Article 46-2. The procedure for the accreditation of organizations for the collective management of the Law on Copyright and Related Rights

Home / Laws / Article 46-2. The procedure for the accreditation of organizations for the collective management of the Law on Copyright and Related Rights

1. The accreditation of collective rights management organizations is voluntary and is carried out by the authorized body on the basis of an application from an organization managing property rights on a collective basis, in accordance with the conclusion of the commission on accreditation of collective rights management organizations (hereinafter referred to as the accreditation commission).

2. The composition and regulations on the accreditation commission, the rules for accreditation, and the qualification requirements for collective rights management organizations shall be approved by the authorized body.

Information on the date of the meeting of the accreditation commission is posted by the authorized body in periodicals distributed throughout the Republic of Kazakhstan and on its Internet resource no later than thirty working days before the date of the meeting of the accreditation commission.

3. The composition and regulations of the accreditation commission are approved by the authorized body. -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

4. In order to be accredited, the applicant submits an application to the authorized body. The application must be submitted no later than ten working days before the date of the meeting of the accreditation commission. The application form and the list of documents to be submitted by the organization managing property rights on a collective basis for accreditation are established by the authorized body. -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

5. The authorized body accepts the application and keeps records of them in the application registration log, assigning a number and indicating the date of receipt. -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

6. A meeting of the accreditation commission is authorized to adopt an opinion if at least half of its members participate in the meeting. The conclusion of the accreditation commission is adopted by a majority vote of the members present at the meeting. If the votes are equally divided, the chairman of the accreditation commission has the casting vote. -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

It is not allowed for members of the accreditation commission to adopt an opinion by absentee voting and delegating their powers to other persons. -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

7. Based on the results of the meeting of the accreditation commission, the authorized body, no later than five working days after the date of the meeting, decides on accreditation or on refusal of accreditation. -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

The certificate of accreditation is issued to the applicant for a period of five years. -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

When issuing an opinion on accreditation, the accreditation commission should take into account the following: -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

1) carrying out activities in this field for at least two years from the date of registration as a legal entity; - Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

2) having work experience in distributing and paying collected remuneration at least eight times; - Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

3) the presence of positive feedback on the organization's activities from authors and users; - Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

4) the existence of existing agreements on mutual representation of interests with similar organizations managing property rights on a collective basis in other states; - Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

5) proper performance by the organization of the duties provided for in Article 46 of this Law; - Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

6) the availability of supporting documents on the transfer of appropriate amounts of remuneration to organizations managing property rights on a collective basis from other states on the basis of existing agreements on mutual representation of interests; - Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

7) the facts of bringing to administrative responsibility for obstructing officials of state control and supervision bodies in the performance of their official duties, as well as non-compliance with resolutions, regulations and other requirements. -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

The authorized body decides on the refusal of accreditation in the following cases:: -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

1) failure to submit documents established by the legislation of the Republic of Kazakhstan; -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

2) incompleteness of the information contained in the submitted documents; - Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

3) bringing to administrative responsibility for obstructing officials of state control and supervision bodies in the performance of their official duties, as well as non-compliance with resolutions, regulations and other requirements; - Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

4) non-fulfillment and (or) improper fulfillment by the organization of the duties provided for in Article 46 of this Law. -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

If the authorized body decides to refuse accreditation due to non-fulfillment and (or) improper fulfillment by the organization of the duties provided for in Article 46 of this Law, the organization is not entitled to obtain from the authorized body a certificate of accreditation for activities in the areas of collective management established by paragraph 3 of Article 43 of this Law, within two years from the date of the authorized body's decision to refuse accreditation. -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

8. The decision to refuse accreditation of an organization managing property rights on a collective basis may be appealed in accordance with the procedure established by the legislation of the Republic of Kazakhstan. -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

9. Information about accredited organizations is posted by the authorized body on its Internet resource. -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

10. In case of re-registration or reorganization, accredited organizations shall notify the authorized body in writing about the re-registration or reorganization, accompanied by documents confirming the specified information, and return the certificate of accreditation within ten working days. -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

The authorized body issues a certificate of accreditation no later than ten working days after receiving the written notification from the applicant.

11. In case of loss of the accreditation certificate, the authorized body, upon a written application from the organization managing property rights on a collective basis, issues a duplicate of the accreditation certificate within ten working days. -Excluded by the Law of the Republic of Kazakhstan dated November 24, 2025 No. 233-VIII SAM.

The Law of the Republic of Kazakhstan dated June 10, 1996 No. 6-I.

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