On amendments and additions to certain legislative acts of the Republic of Kazakhstan on archival affairs and restrictions on the distribution of illegal content

Home / Changes / On amendments and additions to certain legislative acts of the Republic of Kazakhstan on archival affairs and restrictions on the distribution of illegal content

The Law of the Republic of Kazakhstan dated December 30, 2025 No. 248-VIII SAM

IZPI's note!

For the procedure for the enactment of this Law, see art. 2.

Article 1. To make amendments and additions to the following legislative acts of the Republic of Kazakhstan:

1. To the Labor Code of the Republic of Kazakhstan dated November 23, 2015:

1) subparagraph 2) of Article 18 after the word "culture," add the words "archival affairs,";

2) parts two and three of paragraph 9 of Article 139 after the word "culture," add the words "archival affairs,".

2. To the Law of the Republic of Kazakhstan dated December 22, 1998 "On the National Archival Fund and Archives":

1) in article 1:

subparagraph 1) after the word "subdivision", add the words "or a subdivision within a structural subdivision";

add subparagraph 5-1) to read as follows:

"5-1) depository storage of archival documents – storage of documents in an archive on the terms determined by an agreement between the owner of the documents and the relevant archive, while retaining ownership of archival documents for the owner;";

Subparagraph 9) should be worded as follows:

"9) transfer of archival documents into electronic form – creation of electronic copies of archival documents and their entry into a digital archive;";

Add sub-paragraphs 9-1) and 11-1) to read as follows:

"9-1) a copy of an archival document on the rights of the original – a copy reproducing the information and external features of the original archival document owned by other states, as well as individuals or legal entities;";

"11-1) a mandatory copy of audiovisual documents is a copy of various types of film, photo, phono and video documents, subject to gratuitous transfer by its producer to the state archives;";

subparagraph 15) should be worded as follows:

"15) personnel documents – documents generated when hiring, serving, transferring, transferring, or dismissing an employee, employee on vacation, business trips, secondment, encouragement, payroll, information on deduction and deduction of money for social, pension, and medical care, studies, and qualifications, rank, title and other documents related to ensuring the rights and legitimate interests of citizens;";

add the following sub-items 15-1), 15-2), 17-1), 19-1), 23-1), 23-2), 24-1) and 24-2) as follows:

"15-1) the source of acquisition is an individual or legal entity, in the course of whose activities documents of the National Archival Fund are formed, which are subject to permanent storage;

15-2) an electronic copy of a paper document is an electronic display of a paper document corresponding to the original and certified by an electronic digital signature of the person who produced such an electronic display;";

"17-1) examination of the scientific and practical value of documents – examination of documents based on the criteria of their value in order to establish the retention period of documents and select them for inclusion in the National Archival Fund;";

"19-1) The State Stock Catalog is a systematized register of archival funds, providing information on the composition, content, location and accessibility of documents of the National Archival Fund;";

"23-1) permanent storage of documents of the National Archival Fund – storage of documents of the National Archival Fund without a fixed term (indefinite);

23-2) temporary storage of documents of the National Archival Fund – storage of documents of the National Archival Fund until they are transferred to permanent storage in accordance with the procedure established by the authorized body;";

"24-1) electronic archival document – an archival document submitted in electronic form and certified by means of an electronic digital signature;

24-2) a copy of an electronic document on paper means an electronic document printed on paper, certified in accordance with the procedure determined by the authorized body;";

2) add article 1-2 as follows:

"Article 1-2. Status of the State Archives

1. State archives, whose activities in the field of archival affairs are of special state and public importance, are given the status of "National".

2. The status of "National" is assigned by the President of the Republic of Kazakhstan on the proposal of the Government of the Republic of Kazakhstan in accordance with the procedure approved by the President of the Republic of Kazakhstan.";

3) Article 3 is amended in Kazakh, the text in Russian is not changed;

4) in paragraph 1 of Article 4:

The first paragraph should be worded as follows:

"1. The National Archival Fund includes archival documents regardless of the source of their origin, time and method of creation, type of media, forms of ownership and storage location:";

Subparagraph 2) should be worded as follows:

"2) management, research, development, design, design estimates, technological, urban planning, patent licensing, cartographic, geodetic, geological, telemetric and other special documentation, including drawings and text entries to them;";

Add sub-paragraphs 8), 9) and 10) as follows:

"8) copies of archival documents on the rights of originals;

9) electronic copies of documents on paper;

10) hard copies of electronic documents.";

5) in article 5:

In paragraph 1, the words "Library of the First President of the Republic of Kazakhstan – Elbasy," should be deleted;

Paragraph 4 should be worded as follows:

"4. The State shall take measures to return documents on the history of Kazakhstan located abroad and documents of foreign origin historically related to the Republic of Kazakhstan, and finance their identification and acquisition.";

6) in subparagraph 1) of paragraph 3 of Article 6, the words "agreed with the relevant local executive authorities" should be deleted;

7) in article 7:

the title is changed in Kazakh, the text in Russian does not change.;

in subparagraph 1) of paragraph 2, the words "Library of the First President of the Republic of Kazakhstan – Elbasy," should be deleted;

Paragraph 6 should be supplemented with the words ", except for the case provided for in paragraph 3 of Article 13 of this Law";

8) Paragraph 4 of article 8:

after the word "composition" add the words "mandatory";

add the following part of the second part:

"The State Archive or a special state archive issues an archival certificate of admission to state custody of documents of the National Archival Fund and personnel.";

9) paragraph 1 of Article 10 shall be worded as follows:

"1. The National Archive of the Republic of Kazakhstan maintains the State Stock Catalog.";

10) in article 11:

in paragraph 2:

the words "Library of the First President of the Republic of Kazakhstan – Elbasy," should be deleted;

replace the words "and cities" with the words ", cities of republican significance, capital, cities and districts";

in paragraph 4, the words "Library of the First President of the Republic of Kazakhstan – Elbasy or local executive bodies of regions, cities of republican significance and the capital" should be replaced by the words "state archives of regions, cities of republican significance, capital, cities and districts";

11) paragraph 1 of article 13:

after the word "transfer," add the words "in an orderly manner.";

add the following part of the second part:

"Before transferring documents for permanent storage to the state archive, legal entities carry out an examination of their scientific and practical value in accordance with the procedure determined by the authorized body.";

12) add article 13-1 to Chapter 3 as follows:

"Article 13-1. Submission of a mandatory copy of audiovisual documents

1. Individuals and legal entities producing audiovisual documents of historical, cultural and scientific value at the expense of budgetary funds, including co-financing, shall, within thirty calendar days from the date of their first production, transfer mandatory copies of audiovisual documents with text accompanying documentation to the state archives free of charge in order to ensure the preservation of the historical and cultural heritage of the people of Kazakhstan. for state storage.

2. Individuals and non-governmental legal entities that produce audiovisual documents of historical, cultural and scientific value at their own expense have the right to transfer, free of charge, mandatory copies of audiovisual documents with text accompanying documentation to the state archives in order to ensure the preservation of the historical and cultural heritage of the people of Kazakhstan for state storage.";

13) Article 15-1 should be worded as follows:

"Article 15-1. Transfer of archival documents to electronic form

1. Departmental archives are required to ensure that archival documents of the National Archival Fund and personnel, including documents required for the provision of public services, are translated into electronic form on an ongoing basis in accordance with the procedure determined by the authorized body.

2. Access to archival documents translated into electronic form is open to all users of archival documents in compliance with the requirements for the protection of state, commercial and other legally protected secrets.

3. An electronic copy of an archival document on paper is equivalent to the original original of the archival document.";

14) add article 15-2 as follows:

"Article 15-2. Digital Archive

1. A digital archive is a set of electronic archival documents and electronic copies of archival documents organized and stored in electronic form in accordance with the procedure determined by the authorized body.

2. The digital archive functions in order to preserve the historical and cultural heritage of the people of Kazakhstan.

3. The digital archive ensures the accessibility, safety, integrity and confidentiality of the stored information in accordance with the requirements of the legislation of the Republic of Kazakhstan.

4. The digital archive includes electronic archival documents and electronic copies of archival documents on paper, formed and stored in accordance with the legislation of the Republic of Kazakhstan on the National Archival Fund and archives.

5. The procedure for the functioning of the digital archive is determined by the authorized body in coordination with the authorized body in the field of information security.

6. The digital archive provides an opportunity to search, access and use archival documents, the State Stock Catalog.

7. Access to the digital archive is carried out in compliance with the requirements of information security and the procedure for its functioning.";

15) add paragraph 1-1 to article 16 as follows:

"1-1. The restriction on access to documents of the National Archival Fund and other archival documents containing information about the private life, personal and family secrets of an individual is established for a period of seventy-five years from the date of creation of these documents.

The restriction may be lifted with the written permission of an individual or his heirs after his death.";

16) sub-paragraphs 2) and 3) of Article 16-1 should be worded as follows:

"2) to prevent distortion and falsification of the information used contained in archival documents;

3) when publishing or quoting archival documents, provide a link to the place of their storage and their owner.";

17) in article 18:

add paragraph 1-2 as follows:

"1-2. The Government of the Republic of Kazakhstan submits for approval by the President of the Republic of Kazakhstan the procedure and conditions for awarding the status of "National" to the state archives.";

Paragraph 2 should be supplemented with subparagraph 13-1) as follows:

"13-1) making proposals to the Government of the Republic of Kazakhstan on awarding the status of "National" to the state archives;";

in subparagraph 2) of paragraph 3, the words ", the state archives of the region, the city of republican significance and the capital" should be replaced by the words "to the state archives of the regions, cities of republican significance, the capital, cities and districts";

18) in subparagraph 2) of Article 20, the words "Library of the First President of the Republic of Kazakhstan – Elbasy," should be deleted.

3. To the Law of the Republic of Kazakhstan dated August 8, 2002 "On the Rights of the Child in the Republic of Kazakhstan":

1) Paragraph 3 of article 34:

after the word "mass media," add the words "telecommunications networks, online platforms,";

after the word "violence," add the words "promoting non-traditional sexual orientation, pedophilia,";

2) paragraph 1 of article 39:

after the word "pornography," add the words "promoting non-traditional sexual orientation, pedophilia,";

add the following parts of the second and third sections:

"Pedophilia propaganda is understood as the dissemination of information about pedophilia and (or) adherence to it, committed publicly or using mass media, telecommunications networks or online platforms, including intentionally distorted information for an unspecified group of people, in order to form a positive public opinion.

Propaganda of non-traditional sexual orientation is understood as the dissemination of information about non-traditional sexual orientation and (or) commitment to it, committed publicly or using mass media, telecommunications networks or online platforms, including intentionally distorted information for an unspecified group of people, in order to form a positive public opinion."

4. To the Law of the Republic of Kazakhstan dated December 19, 2003 "On Advertising":

Paragraph 6 of article 6 after the word "violence," add the words "non-traditional sexual orientation, pedophilia,".

5. To the Law of the Republic of Kazakhstan dated July 5, 2004 "On Communications":

In paragraph 1-1 of article 41-1, the words "over the telecommunications network" should be replaced by the words "using mass media, telecommunications networks or online platforms".

6. To the Law of the Republic of Kazakhstan dated July 8, 2005 "On State regulation of the development of the agro-industrial complex and rural areas":

subparagraph 4) of paragraph 3 of Article 7 and paragraph 4 of Article 18 after the word "culture," add the words "archival affairs,".

7. To the Law of the Republic of Kazakhstan dated December 15, 2006 "On Culture":

subparagraph 5) of paragraph 5 of Article 9-1 after the word "violence," add the words "non-traditional sexual orientation, pedophilia,".

8. To the Law of the Republic of Kazakhstan dated July 27, 2007 "On Education":

Add the words "non-traditional sexual orientation, pedophilia, pornography," after the word "exclusivity," to the third part of paragraph 3 of Article 28.

9. To the Law of the Republic of Kazakhstan dated May 21, 2013 "On Personal Data and their Protection":

Subparagraph 2) of paragraph 3 of Article 3 shall be worded as follows:

"2) the formation, storage and use of documents of the National Archival Fund of the Republic of Kazakhstan and other archival documents, with the exception of archival documents containing information about the private life, personal and family secrets of an individual, in accordance with the legislation of the Republic of Kazakhstan on the National Archival Fund and archives;".

10. To the Law of the Republic of Kazakhstan dated July 2, 2018 "On the protection of children from information harmful to their health and development":

1) add the words "telecommunications networks, on online platforms" to subparagraph 3) of paragraph 1 of Article 7;

2) in subparagraph 6) of the first part of paragraph 2 of Article 15, the words "online publications" should be replaced by the words "online publications, online platforms";

3) in article 16:

Add subparagraph 7) to paragraph 2 as follows:

"7) promoting non-traditional sexual orientation, pedophilia.";

In the first part of paragraph 3, the words "except for information products distributed via the Internet" should be deleted.;

4) in article 18:

add the word ", online platforms" to the title;

Replace the words "including the Internet," with the word "online platforms,".

11. To the Law of the Republic of Kazakhstan dated January 3, 2019 "On Cinematography":

subparagraph 4) of paragraph 6 of Article 7 after the word "violence," add the words "non-traditional sexual orientation, pedophilia,".

12. To the Law of the Republic of Kazakhstan dated July 10, 2023 "On Online Platforms and Online Advertising":

the second part of paragraph 1 of Article 14 after the word "suicide," add the words "non-traditional sexual orientation, pedophilia,".

13. To the Law of the Republic of Kazakhstan dated June 19, 2024 "On Mass Media":

1) paragraph 4 of Article 2 after the word "violence" should be supplemented with the words ", non-traditional sexual orientation, pedophilia";

2) paragraph 3 of Article 23 after the word "character," add the words "propaganda of non-traditional sexual orientation, pedophilia,";

3) subparagraph 3) of paragraph 1 of Article 25 after the word "violence," add the words "non-traditional sexual orientation, pedophilia,";

4) paragraph 4 of Article 67 after the word "violence" should be supplemented with the words ", non-traditional sexual orientation, pedophilia".

Article 2. This Law shall enter into force sixty calendar days after the date of its first official publication, with the exception of:

1) the sixth paragraph of subparagraph 1), subparagraph 14) of paragraph 2 of Article 1, which come into force from the date of the Digital Code of the Republic of Kazakhstan;

2) subparagraph 2) of paragraph 2 of Article 1, which will enter into force on January 1, 2027.

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