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 Law), I ORDER:
1. To make the following changes and additions to the Order of the Minister of Agriculture of the Republic of Kazakhstan dated January 26, 2015 No. 18-02/40 "On approval of the forms of a logging ticket and a forest ticket, the rules for their accounting, storage, filling and issuance" (registered in the Register of State Registration of Regulatory Legal Acts No. 10676, published on April 23, 2015 in the information and legal system "Adilet"):
annexes 1 and 2 approved by the said order should be set out in a new version in accordance with Annexes 1 and 2 to this order;
in the Rules of accounting, storage, filling in and issuance of a logging ticket and a forest ticket approved by the specified order:
Chapter 1 should be worded as follows:
"Chapter 1. General provisions";
paragraph 2 should be worded as follows:
"2. The following types of forest management can be carried out in the state forest fund:
1) wood harvesting;
2) harvesting of oleoresin, wood juices;
3) harvesting of secondary wood resources;
4) secondary forest uses (haymaking, cattle grazing, maral breeding, animal husbandry, placement of beehives and apiaries, gardening, melon cultivation, gardening and cultivation of other agricultural crops, harvesting and collection of medicinal plants and technical raw materials, wild fruits, nuts, mushrooms, berries and other foodstuffs, moss, forest litter and fallen leaves, reeds);
5) use of plots of the state forest fund for the needs of hunting;
6) use of plots of the state forest fund for research purposes;
7) use of plots of the state forest fund for health, recreational, historical and cultural, tourist and sports purposes;
8) use of the plots of the state forest fund for the cultivation of planting material of tree and shrub species and plantation plantations for special purposes.";
Chapter 2 should be worded as follows:
"Chapter 2. Accounting and storage of forms of logging tickets";
Chapter 3 should be worded as follows:
"Chapter 3. Filling in and issuing forms of logging and forest tickets";
add paragraphs 13-1, 13-2 and 13-3 as follows:
"13-1. In order to receive the state service "Issuance of a logging and forest ticket" (hereinafter referred to as the state service), individuals and legal entities (hereinafter referred to as service recipients) submit an application to state forest owners (hereinafter referred to as the service provider) in the form according to Annex 4 to these Rules to the office of the service provider or through the e-government web portal www.egov.kz (hereinafter referred to as 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, is given in the standard of public services in accordance with Annex 5 to these Rules.
When submitting an application through the office of the service provider, a note of acceptance is made on its copy, indicating the date and surname of the employee of the office of the service provider.
When applying through the portal to the "personal account" of the service recipient, the status of acceptance of the request for the provision of public services is sent, as well as a notification indicating the date and time of receipt of the result of the provision of public services.
Information about identity documents, about state registration (re-registration) of a legal entity, about state registration as an individual entrepreneur, or about the beginning of activity as an individual entrepreneur, payment to the budget for forest use, the service provider receives from the relevant information systems through the gateway of "electronic government".
When the service recipient applies after 17.00 hours or on weekends and holidays, according to the Labor Code of the Republic of Kazakhstan dated December 23, 2017 and Article 5 of the Law of the Republic of Kazakhstan dated December 13, 2001 "On Holidays in the Republic of Kazakhstan", the application is accepted and the result of the provision of public services is issued on the next working day.
If the service recipient applies to the office of the service provider for the result of the provision of public services, the result of the provision of public services is made out in electronic form, printed out and certified with the seal and signature of the authorized person of the service provider.
On the portal, the result of consideration of the application is sent to the "personal account" of the service recipient in the form of an electronic document signed by the EDS of the authorized person of the service provider.
13-2. The service provider checks the completeness of the submitted documents within 1 (one) working day from the moment of receipt of the documents. If the service recipient submits an incomplete package of documents and (or) expired documents, the service provider refuses to accept the application and sends it in the form of an electronic document to the "personal account" of the service recipient.
With a full package of documents, the service provider within 1 (one) working day reviews the submitted data for compliance with Article 36 of the Code and fills in a logging ticket according to Appendix 1 to these Rules or fills in a forest ticket according to Appendix 2 to these Rules, or a reasoned refusal to provide a public service.
13-3. The service provider refuses to provide public services on the following grounds:
1) establishing the unreliability of the documents submitted by the service recipient for receiving the state service, and (or) the data (information) contained therein;
2) non-compliance of the service recipient and (or) the submitted materials, data and information necessary for the provision of public services with the requirements of these Rules;
3) in relation to the service recipient, there is a court decision (verdict) that has entered into legal force on the prohibition of activities or certain types of activities requiring the receipt of a certain public service;
4) in relation to the service recipient, there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of a special right related to receiving a public service.
The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of the provision of public services in accordance with the procedure established by the authorized body in the field of informatization in accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law.";
delete paragraph 15;
paragraph 19 should be worded as follows:
"19. In the text part of the logging ticket, after the words "On the basis", the basis for the release of wood on the root is indicated.
The basis for the release of wood on the root is the order of the head of the department on the approval of the annual volumes of logging on the territory of the state forest fund.
After the word "permitted", the full name of the forest user, his individual identification number of the applicant or the legal address of the business identification number is indicated.
In line 10 "Cut down at the expense of the logging fund 20_ of the year", the year for which the logging fund is allocated is indicated, as well as the cutting of which forest is allowed (growing, dry, damaged by fire, insects, wind and others).
Line 11 "Removal distance" indicates the distance of the cutting area from the public road, which is determined from cartographic materials by the shortest distance from the center of the cutting area to the road and adjusted depending on the terrain in accordance with Article 587 of the Code of the Republic of Kazakhstan dated December 25, 2017 "On taxes and other mandatory payments to the budget" (Tax Code) (hereinafter – the Tax Code).
Line 5 "Category of the state forest fund" indicates the category of the state forest fund: specially protected forest territories, urban forests and forest parks, green zones, anti-erosion forests, field- and soil-protective forests or others.";
paragraph 20 should be worded as follows:
"20. In the table of the text part of the logging ticket , it is indicated:
1) the area of plots in hectares with an accuracy of one tenth of a hectare, as well as the farm (coniferous, hard-leaved or soft-leaved). If necessary, the farm is indicated by the main breed: pine, spruce, saxaul, willow, and so on;
2) in the columns "Ensure the preservation of undergrowth" – the area on which undergrowth should be preserved and the number of undergrowth in thousands of pieces per 1 hectare, according to the accounting carried out during the allocation of cutting areas;
3) in the columns "Volume of wood in dense cubic meters" – the amount of wood sold with an accuracy of one cubic meter;
4) in the columns "Cost at the rate in tenge" – the amount of payment for forest use is determined by the state forest owner on the basis of a material and monetary assessment of the cutting areas, calculated based on the volumes and established rates of payment for wood released on the root, the volume of harvesting of oleoresin, wood juices, secondary wood resources of their value, established in accordance with Article 587 of the Tax Code and the Order of the Acting Minister of Agriculture of the Republic of Kazakhstan dated September 13, 2018 No. 383 "On approval of Methodological guidelines for calculating rates of payment for forest use on plots of the State Forest Fund" (registered in the Register of State Registration of Regulatory Legal Acts No. 17560);
5) in the column "Due for payment, tenge" – the amount due for payment. With a free vacation, "free of charge" is put in this column.
The table is filled in for each plot separately.