LAW OF THE REPUBLIC OF KAZAKHSTAN

of October 11, 2011 No. 484-IV ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning religious activities and religious associations

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of the Republic of Kazakhstan about administrative offenses of January 30, 2001 (The sheet of Parliament of the Republic of Kazakhstan, 2001, No. 5-6, of Art. 24; No. 17-18, of Art. 241; No. 21-22, of Art. 281; 2002, No. 4, Art. 33; No. 17, Art. 155; 2003, No. 1-2, of Art. 3; No. 4, Art. 25; No. 5, Art. 30; No. 11, Art. 56, 64, 68; No. 14, Art. 109; No. 15, Art. 122, 139; No. 18, Art. 142; No. 21-22, of Art. 160; No. 23, Art. 171; 2004, No. 6, Art. 42; No. 10, Art. 55; No. 15, Art. 86; No. 17, Art. 97; No. 23, Art. 139, 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 7-8, of Art. 19; No. 9, Art. 26; No. 13, Art. 53; No. 14, Art. 58; No. 17-18, of Art. 72; No. 21-22, of the Art. 86, 87; No. 23, Art. 104; 2006, No. 1, Art. 5; No. 2, Art. 19, 20; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72, 77; No. 13, Art. 85, 86; No. 15, Art. 92, 9.5; No. 16, Art. 98, 102; No. 23, Art. 141; 2007, No. 1, Art. 4; No. 2, Art. 16, 18; No. 3, Art. 20, 23; No. 4, Art. 28, 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 12, Art. 88; No. 13, Art. 99; No. 15, Art. 106; No. 16, Art. 131; No. 17, Art. 136, 139, 140; No. 18, Art. 143, 144; No. 19, Art. 146, 147; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 12, Art. 48, 51; No. 13-14, of the Art. 54, 57, 58; No. 15-16, of Art. 62; No. 20, Art. 88; No. 21, Art. 97; No. 23, Art. 114; No. 24, Art. 126, 128, 129; 2009, No. 2-3, of the Art. 7, 21; No. 9-10, of the Art. 47, 48; No. 13-14, of the Art. 62, 63; No. 15-16, of the Art. 70, 72, 73, 74, 75, 76; No. 17, Art. 79, 80, 82; No. 18, Art. 84, 86; No. 19, Art. 88; No. 23, Art. 97, 115, 117; No. 24, Art. 121, 122, 125, 129, 130, 133, 134; 2010, No. 1-2, of the Art. 1, 4, 5; No. 5, Art. 23; No. 7, Art. 28, 32; No. 8, Art. 41; No. 9, Art. 44; No. 11, Art. 58; No. 13, Art. 67; No. 15, Art. 71; No. 17-18, of the Art. 112, 114; No. 20-21, of Art. 119; No. 22, Art. 128, 130; No. 24, Art. 146, 149; 2011, No. 1, Art. 2, 3, 7, 9; No. 2, Art. 19, 25, 26, 28; No. 3, Art. 32; No. 6, Art. 50; No. 8, Art. 64; No. 11, Art. 102; The Law of the Republic of Kazakhstan of July 15, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of authorization system", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on July 30, 2011; The Law of the Republic of Kazakhstan of July 21, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of external state financial control", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on August 6, 2011; The law of the Republic of Kazakhstan of July 21, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning electronic money", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on August 6, 2011; The Law of the Republic of Kazakhstan of July 21, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan on the tax matters", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on August 6, 2011; The Law of the Republic of Kazakhstan of July 22, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning population shift", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on August 6, 2011; The law of the Republic of Kazakhstan of July 22, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the housing relations", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on August 6, 2011):

Heading of Article 375 to state 1) in table of contents in the following edition:

"Article 375. Violation of the law about religious activities and religious associations";

In paragraph one of part five of Article 311-1 of the word "and religious organizations (associations)" to exclude 2);

3) in paragraph one of part five of Article 374 of the word", religious associations" to exclude;

Article 375 to state 4) in the following edition:

"Article 375. Violation of the law about religious activities and religious associations

1. Violation of the requirements established by the legislation of the Republic of Kazakhstan to:

to holding religious practices, ceremonies and (or) meetings;

to charity implementation;

to import, release, edition and (or) distribution of religious literature and other materials of religious content (appointment), objects of religious appointment;

to construction of cult buildings (constructions), reshaping (change of functional purpose) of buildings (constructions) to cult buildings (constructions)

attracts penalty on physical persons in the amount of fifty monthly settlement indicators, on officials and heads of religious associations - in the amount of hundred monthly settlement indicators, on legal litsv the size of two hundred monthly settlement indicators with suspension of operations for a period of three months.

2. Hindrance of legal religious activities, and is equal violation of the civil laws of physical persons based on the relation to religion or insult of their religious feelings or defilement of the objects esteemed by followers of this or that religion, structures and places if all above actions do not contain signs of penal act,

attract penalty on physical persons in the amount of fifty monthly settlement indicators, on officials - in the amount of hundred monthly settlement indicators, on legal entities - in the amount of two hundred monthly settlement indicators.

3. Implementation by citizens of the Republic of Kazakhstan, foreigners and stateless persons of missionary activities without registration (re-registration), and is equal use by missionaries of religious literature, information materials of religious content and objects of religious appointment without the positive conclusion of theological examination

attract penalty on citizens of the Republic of Kazakhstan in the amount of hundred monthly settlement indicators, on foreigners and persons without citizenship - in the amount of hundred monthly settlement indicators with administrative expulsion out of limits of the Republic of Kazakhstan.

4. Implementation by religious consolidation of the activities which are not provided by its charter (provision)

attracts penalty on officials and heads of religious associations in the amount of two hundred monthly settlement indicators, on legal entities - in the amount of three hundred monthly settlement indicators with suspension of operations for a period of three months.

5. Occupation religious consolidation by political activities, and is equal participation in activities of political parties and (or) rendering financial support to them, intervention in activities of state bodies or assignment of functions of state bodies or their officials by members of religious associations

attract penalty on physical persons in the amount of hundred monthly settlement indicators, on heads of religious associations - in the amount of two hundred monthly settlement indicators, on legal entities - in the amount of three hundred monthly settlement indicators with suspension of operations for a period of three months.

6. Creation of organizational structures of religious associations in state bodies, the organizations and organizations, the organizations of education and health care

attracts penalty on officials in the amount of hundred monthly settlement indicators, on heads of state bodies, organizations and organizations - in the amount of two hundred monthly settlement indicators.

7. The management of religious consolidation by person designated by the foreign religious center without approval of authorized body, and is equal rejection by the head of religious consolidation of measures to non-admission of involvement and (or) participation of minors in activities of religious consolidation in case of objection of one of parents of the minor or other his legal representatives

attract penalty on citizens of the Republic of Kazakhstan in the amount of fifty monthly settlement indicators, on foreigners and persons without citizenship - in the amount of fifty monthly settlement indicators with administrative expulsion out of Republic limits.

8. Implementation by religious consolidation of the activities prohibited by legal acts of the Republic of Kazakhstan, and is equal not elimination by religious consolidation at the scheduled time of the violations which formed the basis for suspension of its activities

attract penalty on officials and heads of religious associations in the amount of three hundred monthly settlement indicators, on legal entities - in the amount of five hundred monthly settlement indicators with prohibition of their activities.

9. The actions (failure to act) provided by parts one, the second, third, fourth, fifth and seventh this Article, made repeatedly within year after imposing of administrative punishment

attract penalty on physical persons in the amount of two hundred monthly settlement indicators, on heads of religious associations - in the amount of three hundred monthly settlement indicators, on legal entities - in the amount of five hundred monthly settlement indicators with prohibition of their activities.";

The subitem 1) parts one of Article 636 to add 5) with the paragraph the sixtieth the following content:

"authorized state body in the field of religious activities (Article 374-1, 375);";

The subitem 2) of Article 730 to state 6) in the following edition:

"2) law-enforcement bodies when making the offenses provided by Articles 102-3, 374 (part six), 375 (parts three, the seventh), 380 (part two), 380-2 (part two), 394 (part four), 396 (part four) of this Code.".

2. In the Code of the Republic of Kazakhstan of September 18, 2009 "About health of the people and health care system" (Sheets of Parliament of the Republic of Kazakhstan, 2009, No. 20-21, of Art. 89; 2010, No. 5, Art. 23; No. 7, Art. 32; No. 15, Art. 71; No. 24, Art. 149, 152; 2011, No. 1, Art. 2, 3; No. 2, Art. 21; No. 11, Art. 102; The Law of the Republic of Kazakhstan of July 15, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of authorization system", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on July 30, 2011):

add Article 182 with Item 8 of the following content:

"8. It is not allowed in case of execution of professional obligations making by health and pharmaceutical workers of any actions (failure to act) on their religious beliefs, and holding (making) religious practices and ceremonies which can entail damnification of life and to health of physical persons by them is equal.".

3. In the Law of the Republic of Kazakhstan of April 17, 1995 "About state registration of legal entities and accounting registration of branches and representations" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1995, No. 3-4, of Art. 35; No. 15-16, of Art. 109; No. 20, Art. 121; Sheets of Parliament of the Republic Kazakh camp, 1996, No. 1, Art. 180; No. 14, Art. 274; 1997, No. 12, Art. 183; 1998, No. 5-6, of Art. 50; No. 17-18, of Art. 224; 1999, No. 20, Art. 727; 2000, No. 3-4, of the Art. 63, 64; No. 22, Art. 408; 2001, No. 1, Art. 1; No. 8, Art. 52; No. 24, Art. 338; 2002, No. 18, Art. 157; 2003, No. 4, Art. 25; No. 15, Art. 139; 2004, No. 5, Art. 30; 2005, No. 13, Art. 53; No. 14, Art. 55, 58; No. 23, Art. 104; 2006, No. 10, Art. 52; No. 15, Art. 95; No. 23, Art. 141; 2007, No. 3, Art. 20; 2008, No. 12, Art. 52; No. 23, Art. 114; No. 24, Art. 126, 129; 2009, No. 24, Art. 122, 125; 2010, No. 1-2, of Art. 2; No. 5, Art. 23; 2011, No. 11, Art. 102; The Law of the Republic of Kazakhstan of July 15, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of authorization system", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on July 30, 2011):

Part the tenth Article 6 to state 1) in the following edition:

"Registration of public and religious associations is performed according to the procedure, established by this Article, taking into account the features provided by the laws of the Republic of Kazakhstan "About public associations", "About political parties", "About religious activities and religious associations".";

Article 11 to add 2) with part two of the following content:

"The additional bases of refusal in state registration and re-registration of religious consolidation are established in the Law of the Republic of Kazakhstan "About religious activities and religious associations".".

4. In the Law of the Republic of Kazakhstan of January 16, 2001 "About non-profit organizations" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 1, Art. 8; No. 24, Art. 338; 2003, No. 11, Art. 56; 2004, No. 5, Art. 30; No. 10, Art. 56; 2005, No. 13, Art. 53; 2006, No. 8, Art. 45; No. 15, Art. 95; 2007, No. 2, Art. 18; No. 9, Art. 67; No. 17, Art. 141; 2010, No. 5, Art. 23; No. 7, Art. 28; 2011, No. 2, Art. 21; No. 5, Art. 43):

the second Item 2 of Article 19 to state part in the following edition:

"Public associations are formed at the initiative of group of citizens of the Republic of Kazakhstan at least ten people convoking the constituent assembly (congress, conference) at which the charter is accepted and their bodies are created.".

5. In the Law of the Republic of Kazakhstan of August 8, 2002 "About the child's rights in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2002, No. 17, Art. 154; 2004, No. 23, Art. 142; 2005, No. 7-8, of Art. 19; 2006, No. 3, Art. 22; 2007, No. 9, Art. 67; No. 20, Art. 152; 2009, No. 15-16, of Art. 72; No. 17, Art. 81; No. 18, Art. 84; 2010, No. 5, Art. 23; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 2, No. 11, Art. 102):

add Article 19 with Item 5 of the following content:

"5. Holding church services, religious practices, ceremonies and (or) meetings, and also the actions directed to distribution of dogmas in children's improving, sports, creative and other organizations of leisure, camps and sanatoria are not allowed.".

6. In the Law of the Republic of Kazakhstan of February 18, 2005 "About counteraction to extremism" (Sheets of Parliament of the Republic of Kazakhstan, 2005, No. 5, Art. 3; No. 13, Art. 53; 2010, No. 10, Art. 48):

1) of Article 6 to state the subitem in the following edition:

"1) the state body performing state regulation in the field of religious activities carries out studying and the analysis of activities of the religious associations and missionaries created in the territory of the Republic of Kazakhstan, performs information and propaganda actions for the questions which are within its competence, considers the questions concerning violations of the law of the Republic of Kazakhstan about religious activities and religious associations, makes offers on prohibition of activities of the religious associations violating the law of the Republic of Kazakhstan on counteraction to extremism;".

7. In the Law of the Republic of Kazakhstan of July 8, 2005 "About conscription and military service" (Sheets of Parliament of the Republic of Kazakhstan, 2005, No. 14, Art. 60; 2007, No. 9, Art. 67; No. 20, Art. 152; 2008, No. 6-7, of Art. 27; 2010, No. 10, Art. 48; No. 24, Art. 151; 2011, No. 1, Art. 7):

in Article 27:

2) of Item 3 to state the subitem in the following edition:

"2) to the citizens receiving technical and professional, postsecondary or higher education on full-time courses in the relevant organizations of education, internal education in the spiritual (religious) organizations of education, and also in higher educational institutions of other states before the termination of one higher educational institution in case of submission of supporting documents about training;";

5) of Item 5 to state the subitem in the following edition:

"5) to the recruits having holy order for religious activities;".

8. In the Law of the Republic of Kazakhstan of January 11, 2007 "About licensing" (Sheets of Parliament of the Republic of Kazakhstan, 2007, No. 2, Art. 10; No. 20, Art. 152; 2008, No. 20, Art. 89; No. 23, Art. 114; No. 24, Art. 128, 129; 2009, No. 2-3, of the Art. 16, 18; No. 9-10, of Art. 47; No. 13-14, of the Art. 62, 63; No. 17, Art. 79, 81, 82; No. 18, Art. 84, 85; No. 23, Art. 100; No. 24, Art. 134; 2010, No. 1-2, of Art. 4; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of the Art. 111, 112; No. 24, Art. 146, 149; 2011, No. 1, Art. 2; No. 2, Art. 21, 26; No. 11, Art. 102; The law of the Republic of Kazakhstan of July 15, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of authorization system", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on July 30, 2011):

add Article 27 with the subitem 15) of the following content:

"15) the activities of legal entities connected with the direction abroad for training in spiritual educational institutions.".

9. In the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" (Sheets of Parliament of the Republic of Kazakhstan, 2011, No. 5, Art. 42; The Law of the Republic of Kazakhstan of July 21, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning service centers of the population", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on August 6, 2011; The Law of the Republic of Kazakhstan of July 22, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the housing relations", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on August 6, 2011):

Item 5 of Article 76 to state 1) in the following edition:

"5. The agreement of free use by state-owned property consists in cases of transfer to religious associations to free use of cult buildings (constructions) and other property which are in property of the state and being historical and cultural monument according to the Law of the Republic of Kazakhstan "About protection and use of objects of historical and cultural heritage".";

Item 2 of Article 118 to exclude 2).

Article 2. This Law becomes effective after ten calendar days after its first official publication.

 

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