Law of the Republic of Kazakhstan, of 7 May 1997, Nr 98-1, Legislation of the Republic of Kazakhstan, "ON STATE STATISTICS" with amendments and addenda, introduced by the RK Law of 15.01.2002 Nr 280-II, Legislation of the Republic of Kazakhstan
The present Law settles the legal relationship in the area of statistical activities, defines responsibilities and functions of the authorised institution and of other (central executive) governmental institutions performing statistical activities.
Chapter (I) 1. GENERAL PROVISIONS
Article 1. Incidence of the present Law
(This law concerns all legal persons independently of either ownership forms or organisational and legal forms, affiliates and representations of foreign legal persons which perform their activities on the territory of the Republic of Kazakhstan (described below as legal persons), as well as physical persons in the cases stipulated by the legislation and defines the main principles of collection, storage, analysis, generalisation, presentation of data on phenomena and processes existing in the economy and in the social area in the Republic of Kazakhstan.
The present Law concerns physical and legal persons of the Republic of Kazakhstan, affiliates and representations of not resident legal persons, performing their activities on the territory of the Republic of Kazakhstan (described below as legal persons).
The present Law defines the main principles of collection, processing and dissemination of statistical data on phenomena and processes existing in the economy and in social, demographic, ecologic areas (described below as social and economic area) in the Republic of Kazakhstan.
Article 2. Main concepts used in the present Law
In this Law the following main concepts are used:
(a unified system of statistical information - a unified informational database of the authorized institution and other central executive institutions which perform statistical activities basing on a scientifically founded system of collection, accumulation, processing, analysis and transmission of statistical information;)
institutional statistical surveys - surveys conducted by the governmental institutions of the republic of Kazakhstan;
state statistics - a unified system of statistical information, built up by statistical offices;
state statistical reporting - national and institutional statistical surveys where following the procedures established by the Legislation of the Republic of Kazakhstan both physical and legal persons and their structural units submit to statistical offices reports signed by persons responsible for presentation and reliability of communicated data;
statistical surveying - systematic, scientific, organic collection of data on phenomena and processes in the social and economic life carried out by means of registration based on a programme prepared beforehand. State statistical surveys are comprised of national and institutional statistical surveys;
(State statistical surveys are conducted by an authorised institution. Annually, the authorised institution draws up a complete list of state statistical surveys presented as a plan of statistical activities that is adopted by the Government of the Republic of Kazakhstan.)
national statistical surveys - surveys carried out by an authorised institution;
primary statistical information - data on a specific physical / legal person and its structural units provided to the state statistical offices during a statistical survey to be used for statistical purposes.
Statistical work plan - a complete list of state statistical surveys and other statistical activities performed by the authorised institution on the basis of the Programme on Improvement of State Statistics;
Programme of statistical surveys - objectives and goals of the survey, a set of indicators (questions) on which data collection is based (methodology defining both content and composition of those indicators), (their calculation) methods of their calculation (statistical reporting form) presented as a questionnaire, list of questions, census form, registration form and other (described below as statistical forms) along to (an instruction) instructions on the statistical survey implementation procedure;
Dissemination - insuring access to non-confidential statistical data for users of this data regardless of forms and means used for this purpose;
Special statistical surveys - national and institutional statistical surveys where primary data is not collected by means of reports but in other ways. Regarding the way of primary statistical data collection distinction is made between surveys, registrations and censuses based on questionnaires, declarations, correspondence, inspections;
Statistical activity - activities based on statistical standards and related to collection, processing and dissemination of quantitative data about mass phenomena in the society;
(statistical surveying forms) types of state statistical surveys - state statistical reporting and special statistical surveys ((surveys, registrations, censuses based on questionnaires, declarations, correspondence and inspections));
authorised institution - central executive body, that manages state statistics and has responsibilities determined by the legislation of the Republic of Kazakhstan;
(Branch related statistical surveys are implemented by central executive bodies performing statistical activities;)
(state statistics - centralised system of collection and processing of quantitative data by governmental institutions;)
(statistical reporting - state statistical surveying where in accordance with the legal procedures authorised institutions receive from both legal and physical persons the required data, reporting documents signed by persons responsible for provision of reliable data;)
Article 3. Public statistical policy of the Republic of Kazakhstan
The public statistical policy of the Republic of Kazakhstan is aimed at establishment, operating and improvement of a unified statistical information system based on scientific methodology and international standards.
The unified system of statistical information is to satisfy all (legal and physical) physical and legal person’s needs in statistical data, describing both situation and tendencies of the social and economic development in the republic.
(The state statistical policy is based on a unified management of the system of primary registration and statistics.)
The public statistical policy of the Republic of Kazakhstan is based on unified methodology and centralisation. The authorised institution co-ordinates statistical activities of governmental bodies and has the leading position in the system of state statistical surveys. Governmental bodies implement statistical surveys in cases they insure production of more reliable statistical indicators than those produced by the authorised institution.
(State statistical reporting by legal) provision of primary statistical data by physical persons in cases determined by the legislation of the republic of Kazakhstan, by legal persons and their structural units (through all types and forms of state statistical surveys) is compulsory and free of charge. (Physical persons deliver state statistical reports in cases stipulated by the current legislation).
The total number of state statistical surveys is controlled by the Government of the Republic of Kazakhstan by means of adopting the Statistical Work Plan and the sets of national and official statistical reporting forms. Collection of statistical reports by the authorised institution and other governmental bodies is performed in accordance with the sets of the adopted forms of national and official statistical reporting.
Article 4. Main requirements to governmental institutions performing statistical activities
The authorised institution and (other central executive) governmental bodies performing statistical activities must ensure:
integrity, reliability and sufficiency of statistical indicators;
comprehensive and unbiased study, generalisation and analysis of economic and social developments that take place in the Republic of Kazakhstan and their tendencies;
accessibility and openness of statistical data within the limits determined by the legislation of the Republic of Kazakhstan;
comparability of applied methodology and calculated main indicators with statistical standards used in international practice.
Article 5. Legislation of the Republic of Kazakhstan on state statistics
The legislation of the Republic of Kazakhstan on state statistics is based on the Constitution of the Republic of Kazakhstan and consists of the present Law and other national legislative acts adopted in accordance with it.
If an international treaty ratified by the Republic of Kazakhstan stipulates rules different from those contained in the legislative acts of the Republic of Kazakhstan the rules of the international treaty are applied.
Article 6. International co-operation in state statistics
Relationships in state statistics between the Republic of Kazakhstan and other states and international organisations are specified by both bilateral and multilateral international treaties, direct agreements between the authorised institution of the Republic of Kazakhstan and statistical offices of other states and international organisations based on principles of equal rights and mutual interests (according to a legal procedure) according to a procedure determined by the legislation of the Republic of Kazakhstan.
Chapter (II) 2. ORGANISATION OF STATE STATISTICS
Article 7. State statistical institutions of the Republic of Kazakhstan
Statistical activities are performed by institutions which compile state statistics of the Republic of Kazakhstan:
The authorized institution and its territorial units;
(other central executive) governmental bodies, performing statistical activities.
Article 8. The authorised institution develops and implements public policy in statistics, drafts and implements programmes on improving statistics in the Republic of Kazakhstan. It is independent in issues related to statistical methodology and methods, (within allocated financial means it builds a network of its territorial units), manages (them) its territorial units (and other subordinated organisations), coordinates activities performed by subordinated organisations.
The authorised institution and its territorial units base their activities on the statistical work (plan) Plan according to the Regulations on the authorized institution adopted by the Government of the Republic of Kazakhstan.
Standard acts of law issued by the authorized institution on organization (and implementation of primary reporting and) statistics are compulsory for all physical persons in cases stipulated in the legislation of the Republic of Kazakhstan as well as for legal persons.
In order to implement the public policy in statistics the authorised institution performs the following activities:
co-ordinates statistical activities (by central executive) state bodies (practicing statistics) on the basis of adopted programmes of (branch related) statistical surveys;
co-operates in the area of statistics with foreign countries and international organizations, concludes with them agreements aimed at development of state statistics;
issues (regulations, instructions) standard acts of law in the area of state statistics.
Article 9. State statistical register
The state statistical register represents a statistical tool and contains short administrative and economic information about all (legal and physical) physical and legal persons, covered by statistical surveying. It is maintained by the authorized institutions and its (regional) territorial units (on the basis of the state administrative register, data from the tax office and other sources of information) in accordance with international standards.
Governmental bodies and their subordinated organizations which compile and maintain registers and informational bases on both physical and legal persons provide to the state statistical institutions free of charge information needed to compile and update the Unified State Statistical Register.
Article 9-1. Households survey in settlements
The household survey is a state statistical survey of physical persons living on countryside as well as of physical persons having individual (auxiliary) farming independently on their place of residence.
The Akim of the corresponding territorial unit is responsible for registration records in households books. This activity is financed out of means allocated through the procedure adopted by the legislation of the Republic of Kazakhstan.
The authorised institution is responsible for methodology related supervision of households recording and uses data of this recording to produce relevant statistical indicators.
Chapter (III) 3. STATISTICS RELATED RIGHTS AND DUTIES OF GOVERNMENTAL BODIES
Article 10. Rights of the authorized institution
Within the scope of their responsibilities and for the purpose of implementation of statistical work Plan (plan), the authorised institution and its (regional) territorial units have the right:
To receive from legal persons and their structural units free of charge, reliable state statistical reports in accordance with sizes and terms determined in the statistical work Plan (plan);
in cases determined in the legislation of the Republic of Kazakhstan, to receive from physical persons reliable information needed for statistical generalization and analysis and related to their economic, social and demographic situation and their business activities;
in line with the procedures agreed by the Government of the Republic of Kazakhstan, to involve responsible staff members of organisations into implementation of state statistical surveys;
to draft and adopt programmes of state statistical surveys;
to receive from governmental institutions primary statistical data as well as other information that they possess due to their functions and that will be used for the purposes of State statistical register and for production of statistical data not duplicating the generated statistical information produced by those governmental institutions;
to exercise control over primary statistical reporting at the level of individual entrepreneurs and legal persons;
to finance individual statistical activities in the framework of the work ordered by state and according to the procedure adopted by the legislation of the Republic of Kazakhstan;
to exercise other functions in accordance with the Regulation on the Authorised Institution adopted by the Government of the Republic of Kazakhstan.
Article 11. Duties of the authorized institution.
Within the scope of their responsibilities, the authorized institution and its (regional) territorial units are obliged:
to develop statistical methodology in accordance with international statistical standards;
to keep control over satisfaction of method related instructions;
corresponding to the statistical work (plan) Plan, to conduct (state) national statistical surveys and to provide governmental bodies with both statistical and analytical information in line with the procedure established by the Government of the Republic of Kazakhstan;
to ensure access to aggregated statistical data for (legal and physical) physical and legal persons;
to provide statistical data to international organizations in accordance with the obligations stipulated in current agreements and to exchange statistical data with foreign countries;
to supply blank (statistical reporting forms) statistical questionnaires and instructions on their completion to both (legal and physical) physical and legal persons that provide information to state statistical offices;
to assure building up, maintenance and updating of statistical databases containing information on social and economic situation at both national and regional levels;
to keep save State and commercial secrets, keep confidential primary statistical data through personal liability of the staff of state statistical offices according to the (current) legislation of the Republic of Kazakhstan;
to organize scientific research in statistics.
Article 12. Rights and duties of (other central executive) governmental institutions performing statistical activities
Within the bounds of their competences (central executive bodies) governmental institutions and their territorial units performing statistical activities are authorized:
to conduct (branch related) institutional statistical surveys;
to compile programmes of (branch related) institutional statistical surveys;
(within the bounds of their responsibilities) to receive statistical information from (legal and physical) physical and legal persons;
to receive from governmental bodies information of that they dispose due to their functions in order to produce statistical outputs;
(within the bounds of their responsibilities) to control over primary accounting and statistical reporting in agencies, to examine reliability of the received data.
(Central executive) Governmental institutions and their territorial units performing statistical (reporting) activities are due:
to provide for consideration and approval of the (statistical offices) authorized institution programmes of (branch related) current statistical surveys.
To observe the principle of keeping State and commercial secrets, of confidentiality of primary statistical data;
to provide for consideration or approval of the authorized institution programmes of current statistical surveys and projects of methods related studies.
Article 13. Guaranties of rights for (legal and physical) physical and legal persons
(Legal and physical persons are guarantied that all primary statistical data they provide to state statistical offices is kept confidential. Statistical information can be disseminated only by consent of legal and physical persons, who provided the information or in an anonymous form.)
Physical and legal persons are guarantied confidentiality of primary statistical data, access to lists of national and institutional statistical surveys and of Statistical activity plan. Primary statistical data can be disseminated only by consent of physical and legal persons who provided the information or in an anonymous form.
Article 14. Financing (and material support) of statistical activities
Statistical activities performed by the state statistical institutions in accordance with (statistical activity plans and development) programmes of improving statistics and lists of state and institutional surveys (being) adopted by the Government of the Republic of Kazakhstan are financed from the (state) republican budget, if the legislation acts of the Republic of Kazakhstan do not provide other financing.
(Material support of statistical activities is provided in line with the procedures and conditions determined for governmental institutions.
The financial basis of the authorized institution and its territorial offices is formed from the means coming out of the republican budget as well as income received from statistical serviced provided on contractual and commercial basis, determined in regulations issued by the Government of the Republic of Kazakhstan.)
Chapter (IV) 4. RESPONSIBILITY FOR INFRACTION OF THE (LAW) LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN ON STATE STATISTICS
Article 15. (Responsibility for infraction of the Law "On State Statistics" of the Republic of Kazakhstan)
Responsibility for infraction of the legislation on state statistics of the Republic of Kazakhstan
(Infraction of the Law "On State Statistics" of the Republic of Kazakhstan entails proceedings determined by the legislation.)
Persons guilty of infraction of the legislation on state statistics of the Republic of Kazakhstan account for this according to the proceedings determined by the legislative acts of the Republic of Kazakhstan.
Of the Republic of Kazakhstan