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LAW OF THE REPUBLIC OF KAZAKHSTAN ON NON-GOVERNMENTAL ORGANISATIONS (Draft 6, 1 July 2003) (unofficial translation)

This Law shall establish a legal basis for operation of non-governmental organisations in the Republic of Kazakhstan.

Article 1. Definition of non-governmental organisations

Non-governmental organizations shall be understood as non-for-profit organisations (except political parties, trade unions, and religious organisations), formed by people on a voluntary basis, and the principal scope of which is to carry out socially useful activities. Socially useful activities shall include any lawful activity for the public good involving support or assistance given with respect to one or more field set forth in Article 9 hereof.

Article 2. Legislation on non-governmental organisations

The legislation of the Republic of Kazakhstan on non-governmental organisations shall be based on the Constitution of the Republic of Kazakhstan, and comprises this Law and other laws and regulations of the Republic of Kazakhstan.

To the extent that any international treaty ratified by the Republic of Kazakhstan may establish other rules than those provided herein, the rules set out in such international treaties shall apply.

Article 3. Rights and obligations of non-governmental organisations

1. In order to achieve its objectives, a non-governmental organisation shall be entitled:

  1. to exercise any right to which a non-for-profit organisation is entitled;
  2. to represent and protect the rights and lawful interests of its members before courts and other state agencies or other non-governmental organisations;
  3. to bid in tenders relating to fulfilment of a state social order;
  4. to receive, if necessary, information, consulting, methodical, organization and technical support from the state;
  5. to distribute information about its activity, to create mass media;
  6. to be engaged in publishing activities;
  7. to join international non-governmental associations;
  8. to exercise other rights that do not contradict the legislation of the Republic of Kazakhstan.

2. A non-governmental organisation shall:

  1. comply with the legislation of the Republic of Kazakhstan, and the provisions of its Charter;
  2. allow its members access to the documents and decisions which affect their rights and interests;
  3. inform its members about receipt and expenditure of funds;
  4. annually publish in periodicals reports on progress of the state social order.

Article 4. Creation, reorganisation and liquidation of non-governmental organisations

1. The procedure to be followed in creating, reorganizing and liquidating non-governmental organisations shall be defined in the legislation of the Republic of Kazakhstan.

2. A non-governmental organisation can be established as an institution, public union, fund, or association (union) of legal entities.

Article 5. Guarantees applicable to the operation of non-governmental organisations in the Republic of Kazakhstan

No state agency shall allow unlawful interference in the activity of non-governmental organisations.

To the extent provided for in laws, any issues affecting the interests of non-governmental organisations may be resolved by state agencies as may be agreed therewith.

Article 6. The right of non-governmental organisations to carry out commercial activity

1. A non-governmental organisation may carry out commercial activity to the extent this is consistent with its objectives as set forth in its Charter.

2. Income gained as a result of a non-governmental organisation carrying out commercial activity may not be distributed between its members (participants), and shall be applied to the objectives as set forth in its Charter.

3. The commercial activity carried out by non-governmental organisations shall be taxed in accordance with the tax legislation of the Republic of Kazakhstan.

4. Non-governmental organisations shall keep accounting of income and expenses howsoever relating to the commercial activity.

Article 7. The right of a non-governmental organisation to engage in political activity

1. A non-governmental organisation may carry out activities in the field of environmental, youth, legal, social and gender policy, as well as other political activities insofar as the same is consistent with its objectives under the Charter.

2. A non-governmental organisation cannot express the political will of the nationals and various social groups with the purpose to represent their interests in representative and executive government bodies, local authorities and to participate in their formation.

3. No financing of a non-governmental organisation to enable it to pursue political activity contrary to its Charter objectives can be provided by public unions, political parties, trade unions, international and foreign non-governmental organisations.

Article 8. Principles of cooperation between state agencies and non-governmental organisations

State agencies shall cooperate with non-governmental organisations based on the principles of legality, partnership, openness, equality and responsibility.

Article 9. State support to non-governmental organisations

1. The State shall provide information, consulting, methodical, organizational and technical support and assistance to non-governmental organisations in the procedure required by the legislation of the Republic of Kazakhstan, if the same is requested by such non-governmental organizations.

Information support shall include mass media coverage of the activity of non-governmental organisations seeking to resolve important social issues, and assistance to non-governmental organisations in creating their own mass media.

Consulting support shall be implemented through issue of explanations to laws and regulations of the Republic of Kazakhstan, provision of information about activity of state agencies in relation to cooperation with non-governmental organisations, and development and implementation of state, industry and regional programs relating to the issues that are within the scope of non-governmental organisations.

Methodical and organisational and technical support shall include development of reference and methodical materials, conducting seminars, conferences, workshops or other events together with non-governmental organisations.

2. The State shall facilitate socially useful activities of non-governmental organisations in one or more of the fields given below:

  1. protecting the environment;
  2. providing support to children and youth initiatives;
  3. providing aid to orphans, children from broken or extended families;
  4. resolving gender issues;
  5. public health protection;
  6. promoting culture and art;
  7. achieving social, educational and research purposes;
  8. protecting rights and lawful interests of persons and entities;
  9. providing support to vulnerable and needy population;
  10. assisting persons in placing in jobs;
  11. protecting historical and social heritage;
  12. strengthening the social consensus;
  13. developing other public initiatives that do not contradict the legislation of the Republic of Kazakhstan.

3. State support may also be given through competitive bidding in a form of a state social order in the procedure required by the legislation of the Republic of Kazakhstan.

Article 10. Definition of international and foreign non-governmental organisations

International and foreign non-governmental organisations shall be understood in the Republic of Kazakhstan as entities created in accordance with laws of a foreign jurisdiction and by foreign states, whether directly or acting through their authorised bodies, foreign persons and entities, stateless persons and international organisations.

Article 11. Operation of international and foreign non-governmental organisations in the Republic of Kazakhstan

1. International and foreign non-governmental organisations shall operate in the Republic of Kazakhstan through their branches and representative offices (structural subdivisions), which shall be registered with the justice agencies.

Branches and representative offices of international and foreign non-governmental organisations shall be governed in their activity by the Charters of such international and foreign non-governmental organisations, provided that such Charters are consistent with the legislation of the Republic of Kazakhstan.

2. International and foreign non-governmental organisations shall provide financial and other aid to non-governmental organisations in the Republic of Kazakhstan by entering into written agreements (contracts) therewith.

3. No international and foreign non-governmental organisations shall provide financing to political parties and trade unions in the Republic of Kazakhstan.

Article 12. Rights and obligations of international and foreign non-governmental organisations

Branches and representative offices of international and foreign non-governmental organisations operating in the Republic of Kazakhstan shall enjoy the same rights and assume the same obligations as established by the legislation of the Republic of Kazakhstan for non-governmental organisations, unless otherwise required by this Law and other laws of the Republic of Kazakhstan.

Article 13. Liability for breach of the legislation on non-governmental organisations

A person guilty of breaching the legislation of the Republic of Kazakhstan governing the operation of non-governmental organisations shall be liable in accordance with laws of the Republic of Kazakhstan.