Article 11. Outdoor (visual) advertising The Law on Advertising
1. Outdoor (visual) advertising is placed by displaying and applying advertising images and (or) information on outdoor (visual) advertising objects, including those placed on the exterior sides of buildings (structures).
The placement of outdoor (visual) advertising objects is carried out in accordance with the Land Code of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities, highways and traffic.
Outdoor (visual) advertising objects must comply with national standards.
1-1. Outdoor (visual) advertising does not include:
1) signboard;
2) information about the operating mode;
3) posters of cultural, sports and mass sports events;
4) excluded by the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective sixty calendar days after the date of its first official publication).
5) information on the types of petroleum products and liquefied petroleum gas, prices for petroleum products and liquefied petroleum gas, the name and logo of the seller, placed at the entrance to gas stations, gas filling stations, gas filling stations, gas filling compressor stations;
6) information (information) about cultural values and (or) objects of historical and cultural heritage, including historical and cultural monuments;
7) information containing information on the purchase and (or) sale rates of foreign currency and gold in cash for tenge, placed within the entrance to the building according to the number of entrances to it and (or) at the entrance of the fence of the occupied territory, as well as roofs and facades within buildings, extensions to them and temporary structures of exchange offices;
8) interior design of storefronts and windows for external visual perception.
9) advertising of betting shops or sweepstakes placed inside sports facilities. - Excluded by the Law of the Republic of Kazakhstan.
1-2. Outdoor (visual) advertising and objects of outdoor (visual) advertising should not reduce the transport and operational qualities of the road, violate the requirements of vehicle safety and environmental protection, resemble road signs and signs, impair their visibility or perception effectiveness, or dazzle road users.
It is prohibited to place outdoor (visual) advertising by applying advertising images and (or) information to the pavement of highways and streets of populated areas, sidewalks of pedestrian and bicycle paths, boarding platforms, and bus stops.
2. The placement of outdoor (visual) advertising is allowed provided that a notification is sent about the placement of outdoor (visual) advertising in an open space outside the premises in populated areas, in the right-of-way of public roads, in an open space outside the premises outside populated areas and outside the right-of-way of public roads in accordance with the Law of the Republic of Kazakhstan "About permissions and notifications."
2-1. Notifications are sent by advertising distributors who place outdoor (visual) advertising in:
local executive bodies of cities of republican significance, the capital, cities of regional significance – when placing outdoor (visual) advertising in an open space outside the premises in cities of republican significance, the capital, cities of regional significance, in the right-of-way of public roads passing through the territories of cities of republican significance, the capital, cities of regional significance;
local executive bodies of districts – when placing outdoor (visual) advertising in an open space outside the premises in cities of district significance, villages, towns, in the right-of-way of public roads passing through the territories of cities of district significance, villages, towns, rural districts, in an open space outside the premises outside settlements and outside right-of-way lanes for public roads.
2-2. The notification is sent at least five business days before the expected date of outdoor (visual) advertising.
Attached to the notification are:
1) a form of information containing information about the period and location of outdoor (visual) advertising;
2) a document confirming payment for the first month of outdoor (visual) advertising in accordance with the tax legislation of the Republic of Kazakhstan;
3) a description of the advertisement in any form with its sketches attached.
Local executive bodies have the right to provide written reasoned comments to the submitted materials, which are mandatory for elimination.
If local executive authorities provide comments, outdoor (visual) advertising may be placed only if the comments are eliminated.
2-3. If the local executive authorities fail to provide a response within four working days from the date of receipt of the notification, the applicant has the right to place outdoor (visual) advertising within the time limits specified by him.
3. A fee is charged for the placement of outdoor (visual) advertising in accordance with the procedure and amounts established by the tax legislation of the Republic of Kazakhstan.
4. Local executive bodies defined by paragraph 2-1 of this Article are required to submit to the state revenue authorities information on payers, amounts of fees, the period and location of outdoor (visual) advertising, and the direction (non-direction) of notification in accordance with the procedure established by the tax legislation of the Republic of Kazakhstan.
5. It is prohibited to place outdoor (visual) advertising on historical and cultural monuments and in their protected areas, on religious buildings (structures) and on the territory allocated to them and their fences, as well as on specially protected natural territories.
6. Excluded by the Law of the Republic of Kazakhstan dated 08.01.2019 No. 215-VI (effective three months after the date of its first official publication).
7. The placement of outdoor (visual) advertising is carried out on the basis of an agreement with the owners of outdoor (visual) advertising facilities or with persons who have other property rights to outdoor (visual) advertising facilities, unless otherwise provided by laws or the agreement.
Owners of outdoor (visual) advertising objects or persons who have other property rights to outdoor (visual) advertising objects placed on the exterior sides of buildings (structures) are required to:
to keep the objects of outdoor (visual) advertising in proper aesthetic, sanitary and technical condition;
to ensure the safety of outdoor (visual) advertising facilities for human life and health, and property of all forms of ownership;
upon expiration of the placement period established by the agreement, dismantle the outdoor (visual) advertising facility within thirty calendar days.
In the event that the object of outdoor (visual) advertising does not comply with the requirements of this Law, as well as if the owners of outdoor (visual) advertising objects or persons holding other property rights to outdoor (visual) advertising objects placed on the exterior of buildings (structures) have not fulfilled the obligation to dismantle outdoor objects within the prescribed period. (visual) advertising , In accordance with the Business Code of the Republic of Kazakhstan, the local executive body issues a mandatory instruction on the dismantling of outdoor (visual) advertising facilities to the owner of the outdoor (visual) advertising facility, and if the owner is not known, to the owners of buildings (structures) or persons with other property rights to buildings (structures) or persons who who have other property rights to buildings (structures).
The owner of an outdoor (visual) advertising facility, the owners of buildings (structures), the owners of residential and non-residential premises in a residential building (residential building) or the management body of a condominium facility, persons holding other property rights to buildings (structures) on the outside of which the outdoor (visual) advertising facility is located, are required to dismantle the outdoor (visual) advertising within thirty calendar days from the date of issuing the order. Owners of outdoor (visual) advertising objects or persons who have other property rights to outdoor (visual) advertising objects placed on the exterior of buildings (structures), at the request of the owners of buildings (structures), owners of residential and non-residential premises in a residential building (residential building) or the management body of a condominium facility, persons who with other property rights to buildings (structures), they are obliged to reimburse the costs incurred in connection with the dismantling of outdoor (visual) advertising facilities.
If the owners of outdoor (visual) advertising objects or persons holding other property rights to outdoor (visual) advertising objects placed on the exterior of buildings (structures) refuse voluntary reimbursement of costs, the owners of buildings (structures), owners of residential and non-residential premises in a residential building (residential building) or the management body of the object persons who have other property rights to buildings (structures) have the right to file a claim with the court for reimbursement of costs incurred during the dismantling of outdoor (visual) advertising facilities.
The establishment of fixed government prices (tariffs) for outdoor (visual) advertising services on private property is prohibited.
8. It is allowed to place outdoor (visual) advertising on outdoor furniture (equipment) installed by local executive bodies or investors at their own expense on the basis of relevant agreements with local executive bodies concluded on the basis of the results of open tenders. Investors can be individuals and legal entities.
The Law of the Republic of Kazakhstan dated December 19, 2003 No. 508.
This Law regulates the relations arising in the process of production, distribution, placement and use of advertising in the territory of the Republic of Kazakhstan.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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