On Geodesics and Cartography

The Law of the Republic of Kazakhstan dated 3 July, 2002 No. 332

Unofficial translation

      This Law regulates the relations between state bodies, individuals and legal entities in the scope of geodetic and cartographical activity.

Article 1. Basic definitions used in this Law

      The following basic definitions are used in this Law:
      1) geographical informational system – program system, providing collecting, stockpiling, storage, analyze and expansion of spatial information about the Earth, objects of earth surface, natural, technogenic and public processes and phenomena of real world;
      2) geodetic and cartographic activity – administrative, production, technical and scientific activity in the scope of geodesics and cartography;
      3) geodetic and levelling network – system of points on the earth surface, fixed on the location by special centers and signs, relative position of which is determined in the planning proportion and throughout the height in the result of the geodetic activity;
      4) geodetic point – point of geodetic network, marked on the location laid in the ground (or in constructions on the ground) by center and construction (sign) elevated over it;
      5) geodesics – scope of relations arising in the process of scientific, technical and production activity on determination of figure, sizes and outer field of gravity of the Earth, coordinates and height of points of the earth surface and their changes in time, performed for the purpose of the maps and plans compilation as well as for provision of solving different engineer objectives on the earth surface;
      6) hydrography – exploring and description of water objects, their quality and quantitative characteristics;
      7) delimitation – indication of position and direction of the state border under the agreement between the allied states, fixed in the contract and graphically represented on the maps attached to the contract;
      8) demarcation – determination of the state border on the location in accordance with the contract of delimitation and its designation by relevant border marks;
      9) cartographic production – diminished, measurable and generalized images of the Earth surface and celestial objects on the paper and magnetic media received in the result of cartographic activity, constructed by special mathematical laws and in accepted system of symbolization;
      10) cartography – scope of relations arising in the process of scientific, technical and production activity on exploring, creation and use of cartographical productions;
      11) cartographical and geodetic fund – accumulation of materials and data created in the result of geodesic and cartographic activity having nationwide, inter-industry significance and being subject to the long-term storage for the purpose of their further use;
      12) satellite technologies – satellite systems of receiving information for coordinate and temporal determination of location of an observer or object as well as for cartography of the Earth surface areas;
      13) topography – exploring the earth surface in the geometrical relation and elaboration of methods of representing this surface on the flat surface as the topographical maps or plans.

Article 2. The legislation of the Republic of Kazakhstan in the scope of geodesics and cartography

      1. The legislation of the Republic of Kazakhstan in the scope of geodesics and cartography is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
      2. If international treaty, ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, the rules of international treaty shall be applied.

Article 3. Objects and subjects of the geodetic and cartographical activity

      1. Objects of the geodetic and cartographical activity are the territory of the Republic of Kazakhstan and geographical objects being on it as well as continents of the Earth, World's water, as well as islands, cosmic space including natural celestial objects and artificial Earth satellites.
      2. Subjects of geodetic and cartographical activity are central state bodies of the Republic of Kazakhstan and the state bodies of administrative-territorial units within their competence, established by the legislation of the Republic Kazakhstan as well as individuals and legal entities.

Article 4. Main directions of geodetic and cartographical activity

      1. Geodesic and cartographic activity depending on assignment of performed works shall be divided to:
      1) the activity of state assignment, the results of which have nationwide, inter-industry significance;
      2) the activity of special and (or) branch assignment, necessity of performance of which is determined by needs of subjects of geodetic and cartographical activity of the Republic of Kazakhstan.
      2. Geodetic and cartographical activity of the state assignment shall include:
      1) determination of figure, sizes and outer field of gravity of the Earth;
      2) remote sensing and geodynamic exploration of the Earth;
      3) creation, development, inspection, recovery of the state astrogeodetic, satellite geodetic and levelling networks of all classes, fundamental and first class of gravimetric network, tightness and exactness of which shall provide the creation of the state topographical maps and plans;
      4) creation, renewal and publication of the state topographical maps and plans as well as of plans of cities and inhabited localities in graphical, digital, photographical, electronic and other forms, exactness and contain of which shall provide the solution of nationwide, defense, scientific and research and other objectives;
      5) implementation and use of geodetic satellite technology;
      6) geodetic, cartographical, topographical and hydrographical provision of delimitation, demarcation and check of passing the line of the state border of the Republic of Kazakhstan, as well as delimitation of maritime space of the Republic of Kazakhstan;
      7) mapping of the shelf of seas, lakes, rivers, reservoirs and creation of topographical, maritime navigation maps, aids, pilots of seas, waterways and reservoirs;
      8) performance of geodetic, cartographical, topographical and hydrographical works in the interests of the state, its defense and security as well as safety ensuring of general seafaring on seas, waterways and reservoirs;
      9) air and space survey works for creation and renewal of topographic and special maps and plans, as well as territories of foreign states and the World's water;
      10) formation and performance of the National cartographical and geodetic fund;
      11) creation and performance of geographical informational systems;
      12) compilation and publication of common geographical, political and administrative, scientific and informational and other thematic maps, plans and atlases of inter-industry assignment, educational cartographical aids;
      13) standardization, record and regulation of use of geographical names, creation and performance of the State catalog of geographical names;
      14) performance of scientific and research, experimental and design works and implementation of modern technologies;
      15) elaboration, confirmation and enforcement of the state regulations in the scope of geodetic and cartographical activity;
      16) organization of the production of geodetic and cartographical technology;
      17) metrological provision of geodetic, cartographical, topographical works.
      3. Geodetic and cartographical activity of special and (or) branch assignment shall include:
      1) creation and renewal of topographical plans, destined for compilation of general plans of areas of building of different objects, above-ground and underground constructions and networks, siting of buildings and constructions to the areas of building as well as for performance of other special works;
      2) creation and publication of thematic maps, plans and atlases of special assignment in the graphical, digital, photographic, electronic and other forms;
      3) creation and maintenance of geographical informational systems of special assignment;
      4) geodetic, topographical, air survey and other special works upon the engineering and investigations, building and exploitation of engineer constructions of linear and areal type, underground constructions and networks, performance of land registries and other investigations and special works;
      5) performance of scientific and experimental and design works on directions stated in this paragraph;
      6) engineer and geodesic and surveying works.

Article 5. Competence of the Government of the Republic of Kazakhstan

      Competence of the Government of the Republic of Kazakhstan include:
      1) determination of the central executive body (hereinafter – authorized body), carrying out the state administration and control and supervisory functions in the scope of geodesics and cartography;
      2) (is excluded)
      3) establishment of the unified state systems of axes, heights, gravimetric and satellite measurements, as well as succeeding scales of the state topographical maps and plans;
      4) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      5) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      6) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      6-1) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      7) (is excluded);
      8) performance of other functions imposed on it by the Constitution, Laws of the Republic of Kazakhstan and the acts of the President of the Republic of Kazakhstan.
      Footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 05.07.2011 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); dated 29.09.2014 No.239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 6. Competence of the authorized body

      Competence of the authorized body includes:
      1) performance of the unified state and scientific and technological policy in the scope of geodesics and cartography;
      1-1) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      2) coordination of the activity of subjects of geodesic and cartographical activity;
      3) organization of performance of the geodetic and cartographical works of the state, special and (or) branch assignment;
      4) carrying out of the state geodetic control;
      5) supervision of the correct imaging of the state border of the Republic of Kazakhstan and borders of administrative-territorial units on the location and their imaging on the cartographical materials;
      6) performance of the duty informational map with imaging changes of the borders between administrative-territorial units of it as well as changes of the location and names of the geographical objects;
      7) elaboration, confirmation of regulatory legal acts with exception of those establishing requirements to the subject of the private enterprise in the scope of geodesics and cartography;
      8) registration, record and issuance of permissions for performance of air survey works in the manner established by the Government of the Republic of Kazakhstan;
      9) record of geodetic points and control for provision of their safety;
      10) requirement of the elimination of detected violations of the order of organization and performance of the geodetic and cartographical works as well as concentration, record, storage, use and realization of the geodetic and cartographical materials and data, received in the result of performance of stated works or aerospace surveys;
      11) suspension of geodetic and cartographical works upon establishment of facts of violation of the legislation of the Republic of Kazakhstan on the scope of geodesics and cartography;
      12) is 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);
      13) confirmation of the instructions, regulations and rules, governing the order of producing, record, storage, duplication and use of data and materials of geodetic and cartographical works, aerospace surveys in recognition of interests of security of the Republic of Kazakhstan;
      14) issuance of relevant details on geodetic and cartographical exploration maturity of location on the areas of planned works to the subjects of geodetic and cartographical activity;
      15) elaboration of rules of carrying out the state control and supervision in the scope of geodesics and cartography;
      15-1) maintenance of the register of the subjects, served the notification on beginning of geodetic and cartographical activity;
      15-2) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);
      15-3) confirmation of the list of topographic and geodetic and cartographic works performed at the expense of the republican budget
      15-4) confirmation of the regulatory legal acts establishing requirements to the subjects of private entrepreneurs in the field of geodetics and cartography;
      16) carrying out of the other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 12.01.2007 No. 222 (shall be enforced upon expiry of 6 month from the date of its 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 30.01.2012); 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 its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Article 7. Notification in the scope of the geodesics and cartography

      Footnote. Title of Article 7 is in the wording of the Law of the Republic of Kazakhstan dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after the date of its first official publication).

      1. Following types of geodetic and (or) cartographical activity shall be carried out upon notification on beginning or termination of carrying out the activity served in the manner established by the Law of the Republic of Kazakhstan «On permissions and notifications»:
      1) performance of the geodetic works;
      2) performance of the cartographical works.
      2. Notification shall be accompanied by details and documents in accordance with the requirements, submitted to the subjects carrying out the performance of the geodetic and cartographical works according to Article 7-1 of this Law.
      Footnote. Article 7 is in the wording of the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten days after its first official publication); as 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 the date of its first official publication).

Article 7-1. Requirements submitted to the subjects carrying out the performance of geodetic and cartographical works

      Footnote. Title of Article 7-1 is in the wording of the Law of the Republic of Kazakhstan dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after the date of its first official publication).

      Subjects carrying out the performance of geodetic and (or) cartographical work shall have:
      1) own or tenanted kit of gaged apparatuses, technical equipment and instruments allowing to perform geodetic and (or) cartographical works or the contract on rendering of services with the organization having the kit of gaged apparatuses, technical equipment and instruments with specification of factory numbers;
      2) specialist having higher or after secondary-level education in the scope of geodesics and (or) cartography.
      Footnote. The Law is supplemented by Article 7-1 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 8. Regulatory legal acts and technical requirements in the scope of the geodetic and cartographical activity

      Regulatory legal acts and technical requirements shall establish the order of performance of geodetic and cartographical works on unified technical regulations and rules destined for the state regulation of these works and carrying out of the state supervision and that are mandatory for all the subjects of the geodetic and cartographical activity.

Article 9. Metrological provision of the geodetic and cartographical activity

      1. Authorized body within the competence in accordance with the legislation of the Republic of Kazakhstan in the scope of standardization, metrology and certifying shall have a right to:
      1) carrying out of activity on provision of unity and exactness of the means of geodetic measurement in accordance with the legislation of the Republic of Kazakhstan;
      2) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) conduct of metrological control and supervision of geodetic and cartographical technical equipment, apparatuses and instruments.
      2. Certificate on apparatuses and technical equipment of topographical-geodetic and cartographical assignment issued by the foreign state shall be considered to be valid in the Republic of Kazakhstan upon condition of its recognition by the state certification system in accordance with the legislation of the Republic of Kazakhstan on certification.
      Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10. Financing of geodetic and cartographical activity

      1. Geodetic and cartographical activity of the state assignment shall be financed on account of the budget funds.
      2. Geodetic and cartographical activity of the special and (or) branch assignment shall be carried out on account of funds of individuals and legal entities being customers of products.
      3. Subjects of geodetic and cartographical activity being the customers and (or) performers of geodetic, topographical and cartographical works financed on account of budget funds shall use earlier created geodetic, topographical and cartographical materials and details. <*>
      Footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January, 2005)

Article 11. Copyright law on the cartographical production

      Copyright law on maps, plans, sketches, illustrations and third-dimensional works related to the cartography, geodesics, topography and relations arising in connection with it shall be regulated by legislative acts of the Republic of Kazakhstan.

Article 12. National cartographical and geodetic fund of the Republic of Kazakhstan

      1. National cartographical and geodetic fund of the Republic of Kazakhstan represents the accumulation of geodetic, topographical, cartographical, hydrographical, air and space survey, gravimetrical materials and data received in the result of carrying out the geodetic and cartographical activity and having nationwide, inter-industry, special and (or) branch significance.
      Departmental cartographical and geodetic funds represent the accumulation of geodetic, topographical, cartographical, hydrographical, gravimetrical and air and space survey materials and data having special and (or) branch significance and are in the jurisdiction of the central executive bodies.
      2. National cartographical and geodetic fund is in the jurisdiction of the authorized body.
      Cartographical and geodetic fund of the Ministry of Defense is in the jurisdiction of the Ministry of Defense of the Republic of Kazakhstan.
      3. Documents of the National cartographical and geodetic fund related to the structure of the National archive fund of the Republic of Kazakhstan in the established manner shall be stored in accordance with the legislation of the Republic of Kazakhstan.
      4. Documents of the National cartographical and geodetic fund of the Republic of Kazakhstan are in the state ownership and are not subject to alienation, as well as may not be removed on perpetual storage to the other states.
      5. Rules of formation, collecting, storage and use of documents of the National cartographical and geodetic fund of the Republic of Kazakhstan shall be confirmed by the authorized body.
      Rules of formation, collecting, storage and use of documents in the departmental (branch) cartographical and geodetic funds and list materials and data included to them shall be confirmed by the relevant central executive bodies in coordination with the authorized body.
      6. For use of materials and data of the National cartographical and geodetic fund of the Republic of Kazakhstan, payments including costs for creation, storage and deliver of mentioned materials and data (copies) as well as services on selection of mentioned materials and data, and on producing of their copies shall be charged. Mentioned services shall be provided to the state bodies on a gratuitous basis.
      For use of materials and data of the National cartographical and geodetic fund in purpose of performance of cartographical and geodetic works on account of the funds of the state budget, payment including only the costs for services on selection of mentioned materials and data, producing of their copies as well as on their deliver shall be charged.
      Funds received for the use of materials and data of the National cartographical and geodetic fund shall be directed to the budget in accordance with the budget legislation of the Republic of Kazakhstan.
      7. Access to the documents of the National cartographical and geodesic fund of the Republic of Kazakhstan that are the carriers of details representing the state secrets shall be carried out in accordance with the legislation of the Republic of Kazakhstan.
      8. Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      9. Individuals and legal entities carrying out geodetic and cartographical activity shall be obliged to represent one sample of copies of geodetic and cartographical materials and data created by them to the National cartographical and geodetic fund of the Republic of Kazakhstan on a gratuitous basis with reservation of the copyright laws.
      10. Users of cartographical and geodetic production of the National cartographical and geodetic fund of the Republic of Kazakhstan shall be obliged to provide safety of received materials and data, to return them in terms established by the authorized body, not to divulgate details representing the state secrets containing in the mentioned materials.
      Footnote. Article 12 as amended by the Laws of the Republic of Kazakhstan dated 01.03.2011 No. 414-IV (shall be enforced from the date of its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No,239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 13. State property on geodetic and cartographical production

      Geodetic and cartographical production as well as hydrographical, air and space survey and gravimetrical materials and data received in the result of geodetic and cartographical activity carried out on account of the budget funds are the state property of the Republic of Kazakhstan.
      Footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January, 2005)

Article 14. Geodetic and cartographical activity in the interests of provision of defense and national security of the Republic of Kazakhstan

      Geodetic and cartographical activity in the interests of provision of defense and security of the Republic of Kazakhstan shall be carried out by the Ministry of Defense of the Republic of Kazakhstan and the authorized body on mutually coordinated plans of work.

Article 15. Transfer of information on objects of the location

      Individuals and legal entities being holders of information on objects of the location in the territory of the Republic of Kazakhstan being subject to imaging on geographical, topographical and other maps and plans, upon requests of producers of maps and plans or the authorized body shall transfer copies of documents containing this information to them.

Article 16. Protection of points of the state geodetic networks

      1. Geodetic points (astrogeodetic, geodetic, levelling and gravimetric points, land signs and centers of these points) of the state geodetic network as well as points of special geodetic networks (centers, control marks, outer signs, oriented points) are the state property and are under the guardianship of the state.
      Demolition or re-walling (transferal) of the geodetic points shall be performed only upon authorization of the authorized body.
      2. Provision of land plots for arrangement of geodetic points on them shall be carried out in accordance with the legislation of the Republic of Kazakhstan.
      3. Owners and land users of land plots in the territories of which the geodetic points are arranged shall be obliged to:
      1) inform the authorized body on all the cases of damage or destruction of geodetic points;
      2) provide possibility of access route (entrance) to the geodetic points upon performance of geodetic and cartographical works.
      4. Destruction or damage of geodetic, levelling points shall entail responsibility in accordance with the legislative acts of the Republic of Kazakhstan.
      5. Rules on security of geodetic points shall be confirmed by the authorized body.
      Footnote. Article 16 as amended by the Laws of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication)

Article 17. International cooperation in the scope of the geodetics and cartography

      The Republic of Kazakhstan shall carry out international cooperation in the scope of geodetics and cartography proceeding from the aspiration to development of mutually beneficial cooperation.
      Authorized body shall represent the Republic of Kazakhstan in the international organizations within the competence.

Article 18. Responsibility for breach of the legislation of the Republic of Kazakhstan on geodetic and cartographical activity

      Persons that are guilty in the breach of the legislation of the Republic of Kazakhstan on geodetic and cartographical activity shall entail responsibility in accordance with the legislative acts of the Republic of Kazakhstan.

      The President
      of the Republic of Kazakhstan