On National Archival Fund and Archives

The Law of the Republic of Kazakhstan dated 22 December, 1998 No. 326-1

Unofficial translation

      Footnote. Title, as amended by the Law of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005).

      This Law regulates the social relations in the field of formation, storage and use of the documents of the National Archival Fund of the Republic of Kazakhstan and of the state management in keeping archive in the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. Basic definitions, used in this Law

      The following basic definitions are used this Law:
      1) keeping archive - sphere of activity of individuals and legal entities, related to the formation of the National Archival Fund, formation of archives, archival funds and collections, organizing their storage and use;
      2) archive document - the document that is stored or subject to storage due to its importance for society, as well as having a value to the owner;
      3) archive – a aggregation of archive documents, as well as archival institution or structural unit of an institution, organization or enterprise, that receives and stores the archive documents in the interests of users;
      4) archival fonds - a aggregation of documents, that are historically or logically interconnected;
      5) archive collection - a aggregation of documents, generated during the activities of the fond formers and grouped by one or more attributes;
      6) departmental archives - an institution or a structural unit of the public legal entity, exercising collection, temporary storage and use of the documents of the National Archival Fund, as well as the documents that are not included in its composition;
      7) state archives - state institution being vested a right of collection (acquisition), permanent storage and organization of using of the documents of the National Archival fund;
      8) State insurance fund of copies of documents - a aggregation of insurance copies of the documents of the National Archival Fund, having the continuing importance to the state and irreplaceable in their loss;
      9) document – the information, fixed in a tangible medium and allowing to identify it;
      10) (is excluded).
      11) National Archive Fund - a consolidation of all archives, archival funds and collections, documentary monuments, documents of particular historical, scientific, social, economic, political or cultural significance which are recognized in accordance with the law as a national value;
      12) an official document - a document, created by an individual or a legal entity, and executed and certified in established order;
      13) authorized body - the central state body for archives and records administration;
      14) private archive - an institution or a structural unit of the non-state legal entity, performing collection, storage, use of the documents of the National Archival Fund, as well as the documents that are not included in its composition, or archive of an individual, arising from his (her) activities, collection (acquisition) of documents;
      15) special state archives – an archival body or a structural unit of the state body of the Republic of Kazakhstan, specified in paragraph 1 of Article 22 of this Law;
      16) personnel documents - a set of documents, confirming the employee’s work activity and the information about the transfers of money on their pension benefits;
      17) user of archive documents – an individual or a legal entity, applying to archive documents to obtain information in order to use it.
      Footnote. Article 1, as amended by the Laws of the Republic of Kazakhstan dated 10.11.2001 No. 256; dated 20.12.2004 No. 13 (shall be enforced from 1 January 2005); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 2. National Archival Fund of the Republic of Kazakhstan and archive-keeping

      1. The National Archival Fund of the Republic of Kazakhstan (hereinafter - the National Archival Fund) is an integral part of the historical and cultural heritage of the people of Kazakhstan and protected by the state as a national treasure of the Republic of Kazakhstan.
      2. The National Archival Fund also includes archival documents, stored outside the Republic of Kazakhstan and returnable to the Republic of Kazakhstan in accordance with the international agreements.
      3. The National Archival Fund serves the needs of society and the state, exercise the rights and legitimate interests of citizens.
      4. The state takes care of the development and improvement of keeping archive. Saving the documents of the National Archival Fund shall be obligation of all individuals and legal entities.

Article 3. Legislation of the Republic of Kazakhstan on the National Archival Fund and Archives

      Legislation of the Republic of Kazakhstan on the National Archive Fund and Archives 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.

Chapter 2. National Archival Fund

Article 4. Composition of the National Archival Fund

      1. The National Archival Fund includes:
      1) legislative acts and other official documents;
      2) management, scientific and research, design, technology, patent-licensing, cartographic, geodetic, geological, telemetry and other special documentation;
      3) electronic information resources, computer-oriented and audiovisual documentation;
      4) documentary monuments of history and culture;
      5) personal documents and other documents, representing the national value;
      6) other documents, submitted to the ownership of the Republic of Kazakhstan;
      7) insurance copies of documents.
      2. Procedure of referring the documents to the composition of the National Archival Fund, record and their storage organization are established by this Law and the provisions of the National Archival Fund, the State Insurance Fund of copies of the documents, approved by the Government of the Republic of Kazakhstan.
      Footnote. Article 4, as amended by the Law of the Republic of Kazakhstan dated 15.07.2010 No. 337-IV (the order of enforcement see Art. 2).

Article 5. Bases for formation, the sources for replenishment of the National Archival Fund

      1. The basis for formation of the National Archival Fund shall be documents of the central state archives of the Republic of Kazakhstan, the Archive of the President of the Republic of Kazakhstan, the state archives of the cities of republican significance and the capital of the Republic of Kazakhstan, the state archives of regions, cities, districts and their branches, the special state archives, libraries and museums.
      2. The sources for replenishment of the National Archival Fund shall be:
      1) departmental archives of the Administration of the President of the Republic of Kazakhstan, the Parliament and local representative bodies, the Constitutional Council, the Government, the central and local executive bodies, courts, prosecutor authorities, and other state legal entities of the Republic of Kazakhstan, including those residing abroad;
      2) private archives.
      3. The National Archival Fund may also be replenished by gifts, wills, purchase of archival documents, owned by individuals and non-state legal entities of the Republic of Kazakhstan, as well as other states.
      4. State takes measures to return the documents of historical heritage of the Republic of Kazakhstan, found to be outside its territory, promotes and finances the search and return to homeland of the documents, collected and historically associated with the Republic of Kazakhstan.
      Footnote. Article 5, as amended – by the Law of the Republic of Kazakhstan dated 10 November, 2001 No. 256; the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January 2005).

Article 6. Procedure for referring the documents, archives, archival funds and collections to the composition of the National Archival Fund, establishing the sources of its formation and replenishment

      Footnote. Title, as amended by the Law of the Republic of Kazakhstan dated 04.06.2009 No. 162-IV (the order of enforcement see Article 2).

      1. Classification of documents, archives, archival funds and collections to the composition of the National Archival Fund, establishing sources of its formation and replenishment, as well as their exclusion from the composition of the National Archival Fund shall be made on the basis of the state examination of the value of documents. The criteria for evaluation of documents shall be their origin, content, external features.
      2. State examination of the value of documents is conducted by the Central expert review commission, formed by the authorized body, and (or) the expert review commission, formed by the local executive bodies of regions (the city of republican significance, the capital).
      3. The authorized body based on the conclusion of the expert review commission, shall:
      1) approve the list of sources for formation and replenishment of the National Archival Fund, agreed with the relevant executive bodies;
      2) decide on referring the documents, archives, archival funds and collections to the composition of the National Archival Fund, as well as their exclusion from its composition. Exclusion from the composition of the National Archival Fund for political and ideological reasons is prohibited;
      3) establish the terms of storage and order for the destruction of documents that do not have historical or other value, and those that lost practical value.
      4. It is not allowed the destruction of documents of the organizations- the sources for formation and replenishment of the National Archival Fund, that are:
      1) in the republican ownership, without the consent of the authorized body;
      2) in the communal property, without the consent of the local executive body of the region (the city of republican significance, the capital);
      3) in private property, without consent of the authorized body or the local executive body of the region (the city of republican significance, the capital), depending on the location of the archive.
      Footnote. Article 6, as amended by the Laws of the Republic of Kazakhstan dated 10.11.2001 No. 256; dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 04.06.2009 No. 162-IV (the order of enforcement see Article 2).

Article 7. Guarantees and protection of property rights on the documents of the National Archival Fund

      1. Documents of the National Archival Fund shall be in state and private property.
      2. As the state-owned documents shall be referred:
      1) the documents in the republican property, stored in the Central state archives of the Republic of Kazakhstan and their branches, including those created before 1917, special state archives, public libraries and museums, the State Insurance Fund of copies of documents, and the documents formed and resulted of the activities of the President, Parliament, Government, the central executive bodies, the Supreme Court, the General Prosecutor’s Office, the National Bank of the Republic of Kazakhstan and other state republican legal entities;
      2) the documents in communal property, stored in the regional (the city of republican significance, the capital), city, district state archives and their branches, formed and resulted of the activities of local government and self-government, courts, prosecutor authorities, public utilities and other state legal entities.
      3. The private ownership includes the documents of individuals, non-state legal entities and their associations, formed as a result of their activities or collection (acquisition).
      4. The authorized body shall be entitled to possess and use the documents of the National Archival Fund, that are owned by the state, within the limits, established by the legislation of the Republic of Kazakhstan.
      5. Archive document may be withdrawn without the consent of the owner only on the basis of a court decision. At withdrawal of the originals of archive documents for forensic investigation, their duplicates or copies shall be given to the owners. After the judicial (investigative) trial, the original documents shall be returned to the owners.
      6. Documents of the National Archive Fund, owned by the state, cannot be subject to denationalization and privatization, purchase and sale, exchange or gift, in other words subject to the transactions involving the transfer of ownership, as well as cannot be exported to permanent storage in other states.
      7. Documents of the National Archive Fund, that are in private ownership, may be the object of purchase and sale, exchange or gift, as well as may be taken out of the Republic of Kazakhstan only after the prior written consent of the owner with the authorized body, and subject to the delivery of duplicates or copies of these documents for permanent storage in the State Archive.
      8. Transfer of the ownership to the state on the documents of individuals and non-state legal entities shall be made ??by agreement of the parties. Individuals can set term limits of access to them for no more than 70 years since the transfer to the archive.
      Footnote. Article 7, as amended – by the Law of the Republic of Kazakhstan dated 10 November, 2001 No. 256; dated 20 December, 2004 No. 13 (shall be enforced from 1 January 2005).

Article 8. Ownership of archive documents in reorganization or liquidation of legal entities

      1. Upon privatization of state organizations the documents of the National Archival Fund, created before privatization, shall retain the status of state property, except otherwise provided by the legislation of the Republic of Kazakhstan.
      2. Archives of state entities, transferred to the administration of foreign companies or individuals, shall retain the status of state property and must be returned to the state.
      3. Upon reorganization of legal entities, the documents of the National Archival Fund and on the personnel shall be transferred to successors in the processed form.
      4. Upon liquidation of legal entities a decision on the further place for storage of documents of the National Archival Fund and the personnel shall be taken by the liquidation commission or bankruptcy manager in agreement with the authorized body.
      Footnote. Article 8, as amended by the Laws of the Republic of Kazakhstan dated 10.11.2001 No. 256; dated 07.03.2014 No. 177-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 3. State registration, storage, preservation, transfer to permanent storage of documents of the National Archival Fund

Article 9. State record-keeping of documents of the National Archival Fund

      1. Documents of the National Archive Fund, regardless of their form of ownership, shall be subject to the centralized state registration.
      2. Legal entities, engaged in storage of documents of the National Archival Fund, shall keep records of data on the composition of the documents in the order, established by the authorized body, and represent these data to the local executive body of the region (the city of republican significance, the capital).
      Footnote. Article 9, as amended – by the Law of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January 2005).

Article 10. Code (Catalog) of data on the composition and content of documents of the National Archival Fund and the sources of replenishment

      1. Authorized body shall keep the Code (Catalog) of data on the composition and content of the documents of the National Archival Fund and the sources of replenishment.
      2. Authorized body shall ensure the availability and use of information of the Code (Catalog) of data on the composition and content of the documents of the National Archival Fund to meet the needs of state bodies, individuals and legal entities, except as provided for in Article 16 of this Law.

Article 11. Storage of documents of the National Archival Fund

      1. Documents of the National Archival Fund, owned by the state, shall pass a stage of temporary storage in the departmental archives, and then shall be transferred to the appropriate state archives of the Republic of Kazakhstan and their branches, which granted the exclusive right to permanent storage of documents of the National Archival Fund.
      2. Chain of state archives and their branches, engaged in permanent storage of documents of the National Archival Fund, shall be approved by the Government of the Republic of Kazakhstan or by the regional (the city of republican significance, the capital) executive bodies.
      3. Individuals and legal entities shall establish departmental and private archives for collection, storage and use of documents of the National Archival Fund.
      4. Obligation for storage and use of documents of the National Archival Fund, that are in private ownership, shall be recorded in the agreements, signed by the owners and by the authorized body.
      5. Compilation of private archives by the originals of official documents of the National Archival Fund that are in public property is prohibited.
      6. Is excluded by the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).
      Footnote. Article 11, as amended by the Laws of the Republic of Kazakhstan dated 10.11.2001 No. 256; dated 20.12.2004 No. 13 (shall be enforced from 1 January 2005); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).

Article 12. Preservation of documents of the National Archival Fund

      1. Owners of documents of the National Archival Fund must ensure the safety and the creation of insurance copies.
      2. Documents of the National Archival Fund (state-owned), as well as buildings, facilities and equipment of the state archives and their branches shall not be subject to alienation.
      3. Archival funds, archive collections, and their parts can be classified in accordance with the procedure established by the law as the objects of historical and cultural heritage of the Republic of Kazakhstan and included in the list of monuments of history and culture.
      Footnote. Article 12, as amended by the Laws of the Republic of Kazakhstan dated 10.11.2001 No. 256; dated 01.03.2011 No. 414-IV (shall be enforced from the date of first publication).

Article 13. Transfer of documents of the National Archival Fund for permanent storage

      1. Documents of the National Archival Fund, owned by the state, after the storage time in the departmental archives shall be transferred for permanent storage in the state archives.
      1-1. Processing and transfer of documents of the National Archival Fund shall be made ??by the forces and funds of legal entities, transferring documents in archives, in accordance with the rules approved by the authorized body.
      2. (Paragraph 2 is excluded – No. 256 dated 10.11.2001).
      3. Transfer of documents of the National Archival Fund, owned by the state, for permanent storage in the other states shall be made in exceptional cases by the authorized body under the decision of the Government of the Republic of Kazakhstan.
      Footnote. Article 13, as amended – by the Law of the Republic of Kazakhstan dated 10 November, 2001 No. 256; dated 20 December, 2004 No. 13 (shall be enforced from 1 January 2005).

Chapter 4. Using of documents of the National Archival Fund

Article 14. Procedure for the use of documents of the National Archival Fund

      1. Is excluded by the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).
      2. Procedure for the use of documents of the National Archival Fund, stored in departmental and private archives, is determined the authorized body.
      Footnote. Article 14, as amended by the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).

Article 15. Guarantees of the rights and interests of individuals and legal entities to use documents of the National Archival Fund

      1. Information, contained in archive documents that are in public property, is protected by the legislation of the Republic of Kazakhstan as the intellectual property of the state.
      2. Documents that are in the state archives of the Republic of Kazakhstan and their branches, as well as information system to them are opened for public use in a year after their arrival in the state archives and branches.
      3. Use of documents of the National Archival Fund that are in private ownership is carried out only with the consent of the owner.
      4. Individuals and legal entities of the Republic of Kazakhstan have free access to documents of the National Archival Fund, stored in the state and departmental archives and their branches and opened for use. Restriction to use the documents by certain categories of individuals and legal entities is established by Article 16 of this Law.
      5. State, departmental and private archives are obliged to issue to individuals and legal entities on the basis of documents, an archive letter of verification they need to protect the rights and legitimate interests.
      Individuals and legal entities are entitled to receive certified copies and archival extracts from archive document. Copies and extracts, issued by state archives and their branches, departmental and private archives, are the official documents, legally operative as originals.
      Footnote. Article 15, as amended – by the Law of the Republic of Kazakhstan dated 10 November, 2001 No. 256.

Article 16. Restrictions in the use of documents of the National Archival Fund

      1. Restrictions in the use of documents of the National Archival Fund, containing the state secrets and non-state secrets, the order of their declassification and provision for public use are determined by the legislation of the Republic of Kazakhstan.
      2. The use of documents by minors, as well as by persons, recognized as incapable or partially incapacitated by a court, is prohibited.
      3. Using of archive documents, which preserves the right of owners to restrict access, is possible only with their consent or the consent of their successors (heirs).

Article 16-1. Responsibilities of the users of documents of the National Archival Fund

      Users of documents of the National Archival Fund shall:
      1) ensure the preservation of the documents used;
      2) prevent distortion and falsification of the text of documents used;
      3) when publishing documents, indicate the place of their storage and its owner.
      Footnote. It is supplemented by Article 16-1 – by the Law of the Republic of Kazakhstan dated 10 November, 2001 No. 256.

Article 17. Using of documents of the National Archival Fund for commercial purposes

      1. State and departmental archives, maintained by budgetary funds, have the right to sell the goods (works, services), not related to their main activity, the payment for which is not binding and is determined by agreement with the individuals and legal entities.
      2. In commercial use of documents, the ownership right on them is preserved for their owner.
      Footnote. Article 17, as amended by the Laws of the Republic of Kazakhstan dated 10 November 2001 No. 256; dated 20 December, 2004 No. 13 (shall be enforced from 1 January 2005); dated 5 July, 2006 No. 165 (the order of enforcement see Article 2); dated 8 May, 2007 No. 247 (shall be enforced from the day of its official publication).

Chapter 5. State regulation and administration of archive-keeping

Article 18. State regulation of archive-keeping

      2. The issues of state regulation of keeping archive, carried out by the authorized body shall be:
      1) the implementation of a unified state policy in the keeping archive and document-keeping;
      2) the adoption of the rules for issuing the documents of the National Archival Fund;
      2-1) the adoption of the rules of acquisition, storage, accounting and use of documents of National Archive Fund, other archival documents of state and special state archives;
      2-2) the adoption of standard rules of documentation and record management in state and non-state organizations;
      2-3) the adoption of the list of standard documents, appeared in the activity of state and non-state organizations, including the expiration date of storage;
      2-4) the adoption of the admission regulations, storage, accounting and use of documents of the National Archive Fund and other archival documents by departmental and private archives;
      3) the approval of regulations on the Central expert review commission and expert review commissions of the central state and special state archives;
      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) the development and approval of the forms of compulsory departmental reporting, checklists, risk assessment criteria, semi-annual audit plans in accordance with the Law of the Republic of Kazakhstan “On State Control and Supervision in the Republic of Kazakhstan”;
      6) the apostilization of archival letters of verifications and copies of archive documents, issued by the state archives of the Republic of Kazakhstan;
      7) the establishment of an information network and a database on the documents of the National Archival Fund;
      8) 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);
      9) the organization of development and implementation of automated archival technologies;
      10) the organization of issuing the documents of the National Archival Fund, as well as the use of documents to meet the needs of the state, society and citizens;
      11) the formation and functioning of the National Archival Fund and the State Insurance Fund of copies of documents, the provision of the centralized state registration of documents of the National Archival Fund;
      12) the protection of documentary monuments of history and culture, owned by the republic, their storage and use;
      13) the collection and return to the Republic of Kazakhstan of the archive documents on its history, located overseas;
      14) 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);
      15) the methodological guidance and coordination of activities of the bodies for administration and maintenance of keeping archive;
      16) the intersectoral organizational and methodological guidance of the issues of records management and monitoring of the condition of records management and document storage;
      17) the control in the field of keeping archive for compliance with the requirements of this Law, resolutions of the Government of the Republic of Kazakhstan;
      18) the representation of the Republic of Kazakhstan in the international organizations on archive-keeping;
      19) the exercise of other powers, stipulated by the laws of the Republic of Kazakhstan, the decrees of the President of the Republic of Kazakhstan and the resolutions of the Government of the Republic of Kazakhstan.
      3. The issues of state regulation of relations and administration of archive-keeping, carried out by the local executive body of the region, the city of republican significance and the capital shall be:
      1) the implementation of a unified state policy in keeping archive and document-keeping on the territory of the region, the city of republican significance and the capital;
      2) the organization of storage, compilation and use of documents of the National Archival Fund, adopted for storage, and documents of the state archives of the regions, the city of republican significance and the capital;
      3) the conducting of state registration and preservation of documents of the National Archival Fund, stored in the state archives of the regions, the city of republican significance and the capital;
      4) the protection of documentary monuments of history and culture that are in communal ownership, their storage and use;
      5) 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);
      6) the organization of expertise for scientific and practical value of documents;
      7) the development of a database on the documents of the National Archival Fund, stored in the state archives of the region, the city of republican significance and the capital;
      8) organizational and methodological guidance and monitoring the condition of records management, storage of documents in organizations - the sources of replenishment of the National Archival Fund, located on the territory of the region, the city of republican significance and the capital;
      9) the organization of execution of requests of individuals and legal entities;
      10) the approval of provisions on expert review commission;
      11) the use of documents of the National Archival Fund to meet the needs of the state, individuals and legal entities;
      12) the collection and return of archive documents on the history of the region, the city of republican significance and the capital;
      13) the exercise, in favor of the local state administration, of other powers, assigned to the local executive bodies by the legislation of the Republic of Kazakhstan.
      Footnote. Article 18 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); as amended by the Laws 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); 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).

Article 18-1. State control over the preservation of documents related to the composition of the National Archival Fund and stored in private archives

      1. The State control over the preservation of documents related to the composition of the National Archival Fund and stored in private archives shall be carried out in the form of checks and other forms.
       2. Check is 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 state control are carried out in accordance with this Law.
      Footnote. Article 18-1 is in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the 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 19. State administration of archive-keeping

      1. State administration of archive-keeping is carried out by the authorized body and the local executive bodies of regions (the city of republican significance, the capital).
      2. Instructions of the authorized body shall be binding for individuals and legal entities.
      3. (Is excluded).
      Footnote. Article 19, as amended – by the Law of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January 2005).

Article 20. System of the bodies of administration and maintenance of archive-keeping in the Republic of Kazakhstan

      The system of the bodies of administration and maintenance of keeping archive shall include:
      1) the authorized body, local executive bodies of regions (the city of republican significance, the capital);
      2) archival institutions: the Central state archives of the Republic of Kazakhstan, the central state archives of the cities of republican significance and the capital of the Republic of Kazakhstan, the state archives of regions, cities, districts and their branches.
      Footnote. Article 20, as amended – by the Law of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January 2005).

Article 21. Funding and logistical support of the bodies of administration and maintenance of archive-keeping

      Funding and logistical support of the authorized body of the Republic of Kazakhstan, the local executive bodies of regions (the city of republican significance, capital), archival institutions of their system are carried out at the expense of the budget.
      Footnote. Article 21, as amended – by the Law of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January 2005).

Article 22. Special state archives of the Republic of Kazakhstan

      1. The special state archives can be created for the purposes of national security at the Ministry of Defence of the Republic of Kazakhstan, the National Security Committee of the Republic of Kazakhstan, the authorized body in the area of ??foreign intelligence, the Ministry of Internal Affairs of the Republic of Kazakhstan, the State Security Service of the Republic of Kazakhstan and the Agency of the Republic of Kazakhstan on the issues of state service and anti-corruption, Government Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan can create special state archives.
      2. Creation of the special state archives is carried out by the act of the President of the Republic of Kazakhstan.
      3. State bodies of the Republic of Kazakhstan, where in accordance with this Law the special state archives created, shall be entitled to collect (acquire), permanently store and use the archive documents, relating to their activities.
      4. The order of activity of the special state archives of the state bodies of the Republic of Kazakhstan is determined by regulatory legal acts.
      Footnote. Article 22, as amended by the Laws of the Republic of Kazakhstan dated 08.05.2003 No. 413; dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 27.05.2010 No. 279-IV (the order of enforcement see Art. 2); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication), dated 04.07.2014 No 233-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.11.2014, No 248-V (shall be enforced upon expiry of ten calendar days after its first official publication)

Chapter 6. International cooperation

Article 23. International relations and contacts

      1. Individuals and legal entities - owners of the documents of the National Archival Fund may establish and maintain international relations and direct contacts.
      2. State shall promote the expansion of contacts between archival institutions of the Republic of Kazakhstan and other countries in the mutual use of the available archive documents, if it does not harm the interests of the Republic of Kazakhstan.

Article 24. International treaties

      If an international treaty ratified by the Republic of Kazakhstan stipulates norms other than those contained in the legislation of the Republic of Kazakhstan on keeping archive, the rules of the international treaty shall apply.

Article 25. The right of access to the archives of foreigners and stateless persons

      1. Foreigners and stateless persons shall use the archive documents on the same basis, as citizens of the Republic of Kazakhstan.
      2. Laws of the Republic of Kazakhstan may establish restrictions for citizens of those states that provide for restriction of access of the citizens of the Republic of Kazakhstan to their archives.

Article 26. Export of documents of the National Archival Fund outside the Republic of Kazakhstan

      1. Export of documents of the National Archival Fund, owned by the state, outside the Republic of Kazakhstan is prohibited.
      2. Authorized body of the Republic of Kazakhstan shall have the right to permit temporary export of documents of the National Archival Fund, owned by the state, outside the Republic of Kazakhstan in accordance with the procedure, approved by the Government of the Republic of Kazakhstan.

Chapter 7. Final Provisions

Article 27. Responsibility for violation of the legislation of the Republic of Kazakhstan on the National Archival Fund and archives

      1. Individuals and legal entities, guilty of violating the legislation on archive-keeping, shall be liable in accordance with the laws of the Republic of Kazakhstan.
      2. Damage to the National Archival Fund shall be compensated in accordance with the legislation of the Republic of Kazakhstan.
      Footnote. Article 27, as amended by the Law of the Republic of Kazakhstan dated 04.06.2009 No. 162-IV (the order of enforcement see Art. 2).

      The President
      of the Republic of Kazakhstan