Article 7. Guarantees and protection of ownership rights to documents of the National Archival Fund of the Law on the National Archival Fund and Archives

Home / Laws / Article 7. Guarantees and protection of ownership rights to documents of the National Archival Fund of the Law on the National Archival Fund and Archives

1. The documents of the National Archival Fund are in state and private ownership.

2. State property includes:

1) documents owned by the Republic, stored in the National Archives of the Republic of Kazakhstan, the central state archives, the Archive of the President of the Republic of Kazakhstan, the Library of the First President of the Republic of Kazakhstan – Elbasy, special state archives, state libraries and museums;

1-1) documents formed and formed as a result of the activities of the President, Parliament, Government, central executive bodies, the Supreme Court, the Prosecutor General's Office, the National Bank of the Republic of Kazakhstan and other state republican legal entities;

2) documents owned by municipalities, stored in regional, cities of republican significance, the capital, city, district state archives and their branches, formed and formed as a result of the activities of local government and self-government bodies, courts, prosecutor's offices, municipal enterprises and other state legal entities;

3) The State Insurance Fund of copies of documents.

3. Private property includes documents of individuals, non-governmental legal entities and their associations formed as a result of their activities or collection, acquisition.

4. The authorized body is given the right to own and use documents of the National Archival Fund, which are in state ownership, within the limits established by the legislation of the Republic of Kazakhstan.

5. An archival document may be withdrawn from the archive without the consent of the owner on the grounds provided for by the laws of the Republic of Kazakhstan.

6. Documents of the National Archival Fund, which are in state ownership, cannot be the object of denationalization and privatization, purchase, sale, exchange or donation, that is, transactions related to the transfer of ownership, as well as exported for permanent storage to other states.

7. Documents of the National Archival Fund, which are privately owned, may be the object of purchase, exchange or donation, as well as exported outside the Republic of Kazakhstan only after prior written approval of the owner with the authorized body and subject to the delivery of duplicates or copies of these documents for permanent storage in the state archive.

8. The transfer of ownership rights to documents of individuals and non-governmental legal entities to the State is carried out by agreement of the parties. Individuals may set a time limit for access to them for no more than 70 years from the date of transfer to the archive.

The footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated 10.11.2001 N 256; dated 20.12.2004 N 13 (effective from 01.01.2005); dated 28.10.2015 No. 368-V (effective after ten calendar days after the date of its first official publication); dated 16.05.2018 No. 155-VI (effective after ten calendar days after the date of its first official publication).

The Law of the Republic of Kazakhstan dated December 22, 1998 No. 326-1.

This Law regulates public relations in the field of collection, acquisition, storage, state accounting and use of documents of the National Archival Fund of the Republic of Kazakhstan and the state administration of archival affairs in the

President

Republic of Kazakhstan

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