Unofficial translation
      Footnote. The preamble is excluded by the Law of the Republic of Kazakhstan dated 10.01.2025 № 153-VIII (shall be enforced ten calendar days after the date of its first official publication).

Article 1. Legislation of the Republic of Kazakhstan on the protection and use of historical and cultural heritage sites

      The legislation of the Republic of Kazakhstan on the protection and use of historical and cultural heritage sites is based on the Constitution of the Republic of Kazakhstan and consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.

      If an international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained herein, then the rules of the international treaty shall apply.

Article 2. Main objectives and tasks of this Law

      1. The main objectives of this Law are the protection and use of historical and cultural heritage sites, ensuring their revival, preservation and popularization.

      2. The main tasks of this Law are:

      1) ensuring the identification, registration, protection and use of historical and cultural heritage sites;

      2) ensuring state control in the field of protection and use of historical and cultural heritage sites;

      3) popularization of historical and cultural monuments at the international level;

      4) ensuring the preservation of historical and cultural heritage sites.

Article 2-1. Main principles of this Law

      The main principles of this Law are:

      1) creation of conditions for the protection and use of historical and cultural heritage sites;

      2) protection and preservation of historical and cultural heritage sites;

      3) support for scientific support of historical and cultural heritage sites;

      4) general availability of historical and cultural heritage sites for scientific, educational, tourist, informational and educational purposes.

Article 3. Basic concepts used in this Law

      The following basic concepts are used in this Law:

      1) ensembles and complexes - groups of isolated or combined monuments, buildings and structures of a fortification, palace, residential, public, administrative, commercial, industrial, scientific, educational, religious purpose, including fragments of historical plans and buildings of settlements, localized on historically formed territories;

      2) archaeological sites – man sites, settlements, remains of buildings, campsites, fortifications, industries, canals, roads, burial grounds, burial mounds, necropolises, megalithic structures, stone sculptures, rock art objects, including petroglyphs, sections of the historical cultural layer of settlements and other objects containing traces of human life and activity in the historical past, subject to identification, study and preservation through archaeological work;

      3) archaeological works – planned or unscheduled (preventive) archaeological work to identify, study and preserve historical and cultural heritage sites through archaeological exploration and excavations;

      3-1) register of historical and cultural heritage sites, identified during archaeological works – the list of historical and cultural heritage sites, identified during archaeological works, compiled in the unified automated information system for archaeological works;

      3-2) register of persons engaged in archaeological works - the list of individuals and legal entities, carrying out archaeological works on the territory of the Republic of Kazakhstan on the basis of a license for carrying out archaeological work, formed in the single automated information system for archaeological works;

      3-3) Unified Automated Information System for Archaeological Works – an information technology facility that enables management of data on historical and cultural heritage sites, discovered during archaeological works;

      3-4) archaeological material – objects and samples, discovered during archaeological works and are of value as scientific research objects;

      3-5) mass archaeological finds – archaeological finds in the form of fragments, parts, or multiple identical objects that do not possess particular value and taken together reflect the cultural and chronological features of the historical and cultural heritage site being studied;

      3-6) State fund of mass archaeological finds and archaeological materials – a collection of mass archaeological finds and archaeological materials, obtained during archaeological works on the territory of the Republic of Kazakhstan and subject to storage in the National Depository of mass archaeological finds and archaeological materials;

      3-7) individual archaeological finds – archaeological finds of particular historical, cultural, scientific value, reflecting the cultural and chronological features of the historical and cultural heritage site being studied;

      3-8) unscheduled (preventive) archaeological works – works to identify, study and preserve historical and cultural heritage sites, located on land plots, subject to development and (or) at risk of destruction, through archaeological exploration and excavations;

      3-9) scheduled archaeological works – scientific research works to identify, study and preserve historical and cultural heritage sites through archaeological exploration and excavations, carried out on the basis of an archaeological works plan;

      4) sacred sites - historical and memorable places, man-made and natural religious sites, landscapes, structures associated with outstanding historical events and personalities, as well as the spiritual values of the people;

      5) a preliminary list of the world cultural heritage of the Republic of Kazakhstan - a list of historical and cultural monuments submitted to the UNESCO World Heritage Committee for inclusion in the UNESCO List of all peaceful cultural and natural heritage;

      6) monuments of urban planning and architecture - architectural ensembles and complexes, historical centers, quarters, squares, streets, buildings of civil, residential, industrial, military, religious architecture, folk architecture, as well as related works of monumental, decorative and applied and garden park art, natural landscapes;

      7) protection obligation - a document that fixes the state of a monument of history and culture at the time of issuing this document and the conditions for keeping a monument of history and culture by the owner or user of the monument of history and culture;

      8) memorial plaque - a slab of marble, granite, metal or other materials containing information about an outstanding person or significant event, installed on the facades of buildings and structures;

      9) constructions of monumental art - works of monumental art (monuments, steles, busts), erected to perpetuate the memory of outstanding persons, commemorated historical events;

      10) monuments of history and culture - historical and cultural heritage sites included in the State List of Monuments of History and Culture;

      11) scientific and restoration work of monuments of history and culture - research, design and production work carried out in order to ensure the preservation of monuments of history and culture;

      12) State List of Monuments of History and Culture - a list of historical and cultural heritage sites, recognized as monuments of history and culture, indicating their type, category and coordinates;

      13) user of a monument of history and culture - an individual or legal entity who, in accordance with this Law, is granted the right to use a monument of history and culture on the basis of an agreement with its owner;

      14) historical and cultural heritage sites – items of immovable property with associated works of painting, sculpture, applied art, science, technology and other items of material culture that have arisen as a result of historical processes and events of interest from the point of view of history, archeology, architecture, urban planning, art, science, technology, aesthetics, ethnology, anthropology, social culture;

      15) a list of preliminary registration of historical and cultural heritage sites (hereinafter - the list of preliminary registration) - a list of newly identified historical and cultural heritage sites subject to study and determination of the appropriate status;

      16) the authorized body for the protection and use of historical and cultural heritage sites (hereinafter referred to as the authorized body) - the central executive body that carries out management and intersectoral coordination in the field of protection and use of historical and cultural heritage sites;

      17) historical and cultural expertise - a study aimed at establishing the historical and cultural significance and degree of preservation of the historical and cultural heritage site;

      18) historical and architectural reference plan - a document fixing the territory and location of the monument of history and culture in the relevant area;

      19) National Pantheon - a place for the burial of deceased (perished) persons, which is an architectural structure of memorial value, founded in order to perpetuate the memory of prominent figures of the state, science, culture, as well as persons who contributed to the development of Kazakhstan;

      20) UNESCO World Heritage List - a list of world cultural and natural heritage sites, formed on the basis of a decision of the UNESCO World Heritage Committee.

Article 4. Historical and cultural heritage sites

      1. The identified historical and cultural heritage sites shall be included in the list of preliminary registration by local executive bodies of regions, cities of republican status, the capital, and, until a final decision on their status is made, shall be subject to protection along with historical and cultural monuments in accordance with this Law.

      2. The inclusion in the State List of Historical and Cultural Monuments of historical and cultural heritage sites included in the preliminary registration list, or their exclusion from the preliminary registration list shall be carried out by the relevant state bodies within three years from the date of their inclusion in the preliminary registration list.

      3. The term specified in paragraph 2 of this article may be extended by local executive bodies of regions, cities of republican status, the capital for a period of not more than two years.

      4. Historical and cultural heritage sites shall attain the status of historical and cultural monuments from the day they are entered into the State List of Historical and Cultural Monuments of Republican Silt and Local Significance.

Article 5. Monuments of history and culture

      1. Monuments of history and culture shall be divided into the following types:

      1) monuments of archeology;

      2) monuments of urban planning and architecture;

      3) ensembles and complexes;

      4) sacred sites;

      5) constructions of monumental art.

      2. Monuments of history and culture in the Republic of Kazakhstan shall be subject to mandatory protection and preservation in the manner prescribed by this Law, shall have a special legal regime for their use, change of ownership of them and deprivation of their status.

      Deprivation of a historical and cultural monument of its status and exclusion from the State List of Historical and Cultural Monuments shall be allowed only in case of complete physical loss of the site and (or) loss of historical and cultural significance.

      3. For monuments of history and culture, the local executive body of the corresponding administrative-territorial unit shall draw up a passport for the monument of history and culture in the manner determined by the authorized body. Upon receipt of new information about the historical and cultural monument, an enclosure with new information shall be attached to the passport of the historical and cultural monument.

Article 6. Categories of monuments of history and culture

      Monuments of history and culture shall be divided into the following categories:

      1) monuments of history and culture of international importance, which are of particular importance for world history and culture;

      2) monuments of history and culture of republican status, which are of particular importance for the history and culture of the Republic of Kazakhstan;

      3) monuments of history and culture of local significance, which are of particular importance for the history and culture of the corresponding administrative-territorial unit.

Article 7. Participation of individuals and legal entities in the implementation of measures for the protection and use of historical and cultural heritage sites

      Individuals and legal entities shall participate in the popularization of historical and cultural monuments, assist local executive bodies of regions, cities of republican status, the capital, districts (cities of regional status) in the implementation of measures to protect, preserve and use historical and cultural heritage sites.

Article 8. International cooperation in the field of protection and use of historical and cultural heritage sites

      1. International cooperation in the field of protection and use of historical and cultural heritage sites shall be carried out in accordance with this Law and international treaties of the Republic of Kazakhstan.

      2. International cooperation in the field of protection and use of historical and cultural heritage sites shall be carried out in order to protect and use historical and cultural monuments, which are:

      1) the property of the Republic of Kazakhstan but located in the territories of other states;

      2) the property of other states but located on the territory of the Republic of Kazakhstan;

      3) the property of other states located on their territories but historically associated with the Republic of Kazakhstan.

Article 9. Competence of the Government of the Republic of Kazakhstan in the field of protection and use of historical and cultural heritage sites

      The Government of the Republic of Kazakhstan shall:

      1) develop the main directions of state policy in the field of protection and use of historical and cultural heritage sites;

      2) approve the regulations on the National Pantheon;

Article 10. Competence of the authorized body

      The authorized body shall:

      1) on the basis of and in pursuance of the main directions of domestic and foreign policy of the state, determined by the President of the Republic of Kazakhstan, and the main directions of socio-economic policy of the state, its defense capability, security, ensuring public order, developed by the Government of the Republic of Kazakhstan, forms and implements the state policy in the sphere of protection and use of objects of historical and cultural heritage in accordance with the legislation of the Republic of Kazakhstan;

      2) monitor the state of historical and cultural monuments of international and republican status and ensure their safety;

      3) establish the rates of rent for the use of monuments of history and culture, which are in state ownership;

      4) recognize the historical and cultural heritage site and (or) a historical and cultural monument of local significance as historical and cultural monuments of republican status and include them in the State List of Historical and Cultural Monuments of Republican Status on the basis of the conclusion of the historical and cultural expertise and recommendations of a special commission on the issues of historical and cultural heritage;

      5) deprive a historical and cultural monument of republican status of its status and exclude it from the State List of Historical and Cultural Monuments of Republican Status on the basis of the conclusion of the historical and cultural expertise and the recommendation of a special commission on historical and cultural heritage;

      6) approve the State List of Monuments of History and Culture of Local Significance;

      7) coordinate projects of scientific and restoration work of monuments of history and culture, economic and other activities in the territories of historical and cultural monuments of international and republican status and their protected zones;

      8) form a preliminary list of the world cultural heritage of the Republic of Kazakhstan from among the monuments of history and culture;

      11) approve the provision for use of historical and cultural monuments of international and republican status, which are state property as well as historical and cultural monuments of local significance, which are republican property;

      12) coordinate the movement and change of the monument of history and culture;

      13) carry out cross-sectoral coordination in the field of protection and use of historical and cultural heritage sites;

      14) develop and approve the rules for identifying, recording, granting and depriving of status, moving and changing, monitoring the state and changing the category of historical and cultural monuments;

      15) develop and approve the rules for granting use of monuments of history and culture and access to them;

      16) develop and approve the rules for issuing security obligations;

      17) develop and approve the rules for determining the protected zone, the development control zone and the zone of the protected natural landscape of the historical and cultural monument and the regime of their use;

      18) develop and approve the rules and conditions for carrying out scientific restoration work of monuments of history and culture;

      19) develop and approve the rules and conditions for the implementation of archaeological work;

      20) develop and approve the rules for the establishment of monumental art structures;

      21) develop and approve the rules for the establishment of memorial plaques;

      22) develop and approve rates for the performance of scientific and restoration work of monuments of history and culture;

      23) develop and approve qualification requirements and conditions for licensing activities, related to scientific restoration work on historical and cultural monuments and archaeological works;

      23-1) develop and approve rules for the activities of organizations, involved in the protection and use of historical and cultural heritage sites;

      24) develop and approve the rules for the protection and use of monuments of history and culture;

      24-1) develop and approve regulatory legal acts in the field of protection and use of historical and cultural heritage sites in accordance with the goals and objectives of this Law and the legislation of the Republic of Kazakhstan;

      25) exercise other powers provided for 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.

Article 11. Competence of local executive bodies of regions, cities of republican status, the capital, districts (cities of regional status)

      1. Local executive bodies of regions, cities of republican status, the capital shall:

      1) ensure the identification, recording, preservation, study, use and monitoring of the state of historical and cultural heritage sites, with the exception of historical and cultural heritage sites located on the territory of a city of regional significance with a special status, in accordance with the Law of the Republic of Kazakhstan;

      2) ensure the carrying out of scientific restoration of ionic works on monuments of history and culture;

      3) provide for measures to organize the recording, preservation, study, scientific restoration work on historical and cultural monuments of local significance and archaeological work in the plans for the economic and social development of the relevant territories, with the exception of historical and cultural monuments of local significance located on the territory of a city of regional significance with a special status, in accordance with the Law of the Republic of Kazakhstan;

      5) in agreement with the authorized body, when developing and approving urban development projects, ensure the implementation of measures to identify, study, preserve historical and cultural monuments of all categories, the preparation of historical and architectural reference plans and maps-schemes of the relevant area, with the exception of the implementation of measures, the preparation of historical and architectural reference plans and maps-schemes of a city of regional significance with a special status, in accordance with the Law of the Republic of Kazakhstan;

      6) work on the introduction of historical and architectural reference plans into the general plans of the respective settlements, except for the plan of a city of regional significance with a special status, in accordance with the Law of the Republic of Kazakhstan;

      7) draw up and issue security obligations, control their implementation by the owners and users of historical and cultural monuments;

      8) create commissions for the protection of monuments of history and culture;

      9) carry out work to establish structures of monumental art;

      10) carry out work on the installation of memorial plaques;

      11) review and approve scientific and design documentation of scientific restoration work planned on historical and cultural monuments of local significance, with the exception of scientific and design documentation of scientific restoration work planned on historical and cultural monuments of local significance located on the territory of a city of regional significance with a special status, in accordance with the Law of the Republic of Kazakhstan;

      12) in agreement with the authorized body, recognize historical and cultural heritage sites as monuments of history and culture of local importance and include them in the State List of Monuments of History and Culture of Local Significance on the basis of the conclusion of the historical and cultural expertise;

      13) deprive a historical and cultural monument of local significance of its status and exclude it from the State List of Historical and Cultural Monuments of Local Significance on the basis of the conclusion of the historical and cultural expertise in agreement with the authorized body;

      14) exercise, in the interests of local government, other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.

      2. On their territory, local executive bodies of districts (cities of regional status) shall:

      1) involve the public in carrying out activities for the preservation and popularization of historical and cultural monuments;

      2) inform the local executive bodies of regions, cities of republican status, the capital or an authorized body within their competence about the elimination of damage, the threat of destruction of monuments of history and culture;

      3) make proposals on the inclusion of historical and cultural heritage sites in the State List of Historical and Cultural Monuments of Local Significance;

      4) exercise, in the interests of local government, other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.

Article 12. Licensing of Activities in the Protection and Use of Historical and Cultural Heritage Sites

      1. Activities in the protection and use of historical and cultural heritage sites shall be subject to licensing in accordance with this Law and the legislation of the Republic of Kazakhstan on permits and notifications.

      2. Applicants for a license to carry out scientific restoration works on historical and cultural monuments, and licensees, carrying out this type of activity, must have at least one specialist restorer with a secondary technical and vocational education and at least five years of experience, or a researcher in the relevant specialization with at least five years of experience and an academic degree in the relevant field, or a master's degree, doctorate in the relevant field, or doctor of philosophy (PhD).

      Applicants, who have filed an application for a license to carry out archaeological works, and licensees, carrying out this type of activity, must have at least one research worker with a higher education in the relevant specialization with at least five years of work experience and an academic degree in this field or a doctorate in the relevant field, or a doctor of philosophy (PhD).

      A researcher or restoration specialist, employed by an organization, licensed to carry out scientific restoration work on historical and cultural monuments and (or) to carry out archaeological works may not be claimed by another organization when applying for licenses for these activities.

      3. Licenses for activities in the protection and use of historical and cultural heritage sites shall be issued by the authorized body.

      4. The licensor shall suspend licenses for scientific restoration work on historical and cultural monuments and (or) for archaeological work in the event of non-compliance with the legislation requirements of the Republic of Kazakhstan on the protection and use of historical and cultural heritage sites for a period of up to six months in the manner, prescribed by the laws of the Republic of Kazakhstan.

      5. The licensor shall revoke licenses for scientific restoration works on historical and cultural monuments and (or) for archaeological works in the event of the total or partial physical loss of a historical and cultural heritage site or historical and cultural monument due to the licensee's fault, resulting from non-compliance with the requirements of the legislation of the Republic of Kazakhstan on the protection and use of historical and cultural heritage sites.

      6. Licenses for scientific restoration works on historical and cultural monuments and for archaeological works shall be issued for a period of five years.

Article 13. State control in the field of protection and use of historical and cultural heritage sites

      1. The purpose of state control in the field of protection and use of historical and cultural heritage sites shall be to ensure that individuals and legal entities comply with the legislation of the Republic of Kazakhstan on the protection and use of historical and cultural heritage sites.

      State control in the sphere of protection and use of historical and cultural heritage sites is carried out by the authorized body and local executive bodies of regions, cities of republican significance, the capital, city of regional significance with special status in accordance with the Law of the Republic of Kazakhstan.

      2. State control in the field of protection and use of historical and cultural heritage sites, carried out by the authorized body shall include control over:

      1) the use and procedure for the maintenance of historical and cultural monuments of international and republican significance;

      2) the establishment of structures of monumental art;

      3) carrying out archaeological and scientific restoration work on historical and cultural monuments of international and republican status.

      3. State control in the field of protection and use of historical and cultural heritage sites, carried out by local executive bodies of regions, cities of republican status, the capital shall include control over:

      1) the use and maintenance of historical and cultural monuments of local significance;

      2) carrying out scientific and restoration work of monuments of history and culture of local significance and archaeological work with the exception of work over monuments of history and culture of international and republican significance.

      4. State control in the field of protection and use of objects of historical and cultural heritage shall be carried out in the form of inspections and preventive control with a visit to the subject (object) of control in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.

Article 14. Holders of ownership right

      The holders of the ownership right to historical and cultural heritage sites shall be the Republic of Kazakhstan, individuals and legal entities.

Article 15. State ownership of monuments of history and culture

      Monuments of history and culture located on the territory of the Republic of Kazakhstan and not belonging to other entities shall be the property of the Republic of Kazakhstan.

      The Republic of Kazakhstan may acquire ownership rights to monuments of history and culture that constitute the historical and cultural heritage of the people of Kazakhstan, which have historical and cultural value, under agreements with their owners.

      On behalf of the Republic of Kazakhstan, the powers of the owner for the monuments of history and culture of international and republican status shall be exercised by the authorized body, and for the monuments of history and culture of local significance - by local executive bodies of regions, cities of republican status, the capital.

Article 16. Rights of the owner of a monument of history and culture

      The owner shall have the right to own, use and dispose of historical and cultural monuments as property with the exception of the right to destroy them independently.

      The owner of a historical and cultural monument shall have the right to demand non-disclosure of its content or deny access for research and public inspection for a period of up to fifty years, if the property item belongs to him/her on the basis of inheritance rights and, by its origin or content, is related to the person of the testator or the ancestors of the owner.

      The owner shall have the right to profit (receive income) as a result of the use and operation of historical and cultural monuments limited by the protective obligation.

Article 17. Obligations of owners and users of monuments of history and culture

      1. Owners and users of historical and cultural monuments shall carry out activities for their preservation and shall be obliged to comply with the conditions for maintaining a historical and cultural monument by:

      1) taking measures to ensure the preservation of historical and cultural monuments;

      2) ensuring access to the monument of history and culture for scientific, educational, tourist, informational and educational purposes in the manner and within the limits established by agreements with local executive bodies of regions, cities of republican status, the capital, with the exception of cases provided for in part two of Article 16 of this Law.

      2. The owners of monuments of history and culture shall be obliged to notify the local executive bodies of regions, cities of republican status, the capital of the alleged or completed changes in property rights.

      3. The conditions for the maintenance of historical and cultural monuments by the owners and users of historical and cultural monuments shall be recorded in the protection obligation issued by the local executive bodies of regions, cities of republican status, the capital.

Article 18. Withdrawal of mismanaged historical and cultural monuments

      The confiscation from the owner of mismanaged historical and cultural monuments shall be carried out in accordance with Article 256 of the Civil Code of the Republic of Kazakhstan, Article 33 of the Law of the Republic of Kazakhstan "On State Property" and with this Law.

Article 19. Benefits in the acquisition of ownership of a historical and cultural monument

      The owners of parts of the historical and cultural monument, which is in common shared ownership, shall have the preferential right to acquire ownership of other parts of this historical and cultural monument.

      The preemptive right to acquire other parts of a historical and cultural monument, provided for in the first part of this article, shall also apply to cases when the buyer's property does not have the status of a historical and cultural monument.

      When a monument of history and culture is publicly sold, the state shall have the right of preferential acquisition at the market (auction) price, except for the cases established by parts one and two of this article.

Article 20. Protection and use of historical and cultural heritage sites

      1. Historical and cultural heritage sites shall be used for scientific, educational and informational purposes.

      2. Protection and use of historical and cultural heritage sites shall include measures to identify, record, research and monitor the state of historical and cultural heritage sites.

Article 21. State lists of monuments of history and culture

      The state list of monuments of history and culture of republican status shall be approved by the authorized body.

      The state list of monuments of history and culture of local significance shall be approved by local executive bodies of regions, cities of republican status, the capital in agreement with the authorized body.

Article 22. Special Commission on Historical and Cultural Heritage

      An advisory board – a special commission on issues of historical and cultural heritage shall be created under the authorized body in order to develop proposals and recommendations on issues of historical and cultural heritage. The position and composition of the special commission on historical and cultural heritage shall be approved by the authorized body.

Article 23. Protection and use of monuments of history and culture

      1. Monuments of history and culture shall be used to revive and preserve the spiritual and cultural traditions of the people of Kazakhstan, as well as for scientific, educational, tourist, informational and educational purposes.

      When using historical and cultural monuments, their damage, destruction and (or) causing other damage to their historical, scientific, artistic or cultural value and preservation shall not be permitted.

      2. The mode of use of lands of historical and cultural monuments shall be determined in the projects of protected zones, zones of regulation of development and zones of protected natural landscape of monuments of history and culture approved by local executive bodies of regions, cities of republican status, the capital.

      3. Protection and use of historical and cultural monuments shall include measures for the preservation, research, popularization and monitoring of the state of historical and cultural monuments.

Article 24. Procedure and conditions for granting historical and cultural monuments for use

      1. The provision for use of monuments of history and culture to individuals and legal entities shall be carried out for scientific, educational, tourist, informational and educational purposes.

      2. Monuments of history and culture of local significance, which are communal property, shall be provided for use by decision of local executive bodies of regions, cities of republican status, the capital.

      Historical and cultural monuments of local importance, which are republican property, shall be provided for use by decision of the authorized body for state property management in agreement with the authorized body.

      Historical and cultural monuments of international and republican status, which are communal property, shall be provided for use by decision of local executive bodies of regions, cities of republican status, the capital in agreement with the authorized body.

      Historical and cultural monuments of international and republican status, which are republican property, shall be provided for use by the decision of the authorized body for state property management in agreement with the authorized body.

Article 25. Deprivation of the right to use a monument of history and culture

      Individuals and legal entities, in whose use the monument of history and culture is, shall be deprived of the right of enjoyment in accordance with the laws of the Republic of Kazakhstan in case of violation of the obligation to use the monument of history and culture in accordance with its nature and purpose, as a result of which the monument of history and culture is exposed threat of destruction or damage.

Article 26. Ensuring the preservation of historical and cultural heritage sites located on lands provided for ownership and use

      The owners of land plots and land users shall be obliged to ensure the safety of historical and cultural heritage sites located on the lands provided to them.

      In case of non-fulfillment by the persons specified in part one of this article the obligation to ensure the preservation of historical and cultural heritage sites, land plots occupied by historical and cultural heritage sites shall be withdrawn in accordance with the laws of the Republic of Kazakhstan.

Article 27. Coordination of urban development projects

      Urban development projects affecting the territories of historical and cultural monuments shall be subject to approval by the authorized body.

Article 28. Protected zones of historical and cultural monuments and historical and cultural heritage sites discovered during archaeological works

      Footnote. The title of Article 28 as amended by Law of the Republic of Kazakhstan № 242-VIII dated 26.12.2025 № 242-VIII (shall take effect sixty calendar days after the date of its first official publication).

      1. In order to ensure the protection of monuments of history and culture, each historical and cultural monument shall be assigned its protection zone, a zone of regulation of development and a zone of a protected natural landscape.

      Determination of the boundaries of protected zones, development regulation zones and zones of a protected natural landscape of historical and cultural monuments shall be carried out by:

      local executive bodies - in relation to monuments of history and culture of local importance;

      the authorized body - in relation to historical and cultural monuments of international and republican status.

      1-1. To ensure preservation of historical and cultural heritage sites, discovered during archaeological works, a protected zone shall be established for each historical and cultural heritage site.

      The boundaries of the protected zone for a historical and cultural heritage site, discovered during archaeological works shall be determined by the individual or legal entity that discovered the site, in coordination with the local executive body.

      2 . The boundaries of protected zones, development regulation zones and zones of a protected natural landscape of historical and cultural monuments shall be approved by local executive bodies of regions, cities of republican status, the capital and shall be entered into the historical and architectural base plan and a map-diagram of the corresponding area where the location of historical and cultural monuments is recorded.

      2-1. Local executive bodies shall ensure the formation, collection and updating of spatial data on the established boundaries of protected zones, development control zones, and also zones of protected natural landscapes of historical and cultural monuments, as well as protected zones of historical and cultural heritage sites in the unified automated information system on archaeological works for subsequent publication on the public cadastral map of the information system of the unified state real estate cadastre through integrated interaction.

      3. Violation of the regime of land use within the protection zones, zones of regulation of development and zones of protected natural landscape of monuments of history and culture shall entail administrative responsibility in accordance with the Code of the Republic of Kazakhstan on Administrative Offenses.

Article 29. Relocation and changing of the monument of history and culture

      1. Relocation and changing of a historical and cultural monument shall be a change in the position of a historical and cultural monument in space, its appearance, space-planning and design solutions and structures, interior and other physical characteristics reflected in the passport of a historical and cultural monument.

      2. Relocation and changing of the monument of history and culture shall be prohibited.

      An exception shall be allowed only in cases of destruction of more than seventy percent of the monument of history and culture or loss of historical and cultural significance and or if its relocation and change will entail an improvement in the conditions for its preservation by the decision of:

      1) the authorized body on the basis of the conclusion of the historical and cultural expertise and the recommendation of the special commission on the issues of historical and cultural heritage for historical and cultural monuments of international and republican status;

      2) local executive bodies of regions, cities of republican status, the capital on the basis of the conclusion of the historical and cultural expertise on historical and cultural monuments of local significance in agreement with the authorized body.

      3. Individuals and legal entities that have received a decision, when relocating and changing a monument of history and culture, must ensure the conditions for its preservation.

      The relocated and changed historical and cultural monument shall be fixed by:

      local executive bodies of regions, cities of republican status, the capital - in relation to monuments of history and culture of local significance;

      authorized body - in relation to historical and cultural monuments of international and republican status.

      4. Expenses associated with the implementation of these works shall be borne by individuals and legal entities who have received a decision to move and change the monument of history and culture.

Article 30. Ensuring the preservation of historical and cultural heritage sites during the development of territories

      1. During the development of territories prior to the allocation of land plots, unscheduled (preventive) archaeological work must be carried out to identify historical and cultural heritage sites in accordance with the legislation of the Republic of Kazakhstan on the protection and use of historical and cultural heritage sites.

      Upon the results of unscheduled (preventive) archaeological works through archaeological exploration, a conclusion of historical and cultural expertise shall be issued.

      The individual or legal entity that conducted the historical and cultural expertise shall notify local executive bodies of its results by sending a copy of the conclusion of historical and cultural expertise within five business days of its issuance.

      The historical and cultural expertise, issued following the unscheduled (preventive) archaeological works through archaeological exploration shall be the ground for conducting unscheduled (preventive) archaeological work through archaeological excavations.

      Unscheduled (preventive) archaeological works shall be carried out at the expense of the individuals and legal entities, developing the territories.

      In case of discovery of objects of historical, scientific, artistic and cultural value, individuals and legal entities are obliged to suspend further work and report this to the authorized body and local executive bodies of regions, cities of republican significance, and the capital within three working days.

      2. If historical and cultural heritage sites are identified during unscheduled (preventive) archaeological work, information on them shall be included in the preliminary registration list by local executive bodies of oblasts, cities of national significance and the capital within ten working days of receiving a copy of the historical and cultural expertise conclusion. Until the final decision on their status is made, they shall be protected equally with historical and cultural monuments in accordance with this Law.

      The inclusion of historical and cultural heritage sites, identified during unscheduled (preventive) archaeological works and included in the preliminary registration list in the State List of Historical and Cultural Monuments, or their removal from the preliminary registration list, shall be made by the relevant state bodies within three months of their inclusion in the preliminary registration list.

      When intending to start large-scale restoration or new construction work on the territories of historical and cultural monuments included in the UNESCO World Heritage List, the authorized body shall, through the Ministry of Foreign Affairs of the Republic of Kazakhstan, notify the UNESCO World Heritage Committee in accordance with the Convention Concerning the Protection of World Cultural and Natural Heritage.

      3. It shall be prohibited to carry out works that may endanger the existence of historical and cultural heritage sites.

Article 31. Planning of scientific restoration work of monuments of history and culture

      Footnote. Article 31 is excluded by the Law of the Republic of Kazakhstan dated 10.01.2025 № 153-VIII (shall be enforced ten calendar days after the date of its first official publication).

Article 32. Scientific and restoration works on a historical and cultural monument and their planning

      Footnote. The title of Article 32 as amended by the Law of the Republic of Kazakhstan dated 10.01.2025 № 153-VIII (shall be enforced ten calendar days after the date of its first official publication).

      1. Scientific restoration work on the monument of history and culture shall include:

      1) scientific research - a set of measures aimed at studying, assessing the quality, degree of preservation and determining the scope of necessary work carried out to preserve a monument of history and culture, including activities carried out in the course of developing scientific and project documentation;

      2) conservation - a set of measures that protect a historical and cultural monument from further destruction and ensure the consolidation and protection of structural parts and decorative elements without changing the historically formed appearance of a historical and cultural monument. Conservation shall also include emergency response work, consisting of measures to ensure the physical safety of the monument of history and culture;

      3) restoration - a set of measures that ensure the preservation and disclosure of the historical, architectural and artistic appearance of a historical and cultural monument by freeing it from layers that have no value and distorting the appearance of a historical and cultural monument, replenishment of the lost elements of the building, ensemble and complex on the basis of scientific sound data;

      4) reconstruction - a set of measures to restore a lost historical and cultural monument in the presence of sufficient scientific data and a special historical, scientific, artistic or cultural value of the historical and cultural monument;

      5) repair - a set of measures to maintain the technical condition of a historical and cultural monument by carrying out periodic works without changing its existing appearance;

      6) adaptation - a set of measures carried out in order to create conditions for the modern use of a historical and cultural monument without prejudice to its historical, scientific, artistic or cultural value and preservation.

      2. Scientific restoration work of the monument of history and culture shall be carried out in accordance with the scientific and project documentation of scientific restoration work of monuments of history and culture.

      Scientific design documentation for scientific restoration work on historical and cultural monuments must include requirements for the works in the protected zones of historical and cultural monuments, should their adaptation be necessary.

      3. Scientific and restoration work of historical and cultural monuments shall be carried out at the expense of budget funds, attracting investments, as well as funds of owners and users of historical and cultural monuments.

      4. Scientific restoration works on historical and cultural monuments shall be carried out by individuals and legal entities based on a license for scientific restoration works on historical and cultural monuments, as well as a license for construction and installation work, if construction and installation works are carried out.

      5. Scientific-restoration works on historical and cultural monuments shall be carried out on the basis of the plan of scientific-restoration works on historical and cultural monuments approved by the authorized body.

      It is noy allowed to carry out scientific-restoration works on historical and cultural monuments outside the plan.

      The plan of scientific-restoration works on historical and cultural monuments shall be formed by the authorized body for the forthcoming calendar year taking into account proposals of state bodies and local executive bodies, as well as natural and legal persons.

Article 33. Planning of archaeological works

      Footnote. Article 33 excluded by the Law of the Republic of Kazakhstan dated 10.01.2025 № 153-VIII (shall be enforced ten calendar days after the date of its first official publication).

Article 34. Carrying out archaeological works

      Footnote: The title of Article 34 as amended by the Law of the Republic of Kazakhstan dated 26.12.2025 № 242-VIII (shall take effect sixty calendar days after the date of its first official publication).

      1. Archaeological works in the Republic of Kazakhstan shall be permitted if there is a license for archaeological work, and also in the manner, determined by the authorized body.

      Individuals and legal entities carrying out archaeological work shall be required to notify local executive bodies of regions, cities of national significance, the capital about the start of archaeological work before they begin, with the exception of work on historical and cultural monuments of international and national significance, of which the authorized body is notified.

      2. Archaeological works must be divided into scheduled and unscheduled (preventive) archaeological work.

      Scheduled archaeological works shall be carried out on an archaeological works plan, approved by the authorized body. Conducting scheduled archaeological works outside of the plan shall not be permitted.

      The plan of archaeological works shall be formed by the authorized body for the forthcoming calendar year taking into account the proposals of state bodies and local executive bodies, as well as individuals and legal entities.

      Unscheduled (preventive) archaeological works shall be carried out in accordance with Article 30 of this Law.

      3. After completion of archaeological works individuals and legal entities that performed them, are required to carry out conservation and reclamation works at the site.

      5. When carrying out archaeological works the use of specialized technical search equipment (metal detectors, radars, magnetic devices, and other technical means, enabling the detection of archaeological objects at a site) or earthmoving machines shall be permitted only by individuals or legal entities, licensed to carry out archaeological works.

Article 34-1. The National Archaeological Service

      1. The National Archaeological Service is a structural unit of a legal entity wholly-owned by the state, determined by the Government of the Republic of Kazakhstan.

      2. The National Archaeological Service shall:

      1) monitor archaeological works;

      2) provide scientific and methodological support for archaeological works;

      3) maintain the unified automated information system on archaeological works in the manner, determined by the authorized body;

      4) collect, analyze and systematize reports on the results of archaeological works;

      5) perform other functions, determined by the Government of the Republic of Kazakhstan.

Article 34-2. The Unified Automated Information System on Archaeological Works

      1. The Unified Automated Information System on Archaeological Works is created to manage data on historical and cultural heritage sites, discovered during archaeological works.

      2. The objectives of the Unified Automated Information System on Archaeological Works shall be:

      1) collecting, systematizing, digitizing and storing data on historical and cultural heritage sites, discovered during archaeological works and the results of their research and preservation;

      2) collecting and systematizing information on individuals and legal entities, conducting archaeological works;

      3) providing assistance in the identification, research and preservation of historical and cultural heritage sites, discovered during archaeological works.

      3. The following shall be the sources for the formation of the unified automated information system for archaeological works:

      1) video, photo and printed records;

      2) printed and handwritten texts, containing information on historical and cultural heritage sites, discovered during archaeological works;

      3) archaeological site passports, conservation orders and decisions on the designation of their protected zones;

      4) dissertations, theses and reports on scientific and (or) scientific and technological activities;

      5) other materials, related to historical and cultural heritage sites, discovered during archaeological works.

      4. The Unified Automated Information System for Archaeological Works shall include:

      1) the register of historical and cultural heritage sites, identified during archaeological works;

      2) the register of persons, carrying out archaeological works;

      3) information on individuals and legal entities, responsible for the preservation of historical and cultural heritage sites, identified during archaeological works, in accordance with this Law;

      4) historical and cultural expert reports;

      5) data compiled from the sources, specified in paragraph 3 of this article.

Article 34-3. Archaeological Finds and Archaeological Materials

      1. All individual archaeological finds, obtained by individuals and legal entities of the Republic of Kazakhstan and other countries in the archaeological works in the territory of the Republic of Kazakhstan shall be transferred to state museums of the Republic of Kazakhstan in the procedure, established by the authorized body.

      2. All mass archaeological finds and archaeological materials, obtained by individuals and legal entities of the Republic of Kazakhstan and other countries in the archaeological works in the territory of the Republic of Kazakhstan shall be transferred for storage to the National Depository of mass archaeological finds and archaeological materials, determined by the Government of the Republic of Kazakhstan, and shall be included in the State Fund of mass archaeological finds and archaeological materials in the procedure, established by the authorized body.

      3. Archaeological finds shall be classified as individual or mass finds by the individual or legal entity that discovered them during the archaeological works.

      4. The National depository of mass archaeological finds and archaeological materials shall ensure the safety, storage, scientific research and use of the State Fund of mass archaeological finds and archaeological materials in the procedure, established by the authorized body.

      Individuals and legal entities shall be provided free and unrestricted access to the State Fund of mass archaeological finds and archaeological materials, subject to the laws of the Republic of Kazakhstan on copyright and related rights.

      5. Archaeological finds, discovered by individuals in the territory of the Republic of Kazakhstan outside of archaeological work shall be transferred to state museums of the Republic of Kazakhstan in the procedure, established by the authorized body.

Article 35. Discovery of treasure containing things related to cultural values

      1. If a treasure is found containing things related to cultural values, they shall be subject to transfer to the ownership of the Republic of Kazakhstan. The owner of the real estate in which such a treasure is discovered and the person who has discovered the treasure shall have the right, in accordance with Article 247 of the Civil Code of the Republic of Kazakhstan, to receive remuneration in the amount of fifty percent of the value of the treasure in equal shares, unless otherwise established by an agreement between them. In the event that a treasure containing things related to cult values is discovered on a land plot or in other real estate that belongs to the state, the person who has discovered the treasure shall be entitled to receive fifty percent of the value of this treasure.

      The value of the treasure shall be determined on the basis of a property appraisal report in accordance with the legislation of the Republic of Kazakhstan on appraisal activities.

      2. Payment of remuneration for the discovery of a treasure containing things related to cultural values shall be made from budgetary funds in accordance with the Budget Code of the Republic of Kazakhstan.

Article 36. Historical and cultural expertise

      1. The objects of historical and cultural expertise shall be:

      1) materials obtained as a result of unscheduled (preventive) archaeological works on land plots subject to development, substantiating the presence or absence of a threat to the existence of historical and cultural heritage sites;

      2) materials substantiating the inclusion of historical and cultural heritage sites in the state lists of monuments of history and culture;

      3) materials justifying the exclusion of historical and cultural monuments from the state lists of historical and cultural monuments;

      4) materials substantiating the inclusion of historical and cultural monuments in the preliminary list of the world cultural heritage of the Republic of Kazakhstan;

      5) materials substantiating the change in the category of the monument of history and culture, movement and change of the monument of history and culture.

      2. Historical and cultural expertise shall be conducted by individuals and legal entities, licensed to carry out scientific restoration works on historical and cultural monuments or to carry out archaeological works and holding a certificate of accreditation as a subject of scientific and (or) scientific-technological activity in accordance with the legislation of the Republic of Kazakhstan on science and technology policy.

      3. Historical and cultural expertise shall be carried out in the manner determined by the authorized body.

      4. A conclusion shall be issued, based on the results of the historical and cultural expertise.

      The conclusion of the historical and cultural expertise can be appealed to the authorized body or in court.

Article 37. Responsibility for violation of the legislation of the Republic of Kazakhstan on the protection and use of historical and cultural heritage sites

      Violation of the legislation of the Republic of Kazakhstan on the protection and use of historical and cultural heritage sites shall entail liability established by the laws of the Republic of Kazakhstan.

Article 38. Transitional provision

      Licenses for activities to carry out archaeological and (or) scientific restoration work of historical and cultural monuments, issued before the entry into force of this Law, shall be subject to renewal within three years after the entry into force of this Law in the manner prescribed by the legislation of the Republic of Kazakhstan.

Article 39. Enactment procedure for this Law

      1. This Law shall enter into force upon the expiration of ten calendar days after the day of its first official publication, with the exception of paragraph 2 of Article 12, which shall be enforced upon the expiration of six months after the day of its first official publication.

      2. The Law of the Republic of Kazakhstan dated July 2, 1992 "On the Protection and Use of Historical and Cultural Heritage Sites" shall be deemed to have lost force (Bulletin of the Supreme Council of the Republic of Kazakhstan, 1992, № 15, Article 363; 1995, № 20, article 120; Bulletin of the Parliament of the Republic of Kazakhstan, 2004, № 23, article 142; 2007, № 2, article 18; № 17, article 139; 2009, № 18, article 84; 2010, № 5, article 23; 2011, № 1, article 2; № 5, article 43; № 11, article 102; № 12, article 111; 2012, № 15, article 97; 2013, № 14, article 75; 2014, № 1, article 4; № 10, article 52; № 19-I, 19-II, article 96; № 23, article 143; 2015, № 19-ІІ, article 105; № 20-ІV, article 113; 2016, № 6, article 45; 2017, № 9, article 18; 2018, № 10, article 32).