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On access to information

New Unofficial translation

Law of the Republic of Kazakhstan dated November 16 2015 No. 401-V.

      Unofficial translation

      This Law regulates the social relations, arising in a result of implementation of constitutional law of everyone to freely receive and disseminate information by any means not prohibited by law

Article 1.Basic definitions used in this Law

      The following basic definitions shall be used in this Law:

      1) information – data on persons, subjects, facts, events, phenomena and process, received or created by information holder, fixed on any storage and having requisite, allowing to identify it;

      2) access to information – state-guaranteed, formalized in Constitution and Laws of the Republic of Kazakhstan the right of everyone to freely receive and disseminate information in any way not prohibited by law;

      3) Information user – an individual or legal entity, requesting and (or) using information;

      4) internet-portal of open-to-buy budget – a component of internet-portal "electronic government", ensuring the placement of budgetary reporting, consolidated financial statements, government auditing results and financial control, as well as public discussion of projects of budget programs and reports on implementation of budget programs;

      5) open data – publicly available electronic informational resources, represented in machine-readable form and intended for further use, republishing remain intact;

      6) internet-portal of open data – a component of web-portal "electronic government", ensuring the centralized storage descriptive and reference information on open data;

      7) internet-portal of open regulatory legal act – a component of web-portal "electronic government", ensuring the placement of projects of concept bills and regulatory legal act;

      8) classified information – information, referred the state secrets, private, family, medical, bank, commercial other secrets protected by the law, as well as official information marked "For official use only";

      9) blog platform of chief executive officers of state bodies – a component of web-portal "electronic government", ensuring a possibility of direction the requires by citizens and receiving the answers on them from chief executive officers of State bodies;

      10) a unified platform of Internet resources of state bodies - a technological platform designed for placing of Internet resources of state agencies;

      11) internet-portal of performance evaluation of state bodies– a component of web-portal "electronic government", providing the placement of information on the assessment of State bodies’ activity, reports on the achievement of target indicators of strategic plans and development programs of territories, as well as public discussion of the activity of state bodies;

      12) request – a polite ask in oral or written form, including the form of an electronic document, on the provision of information, sounded or directed to the information owner in the manner established by this Law.

Article 2.The legislation of the Republic of Kazakhstan on access to information

      1. The legislation of the Republic of Kazakhstan On access to information is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

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

Article 3.The scope of application of this Law

      1. This Law shall remain in effect in the territory of the Republic of Kazakhstan and shall be distributed on the public relations, linked with the accession to information not related to information with restricted access.

      2. The operation of this Law shall not apply to appeals of individuals and legal entities, the procedure for consideration of which is established by the legislation of the Republic of Kazakhstan on administrative infractions, criminal procedural, civil procedural legislation of the Republic of Kazakhstan.

      3. The operation of this Law shall not apply to the manner of consideration the requests established by the Law of the Republic of Kazakhstan on “the National Archival Fund and Archives".

      4. The operation of this Law shall not apply to the manner of providing the information by mass media, provided by Law of the Republic of Kazakhstan "On Mass Media".

Article 4. Basic principles of ensuring the access to information

      Ensuring the access to information shall base on the principals:

      1) legality

      2) openness and transparency of information holders’ activity;

      3) credibility and fullness;

      4) actuality and timeliness;

      5) equable access to information;

      6) non-disclosure of the state secrets and other secrets protected by the law;

      7) personal privacy, personal and family secrets;

      8) observance of rights and legal interests of individual and legal entities.

Article 5.Limitationofthe right on access to information

      The right on access to information can be limited only by laws and only to the extent necessary for the safety of the constitutional order, the defense of public order, human rights and freedoms, public health and morality.

Article 6 Information, access to which shall not be restricted

      Access to the following information shall not be restricted:

      1) emergency situations and disasters that threaten the safety and health of citizens and their consequences, as well as natural disasters, their official forecasts and consequences;

      2) on health situation, sanitation, demography, migration, education, culture, social security, economy, agriculture, as well as the crime situation;

      3) facts of the commission of terrorism acts;

      4) the state of ecology, fire safety, as well as on the sanitary-epidemiological and radiation situation, food safety;

      5) privileges, compensations and benefits provided to individuals and legal entities by the state;

      6) facts of violation of human and civil rights and freedoms;

      7) on the size of the gold and foreign exchange reserves of the National Bank of the Republic of Kazakhstan;

      8) containing texts of normative legal acts of the Republic of Kazakhstan, with the exception of normative legal acts containing state secrets and other secrets protected by law, as well as their projects;

      9) the formation and expenditure of funds from the republican and local budgets, with the exception of information containing state secrets;

      10) control over the expenditure of funds from the republican and local budgets, with the exception of information containing state secrets;

      11) facts of violation of the lawfulness of information owners, their civil servants;

      12) mass repressions on political, social and other grounds, including that located in the archives, with the exception of information related to state secrets of the Republic of Kazakhstan.

Article 7.Rights and duties of the information user

      1. The information user shall have the right:

      1) receive and disseminate information in any way not prohibited;

      2) apply for information;

      3) verify the reliability and completeness of the information receive;

      4) recall the request;

      5) not justify the necessity for receiving information;

      6) to appeal against unlawful restriction of the right on access to information, actions (inaction) of civil servants;

      7) demand, in accordance with the procedure established by law, compensation for material damage and moral harm caused to him by violation of his right on access to information.

      2. The information user shall be obliged to comply with the requirements of this Law.

Article 8.Information holder

      The information holders are:

      1) bodies and institutions of the legislative, executive and judicial branches of state power, local government and self-government bodies;

      2) state institutions that are not state bodies;

      3) subjects of the quasi-state sector;

      4) legal entities that are recipients of budgetary funds - with regard to information related to the use of funds allocated from the state budget;

      5) subjects of the state monopoly - with regard to information relating to prices for produced (sold) goods (works, services) by them;

      6) legal entities - in terms of their environmental information, information on emergency situations, natural and man-made disasters, their projections and consequences, the state of fire safety, sanitary and epidemiological and radiation situation, food safety and other factors that have a negative impact on health and ensuring the safety of citizens, settlements and production facilities.

      Footnote. Article 8 as amended by Laws of the Republic of Kazakhstan dated 28.12.2016 No. 34-VІ (shall be enforced from01.01.2017).

Article 9. Rights and obligations of information holder

      1. The information holder shall have the right:

      1) to send a request to the relevant information owner, whose competence is to provide the requested information;

      2) clarify the content of the request from the person who applied for the request;

      3) refuse to provide information in cases and on the grounds established by the laws of the Republic of Kazakhstan.

      2. The information holder is obliged to:

      1) provide access to information;

      2) provide, within the limits of their authority, the organizational technical and other conditions that necessary to ensure access to information;

      3) provide reliable and complete information;

      4) ensure, in the provided information, the availability of information about the civil servants in an amount sufficient for identification;

      5) ensure compliance with the statutory deadlines for the provision of information;

      6) keep records, generalization and analysis of requests;

      7) create the necessary conditions for the disabled persons when providing information;

      8) ensure the uninterrupted functioning of Internet resources containing information;

      9) provide the advance training for civil servants and employees in the field of providing access to information;

      10) conduct an internal control over the quality and timeliness of the provision of information;

      11) comply with legislation of the Republic of Kazakhstan on state secrets and other secrets protected by law;

      12) put up the information on a permanent basis, in the form of public data, on the Internet portal of open data that does not relate to information with restricted access;

      13) carry out other duties provided by this Law and the legislation of the Republic of Kazakhstan.

      3. In addition to the duties specified in paragraph 2 of this article, heads of central executive bodies (with the exception of the Ministry of Defense of the Republic of Kazakhstan), akims and heads of national higher educational institutions shall obliged report to the population on executed work.

      Footnote. Article 9 as amended by Laws of the Republic of Kazakhstan dated 06.04.2016 No. 484-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10.Ways of providing access to information

      Access to information shall provide in the following ways:

      1) provision of information on request;

      2) publication of information in the premises occupied by the information holders, and in other places designated for these purposes;

      3) providing access to meetings of the colleges of state bodies in accordance with the legislation of the Republic of Kazakhstan and online broadcasting of open meetings of the Chambers of the Parliament of the Republic of Kazakhstan, including joint, local representative bodies of the region, the city of the republican significance, the capital and colleges of state bodies conducted by the end of the year, on Internet resources;

      4) hearing and discussing reports of the heads of central executive bodies (with the exception of the Ministry of Defense of the Republic of Kazakhstan), akims and heads of national higher educational institutions;

      5) publication of information in the mass media;

      6) publication of information on the Internet resource of the information holder;

      7) publication of information on the relevant components of the web portal “electronic government”;

      8) in other ways not prohibited by the legislation of the Republic of Kazakhstan.

      Footnote. Article 10 as amended by Laws of the Republic of Kazakhstan dated 06.04.2016 No. 484-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 11.Provision of information on request

      1. Information on request shall be provided by free of charge.

      2. Any information shall be available on request, except for information with restricted access.

      3. The request shall be addressed to the information holder, whose competence is to provide the requested information.

      The request can be presented orally or in written form, including in the form of an electronic document.

      4. The information user may address an oral request in person or by phone.

      The answer to the oral request shall be provided for the following information:

      1) work schedule of the information holder;

      2) postal addresses, e-mail addresses and (or) Internet resources, telephone information services of information holders, their structural divisions, territorial bodies and subordinate organizations, as well as data on their leaders;

      3) the procedure for the admission of individuals and representatives of legal entities;

      4) the procedure for consideration of inquiries, requests, applications and complaints of individuals and legal entities;

      5) the procedure for the provision of public services;

      6) schedules of consideration of court cases;

      7) data on the date and venue of open competitive bidding (auctions, tenders);

      8) time, the place of convocation of a local community meeting, local community meetings and the discussed issues;

      9) details on the mass media established by the information holder (if any);

      10) telephone number for receiving the information on vacant posts.

      In case of providing an answer to oral request, the name and position of the person who provided the response shall be indicated.

      5. The written request shall specify:

      1) last name, first name, patronymic name (if it is indicated in the identity document), the individual identification number of individual, requesting the information;

      2) in case of applying on behalf of a legal entity - full name of the legal entity, business identification number, reference number and date, name, initials and position of the person who signed the request.

      The request shall include the postal address or e-mail address, telephone or fax, other means of communication.

      A written request shall be signed by an individual or a representative of a legal entity. The request in the form of an electronic document shall be certified by an electronic digital signature.

      A request in electronic form, sent via the blog platform of the chief executive officers of state bodies, is equated to a written request.

      The request sent via the blog platform of the chief executive officers of state bodies shall not require its signing by the information user, provided that he has an account on the web portal "electronic government" and connection the line number of the information user, provided by the mobile operator.

      6. The information user who directly addressed the information holder and submitted the request in written form shall be given a coupon indicating the date and time, last name and initials of the person who accepted the request.

      7. Written requests submitted in accordance with the procedure established by this Law, with the exception of anonymous requests, shall be subject to mandatory acceptance, registration, record and consideration.

      8. Written requests may be entry through a representative of an individual or legal entity. Registration of representation shall be made in the order established by the civil legislation of the Republic of Kazakhstan.

      9. Requests received by public information systems and corresponding to the requirements of the legislation of the Republic of Kazakhstan on electronic document and electronic digital signature shall be considered in the order established by this Law.

      10. An answer to a written request shall be provided within fifteen calendar days from the date of receipt to the information holder.

      In cases when the requested information falls within the competence of several information holders and when an answer to a written request requires the receipt of information from other information holders, the review period can be extended only once by the information holder for no more than fifteen calendar days, which the information user shall be notified within three business days from the date of extension of the review period.

      11. A written request received by the information holder, whose competence does not include the provision of the requested information, shall be sent to the appropriate information holder within a period not later than three business days from the date of receipt of the request, while notifying the information user that sent the request about it.

      12. The answer to a written request shall be provided by the information user's choice of on paper and (or) electronic forms in the language of the request.

      The answer to oral request shall be provided orally in the language of the request.

      13. If the answer to a written request requires copying or printing, then the information user shall be obliged to compensate the actual costs of copying or printing to the information holder.

      The amount of actual costs for copying or printing and the procedure for their payment shall be determined by the Government of the Republic of Kazakhstan. Tariffs for copying or printing and the procedure for their payment shall be subject to mandatory publication in periodicals distributed throughout the territory of the Republic of Kazakhstan and placement on the Internet resources of information holders.

      From the payment of the actual costs of copying or printing, socially vulnerable sections of the population shall be released in the manner determined by the Government of the Republic of Kazakhstan.

      14. The answer to a written request shall include: the name, postal address of the information holder, the post of the person who signed the answer, date and number of registration of the request.

      15. If the requested information is placed in the manner established by this Law, the information owner can notify the information user about this, but not later than three business days, while sending him details about the methods and place of access to the requested information.

      Upon repeated application, the information holder shall provide the requested information in the manner provided by this article.

      16. The provision of access to information shall be refused if:

      1) the content of the request does not allow to establish the requested information;

      2) the request does not comply with the requirements of this Law;

      3) the requested information relates to information with restricted access;

      4) the request raises the issue of the legal assessment of acts adopted by the information holder, analysis of the information holder's activity or subordinate bodies and organizations to them, or conducting other analytical work before its completion;

      5) before adoption of a decision on the results of inspections conducted within the framework of state control and supervision;

      6) before adoption of a final decision based on inter-departmental and intra-departmental correspondence or on the basis of meetings in state bodies;

      7) before adoption of a mutual agreement on the conditions for disclosure of documents received from foreign states or international organizations.

      17. A reasoned answer the refusal of providing information on a written request is communicated to the information user within five business days from the date of registration of the request.

      18. Heads of information holders bear personal responsibility for organizing the work with requests, for the condition of their reception, registration, record and considerationЛичную.

Article 12.Placement of information in the premises occupied by information holders

      1. Holders of information place information stands and (or) other technical means of a similar purpose with information about their activity in the premises they occupy.

      Upon placing information stands and (or) other technical means of a similar purpose, the information holders shall be obliged:

      to provide round-the-clock free access to them;

      to make conditions for free access to them for the disabled persons.

      2. The information specified in paragraph 1 of this article contains:

      1) the procedure for the information holder, including the procedure for the reception of individuals and representatives of legal entities;

      2) conditions and procedure for obtaining information;

      3) other details.

Article 13.Ensuring access to meetings of collegial bodies of state bodies

      1. Meetings of the Chambers of the Parliament of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan and the collegial bodies of the central executive bodies and local representative and executive bodies of the region, the city of the republican significance, the capital, the district (city of regional significance) of the Republic of Kazakhstan are public, with the exception of closed meetings.

      Access of information users to open meetings shall be provided in accordance with the legislation of the Republic of Kazakhstan.

      2. The chambers of the Parliament of the Republic of Kazakhstan, local representative bodies of the region, cities of republican significance, the capital of the Republic of Kazakhstan shall ensure the broadcasting of public meetings, and state bodies - colleges held at the end of the year, online on Internet resources.

Article14.Reports of the heads of central executive bodies, akims and heads of national higher educational institutions

      Heads of central executive bodies (with the exception of the Ministry of Defense of the Republic of Kazakhstan), akims and heads of national higher educational institutions shall report to the population about the executed work at least once a year.

      The order carrying out the reporting meetings shall be determine by the legislation of the Republic of Kazakhstan.

      Footnote. Article 14 is in the wording of the Law of the Republic of Kazakhstan dated 06.04.2016 No. 484-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article15. Placement of information in the mass media

      Placement of information in the mass media is carried out in accordance with the legislation of the Republic of Kazakhstan.

Article16. Placement of information on Internet resources

      1. Information holders create Internet resources.

      2. Information holders specified in subparagraph 1) of Article 8 of this Law place Internet resources on a unify platform of internet resources of state bodies.

      3. Information holders within their competence shall be obliged to place on Internet resources:

      1) general information on the activity of the information holder:

      organizational structure of information holders, details on their heads;

      official news (press releases) on the activity of information holders;

      official calendars of upcoming events in the activities of information holders;

      texts of official speeches and official statements of heads of information holders and their deputies;

      details on state and sectoral programs, concepts, doctrines, programs and plans for the development of territories, strategic plans, strategies and plans for the development of the relevant industry, projects of targeted programs and concepts;

      information on the activity of the advisory board (councils, commissions) in which the information holder is the working body;

      information on the use of funds of the republican and local budgets, the National Fund of the Republic of Kazakhstan;

      information messages about the participation of the information holder in targeted and other programs, international cooperation;

      information reports on the results of inspections conducted by the state body, its territorial bodies, local self-government bodies, subordinate organizations within their authority, as well as on the results of inspections conducted in the state body, its territorial bodies, local government bodies, subordinate organizations;

      reports and reports on the executed work;

      the results of the assessment of the efficiency of central and local executive bodies in the implementation of public policy;

      the results of public monitoring of the quality of public services;

      2) the list of structural subdivisions of the information holder and his subordinate organizations, their tasks and functions, as well as details on their heads;

      3) a list of the territorial bodies of the information holder (if any), their tasks and functions, as well as details on their heads;

      4) normative legal acts regulating the competence, powers, tasks and functions of the information holder;

      5) information on the standard-setting activities of the information holder:

      list of normative legal acts adopted by the information holder;

      normative legal acts adopted by the information holder and put into effect in full accordance with the signed original;

      texts of projects of normative legal acts developed by the information holder, as well as explanatory notes, comparative tables, conclusions of scientific expertise and expert opinions of private entrepreneurs;

      projects of state service standards developed by the information holder, as well as reports on the completion of their public discussion;

      6) Information on informational resources and services:

      details on the mass media established by the information holder (if any);

      databanks, record, registers, cadastres are managed by the information holder;

      lists of publicly available electronic informational resources and electronic services provided to individuals and legal entities;

      details on state procurement in the manner prescribed by the legislation of the Republic of Kazakhstan on state procurement;

      7) statistical information:

      departmental statistical databases;

      information characterizing the condition and dynamics of the development of the industry (sphere) insofar as it relates to the competence of the information holder;

      8) analytical reports and information-related surveys on the activities of the information holder;

      9) conclusions, expert assessments, recommendations and other analytical materials of international organizations on the activities of information holders;

      10) information on the procedure of information holders’ work:

      the procedure carrying out the allowing actions (licensing, accreditation, registration, etc.) (subject to such authority) by the information holder;

      samples of applications and requests accepted by the information holder for consideration in accordance with laws and other normative legal acts of the Republic of Kazakhstan;

      11) information on holding competitive tenders, tenders:

      information on open competitive beddings (auctions, tenders), examinations and other events and the conditions for their conduct;

      conditions for the participation of individuals and legal entities;

      protocols of held open competitive biddings(auctions, tenders);

      12) procedure for the admission of individuals and representatives of legal entities;

      13) procedure for consideration of applications of individuals and legal entities;

      14) transcripts and (or) protocols of open meetings of collegiate bodies;

      15) data on population surveys, generalization and analysis of requests for information receiving;

      16) availability of the "Question-answer" service;

      17) interactive surveys of citizens;

      18) news feed;

      19) postal addresses, e-mail addresses, reference services’ telephones of information holders, their structural divisions, territorial bodies and subordinate organizations;

      20) information repeatedly (two or more times during three consecutive calendar months) requested by information holders;

      21) other information, the obligation of placement that established by the legislation of the Republic of Kazakhstan, or information placement of that the information holder considers necessary.

      4. Along with the details specified in paragraph 3 of this article, state bodies within their competence shall also post on Internet resources:

      1) information in the sphere of budget funds:

      projects of the republican and local budgets;

      budgetary reporting;

      consolidated financial statements;

      results of state audit and financial control;

      2) information on announced contests for the employment of vacant administrative state posts;

      3) legal acts, with the exception of legal acts regulating personnel and financial issues, issues of organization of intra-departmental work;

      4) standards and regulations of state services;

      5) information on received and used grants provided by a foreign state, international or foreign organization and / or fund.

      5. Along with the information specified in paragraph 3 of this article, the Central State body of Archive and Documentation Management posts on their Internet resource the Collection (Catalog) of data on the composition and content of documents of the National Archival Fund.

      6. Along with the details specified in paragraph 3 of this article on the Internet resources of the courts of the Republic of Kazakhstan, the following shall also be publishing:

      1) judicial acts, with the exception of those not to be placed in open access;

      2) schedules of consideration of court cases taking into account the restrictions established by the legislation of the Republic of Kazakhstan.

      7. Along with the information specified in paragraph 3 of this article, on the Internet resources of the local executive bodies of the district, the city of regional significance, the city of the republican significance, the capital shall also be placed:

      1) legal acts, with the exception of legal acts regulating personnel and financial issues;

      2) standards and regulations of state services;

      3) reports of heads of executive bodies financed from the local budget;

      4) information on received and used grants provided by a foreign state, international or foreign organization and / or fund;

      5) information on announced contests for the employment of vacant posts of the administrative state service.

      8. Along with the details specified in paragraph 3 of this article, on the Internet resources of local self-government bodies shall also be placed:

      1) report on the results of monitoring for the use of budget funds allocated on decision the issues of local importance, and revenue sources of local government;

      2) time, place of convocation of a local community gathering, local community meetings and the discussed issues;

      3) protocols of local community gathering or the local community meeting, as well as the decisions taken on them.

      9. Along with the details specified in paragraph 3 of this article, on the Internet resources of the subjects of the quasi-state sector shall also be placed:

      1) information on declared vacant posts;

      2) qualification requirements for candidates for vacant posts;

      3) telephone for the receiving information on vacant posts.

      10. Information on the use of funds allocated from the state budget and not referred restricted to information with limited access shall be posted on the Internet resources of budget recipients.

      11. Normative legal acts regulating the issues of pricing for goods that produced and realized by market subjects occupying a monopoly position, as well as prices for goods on produced (realized) (works, services) by them shall be placed on the Internet resources of market subjects occupying a monopoly position.

      12. The information holder that not having a technical possibility to place information on its own Internet resource, places it on the Internet resource of the local executive body.

      13. Updating the news line on the internet resource of the information holder should be carried out daily, updating of other sections is carried out not later than three business days from the date of receipt or creation of the information.

      14. Information on the Internet resource shall be provided in Kazakh and Russian languages. The Internet resource of the information holder can have versions in other languages.

      15. Information with restricted access shall not be subject of place on on the Internet resource of the information holder.

      16. Free access to normative legal acts via the Internet is also provided through web portal "electronic government" in accordance with the legislation of the Republic of Kazakhstan.

      Footnote. Article 16 as amended by Laws of the Republic of Kazakhstan dated 28.12.2016 No. 34-VІ (shall be enforced from 01.01.2017).

Article 17.Placement of information on the web portal of "electronic government"

      1. Information users may receive and use information, that placed on the components of web portal "electronic government" in accordance with this Law, as well as participate in its discussion, upon the condition of registration on web portal "electronic government".

      2. On the Internet portal of open data, the information holders specified in subparagraph 1) of Article 8 of this Law shall publish open data.

      The authorized body in the field of informatization shall have the right to request open information from information holders for placement the open data on the results of a public opinion survey on the “electronic government” web portal, on the needs of the population of the Republic of Kazakhstan in open data.

      The information holders also shall have the right to place information on the Internet portal of open data on their own initiative.

      Placement of information on the Internet portal of open data is carried out in the manner established by the legislation of the Republic of Kazakhstan in the field of information.

      3. On the Internet portal of open budgets, the information holders specified in subparagraph 1) of Article 8 of this Law shall place budgetary reporting, consolidated financial reporting, the results of state audit and financial control, as well as public discussion of budget programs projects and reports on the implementation of budget programs.

      Placement of information on the Internet portal of open budgets is carried out in accordance with the procedure established by the authorized body in the field of informatization in coordination with the central authorized body for state planning and the central authorized body for budget execution.

      4. On the Internet portal of open normative legal acts, the state bodies that develop projects normative legal acts prior to sending for approval to interested state bodies for public discussion, place projects of concepts of projected laws and normative legal acts together with explanatory notes and comparative tables to them (in cases of making changes and (or) amendments to legislative acts). Reports on the results of public discussion shall also be placed on the Internet portal of open normative legal acts.

      Placement of information on the Internet portal of open normative legal acts shall carried out in accordance with the legislation of the Republic of Kazakhstan.

      5. Information on the assessment of the activities of state bodies, reports on the achievement of target indicators of strategic plans and development programs of the territories, and also a public discussion of the activities of state bodies shall placed within their competence on internet portal on the assessment of efficiency of the activities of state bodies by the information holder specified in subparagraph 1) of Article 8 of this Law;.

      Placement of information on the Internet portal for assessing the efficiency of state bodies shall carried out in accordance with the procedure established by the authorized body in the field of informatizaton in consultation with the central authorized body on state planning.

Article 18.Appeal against unlawful restriction of the right on access to information

      1. An unlawful restriction of the right on access to information may be appealed to a higher state body (a higher civil servant) or to a court.

      2. A complaint on actions (inaction) of civil servants, as well as decisions of state bodies, shall be submitted to a higher civil servants or body or to the court no later than three months after the citizen be known on the commission of an action or adoption of a decision by the relevant civil servant or body. Missed period for appeal shall not be the grounds for a state body or civil servant or court to refuse in acceptance of a complaint. There as on for missing period shall clarified up on considering the complaint on the essence and may be one of the grounds for refusing to satisfy the complaint.

Article19.Commission on access issues to Information

      In order of account and protect public interests in the field of access to information, as well as to satisfy the needs of the information users, under authorized body, determined by the Government of the Republic of Kazakhstan shall set up an advisory and consultative body - Commission on Access issues to Information.

      The activity of the Commission on access issues to information shall carried out on the ground of transparency and openness upon the discussion and solution of issues within its competence.

      The Regulation on the procedure of the Commission’ activity on access issues to information shall approved by the Government of the Republic of Kazakhstan.

Article20.Liability for violation of the legislation of the Republic of Kazakhstan on access to information

      Violation of the legislation of the Republic of Kazakhstan on access to information entails responsibility established by the laws of the Republic of Kazakhstan.

      Article21.Order of enforcement of this Law

      This Law shall be enforced upon expiry of ten calendar days after its first official publication, with the exception of subparagraph 3) of Article 10 and subparagraph 5 of Article 17, that shall be enforced from 1 January, 2017.

The President

of the Republic of Kazakhstan

N. NAZARBAYEV


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Hint: Browser has internal on-page search. It works faster and is usually activated by pressing ctrl-F.