On State Statistics

Updated Unofficial translation

The Law of the Republic Kazakhstan dated 19 March, 2010 No. 257-IV.

      Unofficial translation

      This Law regulates the social relations, arising in the process of the state statistical activity and directed to the satisfaction of needs of society, state and international community in the official statistical information.

Chapter 1. GENERAL PROVISIONS

Article 1. The basic definitions, used in this Law

      The following basic definitions shall be used in this Law:

      primary statistics – data, received or registered in the statistical forms;

      1-1) a specially established commission - a commission established to address organizational and instructional issues related to the preparation and conduct of the national census;

      1-2) agricultural census - statistical observation, including the process of collection, processing of data on the structure and condition of agriculture, analysis and dissemination of aggregated data;

      2) administrative sources – central and local executive bodies, akims of rural settlement, village, rural district, National Bank of the Republic of Kazakhstan and other state bodies, carrying out the gathering of accounting or other data underway of strategic, regulatory, realization or control functions in accordance with the legislation of the Republic of Kazakhstan, except for the statistical activity;

      3) administrative data - individual quantitative (measured by numbers) and (or) qualitative (based on a certain principle and (or) attribute) data on natural person or legal entity and data of economic accounting compiled by administrative sources, except for primary statistical data;

      3-1) price registration - collection of primary statistical data on prices (tariffs) for goods and services in national statistical observations;

      4) agencies’ statistical observations – statistical observation, making by the state bodies and National Bank of the Republic of Kazakhstan, except for the authorized body in the field of the state statistics, authorized to conduct the statistical works in accordance with the plan of statistical works;

      5) national statistical observation – statistical observation, making by the authorized body in the field of state statistics;

      5-1) Interviewer - a person who carries out the survey of respondents and households in conducting national statistical observations and national censuses;

      6) state statistics – production of official statistical information;

      7) an authorized body in the field of the state statistics (hereafter – an authorized body) – the state body, carrying out management, as well as cross-sector coordination in the field of the state statistics within its competence;

      7-1) metadata - data and other documentation describing in a standardized form the statistical data and statistical processes in the information on data sources, methodologies, definitions, classifications and quality of data provided to users;

      8) user – a person, applying to for acquisition of official statistical information and (or) using it;

      9) official statistical information – statistical information, forming by the bodies of the state statistics in accordance with the plan of the statistical works;

      10) the schedule of distribution of official statistical information – a document, providing the users with information on statistical factors, forming by the bodies of the state statistics in accordance with the plan of the statistical works;

      11) respondent – an individual or legal entity and his (her) structural and separate subdivisions, representing the data on the statistical unit in accordance with the statistical methodology;

      12) the schedule of representation of primary statistics by respondents – a document, containing information on set of respondents, names of statistical observations, periodicity and terms of representation of primary statistics by respondents and the state body, responsible for the gathering of primary statistics;

      13) statistical information - aggregated data, receiving in the course of processing the primary statistics and (or) administrative data;

      14) statistical methodology – a set of confirmed in accordance with the established procedure of scientifically based techniques, means and methods, used in the statistical activity;

      15) statistical observation – scientifically organized gathering of primary statistics on the statistical unit;

      16) statistical unit – a social and economic object and (or) occurrence or its collection, whereof the quantitative and (or) qualitative characteristics shall be collected;

      17) the plan of statistical works – an annual plan of conducting of national and agencies’ statistical observations, except for the national censuses, determining the terms of the gathering of primary statistics, terms of formation of official statistical information;

      18) statistical activity – the process, including the planning of this activity, development of statistical methodology, processing, protection and storage of primary statistics and administrative data, formation and distribution of statistical information;

      19) statistical form – the set form of the statistical document (blank, reporting form, question list, application form, census schedule and other set forms) on paper or electronic media, intended for receiving or registration of primary statistics in accordance with the established procedure;

      20) statistical classifier - systematized list of meanings of defined reference characteristic of statistical observation, allowing divide it into groups, classes, categories, containing description of principles, methods of composition and systematization, as well as the code, serving as a facility of its identification;

      21) statistical register - systematized list of entities of statistical unit with its quantitative and (or) qualitative characteristics;

      21-1) computerized telephone interviewing system - an information system that allows conducting national statistical observations by means of telephone interviewing of respondents;

      22) national census - specially organized statistical observation, including population and agricultural census, conducted by the authorized body outside the plan of statistical works by the decision of the Government of the Republic of Kazakhstan;

      23) home economics - economic entity, consisting of one or more individuals, living in the same household, combined their incomes and properties in whole or in part and jointly consumed the goods and services;

      23-1) population census - statistical observation, including the process of collection, processing of demographic, economic and social data characterizing respondents as of a certain point in time, analysis and dissemination of aggregated data;

      24) household recording - the process of formation of administrative data on households, peasant farm and (or) farming.

      Footnote. Article 1 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication); by the Law of the Republic of Kazakhstan dated 29.09.2014 No.239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.11.2018 № 192-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 2. The legislation of the Republic of Kazakhstan in the field of the state statistics

      1. The legislation of the Republic of Kazakhstan in the field of the state statistics shall be based on the Constitution of the Republic of Kazakhstan and consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.

      2. If by the international treaty, ratified by the Republic of Kazakhstan established the other rules than those, provided by this Law, the rules of the international treaty shall be applied.

Article 3. The scope of effect of this Law

      1. This Law shall remain in effect in the territory of the Republic of Kazakhstan and shall be distributed on the relations, linked with the production process and distribution of statistical information.

      2. Relations in the field of legal statistics and maintaining of special records shall be regulated by this Law in recognition of peculiarities, provided by the Law of the Republic of Kazakhstan “On the state legal statistics and special records”.

      3. Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      Footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 01.07.2010); dated 29.09.2014 No.239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 4. Bodies of the state statistics

      The bodies of the state statistics shall include:

      1) an authorized body;

      2) the state bodies and National Bank of the Republic of Kazakhstan, conducting agencies’ statistical observations and (or) forming the official statistical information in accordance with the plan of statistical works.

Article 5. Principles of the state statistics

      The basic principles of the state statistics shall be:

      1) consistency and comparability of the state statistics with generally accepted international standards, classifications and methods;

      2) professional independence and self-dependence upon carrying out of the statistical activity;

      3) affording of equal access of users to the official statistical information;

      4) confidentiality and use of primary statistics exclusively for statistical purposes;

      5) use of all kind of information sources in recognition of quality, timeliness, expenses and respondents burden;

      6) reliability, scientific relevance, timeliness of delivery and accessibility of official statistical information;

      7) promotion of safety and security of statistical information, primary statistics and administrative data.

Article 6. The state policy in the field of the state statistics

      1. The state policy of the Republic of Kazakhstan in the field of the state statistics is directed to creation, functioning, development and improvement of the state statistics.

      2. The state policy in the field of the state statistics shall be based on the principles of the state statistics.

      3. The central and local executive bodies shall participate in realization of the state policy in the field of the state statistics within its competence, determined by this Law, other Laws of the Republic of Kazakhstan, the acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      4. The central and local executive bodies shall use official statistical information with reference to the source in their activity, collect and use other information on any social and economic object or occurrence only in the absence of availability of official statistical information on it.

Article 7. The tasks in the field of the state statistics

      The tasks in the field of the state statistics shall be:

      1) formation of statistical methodology;

      2) carrying out of statistical activity with observance of the principles of the state statistics;

      3) satisfaction of need of society, the state and international community in the official statistical information.

Article 8. Guarantees of confidentiality compliance and protection of represented data

      1. Primary statistics shall be confidential and shall be used by the bodies of the state statistics solely for the purposes of production of statistical information, except for the data, specified in paragraph 4 of this Article. Confidentiality of primary statistics shall be provided by the bodies of the state statistics upon its collection, processing and storage.

      2. Use of the primary statistics by the state bodies and National Bank of the Republic of Kazakhstan in relation of respondent, as well as upon carrying out of the control and supervisory functions by them shall not be allowed.

      3. Interference of the central and local executive bodies and other persons in activity of the respondents on formation of primary statistics shall not be allowed.

      4. The following data, containing in the data basis, forming by the authorized body shall not be confidential:

      1) surname, name, patronymic (in its existence) of individual entrepreneur or name of the legal entity;

      2) type of economic activity on general classifier of types of economic activity;

      3) the code on general classifier of enterprises and organizations;

      4) business identification number;

      5) the code on classifier of administrative-territorial objects;

      6) the code on classifier of dimension of legal entities, branches and representative offices, as well as subjects of individual entrepreneurship by the number of employees;

      7) information on respondents, which is in accordance with the Entrepreneurial Code of the Republic of Kazakhstan related to the public;

      5. Statistical information and data basis, allowing establishment of a respondent directly or indirectly or determination of the primary statistics on him (her), shall be confidential and may be distributed only in existence of the consent of respondent, except for the data, specified in paragraph 4 of this Article.

      At the request of the authorized body in the field of foreign trade activities, information shall be submitted for the purpose of conducting an investigation in accordance with the legislation of the Republic of Kazakhstan on special protective, anti-dumping and countervailing measures in relation to the third countries.

      6. Presentation and use of data basis in scientific purposes in deidentify type shall be allowed according to the procedure established by the authorized body.

      7. The order of presentation of statistical information, containing the state secrets shall be determined in accordance with the legislation of the Republic of Kazakhstan on the state secrets.

      Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 24.12.2012 No. 60-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 08.06.2015 № 317-V (shall be enforced upon expiry of thirty calendar days after its first official publication); dated 29.10.2015 № 376-V (shall be enforced from 01.01.2016).

Article 9. International cooperation in the field of the state statistics

      1. Cooperation in the field of the state statistics between the Republic of Kazakhstan and other states or international organizations shall be carried out in accordance with the Laws of the Republic of Kazakhstan and international treaties of the Republic of Kazakhstan.

      2. Bodies of the state statistics shall have a right to distribution of statistical information and exchange of experience on used statistical methodology.

Chapter 2. THE STATE REGULATION IN THE FIELD OF THE STATE STATISTICS

Article 10. The competence of the President of the Republic of Kazakhstan

      The President of the Republic of Kazakhstan shall determine the basic directions of the state policy in the field of the state statistics and shall carry out other powers in accordance with the Constitution and the Laws of the Republic of Kazakhstan.

Article 11. The competence of the Government of the Republic of Kazakhstan in the field of the state statistics

      The Government of the Republic of Kazakhstan in the field of the state statistics shall:

      1) develop the basic directions of the state policy in the field of the state statistics;

      2) Is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      3) decide on the conduct of the national census and approve the action plan for its conduct;

      4) determine the procedure and terms of operation of national censuses;

      5) exercise other functions, imposed on it by the Constitution, this Law, other Laws of the Republic of Kazakhstan and the acts of the President of the Republic of Kazakhstan.

      Footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.11.2018 № 192-VI (shall be enforced upon the expiration of ten calendar days after the date of its first official publication).

Article 12. Competence of the authorized body

      An authorized body shall:

      1) Coordinate activity of central and local executive bodies and National Bank of the Republic of Kazakhstan upon formation of the state policy in the field of the state statistics;

      2) develop and realize the state policy in the field of the state statistics;

      3) develop and confirm the regulatory legal acts in the field of the state statistics within its competence;

      4) form the statistical methodology in accordance with the international statistical standards;

      5) confirm the statistical methodology, as well as the methods on national statistical observations;

      6) organize and conduct the national statistical observations in accordance with the plan of the statistical works;

      6-1) determines the procedure and conducts a survey of respondents and users in order to monitor the level of satisfaction with the activities of the authorized body;

      6-2) determines the order and conducts testing and discussion of draft statistical forms on national and/or departmental statistical observations and instructions on their completion with participation of respondents on a voluntary basis;

      7) determines the order and registers prices;

      8) confirm the statistical forms for conducting the national and agencies’ statistical observations, instructions on its filling, as well as the procedure of its confirmation;

      8-1) approves the calculation of the number of interviewers and the cost of their services in the conduct of national statistical observations and national censuses under the contract of paid services in accordance with the budget legislation of the Republic of Kazakhstan;

      8-2) determines the procedure for involving persons as interviewers in conducting national statistical observations and national censuses;

      9) develop and confirm the procedure of presentation of primary statistics by respondents;

      10) develop the unified register of reporting, formed in the state bodies;

      11) develop and confirm a model method of process description of production of statistical information by the state bodies;

      12) develop and confirm a model method of maintenance of agencies’ classifications;

      13) develop and confirm a model method of formation of metadata for application by the state bodies;

      14) provide the respondents by the statistical forms and instructions on its filling upon presentation by them the primary statistics;

      15) receive the primary statistics by the respondents without compensation;

      15-1) receives contact data on respondents from communication operators in the order determined by the authorized body;

      16) receive on a reimbursable and free basis the necessary primary statistical data from households on their income and expenditures in accordance with the procedure established by the authorized body;

      17) require the additional information from the respondents for confirmation of reliability of primary statistics upon production of statistical information;

      18) require reformation in the statistical forms, containing the primary statistics from the respondents upon identification of distortions of primary statistics by the respondents;

      18-1) revises the published official statistical information for statistical purposes in case of changes in statistical methodology and on the basis of updated, documentary information in the manner determined by the authorized body;

      19) use the administrative data exclusively for production of statistical information and updating of statistical registers;

      20) provide the bodies of the state statistics by the statistical classifiers by its posting on web-sites of the authorized body;

      21) provide accumulation, maintenance and updating of informational statistic data basis on social and economic situation of the Republic and its regions;

      22) organize the research works in the field of the state statistics;

      23) in order to ensure the quality of statistical information, to carry out the analysis of conformity of statistical activities of state statistical offices with the approved by the authorized body of statistical observations, and to request documents (information) necessary for carrying out the analysis;

      24) carry out the state control in the field of state statistics, with the exception of verifications, for compliance with the requirements of laws of the Republic of Kazakhstan, decrees of the President of the Republic of Kazakhstan and resolutions of the Government of the Republic of Kazakhstan in the field of state statistics with respect to respondents;

      24-1) is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication);

      25) effect the international cooperation within its competence and conclude the contracts within cooperation;

      26) carry out other functions, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. Article 12 is in the wording of the Laws of the Republic of Kazakhstan dated 29.09.2014 No. 239 - V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 № 376-V (shall be enforced from 01.01.2016); dated 24.05.2018 No. 156-VI (shall be enforced upon the expiration of ten calendar days after the date of its first official publication); dated 05.11.2018 № 192-VI (shall be enforced upon the expiration of ten calendar days after the date of its first official publication).

Article 12-1. State Control in the Field of State Statistics in respect of Administrative Sources

      1. State control in the field of state statistics in respect of administrative sources is carried out in the form of preventive control without visits and with visits to administrative sources.

      2. Preventive control with visits to administrative sources is carried out in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.

      Preventive control without visiting administrative sources is carried out in accordance with the Entrepreneurial Code of the Republic of Kazakhstan and this Law.

      3. State control in respect of administrative sources shall be carried out for the purpose of revealing:

      1) uncoordinated forms intended for collection of administrative data;

      2) uncoordinated methods of calculation of indicators;

      3) reliability of administrative data provided by administrative sources;

      4) reliability of economic accounting data.

      4. Clarification of the reliability of economic accounting data is carried out in accordance with the procedure determined by the authorized body.

      5. Preventive control without visiting administrative sources shall be carried out by the authorized body and (or) its territorial bodies by means of monitoring, analysis and comparison of data obtained by the authorized body from official sources.

      6. Preventive control with visits to administrative sources shall be carried out:

      1) on central state bodies, the National Bank of the Republic of Kazakhstan and other state bodies - the authorized body;

      2) territorial bodies of the authorized body in respect of local executive bodies and akims of settlements, villages and rural districts.

      7. In case of detection of violations based on the results of preventive control without visiting administrative sources in actions (inaction), the conclusion is drawn up and sent:

      1) on central state bodies, the National Bank of the Republic of Kazakhstan and other state bodies within five working days from the date of detection of violations;

      2) on local executive bodies and akims of settlements, villages, rural districts within ten working days from the date of detection of violations.

      8. The conclusion is handed over to the administrative source personally upon signature or sent by registered letter with a notice of its delivery or to the e-mail address received from official sources (official internet resource of the administrative source), or using other means of communication providing fixation of receipt.

      9. The conclusion on elimination of violations revealed by the results of preventive control without visiting the administrative source is executed within ten working days from the day following the day of its delivery (receipt).

      10. In case of disagreement with the violations specified in the conclusion, the administrative source has the right to send an objection to the authorized body and (or) territorial body that sent the conclusion within five working days from the day following the day of delivery (receipt) of the conclusion.

      Non-implementation in the established term of the conclusion on elimination of the infringements revealed by results of the preventive control without visiting of an administrative source, attracts appointment of the preventive control with visiting of an administrative source by inclusion in the list of carrying out preventive control with a visit to an administrative source.monitoring, analysis and comparison of data, received by the authorized body from official sources.

      Footnote. Chapter 2 is supplemented by Article 12-1 in accordance with the Law of the Republic of Kazakhstan dated 29.10.2015 №. 376-V (shall be enforced from 01.01.2016); in the editing of the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication)..

Article 12-2. State Control in the Field of State Statistics in Respect of Respondents

      1. The state control in the field of state statistics in respect of respondents is carried out in the form of preventive control without visiting the respondents.

      2. Preventive control without visiting respondents is carried out in the form of detection of non-submission of primary statistical data by respondents within the terms specified in the schedule of submission of primary statistical data by respondents, as well as submission of unreliable primary statistical data by them.

      3. In case of detection of violations based on the results of preventive control without visiting the respondents, a conclusion is drawn up, which is sent to the respondent within two working days from the date of detection of violations.

      4. The conclusion is handed over to the respondent personally upon signature or sent by registered letter with the notification of its delivery, text message to the subscriber's cellular communication number or e-mail address received from official sources, or with the use of other means of communication ensuring the fixation of receipt.

      5. The conclusion addressed to the respondent is sent to the place of registration of the respondent.

      6. The report is recognized as duly delivered in cases:

      1) the presence of the respondent's signature on the receipt of the report;

      2) sending the conclusion by registered letter, which is handed over to the respondent (individual) personally or to one of the adult family members living together with him or her, against signature on the notice of receipt to be returned to the sender.

      The conclusion addressed to the legal entity shall be handed to the head or his authorized person, who shall sign the receipt of the conclusion on the receipt of the receipt of the notice of receipt with indication of his surname, initials and position;

      3) sending the conclusion by registered letter to the registration address of the respondent, but not handed over due to the absence of the respondent (does not reside, is not present) at the specified address;

      4) sending the conclusion in the form of a text message to the cellular communication subscriber number or e-mail address, which the respondent indicated in the previously submitted statistical form signed by the respondent or his representative.


      7. If the respondent refuses to accept the opinion, the person delivering or delivering it shall make a corresponding mark on the notice, which shall be returned to the body (official).

      8. The refusal of the respondent to accept the conclusion is not an obstacle to further procedural actions.

      9. The conclusion on elimination of violations revealed by the results of preventive control without visiting the respondent shall be executed within two working days from the day following the day of its delivery.

      10. In case of disagreement with the violations specified in the conclusion, the respondent has the right to send an objection to the authorized body or the National Bank of the Republic of Kazakhstan, which sent the conclusion, with its delivery to the authorized body or the National Bank of the Republic of Kazakhstan within two working days from the day following the day of delivery of the conclusion.

      Failure to execute within the established term of conclusion on elimination of violations revealed by the results of preventive control without visiting the respondent shall entitle the authorized body or the National Bank of the Republic of Kazakhstan to initiate administrative proceedings.

      12. Preventive control without visiting the respondent shall be carried out within the terms established in the statistical form.

      Footnote. Chapter 2 was supplemented by Article 12-2 in accordance with the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 13. The competence of the state bodies and National Bank of the Republic of Kazakhstan, relating to the bodies of the state statistics

      The bodies of the state statistics, mentioned in subparagraph 2) of Article 4 of this Law shall:

      1) realize the state policy in the field of the state statistics;

      2) participate in development and formation of the statistical methodology according to the procedure, established by the authorized body;

      3) make the agencies’ statistical observations and form the official statistical information in accordance with the plans of statistical works;

      4) require the additional information from the respondents in case of identification of distortions, errors, defects upon production of statistical information for confirmation of reliability of primary statistics;

      5) receive the primary statistics by the respondents on the basis without compensation upon conducting of agencies’ statistical observations;

      5-1) review the published official statistical information for statistical purposes in case of changes in statistical methodology and on the basis of updated, documented information in accordance with the procedure determined by the authorized body;

      6) carry out other functions, provided by this Law, other Laws of the Republic of Kazakhstan, the acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. Article 13 with the change introduced by the Law of the Republic of Kazakhstan dated 05.11.2018 № 192-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 14. An authorized body

      1. An authorized body shall have the professional independence, inter alia in terms of development and confirmation of the statistical methodology.

      2. The central executive body and subordinate territorial bodies shall constitute the unified system of the authorized body.

      3. Territorial bodies shall carry out their activity within the powers, established by the legislation of the Republic of Kazakhstan and provision, confirmed by the central executive body.

Article 15. Assuring independence of the authorized body

      Independence of the authorized body shall be ensured by:

      1) inadmissibility of unlawful intervention in activity of the authorized body by the state bodies and their civil servants and other organizations;

      2) creating of appropriate financial, material and technical an organizing conditions for carrying out its activity.

Article 16. Rights and obligations of the administrative sources

      1. Administrative sources shall have a right to acquire the official statistical information in accordance with Article 26 of this Law.

      2. Akims of rural settlement, village, rural district shall be obliged to maintain the economic record in accordance with the statistical methodology, confirmed by the authorized body, organize the maintenance of registration entries on form, confirmed by the authorized body and shall ensure reliability of data of economic record.

      3. Administrative sources shall be obliged to:

      1) to apply national classifiers of the technical and economic information developed by the authorized body in an order established by the legislation of the Republic of Kazakhstan in the sphere of standardization;

      2) to approve in coordination with the authorized body the forms intended for collection of administrative data, as well as methods of calculation of indicators, except for the forms established by the authorized state body, which carries out management in the field of ensuring the receipt of taxes and other mandatory payments to the budget;

      3) to submit to the authorized body administrative data on a free of charge basis in the manner and terms established by the authorized body.

      4. National Bank of the Republic of Kazakhstan shall represent the administrative data to the authorized body, except for information, constituting the bank secrecy.

      Footnote. Article 16 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2014 № 236-V (shall be enforced from 01.01.2015); dated 29. 09. 2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 № 376-V (shall be enforced from 01.01.2016); dated 12.12.2017, № 122-VI (shall be enforced from 01.01.2018); dated 05.10.2018 № 184-VI (shall be enforced upon the expiration of six months after the day of its first official publication); dated 05.11.2018 № 192-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 17. Rights and obligations of respondents

      1. Respondent shall have a right to:

      1) acquire the official statistical information;

      2) require confidentiality compliance of the primary statistics from the bodies of the state statistics;

      3) get clarification in course of filling of statistical forms from the authorized body;

      3-1) to provide primary statistical data in one of the following ways:

      in electronic form in the order determined by the legislation of the Republic of Kazakhstan;

      in hard copy;

      by means of computerized telephone interviewing system;

      when conducting a personal interview by an interviewer;

      4) receive the statistical form and (or) software, necessary for presentation of primary statistics in electronic form on the basis without compensation on paper or electronic media;

      5) Use the state services, rendering by the authorized body, according to the procedure, established by the legislation of the Republic of Kazakhstan;

      6) other rights, provided by the legislation of the Republic of Kazakhstan in the field of the state statistics.

      2. The respondent shall be obliged to:

      1) present the reliable primary statistics upon conducting of statistical observations in accordance with the schedule of presentation of primary statistics and with the statistical methodology by the respondents;

      2) Fulfill requirements of the bodies of the state statistics, provided by this Law.

      Footnote. Article 17 with the change introduced by the Law of the Republic of Kazakhstan dated 05.11.2018 № 192-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 18. Users’ rights

      Users shall have a right to:

      1) simultaneous and equal access to the official statistical information in accordance with the schedule of distribution of official statistical information;

      2) use the official statistical information in owned motives with reference to source.

Chapter 3. STATISTICAL ACTIVITY

Article 19. Planning of statistical activity

      1. Statistical activity is carried out on the basis of the plan of statistical works approved by the authorized body till November 15 of the year preceding the planned one.

      2. The schedule of presentation of primary statistics and schedule of distribution of official statistical information shall be confirmed in execution of the plan of statistical works.

      3. The plan of statistical works, schedule of presentation of primary statistics by the respondent and schedule of distribution of official statistical information shall be formed by the authorized body on coming calendar year in recognition of suggestions of the state bodies and National Bank of the Republic of Kazakhstan.

      The state bodies and National Bank of the Republic of Kazakhstan shall represent the suggestions to the authorized body in term of up to 1 April of year, proceeding the planning year

      4. An authorized body shall provide the plan formation of statistical works, schedule of presentation of primary statistics by the respondent and schedule of distribution of official statistical information in term of up to 1 July of year, proceeding the planning year

      Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.11.2018 № 192-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Article 20. Statistical observations

      1. Statistical observations shall be conducted by the bodies of the state statistics in accordance with the statistical methodology on statistical forms.

      2. Interference of the central and local executive bodies and their civil servants and bodies of local self-government, individuals and (or) legal entities, their associations upon conducting of the statistical observations shall not be allowed.

Article 21. National censuses

      1. Necessity of conducting of national censuses shall be determined by the Government of the Republic of Kazakhstan on suggestion of the authorized body.

      2. National censuses shall be taken by the authorized body out of the plan of statistical works.

      3. Upon conducting of national censuses the coordination of activity of central and local executive bodies may be imposed by the Government of the Republic of Kazakhstan as on the authorized body, as on the specially established commission.

      4. Information, received during the national censuses shall be related to the primary statistics and shall not be used in order causing of property and moral damage to individual or legal entity, difficulties of exercising of their rights and freedoms.

      5. Primary statistics shall be represented by the respondents upon conducting of the national censuses in a mandatory manner on the basis without compensation.

Article 22. Statistical methodology

      1. When carrying out statistical activities, it is obligatory to use statistical classifiers developed and approved in the order determined by the authorized body.

      2. Statistical methodology shall be developed by the state bodies, relating to the bodies of the state statistics, and shall be confirmed by the authorized body on agencies’ statistical observations and formation of statistical information, except for the cases, provided by paragraph 3 of this Article.

      3. Statistical methodology shall be developed and confirmed by the National Bank of the Republic of Kazakhstan in coordination with the authorized body on agencies’ statistical observations, conducting by the National Bank of the Republic of Kazakhstan, and formation by them the statistical information.

      4. Statistical methodology shall be developed on the basis of scientific methods and approaches, and shall be developed by the bodies of the state statistics and shall be accessible.

      5. Interference of the state bodies, their civil servants, as well as other persons in formation of statistical methodology shall not be allowed.


Article 23. Statistical classifiers and registers

      1. When carrying out statistical activities, it is obligatory to use statistical classifiers developed and approved in the order determined by the authorized body.

      2. An authorized body shall carry out maintenance of the following statistical registers for formation of the statistical information:

      1) statistical business – register;

      2) statistical register of population;

      3) agricultural statistical register;

      4) statistical register of housing fund.

      3. Statistical registers shall be maintained only in the statistical purposes and may not be used for official confirmation of property and (or) quantitative characteristics of the statistical units, containing in the registers.

      4. Statistical business – register shall include information on registered individual entrepreneurs and legal entities, their separate subdivision in the territory of the Republic of Kazakhstan.

      5. Statistical population register shall contain information on individuals, residing in the territory of the Republic of Kazakhstan, as well as on citizens of the Republic of Kazakhstan, temporary residing out of its beyond.

      6. Agricultural statistical register shall include information on the subjects, produced the agricultural products in the Republic of Kazakhstan.

      7. Statistical register of housing fund shall include information on dwellings of all forms of ownership of the Republic of Kazakhstan.

      8. Data updating of statistical register shall be executed on the basis of primary statistical and (or) administrative data.

      Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 29. 10. 2015 № 376-V (shall be enforced from 01.01.2016); № 184-VI of 05.10.2018 (shall be enforced upon the expiration of six months after the date of its first official publication).

Article 23-1. State monopoly in the field of the state statistics

      1. The following types of activity shall be related to the state monopoly in the field of the state statistics:

      1) gathering, processing of primary statistics, represented by the territorial bodies of statistics and respondents, received upon national statistical observations and national censuses, and its storage in electronic form;

      2) formation, management and updating of informative and statistical systems, data basis and its platform, registers of statistics, web-site of the authorized body;

      3) formation of the statistical publications and distribution of official statistical information, subject to distribution by the authorized body in accordance with the schedule of distribution of statistical information;

      4) formation of statistical information, not provided by the schedule of distribution of official statistical information.

      2. Types of activity, mentioned in paragraph 1 of this article shall be carried out by the republican enterprise founded on the right of economic competence, created by the decision of the Government of the Republic of Kazakhstan.

      3. Prices for goods (works, services), executed and (or) realized by the subject of the state monopoly shall be established by the authorized body by agreement with anti-monopoly body.

      Footnote. Chapter 3 is supplemented by Article 23-1 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2012 No. 34-V(shall be enforced from the date of its official publication); as amended by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 24. Formation sources of statistical information

      Upon formation of statistical information as the source shall serve:

      1) primary statistics;

      2) administrative data;

      3) statistical information of the state bodies;

      4) Statistical information of the bodies of statistics of other states and international organizations.

Article 25. Processing and storage

      1. Primary statistics, received upon conducting of the statistical observations and (or) administrative data shall be processed in accordance with the statistical methodology and with observance of the principles of the state statistics.

      2. Paper medium, containing the primary statistics or administrative data, shall be held not less than one year from the date of distribution of official statistical information, formed on the basis of specified data. Electronic media, containing the primary statistics and administrative data shall be held not less than fifty years.

Article 26. Distribution of the statistic information

      1. Official statistical information shall subject to distribution in accordance with the schedule of distribution of official statistical information in the amounts, provided by the plan of statistical works.

      2. Bodies of the state statistics shall provide the users with equal rights to simultaneous access to qualitative official statistical information and statistical methodology by its placement on web-sites of bodies of the state statistics.

      3. Statistical information, not provided by the schedule of distribution of official statistical information and requiring the additional expenditures on its processing, shall be presented on compensated basis.

      Reporting of statistical information on the basis without compensation, not provided by the schedule of distribution of official statistical information and developed on the bases of primary statistics, represented by the respondents in accordance with the schedule of presentation of primary statistics by the respondents is possible on the basis of non-recurring requests of the state bodies in order exercising of powers by them in accordance with the legislation of the Republic of Kazakhstan in compliance of requirements of Article 8 of this Law according to the procedure, established by the authorized body.

      4. Distribution of statistical information shall be ensured with observance of norms of the legislation of the Republic of Kazakhstan.

      5. Statistical information, forming on administrative data, shall be distributed independently by the state bodies.

Chapter 4. FINAL PROVISIONS

Article 27. Responsibility for violation of the legislation of the Republic of Kazakhstan in the field of the state statistics

      1. Violation of the legislation of the Republic of Kazakhstan in the field of the state statistics shall entail responsibility, established by the Laws of the Republic of Kazakhstan.

      2. Employees of state statistics bodies shall be responsible for the loss, sale, transfer and other illegal disclosure of primary statistical data, statistical information and (or) databases, allowing to identify the respondent, in the order established by the laws of the Republic of Kazakhstan.

      3. Damage, caused to individual or legal entity in the result of loss, divulgence of primary statistics or statistical information and (or) data basis, allowing to recognize the respondent, by the employees of bodies of the state statistics or their civil servants shall subject to compensation according to the procedure, established by the legislation of the Republic of Kazakhstan.

      Footnote. Article 27 as amended by the Law of the Republic of Kazakhstan dated 05. 07. 2014 № 236-V (shall be enforced from 01.01.2015).

Article 28. The order of enforcement of this Law

      1. This Law shall be enforced upon expiry of ten calendar days after its first official publication.

      2. The Law of the Republic of Kazakhstan dated 7 May, 1997 “On state statistics” (Bulletin of the Parliament of the Republic of Kazakhstan, 1997, No. 9, Article 91; 2001, No. 4, Article 23; 2002, No. 1, Article 3; No. 17, Article 155; 2004, No. 23, Article 142; No. 24, Article 143; 2007, No. 4, Article 33; 2009, No. 18, Article 84; The Law of the Republic of Kazakhstan dated 30 December, 2009 “On introduction of amendments and additions to the several legislative acts of the Republic of Kazakhstan on issues of compulsory and mutual insurance, tax assessment”, published in the newspapers “Егемен Қазақстан” and “Казахстанская правда” 9 February, 2010) shall be considered to have lost force.

The President


of the Republic of Kazakhstan

N.Nazarbayev


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