be negotiated in written form with exception treaties negotiated by guide (guide-interpreter) and ciceroni and shall correspond to the legislation of the Republic of Kazakhstan.
      Material condition of treaty on touristic serving shall be established by type treaty established by the Government of the Republic of Kazakhstan.
      2. Is excluded by the Law of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2).
      3. Each party have a right to require changes or denouncement of treaty in recognition with material changes of conditions from judge by which upon negotiating of treaty.
      4. Material changes of conditions are:
      1) deterioration of conditions of travel, changes of travel terms;
      2) unforeseen increase of transport tariffs;
      3) enforcement of new or increase of active tax and charge rates and other obligated payments in the budget;
      4) other bases determined on agreement of parties.
      5. Tourist have a right to avoid treaty in case of non-performance or inappropriate performance of treaty by person carrying out touristic activity on conditions and manner provided by the legislation of the Republic of Kazakhstan.
      6. Tourist have a right to decline from performance of treaty before beginning of travel upon condition of payment to person carrying out touristic activity incurred by him (her) expenditure for services rendered before notification on decline from performance of treaty in fact.
      7. Is excluded by the Law of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2)
      8. In case of purchase of touristic services included in structure of tour document confirming rights of tourist on relevant services of touristic voucher.
      9. Services shall be subject to payment in full volume in case of impossibility of performance of treaty on touristic serving arising through a fault of tourist unless otherwise is not provided by the legislative acts or treaty of refundable rendering of services.
      10. In case when impossibility of performance of treaty on touristic serving is increased on conditions on which no one of parties shall not respond tourist shall compensate expenditures to person carried out touristic activity incurred by him (her) unless otherwise is not provided by the legislative acts or treaty.
      11. Person carrying out touristic activity have a right to refuse from performance of treaty only upon condition of full compensate of losses to customer inflicted by denouncement of treaty except case when it happened through a fault of tourist.
      12. Person carrying out touristic activity shall entail responsibility for inappropriate performance of conditions of treaty in case of irregularity of condition of treaty on arrival in other country or on itinerary of travel.
      Footnote. Article 17 as amended by the Laws of the Republic of Kazakhstan dated 12.01.2007 No. 222 (shall be enforced upon expiry of six months after date of its first publication); dated 05.07.2008 No. 59-IV (order of enforcement see Article 2)

Article 18. Compensation of losses and moral harm, conditions of changing of treaty of touristic serving

      1. Compensation of losses and moral harm to tourists shall be performed in accordance with the legislation of the Republic of Kazakhstan.
      2. Person carrying out touristic activity shall not entail responsibility for damage incurred by tourist on time of traveling in consequence of action of insuperable force.
      3. Person carrying out touristic activity shall give individual or group (upon serving of touristic group) carriage document (ticket) to tourist containing names of point of departure and destination, maid rules and obligations of passengers upon transfer of passengers on any type of transport.
      4. Person carrying out touristic activity shall inform in written form family of tourist on emergency event with tourist on at its expense.
      5. Responsibility for transfer non provided to weight of freight its safety shall be imposed on tourist. Treaty of transfer shall be in force if person carrying out touristic activity gave ticket, baggage-check or airway bill on applied to transfer freight but they formed inaccurate or lost or on any other reasons it is impossible to present them.
      6. Person carrying out touristic activity shall inform tourist in written form immediately on character of such changes and possible consequences in case of changes of conditions provided by treaty and necessity of material change of conditions of treaty.
      Footnote. Article 18 as amended by the Law of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2).

Article 19. Persons carrying out touristic activity

      1. Persons carrying out touristic activity have a right to open their affiliated organizations and representatives.
      2. Persons carrying out touristic activity may not to use names of other persons carrying out touristic activity registered in judicial bodies.
      Footnote. Article 19 in wording of the Law of the Republic of Kazakhstan dated 05.07.2011 No. 461-IV (shall be enforced from 30.01.2012).

Article 20. Unions of persons carrying out touristic activity

      Footnote. Title in wording of the Law of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2).

      Persons, carrying out touristic activity and other persons of touristic industry may create unions in form associations (alliances) in purpose of coordination of their professional activity as well as representation and protection of general interests in manner established by the legislation of the Republic of Kazakhstan.
      Footnote. Article 20 as amended by the Law of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2).

Article 21. Unions of tourists

      Citizens of the Republic of Kazakhstan may create public unions in purpose of protection of rights and interests, supporting of development of tourism.

Article 22. Professional training of specialists in the scope of touristic activity

      1. Professional training, re-training of specialists in the scope of tourism shall be carried out by organizations of education having relevant licenses in the scope of education.
      2. Order of re-training and advanced training of specialists in the scope of touristic activity shall be determined by the authorized body.
      Footnote. Article 22 as amended by the Law of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2).

Article 23. Guide (guide-interpreter), instructor of tourism, ciceroni

      Guide (guide-interpreter), instructor of tourism, ciceroni may be only a citizen of the Republic of Kazakhstan.

Chapter 4. Rights and obligations of tourist, provision of security of tourist

Article 24. Rights of tourist

      Upon preparing to travel, on time of traveling including through traffic tourist have a right on:
      1) address in counsel, diplomatic, other state as well as touristic representatives in case of offence on his (her) personal security or property;
      2) necessity and true information on rules of entrance in country (place) of temporary stay as well as departure from country place) of temporary stay or stay there, on specialties of the legislation of the country (place) of temporary stay, on customs of native population, on religious rites, relics, monuments of nature, history, culture and other objects of touristic demonstration being under special security, environment condition;
      3) freedom of movement, free access to touristic resources in recognition of applied restrictive measures in country of temporary stay;
      4) compensation of losses and moral harm in case of non-performance of conditions of treaty on touristic serving by persons carrying out touristic activity in manner established by the legislation of the Republic of Kazakhstan;
      5) receiving of emergency medical treatment;
      6) supporting in receiving of legal and other types of assistance to foreign tourists of the state power of the Republic of Kazakhstan;
      7) unhampered access of tourists to available communications facilities.
      Other rights of tourists shall be determined by the legislation of country (place) of stay.
      Footnote. Article 24 as amended by the Law of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2).

Article 25. Obligations of tourist

      On time of traveling including through traffic tourist shall:
      1) observe the legislation of country (place) of temporary stay;
      2) preserve environment, treat with due care to monuments of nature, history and culture in country (place) of temporary stay;
      3) observe rules of entrance and stay in country (place) of temporary stay as well as departure from country (place) of temporary stay and in countries of travel in transit;
      4) observe rules of personal security on time of travel.
      Other obligation of tourists shall be determined by the legislation of country (place) of stay.

Article 26. Provision of security of tourists

      1. Security of tourists on territory of the Republic of Kazakhstan shall be warranted by the Republic of Kazakhstan. The Republic of Kazakhstan shall warrant protection and patronage beyond it to tourists-citizens of the Republic of Kazakhstan.
      2. Under security of tourists shall be regarded personal security of tourists, preserving of their property and not-inflicting of harm to environment on time of travels as well as complex of measures directed of preserving of use of tourism in purpose of illegal migration and through traffic in third countries, sexual, labor and other exploitation of citizens.
      3. The authorized body shall inform persons carrying out touristic activity and tourists on possible dangers for tourists in country (place) of temporary stay.
      4. Persons carrying out touristic activity shall provide to tourists details on specialties of travels including necessity and true information on rules of entrance, departure and stay on country (place) of temporary stay, on legislation, on customs of native population, on religious rites, relics, monuments of nature, history, culture and other objects of touristic demonstration being under special security, environment condition as well as on dangers with which they can meet upon traveling and carry out preventive measures directed on provision of security of tourists in a three days before beginning of travel in written form.
      5. Persons carrying out touristic activity shall immediately inform the authorized body and the authorized body in the scope of civil protection as well as tourist’s family from the moment when they knew or have to knew on emergency event with tourist on time of travel.
      If emergency event happened with foreign tourists on territory of the Republic of Kazakhstan or tourists-citizens of the Republic of Kazakhstan beyond of the Republic of Kazakhstan persons carrying out touristic activity shall inform also bodies of the diplomatic service.
      6. Tourists supposed to travel in country (place) of temporary stay shall pass prevention in accordance with the international medical requirements.
      7. Rendering of necessity assistance to tourists suffering distress on territory of the Republic of Kazakhstan shall be carried out by specialized services determined by the Government of the Republic of Kazakhstan.
      8. The authorized body jointly with interested ministries and other executive bodies shall organize provision of protection and security of tourists.
      9. Akimat of oblast, city of republican significance, capital shall organize protection and security of tourists.
      Footnote. Article 26 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 05.07.2008 No. 59-IV (order of enforcement see Article 2); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 27. Insurance upon carrying out of touristic activity

      1. In cases provided by international treaties of the legislation of country (place) of temporary stay tour operator or tour agent shall realize touristic hotel voucher supposed leaving abroad upon condition of representing of certificate on insurance of life and health.
      2. Payment of medical assistance to tourists and compensation of their expenditures upon offensive of insurance case shall be provided by treaty of insurance immediately in country of temporary stay.
      3. The Government of the Republic of Kazakhstan have a right to establish requirements on availability of certificate on insurance of life and health to tourists entering on territory of the Republic of Kazakhstan.
      4. Tour operator and tour agent shall insure civil and legal responsibility arising from negotiated treaties on rendering of touristic services.

Chapter 5. Final provisions

Article 28. Responsibility for infraction of the legislation of the Republic of Kazakhstan on touristic activity

      Infraction of the legislation of the Republic of Kazakhstan on touristic activity shall entail responsibility in accordance with the Laws of the Republic of Kazakhstan.
      Footnote. Article 28 in wording of the Republic of Kazakhstan dated 05.07.2008 No. 59-IV (order of enforcement see Article 2).

Article 28-1. State control in the scope of touristic activity

      1. State control in scope of touristic activity shall be carried out in form of check and other forms.
      2. Check shall be carried out in accordance with the Law of the Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan”. Other forms of the state control shall be carried out in accordance with this Law.
      Footnote. Article 28-1 in wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (order of enforcement see Article 2); as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 29. Transitional provisions

      Individuals and legal entities having licenses on carrying out of touristic activity on moment of enforcement of this Law shall bring their activity in accordance with this Law in six monthly terms from date of enforcement of this Law.

      The President
      of the Republic of Kazakhstan