On amendments and additions to certain legislative acts of the Republic of Kazakhstan on the protection of historical and cultural heritage sites and educational and recreational services

Home / Changes / On amendments and additions to certain legislative acts of the Republic of Kazakhstan on the protection of historical and cultural heritage sites and educational and recreational services

The Law of the Republic of Kazakhstan dated December 26, 2025 No. 242-VIII SAM

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

1. To the Land Code of the Republic of Kazakhstan dated June 20, 2003:

1) add the words "protection and use of objects of historical and cultural heritage" to subparagraph 2) of the seventh part of paragraph 2 of Article 43;

2) in paragraph 1 of article 127:

Part two:

after the word "produced", add the words "unplanned (preventive)";

add the words "on the protection and use of historical and cultural heritage sites";

Add the words "and safety" to the fourth part after the word "existence".;

add the following part of the fifth:

"Land owners and land users do not interfere with archaeological work.".

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

1) Subparagraph 12-3) of Article 1 shall be worded as follows:

"12-3) the State museum fund (hereinafter referred to as the museum fund) is a collection of information about cultural property held by state museums, museums of various profiles, including museum reserves and museums of private collections, as well as individuals or legal entities that store cultural property;";

2) subparagraph 2) of Article 8, after the words "museum business", add the words ", protection and use of objects of historical and cultural heritage";

3) paragraph 5 of Article 19 should be supplemented with the thirteenth paragraph as follows:

"organizations for the protection and use of historical and cultural heritage sites;";

4) Subparagraph 1) of paragraph 2 of Article 32 shall be worded as follows:

"1) archaeological finds and archaeological material;".

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

1) in article 1:

Subparagraph 28-2) should be worded as follows:

"28-2) educational and recreational services for minors – a set of measures and services aimed at the development, education and rehabilitation of children provided by organizations of additional education for children implementing educational and recreational programs for minors;";

add subparagraph 28-3) to read as follows:

"28-3) juvenile adaptation centers – organizations under the jurisdiction of educational authorities that provide reception and temporary maintenance of neglected and street children aged three to eighteen years for the establishment of parents or other legal representatives and transfer to them, children left without parental care or persons replacing them, in case of impossibility of their timely placement, children selected in case of immediate threat their life or health by the guardianship authority from their parents (one of them) or from other persons in whose care they are, children, children who are sent to special educational institutions, as well as children in need of special social services as a result of abuse that has led to social maladaptation and social deprivation;";

2) in the first part of Article 5:

subparagraph 21) should be supplemented with the words ", which does not include the provision of educational and recreational services to minors";

In subparagraph 23), the words "on preschool education and training and additional education for children" should be deleted.;

3) paragraph 2 of Article 23 should be supplemented with subparagraph 1-1) as follows:

"1-1) educational and recreational programs for minors;";

4) in article 40:

Paragraph 1 should be supplemented with the words "educational programs of additional education";

Sub-paragraph 12) of paragraph 4 should be deleted;

5) in article 57:

in paragraph 3-1:

add the following part of the third:

"Licenses and (or) appendices to licenses for educational activities for organizations of additional education for children providing educational and recreational services to minors are issued with a validity period of five years.";

In part five:

subparagraph 1) should be supplemented with the words ", as well as organizations of additional education for children providing educational and recreational services to minors";

subparagraph 3) after the word "education", add the words ", organizations of additional education for children providing educational and recreational services to minors,";

In subparagraph 1) of part six, replace the word "fourth" with the word "fifth".;

6) in article 68:

in paragraph 2-1:

add the words "not including the provision of educational and recreational services to minors" to the second paragraph;

the fourth paragraph after the words "for children," should be supplemented with the words "with the exception of the educational and recreational program for minors,";

the fifth paragraph after the words "for children" should be supplemented with the words ", which does not include the provision of educational and recreational services to minors,";

the sixth paragraph after the words "for children," should be supplemented with the words "with the exception of the educational and recreational program for minors,";

in the ninth paragraph:

after the words "for children," add the words "with the exception of educational and recreational programs for minors,";

the words "on preschool education and training and additional education for children" should be deleted;

Delete paragraph 2-2.

4. To the Law of the Republic of Kazakhstan dated May 16, 2014 "On Permits and Notifications":

1) in paragraph 1-1 of Article 53, the word "January" should be replaced by the word "April";

2) in Appendix 1:

Line 2 should be worded as follows:

License to carry out scientific and restoration work on historical and cultural monuments

Inalienable; validity period

5 years old;

Class 1

add line 2-1 to read as follows:

2-1.

License for archaeological work activities

Inalienable; valid for 5 years;

Class 1

in column 4 of paragraph 9 of line 3, replace the words "1 year" with the words "5 years";

3) add the words "not including the provision of educational and recreational services to minors" to paragraph 12-1 of Appendix 3.

5. To the Law of the Republic of Kazakhstan dated December 26, 2019 "On the Protection and Use of Historical and Cultural Heritage Sites":

1) in article 3:

Sub-paragraphs 2) and 3) should be worded as follows:

"2) archaeological sites – sites, hillforts, remains of buildings, settlements, fortifications, industries, canals, roads, burial grounds, mounds, necropolises, megalithic structures, stone sculptures, rock art objects, including petroglyphs, sites of the historical cultural layer of settlements and other objects with traces of human life and activity in the historical in the past, to be identified, researched and preserved through archaeological work;

3) archaeological work – planned or unplanned (preventive) archaeological work to identify, study and preserve objects of historical and cultural heritage through archaeological exploration and excavation;";

add the following sub-items 3-1), 3-2), 3-3), 3-4), 3-5), 3-6), 3-7), 3-8) and 3-9) as follows:

"3-1) the register of objects of historical and cultural heritage identified during archaeological work is a list of objects of historical and cultural heritage identified during archaeological work, formed in a single automated information system for archaeological work;

3-2) the register of persons carrying out archaeological work is a list of individuals and legal entities carrying out archaeological work in the territory of the Republic of Kazakhstan on the basis of a license for archaeological work, formed in a single automated information system for archaeological work.;

3-3) the unified automated information system for archaeological work is an object of informatization that provides data management on objects of historical and cultural heritage identified during archaeological work.;

3-4) archaeological material – objects and samples identified during archaeological work and of value as objects of scientific research;

3-5) mass archaeological finds – archaeological finds in the form of fragments, details or multiple objects of the same type that have no special value and collectively reflect the cultural and chronological features of the studied object of historical and cultural heritage.;

3-6) The State Fund of Mass Archaeological Finds and Archaeological Materials is a set of mass archaeological finds and archaeological materials obtained during archaeological work in the territory of the Republic of Kazakhstan and subject to storage in the National Depository of Mass Archaeological Finds and Archaeological Materials;

3-7) individual archaeological finds – archaeological finds having a special historical, cultural, scientific value and reflecting the cultural and chronological features of the studied object of historical and cultural heritage;

3-8) unscheduled (preventive) archaeological work – work on the identification, research and preservation of objects of historical and cultural heritage located on land plots subject to development and (or) under threat of destruction, through archaeological exploration and excavation;

3-9) planned archaeological work – scientific research work on the identification, research and preservation of objects of historical and cultural heritage through archaeological exploration and excavation, carried out on the basis of the plan of archaeological work;";

2) in article 10:

in subparagraph 23), replace the words "and (or)" with the words "implementation activities";

add subparagraph 23-1) as follows:

"23-1) develops and approves the rules of activity of organizations for the protection and use of objects of historical and cultural heritage;";

3) Article 12 should be worded as follows:

"Article 12. Licensing of activities in the field of protection and use of objects of historical and cultural heritage

1. Activities in the field of protection and use of objects of historical and cultural heritage are subject to licensing in accordance with this Law and the legislation of the Republic of Kazakhstan on permits and notifications.

2. Applicants who have applied for a license to carry out scientific and restoration work on historical and cultural monuments, and licensees engaged in this type of activity, must include at least one specialist restorer with secondary technical and professional education with at least five years of work experience or a researcher in the relevant field. specialties with at least five years of work experience and an academic degree in this field or master's degrees, Doctor of specialty, Doctor of Philosophy (PhD).

Applicants who have applied for a license to carry out archaeological work and licensees engaged in this type of activity must include at least one researcher with a higher education in the relevant specialty with at least five years of work experience and a degree in this field or doctorate degrees in the field, Doctor of Philosophy (PhD).

A researcher or specialist restorer working for an organization licensed to carry out scientific and restoration work on historical and cultural monuments and/or to carry out archaeological work cannot be claimed by another organization during the application process for licenses for these types of activities.

3. Licensing of activities in the field of protection and use of objects of historical and cultural heritage is carried out by the authorized body.

4. The licensor suspends licenses for scientific and restoration work on historical and cultural monuments and (or) archaeological work in case of non-compliance with the requirements of the legislation of the Republic of Kazakhstan on the protection and use of historical and cultural heritage sites for up to six months in accordance with the procedure provided for by the laws of the Republic of Kazakhstan.

5. The licensor shall revoke licenses for scientific and restoration work on historical and cultural monuments and (or) for archaeological work in the event of complete or partial physical loss of an object of historical and cultural heritage or a monument of history and culture due to the fault of the licensee, resulting from non-compliance with the requirements of the legislation of the Republic of Kazakhstan on the protection and the use of historical and cultural heritage sites.

6. Licenses for scientific and restoration work on historical and cultural monuments and for archaeological work are issued with a validity period of five years.";

4) paragraph 1 of Article 23 should be supplemented with the second part as follows:

"When using historical and cultural monuments, their damage, destruction and (or) causing other damage to their historical, scientific, artistic or cultural value and preservation are not allowed.";

5) in article 28:

The title should be worded as follows:

"Article 28. Zones of protection of historical and cultural monuments and objects of historical and cultural heritage identified during archaeological work";

add paragraphs 1-1 and 2-1 as follows:

"1-1. In order to ensure the preservation of objects of historical and cultural heritage identified during archaeological work, a security zone is established for each object of historical and cultural heritage.

The boundaries of the protected area of an object of historical and cultural heritage identified during archaeological work are determined by the natural or legal person who identified this object of historical and cultural heritage, in coordination with the local executive body.";

"2-1. Local executive bodies ensure the formation, collection and updating of spatial data on the established boundaries of protected areas, building regulation zones and areas of protected natural landscape of historical and cultural monuments, as well as protected areas of historical and cultural heritage sites in a single automated information system for archaeological work for subsequent publication on the public cadastral map of the information system of the unified the state cadastre of real estate through integration interaction.";

6) in article 30:

in paragraph 1:

Part one:

after the word "produced", add the words "unplanned (preventive)";

add the words "on the protection and use of historical and cultural heritage sites";

Add the following parts to the second, third, fourth and fifth sections:

"Based on the results of unscheduled (preventive) archaeological work, a conclusion of historical and cultural expertise is issued through archaeological exploration.

The natural or legal person who conducted the historical and cultural expertise shall notify the local executive authorities of its results by sending a copy of the conclusion of the historical and cultural expertise within five working days from the date of its issuance.

The conclusion of the historical and cultural expertise issued following the results of unscheduled (preventive) archaeological work through archaeological exploration is the basis for conducting unscheduled (preventive) archaeological work through archaeological excavations.

Unscheduled (preventive) archaeological work is carried out at the expense of individuals and legal entities developing territories.";

in paragraph 2:

in part one, replace the words "at the stage of land development, they are within one month from the date of notification of discovery" with the words "during unscheduled (preventive) archaeological work, information about them within ten working days from the date of receipt of a copy of the conclusion of the historical and cultural expertise";

In part two, replace the words "land development" with the words "unplanned (preventive) archaeological work";

exclude part three;

7) in article 32:

Paragraph 2 should be supplemented with the following part two:

"Scientific and design documentation of scientific and restoration work on historical and cultural monuments should provide requirements for work on protected areas of historical and cultural monuments, if necessary, their adaptation.";

In paragraph 4, the words "and (or) archaeological work" should be deleted;

8) in article 34:

The title should be worded as follows:

"Article 34. Carrying out archaeological work";

in the first part of paragraph 1, the words "scientific and restoration work on historical and cultural monuments and (or)" should be deleted;

in paragraph 2:

The first and second parts should be worded as follows:

"2. Archaeological work is divided into planned and unplanned (preventive) archaeological work.

Scheduled archaeological work is carried out on the basis of an archaeological work plan approved by the authorized body. Carrying out scheduled archaeological work outside the plan is not allowed.";

add the following part of the fourth:

"Unscheduled (preventive) archaeological work is carried out in accordance with Article 30 of this Law.";

In paragraph 3, the words "conservation work on the site, to restore land and other natural objects that have been disturbed as a result of archaeological work" should be replaced by the words "conservation and reclamation work on the site";

Delete paragraph 4;

add paragraph 5 as follows:

"5. When carrying out archaeological work, the use of special technical search tools (metal detectors, radars, magnetic devices, and other technical means to determine the presence of archaeological objects in the location) or earthmoving machines is allowed exclusively by individuals or legal entities licensed to carry out archaeological work.";

9) add articles 34-1, 34-2 and 34-3 as follows:

"Article 34-1. National Archaeological Survey

1. The National Archaeological Service is a structural subdivision of a legal entity with one hundred percent state participation in the authorized capital, determined by the Government of the Republic of Kazakhstan.

2. National Archaeological Survey:

1) monitors archaeological work;

2) conducts scientific and methodological support of archaeological work;

3) maintains a unified automated information system for archaeological work in accordance with the procedure determined by the authorized body;

4) collects, analyzes and systematizes reports on the results of archaeological work;

5) performs other functions determined by the Government of the Republic of Kazakhstan.

Article 34-2. Unified automated information system for archaeological work

1. A unified automated information system for archaeological work is being created in order to ensure the management of data on historical and cultural heritage sites identified during archaeological work.

2. The objectives of the unified automated information system for archaeological work are:

1) collection, systematization, digitization, storage of data on objects of historical and cultural heritage identified during archaeological work, and the results of their research and preservation;

2) collection and systematization of information about individuals and legal entities engaged in archaeological work;

3) assistance in the identification, research and preservation of historical and cultural heritage sites identified during archaeological work.

3. The sources of the formation of a unified automated information system for archaeological work are:

1) video, photo and printed products;

2) printed and handwritten texts containing information about objects of historical and cultural heritage identified during archaeological work;

3) passports of archaeological sites, security obligations, decisions on the definition of their protected areas;

4) abstracts, dissertations, reports on scientific and (or) scientific and technical activities;

5) other materials related to objects of historical and cultural heritage identified during archaeological work.

4. The unified automated information system for archaeological work includes:

1) the register of objects of historical and cultural heritage identified during archaeological work;

2) the register of persons carrying out archaeological work;

3) information about individuals and legal entities responsible for the preservation of historical and cultural heritage sites identified during archaeological work, in accordance with this Law;

4) conclusions of historical and cultural expertise;

5) data generated on the basis of the sources of information specified in paragraph 3 of this Article.

Article 34-3. Archaeological finds and archaeological materials

1. All individual archaeological finds obtained by individuals and legal entities of the Republic of Kazakhstan and other states as a result of archaeological work on the territory of the Republic of Kazakhstan are transferred to the state museums of the Republic of Kazakhstan in accordance with the procedure determined by the authorized body.

2. All mass archaeological finds and archaeological materials obtained by individuals or legal entities of the Republic of Kazakhstan and other states as a result of archaeological work on the territory of the Republic of Kazakhstan are deposited in the National Depository of Mass Archaeological Finds and Archaeological Materials, determined by the Government of the Republic of Kazakhstan, and included in the State Fund of Mass Archaeological Finds and Archaeological Materials in the manner determined by by the authorized body.

3. The classification of archaeological finds as individual or mass is carried out by a natural or legal person who identified them in the course of archaeological work.

4. The National Depository of Mass Archaeological Finds and Archaeological Materials ensures the safety, storage, scientific research and use of the State Fund of Mass Archaeological Finds and Archaeological Materials in accordance with the procedure determined by the authorized body.

Individuals and legal entities are provided with free and gratuitous access to the State Fund of Mass Archaeological Finds and Archaeological Materials in compliance with the legislation of the Republic of Kazakhstan on copyright and related rights.

5. Archaeological finds discovered by individuals on the territory of the Republic of Kazakhstan outside of archaeological work are transferred to the state museums of the Republic of Kazakhstan in accordance with the procedure determined by the authorized body.";

10) in article 36:

Subparagraph 1) of paragraph 1 shall be worded as follows:

"1) materials obtained as a result of unscheduled (preventive) archaeological work on land plots to be developed, substantiating the presence or absence of a threat to the existence of objects of historical and cultural heritage;";

Paragraph 2 should be worded as follows:

"2. Historical and cultural expertise is carried out by individuals and legal entities who have a license to carry out scientific and restoration work on historical and cultural monuments or to carry out archaeological work and a certificate of accreditation as a subject of scientific and (or) scientific and technical activities in accordance with the legislation of the Republic of Kazakhstan on science and technological policy.".

6. To the Law of the Republic of Kazakhstan dated December 30, 2024 "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on State Awards, Education and Protection of the Rights of the Child":

in paragraph 7 of article 1:

in the tenth paragraph of subparagraph 5), replace the words "subparagraphs 21) and 23)" with the words "subparagraph 21)";

in subparagraph 27):

add the words "not including the provision of educational and recreational services to minors" to the second paragraph;

the third paragraph after the words "for children," should be supplemented with the words "with the exception of the educational and recreational program for minors,";

the fourth paragraph after the words "for children" should be supplemented with the words ", which does not include the provision of educational and recreational services to minors,";

the fifth paragraph after the words "for children," should be supplemented with the words "with the exception of the educational and recreational program for minors,";

in the eighth paragraph:

after the words "for children," add the words "with the exception of educational and recreational programs for minors,";

The words "additional education for children" should be deleted.

Article 2.

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

1) paragraph three of subparagraph 4), paragraph ten of subparagraph 6) of paragraph 3, subparagraph 1) of paragraph 4 of Article 1, which will enter into force on December 31, 2025;

2) subitem 1), paragraph two of subitem 2), subitem 3), paragraph two of subitem 4), subitem 5), paragraphs two, three, four, fifth, sixth, seventh, eighth and ninth of subitem 6) of paragraph 3, paragraph six of subitem 2), subitem 3) of paragraph 4 of the article 1, which will enter into force on April 1, 2026.

2. Individuals and legal entities engaged in the protection and use of historical and cultural heritage sites on the basis of licenses for scientific and restoration work on historical and cultural monuments and (or) archaeological work issued before the entry into force of this Law, by July 1, 2027, must bring their activities in line with requirements of this Law.

President

Republic of Kazakhstan

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