ORDER OF THE MINISTER OF CULTURE AND INFORMATION OF THE REPUBLIC OF KAZAKHSTAN

of March 27, 2024 No. 108-HK

About modification of the order of the acting minister of culture and sport of the Republic of Kazakhstan of March 15, 2019 No. 64 "About approval of Rules of selection of the film projects applying for recognition by their national movies for rendering the state financial support on their production"

I ORDER:

1. Bring in the order of the acting minister of culture and sport of the Republic of Kazakhstan of March 15, 2019 No. 64 "About approval of Rules of selection of the film projects applying for recognition by their national movies for rendering the state financial support on their production" (it is registered in the Register of state registration of regulatory legal acts for No. 18405) the following change:

The rules of selection of the film projects applying for recognition by their national movies, for rendering the state financial support on their production, approved by the specified order to be reworded as follows according to appendix to this order.

2. To provide to committee of culture of the Ministry of Culture and information of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on official Internet resource of the Ministry of Culture and information of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan representation in Legal department of the Ministry of Culture and information of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Culture and Information of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

It is approved Ministry of Finance of the Republic of Kazakhstan

It is approved Ministry of national economy of the Republic of Kazakhstan

 

Appendix

to the Order of the Minister of Culture and Information of the Republic of Kazakhstan of March 27, 2024 No. 108-HK

Approved by the Order of the acting minister of culture and sport of the Republic of Kazakhstan of March 15, 2019 No. 64

Rules of selection of the film projects applying for recognition by their national movies for rendering the state financial support on their production

Chapter 1. General provisions

1. These rules of selection of the film projects applying for recognition by their national movies on their production (further – Rules) are developed for rendering the state financial support according to the subitem 5) of article 5 of the Law of the Republic of Kazakhstan "About cinematography" (further – the Law) and determine procedure for selection of the film projects applying for recognition by their national movies for rendering the state financial support on their production.

2. The basic concepts used in these rules:

1) the subject of cinema activities – the physical person which is subject of entrepreneurship which core activities are: production of the movie and (or) film chronicle, hire of the movie, display of the movie, recovery of the movie, maintenance of cinema hall, production of film materials, performance of works and rendering services in production of the movie, educational, scientific, research, publishing, advertizing and propaganda activities in the field of cinematography, storage of the movie; cinema organization;

2) the film project – set (packet) of documents and materials (the scenario, director's explication, the estimate on production of the movie, the calendar and production plan, the marketing plan, visual materials) based on which production and hire of the movie are performed;

3) the bid – the statement of subjects of cinema activities with appendix of necessary documents and materials according to requirements of Item 13 of these rules;

4) the applicant – the subject of cinema activities who submitted the application for receipt of the state support in type of financing of film projects according to these rules;

5) pitching – open protection of film projects for Advisory council;

6) Advisory council – advisory advisory body from among creative specialists, cultural workers and experts in the field of cinematography in consideration of film projects;

7) authorized body – the central executive body performing management and cross-industry coordination in the field of cinematography;

8) The state center of support of national cinema (further – the Center) – the single operator on provision of the state support in type of financing of the film projects applying for recognition by their national movies and national movies according to article 13 of the Law;

9) the realized projects are projects of the applicant or producer in the field of cinematography, production or coproduction of which was performed by the applicant or the producer.

Chapter 2. Procedure for selection of the film projects applying for recognition by their national movies for rendering the state financial support on their production

3. For rendering the state financial support to the film projects applying for recognition by their national movies including to the legal entity with absolute participation of the state in the authorized capital which main object of activity is production of movies in the amount of at least thirty five percent from the total amount of the annual amount of the state financial support, the authorized body till January 5 of the current year creates, claims and directs to the Center priority subjects to the forthcoming tender for selection of the film projects applying for recognition by their national movies (further – competitive selection) taking into account the priority directions of state policy of the Republic of Kazakhstan, documents of System of state planning in the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of November 29, 2017 No. 790 "About approval of System of state planning in the Republic of Kazakhstan" president's letters of the Republic of Kazakhstan.

4. The center within 2 (two) working days after receipt of priority subjects on the Internet resource places priority subjects on the forthcoming competitive selection.

5. The film projects applying for recognition by their national movies are considered in two stages.

At the first stage – consideration of scenarios (for game and animation movies) or scenario plans (for documentary and chronicle movies) film projects.

At the second stage – consideration of film projects.

6. The first stage of competitive selection consists from:

1) publications of the announcement of the beginning of competitive selection of scenarios or scenario plans of film projects on Internet resource of the Center;

2) reception of an application about consideration of scenarios or scenario plans of film projects;

3) considerations of scenarios or scenario plans of film projects.

7. The term of preparation of scenarios or scenario plans of film projects constitutes no more than 60 (sixty) calendar days from the date of placement of priority subjects on Internet resource of the Center.

8. The center for the expiration, the these rules specified in Item 7, on the Internet resource places the announcement of the beginning of competitive selection of scenarios or scenario plans of film projects.

The announcement of the beginning of competitive selection of scenarios or scenario plans of film projects contains data on terms, stages of its carrying out, the main conditions of competitive selection.

9. For participation in the first stage of competitive selection applicants no later than 5 (five) working days from the date of placement of the announcement of the beginning of competitive selection of scenarios or scenario plans of film projects, bring in the Center in electronic form:

1) the statement for consideration of scenarios or scenario plans of film projects for form according to appendix 1 to these rules;

2) the scenario in the PDF format on the fiction film, the scenario and the sketch of 2 (two) main characters in the PDF format on the animation movie, the scenario plan for documentary and chronicle movies;

3) the author's contract and (or) the provisional agreement between the applicant and the scriptwriter or the scenario plan with the copy of identity documents.

The applicant represents no more than 2 (two) scenarios by each type of the movie: fiction film, animation movie, documentary and chronicle movies.

The scenario on fiction and animation films is provided in the Center in language in which submission of the film project is planned.

10. The center within 1 (one) working day after completion of documents acceptance specified in Item 9 of these rules introduces the documents for consideration of Advisory council submitted by applicants. Scenarios or scenario plans are considered by members of Advisory council in sections by types of movies: fiction film, animation movie, documentary and chronicle movies.

11. The advisory council is considered by scenarios or scenario plans of film projects in time no more than 20 (twenty) working days on compliance:

1) to priority subjects;

2) concepts of the scenario or scenario plan of the film project;

3) to structure of plot;

4) to the principles of dramatic art;

5) technical study of the scenario or scenario plan of the film project;

6) disclosures of images and natures of characters and dialogues.

The conclusion of the first stage of competitive selection is drawn up by the protocol no more than 3 (three) working days from the date of completion of consideration of scenarios or scenario plans of film projects, with indication of motivated reasons about the compliance or discrepancy to requirements established by part one of this Item of Rules in time.

The center in time of no more than 3 (three) working days by e-mail specified in the statement notifies applicants on results of consideration and the beginning of documents acceptance of the following stage of competitive selection.

12. The second stage of competitive selection consists from:

1) acceptance and consideration of bids by Advisory council;

2) introduction of the conclusion by Advisory council following the results of pitching;

3) considerations of the conclusion of Advisory council by the Interdepartmental commission on questions of the state support in the field of cinematography (further – the Interdepartmental commission) and decision making about financing of film projects.

13. The applicants who received the positive decision on the first stage of competitive selection from the date of receipt of the notification in time no more than 15 (fifteen) working days provide the following documents for e-mail of the Center:

1) the statement in form according to appendix 2 to these rules;

2) the copy of the identity document, and the notice of registration of the individual entrepreneur for physical person or the certificate of state registration (re-registration) for the legal entity;

3) film project;

4) summary of the film project;

5) copies of contracts with structure of film crew of the movie (producer, director-directors) and copies of their identity documents;

6) the statement from office of the taxpayer with data of main type of economic activity of the applicant;

7) for film projects of coproduction with foreign or Kazakhstan subjects of cinema activities the provisional agreement or the contract on coproduction of the movie with obligatory specifying of share of participation of each co-producer in production of the film project with all supplementary agreements for date of submission of the bid, and also the financial plan of production is in addition provided;

8) the estimate on production of the film project according to Rules of financing of the film projects applying for recognition by their national movies approved by the order of the Minister for Culture and Sports of the Republic of Kazakhstan of May 17, 2019 No. 140 "About approval of Rules of financing and standard rates of the amounts of financing of production of the film projects applying for recognition by their national movies" (it is registered in the Register of state registration of regulatory legal acts at No. 18697);

9) the data on availability of the realized projects the applicant or the producer in the field of cinematography provided in form according to appendix 3 to these rules;

10) data on lack (availability) of tax debt no more than in 3 (three) working days prior to date of submission of the bid.

Requirements of the subitem 9) of Item 13 of these rules do not extend to debut movies.

14. It is necessary for applicants for participation in competitive selection:

1) to have legal capacity (for legal entities), civil capacity to act (for physical persons);

2) not to have the tax debt exceeding the sixfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget;

3) not to be subject to insolvency proceeding or liquidation (data are checked by the Center).

15. Bids are accepted and considered by the Center on compliance to requirements, stipulated in Item 13 these rules.

The bids which arrived after the expiration of acceptance of tender bids return to the applicant without consideration.

In case of representation of incomplete document package in time no later than 5 (five) working days from the date of completion of acceptance of tender bids the Center directs to the applicant to e-mail specified in the statement, the notification on need of reduction of the bid in compliance with Item 13 of these rules.

The applicant provides the modifed bid and the list of documents according to the notification, within 3 (three) working days from the date of its obtaining.

In case of repeated discrepancy of the bid to Item 13 of these rules on the expiration of 3 (three) working days from the date of departure of the notification, the Center returns the bid to the applicant.

The bids corresponding to Item 13 of these rules go within 10 (ten) working days after completion of term of acceptance of tender bids by the Center for consideration of Advisory council.

16. The center after the direction of bids to Advisory council, in time no later than 5 (five) working days about day of carrying out pitching notifies applicants whose bids correspond to Item 13 of these rules, about date, time and the venue of pitching by means of call on numbers of contact telephone numbers and (or) the directions of the message on e-mail specified in the statement and also places the corresponding announcement on Internet resource of the Center.

17. The Pitching is carried out on the principles of openness, transparency and take place in the mode of online broadcastings on Internet resource and official accounts in social networks of the Center.

18. On pitching protection of film projects with the purpose of acquaintance and their consideration regarding compliance to the bases, stipulated in Item 1 article 14 of the Law is performed.

Following the results of pitching the Advisory council takes out the corresponding conclusion on each film project with reasons about compliance or discrepancy to their bases, stipulated in Item 1 article 14 of the Law. Results of pitching are drawn up by the protocol and is signed by his members.

Results of pitching in time no more than 3 (three) working days from the date of signing of the protocol of pitching are placed on Internet resource of the Center.

19. The conclusion of Advisory council is introduced by the Center within 3 (three) working days from the date of its signing for consideration of the Interdepartmental commission.

The decision of the Interdepartmental commission is made by open voting and are considered accepted if for them the majority of votes from total quantity of the members of the Interdepartmental commission who took part at meeting is given. Members of the Interdepartmental commission in case of decision making have equal voices. In case of equality of votes the voice of the chairman is decisive. The meeting is considered competent if at it there are at least two thirds about total number of members of the Interdepartmental commission.

The meeting of the Interdepartmental commission is held no more than 5 (five) working days after receipt of the conclusion of Advisory council in time. The decision of the Interdepartmental commission is drawn up by the protocol and signed by his members.

20. The center from the date of holding meeting of the Interdepartmental commission in time no more than 3 (three) working days makes recommendations of the Interdepartmental commission in authorized body.

21. In case of allocation of additional budgetary funds for the new Center film projects within 30 (thirty) working days announces additional competitive selection according to the procedure, established by these rules.

Appendix 1

to Rules of selection of the film projects applying for recognition by their national movies for rendering the state financial support on their production

Form

The statement for consideration of scenarios or scenario plans of film projects

I ask to consider the scenario (for game and animation movies) or the scenario plan (for documentary and chronicle movies):
_____________________________________________________________
                                  (name)

Movie type: ___________________________________________________

Category of the movie ("socially important movies", "debut movies", "movies of event") according to the order of the acting minister of culture and sport of the Republic of Kazakhstan of March 15, 2019 No. 63 "About determination of criteria of reference of movies to categories for establishment of the amount of financing of the film projects applying for recognition by their national movies" (it is registered in the Register of state registration of regulatory legal acts at No. 18406) ____________________

Priority subject: ______________________________________________

Film company/author of the film project: _________________________________

Producer(s): ___________________________________________________

Author(s) of the scenario: ______________________________________________

Applicant's details

_______________________________________________________________
    (legal address, postal index, e-mail, phones)

_______________________________________________________________
         (for the legal entity – business and identification number;

for physical person – individual identification number).

Signing this application __________________________ gives the
                                                             (name of the applicant)

consent according to the Law of the Republic of Kazakhstan "About personal data and their protection" on collection, processing of the personal data specified in the statement, or their transfer to the third parties and also guarantees that in case of filing of application received consent from all physical persons specified in the statement to collection, processing of their personal data or their transfer to the NAO "The state center of support of national cinema".

Date of filing of application: __________

Surname, name, middle name (in case of its availability) the applicant

_______________________________________________________________

Signature ______________

The locus sigilli (in case of its availability)

Appendix 2

to Rules of selection of the film projects applying for recognition by their national movies for rendering the state financial support on their production

Form

The statement on participation in selection of the film projects applying for recognition by their national movies

For the purpose of selection of the film projects applying for recognition by their national movies I ask

consider following кинопроект:___________________________________________________________
                                                                          (name of the film project)

Movie type: ___________________________________________________

Category of the movie ("socially important movies", "debut movies", "movies of event") according to the order of the acting minister of culture and sport of the Republic of Kazakhstan of March 15, 2019 No. 63 "About determination of criteria of reference of movies to categories for establishment of the amount of financing of the film projects applying for recognition by their national movies" (it is registered in the Register of state registration of regulatory legal acts at No. 18406) ____________________

Priority subject: ______________________________________________

Film company/author of the film project: _________________________________

Producer(s): ___________________________________________________

The director(s) - the director(s): _____________________________________

Author(s) of the scenario: ______________________________________________

Terms of implementation of the film project

Period	Preparatory period		Film-making period	Mounting тонировочный period	Distribution *
	Initial stage	Final stage
From
To

* The applicant carries out all works on distribution of the movie by extrabudgetary funds.

Production

Format
Timing, minutes
Venues of shootings
Number of film-making days

Marketing and sale

Age classification of movies
Types of displays (film theatrical, striming, television, festival)
Audience scope (number of the viewers)
Expected income

Production financing sources

Financing	Amount, tenge.	Organization
The required amount at non-commercial joint-stock company "State Center of Support of National Cinema"
Own means of the producer
Gratuitously the raised funds
Credit / borrowed funds
The returned raised funds
Earlier got state support from the Ministry of Culture and information of the Republic of Kazakhstan, on this film project
Total

The list of the documents and materials enclosed to the application according to Item 13 of Rules of selection of the film projects applying for recognition by their national movies for rendering the state financial support on their production:

1. _____________________________________________________________

2. _____________________________________________________________

Applicant's details

_______________________________________________________________
   (legal address, postal index, e-mail, phones)

_______________________________________________________________
      (for the legal entity – business and identification number;

for physical person – individual identification number).

Signing this application __________________________ gives the
                                                          (name of the applicant)

consent according to the Law of the Republic of Kazakhstan "About personal data and their protection" on collection, processing of the personal data specified in the statement, or their transfer to the third parties and also guarantees that in case of filing of application received consent from all physical persons specified in the statement to collection, processing of their personal data or their transfer to the NAO "The state center of support of national cinema"

Date of filing of application: __________

Surname, name, middle name (in case of its availability) the applicant

_______________________________________________________________

Signature ______________

The locus sigilli (in case of its availability)

Appendix 3

to Rules of selection of the film projects applying for recognition by their national movies for rendering the state financial support on their production

Form

Data on availability of the projects realized by the applicant or the producer * in the field of cinematography

1. Name проекта___________________________________________

2. Year of release _______________________________________________

3. Summary of the _________________________________________ project

4. By request _________________________________________________
        (only for the projects realized for the government budget)

5. Authors проекта:____________________________________________
  (producers, production director, director of photography, art director)

6. Hire and display проекта:_______________________________________
               (specify where and when hire and display of the project was performed)

7. Poster (in the presence).

8. Reference to the project (surely) ________________________________
    (on each realized project this appendix is filled separately).

* Note: At the producer to specify at least 2 (two) realized film projects.

Signing this application __________________________ gives the
                                                        (name of the applicant)

consent according to the Law of the Republic of Kazakhstan "About personal data and their protection" on collection, processing of the personal data specified in the statement, or their transfer to the third parties and also guarantees that in case of filing of application received consent from all physical persons specified in the statement to collection, processing of their personal data or their transfer to the NAO "The state center of support of national cinema"

Date of filing of application: __________

Surname, name, middle name (in case of its availability) the applicant

_______________________________________________________________

Signature ______________

The locus sigilli (in case of its availability)

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