In accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On Public Services", I ORDER:
1. Approve the attached Rules for the provision of public services "Issuance of a decision to carry out a complex of works on the postutilization of objects (demolition of buildings)", according to the annex to this order.
2. To invalidate the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated June 28, 2019 No. 452 "On approval of the standard of public service "Issuance of a decision to carry out a set of works on the postutilization of objects (demolition of buildings)" (registered in the Register of State Registration of Regulatory Legal Acts No. 18969, published on July 11, 2019 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan).
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 execution of this order shall be entrusted 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
of the Republic of Kazakhstan
"AGREED"
Ministry of Digital Development, Innovation and
Aerospace Industry of the Republic of Kazakhstan
Appendix to Order
No. 167 dated March 30 , 2020
Rules for the provision of public services "Issuance of a decision to carry out a complex of works on the postutilization of objects (demolition of buildings)"
Chapter 1. General provisions
1. These Rules for the provision of public services "Issuance of a decision to carry out a complex of works on the postutilization of objects (demolition of buildings)" (hereinafter – the Rules) are 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 - the Rules). – The Law), the Laws of the Republic of Kazakhstan dated July 16, 2001 "On architectural, urban planning and construction activities in the Republic of Kazakhstan" and other regulatory legal acts and regulatory and technical documents and determine the procedure for obtaining a decision to carry out a complex of works on the postutilization of objects (demolition of buildings).
2. The following concepts and definitions are used in these Rules:
1) postutilization of an object – a complex of works on dismantling and demolition of a capital structure (building, structure, complex) after the termination of its operation (use, application) with simultaneous restoration and reuse of regenerated elements (structures, materials, equipment), as well as processing of elements and waste that are not subject to regeneration;
2) the project of work for dismantling and demolition –hereinafter referred to as PPR) - documentation in which the issues of rational technology and organization of work on dismantling and demolition of a specific object on this site are worked out in detail;
3) demolition – complete or partial removal of structures or elements of structures by dismantling or destruction.
3. Dismantling and demolition of buildings and structures (postutilization) is carried out in accordance with the requirements of state standards in the field of architecture, urban planning and construction on the basis of the developed design (design and estimate documentation).
When developing design documentation for the demolition of buildings and structures (postutilization), the level of responsibility is established by the Rules for Determining the General Procedure for Classifying Buildings and Structures as Technically and (or) technologically complex objects approved by Order No. 165 of the Minister of National Economy of the Republic of Kazakhstan dated February 28, 2015 (registered in the Register of State Registration of Regulatory Legal Acts No. 10666).
4. Depending on the level of responsibility of the object, design, construction and installation works, as well as engineering services and expert work are performed by persons, on the basis of a permit document established by legislation in the field of architectural, urban planning and construction activities (license, expert certificates, certificate of accreditation).
5. The state service "Issuance of a decision to carry out a complex of works on the postutilization of objects (demolition of buildings)" (hereinafter referred to as the state service) is provided by local executive bodies of the regions, the cities of Nur-Sultan, Almaty and Shymkent, the district, the city of regional significance (hereinafter referred to as the service provider).
Chapter 2. The procedure for the provision of public services
6. In order to receive a public service, individuals and legal entities (hereinafter referred to as service recipients) submit to the office of the service provider or through the e-government web portal, an application in the form, according to Annex 1 to these Rules, with the attachment of documents specified in Annex 2 to these Rules, the standard of public service "Issuance of a decision to carry out a set of works on the postutilization of objects (demolition of buildings)" (hereinafter referred to as the Standard of public service).
7. 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 the Standard of Public services.
8. The Service Provider registers the application and documents on the day of their receipt. When the service recipient applies after the end of working hours, on weekends and holidays, according to the labor legislation of the Republic of Kazakhstan, the application is accepted and the result of the provision of public services is issued on the next working day.
9. When the service recipient submits all the necessary documents:
to the service provider (on purpose or by mail) - confirmation of acceptance of the application on paper is a mark on its copy of registration in the office of the service provider indicating the date and time of receipt of the package of documents;
through the portal - in the "personal account" of the service recipient, the status of acceptance of the request for the provision of public services is displayed, indicating the date of receipt of the result of the public service.
10. Information about identity documents, about the state registration (re-registration) of a legal entity, a certificate of registered rights (encumbrances) on immovable property and its technical characteristics, a title document for immovable property, the service provider receives from the relevant state information systems.
11. An employee of the responsible structural subdivision of the service provider checks the completeness of the submitted documents within two working days from the date of receipt of the documents specified in the Public Service Standard.
If the service recipient submits an incomplete package of documents, the service provider within the specified time limits gives a reasoned refusal to further consider the application.
12. If the service recipient provides a full package of documents, an employee of the responsible structural subdivision of the service provider for technically and (or) technologically simple objects within 4 (four) working days, for technically and (or) technologically complex objects within 9 (nine) working days verifies the authenticity of the submitted documents and the compliance of the service recipient and (or) submitted documents and information requirements, established by these Rules and within 1 (one) working day, a decision is made to carry out a set of works on the postutilization of objects (demolition of buildings), or a reasoned response on refusal to provide public services in accordance with paragraph 9 of the Standard of Public Services, which is issued through the office of the service provider or sent to the "personal account" of the service recipient in the form of an electronic document signed with an electronic digital signature (hereinafter - EDS) of the authorized person of the service provider.
13. The service provider ensures the entry of data on the stage of the provision of public services into the information system for monitoring the provision of public services, established by the authorized body in the field of informatization.
When rendering a public service through the state information system of permits and notifications, data on the stage of rendering a public service are automatically transmitted to the information system for monitoring the provision of public services.
14. In case of failure of the information system containing the necessary information for the provision of public services, the service provider notifies the operator of the information and communication infrastructure of the "electronic government" within 1 (one) business day 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 state service, the number and code of the administrative document of the application or the unique identification number of the application, the number and code of the administrative document, or the unique identification number of the authorization document, the individual identification number / business identification number of the service recipient, with the application of step-by-step screenshots from the moment of authorization to the moment of the error, indicating the exact time of the error.
Chapter 3. Procedure for appealing decisions, actions (inaction) of the service provider on the provision of public services