LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 21, 2013 No. 72-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning onomastics

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. 2122, 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, 95; 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; No. 12, Art. 111; No. 13, Art. 115, 116; No. 14, Art. 117; No. 16, Art. 128, 129; No. 17, Art. 136; No. 19, Art. 145; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 9, 11, 13, 14, 16; No. 3, Art. 21, 22, 25, 26, 27; No. 4, Art. 32; No. 5, Art. 35, 36; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 84, 85; No. 13, Art. 91; No. 14, Art. 92, 93, 94; No. 15, Art. 97; The law of the Republic of Kazakhstan of November 26, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning activities of the microfinancial organizations", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on December 5, 2012):

Heading of Article 81 to state 1) in table of contents in the following edition:

"Article 81. Responsibility for violation of the legislation of the Republic of Kazakhstan on languages";

Article 81 to state 2) in the following edition:

"Article 81. Responsibility for violation of the legislation of the Republic of Kazakhstan on languages

1. Refusal of the official in adoption of appeals of physical persons and legal entities, and also their not consideration in essence, motivated with ignorance of language,

attract penalty in the amount of fifteen monthly settlement indicators.

2. Violation of requirements for placement of details and visual information

attracts the prevention.

3. The action provided by part two of this Article committed repeatedly within year after imposing of administrative punishment,

attracts penalty on officials, individual entrepreneurs, legal entities, being small business entities or non-profit organizations, - in the amount of ten, on the legal entities who are subjects of medium business - in the amount of twenty, on the legal entities who are subjects of big business in the amount of fifty monthly settlement indicators.";

3) in the subitem 1) Article 636 parts one:

the fourteenth to state the paragraph in the following edition:

"authorized body in the field of culture and information (Article 81 (part one), 82, 130);";

to add the paragraph of the fifty sixth after the word "articles" with the words "81 (parts two and third)".

2. In the Law of the Republic of Kazakhstan of December 8, 1993 "About the administrative-territorial device of the Republic of Kazakhstan" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1993, No. 23-24, of Art. 507; 1995, No. 23, Art. 146; Sheets of Parliament of the Republic of Kazakhstan, 2004, No. 10, Art. 56; No. 23, Art. 142; 2006, No. 18, Art. 111; 2009, No. 2-3, of Art. 9; No. 8, Art. 44; 2011, No. 11, Art. 102):

1) in all text changes in Kazakh are made, the text in Russian does not change;

2) in all text of the word "aul (village)", "aulny (rural)", "auls (villages)", "aulny (rural)", "auls (villages)", "aulny (rural)", "the aul (village)", "aulny (rural)" to replace respectively with words "village", "rural", "sat down", "rural", "sat down", "rural", "sat down", "rural";

3) in Article 2:

changes are made to the text of parts five and the sixth in Kazakh, the text in Russian does not change;

add with parts seven and the eighth the following content:

"Settlements have components.

Components of settlements are residential districts, squares, avenues, boulevards, streets, lanes, parks, squares, bridges and other parts.";

Article 7 to state 4) in the following edition:

"Article 7. Onomastichesky commissions

The Onomastichesky commissions are created for the purpose of streamlining of work on the name and renaming of administrative and territorial units, components of settlements, the airports, ports, railway stations, railway stations, stations of the subway, bus stations, bus stations, physiographic and other objects of state-owned property in the territory of the Republic of Kazakhstan, to refining and change of transcription of their names and assignment of own names of persons to the state legal entities, legal entities with participation of the state, and also to recovery, preserving historical names as component of historical and cultural heritage of the Republic of Kazakhstan.

Under the Government of the Republic of Kazakhstan the Republican onomastichesky commission is created, under local executive bodies of areas, cities of republican value, the capital - the regional onomastichesky commissions, the onomastichesky commissions of the cities of republican value, the capital.";

5) the subitem 4) of article 9 after the words "and also" to add with words "amendments and";

6) in Article 10:

3) and 4) to state subitems in the following edition:

"3) approves rules of assignment of the name to the airports, ports, railway stations, railway stations, stations of the subway, bus stations, bus stations, physiographic and other objects of state-owned property in the territory of the Republic of Kazakhstan, and also renaming, refining and change of transcription of their names and assignment of own names of persons to the state legal entities, legal entities with participation of the state;

4) based on the conclusion of the Republican onomastichesky commission and taking into account opinion of the population of the corresponding territory, its local representative and executive bodies brings to the President of the Republic of Kazakhstan representations according to the name and renaming of areas, areas, cities, and also refining and change of transcription of their names;";

add with subitem 4-1) of the following content:

"4-1) makes the decision on assignment of the name to the airports, ports, railway stations, railway stations, stations of the subway, bus stations, bus stations, physiographic and other objects of state-owned property in the territory of the Republic of Kazakhstan, and also renaming, refining and change of transcription of their names and assignment of own names of persons to the state legal entities, legal entities with participation of the state based on the conclusion of the Republican onomastichesky commission;";

the subitem 6) after the word "Constitution" to add with words "this Law, others";

7) in Article 11 part one:

4) to state the subitem in the following edition:

"4) taking into account opinion of the population of the corresponding territory based on the conclusion of the regional onomastichesky commission on representation of local representative and executive bodies of areas resolve issues according to the name, renaming of villages, settlements, rural districts, and also refining and change of transcription of their names;";

add with subitems 4-1) and 4-2) of the following content:

"4-1) taking into account opinion of the population of the corresponding territory based on the conclusion of the Republican onomastichesky commission resolve issues according to the name, renaming of areas in the city, components of the cities of regional value, and also to refining and change of transcription of their names;

4-2) submit for consideration of the Republican onomastichesky commission of the offer on assignment of the name to the airports, ports, railway stations, railway stations, bus stations, bus stations, stations of the subway, physiographic and other objects of state-owned property, and also renaming, refining and change of transcription of their names and assignment of own names of persons to the state legal entities, legal entities with participation of the state;";

To state subitem 5-1) of part one of Article 12 in the following edition:

"5-1) taking into account opinion of the population of the corresponding territory based on the conclusion of the regional onomastichesky commission resolve issues according to the name, renaming of components of the city of district value, and also refining and change of transcription of their names;";

The subitem 4) of Article 13 to state 9) in the following edition:

"4) local representative and executive bodies of the cities of republican value, capital:

taking into account opinion of the population of the corresponding territory resolve issues according to the name, renaming, and also refining and change of transcription of their names of areas in the city, components of the cities of republican value, the capital based on the conclusion of the onomastichesky commission of the cities of the republican value, the capital approved with the Republican onomastichesky commission;

submit for consideration of the Republican onomastichesky commission of the offer on assignment of the name to the airports, ports, railway stations, railway stations, bus stations, bus stations, stations of the subway, physiographic and other objects of state-owned property, renaming, refining, and also change of transcription of their names and assignment of own names of persons to the state legal entities, legal entities with participation of the state;";

10) in Article 14:

in the subitem 1) "auls or" to exclude words;

4) to state the subitem in the following edition:

"4) taking into account opinion of the population of the corresponding territory based on the conclusion of the regional onomastichesky commission resolves issues according to the name, renaming of components of these settlements, and also refining and change of transcription of their names.";

Section 3 to add 11) with Article 14-1 of the following content:

"Article 14-1. Accounting of opinion of the population of the corresponding territory in case of the name and renaming of administrative and territorial units, components of settlements, and also refining and change of transcription of their names

1. Accounting of opinion of the population of the corresponding territory in case of the name, renaming of administrative and territorial units, components of settlements, and also refining and change of transcription of their names is carried out by local executive bodies according to the procedure, determined by the Government of the Republic of Kazakhstan.

2. Local representative and executive bodies following the results of accounting of opinion of the population of the corresponding territory the joint decision are submitted for consideration of the relevant onomastichesky commissions of the offer on the name, renaming of administrativnoterritorialny units, components of settlements, and also to refining and change of transcription of their names.";

12) in the subitem 2) of Article 15 of the word of "the companies, organizations and the organizations" shall be replaced with words "legal entities".

3. In the Law of the Republic of Kazakhstan of July 11, 1997 "About languages in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 1997, No. 13-14, of Art. 202; 2004, No. 23, Art. 142; 2006, No. 10, Art. 52; 2007, No. 19, Art. 147; No. 20, Art. 152; 2008, No. 20, Art. 89; 2011, No. 1, Art. 2; No. 11, Art. 102; 2012, No. 3, Art. 25; No. 15, Art. 97):

Article 1 to state 1) in the following edition:

"Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) diaspora - part of the people (ethnic community) living out of the country of its historical origin;

2) onomastics - the Section of linguistics studying own names, history of their origin and transformation;

3) the onomastichesky commission - the advisory advisory body developing offers on forming of single approaches according to the name and renaming of administrative and territorial units, components of settlements, the airports, ports, railway stations, railway stations, stations of the subway, bus stations, bus stations, physiographic and other objects of state-owned property in the territory of the Republic of Kazakhstan, to refining and change of transcription of their names and assignment of own names of persons to the state legal entities, legal entities with participation of the state and also to recovery and preserving historical names as component of historical and cultural heritage of the Republic of Kazakhstan;

4) spelling - spelling, system of the rules determining uniformity of methods of speech transmission (words and grammatical forms) on the letter;

5) the Republican terminological commission - the advisory advisory body developing offers in the field of terminological lexicon of Kazakh on all industries of economy, science, the equipment and culture;

6) toponymics - the Section of onomastics studying names of geographical objects, patterns of their origin, change and functioning;

7) transliteration - letter by letter transfer of texts and separate words of one graphical system means of other graphical system;

8) authorized body - the central executive body performing management and cross-industry coordination in the field of development of languages.";

Shall be replaced with words 2) in part one of Article 19 of the word of "settlements, streets, squares" "administrative and territorial units, components of settlements";

Part the fourth Article 23 to exclude 3);

Article 24 to state 4) in the following edition:

"Article 24. Responsibility for violation of the legislation of the Republic of Kazakhstan on languages

The first heads of state bodies either responsible secretaries or other officials determined by the President of the Republic of Kazakhstan and also the physical persons and legal entities guilty of violation of the law of the Republic of Kazakhstan about languages, bear responsibility according to the laws of the Republic of Kazakhstan.

The refusal of the official in adoption of appeals of physical persons and legal entities motivated with ignorance of state language, any preventing to the use state and other languages in the field of their functioning, and also violation of requirements for placement of details and visual information attract the responsibility provided by the laws of the Republic of Kazakhstan.";

To add 5) with Article 24-1 of the following content:

"Article 24-1. Competence of the Government of the Republic of Kazakhstan

Government of the Republic of Kazakhstan:

1) creates the republican terminological and onomastichesky commissions;

2) is approved by standard regulations on the regional onomastichesky commissions and the onomastichesky commissions of the cities of republican value, the capital;

3) performs other functions assigned to it by the Constitution, this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.";

6) in Article 25:

in the subitem 3)" (the cities of republican value, the capital)" shall be replaced with words words ", the cities of republican value, the capital";

add with subitem 5-1) of the following content:

"5-1) provides activities of the republican terminological and onomastichesky commissions;";

in the subitem 6) "terminological and" to exclude words;

Article 25-1 to state 7) in the following edition:

"Article 25-1. Competence of the onomastichesky commissions

1. Are within the competence of the Republican onomastichesky commission:

1) development of recommendations and offers on onomastics;

2) issue of the conclusions according to the name, renaming of areas, areas and cities, and also refining and change of transcription of their names;

3) issue of the conclusions on assignment of the name to the airports, ports, railway stations, railway stations, stations of the subway, bus stations, bus stations, physiographic and other objects of state-owned property in the territory of the Republic of Kazakhstan, and also to renaming, refining and change of transcription of their names and assignment of own names of persons to the state legal entities, legal entities with participation of the state;

4) issue of the conclusions according to the name, renaming of areas in the city, components of the cities of regional value, and also to refining and change of transcription of their names;

5) approval of the conclusions of the onomastichesky commissions of the cities of republican value, the capital according to the name, renaming of areas in the city, components of the cities of republican value, the capital, and also to refining and change of transcription of their names.

2. Are within the competence of the regional onomastichesky commissions:

1) issue of the conclusions according to the name, renaming of villages, settlements, rural districts, and also refining and change of transcription of their names;

2) issue of the conclusions according to the name, renaming of components of the cities of district value, the settlement, village, rural district, and also refining and change of transcription of their names.

3. Issue of the conclusions according to the name, renaming of areas in the city, components of the cities of republican value, the capital, and also to refining and change of transcription of their names after approval of the Republican onomastichesky commission belongs to competence of the onomastichesky commissions of the cities of republican value, the capital.

4. The decision according to the name, renaming, and also refining and change of transcription of names of administrative and territorial units, components of settlements is accepted by local representative and executive bodies only in the presence of the positive conclusion of the relevant onomastichesky commissions.";

8) in Article 25-2:

in heading, paragraph one of the word" (the cities of republican value, the capital)" shall be replaced with words ", the cities of republican value, the capital";

add with subitem 2-1) of the following content:

"2-1) exercises control of compliance with law of the Republic of Kazakhstan about languages regarding placement of details and visual information;";

3) to state the subitem in the following edition:

"3) makes recommendations of elimination of violations of the requirements established by the legislation of the Republic of Kazakhstan on languages, applies measures of administrative influence on the basis and according to the procedure, stipulated by the legislation the Republic of Kazakhstan about administrative offenses;";

add with subitem 3-1) of the following content:

"3-1) develops and approves semi-annual plans of conducting checks according to the Law of the Republic of Kazakhstan "About the state control and supervision in the Republic of Kazakhstan;";

5) to state the subitem in the following edition:

"5) is provided by activities of the regional onomastichesky commission, the onomastichesky commissions of the city of republican value, the capital;";

9) in the subitem 3) of Article 25-3 of the word of "auls (villages)", "aulny (rural)" to replace respectively with words of "villages", "rural";

To add 10) with Article 25-5 of the following content:

"Article 25-5. Criteria of onomastichesky work

Criteria of onomastichesky work on the name and renaming of administrativnoterritorialny units, components of settlements, the airports, ports, railway stations, railway stations, stations of the subway, bus stations, bus stations, physiographic and other objects of state-owned property in the territory of the Republic of Kazakhstan, and also to refining and change of transcription of their names and assignment of own names of persons to the state legal entities, legal entities with participation of the state are:

1) accounting of historical, geographical, natural and cultural features;

2) compliance to regulations of the literary language;

3) single assignment of one name to settlements, components of settlements within one administrative and territorial unit;

4) renaming, change of the appropriated own name of person not earlier than ten years from the date of the name, assignment (change) of name;

5) assignment of own names of outstanding state and public figures, scientists, culture and other persons having merits in front of the Republic of Kazakhstan and the world community not earlier than five years from the date of their death.".

4. In the Law of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2011, No. 1, Art. 1; No. 2, Art. 26; No. 11, Art. 102; No. 15, Art. 120; 2012, No. 1, Art. 5; No. 2, Art. 9, 14; No. 3, Art. 21, 25, 27; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 13, Art. 91; No. 14, Art. 92, 95; No. 15, Art. 97; The Law of the Republic of Kazakhstan of November 26, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning activities of the microfinancial organizations", published in the Egemen, Aza, Camp and Kazakhstan Truth newspapers on December 5, 2012):

to add Item of 1 appendix to the specified Law with the subitem 106) of the following content:

"106) behind compliance with law of the Republic of Kazakhstan about languages regarding placement of details and visual information.".

Article 2. This Law becomes effective after three months after its first official publication.

 

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