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On cinematography

New Unofficial translation

Law of the Republic of Kazakhstan dated January 3, 2019 No. 212-VІ ZRK

      Unofficial translation

      This Law shall regulate social relations and define the legal, economic and organizational framework of cinematography.

Article 1. Basic concepts used in this Law

      For the purposes of this Law, the following basic concepts shall be used:

      1) socially significant films - topical films, including historical ones, aimed at enhancing the patriotic, spiritual, moral, intellectual and cultural potential of society, educating the younger generation;

      2) a co-production film - a film, which is produced with the participation of foreign individuals and (or) legal entities and citizens of the Republic of Kazakhstan and (or) legal entities of the Republic of Kazakhstan;

      3) debut film – films, produced by novice authors;

      4) voice-over translation - a type of film translation in which the translated speech is overlaid on the original sound track of the work;

      5) cinematography - a branch of culture that unites creative, organizational, industrial, economic, scientific, educational activities, aimed at the production, use and storage of films;

      6) cinematographic organization - a legal entity whose main activities are: film production and (or) film chronicles, film distribution, film screening, film restoration, cinema hall maintenance, film production, performance of work and film production services, educational, scientific, research, publishing, promotional activities in the field of cinematography, film storage;

      7) film project - a set (package) of documents and materials (script, directorial explication, estimates for film production, production schedule, marketing plan, visual materials), on the basis of which the film is produced and released;

      8) film chronicles - documentary scenes, reflecting the characteristic features of time, place, circumstances, and intended for film production;

      9) films, produced in the Republic of Kazakhstan – films, produced by citizens of the Republic of Kazakhstan and (or) legal entities of the Republic of Kazakhstan and whose copyright holders are also the citizens of the Republic of Kazakhstan and (or) legal entities of the Republic of Kazakhstan;

      10) the State film fund - a legal entity, determined by the Government of the Republic of Kazakhstan, to store films;

      11) the State register of films - a list of films that are released and shown in the territory of the Republic of Kazakhstan;

      12) event films — films for jubilee and memorable dates, dedicated to prominent personalities, socially significant and important events;

      13) subtitling - the process of adding textual support of a film in the original language or translated, duplicating and (or) supplementing the dialogues and actions in scenes;

      14) an authorized body - the central executive body that exercise management and inter-sectoral coordination in the field of cinematography;

      15) certificate of a national film - a document of a prescribed form, certifying the right of an individual or legal person to the state support measures, provided for by this Law;

      16) a film - an audiovisual work, created on the basis of a creative concept, consisting of an image and sound, recorded on a carrier and combined into a thematic whole;

      17) film dubbing (dubbing) - a creative and production activity, consisting of the synchronous reconstruction of the language part of a film’s sound range in another language by means of a translation that corresponds to syllable articulation of the characters;

      18) a film distribution certificate (hereinafter referred to as a distribution certificate) - a standard document, certifying the right of an individual or legal entity to distribute a film in the territory of the Republic of Kazakhstan, which indicates technical information about the film, information about the creators, age category and film genre;

      19) film storage – activities, aimed at ensuring reliable, long-term storage of films and film chronicles and their initial materials, preventive processing, restoration and rehabilitation of initial materials and copies of films;

      20) initial materials of films and film chronicles - negatives, duplicate negative, picture negative, phonogram negative, reference copy, installation videos, passports and recordings to them, control copy of the film, the original of magnetic phonograms of dubbing, music, noise, video tape recording -master, CD and other materials necessary for the replication of the film in any material form;

      21) film screening - a public demonstration of the film, carried out in the cinema, on television and radio channels, distributed in telecommunications networks and other technical means;

      22) film release – a distribution of the film by ways not prohibited by the laws of the Republic of Kazakhstan, in order to demonstrate it;

      23) film registration – entering information about a film, intended for distribution in the territory of the Republic of Kazakhstan, to the State register of films;

      24) film replication - making one or more copies of the film (circulation) in any material form;

      25) film production - the process of implementing the creative concept of the author, as a result of which the film is created;

      26) limited release - a one-time display of films in cinema halls, the number of which does not exceed ten percent of the total number of cinema halls operating in the territory of the Republic of Kazakhstan.

Article 2. Legislation of the Republic of Kazakhstan on cinematography

      1. The legislation of the Republic of Kazakhstan on cinematography 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 an international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, the rules of the international treaty shall apply.

Article 3. Principles of state policy in the field of cinematography

      State policy in the field of cinematography shall be implemented on the basis of the principles of:

      1) creating conditions for production, use, duplication, release, screening and storage of national films;

      2) stimulating and supporting the distribution and promotion of national films, including in foreign countries;

      3) state support for the development of the creative, production, technical, educational and scientific base of cinematography;

      4) availability of cinematographic works for the population in the territory of the Republic of Kazakhstan;

      5) creating conditions for development of the Kazakh language in the field of cinematography.

Article 4. Competence of the Government of the Republic of Kazakhstan

      The Government of the Republic of Kazakhstan shall:

      1) form the state policy in the field of cinematography;

      2) create the State center for support of national cinema;

      3) perform other functions, assigned to it by the Constitution of the Republic of Kazakhstan, this Law, other Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 5. Competence of the authorized body

      An authorized body within its competence shall:

      1) implement the state policy in the field of cinematography;

      2) conduct the state regulation and support of cinematography;

      3) support and coordinate the activities of state organizations for development of cinematography;

      4) keep the State register of films;

      5) develop and approve the rules for selection of film projects, claiming to be recognized as the national films for the provision of state financial support for their production;

      6) develop and approve the rules for issuance of a distribution certificate;

      7) develop and approve the rules to recognize a film as national and issuance of a certificate of national film;

      8) issue a distribution certificate and a certificate of national film;

      9) develop and approve the rules of financing and standards for amounts of financing for production of film projects, claiming to be recognized as the national films;

      Note RCLI!

      Sub-paragraph 10) shall be valid until 31.12.2025 in accordance with Article 18 of this Law.

      10) develop and approve the rules and conditions for payment of subsidies in the field of cinematography;

      11) make an age classification of films intended for release in the territory of the Republic of Kazakhstan when issuing a distribution certificate;

      12) recognize a film as national in the manner, determined by the legislation of the Republic of Kazakhstan;

      13) promote the development of science and education in the field of cinematography, training, retraining and advanced training of creative and technical personnel;

      14) develop international relations in the field of cinematography, organize the participation of cinematographic organizations in international commissions, festivals, conferences and other events;

      15) provide for systematization and accounting of film releases in the territory of the Republic of Kazakhstan by establishing and maintaining a Unified automated information system to monitor films in the territory of the Republic of Kazakhstan;

      16) monitor the release of films in the territory of the Republic of Kazakhstan;

      17) exercise other powers provided for by this Law, other Laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan.

Article 6. Competence of local executive bodies of regions, cities of republican significance and the capital

      Local executive bodies of regions, cities of republican significance and the capital shall:

      1) implement the state policy in the field of cinematography;

      2) organize work on creation of conditions for accessibility of cinematographic works for the population in the relevant administrative-territorial unit;

      3) in the interests of local government, exercise other powers, assigned to the local executive bodies by the legislation of the Republic of Kazakhstan.

Article 7. Release and screening of a film

      1. Release and screening of a film in the territory of the Republic of Kazakhstan, except for the cases when a film is shown at festivals, seminars, retrospectives, shall be carried out only when it is registered in the State register of films and in accordance with the distribution certificate issued.

      This requirement shall not apply to films produced by cinematographic organizations of the former USSR.

      2. A distribution certificate shall be issued to the film, registered in the State register of films.

      3. The issuance of a distribution certificate shall be carried out in the form, approved by the authorized body.

      4. To obtain a distribution certificate, an individual or legal entity must submit:

      1) an application, addressed to the head of the authorized body;

      2) documents, confirming the right of an individual or legal entity to a film or its use (notarized copies in Kazakh and (or) Russian are attached to the documents in a foreign language);

      3) film annotation;

      4) information about works, used in films, produced in the Republic of Kazakhstan.

      5. An application for obtaining a distribution certificate shall be subject to consideration within seven working days from the date of receipt. Based on the results of consideration of the application, the authorized body shall issue a distribution certificate to an individual or legal entity.

      6. The authorized body shall refuse an individual or legal entity to issue a distribution certificate for the following reasons:

      1) provision by an individual or legal entity of unreliable and (or) corrupted information;

      2) the failure by an individual or legal entity to submit the documents and materials, specified in paragraph 4 of this article;

      3) in case of non-compliance with the requirements, provided for by paragraphs 3 and 5 of Article 9 of this Law;

      4) if the content of the film is aimed at promoting or agitating the violent changes to the constitutional order, violating the integrity of the Republic, destruction of security of the state, inciting social, racial, national, religious, class and tribal strife, the cult of cruelty and violence, and pornography.

      7. In case of establishing the unreliability and (or) corrupted information about the film, which previously served as the basis for issuance of a distribution certificate, the authorized body shall suspend the effect of a distribution certificate.

      The effect of the distribution certificate shall be suspended for the period necessary to eliminate the reasons that caused the suspension of the distribution certificate, but not more than sixty calendar days.

      The decision to suspend the distribution certificate shall be issued by the order of the person who issued it or the person, replacing him, within three working days from the day the circumstances were revealed by the authorized body and shall enter into force from the date of notification of an individual or legal entity who received the distribution certificate about the decision made.

      The effect of the distribution certificate shall be resumed by the order of the person who suspended the distribution certificate, or the person replacing him, within three working days from the date of registration of the written application of an individual or legal entity who received the distribution certificate to eliminate the circumstances that previously caused the suspension of the effect of the distribution certificate.

      In case of failure to eliminate the circumstances that previously served as the basis for suspending the effect of the distribution certificate, the authorized body shall revoke the distribution certificate in court.

Article 8. Age classification of films

      1. All films, produced in the Republic of Kazakhstan and films imported (delivered) into the territory of the Republic of Kazakhstan for release, shall be classified by age with assignment of the following age categories:

      1) "under 6 years old" – films, intended for children under six years old;

      2) "from 6 years old" – films, intended for children over six years old;

      3) "from 12 years old" – films, intended for children over twelve years old;

      4) "from 14 years old" – films, intended for children over fourteen years old;

      5) "from 16 years old " – films, intended for children over sixteen years old;

      6) "from 18 years old" – films, intended for viewers over eighteen years old;

      7) "from 21 years old" – films, intended for viewers over twenty one years old.

      2. The criteria for classifying films by age categories “up to 6 years old”, “from 6 years old”, “from 12 years old”, “from 14 years old” and “from 16 years old” shall meet the criteria, stipulated in the Law of the Republic of Kazakhstan “On protection of children from information harmful to their health and development."

      The age category "from 18 years old" shall include films containing:

      information harmful to the health and development of children, except for the information, prohibited by the Constitution of the Republic of Kazakhstan and the laws of the Republic of Kazakhstan;

      descriptions and (or) images of suicide, murder, problems of family life and divorce, drug and alcohol addiction, diseases, antisocial behavior, undressing, scenes of sexual intercourse or other erotic actions, provided that their plot and artistic task of the film is justified;

      the occasional use of coarse slang words, abusive language, obscene words.

      The age category "from 21 years old" shall include the films:

      containing descriptions and (or) images of any scenes, except for the information prohibited by the Constitution of the Republic of Kazakhstan and the laws of the Republic of Kazakhstan;

      not containing restrictions on the use of coarse slang words, abusive language, obscene words.

      3. Release of the film on TV channels with the age category “from 18 years old” shall be allowed from 22.00 to 06.00, local time, with the age category “from 21 years old” - from 00.00 to 06.00, local time, except for the films, distributed on paid basis with the use of decoding technical devices.

      Release of a film with an age category "from 21 years old" shall be allowed in cinema halls and other places, intended for these purposes, from 22.00 to 06.00, local time.

      4. Individuals or legal entities that have received a distribution certificate and (or) are releasing films in the territory of the Republic of Kazakhstan shall be obliged to inform the viewer about the age category of the film.

      5. The sign of the age category of films “up to 6 years old”, “from 6 years old”, “from 12 years old”, “from 14 years old”, “from 16 years old” and “from 18 years old” must comply with the requirements, stipulated by the legislation of the Republic of Kazakhstan on protection of children from information harmful to their health and development.

      The sign of the age category of films "from 21 years old" shall be indicated by the sign "21+" in a diamond and (or) text warning in the form of the phrase "for viewers who have reached the age of twenty-one."

      6. Information about the age category of the film should be indicated and available to viewers in accordance with the requirements of the legislation of the Republic of Kazakhstan on protection of children from information harmful to their health and development.

Article 9. Language of film release

      1. Films shall be released in the Republic of Kazakhstan in the Kazakh and other languages.

      2. Release of national films should be carried out in the Kazakh language and, if necessary, in other languages.

      3. Films, which are released and shown in cinema halls and other places, intended for these purposes, in the territory of the Republic of Kazakhstan not in the Kazakh language, should be duplicated or subtitled or provided with a voice-over translation into the Kazakh language, except for the films of limited distribution.

      Release and screening of films on TV channels shall be carried out in accordance with the legislation of the Republic of Kazakhstan on television and radio broadcasting.

      4. The obscene words used in the film should be eliminated by appropriate technical means (sound signal).

      5. If other languages are used in the film, produced in the Republic of Kazakhstan together with the Kazakh, during the release or screening, the text in other languages must be subtitled or provided with a voice-over translation into the Kazakh language.

Article 10. Types of films

      1. Films shall be divided by types:

      1) an animated film - a film, created through the use of graphic methods and techniques of visual art, as well as the possibilities of computer graphics with the animation of actions and scenes;

      2) a documentary film - a film, created on the basis of a scenario plot with actual events, facts of reality in the aggregate, which are interpreted by the director by means of camera art, the editing system and other means;

      3) a fiction film - a film, created on the basis of the script and personified by means of acting, directing, cinematography, creativity of director, composer and other actors in the field of cinematography;

      4) a historical film - a film that records current events and facts of reality.

      2. A film of at least fifty-two minutes shall be a full-length film; a film of less than fifty-two minutes shall be a short-length film.

Article 11. Unified automated information system to monitor films in Kazakhstan

      1. In order to systematize and record films in the territory of the Republic of Kazakhstan, the authorized body shall maintain a Unified automated information system to monitor films.

      2. An organization that carries out film screening activities shall keep records and provide information on films to the Unified automated information system to monitor films.

      3. The Unified automated information system to monitor films shall be maintained in the manner, determined by the authorized body.

Article 12. State support in the field of cinematography

      1. State support in the field of cinematography shall be carried out in the following directions:

      1) financing of national films;

      2) financing of film projects, claiming to be recognized as the national films;

      3) preservation of national films and their initial materials as an integral part of the national cultural heritage;

      4) conduct of research in the field of cinematography in accordance with the legislation of the Republic of Kazakhstan on science;

      Note RCLI!

      Sub-paragraph 5) shall be valid until 31.12.2025 in accordance with Article 18 of this Law.

      5) payment of subsidies in the field of cinematography.

      2. State financial support shall be provided for organization of production, release and screening of national films and the related activities, as well as promotion of national films abroad.

      3. Financing of film projects, claiming to be recognized as the national films for which a decision on financing was made, in accordance with this Law, shall be made in the following amounts:

      1) for socially significant films, debut films, event films - up to one hundred percent of the estimated cost of production in accordance with the legislation of the Republic of Kazakhstan; 2) for films of joint production - within the limits provided for under the relevant agreements on production of such films;

      3) for fiction films, intended for a wide audience, may not exceed:

      from January 1, 2019 - ninety percent of the estimated cost of their production;

      from January 1, 2020 - eighty percent of the estimated cost of their production;

      from January 1, 2021 - seventy percent of the estimated cost of their production.

      4. The criteria for assigning films to the categories, specified in paragraph 3 of this article, shall be determined by the authorized body.

      5. Individuals and (or) legal entities that have received state support in the form of financing of a national film, shall make deductions from the income received from the release and screening of national films to the State center for support of national cinema in the amount proportional to the percentage ratio of state support received, in the order, determined by the authorized body.

      Individuals and (or) legal entities that have received state support for production of films, referred to in sub-paragraph 1) of paragraph 3 of this article shall make deductions to the State center for support of national cinema in the amount of twenty percent of the income received from the release and screening of the national films.

      6. In order to develop proposals and recommendations on the issues of the state financial support for national films, an advisory body - Interdepartmental commission on state financial support for national films shall be established under the Government of the Republic of Kazakhstan.

      The decision on financing of film projects claiming to be recognized as the national films shall be made by the authorized body on the basis of the positive conclusion of the Expert council and the recommendation of the Interdepartmental commission on state financial support for national films.

Article 13. State center for support of national cinema

      1. The State center for support of national cinema shall be a non-profit organization, established in the organizational and legal form of a joint stock company, the sole founder and shareholder of which is the Government of the Republic of Kazakhstan.

      2. The bodies of the State center for support of national cinema shall be:

      1) the supreme body - the sole shareholder;

      2) the management body – the board of directors;

      3) the executive body - the board;

      4) other bodies in accordance with the statute of the State center for support of national cinema.

      3. The State center for support of national cinema shall establish an internal audit service.

      4. Assets of the State center for support of national cinema shall be formed at the expense:

      1) of the state property, transferred by the decision of the Government of the Republic of Kazakhstan;

      2) of the contributions of persons, referred to in paragraph 5 of Article 12 of this Law;

      3) voluntary property contributions and donations from other persons;

      4) other contributions not prohibited by the laws of the Republic of Kazakhstan to the State center for support of national cinema.

      5. The State center for support of national cinema shall be a single operator:

      1) of the state financial support for film projects, claiming to be recognized as the national films, and national films;

      Note RCLI!

      Sub-paragraph 2) of part one of paragraph 5 shall be valid until 31.12.2025 in accordance with Article 18 of this Law.

      2) payment of subsidies in the field of cinematography.

      The activities of the State center for support of national cinema shall be aimed at the following goals and objectives:

      1) financing of film projects, claiming to be recognized as the national films;

      2) release and screening of national films, including events related to them (duplication, dubbing, subtitling or voice-over translation, advertising);

      3) participation of national films in international film festivals, the holding of film days and other events aimed at promoting the national film abroad;

      4) organization of staff development in the field of cinematography;

      Note RCLI!

      Sub-paragraph 5) of part two of paragraph 5 shall be valid until 31.12.2025 in accordance with Article 18 of this Law.

      5) payment of subsidies in the field of cinematography.

      6. In order to develop proposals for the recognition of the film as national by the State center for support of national cinema, an Expert council - a consultative and advisory body shall be established, consisting of artists and experts.

      The provision and structure of the Expert council shall be approved by the Government of the Republic of Kazakhstan.

      7. Losses incurred to the State center for support of national cinema shall be reimbursed in the manner, determined by the civil legislation of the Republic of Kazakhstan.

      8. Production of films within the framework of the state information order shall be carried out in accordance with the Law of the Republic of Kazakhstan "On mass media".

Article 14. National film

      1. A film shall be recognized as national for the following reasons:

      1) if the film is created at a high artistic level, is able to satisfy the spiritual needs of the people, serves the public interest, as well as the recognition of the Republic of Kazakhstan through the art of cinema;

      2) during production, distribution and screening of films, at least seventy percent of the total work on the budget is carried out by cinematographic organizations, registered in the territory of the Republic of Kazakhstan;

      3) the film producers are a citizen of the Republic of Kazakhstan and (or) a legal entity, registered in the territory of the Republic of Kazakhstan;

      4) the team of the authors of the film (the author of the script, the director, the director of photography, the artistic director, the author of a musical work) includes not more than fifty percent of persons who are not citizens of the Republic of Kazakhstan.

      2. In accordance with the terms of an international treaty, ratified by the Republic of Kazakhstan, a film made jointly with foreign film organizations can be recognized as national.

      3. A certificate of national film shall be issued for a film recognized as national.

      Note RCLI!

      Article 15 shall be valid until 31.12.2025 in accordance with Article 18 of this Law.

Article 15. Subsidy in the field of cinematography

      A subsidy in the field of cinematography shall be a type of budget subsidy provided on a gratuitous and non-refundable basis to a foreign legal entity (its branch and representative office) that has entered into an agreement to provide subsidies in the field of cinematography (hereinafter - the Agreement), which provides for an investment of at least 130000-fold MCI, established by the law on the republican budget and valid on the date of submission of the application for film production (part, episode) in the Republic of Kazakhstan.

      The subsidy in the field of cinematography shall be provided by reimbursing up to thirty percent of the cost of goods, works and services, related to the production of a film (part, episode) in the Republic of Kazakhstan.

      The agreement shall be a contract under which the Kazakh side undertakes to pay subsidies and a foreign legal entity (its branch and representative office) - to produce a film (part, episode) in the Republic of Kazakhstan.

      The right to conclude the Agreement from the Kazakh side shall be vested in the State center for support of national cinema in coordination with the authorized body and the central authorized body for state planning.

Article 16. Storage of films

      1. The state shall conduct activities, aimed at storage of national films, films, produced in the Republic of Kazakhstan, co-production of films and film chronicles, including the initial materials of national films and film chronicles, as an integral part of the national cultural heritage.
2. Initial materials of films, film chronicles for copying, replication, release and screening shall be transferred for permanent storage to the State film fund.

      3. The State film fund shall convert film materials, film chronicles from analogue to digital media.

      4. During storage of initial materials of films, film chronicles, the State film fund shall provide free access to the initial materials of films to their copyright holders, as well as respect for copyright and related rights.

      5. The State film fund shall not be subject to privatization.

Article 17. Liability for violation of the legislation of the Republic of Kazakhstan on cinematography

      Violation of the legislation of the Republic of Kazakhstan on cinematography shall entail liability, established by the laws of the Republic of Kazakhstan.

Article 18. Procedure for enactment of this Law

      This Law shall enter into force upon the expiry of ten calendar days after its first official publication.

      Establish that sub-paragraph 10) of Article 5, subparagraph 5) of paragraph 1 of Article 12, subparagraph 2) of part one, subparagraph 5) of part two of paragraph 5 of Article 13 and Article 15 of this Law shall be valid until December 31, 2025.

      President of the
      Republic of Kazakhstan N. NAZARBAYEV

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