Access to information

The law consists of 21 articles, contains a preamble and a conceptual apparatus. In the preamble, it is noted that the law regulates public relations arising from the implementation of the constitutional right of everyone to freely receive and distribute information in any way not prohibited by law. The right of everyone to freedom of information is provided for in article 20, paragraph 2, of the Constitution of the Republic of Kazakhstan. The right to receive and impart information freely is a component of the right to freedom of expression, a fundamental human right.

Who has the right to request and access information?

A user of information is an individual or legal entity that requests and / or uses information. In addition, any individual or legal entity can be a user of the information: citizens of Kazakhstan, citizens of other States, stateless persons, migrants; legal entities of all organizational and legal forms of ownership, their associations and associations.

Who can I request information from?

Who is obligated to provide it?

Information holders are:

bodies and institutions of the legislative, Executive and judicial branches of state power, local government and self-government, as well as state institutions that are not state bodies;
quasi-public sector entities; legal entities (commercial and non-commercial) that are recipients of budget funds – in terms of information related to the use of funds allocated from the state budget;
legal entities that are market entities that hold a dominant or monopoly position – in terms of information related to prices for goods (works, services) produced (sold) by them);
legal entities – in terms of their environmental information, information about emergencies, natural and man-made disasters, their forecasts and consequences, the state of fire safety, sanitary-epidemiological and radiation situation, food safety and other factors that have a negative impact on the health and safety of citizens, localities and industrial facilities.

What information can be provided with restrictions?

Only three categories of information can be restricted in access:

information classified as state secrets;
information related to personal, family, medical, banking, commercial, and other legally protected secrets;
service information marked "for official use".

How can I request and get the required information?

The law defines the following ways to obtain information:

providing information on request;
placement of information in the premises occupied by information holders and in other places designated for this purpose;
providing access to meetings of the boards of state bodies in accordance with legislation of RK and the online broadcast of open meetings of the Parliament of Kazakhstan, including a joint, local representative bodies of oblast, city of Republican significance, the capital and boards of public bodies held at year-end, on the Internet resources;
hearing and discussing reports of heads of Central Executive bodies (except for the Ministry of defense of the Republic of Kazakhstan), mayors and heads of national Universities;
placement of information in mass media;
placement of information on the Internet resource of the information holder;
placing information on the relevant components of the e-government web portal»;
other methods not prohibited by the legislation of the Republic of Kazakhstan.

What information can I get from an oral request?

If a response to an oral request is provided, the name and position of the person who provided the response are indicated. The response to an oral request is provided with the following information:

information holder's work schedule;
postal addresses, e-mail addresses and (or) Internet resources, phone numbers of reference services of information holders, their structural divisions, territorial bodies and subordinate organizations, as well as information about their managers; procedure for accepting individuals and representatives of legal entities;
procedure for consideration of appeals, requests, applications and complaints of individuals and legal entities;
procedure for providing public services;
court case review schedules; information about the date and place of open competitive bidding (auctions, tenders);
time and place of the local community meeting, local community meeting, and issues discussed;
information about the mass media established by the information holder (if available);
phone numbers for information about available vacancies.

What information can be obtained upon written request and within what time frame?

Upon written request, any information is provided, except for information with restricted access. It includes state secrets, secrets protected by law, and official information with a restrictive mark "for official use".

A response to a written request is provided within fifteen calendar days from the date of receipt of the information to the owner.

In cases where the requested information falls within the competence of several information holders and when responding to a written request requires receiving information from other information holders, the review period may be extended once by the head of the information holder for no more than fifteen calendar days, which the information user is informed about within three working days from the date of extension of the review period.

What information can I get from an email request?

An electronic request is just a form of written request. If you make a written request traditionally on paper and send it by mail, then you will need a computer and Internet access to prepare and send an electronic request.

Just as when preparing and sending a written request, by sending an electronic request, you can request any information that is not restricted in access from the public authority or the owner of the information. Upon receipt of your email request, you may be refused to provide information only if:

1.the requested information is a state secret;

2.a secret protected by law;

3.service information with a restrictive mark "for official use".

Please note that the request in the form of an electronic document must be certified with an electronic digital signature.

How do I prepare and send a written request?

The request must specify:

name of the public authority or any other holder of information to which the request is addressed;
last name ,first name, patronymic (if it is specified in the identity document), individual identification number of the individual requesting information;
when applying on behalf of a legal entity – the full name of the legal entity, business identification number, outgoing number and date, surname, initials and position of the person who signed the request;
the essence of the request is described: what information you want to get, the details of a specific document, analytical, statistical, overview, summary, reporting information, results of checks, etc.;
You can also remind us about the legal deadline for providing information – within fifteen calendar days;
the request must include a postal address or email address, telephone or Fax number, and other means of communication;
the written request must be signed by an individual or a representative of a legal entity.

Where and how to complain if you are not provided with information?

Illegal restriction of the right to access information can be appealed to a higher state body (higher official) or to a court.

A complaint against the actions (inaction) of officials, as well as decisions of state bodies, is filed with a higher official or body or with a court no later than three months, when the citizen became aware of the Commission of an action or decision by the relevant official or body. The missed time limit for appeal is not a reason for a state body or official or a court to refuse to accept the complaint. The reasons for missing the deadline are clarified when considering the complaint on the merits and may be one of the grounds for refusing to satisfy the complaint.

What types of legal liability are provided for civil servants and other persons for violation of the right to access information?

The responsibility of officials who hold information was reviewed and strengthened during the drafting and adoption of the Law. There are three types of liability for violation or restriction of the right to access information: disciplinary, administrative and civil liability.

Also, in order to implement the right of citizens and legal entities to receive information on the relevant components of the E-government web portal, a single module has been created, consisting of five components-the Internet portals "Open data", "Open NLA", "Open budget", "Open dialogue" and "Assessment of the effectiveness of public authorities

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