On approval of the Rules for selection of film projects, applying for recognition them as national films, for rendering state financial support on their production

Updated Unofficial translation

Order № 64 of the acting Minister of Culture and Sport of the Republic of Kazakhstan dated March 15, 2019. Registered in the Ministry of Justice of the Republic of Kazakhstan on March 20, 2019, № 18405.

      Unofficial translation

      In accordance with subparagraph 5) of Article 5 of the Law of the Republic of Kazakhstan “On Cinematography” I HEREBY ORDER:

      Footnote. Preamble - as amended by the order of the acting Minister of Culture and Sports of the Republic of Kazakhstan dated 02.17.2023 No. 52(shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

      1. To approve the attached Rules for selection of film projects, applying for recognition them as national films, for rendering state financial support on their production.

      2. The Department for Culture and Arts of the Ministry of Culture and Sport of the Republic of Kazakhstan in the order established by legislation shall ensure:

      1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

      2) sending of this order in the Kazakh and Russian languages to the Republican state enterprise on the right of economic management "Republican Center for Legal Information" for official publication and inclusion to the Standard control bank of regulatory legal acts of the Republic of Kazakhstan within ten calendar days from the date of state registration;

      3) placement of this order on the Internet resource of the Ministry of Culture and Sport of the Republic of Kazakhstan within two working days after entering it into force;

      4) submission of information on implementation of measures to the Department of legal service of the Ministry of Culture and Sport of the Republic of Kazakhstan within two working days after implementation of measures provided for in this paragraph.

      3. Control over execution of this order shall be assigned to the supervising Vice-Minister of Culture and Sport of the Republic of Kazakhstan.

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

      Acting Minister of Culture and Sport
of the Republic of Kazakhstan
E. Ramazanov

  Approved
by the order of acting Minister
of Culture and Sport
of the Republic of Kazakhstan
№ 64 dated March 15, 2019

The Rules for the selection of film projects, applying for recognition them as national films, for rendering state financial support on their production

      Footnote. Rules - as amended by the order of the acting Minister of Culture and Sports of the Republic of Kazakhstan dated 02.17.2023 No. 52 (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Chapter 1. General Provisions

      1. These Rules for selection of film projects, applying for recognition them as national films, for rendering state financial support on their production (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 5) of Article 5 of the Law of the Republic of Kazakhstan “On Cinematography” (hereinafter referred to as the Law “On Cinematography”) and shall determine the procedure for selecting film projects that apply for recognition as national films to provide state financial support for their production.

      2. The following basic concepts shall be used in these Rules:

      1) subject of cinematographic activity - an individual who is a business entity, the main activities of which are: production of a film and (or) film chronicle, film rental, film screening, film restoration, cinema hall maintenance, production of film materials, performance of work and provision of production services film, educational, scientific, research, publishing, advertising and propaganda activities in the field of cinematography, film storage, film organization;

      2) cinematographic organization - a legal entity whose main activities are: film production and (or) film chronicles, film rental, film screening, film restoration, cinema hall maintenance, production of film materials, performance of work and provision of services for film production, educational, scientific, research, publishing, advertising and propaganda activities in the field of cinematography, film storage;

      3) film project – a set (package) of documents and materials (script, director’s explication, estimate for film production, production schedule, marketing plan, visual materials), based on which the film is produced and distributed;

      4) application - an application from subjects of cinematographic activity with the attachment of the necessary documents and materials in accordance with the requirements of paragraph 5 of these Rules;

      5) applicant – a subject of cinematographic activity who has applied to state support in the form of financing film projects in accordance with these Rules;

      6) authorized body - the central executive body exercising management and intersectoral coordination in the field of cinematography;

      7) State Center for Support of National Cinema (hereinafter referred to as the Center) - a single operator for providing state support in the form of financing film projects that claim to be recognized as national films, and national films, including to a legal entity with 100% state participation in the authorized capital, the main subject whose activity is the production of films in the amount of at least thirty-five percent of the total annual amount of state financial support.

Chapter 2. The Procedure for selection of film projects, applying for recognition them as national films, for rendering state financial support on their production

      3. To provide state financial support to film projects, applying for recognition them as national films, including a legal entity with one hundred percent state participation in the authorized capital, the main activity of which is the production of films, in the amount of at least thirty-five percent of the total annual amount of state financial support, the Center no later than March 1 of the calendar year shall announce a competition to select film projects that apply for recognition as national films (hereinafter referred to as Competitive selection).

      If additional budget funds are allocated for new film projects, the Center within 30 (thirty) working days shall announce an additional competitive selection in the manner established by these Rules.

      4. Competitive selection shall consist of the following stages:

      1) publication of an announcement about the beginning of the competitive selection on the Center’s Internet resource;

      2) acceptance of applications by the Center from applicants;

      3) consideration of applications by the Center for compliance with paragraph 5 of these Rules;

      4) notification of applicants about the results of the competitive selection.

      The announcement of the upcoming competitive selection shall include the following information:

      1) name of the organizer of the competitive selection;

      2) date, start and end time for accepting applications;

      3) priority topics for providing state financial support;

      4) contact numbers of the Center for information about the competitive selection.

      The deadline for accepting applications by the Center is 15 (fifteen) working days from the date of posting the advertisement.

      5. To participate in the competitive selection, applicants, no later than the closing date and time for accepting applications specified in the announcement, shall submit to the Center personally and electronically an application in the form in accordance with the Appendix to these Rules, as well as the following documents and materials:

      1) a copy of an identity document for an individual or a certificate of state registration (re-registration) for a legal entity;

      2) film project;

      3) annotation of the film project;

      4) biographical and creative information about the creative group (resume, information about films made);

      5) copies of agreements of intent with members of the film’s crew (directors, general and executive producers, directors of photography, leading actors, and production designers) and copies of their identification documents;

      6) certificate of entry of information into the state register of rights to objects protected by copyright;

      7) for film projects of co-production with foreign subjects of cinematographic activity, an agreement on the co-production of a film shall be additionally provided with a mandatory indication of the share of participation of each co-producer in the production of the film project with all additional agreements;

      8) supporting materials on the existence of projects implemented by the applicant in the field of cinematography;

      9) information about the absence (presence) of tax debt as of the date of submission of documents and materials.

      The requirements of subparagraph 8) of paragraph 5 of these Rules shall not apply to debut films.

      Applicants are subject to the following requirements:

      1) have legal capacity (for legal entities), civil capacity (for individuals);

      2) not have a tax debt exceeding six times the monthly calculation index established for the corresponding financial year by the law on the republican budget;

      3) not be subject to bankruptcy or liquidation proceedings (information shall be verified by the Center).

      6. The Center, within 5 (five) working days from the closing date for accepting applications, shall review them for compliance with the requirements provided for in paragraph 5 of these Rules.

      Applications shall be returned without consideration within 3 (three) working days from the date of the end of the period for consideration of applications, in the following cases:

      1) receipt by the Center after the deadline for accepting applications;

      2) submission by the applicant of documents and materials that do not comply with paragraph 5 of these Rules or an incomplete package of documents;

      3) the applicant provides false or distorted information.

      7. The Center, within 10 (ten) working days from the date of the end of the period for consideration of applications, shall submit the submitted film projects for consideration by the Expert Council at the Center (hereinafter referred to as the Expert Council). The Expert Council shall review submitted film projects within 20 (twenty) working days.

      8. The Center, no later than 10 (ten) working days before the date of the meeting of the Expert Council, shall notify the applicant in writing of the date, time and place of the meeting of the Expert Council.

      9. At a meeting of the Expert Council, film projects shall be defended for familiarization and consideration for their compliance with the grounds provided for in paragraph 1 of Article 14 of the Law “On Cinematography”.

      10. Based on the results of the meeting, the Expert Council shall issue an appropriate conclusion on each film project, indicating the arguments about their compliance or non-compliance with the grounds provided for in paragraph 1 of Article 14 of the Law “On Cinematography”, which shall be documented in the protocol.

      11. The conclusion of the Expert Council shall be submitted by the Center within 10 (ten) working days after the date of the meeting for consideration by the Interdepartmental Commission on State Support in the Field of Cinematography (hereinafter referred to as the Interdepartmental Commission), created by the authorized body.

      12. The Interdepartmental Commission shall review the conclusion of the Expert Council presented by the Center within 5 (five) working days after receipt and prepare recommendations for the financing of film projects that apply for recognition as national films, which shall be documented in a protocol.

      13. The Center, within 10 (ten) working days from the date of the meeting of the Interdepartmental Commission, shall submit to the authorized body the conclusion of the Expert Council and the recommendations of the Interdepartmental Commission.

      14. Based on the positive conclusion of the Expert Council and the recommendation of the Interdepartmental Commission, the authorized body, within 10 (ten) working days, shall decide on the financing of film projects applying for recognition as national films. The decision shall be formalized by order of the authorized body.

      15. Within 10 (ten) working days after the issuance of the order, the authorized body shall agree with the Center for the services of a single operator to provide state support in the form of financing of film projects that apply for recognition as national films, including a legal entity with one hundred percent participation of the state in the charter capital, the main activity of which is film production, in the amount of at least thirty-five percent of the total annual amount of state financial support.

      16. The center, within 15 (fifteen) working days after agreeing with the authorized body, shall agree with the applicant for financing a film project.

  Appendix
to the Rules for the selection
of film projects, applying for
recognition of them as national films,
  for rendering state financial
support on their production

      Form

  To the Chairman of
The board of the non-profit joint-stock company
"State Center for Support of National Cinema"
______________________________________
(last name, first name, patronymic (if any)
from: _________________________
(full name of the legal entity, last name,
first name, patronymic (if any)
of the head of the legal entity or last name,
first name, patronymic (if any) of an individual)

Application for participation in the selection
of film projects seeking recognition as national films

      To select film projects that apply for recognition as national films, please consider the following film projects:

      ___________________________________________________________

      (name of film project)

      Genre: _____________________________________________________

      Film category _______________________________________________

      (socially significant, joint, for a wide audience)

      The creators of the film _______________________________________

      Film company/author of the film project: _________________________

      Producer(s): ________________________________________________

      Director(s): _________________________________________________

      Scriptwriter(s): ______________________________________________

      Cinematographer(s): __________________________________________

      Production designer(s): ________________________________________

      Author(s) of the musical work: __________________________________

      Actors: ______________________________________________________________

      Timing of the film project

Period

Preparation period

Filming period

Installation and tinting period

Distribution*

From





Before





      * The Applicant carries out all work on the distribution of the film at the expense of extra-budgetary funds.

      Production

Format


Timing, minutes


Filming locations


Number of shooting days


      Marketing and Sales

Age classification of films


Types of screenings (cinema, streaming, television and others)


Audience reach (number of viewers)


Estimated income


      Sources of production financing

Financing

Amount, tenge.

Organization

Requested amount from the non-profit joint-stock company "State Center for Support of National Cinema"



Producer's funds



Funds attracted free of charge



Credit/borrowed funds



Refundable funds raised



Previously received state support from the Ministry of Culture and Sports of the Republic of Kazakhstan



Total



      List of documents and materials attached to the application, in accordance with paragraph 5

      of the Rules for the selection of film projects applying for recognition as national films

      for the provision of state financial support for their production:

      1. __________________________________________________________

      2. _________________________________________________________

      3. _________________________________________________________

      Applicant details

      ___________________________________________________________

      (legal address, postal code, email, telephones)

      ___________________________________________________________

      (for a legal entity - business identification number; for an individual - individual

      identification number).

      Date of application: ___________________________________________

      Last name, first name, patronymic (if any) of the applicant

      ___________________________________________________________

      Signature ______________

      Place of seal (if any)

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