Appendix 5
to the order
Acting Minister of Finance
dated July 10, 2020
№ 665
Rules for the provision of public services "Issuing licenses for the production of ethyl alcohol"
Chapter 1. General provisions
These Rules for the provision of public services "Issuance of a license for the production of ethyl alcohol" (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan.
dated April 15, 2013, "On Public Services" (hereinafter referred to as the Law) and determine the procedure for the provision of public services "Issuing licenses for the production of ethyl alcohol" (hereinafter referred to as the Public Service) By the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan (hereinafter referred to as the service provider).
Public services are provided to individuals and legal entities (hereinafter referred to as the service recipient).
Chapter 2. The procedure for the provision of public services
The application is accepted and the result of the provision of public services is issued through the e-government web portal www.egov.kz (hereinafter referred to as the portal).
Upon receipt and/or renewal of the license, an application in the form of an electronic document with a list of necessary documents for the provision of public services, certified by an electronic digital signature (hereinafter – EDS) the service recipient is accepted through the portal.
The list of basic requirements for the provision of public services, including the characteristics of the process, form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services, are set out in accordance with Appendix 1 in the form of a public service standard.
To receive public services, service recipients provide documents in accordance with Article 29 of the Law of the Republic of Kazakhstan "On Permits and Notifications" dated May 16, 2014 (hereinafter referred to as the Law on Permits).
In the case of a request through the portal, the recipient is sent the status of acceptance of the request for the provision of public services.
When accessing the portal, the result of the provision of public services is sent to the recipient in the form of an electronic document certified by an EDS of an official of the service provider.
When providing a public service, the service recipient provides consent to the use of information that constitutes a legally protected secret contained in information systems, unless otherwise provided by the laws of the Republic of Kazakhstan.
The authorized body receives information about identity documents contained in state information systems from the relevant state information systems through the portal in the form of electronic documents certified by EDS of authorized officials.
According to Article 33 of the Law of the Republic of Kazakhstan "On Permits and Notifications" dated May 16, 2014 (hereinafter referred to as the Law on Permits), the license and (or) the annex to the license are subject to renewal in the following cases:
1) changes in the surname, first name, patronymic (if any) of the individual licensee;
2) re-registration of the individual entrepreneur-licensee, change of his name or legal address;
3) reorganization of the legal entity-licensee in accordance with the procedure defined by Article 34 of the Law on Permits;
4) changes in the name and (or) location of the licensee's legal entity (if the address is indicated in the license);
5) alienation by the licensee of a license issued in the class of "permits issued for objects", together with the object in favor of third parties in cases where the alienability of a specific license is provided for in Appendix 1 to the Law on Permits;
6) changing the address of the location of the object without physically moving it for a license issued under the class "permits issued for objects" or for appendices to the license indicating the objects;
7) the existence of a requirement for renewal in the laws of the Republic of Kazakhstan.
The actions of subitems 2), 4) and 6) 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 facility for a license issued under the class "permits issued for facilities", or for appendices to the license with The changes in the name of settlements and street names occurred in accordance with the requirements of the Law of the Republic of Kazakhstan "On the Administrative-Territorial Structure of the Republic of Kazakhstan". Such changes to the licensees' address and the license object are carried out through the integration of government information systems.
In case of a change in the name of the type and (or) subspecies of activity for which the licensing procedure has been introduced, the licensee has the right to submit an application for renewal of the license and (or) the appendix to the license.
The licensee who has a license for the type of activity for which the name has been changed has the right to receive an appendix to the license in case of a preliminary renewal of the license.
According to paragraph 2 of Article 35 of the Law on Permits, upon termination of the license and (or) the appendix to the license, the licensee is obliged to return the license and (or) the appendix to the license to the licensor within ten working days, except in cases of termination of the license and (or) the appendix to the license on the grounds provided for in subparagraphs 6) and 7) paragraph 1 of Article 35, or registration of a license in electronic form only.
The structural unit of the service provider responsible for receiving documents on the day of receipt of documents carries out the reception, verification of submitted documents and registration (if the service recipient applies after the end of working hours, on weekends and holidays, according to the Labor Code of the Republic of Kazakhstan dated November 23, 2015, applications are accepted and the results of the provision of public services are issued on the following working day).
The service provider verifies the completeness of the submitted documents within two (2) business days from the date of receipt of the service recipient's documents.
If the fact of incompleteness of the submitted documents is established, the service provider shall, within the specified time limits, give a reasoned refusal to further consider the application.
Upon establishing the completeness of the submitted documents, the employee responsible for processing the documents enters the documents, processes them in the e-licensing information system and sends the result of the public service to the recipient.:
1) when issuing a license or a reasoned response to a refusal to provide a public service in the cases and on the grounds specified in paragraph 1 of Article 32 of the Law on Permits – no later than 10 (ten) business days;
2) upon renewal of the license – within 3 (three) business days.
When providing public services through the e-licensing information system, data on the stage of its provision is automatically transmitted to the information system for monitoring the provision of public services.
In the event of a failure of the information system containing the necessary information for the provision of public services, the service provider notifies the operator of the electronic government information and communication infrastructure (Operator) within 30 (minutes) from the moment of the failure by sending a request to the unified support service by e-mail sd@nitec.kz with mandatory provision of information on the name of the public service, the number and code of the administrative document of the application (NICAD), or the unique identification number of the application (WINZ), the number and code of the administrative document (NICAD RD), or the unique identification number of the authorization document (WINDR), the individual identification number (IIN), or the business identification number (BIN) of the service recipient, with step-by-step screenshots from the moment of authorization to the moment of error, indicating the exact time of the error.
Chapter 3. Procedure for appealing decisions, actions (inaction) of service providers and (or) their officials on the provision of public services
In cases of disagreement with the results of the provision of public services by the service recipient, a complaint is filed against the decision, actions (inaction) of the service provider on the provision of public services in accordance with the legislation of the Republic of Kazakhstan.:
to the head of the service provider;
to the head of the authorized body responsible for ensuring tax revenues and payments to the budget;
to the authorized body for the assessment and control of the quality of public services.
A complaint from a service recipient received by a service provider directly providing public services is subject to review in accordance with paragraph 2 of Article 25 of the Law within 5 (five) business days from the date of its registration.
The complaint of the service recipient received by the authorized body for the assessment and control of the quality of public services is subject to consideration within 15 (fifteen) working days from the date of its registration.
In cases of disagreement with the results of the provision of public services, the service recipient, in accordance with subparagraph 6) of paragraph 1 of Article 4 of the Law, applies to the court.
Appendix 1
to the Rules for the provision of public services "Issuance of a license for the production of ethyl alcohol"
The standard of the state service "Issuance of a license for the production of ethyl alcohol"
1
Name of the service provider
State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan
2
Ways of providing public services
Through the e-government web portal www.egov.kz (hereinafter referred to as the portal).
3
Terms of public service provision
1) the issuance of a license or a reasoned response to the refusal to provide public services in the cases and on the grounds specified in paragraph 9 of this Annex 1 to the Rules – no later than 10 (ten) business days.;
2) renewal of the license – within
3 (three) business days.
4
The form of public service provision
Electronic (partially automated)
5
The result of the provision of public services