Unofficial translation
This Law shall regulate public relations arising in the process of state statistical activity, as well as in determining the quality of administrative data, and shall be aimed at satisfying the needs of society, the state and the international community for official statistical information.
Footnote. Preamble as amended by the Law of the Republic of Kazakhstan dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days after the date of its first official publication).Chapter 1. GENERAL PROVISIONS Article 1. The basic definitions, used in this Law
The following basic definitions shall be used in this Law:
1) Excluded by the Law of the Republic of Kazakhstan dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days after the date of its first official publication).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, which includes the process of collecting, and processing data on the structure and state of agriculture, analysis and distribution of official statistical information;
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 using numbers) and (or) qualitative (arranged according to a certain principle and (or) feature) data on an individual or legal entity and household accounting data generated by administrative sources, except for primary statistical and alternative data;
3-1) schedule for submission of administrative data – a document containing information on administrative sources submitting administrative data to the authorized body in the field of state statistics, on the frequency and deadlines for submission of administrative data;
3-2) price registration – price monitoring based on national statistical observations of prices (tariffs) for goods and services, administrative and alternative data;
3-3) alternative data – data that are not primary statistical or administrative data;
3-4) primary statistical data – data obtained or recorded in statistical forms;
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;
4-1) data product – a product formed based on processing alternative data;
4-2) data controller – a specialist in the field of information and communication technologies of a subject of a state monopoly in the field of state statistics, involved in the implementation of state control concerning administrative sources to assess the quality of administrative data;
4-3) data quality – a characteristic showing the degree of suitability of data for use in accordance with the legislation of the Republic of Kazakhstan;
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) authorized body in the field of state statistics (hereinafter referred to as the Authorized body) - a state body that carries out management, as well as intersectoral coordination in the field of state statistics, determining the quality of administrative data within the limits of its competence;
7-1) excluded by the Law of the Republic of Kazakhstan dated 14.07.2022 № 141-VII (shall come into effect ten calendar days after the day of its first official publication);8) user – a person, applying to for acquisition of official statistical information and (or) using it;
9) official statistical information - statistical information generated by state statistical bodies in accordance with the statistical work plan and during the national census;
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 obtained in the process of processing primary statistical data and (or) administrative and (or) alternative 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) statistical work plan – a plan for conducting national and departmental statistical observations, except for national censuses, determining the timeframes for collecting primary statistical data, submitting administrative and alternative data, as well as the timeframes for generating official statistical information;
18) statistical activity - a process that includes planning of this activity, development of statistical methodology, conducting statistical observation, processing, analysis, protection and storage of primary statistical, administrative and alternative 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) Excluded by the Law of the Republic of Kazakhstan dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days after the date of its first official publication).21) statistical register - systematized list of entities of statistical unit with its quantitative and (or) qualitative characteristics;
21-1) analytical information – information obtained during the analysis of primary statistical and (or) administrative and (or) alternative data, including based on innovative methods of processing and analyzing primary statistical and (or) administrative and (or) alternative data;
21-2) computerized telephone survey system – an information system that allows for conducting nationwide statistical observations using surveying respondents by telephone;
21-3) national reference information – a set of classifiers, catalogues, reference books, nomenclatures and other technical and economic information;
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, which includes the process of collecting, processing demographic, economic and social data characterizing respondents as of a certain point in time, analysis and distribution of official statistical information;
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 № 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 №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); dated 14.07.2022 № 141-VII (shall come into effect ten calendar days after the day of its first official publication); dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days after the date 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 № 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 № 297-IV (shall be enforced from 01.07.2010); dated 29.09.2014 №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) ensuring the safety and security of statistical information, primary statistical, administrative and alternative data.
Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days after the date of its first official publication).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. Goal and objectives in the sphere of state statistics
1. The goal of state statistics shall be providing users with official statistical data.
2. The goal in the sphere of state statistics shall be achieved by addressing the following objectives:
1) development of statistical methodology;
2) implementation of statistical activities observing the principles of state statistics;
3) satisfying the need of society, the state and the international community for official statistical data.
4) determination of the quality of administrative data.
Footnote. Article 7 - as revised by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall become effective upon expiry of ten calendar days after the day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days after the date of its first official publication).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) Excluded by the Law of the Republic of Kazakhstan dated 14.07.2022 № 141-VII (shall come into effect ten calendar days after the day of its first official publication);3-1) code according to the classifier of sectors of the economy;
3-2) code according to the classifier of forms and types of ownership;
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 databases that allow to directly or indirectly identify the respondent or determine the primary statistical data about him are confidential and can only be distributed with the consent of the respondent, with the exception of the information specified in parts two and three of this paragraph and in paragraph 4 of this article.
At the request of the authorized body in the field of foreign trade activities and regulation of trade activities, information is provided for the purposes of ongoing investigations in accordance with the legislation of the Republic of Kazakhstan on special protective, anti-dumping and countervailing measures in relation to third countries and regulation of trade activities.
At the request of the authorized body in the field of regulation of trading activities, information is submitted for the purposes of applying the customs-tariff and non-tariff regulation of foreign trade activities in accordance with the legislation of the Republic of Kazakhstan on the regulation of trade activities.
The information provided, specified in parts two and three of this paragraph, may be transferred by the authorized body in the field of foreign trade activities and regulation of trade activities to the Eurasian Economic Commission, the competent authorities of the member states of the Eurasian Economic Union, foreign states, the union of foreign states in accordance with the legislation of the Republic of Kazakhstan on special protective, anti-dumping and countervailing measures in relation to third countries and regulation of trade activities.
6. The submission and use of databases in de-identified form in scientific and scientific-technical activities shall be permitted in the manner established by the authorized body, in agreement with the National Security Committee of the Republic of Kazakhstan.
6-1. It shall be permitted to submit information that is not confidential in accordance with paragraph 4 of this article.
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 № 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); dated 30.12.2020 № 397-VI (shall be enforced upon expiry of six months after the day of its first official publication); dated 14.07.2022 № 141-VII (shall come into effect ten calendar days after the day of its first official publication); dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days after the date of its first official publication).Article 9. International cooperation in the field of the state statistics
Footnote. Article 9 has been excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be put into effect upon expiry of ten calendar days after the day of its first official publication).
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. Competence of the Government of the Republic of Kazakhstan in the sphere of state statistics
Government of the Republic of Kazakhstan in the sphere of state statistics shall:
1) elaborate the main state policy directions in the sphere of state statistics;
2) adopt decision on conducting the national census.
Footnote. Article 11 - as revised by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall take effect upon expiration of ten calendar days after the day 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 implement the state policy in the sphere of state statistics;
2-1) adopt the action plan for the national census;
2-2) establish the procedure and timeframe for conducting national censuses;
3) develop and confirm the regulatory legal acts in the field of the state statistics within its competence;
4) excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall become effective ten calendar days after the day of its first official publication);5) adopt statistical methodology based on scientific methods and approaches, including methodologies, on national statistical observations;
6) organise and implement nationwide statistical observations, including price registration, as per the plan of statistical works;
6-1) excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).6-2) excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall come into force on expiration of ten calendar days after the day of its first official publication).
7) excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall enter into effect on expiration of ten calendar days after the day of its first official publication).
8) excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall take effect upon expiry of ten calendar days after the day of its first official publication).
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) excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);9) excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be put into effect on expiry of ten calendar days after the day of its first official publication);
9-1) excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be brought into force on expiry of ten calendar days after the day of its first official publication);
10) excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall take effect ten calendar days after the day of its first official publication);
11) excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 ( shall come into force upon expiry of ten calendar days after the day of its first official publication));
12) excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be enforced on expiration of ten calendar days after the day of its first official publication);
13) excluded by the Law of the Republic of Kazakhstan dated 14.07.2022 № 141-VII (shall come into effect ten calendar days after the day of its first official publication);
14) excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
15) excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall come into force on expiration of ten calendar days after the day of its first official publication);
15-1) receives contact data on respondents from communication operators in the order determined by the authorized body;
15-2) receive, free of charge, from government agencies related to state statistical agencies, except for the National Bank of the Republic of Kazakhstan, primary statistical and administrative data necessary for the production of official statistical information generated by the authorized agency;
15-3) based on a request, receives, free of charge, from the National Bank of the Republic of Kazakhstan primary statistical data in anonymized form, collected to compile external sector statistics;
15-4) conclude agreements with owners or holders of alternative data that are not related to administrative sources on the provision of alternative data;
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 published official statistical data for statistical purposes when statistical methodology changes and upon the basis of updated, documented data;
19) use administrative data and alternative data to produce official statistical information and update statistical registers;
19-1) provide the administrative data, recorded in the book of economic accounting, to state revenue bodies for tax administration and (or) control in accordance with the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget" (Tax Code);
19-2) receive and use free-of-charge data from the relevant authorized state bodies, and organizations, formed in the course of implementation of state orders and public-private partnerships, including Earth remote sensing data, when carrying out statistical activities;
20) Excluded by the Law of the Republic of Kazakhstan dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days after the date of its first official publication).21) provide accumulation, maintenance and updating of informational statistic data basis on social and economic situation of the Republic and its regions;
22) Excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be put into effect upon expiry of ten calendar days after the day of its first official publication);23) conduct an analysis of the compliance of the statistical activities of state bodies and the National Bank of the Republic of Kazakhstan, related to state statistics bodies, with the requirements approved by the standard methodology for describing the process of production of statistical information by state bodies, and also requests the documents (information) necessary for the analysis;
23-1) agree on the structure, and content of national reference information and their changes;
23-2) coordinate the formation and modification of national registers;
24) exercise state control in the field of state statistics;
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) Excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be put into effect on expiry of ten calendar days after the day of its first official publication);
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 № 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 № 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); dated 31.12.2021 № 100 (shall be enforced from 01.01.2021); dated 14.07.2022 № 141-VII (shall come into effect upon the expiration of ten calendar days after the day of its first official publication); dated 21.12.2022 № 167-VII (shall come into effect upon the expiration of ten calendar days after the day of its first official publication); № 223-VII of 19.04.2023 (shall enter into force upon the expiry of ten calendar days after the date of its first official publication); dated 05.07.2024 № 115-VIII (shall come into effect upon expiry 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 remote control, periodical and extraordinary inspection in accordance with this article.
2. State control in the field of state statistics in respecti of administrative sources shall be carried out for the purpose of revealing:
1) unreliability of administrative data;
2) failure to submit administrative data;
3) uncoordinated forms for administrative data collection;
4) inconsistent methodologies for calculating indicators;
5) non-compliance of data quality with data management requirements.
6) inconsistent elements of national reference information.
3. The state control in the field of state statistics with regard to administrative sources shall be carried out:
1) on central state bodies, their departments, National Bank of the Republic of Kazakhstan - by the department of the authorized body;
2) on local state bodies, territorial subdivisions of central state bodies and their departments, akims of settlements, villages, rural districts - by territorial subdivisions of the department of the authorized body
4. Remote control shall be conducted on a continuous basis without visiting the administrative source by monitoring, analysis, quality assessment and comparison of administrative data obtained by the office of the authorized body and its territorial subdivisions from official sources.
5. In case of identification of violations in actions (inaction) of an administrative source, a conclusion on elimination of violations identified by the results of remote control shall be drawn up and sent within ten working days from the day of identification of violations, which shall include the following information
1) number, date and place of drawing up the conclusion;
2) name of the state body;
3) surname, first name, patronymic (if it is indicated in the identity document), position of the person authorized to conduct remote control;
4) information about data controllers, as well as about specialists, consultants, experts of government agencies and their subordinate organizations involved in conducting remote monitoring;
5) name of the administrative source, its location;
6) audited period;
7) identified violations and requirements for their elimination with indication of the deadline for fulfillment;
8) signature of the official who carried out the remote control
Conclusion on elimination of violations identified by the results of remote control shall be deemed duly delivered in cases when it is sent via electronic document flow or to the e-mail address obtained from official sources (Internet resource of the administrative source), or using other means of communication ensuring the fixation of receipt.
6. Conclusion on elimination of violations revealed by the results of remote control shall be executed by the administrative source within fifteen working days from the day following the day of its receipt, with mandatory submission to the office of the authorized body or its territorial subdivision of materials proving the fact of elimination of violations.
7. In case of non-execution within the established term of the conclusion on elimination of violations identified by the results of remote control, specified in subparagraphs 1) and 2) of paragraph 2 of this Article, administrative proceedings shall be initiated in accordance with the legislation of the Republic of Kazakhstan on administrative offenses.
Failure to implement within the established period the conclusion on the elimination of violations identified as a result of remote monitoring, specified in subparagraphs 3), 4), 5) and 6) of paragraph 2 of this Article, as well as negative results of previous inspections conducted in accordance with this article, shall be grounds for including an administrative source in the semi-annual plan for conducting periodic inspections.
8. Periodic inspection shall be conducted with a visit to an administrative source on the basis of semi-annual plans for conducting periodic inspections, which shall be approved by the first head of department of the authorized body not later than December 10 of the year preceding the year of inspection and by June 10 of the current calendar year and shall be posted on its Internet resource not later than December 20 of the year preceding the year of inspection and by June 20 of the current calendar year.
Semiannual periodic inspection plans shall include:
1) the number and date the plan was approved;
2) the name of the state agency;
3) the name of the administrative source;
4) The location of the administrative source;
5) the subject matter of the audit;
6) timing of the audit;
7) signature of the person authorized to sign the semi-annual plan.
Amendments and additions to semi-annual plans for periodic inspection shall be made in cases of liquidation, reorganization, change of name of an administrative source, occurrence of an emergency of natural, man-made and social nature, introduction of a state of emergency, occurrence or threat of epidemic spread, foci of quarantine objects and especially dangerous pests, infectious, parasitic diseases, poisoning, as well as radiation accidents and related restrictions.
Amended semi-annual plans for periodic inspections shall be posted on the internet resource of the office of the authorized body with a note on the changes.
9. Extraordinary inspection shall be conducted with a visit to the administrative source on the basis of:
1) requirements of the prosecutor, materials received from law enforcement bodies, as well as other state bodies, local governments on concrete facts of violation of the legislation of the Republic of Kazakhstan in the field of state statistics;
2) messages or statements of physical or legal persons on concrete facts of violation of the legislation of the Republic of Kazakhstan in the field of state statistics;
3) messages in mass media on concrete facts of violation of the legislation of the Republic of Kazakhstan in the field of state statistics;
4) instructions of the criminal prosecution body on the grounds provided for by the Criminal Procedure Code of the Republic of Kazakhstan.
Extraordinary inspections shall not be conducted in cases of anonymous applications.
10. The department of the authorized body and its territorial subdivisions shall be obliged to notify the administrative source about the beginning of periodic inspection not less than three days in advance, about the beginning of extraordinary inspection not less than one day before its beginning with indication of the subject of inspection by electronic document management or electronic address obtained from official sources (Internet resource of the administrative source), or using other means of communication ensuring fixation of receipt.
11. Officials of the department of the authorized body and its territorial subdivisions, who arrived at the administrative source for the inspection, shall be obliged to present the act on the appointment of the inspection, official ID card or identification card.
12. The start of the inspection period shall be deemed to be the day of delivery to the administrative source of the act on the appointment of the inspection, which shall specify:
1) number and date of the act;
2) name of the state body;
3) surname, name, patronymic (if it is indicated in the identity document) and position of the person (persons) authorized (authorized) to conduct an inspection;
4) information about data controllers, as well as about specialists, consultants, and experts from government agencies and their subordinate organizations involved in conducting the audit;
5) name of the administrative source, its location;
6) subject of the assigned audit;
7) type of inspection;
8) period of conducting an audit;
9) grounds for conducting the audit;
10) period to be audited;
11) rights and obligations of the administrative source provided by this article;
12) signature of the person authorized to sign the act;
13) signature of the head or person acting as the head of the administrative source on receipt or refusal to receive the act.
Acts on appointment, suspension, resumption, termination and extension of inspections shall be signed by the management of the department of the authorized body or the first head of the territorial subdivision of the department of the authorized body and shall be handed to the head or person acting as the head of the administrative source for his/her familiarization.
13. The course of inspections shall be suspended for the duration of natural, man-made and social emergencies, introduction of a state of emergency, emergence or threat of emergence of epidemic spread, foci of quarantine objects and especially dangerous pests, infectious, parasitic diseases, poisonings, as well as radiation accidents and related restrictions, as well as in cases of administrative proceedings and procedures that prevent the conduct of inspections.
The course of inspections shall be resumed within ten working days from the date of termination of natural, man-made and social emergencies, introduction of a state of emergency, emergence or threat of emergence of epidemic spread, foci of quarantine objects and especially dangerous pests, infectious, parasitic diseases, poisonings, as well as radiation accidents and related restrictions, as well as termination of administrative proceedings and procedures preventing the conduct of inspections.
The course of the period of inspections shall be terminated in cases of liquidation of the administrative source.
The terms of inspections shall be established taking into account the scope of work to be performed and the tasks to be accomplished and shall not exceed thirty working days with an extension for a period not exceeding fifteen working days. The period of inspections may be extended only once.
Extension of the period of inspections shall be formalized by an additional act on the extension of the period of inspection with notification of the administrative source, which shall specify the date and number of the previous act on the appointment of the inspection and the reasons for the extension. The notification on extension of the period of inspection shall be handed over to the administrative source by an official of the department of the authorized body or its territorial subdivision one working day prior to the extension with a notice of delivery.
14. Based on the results of inspections, an official of the authorized body or its territorial subdivision shall draw up a conclusion on the results of the inspection, which shall specify:
1) number, date and place of drawing up the conclusion;
2) the name of the state body;
3) date and number of the act on the assignment of the audit (additional act on the extension of the term, if any);
4) surnames, first names, patronymics (if they are indicated in identity documents) and positions of persons who conducted the inspection;
5) information about data controllers, as well as about specialists, consultants, and experts from government agencies and their subordinate organizations involved in conducting the audit;
6) name of the administrative source, its location;
7) type of inspection;
8) term and period of the audit
9) subject of the audit;
10) information on the results of the inspection, including the identified violations, their nature;
11) requirements to eliminate the identified violations with indication of the deadline for fulfillment of the requirements;
12) signatures of the officials who conducted the inspection;
13) information on familiarization or refusal to familiarize with the conclusion of the head or person acting as head of the administrative source, as well as persons who were present during the audit, their signatures or record of refusal to sign.
The first copy of the conclusion on the results of the audit shall be submitted in electronic form to the state body carrying out within its competence activities in the field of state legal statistics and special records, the second copy in hard copy shall be handed to the head or person acting as the head of the administrative source for familiarization against signature, the third copy shall remain with the department of the authorized body or its territorial subdivision.
15. The completion of the period of inspections shall be considered the day of delivery of the conclusion on the results of the inspection to the administrative source.
16. Violations revealed by the results of the audit shall be eliminated by the administrative source within fifteen working days from the day following the day of completion of the audit, with the mandatory submission to the office of the authorized body or its territorial subdivision, which drew up the conclusion, of materials proving the fact of elimination of violations.
In case of absence of violations in the course of the audit, a corresponding record shall be made in the conclusion on the results of the audit.
17. If there are comments and (or) objections on the results of inspections or remote control, the administrative source shall state them in writing and send them through electronic document flow to the office of the authorized body or its territorial subdivision, which prepared the conclusion, within five working days from the date of completion of the inspection.
The department of the authorized body or its territorial subdivision shall consider the comments and (or) objections of the administrative source to the conclusion within fifteen working days from the day of their receipt and give a reasoned response.
18. Requirements for elimination of revealed violations specified in the conclusion on elimination of violations revealed by the results of remote control, as well as in the conclusion on the results of the audit, are mandatory for fulfillment by the administrative source.
19. In case of non-execution of the conclusion on the results of the inspection, administrative proceedings shall be initiated in accordance with the legislation of the Republic of Kazakhstan on administrative offenses.
20. Officials of the department of the authorized body and its territorial subdivisions when conducting state control in respect of administrative sources shall have the right to:
1) unimpeded access to the territory and premises of the administrative source in compliance with the established requirements of pass and in-situ regime;
2) receive administrative data, as well as documents (information) on paper and electronic media or their copies for inclusion in the results of inspections and, if necessary, use them in conducting remote monitoring;
3) to get access to automated databases (information systems) in accordance with the subject of inspection in compliance with the requirements stipulated by the legislation of the Republic of Kazakhstan on state secrets and other secrets protected by law of the Republic of Kazakhstan;
4) involve data controllers, as well as other specialists, consultants, and experts from government agencies and their subordinate organizations;
5) to carry out audio, photo and video recording;
6) to record on videotape the facts of refusal to fulfill the obligations of the administrative source stipulated by this article.
21. Officials of the department of the authorized body and its territorial subdivisions when exercising state control over administrative sources shall be obliged:
1) to comply with the legislation of the Republic of Kazakhstan, rights and legitimate interests of administrative sources;
2) to conduct remote control and inspections on the basis of and in strict accordance with the procedure established by this article;
3) not to interfere with the established mode of operation of the administrative source during the period of inspections;
4) not to prevent the head or person acting as the head of the administrative source from being present during inspections, to give explanations on issues related to the subject of inspections;
5) provide the administrative source with the necessary information related to the subject matter of the inspections;
6) deliver to the administrative source a conclusion on the results of the inspection or a conclusion on elimination of violations revealed by the results of remote control;
7) ensure safety and confidentiality of documents and information obtained as a result of remote control and inspections;
8) to fulfill in a timely manner and in full measure the powers granted in accordance with the laws of the Republic of Kazakhstan on prevention, detection and suppression of violations of the requirements established by the legislation of the Republic of Kazakhstan.
22. Administrative sources in carrying out state control in respect of them shall have the right:
1) not to submit administrative data, as well as documents and information, if they do not relate to the subject of the remote control and inspections being carried out;
2) on violations revealed as a result of remote control and inspections in case of need for additional time and (or) financial expenditures not later than five working days to apply to the department of the authorized body or its territorial subdivision with a reasonable application for extension of time for elimination of violations;
3) to appeal the results of remote control and inspections, as well as the actions (inaction) of the officials of the department of the authorized body or its territorial subdivision in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
4) to record the process of inspections, as well as individual actions of an official, conducted by him/her within the framework of inspections, by means of audio and video equipment, without obstructing the activities of the official.
23. Administrative sources when conducting state control in respect of them shall be obliged to:
1) provide unhindered access of officials of the department of the authorized body and its territorial subdivisions to the territory and premises of the administrative source;
2) submit to officials of the department of the authorized body and its territorial divisions the administrative data, as well as documents (information) on paper and (or) electronic media or copies thereof for inclusion in the results of state control;
3) in compliance with the requirements for protection or other secrets protected by the law of the Republic of Kazakhstan, access to automated databases (information systems) in accordance with the subject of the audit;
4) to make marks in the act on the assignment of the audit, the conclusion on the results of the audit;
5) not to allow changes and additions to the audited documents during the period of verification, unless otherwise provided by the laws of the Republic of Kazakhstan;
6) to be at the location of the administrative source within the designated timeframe of the audit, specified in the notification on the beginning of the audit.
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 wording of the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days after the date of its first official publication).Article 12-2. State control in the field of state statistics with regard to respondents
1. State control in the field of state statistics with regard to respondents shall be carried out by relevant bodies of state statistics without visiting respondents in accordance with this Law.
2. The state control without visiting respondents shall be carried out in the form of revealing the non-submission of primary statistical data by respondents in terms specified in the schedule of submission of primary statistical data by respondents, as well as submission of unreliable primary statistical data by respondents.
3. The state control without visiting the respondent shall be carried out within the terms specified in the statistical form by analyzing:
1) statistical forms submitted by respondents according to the requirements of the legislation of the Republic of Kazakhstan in the field of state statistics;
2) information received on request of territorial subdivisions of the authorized body in the field of state statistics, within its competence - at production of official statistical information for confirmation of reliability of primary statistical data.
4. In case of revealing the submission of unreliable primary statistical data by respondents, the bodies of state statistics, except for the National Bank of the Republic of Kazakhstan, shall notify the respondent on the contact data, indicated by the respondent in previously submitted statistical forms (subscriber number of cellular communication, e-mail address), about the necessity of making corrections in statistical forms, containing primary statistical data, by resubmitting the statistical form or providing additional information to the respondent within one working day.
If there are sufficient grounds indicating on submission by respondents of unreliable primary statistical data, bodies of state statistics shall initiate proceedings on administrative offenses in accordance with the legislation of the Republic of Kazakhstan on administrative offenses.
5. At revealing of non-submission by respondents of primary statistical data within the terms specified in the schedule of submission by respondents of primary statistical data, the bodies of state statistics initiate proceedings on the case of administrative offense and require from the respondent the submission of appropriate statistical forms with primary statistical data by sending the message on the contact data specified by the respondent in previously submitted statistical forms, or to the contact information obtained from official sources (cell phone number, e-mail address).
Footnote. Chapter 2 was supplemented by Article 12-2 in accordance with the Law of the Republic of Kazakhstan № 156-VI dated 24.05.2018 (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); in the wording of the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (shall be enforced upon expiry of sixty calendar days after 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) develop, form and approve, in agreement with the authorized body, the statistical methodology in the manner determined by the authorized body;
2-1) approve, in agreement with the authorized body, statistical forms for conducting departmental statistical observations and instructions for filling them out;
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;
5-2) receive, based on a request, and depersonalized primary statistical data from the authorized body for use solely for statistical purposes without transfer to third parties;
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); dated 14.07.2022 № 141-VII (shall come into effect ten calendar days after the day of its first official publication); dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days after the date of its first official publication).Article 14. An authorized body
Footnote. Article 14 has been excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall come into force on expiration of ten calendar days after the day of its first official publication).
Article 15. Assuring independence of the authorized body
Footnote. Article 15 has been excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall become effective ten calendar days after the day of its first official publication).
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) use national reference information;
2) to assert in agreement with the authorized body forms intended for the collection of administrative data;
2-1) approve methods for calculating indicators based on scientific methods and approaches in agreement with the authorized body and publish them on their Internet resources;
2-2) revise published statistical information generated by administrative sources in the event of a change in methodology and, based on updated, documented information, publish change histories;
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) ensure the quality of administrative data in accordance with data management requirements.
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 № 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); dated 14.07.2022 № 141-VII (shall come into effect ten calendar days after the day of its first official publication); dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days after the date 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, free of charge, the statistical form and (or) software necessary for the submission of primary statistical data in electronic form;
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 reliable primary statistical data based on approved statistical forms when conducting statistical observations as defined by the authorised body, as per the schedule of respondents' submission of primary statistical data and statistical methodology;
1-1) based on a notification posted on the official Internet resource of the authorized body on the extension of the deadline and the postponement of the deadline for submitting primary statistical data by respondents if there is confirmation of the occurrence in the information system on the last day of the deadline for submitting statistical forms of technical problems that led to the failure of respondents to submit primary statistical data, submit statistical forms on the next working day after the elimination of technical problems;
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); dated 14.07.2022 № 141-VII (shall come into effect ten calendar days after the day of its first official publication); № 223-VII of 19.04.2023 (shall enter into force ten calendar days after the date of its first official publication).Article 18. Users’ rights
Users shall have a right to:
1) simultaneous and equal access to official statistical information;
2) use the official statistical information in owned motives with reference to source.
Footnote. Article 18 as amended by the Law of the Republic of Kazakhstan dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days after the date of its first official publication).Chapter 3. STATISTICAL ACTIVITY Article 19. Planning of statistical activity
1. Statistical activities shall be carried out based on a statistical work plan approved by the authorized body.
2. In pursuance of the statistical work plan, the authorized body shall approve a schedule for the submission of primary statistical data by respondents, a schedule for the submission of administrative data, and a schedule for the distribution of official statistical information.
3. The statistical work plan, the schedule for the submission of primary statistical data by respondents, the schedule for the submission of administrative data and the schedule for the distribution of official statistical information shall be formed by the authorized body for three calendar years, taking into account the proposals of government agencies and the National Bank of the Republic of Kazakhstan, as well as based on the results of the analysis of statistical activities.
State bodies and the National Bank of the Republic of Kazakhstan shall submit proposals to the authorized body no later than April 1 of the year of approval of the statistical work plan, with amendments and additions to it being made no more than once a year.
4. The authorized body shall ensure the formation of a statistical work plan, a schedule for the submission of primary statistical data by respondents, a schedule for the submission of administrative data and a schedule for the distribution of official statistical information by July 1 of the year in which the statistical work plan is approved.
Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 29.09.2014 № 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); dated 14.07.2022 № 141-VII (shall come into effect ten calendar days after the day of its first official publication); dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days after the date 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
Footnote. Article 22 has been excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 23. National reference information and statistical registers
Footnote. The title as amended by the Law of the Republic of Kazakhstan dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days after the day of its first official publication).
1. When operating the information technology facilities of the “electronic government”, national reference information shall be used.
Elements of national reference information shall be developed and approved by authorized state bodies in agreement with the authorized body in the manner determined by the authorized body.
2. For the generation of statistical data, the authorised body shall keep the following statistical registers:
1) statistical business register, comprising data on individual entrepreneurs and legal entities registered in the territory of the Republic of Kazakhstan, their separate units;
2) statistical register of population comprising data on natural persons residing in the territory of the Republic of Kazakhstan, as well as on the nationals of the Republic of Kazakhstan temporarily residing outside the territory of the Republic of Kazakhstan;
3) an agricultural statistical register comprising data on entities producing agricultural products in the Republic of Kazakhstan;
4) a statistical register of the housing stock containing data on dwellings of all forms of ownership in the Republic of Kazakhstan.
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. Excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall take effect upon expiry of ten calendar days after the day of its first official publication).5. Excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be put into effect upon expiry of ten calendar days after the day of its first official publication).
6. Excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be enforced on expiry of ten calendar days after the day of its first official publication).
7. Excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be put into effect on expiration of ten calendar days after the day of its first official publication).
8. The updating of statistical register data shall be carried out based on primary statistical and (or) administrative data, and (or) alternative 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); № 223-VII dated 19.04.2023 (shall be put into effect on expiration of ten calendar days after the day of its first official publication); dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days 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) collection, and processing of primary statistical data submitted by territorial divisions of the authorized body and respondents, obtained during national statistical observations and national censuses, as well as processing of the received administrative data and (or) alternative data and their storage during the processing period in electronic form when generating official statistical and analytical information;
2) formation, maintenance and updating of information and statistical systems, databases and their platforms, statistical registers, Internet resources of the authorized body;
3) the formation of statistical publications and the distribution of official statistical information subject to distribution by the authorized body in accordance with the schedule for the distribution of statistical information, as well as information on the results of the national census;
4) formation of statistical and analytical information not provided in the schedule for 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 № 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 № 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); dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days after the date of 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.
5) alternative data.
Statistical data shall be compiled in line with the statistical methodology.
Alternative data shall be provided by their owners or holders in accordance with concluded agreements on the provision of alternative data to the authorized body free of charge.
Footnote. Article 24 as amended by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be enforced upon expiration of ten calendar days after the day of its first official publication); dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days after the date of its first official publication).Article 25. Processing and storage
1. Primary statistical data obtained during statistical observations and (or) administrative data and (or) alternative data shall be processed in accordance with the statistical methodology and in compliance with the principles of state statistics.
2. Paper media containing primary statistical, administrative, or alternative data shall be subject to mandatory transfer to electronic media and shall be stored for at least one year from the date of distribution of official statistical information formed based on the indicated data. Electronic media containing primary statistical, administrative, or alternative data shall be stored for at least fifty years.
Footnote. Article 25 as amended by the Law of the Republic of Kazakhstan dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days after the date of its first official publication).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.
1-1. Official statistical information from the national census shall be distributed following its completion.
2. Bodies of state statistics provide users with equal rights to simultaneous access to high-quality official statistical information, including in the format of machine-readable data and statistical methodology, by posting them on the Internet resources of state statistics bodies and the Internet portal of open data of the "electronic government" web portal.
3. Statistical and analytical information not provided in the schedule for the distribution of official statistical information and requiring additional costs for its development shall be provided on a fee basis in the manner determined by the authorized body.
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.
4-1. Distribution of the data product shall be provided by its owner or proprietor.
The owner or holder of a data product submitted to an authorized body shall be included in the register of suppliers of data products in the manner determined by the authorized body.
5. Statistical information, forming on administrative data, shall be distributed independently by the state bodies.
Footnote. Article 26 as amended by the Law of the Republic of Kazakhstan dated 14.07.2022 № 141-VII (shall come into effect ten calendar days after the day of its first official publication); dated 05.07.2024 № 115-VIII (shall come into effect upon expiry of ten calendar days after the date of its first official publication).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, № 9, Article 91; 2001, № 4, Article 23; 2002, № 1, Article 3; № 17, Article 155; 2004, № 23, Article 142; № 24, Article 143; 2007, № 4, Article 33; 2009, № 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 |