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This Law regulates public relations related to the introduction and implementation of a permissive or notification procedure for the implementation by private business entities and other persons provided for by this Law of certain types of activities or actions.
Footnote. The preamble as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (comes into effect after ten calendar days after the date of its first official publication).
Chapter 1. GENERAL PROVISIONS
Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) The State Corporation "Government for Citizens" (hereinafter – the State Corporation) – a legal entity established by the decision of the Government of the Republic of Kazakhstan to provide public services, services for issuing technical specifications for connection to the networks of natural monopoly entities and services of quasi-public sector entities in accordance with the legislation of the Republic of Kazakhstan, organization of work on accepting applications for the provision of public services, services for issuing technical specifications for connection to the networks of natural monopoly entities, services of quasi-public sector entities and the issuance of their results to the service recipient on the principle of "one window", as well as ensuring the provision of public services in electronic form, carrying out state registration of rights to immovable property at its location;
1-1) authorized body in the field of informatization – the central executive body responsible for the management and inter-sectoral coordination in the field of informatization and "electronic government";
2) qualification requirements – a set of quantitative and qualitative standards and indicators characterizing the ability of the applicant and the licensee to engage in a separate licensed type of activity and (or) a subspecies of the licensed type of activity, presented both when issuing a license and (or) an appendix to the license, and throughout the entire period of its validity;
3) the body authorized to issue a permit of the second category is a state body or an official whose competence, in accordance with the legislation of the Republic of Kazakhstan, includes functions for the implementation of the permitting procedure;
4) the owner of the second category permit is a natural or legal person who has a valid second category permit;
5) licensed type of activity – a type of activity (a certain action (operation, insurance classes), for which it is required to obtain a license in accordance with this Law;
6) 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;
7) licensor – a state body that carries out licensing in accordance with this Law;
8) licensee – a natural or legal person who has a license;
9) the subspecies of the licensed type of activity – specification of the corresponding licensed type of activity within one license;
10) licensing – a set of measures related to the issuance and renewal of a license and (or) license appendices and a duplicate license and (or) license appendices, the implementation of permissive control, suspension, renewal and termination of the license and (or) license appendices;
11) license alienability – the possibility of reissuing a license to another individual or legal entity without conducting procedures to verify compliance with its qualification requirements;
12) valid permit – issued, extended or reissued permit, the validity of which is not suspended or terminated in accordance with this Law;
13) applicant – an individual or a legal entity, a branch or representative office of a legal entity, a licensee, the owner of a second category permit, who applied to the appropriate licensing authority for licensing or permitting procedures or sent a notification;
14) regulatory state bodies – state bodies responsible for regulating entrepreneurial activity in a specific area in which a permissive or notification procedure has been introduced or is planned to be introduced;
15) permit – confirmation of the right of an individual or legal entity to carry out activities or actions (operations) carried out by licensing authorities through licensing or permitting procedure;
16) permissive control – the activity of licensing authorities aimed at verifying the applicant's compliance with qualification or permissive requirements prior to the issuance of a permit and (or) an appendix to the permit, as well as ensuring compliance by licensees and holders of permits of the second category with the legislation of the Republic of Kazakhstan on permits and notifications after their issuance;
17) licensing authorities – licensors and bodies authorized to issue permits of the second category;
18) permissive procedure – the establishment of the obligation of a person to have a valid permit provided for by this Law before the start of the activity or actions (operations);
19) permissive procedure – a set of measures related to the issuance of a permit of the second category and the commission of other actions provided for by the legislation of the Republic of Kazakhstan in relation to it, as well as the implementation of permissive control;
20) permissive requirements – a set of quantitative and qualitative standards and indicators characterizing the ability of the applicant and the owner of the second category permit to carry out a separate type of activity or action (operation) in respect of which a permissive procedure has been introduced, presented both when issuing a second category permit and throughout the entire period of its validity;
21) the state electronic register of permits and notifications is a component of the state information system of permits and notifications containing information on issued, reissued, suspended, cancelled, extended, renewed and terminated permits and their duplicates, as well as on notifications received;
22) authorized body in the field of permits and notifications – the central state body that carries out management and inter-sectoral coordination in the field of permits and notifications;
23) analysis of the regulatory impact of a permissive or notification procedure (hereinafter referred to as regulatory impact analysis) is an analytical procedure for comparing the benefits and costs of the introduced permissive or notification procedure, which makes it possible to assess the achievement of the goals of state regulation, as well as self–regulation of subjects of professional or entrepreneurial activity in the future;
24) tightening of the licensing or notification procedure - the establishment of additional requirements, obligations or other increase in the burden on applicants, licensees or holders of permits of the second category;
25) the state information system of permits and notifications is an information system that is a component of the "electronic government", designed to carry out licensing in electronic form, licensing procedures in terms of obtaining a permit with the assignment of an identification number, sending a notification by the applicant and ensuring these processes;
26) electronic permit form – a permit in the form of an electronic document, issued and received using the state information system of permits and notifications, equivalent to a permit on paper;
27) historical data – information about permits and notifications issued or sent during the period of temporary or permanent absence from the permitting and state bodies receiving notifications, the possibility of maintaining a state electronic register of permits and notifications;
27-1) excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (effective after ten calendar days after the date of its first official publication);
28) notification – a document drawn up by the applicant in accordance with the form approved by the authorized body in the field of permits and notifications, the National Bank of the Republic of Kazakhstan or the authorized body for regulation, control and supervision of the financial market and financial organizations, informing about the beginning or termination of the activity or action;
29) notification procedure – the establishment of the obligation of an individual or legal entity to notify the state body receiving notifications about this in accordance with the procedure established by this Law prior to the commencement of activities or actions;
30) accompanying permit – a permit of the second category, which, in accordance with the legislation of the Republic of Kazakhstan, is a prerequisite for issuing another permit to the applicant;
31) authorized bodies in the field of export and import – central state bodies that exercise leadership in the field of export and import.
Footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (see Article 3 for the procedure of entry into force); dated 17.11.2015 No. 408-V (effective from 01.03.2016); dated 24.11.2015 No. 419-V (effective from 01.01.2016); dated 12.11.2015 No. 391-V (introduced effective six months after the date of its first official publication); dated 24.05.2018 No. 156-VI (effective ten calendar days after the date of its first official publication); dated 03.07.2019 No. 262-VI (effective from 01.01.2020).