On approval of the Rules for issuing a film distribution certificate

Order of the Minister of Culture and Sports of the Republic of Kazakhstan No. 125 as of May 3, 2019. Registered with the Ministry of Justice of the Republic of Kazakhstan on May 8, 2019, No. 18639

      Order of the Minister of Culture and Sports of the Republic of Kazakhstan No. 125 as of May 3, 2019. Registered with the Ministry of Justice of the Republic of Kazakhstan on May 8, 2019, No. 18639

      Unofficial translation

      In accordance with subparagraph 6) of Article 5 of the Law of the Republic of Kazakhstan “On Cinematography” as of January 3, 2019, I hereby ORDER:

      1. To approve the appended Rules for issuing a film distribution certificate.

      2. In accordance with the procedure established by the legislation of the Republic of Kazakhstan, the Culture and Art Department of the Ministry of Culture and Sports of the Republic of Kazakhstan shall:

      1) ensure state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;

      2) within ten calendar days of the state registration of this order, send it in electronic form in Kazakh and Russian to the Republican State Enterprise with the Right of Economic Management “Institute of Legislation and Legal Information” of the Ministry of Justice of the Republic of Kazakhstan for its official publication and inclusion into the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;

      3) within two calendar days of the entry into force of this order, place it on the website of the Ministry of Culture and Sports of the Republic of Kazakhstan;

      4) within two working days of the implementation of measures, provided for in this paragraph, submit information about the implementation of measures to the Legal Department of the Ministry of Culture and Sports of the Republic of Kazakhstan.

      3. The control over the execution of this order shall be assigned to the supervising deputy minister of culture and sports of the Republic of Kazakhstan.

      4. This order shall take effect ten calendar days of its first official publication.

      Minister of Culture and Sports of
the Republic of Kazakhstan
А. Mukhamediuly

      "AGREED"

      Ministry of Digital Development,

      Defense and Aerospace Industry of

      the Republic of Kazakhstan

  Approved by
Order № 125 as of May 3, 2019
of the Minister of Culture and
Sports of the
Republic of Kazakhstan

Rules for issuing a film distribution certificate

Chapter 1. General provisions

      1. These Rules for issuing a film distribution certificate (hereinafter referred to as the Rules) are developed in accordance with subparagraph 6) of Article 5 of the Law of the Republic of Kazakhstan “On Cinematography” as of January 3, 2019 and determine the procedure for issuing a film distribution certificate (hereinafter referred to as the distribution certificate).

      2. A distribution certificate is a document of a standard form certifying the right of an individual or legal entity to distribute a film in the territory of the Republic of Kazakhstan, which contains technical information about the film, information about the film makers, age category and genre of the film.

      3. A distribution certificate is issued for films produced in the Republic of Kazakhstan, and also for those imported (delivered) in the Republic of Kazakhstan for release and public performance (demonstration), except for films imported (delivered) for demonstration at festivals, seminars, retrospective shows, and also for those produced by cinematographic organizations of the former USSR.

Chapter 2. Procedure for issuing a film distribution certificate

      4. In order to obtain a distribution certificate, the applicant must submit the following documents and materials through the “electronic government” web-portals: www.egov.kz, www.elicense.kz (hereinafter referred to as the portal):

      1) an application in the form of an electronic document certified by the electronic digital signature of the applicant in accordance with the Appendix to these Rules;

      2) electronic copies of documents confirming the applicant’s right to the film or its use (notarized copies in Kazakh and (or) Russian shall be attached to documents in a foreign language);

      3) synopsis of the film containing information about the film, with the description of all the scenes to determine the age category;

      4) information about the works used in films produced in the Republic of Kazakhstan.

      5. An application for obtaining a distribution certificate is considered within seven working days of its receipt by the authorized body in the field of cinematography (hereinafter referred to as the authorized body). Based on the results of the application’s consideration, the authorized body takes one of the following decisions:

      1) to issue a distribution certificate after registering the film in the State Register of Films;

      2) reasoned refusal to issue a distribution certificate on the grounds provided for in paragraph 8 of these Rules.

      6. The distribution certificate is issued in the form approved by Order No. 82 of the Minister of Culture and Sports of the Republic of Kazakhstan as of April 1, 2019 “On approval of the form of a film distribution certificate” (registered in the State Registration Register of Regulatory Legal Acts under No. 18473). The distribution certificate is issued in the form of an electronic document certified by the electronic digital signature of the authorized person of the authorized body, sent to the applicant’s personal account on the portal.

      7. The distribution certificate is issued by the authorized body free of charge.

      8. The authorized body refuses the applicant to issue a distribution certificate for the following reasons:

      1) the submission of inaccurate (and) or distorted information by the applicant;

      2) failure by the applicant to submit documents and materials specified in paragraph 4 of these Rules;

      3) if the subject matter of the film deals with propaganda or campaign for the forcible change of the constitutional system, violation of the Republic’s integrity, destruction of national security, incitement of social, racial, national, religious, class and tribal hatred, the cult of cruelty and violence, and also pornography;

      4) if a film not in the Kazakh language is neither dubbed nor subtitled, nor provided with an off-screen Kazakh translation, except for films of limited distribution;

      5) if in a film produced in the Republic of Kazakhstan, other languages ​​used together with the Kazakh language are neither subtitled nor provided with an off-screen Kazakh translation, except for films of limited distribution.

      Films are distributed and shown by TV channels in accordance with the legislation on broadcasting of the Republic of Kazakhstan.

      9. If the authorized body failed to issue a distribution certificate by the established deadline or submit a reasoned refusal to issue a distribution certificate, in these cases the distribution certificate is considered to have been issued on the date of deadline for its issuance.

      The authorized body, within two working days of expiration of the deadline for the issuance of a distribution certificate, shall issue an appropriate distribution certificate.

      10. If the information about the film, which previously served as the basis for the issuance of the distribution certificate, was found to be unreliable and (or) distorted, the authorized body shall suspend the validity of the distribution certificate.

      The validity of the distribution certificate is suspended for the period required to eliminate the reasons that caused the suspension of the distribution certificate, but it may not exceed sixty calendar days.

      The decision to suspend the validity of the distribution certificate is documented by order of the person who issued it, or the person acting for him/her, within three working days of identification of the circumstances by the authorized body and comes into force on the day of notification of the individual or legal entity that received the distribution certificate.

      The distribution certificate is renewed by order of the person who suspended the validity of the distribution certificate, or the person acting for him/her, within three working days of registration of the written application of the individual or legal entity that received the distribution certificate to eliminate the circumstances that caused earlier suspension of the distribution certificate.

      In case of a failure to eliminate circumstances that previously served as the basis for the suspension of the distribution certificate, in case of a dispute, the authorized body revokes the distribution certificate in a judicial proceeding.

  Appendix to
the Rules for issuing a film
distribution certificate
form
To __________________
(full name of the body issuing
a film distribution certificate, surname,
name, patronymic (if any) of
the head of the body)
from ____________________
(full name of the legal entity,
surname,
name, patronymic (if any) of
the head of the legal entity or
surname,
name, patronymic (if any) of
the individual)

Application

      I hereby request for a distribution certificate for the film:

      _______________________________________________________________________

      (the film’s title)

      BIN/IIN: (automatically)__________________________________________________

      Address

      Postal code:

      _______________________________________________________________________

      Country/region/district/populated locality:

      ________________________________________________________________________

      Street:

      ________________________________________________________________________

      House/building number:

      _______________________________________________________________________

      House index:

      _______________________________________________________________________

      Apartment/suite number:

      _______________________________________________________________________

      Telephone number:

      ________________________________________________________________________

      E-mail address (e-mail):

      ________________________________________________________________________

      Information about the film

      Film’s title:

      ________________________________________________________________________

      Country of production:

      ________________________________________________________________________

      Production studio:

      ________________________________________________________________________

      Year of production:

      ________________________________________________________________________

      Format of the film:

      ________________________________________________________________________

      Running time of the film:

      ________________________________________________________________________

      Scriptwriter(s):

      ________________________________________________________________________

      Film director(s):

      ________________________________________________________________________

      Director(s) of photography:

      _______________________________________________________________________

      Production designer(s):

      ________________________________________________________________________

      Composer(s):

      ________________________________________________________________________

      Producer(s):

      ________________________________________________________________________

      Number of film parts:

      ________________________________________________________________________

      Film genre:

      ________________________________________________________________________

      Film language:

      ________________________________________________________________________

      The presence of dubbing or subtitles, or off-screen translation (except for films of limited distribution and films distributed and shown by TV channels):

      ________________________________________________________________________

      Type of the film:

      ________________________________________________________________________

      The rights to the film in the territory of ________________ belong to:

      _________________________________

      The class of the film use rights:

      _______________________________________________________

      The term of the film use rights is from: ____________ to:

      _________________________________

      Age rating symbol:

      ________________________________________________________________________

      ________________________________________________________________________

      (business identification number for a legal entity;

      individual identification number for an individual)

      I agree to the use of information provided for by the public service standard

      “Issuance of a film distribution certificate” constituting a law-protected secret, contained in information systems.


On approval of the Rules for issuing a film distribution certificate

Order of the Minister of Culture and Sports of the Republic of Kazakhstan No. 125 as of May 3, 2019. Registered with the Ministry of Justice of the Republic of Kazakhstan on May 8, 2019, No. 18639

      Order of the Minister of Culture and Sports of the Republic of Kazakhstan No. 125 as of May 3, 2019. Registered with the Ministry of Justice of the Republic of Kazakhstan on May 8, 2019, No. 18639

      Unofficial translation

      In accordance with subparagraph 6) of Article 5 of the Law of the Republic of Kazakhstan “On Cinematography” as of January 3, 2019, I hereby ORDER:

      1. To approve the appended Rules for issuing a film distribution certificate.

      2. In accordance with the procedure established by the legislation of the Republic of Kazakhstan, the Culture and Art Department of the Ministry of Culture and Sports of the Republic of Kazakhstan shall:

      1) ensure state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;

      2) within ten calendar days of the state registration of this order, send it in electronic form in Kazakh and Russian to the Republican State Enterprise with the Right of Economic Management “Institute of Legislation and Legal Information” of the Ministry of Justice of the Republic of Kazakhstan for its official publication and inclusion into the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;

      3) within two calendar days of the entry into force of this order, place it on the website of the Ministry of Culture and Sports of the Republic of Kazakhstan;

      4) within two working days of the implementation of measures, provided for in this paragraph, submit information about the implementation of measures to the Legal Department of the Ministry of Culture and Sports of the Republic of Kazakhstan.

      3. The control over the execution of this order shall be assigned to the supervising deputy minister of culture and sports of the Republic of Kazakhstan.

      4. This order shall take effect ten calendar days of its first official publication.

      Minister of Culture and Sports of
the Republic of Kazakhstan
А. Mukhamediuly

      "AGREED"

      Ministry of Digital Development,

      Defense and Aerospace Industry of

      the Republic of Kazakhstan

  Approved by
Order № 125 as of May 3, 2019
of the Minister of Culture and
Sports of the
Republic of Kazakhstan

Rules for issuing a film distribution certificate

Chapter 1. General provisions

      1. These Rules for issuing a film distribution certificate (hereinafter referred to as the Rules) are developed in accordance with subparagraph 6) of Article 5 of the Law of the Republic of Kazakhstan “On Cinematography” as of January 3, 2019 and determine the procedure for issuing a film distribution certificate (hereinafter referred to as the distribution certificate).

      2. A distribution certificate is a document of a standard form certifying the right of an individual or legal entity to distribute a film in the territory of the Republic of Kazakhstan, which contains technical information about the film, information about the film makers, age category and genre of the film.

      3. A distribution certificate is issued for films produced in the Republic of Kazakhstan, and also for those imported (delivered) in the Republic of Kazakhstan for release and public performance (demonstration), except for films imported (delivered) for demonstration at festivals, seminars, retrospective shows, and also for those produced by cinematographic organizations of the former USSR.

Chapter 2. Procedure for issuing a film distribution certificate

      4. In order to obtain a distribution certificate, the applicant must submit the following documents and materials through the “electronic government” web-portals: www.egov.kz, www.elicense.kz (hereinafter referred to as the portal):

      1) an application in the form of an electronic document certified by the electronic digital signature of the applicant in accordance with the Appendix to these Rules;

      2) electronic copies of documents confirming the applicant’s right to the film or its use (notarized copies in Kazakh and (or) Russian shall be attached to documents in a foreign language);

      3) synopsis of the film containing information about the film, with the description of all the scenes to determine the age category;

      4) information about the works used in films produced in the Republic of Kazakhstan.

      5. An application for obtaining a distribution certificate is considered within seven working days of its receipt by the authorized body in the field of cinematography (hereinafter referred to as the authorized body). Based on the results of the application’s consideration, the authorized body takes one of the following decisions:

      1) to issue a distribution certificate after registering the film in the State Register of Films;

      2) reasoned refusal to issue a distribution certificate on the grounds provided for in paragraph 8 of these Rules.

      6. The distribution certificate is issued in the form approved by Order No. 82 of the Minister of Culture and Sports of the Republic of Kazakhstan as of April 1, 2019 “On approval of the form of a film distribution certificate” (registered in the State Registration Register of Regulatory Legal Acts under No. 18473). The distribution certificate is issued in the form of an electronic document certified by the electronic digital signature of the authorized person of the authorized body, sent to the applicant’s personal account on the portal.

      7. The distribution certificate is issued by the authorized body free of charge.

      8. The authorized body refuses the applicant to issue a distribution certificate for the following reasons:

      1) the submission of inaccurate (and) or distorted information by the applicant;

      2) failure by the applicant to submit documents and materials specified in paragraph 4 of these Rules;

      3) if the subject matter of the film deals with propaganda or campaign for the forcible change of the constitutional system, violation of the Republic’s integrity, destruction of national security, incitement of social, racial, national, religious, class and tribal hatred, the cult of cruelty and violence, and also pornography;

      4) if a film not in the Kazakh language is neither dubbed nor subtitled, nor provided with an off-screen Kazakh translation, except for films of limited distribution;

      5) if in a film produced in the Republic of Kazakhstan, other languages ​​used together with the Kazakh language are neither subtitled nor provided with an off-screen Kazakh translation, except for films of limited distribution.

      Films are distributed and shown by TV channels in accordance with the legislation on broadcasting of the Republic of Kazakhstan.

      9. If the authorized body failed to issue a distribution certificate by the established deadline or submit a reasoned refusal to issue a distribution certificate, in these cases the distribution certificate is considered to have been issued on the date of deadline for its issuance.

      The authorized body, within two working days of expiration of the deadline for the issuance of a distribution certificate, shall issue an appropriate distribution certificate.

      10. If the information about the film, which previously served as the basis for the issuance of the distribution certificate, was found to be unreliable and (or) distorted, the authorized body shall suspend the validity of the distribution certificate.

      The validity of the distribution certificate is suspended for the period required to eliminate the reasons that caused the suspension of the distribution certificate, but it may not exceed sixty calendar days.

      The decision to suspend the validity of the distribution certificate is documented by order of the person who issued it, or the person acting for him/her, within three working days of identification of the circumstances by the authorized body and comes into force on the day of notification of the individual or legal entity that received the distribution certificate.

      The distribution certificate is renewed by order of the person who suspended the validity of the distribution certificate, or the person acting for him/her, within three working days of registration of the written application of the individual or legal entity that received the distribution certificate to eliminate the circumstances that caused earlier suspension of the distribution certificate.

      In case of a failure to eliminate circumstances that previously served as the basis for the suspension of the distribution certificate, in case of a dispute, the authorized body revokes the distribution certificate in a judicial proceeding.

  Appendix to
the Rules for issuing a film
distribution certificate
form
To __________________
(full name of the body issuing
a film distribution certificate, surname,
name, patronymic (if any) of
the head of the body)
from ____________________
(full name of the legal entity,
surname,
name, patronymic (if any) of
the head of the legal entity or
surname,
name, patronymic (if any) of
the individual)

Application

      I hereby request for a distribution certificate for the film:

      _______________________________________________________________________

      (the film’s title)

      BIN/IIN: (automatically)__________________________________________________

      Address

      Postal code:

      _______________________________________________________________________

      Country/region/district/populated locality:

      ________________________________________________________________________

      Street:

      ________________________________________________________________________

      House/building number:

      _______________________________________________________________________

      House index:

      _______________________________________________________________________

      Apartment/suite number:

      _______________________________________________________________________

      Telephone number:

      ________________________________________________________________________

      E-mail address (e-mail):

      ________________________________________________________________________

      Information about the film

      Film’s title:

      ________________________________________________________________________

      Country of production:

      ________________________________________________________________________

      Production studio:

      ________________________________________________________________________

      Year of production:

      ________________________________________________________________________

      Format of the film:

      ________________________________________________________________________

      Running time of the film:

      ________________________________________________________________________

      Scriptwriter(s):

      ________________________________________________________________________

      Film director(s):

      ________________________________________________________________________

      Director(s) of photography:

      _______________________________________________________________________

      Production designer(s):

      ________________________________________________________________________

      Composer(s):

      ________________________________________________________________________

      Producer(s):

      ________________________________________________________________________

      Number of film parts:

      ________________________________________________________________________

      Film genre:

      ________________________________________________________________________

      Film language:

      ________________________________________________________________________

      The presence of dubbing or subtitles, or off-screen translation (except for films of limited distribution and films distributed and shown by TV channels):

      ________________________________________________________________________

      Type of the film:

      ________________________________________________________________________

      The rights to the film in the territory of ________________ belong to:

      _________________________________

      The class of the film use rights:

      _______________________________________________________

      The term of the film use rights is from: ____________ to:

      _________________________________

      Age rating symbol:

      ________________________________________________________________________

      ________________________________________________________________________

      (business identification number for a legal entity;

      individual identification number for an individual)

      I agree to the use of information provided for by the public service standard

      “Issuance of a film distribution certificate” constituting a law-protected secret, contained in information systems.