LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 22, 2016 No. 446-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning safety when holding sporting and sports and mass, spectacular cultural events

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 July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-I, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79; No. 19-I, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-II, Art. 130; No. 21-III, Art. 137; The Law of the Republic of Kazakhstan of November 16, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning charity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 18, 2015; The law of the Republic of Kazakhstan of November 16, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning information access", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 19, 2015; The Law of the Republic of Kazakhstan of November 16, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning compulsory social medical insurance", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 19, 2015; The Law of the Republic of Kazakhstan of November 17, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning industrial and innovative policy", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 20, 2015; The law of the Republic of Kazakhstan of November 17, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning rendering the state services", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 20, 2015; The Law of the Republic of Kazakhstan of November 18, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning anti-corruption", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 20, 2015; The Law of the Republic of Kazakhstan of November 18, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning declaring of the income and property of physical persons", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 21, 2015; The law of the Republic of Kazakhstan of November 23, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning work regulation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 25, 2015; The Law of the Republic of Kazakhstan of November 24, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning informatization", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 26, 2015; The Law of the Republic of Kazakhstan of November 24, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning migration and employment of the population", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 26, 2015; The law of the Republic of Kazakhstan of November 24, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the idle credits and assets of banks of the second level, rendering financial services and activities of the financial organizations and National Bank of the Republic of Kazakhstan", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 27, 2015; The Law of the Republic of Kazakhstan of November 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning production of organic products and development of agro-industrial complex", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 1, 2015; The law of the Republic of Kazakhstan of December 3, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan on the tax matters and customs administration", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 5, 2015; The Law of the Republic of Kazakhstan of December 4, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning public procurements", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 8, 2015; The Law of the Republic of Kazakhstan of January 14, 2016 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning precious metals and gemstones", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on January 16, 2016):

Table of contents to add 1) with headings of Articles 434-1 and 488-1 of the following content:

"Article 434-1. Abuse of regulations of behavior on sporting and sports and mass, spectacular cultural events physical persons";

"Article 488-1. Violation of procedure for the organization of holding sporting and sports and mass, spectacular cultural events";

To add 2) with Articles 434-1 and 488-1 of the following content:

"Article 434-1. Abuse of regulations of behavior on sporting and sports and mass, spectacular cultural events physical persons

1. Abuse of regulations of behavior on sporting and sports and mass, spectacular cultural events physical persons in type:

1) bringing to venues of sporting and sports and mass, spectacular cultural events of alcoholic products, products in metal, glass container, pyrotechnic products and other objects which use can pose threat of life and to human health or to cause material damage to physical persons and legal entities;

2) uses of the posters, emblems, banners and other visual objects directed to kindling of social, racial, national, religious, class and patrimonial discord, and which are equally infringing the rights of physical persons during sporting and sports and mass, spectacular cultural events if these actions do not contain signs of penal act,

attracts penalty on physical persons in the amount of twenty monthly settlement indicators.

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

attracts penalty on physical persons in the amount of forty monthly settlement indicators.";

"Article 488-1. Violation of procedure for the organization of holding sporting and sports and mass, spectacular cultural events

1. Violation of procedure for the organization of holding sporting and sports and mass, spectacular cultural events in the form of failure to provide or untimely provision to local executive bodies of information, stipulated by the legislation about culture and about physical culture and sport,

attracts penalty on physical persons in the amount of twenty monthly settlement indicators, on legal entities - in the amount of fifty monthly settlement indicators.

2. The actions (failure to act) provided by part one of this Article, made repeatedly within year after application of measures of administrative punishment

attract penalty on physical persons in the amount of forty monthly settlement indicators, on legal entities - in the amount of hundred monthly settlement indicators.";

3) in Article 685:

part one after words "433 (part one)" to add with figures "434-1,";

the subitem 2) of part two after words "433 (part one)" to add with figures "434-1,";

4) article 729 part one after words "464 (part one)" to add with figures "488-1,".

2. In the Law of the Republic of Kazakhstan of December 15, 2006 "About culture" (Sheets of Parliament of the Republic of Kazakhstan, 2006, No. 24, Art. 147; 2008, No. 23, Art. 124; 2010, No. 5, Art. 23; No. 10, Art. 49; No. 15, Art. 71; No. 24, Art. 149; 2011, No. 5, Art. 43; No. 11, Art. 102; 2012, No. 2, Art. 13; No. 3, Art. 25; No. 15, Art. 97; 2013, No. 9, Art. 51; No. 14, Art. 75; 2014, No. 1, Art. 4; No. 10, Art. 52; No. 19-I, 19-II, Art. 96; 2015, No. 10, Art. 50; No. 19-II, Art. 105; The Law of the Republic of Kazakhstan of November 16, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning charity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 18, 2015):

Article 1 to add 1) with subitems 13-2), 13-3), 13-4) and 13-5) of the following content:

"13-2) spectacular cultural events - the actions directed to the musical and esthetic education of the population, satisfaction of its spiritual and esthetic needs which are carried out in the places intended for holding spectacular cultural events, assuming simultaneous stay on these actions of two hundred and more viewers;

13-3) places for holding spectacular cultural events - the objects and constructions adapted for holding spectacular cultural events, and also other places (stadiums, sports palaces, hippodromes, rest areas, parks, squares, the areas, streets) which are not intended especially for these purposes;

13-4) time of holding spectacular cultural events - time from the moment of entrance (receipt) of the first viewer to venues of spectacular cultural events before the end of actions and exit (withdrawal) of the last viewer from these places;

13-5) organizer of spectacular cultural events - physical person or legal entity at the initiative of which the spectacular cultural events are held;";

Article 9-1 to state 2) in the following edition:

"Article 9-1. Procedure for the organization of holding spectacular cultural events

1. Places for holding spectacular cultural events shall conform to sanitary and epidemiologic requirements and requirements of fire safety.

2. The instruction for safety of holding sporting and sports and mass, spectacular cultural events affirms the joint order of law-enforcement bodies and authorized body in the field of culture, physical culture and sport.

3. For the organization and holding spectacular cultural events by local executive bodies organizing committees which coordinate organization activity, involved in preparation and holding these actions are created.

4. In case of detection of violations of requirements of service regulations of constructions, places for holding spectacular cultural events and the fire safety complicating safety of physical persons and participants, including regarding decay of the bearing designs of stands, placement in subtribune rooms of combustible and dangerous substances and materials, lack of emergency lighting and ways of evacuation, absence or defect of means of fire protection, and also the abuses of regulations of installation and operation of electric equipment able to lead to emergence of the fire, sanitary and epidemiologic requirements, safety conditions of participants and audience in venues of spectacular cultural events local executive bodies on the representation brought by law-enforcement bodies or state body in the field of sanitary and epidemiologic wellbeing of the population prohibit holding such actions before elimination of the revealed violations of safety conditions.

5. Organizers of spectacular cultural events shall:

1) to create conditions for safety of physical persons, to safety of places for the holding spectacular cultural events including which is in them property and also to assist law-enforcement bodies in ensuring public order;

2) to provide recovery of improvement of the territory adjoining on venues of spectacular cultural events in case of its violation;

3) to inform local executive bodies on the expected number of the viewers no later than ten calendar days before the day of the event, in one calendar day - on the number of the sold tickets, the issued omissions, including on vehicles, and also places of parkings for the special equipment of law-enforcement bodies and health care, vehicles of disabled people;

To place 4) in venues of spectacular cultural events of the rule of conduct of the audience.

6. The harm done to physical persons and legal entities during spectacular cultural events is compensated according to the civil legislation of the Republic of Kazakhstan.";

Article 11 to state 3) in the following edition:

"Article 11. The rights and obligations of physical persons in the field of culture

1. Physical persons have the right to use the different symbolics and other means of public expression of individual opinion which are not prohibited by the legislation of the Republic of Kazakhstan when holding spectacular cultural events.

2. Physical persons shall:

1) to observe requirements of the legislation of the Republic of Kazakhstan in the field of culture;

2) to care for preserving cultural values;

3) to respect national culture, customs, traditions of the Kazakh people and ethnic groups, state language and other languages;

4) to observe public order in venues of spectacular cultural events and other actions in the field of culture;

5) not to allow the actions provoking disorderly conduct, not to undertake the illegal shares creating danger to the spectacular cultural events surrounding in venues.

3. It is forbidden to physical persons:

To carry by 1) to venues of spectacular cultural events alcoholic products, products in metal, glass container, pyrotechnic products and other objects which use can pose threat of life and to human health or to cause material damage to physical persons and legal entities;

2) to throw out any objects posing threat of life and to human health on scenes, arenes, stage, in orchestra pits, and also to the locations of the audience during spectacular cultural events;

3) self-willedally to go beyond barriers and cordons, tourniquets during spectacular cultural events;

4) to use the posters, emblems, banners and other visual objects directed to kindling of social, racial, national, religious, class and patrimonial discord, and which are equally infringing the rights of physical persons during spectacular cultural events.".

3. In the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" (Sheets of Parliament of the Republic of Kazakhstan, 2010, No. 12, Art. 60; 2011, No. 1, Art. 2; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 2, Art. 11, 14; No. 3, Art. 21; No. 4, Art. 30; No. 6, Art. 46; No. 8, Art. 64; No. 11, Art. 80; No. 15, Art. 97; No. 23-24, of Art. 125; 2013, No. 9, Art. 51; No. 14, Art. 75; No. 15, Art. 81; 2014, No. 4-5, of Art. 24; No. 7, Art. 37; No. 10, Art. 52; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 8, Art. 45; No. 11, Art. 52, 57; No. 19-II, Art. 102; No. 20-IV, Art. 113):

in subitem 12-1) of Item 1 of Article 76:

part one after words "works and services," to add with words "and (or) projects of participants of innovative cluster "The park of innovative technologies";

the second after words of "developmental works" to add part with words "and (or) projects of participants of innovative cluster "The park of innovative technologies";

the fourth to add part with the offer the second the following content:

"Obligation fulfillment on financing of projects of participants of innovative cluster "The park of innovative technologies" is also recognized the direction of money in autonomous cluster fund according to the Law of the Republic of Kazakhstan "About innovative cluster "The park of innovative technologies".".

4. In the Law of the Republic of Kazakhstan of November 18, 2015 "About anti-corruption" (The law of the Republic of Kazakhstan of November 18, 2015 "About anti-corruption", published in the Egemen Kazakstan and Kazakhstan Truth newspapers of November 20, 2015):

the paragraph one of Item 1 of Article 13 to state in the following edition:

"1. To persons holding responsible state position, to persons authorized on accomplishment of the state functions (except for deputies of the maslikhats performing the activities not on constant or the exempted basis), to persons equated to persons authorized on accomplishment of the state functions (except for candidates for president of the Republic of Kazakhstan, deputies of Parliament of the Republic of Kazakhstan or maslikhats, akims of the cities of district value, settlements, villages, rural districts, and also in members of elected bodies of local self-government, persons performing activities in subjects of the quasi-public sector), to officials it is forbidden:".

5. In the Law of the Republic of Kazakhstan of July 3, 2014 "About physical culture and sport" (Sheets of Parliament of the Republic of Kazakhstan, 2014, No. 14, Art. 85; No. 19-I, 19-II, Art. 96; 2015, No. 10, Art. 50; No. 20-IV, Art. 113; The Law of the Republic of Kazakhstan of November 16, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning charity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 18, 2015):

Article 1 to add 1) with subitems 40-1), 41-1), 41-2) and 41-3) of the following content:

"40-1) sports and mass actions - the actions aimed at the development of physical and mental abilities of the person, promotion of healthy lifestyle which are carried out in sports constructions and objects, and also the open areas intended for holding sports and mass actions, assuming simultaneous stay on these actions of two hundred and more viewers;";

"41-1) places for holding sports and mass actions - the objects and constructions adapted for holding sports and mass actions, and also other places (rest areas, hippodromes, circuses, parks, squares, the areas, streets) which are not intended especially for these purposes;

41-2) times of holding sports and mass actions - time from the moment of entrance (receipt) of the first viewer to venues of sports and mass actions before the end of actions and exit (withdrawal) of the last viewer from these places;

41-3) organizers of sports and mass action - physical person or legal entity at the initiative of which the sports and mass event is held;";

Article 5 to state 2) in the following edition:

"Article 5. The rights and obligations of physical persons in the field of physical culture and sport

1. Physical persons have the right:

1) to play physical culture and sport;

2) to enter public associations of sports and improving and sports orientation;

3) to participate in sporting and sports and mass events;

4) to use the state and private sports constructions and services;

To use 5) when holding sporting and sports and mass events the different symbolics and other means of public expression of individual opinion which are not prohibited by the legislation of the Republic of Kazakhstan.

2. Physical persons shall:

1) to observe public order in venues of sporting and sports and mass events;

2) not to allow the actions provoking disorderly conduct, not to undertake the illegal shares creating danger to the sporting and sports and mass events surrounding in venues.

3. It is forbidden to physical persons:

To carry by 1) to venues of sporting and sports and mass events alcoholic products, products in metal, glass container, pyrotechnic products and other objects which use can pose threat of life and to human health or to cause material damage to physical persons and legal entities;

2) to throw out any objects posing threat of life and to human health on stands, football fields, hockey and other sports grounds during sporting and sports and mass events;

3) self-willedally to go beyond barriers and cordons, tourniquets during sporting and sports and mass events;

4) to use the posters, emblems, banners and other visual objects directed to kindling of social, racial, national, religious, class and patrimonial discord, and which are equally infringing the rights of physical persons during sporting and sports and mass events.";

3) in Article 38:

state heading in the following edition:

"Article 38. Rules of the organization and holding sporting and sports and mass events";

add with Items 11, of 12, of 13, 14 and 15 following contents:

"11. Organizers of sporting and sports and mass events no later than ten calendar days before the day of the event shall inform local executive bodies on the expected number of the viewers, in one calendar day - on the number of the sold tickets, the issued omissions, including on vehicles, and also places of parkings for the special equipment of law-enforcement bodies and health care, vehicles of disabled people.

12. The instruction for safety of holding sporting and sports and mass, spectacular cultural events affirms the joint order of law-enforcement bodies and authorized body in the field of culture, physical culture and sport.

13. For the organization and holding sporting and sports and mass events by local executive bodies organizing committees which coordinate organization activity, involved in preparation and holding these actions are created.

14. Organizers of sporting and sports and mass events shall:

1) to create conditions for safety of physical persons, to safety of places for the holding sporting and sports and mass events including which is in them property and also to assist law-enforcement bodies in ensuring public order;

2) to provide recovery of improvement of the territory adjoining on venues of sporting and sports and mass events in case of its violation;

To place 3) in venues of sporting and sports and mass events of the rule of conduct of the audience.

15. The harm done to physical persons and legal entities during sporting and sports and mass events is compensated according to the civil legislation of the Republic of Kazakhstan.";

4) in Article 39:

state Item 6 in the following edition:

"6. In case of detection of violations of requirements of service regulations of sports constructions, places for holding sporting and sports and mass events and the fire safety complicating safety of physical persons and participants, including regarding decay of the bearing designs of stands, placement in subtribune rooms of combustible and dangerous substances and materials, lack of emergency lighting and ways of evacuation, absence or defect of means of fire protection, and also the abuses of regulations of installation and operation of electric equipment able to lead to emergence of the fire, sanitary and epidemiologic requirements, safety conditions of participants and audience in venues of sporting and sports and mass events local executive bodies on the representation brought by law-enforcement bodies or state body in the field of sanitary and epidemiologic wellbeing of the population prohibit holding such actions before elimination of the revealed violations of safety conditions.";

exclude Item 7.

Article 2. This Law becomes effective after ten calendar days after day of its first official publication, except for Item 3 of article 1 of this Law which becomes effective since January 11, 2015.

 

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