In accordance with article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "on public services", I ORDER:
1. Approve:
1) rules of rendering the state service "Issue of the license for prospecting activity", according to Appendix 1 to this order;
2) rules of rendering the state service "Issue of the license for project activity", according to Appendix 2 to this order;
3) rules of rendering the state service "Issue of the license for construction and installation works", according to Appendix 3 to this order.
2. Approve the attached list of certain orders of the Ministry of national economy of the Republic of Kazakhstan, which are amended and supplemented in accordance with Annex 4 to this order.
3. the Committee for construction and housing and communal services of the Ministry of industry and infrastructure development of the Republic of Kazakhstan in accordance with the procedure established by law to provide:
1) state registration of this order in the Ministry of justice of the Republic of Kazakhstan;
2) placement of this order on the Internet resource of the Ministry of industry and infrastructure development of the Republic of Kazakhstan.
4. Control over the implementation of this order shall be assigned to the supervising Vice-Minister of industry and infrastructure development of the Republic of Kazakhstan.
5. This order shall enter into force upon the expiration of twenty-one calendar days after the date of its first official publication.
Acting
Minister of industry and infrastructure
development of the Republic of Kazakhstan K. Uskenbayev
"AGREED"
Ministry of national economy
Republic of Kazakhstan
"AGREED"
Ministry of digital development,
innovation and aerospace
industry
Republic of Kazakhstan
Appendix 1 to the order
Minister of industry and
infrastructure development
Republic Of Kazakhstan
from April 1, 2020 # 175
Rules for the provision of public services " issuance of a license for prospecting activities"
Chapter 1. General provisions
1. These Rules for the provision of public services "Issuance of a license for prospecting activities" (hereinafter – the Rules), developed in accordance with subparagraph 1) of article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "on public services" and regulate the procedure for issuing a license for prospecting activities.
2. In these rules, the following definitions shall be applied:
1) e-government web portal – an information system that is a single window of access to all consolidated government information, including the regulatory framework, and to public services, services for issuing technical conditions for connecting to the networks of natural monopoly entities and services of quasi-public sector entities provided in electronic form;
2) qualification requirements – a set of quantitative and qualitative standards and indicators that characterize the ability of the applicant and the licensee to engage in a separate licensed activity and (or) a subspecies of the licensed activity, both when issuing a license and (or) an Appendix to the license, and throughout the entire period of its validity;
3) license – a permit of the first category issued by the licensor to an individual or legal entity to carry out a licensed type of activity or a subspecies of a licensed type of activity associated with a high level of danger;
4) licensee – an individual or legal entity that has a license.
3. State service "issuance of a license for prospecting activities" (hereinafter-the state service) it is provided by local Executive bodies of regions, cities of Nur-Sultan, Almaty and Shymkent (hereinafter - the service provider) in accordance with these Rules.
Chapter 2. Procedure for rendering public services
4. Individuals and legal entities (hereinafter referred to as the service recipient) send an application with documents in the form of an electronic document certified by an electronic digital signature (hereinafter referred to as the EDS) to the service provider via the e-government web portal www.egov.kz (hereinafter - the portal).
A list of the main requirements for the provision of public services, including the characteristics of the process, the form, content and result of rendering, and also other information taking into account characteristics of the public service set out under Annex 1 to this Regulation in the form of a standard of the state service (hereinafter – the Standard of the state service).
5. the List of documents required for the provision of public services is defined in paragraph 8 of the state service Standard.
Information about identity documents; about the state registration (re-registration) of a legal entity; about the state registration of an individual entrepreneur; information about the license and (or) appendices to the license, about the license fee; is provided to the service provider from information systems through the "electronic government"gateway.
The service recipient consents to the use of information that is a legally protected secret contained in information systems.
The service recipient is sent the status of acceptance of the application for the provision of public services to the" personal account", indicating the date and time of receipt of the result of the public service.
6. Actions of structural divisions (employees) of the service provider when obtaining and (or) reissuing the license and (or) the Appendix to the license for prospecting activities for reasons of reorganization:
1) the service provider registers the application with the documents specified in sub-paragraphs 1) and 3) of paragraph 5 of these Rules on the day of their receipt.
If the service recipient applies after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, the application is accepted and the result of the public service is issued on the next working day.
2) the service provider reviews the application documents according to the Unified qualification requirements and the list of documents confirming compliance with it, to carry out activities in the field of architecture, urban planning and construction, approved by order of the acting Minister of national economy of the Republic of Kazakhstan of 9 December 2014 No. 136 (hereinafter – Qualification requirements) for – 3 (three) working days.
If the service recipient submits an incomplete set of documents, the service provider within two working days from the date of registration of the submitted documents specified in paragraph 5 of these Rules prepares a reasoned refusal to further review the application and sends it to the "personal account".
3) the service provider upon review of the application documents prepares, signs and sends to the "personal account" of the applicant a license and (or) the application for a license or a motivated refusal in accordance with paragraph 9 of the Standard of the state service for – 1 (one) working day.
7. Actions of structural divisions (employees) of the service provider when reissuing the license for prospecting activities in the cases specified in paragraph 8 of these Rules:
1) the service provider registers the application with the documents specified in subparagraph 2) of paragraph 5 of these Rules on the day of their receipt.
If the service recipient applies after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, the application is accepted and the result of rendering the public service is issued on the next working day.
2) the service provider reviews the application with documents, draws up, signs and sends the license and (or) the Appendix to the license to the "personal account" of the service recipient within 2 (two) business days.
8. License and (or) the application for a license must be reissued in the following cases:
1) changes to the surname, first name, patronymic (if any) of the individual licensee;
2) re-registration of an individual entrepreneur-licensee, changing its name or legal address;
3) reorganization of the legal entity-licensee in accordance with the procedure defined by article 34 of the Law of the Republic of Kazakhstan "on permits and notifications";
4) changes in the name and (or) location of the legal entity-licensee (if the address is specified in the license).
The actions of sub-paragraphs 2) and 4) of part one of this paragraph do not apply to cases when changes in the legal address of the individual entrepreneur-licensee, the address of the location of the legal entity-licensee, the address of the location of the object for a license issued under the class "permits issued for objects", or for appendices to the license indicating objects occurred in connection with changes in the name of localities, street names in accordance with the requirements of the Law of the Republic of Kazakhstan "on the administrative and territorial structure of the Republic of Kazakhstan". Such changes to the address of licensees and the object of the license are made through the integration of state information systems.
9. The service provider provides data entry on the stage of rendering the state services in the information system of monitoring of public services in the procedure established by the authorized body in the sphere of Informatization in accordance with subparagraph 11) of paragraph 2 of article 5 of the Law.
10. Suspension, renewal, withdrawal (revocation) of the license and (or) Appendix to license is in order and (or) on the grounds provided by the Law of the Republic of Kazakhstan "About permissions and notifications".
Chapter 3. The procedure for appealing against decisions, actions (inaction) of the service provider on the provision of public services