Unofficial translation
Footnote. In the text after the word “Chapter” figures “I-IV” are substituted respectively by the figures “1-4” by the Law of the Republic of Kazakhstan dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005).
Footnote. Throughout the whole text, the words “aul (village)”, “auls (villages)” are substituted respectively by the words “village” by the Law of the Republic of Kazakhstan dated 21.01.2013 No. 72-V (shall be enforced upon expiry of three months after its first official publication).
Chapter 1. General provisions
Article 1. System of administrative-territorial division of
the Republic of Kazakhstan
The system of administrative-territorial division of the Republic of Kazakhstan shall include administrative-territorial entities: village, rural settlement, rural district, district in a city, city, district, oblast.
Article 2. Categories of administrative-territorial entities
For carrying out of state management on a footing of optimal combination of republican and local interests, the territory of the Republic of Kazakhstan shall be divided into two main categories – regions and inhabited localities.
Region – a part of territory of the republic including several inhabited localities established and managed in behalf of the republic.
Regions are the oblast, district and rural district as main chains of republican administrative-territorial division.
Inhabited locality – a part of compactly settled territory of the republic existing in a result of economic and other public activity of citizens with a population no less than 50 people, considered and registered in the manner established by the Law and managed by local representative and executive bodies.
Inhabited localities placed in the territory of the Republic of Kazakhstan shall be divided into city and rural.
Cities of republican, oblast and district significance, as well as rural settlements placed in the territory of their administrative subordinance shall relate to the urban inhabited localities; all the rest inhabited localities independently from their administrative subordinance – to rural inhabited localities.
Inhabited localities shall have component parts.
Component parts of inhabited localities are micro districts, squares, avenues, boulevards, streets, side streets, parks, public gardens, bridges and other parts.
District in a city is the district in a city of oblast significance, city of republican significance, the capital with a population more than 400 thousand people.
Footnote. Article 2 as amended by the Laws of the Republic of Kazakhstan dated 11.05.2004 No. 552 (the order of enforcement see Article 2); dated 04.11.2006 No. 184 (shall be enforced from 01.01.2007); dated 21.01.2013 No. 72-V (shall be enforced upon expiry of three months after its first official publication).
Article 3. Categories of cities and other inhabited localities
Cities and other inhabited localities shall be divided into:
1) cities of republican significance that include inhabited localities having special state significance or having a population size more than one million people;
2) cities of oblast significance that include inhabited localities that are major economic and cultural centres having developed industrial and social infrastructure and population more than 50 thousand people;
3) cities of district significance that include inhabited localities in the territory of which there are industrial enterprises, municipal economy, state housing fund, developed network of educational and cultural, medical and trade objects with a population no less than 10 thousand people among of which there are employees, servants and their family members more than two thirds of total population;
4) rural settlements that include inhabited localities under industrial enterprises, constructions, railway stations and other economic significant objects with a population no less than 3 thousand people among of which there are employees, servants and their family members no less than two thirds;
inhabited localities located in a place having medical significance with a population no less than 2 thousand people among of which the number of those arriving on an annual basis for treatment and rest is no less than a half shall be equated to rural settlements; summer communities shall also relate to them that are the places of summer holidays for citizens in which no less than 25 percent of adult population is engaged on a permanent basis by farm economy;
5) village – inhabited locality with a population no less than fifty people among of which there are employees engaged in rural, forest and hunting farm, beekeeping, fishing industry and fish farming, their family members and specialists of health care service, social ensuring, education, culture and sport are no less than a half of population;
6) peasant and other settlements with a population no less than fifty people shall be included into composition of the nearest inhabited locality.
Footnote. Article 3 is in the wording of the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 4. Legislation of the Republic of Kazakhstan on
administrative-territorial division
1. Legislation of the Republic of Kazakhstan on administrative-territorial division is based on the Constitution of the Republic of Kazakhstan consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. If international treaty ratified by the Republic of Kazakhstan establishes other rules than those provided by this Law, the rules of the international treaty shall be applied.
Footnote. Article 4 is in the wording of the Law of the Republic of Kazakhstan dated 29.04.2009 No. 154-IV (the order of enforcement see Article 2).
Article 5. Bodies taking decisions on education, abolishment of
administrative-territorial entities, establishment and change
of their borders, their naming and renaming
The President and Government of the Republic of Kazakhstan, local representative and executive bodies shall take decisions within the competence on establishment and abolishment of administrative-territorial entities, establishment and change of their borders, their naming and renaming.
Footnote. Article 5 as amended by the Decree of the President of the Republic of Kazakhstan having a force of the Law dated 19 December 1995 No. 2691.
Article 6. Expenses linked with naming and renaming of oblasts,
districts, cities
Expenses linked with naming and renaming of oblasts, districts, cities shall be incurred on account of budget funds.
Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005).
Article 7. Onomastic commissions
Onomastic commissions shall be created for the purpose of harmonization of work on naming and renaming of administrative-territorial entities, component parts of inhabited localities, airports, ports, railway terminals, railway stations, subway stations, bus terminals, auto stations, physiographic and other objects of state ownership in the territory of the Republic of Kazakhstan, clarification and change of a transcription of their names and assignment of proper names of persons to state legal entities, legal entities with participation of the state, as well as restoration, preservation of historical names as a component part of historical and cultural heritage of the Republic of Kazakhstan.
Republican onomastic commission shall be established under the Government of the Republic of Kazakhstan, oblast onomastic commissions, onomastic commissions of the cities of republican significance, the capital – under local executive bodies of oblasts, cities of republican significance, the capital.
Footnote. Article 7 is in the wording of the Law of the Republic of Kazakhstan dated 21.01.2013 No. 72-V (shall be enforced upon expiry of three months after its first official publication).
Article 8. Recording and registration of
administrative-territorial entities, their exclusion
from accounting data
Settlements the number of resident population of which more than fifty people and that shall be considered as independent inhabited localities shall be subject to recording and registration.
Single hoses, farms, settlements that are the objects of official designation (houses of foresters, waymen, roadmasters, hunters’ lodges, winterings, field camps, meteorological stations and other) shall be considered in a composition of inhabited localities with which they are linked administratively and territorially.
Inhabited localities included to the composition of cities, rural settlements or villages and that became their parts, as well as settlements from which all the habitants moved or resettled shall lose their status of independent administrative-territorial entities and shall be excluded from the accounting data. <*>
Footnote. Article 8 is in the wording of the Law of the Republic of Kazakhstan dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005).
Chapter 2. Powers of republican bodies on decision of the
issues of administrative-territorial division
Article 9. Powers of the President of
the Republic of Kazakhstan
Under the submission of the Government of the Republic of Kazakhstan and taking opinion of local representative and executive bodies into account, the President of the Republic of Kazakhstan shall:
1) establish and abolish the oblasts and districts, establish and transfer their administrative centres;
2) establish and change the borders of oblasts and cities of republican significance;
3) relate inhabited localities to the categories of cities of republican, oblast and district significance, establish and change their subordinance;
4) resolve the issues on naming and renaming of oblasts, districts and cities, as well as clarifications and changes of a transcription of their names;
5) carry out other powers in accordance with the Constitution and Laws of the Republic of Kazakhstan.
Footnote. Article 9 is in the wording of the Decree of the President of the Republic of Kazakhstan having a force of the Law dated 19.12.1995 No. 2691; as amended by the Laws of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 21.01.2013 No. 72-V (shall be enforced upon expiry of three months after its first official publication).
Article 10. Competence of the Government of
the Republic of Kazakhstan
The Government of the Republic of Kazakhstan shall:
1) make submissions to the President of the Republic of Kazakhstan on establishment and abolishment of oblasts and districts, establishment and change of their administrative centres, establishment and change of the borders of oblasts and cities of republican significance;
2) make submissions to the President of the Republic of Kazakhstan on relating of inhabited localities to the categories of cities of republican, oblast and district significance, establishment and change of their subordinance;
3) approve the rules of assignment of names to airports, ports, railway terminals, railway stations, subway stations, bus terminals, auto stations, physiographic and other objects of state ownership in the territory of the Republic of Kazakhstan, as well as renaming, clarifications and changes of a transcription of their names and assignment of proper names of persons to state legal entities, legal entities with participation of the state;
4) make submissions to the President of the Republic of Kazakhstan on naming and renaming of oblasts, districts, cities, as well as clarification and change of a transcription of their names on the basis of conclusion of the Republic onomastic commission and taking opinion of population of the relevant territory into account, its local representative and executive bodies;
4-1) take decision on assignment of names to airports, ports, railway terminals, railway stations, subway stations, bus terminals, auto stations, physiographic and other objects of state ownership in the territory of the Republic of Kazakhstan, as well as renaming, clarification and change of a transcription of their names and assignment of proper names of persons to state legal entities, legal entities with participation of the state on the basis of conclusion of the Republican onomastic commission;
5) (is excluded);
6) perform other functions imposed on it by the Constitution, this Law, other Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Footnote. Article 10 as amended by the Decree of the President of the Republic of Kazakhstan having a force of the Law dated 19.12.1995 No. 2691; the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 21.01.2013 No. 72-V (shall be enforced upon expiry of three months after its first official publication).
Chapter 3. Powers of local representative and executive
bodies on decision of issues of administrative-territorial
division
Article 11. Powers of oblast representative and
executive bodies
By the joint resolution, oblast representative and executive bodies shall:
1) make proposals to the Government of the Republic of Kazakhstan on change of the borders of oblast, on establishment and abolishment of districts of oblast, establishment and transfer of their administrative centres, on relating of inhabited localities to the category of cities of republican, oblast and district significance;
2) establish and change the borders of districts of oblast, cities of oblast significance; as well as establish and change the borders of cities of district significance, rural districts; resolve the issues on transfer of rural settlements, villages from one district to another or to administrative subordinance of city bodies of power in coordination with the Government;
3) relate inhabited localities that are not the cities to the category of other inhabited localities established by this Law; establish, abolish and transform rural settlements, villages, rural districts, as well as change their subordinance taking opinion of district (city of oblast significance) representative and executive bodies into account;
4) resolve the issues on naming, renaming of villages, rural settlements, rural districts, as well as clarification and change of a transcription of their names taking opinion of population of the relevant territory into account on the basis of conclusion of oblast onomastic commission under the submission of local representative and executive bodies of districts;
4-1) resolve the issues on naming, renaming of districts if a city, component parts of cities of oblast significance, as well as clarification and change of a transcription of their names taking opinion of population of the relevant territory into account on the basis of conclusion of the Republican onomastic commission;
4-2) make proposals for consideration of the Republic onomastic commission on assignment of names to airports, ports, railway terminals, railway stations, subway stations, bus terminals, auto stations, physiographic and other objects of state ownership, as well as renaming, clarification and change of a transcription of their names and assignment of proper names of persons to state legal entities, legal entities with participation of the state;
5) carry out other powers imposed on local representative and executive bodies by the legislation of the Republic of Kazakhstan.
Under the submission of district (city of oblast significance) executive bodies, oblast executive bodies shall carry out recording of existing and registration of newly created administrative-territorial entities and separate inhabited localities within the borders of oblasts, as well as shall exclude them from accounting data.
Footnote. Article 11 as amended by the Decree of the President of the Republic of Kazakhstan having a force of the Law dated 19.12.1995 No. 2691; Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 21.01.2013 No. 72-V (shall be enforced upon expiry of three months after its first official publication).
Article 12. Powers of district representative and
executive bodies
By the joint resolution, district representative and executive bodies shall:
1) make proposals to oblast representative and executive bodies on relating of inhabited localities to the category of cities of district significance;
2) make proposals to oblast representative and executive bodies on relating of inhabited localities to the category of rural settlements or villages; on establishment or transformation of rural settlements or villages, change of their subordinance, their recording and registration;
3) taking opinion of managing bodies of rural settlements and villages, shall establish and change the borders of these inhabited localities;
4) make proposals to oblast representative and executive bodies on change of the borders of districts, rural districts;
5) make proposals to oblast representative and executive bodies on naming and renaming of rural settlements, rural districts, villages taking opinion of population of the relevant territory into account;
5-1) resolve the issues on naming, renaming of component parts of a city of district significance, as well as clarification and change of a transcription of their names taking opinion of population of the relevant territory into account on the basis of conclusion of oblast onomastic commission;
6)
(is excluded);
7) carry out other powers imposed on local representative and executive bodies by the legislation of the Republic of Kazakhstan.
District executive bodies shall carry out recording of existing and registration of newly created inhabited localities within the borders of a district, as well as shall exclude them from accounting data.
Footnote. Article 12 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 1 January 2005); dated 09.02.2009 No. 126 (the order of enforcement see Article 2); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 21.01.2013 No. 72-V (shall be enforced upon expiry of three months after its first official publication).
Article 13. Powers of city representative and executive bodies
By the joint resolution, city representative and executive bodies shall:
1) make proposals to oblast representative and executive bodies on relating of cities to the category of republican, oblast and district significance;
2) make proposals to oblast representative and executive bodies, and representative and executive bodies of a city of republican significance, the capital – to the Government of the Republic of Kazakhstan on change of borders of cities, as well as on inclusion of separate inhabited localities to their composition;
3) establish and abolish districts in city, establish and change their borders;
4) local representative and executive bodies of cities of republican significance, the capital:
resolve the issues on naming, renaming, as well as clarification and change of a transcription of their names of districts in a city, component parts of cities of republican significance, the capital taking opinion of population of the relevant territory into account on the basis of conclusion of onomastic commission of cities of republican significance, the capital coordinated with Republican onomastic commission;
make proposals for consideration of the Republican onomastic commission on assignment of name to airports, ports, railway terminals, railway stations, subway stations, bus terminals, auto stations, physiographic and other objects of state ownership, renaming, clarification, as well as change of a transcription of their names and assignment of proper names of persons to state legal entities, legal entities with participation of the state;
5) ensure performance of works on naming and renaming of districts in a city, squares, avenues, boulevards, streets, minor streets, parks, public gardens, bridges and other component parts of a city, change of a transcription of their names;
6) carry out other powers imposed on local representative and executive bodies by the legislation of the Republic of Kazakhstan.
Footnote. Article 13 as amended by the Decree of the President of the Republic of Kazakhstan having a force of the Law dated 19.12.1995 No. 2691; Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 21.01.2013 No. 72-V (shall be enforced upon expiry of three months after its first official publication).
Article 14. Powers of akim of rural settlement, village,
rural district
Footnote. Title is in the wording of the Law of the Republic of Kazakhstan dated 09.02.2009 No. 126 (the order of enforcement see Article 2).
Akim of rural settlement, rural district shall:
1) make proposals to district representative and executive bodies on relating of these inhabited localities to the category of rural settlements, villages, on their abolishment and transformation;
2) make proposals to district representative and executive bodies on naming and renaming of rural settlements, rural districts, villages taking opinion of population of the relevant inhabited locality into account;
3) make proposals to district representative and executive bodies on establishment and change of the borders of rural settlements, rural districts, villages;
4) taking opinion of population of the relevant territory, shall resolve the issues on naming, renaming of component parts of these inhabited localities, as well as clarification and change of a transcription of their names on the basis of conclusion of oblast onomastic commission.
Footnote. Article 14 as amended by the Decree of the President of the Republic of Kazakhstan having a force of the Law dated 19.12.21995 No. 2691; Laws of the Republic of Kazakhstan dated 09.02.2009 No. 126 (the order of enforcement see Article 2); dated 21.01.2013 No. 72-V (shall be enforced upon expiry of three months after its first official publication).
Article 14-1. Consideration of opinion of population of
the relevant territory upon naming and renaming of
administrative-territorial entities, component parts of
inhabited localities, as well as clarification and change
of a transcription of their names
1. Consideration of opinion of population of the relevant territory upon naming and renaming of administrative-territorial entities, component parts of inhabited localities, as well as clarification and change of a transcription of their names shall be carried out by local executive bodies in the manner determined by the Government of the Republic of Kazakhstan.
2. By the joint resolution local representative and executive bodies shall make proposals for consideration of the relevant onomastic commissions following the results of considering the opinion of population of the relevant territory on naming, renaming of administrative-territorial entities, component parts of inhabited localities, as well as clarification and change of a transcription of their names.
Footnote. Chapter 3 is supplemented by Article 14-1 in accordance with the Law of the Republic of Kazakhstan dated 21.01.2013 No. 72-V (shall be enforced upon expiry of three months after its first official publication).
Chapter 4. Documents and materials required for
consideration of issues of administrative-territorial
division
Article 15. List of documents and materials required for
resolution of the issues of administrative-territorial
division at regional level
For resolution of issues of administrative-territorial division at regional level, it shall be required as follows:
1) decision of the President of the Republic of Kazakhstan or submission (joint) of oblast representative and executive bodies resolving the issue in essence;
2) submission of the Government of the Republic of Kazakhstan containing the relevant petition and substantiation of practicability of made proposal, details on size of the territory being subject to change, number of population residing on it, the list of main legal entities, their production figures, number of employees working on each of them, details on a structure and states of local representative and executive bodies, their changes due to reorganization, issues of naming and renaming, as well as all the rest details required for resolution of issues in essence;
3) proposals of local (oblast, district, city) representative and executive bodies, akims of rural settlements, villages, rural districts on a considered issue;
4) schematic map with indication of new borders of administrative-territorial entities, other geographical data having significance for resolution of the issue in essence. Map shall be signed by a representative of the Government, as well as heads of representative and executive bodies accepting and transferring the territories, the signs shall be under the seal;
5) act on scientific investigation and economic calculation on performed transformations and renaming.
Footnote. Article 15 as amended by the Decree of the President of the Republic of Kazakhstan having a force of the Law dated 19 December 1995 No. 2691; Law of the Republic of Kazakhstan dated 09.02.2009 No. 126 (the order of enforcement see Article 2); dated 21.01.2013 No. 72-V (shall be enforced upon expiry of three months after its first official publication).
Article 16. List of documents and materials required for
resolution of issues of administrative-territorial
division within the regions
1) Joint regulation of representative and executive body resolving the issue in essence;
2) protocols of conferences of citizens concerning the essence of resolving issue;
3) explanatory note containing substantiation of practicability of made proposal, details on the territory being subject to change, number of population, list of inhabited localities, industrial and other objects, as well as other details required for resolution of the issue in essence;
4) schematic map with indication of new borders of inhabited localities and other geographical data having significance for resolution of the issue in essence. Map shall be signed by heads of representative and executive bodies of the territory being subject to change;
5) act on scientific investigation and economic calculations on performed transformations and renaming.
The President
of the Republic of Kazakhstan
