Article 4-5. State control over compliance with the legislation of the Republic of Kazakhstan on mass media, the Law on Mass Media

Home / RLA / Article 4-5. State control over compliance with the legislation of the Republic of Kazakhstan on mass media, the Law on Mass Media

1. Excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 419-V (effective from 01.01.2016).

2. Excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 419-V (effective from 01.01.2016).

3. State control over compliance with the legislation of the Republic of Kazakhstan on mass media is carried out by the authorized body in the form of inspections and preventive control with a visit to the subject (object) of control in accordance with the Business Code of the Republic of Kazakhstan, as well as in the form of preventive control without visiting the subject (object) of control in accordance with the Business Code of the Republic of Kazakhstan and this Law.

4. Excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication).

4-1. The object of preventive control without visiting the subject (object) of control in the field of mass media is the activity of periodicals, television, radio channels, documentary films, audiovisual recordings and other forms of periodic or continuous public dissemination of mass media, including Internet resources.

The subjects of control are the owners of mass media.

The objectives of preventive control without visiting the subject (object) of control are the timely suppression and prevention of violations, granting the subjects of control the right to independently eliminate violations identified by the authorized body based on the results of preventive control without visiting the subject (object) of control, and reducing the administrative burden on them.

Preventive monitoring without visiting the subject (object) of control is carried out by analyzing information obtained from various sources of information, including in accordance with the procedure established by the rules for monitoring mass media.

In case of detection of violations based on the results of preventive control without visiting the subject (object) of control by the authorized body, a recommendation is sent to the subject of control no later than five working days from the date of detection of violations.

The recommendation must be delivered to the subject of control personally against signature or in any other way confirming the facts of its sending and receipt.

A recommendation sent by one of the following methods is considered to have been handed in the following cases::

1) on purpose – from the date of the mark in the receipt recommendation;

2) by mail – from the date of notification of receipt of the postal item by registered mail;

3) electronically – from the date of sending by the authorized body to the e-mail address of the subject of control specified in the letter upon request by the authorized body.

The recommendation to eliminate violations identified by the results of preventive control without visiting the subject (object) of control must be executed within ten working days from the day following the day of its delivery.

In case of disagreement with the violations specified in the recommendation, the control entity has the right to send an objection to the authorized body that sent the recommendation within five working days from the day following the day of delivery of the recommendation.

Failure to comply with the recommendations on the elimination of violations identified by the results of preventive control without visiting the subject (object) of control within the prescribed period entails the appointment of preventive control with a visit to the subject (object) of control by including in the semi-annual list of preventive control with a visit to the subject (object) of control.

Preventive monitoring without visiting the subject (object) of control is carried out no more than once a day.

5. Excluded by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (effective after ten calendar days after its first official publication).

The Law of the Republic of Kazakhstan dated July 23, 1999 No. 451-I.

This Law regulates public relations in the field of mass media, establishes state guarantees of their freedom in accordance with the Constitution of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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