On approval of the Rules for holding public hearings

Canceled

Order of the Minister of Environmental Protection of the Republic of Kazakhstan
No. 135-p dated May 7, 2007.
Entered in the Register of State registration of normative legal acts of the Ministry of Justice of the Republic of Kazakhstan No. 4687 dated May 30
, 2007. Revoked by
Order No. 286 of the Acting Minister of Ecology, Geology and Natural Resources
of the Republic of Kazakhstan dated August 3, 2021

Note. Expired-Ecology, Geology and Natural Resources of the Republic of Kazakhstan

acting Minister 03.08.2021

(after the day of the first official publication

(Entered into force ten calendar days after the date of its first official publication).

Note. Title of the order as amended by the Order of the Ministry of Energy of the Republic of Kazakhstan

21.06.2016

(after the day of the first official publication

(Entered into force ten calendar days after the date of its first official publication).

Environmental Code of the Republic of Kazakhstan dated January 9, 2007

In accordance with sub-clause 30)

Article 17

I order you to:

1. approve the attached Rules for conducting public hearings

approve it.

rules

Note. Item 1 as amended by the Order of the Minister of Energy of the Republic of Kazakhstan dated 21.06.2016

№ 260

(entered into force ten calendar days after the date of its
first official publication).

2. bring this order to
the attention of structural and territorial divisions of the Ministry of Environmental Protection of the Republic of Kazakhstan
.

3. this order is valid for ten calendar days from the date of its first official publication

after the expiration date.

Minister

Republic of Kazakhstan

Minister of Environmental Protection

Dated May 7, 2007

By Order No. 135-p

approved

Rules for holding public hearings

Note. Regulation as amended by the Order of the Minister of Energy of the Republic of Kazakhstan dated 21.06.2016 no.

(upon expiration of ten calendar days after the date of the first official publication

260
).

Chapter 1. General provisions

1. these Rules for Conducting Public Hearings (hereinafter referred to as the Rules)
developed in accordance with the Environmental Code of the Republic of Kazakhstan dated January 9, 2007 (
hereinafter referred to as the Code).

In accordance with subparagraph 30) of this paragraph and

Article 17
establishes the procedure for holding public hearings.

2. The following terms and definitions are used in these Rules::

1) public-one or more natural or legal persons, their
associations, organizations or groups, public associations;

2) public hearings-
one of the forms of exercising the rights of the public to participate in the process of making state and managerial decisions by holding open meetings, requests to take into account the opinion of the interested public

;

3) interested public-the public that
is affected or may be affected by the decision-making process on issues related to the environment, or is interested in this
process;

4) customer-initiator of the planned management, economic,
investment and other activities;

Other terms and definitions used in these Rules are applied in
accordance with the legislation of the Republic of Kazakhstan in the field of environmental protection
.

3. code of conduct

Regions in accordance with subitem 4),

Article 20
Local executive bodies of cities of republican significance, the capital
(hereinafter-local executive bodies)
when conducting a state environmental assessment, public hearings are organized.

4. participants in public hearings:

1) interested public;

2) local executive body;

3) authorized body in the field of environmental protection for objects of category I
;

4) state bodies that are responsible for making the decisions under discussion
;

5) mass media( hereinafter-mass media), in
case of their interest;

6) customer.

5. These Terms and Conditions

local significance in accordance with the

Appendix 1
A special heading "public hearings" is created on the Internet resource of the executive body
.

6. public hearings:

1) the following:

Article 57-2 of the Code

2), 3), 4), 5), 6) in pp.

For projects specified in paragraph 1;

In the form of an open meeting with the interested public on economic activities for objects of categories I and II specified in subitem 1) of item 1 of Article 57-2 of the Code
;

2) for objects of categories III and IV specified in subitem 1) of item 1 of Article 57-2 of the Code
, to take into account the opinion of the interested public.

At the same time, in accordance with these Rules

request using the appropriate form

Go to Appendix 2.

Note. Item 6 as amended by the Order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017

№ 307

(effective ten calendar days after the date of its
first official publication)

7. code of conduct

Code, except for subitem 14) of item 1

In accordance with paragraph 1 of article 41 of article 41, the Contracting Authority submits
documentation on environmental impact assessment for public hearings.

Note. Item 7 as amended by the Order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017

№ 307

(effective ten calendar days after the date of its
first official publication)

Chapter 2. Procedure for holding public hearings
Paragraph 1. Public hearings in the form of an open meeting

8. the requester pre-coordinates with the local executive body
the time and place of the public hearing, the list of interested public
and justifies the most effective ways to notify it (
media announcements, information sheets, stands, personal messages, written
statements).

9. the local executive body determines the list of interested public, the method of
notifying it, the time and place of holding
public hearings,and the person responsible for holding public hearings.

10. For holding public hearings in the form of open meetings, the Customer
provides the following information:

Date, Time and place of public hearings;

name of the local executive body and
contact details of the person responsible for organizing public hearings;

e-mail address of the local executive body where suggestions and comments are accepted
;.

address of the Internet resource of the local executive body where the project documentation is posted
;

address of the place where members of the public can get acquainted with the project materials in paper form
;

name of the state body responsible for conducting state environmental expertise
;

Customer's name and contact details;

the address of the customer's Internet resource or email address to which suggestions and comments are accepted;

no later than twenty working days prior

to the public hearing, an announcement on holding public hearings in the form of open meetings in the state and Russian languages is published in the media with the name and contact details of the documentation developer.

Note. Item 10 as amended by the Order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017

№ 307

(effective ten calendar days after the date of its
first official publication)

11. the customer has the right to notify about the holding of public hearings,

project

documentation

local users

executive director

for publication on the authority's Internet resource.

12. Local executive bodies

shall provide open access to environmental information related to the procedure for assessing the impact of economic and other activities on the environment and
the decision-making process on this activity
through an Internet resource, as well as using other methods of notification, up to twenty days prior to public hearings
.

13. the interested public submits to the customer their
comments and suggestions to the project documentation (if any)
not later than 3 business days before the date of the public hearing.

14. at the appointed time and place on the day of the public hearing
, the person responsible for conducting the public hearing registers the participants.

Note. Item 14 as amended by the Order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017

№ 307

(upon expiration of ten calendar days after the date of the first official publication

(put into effect) by order

15. Public hearings are opened by a representative of the local executive body.
The agenda and rules of procedure are approved by a majority vote of those present
, and the chairman and secretary are elected.

16. the customer's reports on the project are heard.

The Reports State That

41 of the Code referred to in paragraph 1-

Article 41
contains information, with the exception of sub-paragraphs 1, 2, 14) of paragraph 1 of the Article

17. at public hearings, in accordance with the established rules
, the opinion of all comers is expressed and questions are asked to the speakers.

18. The local executive body
provides an electronic recording of the public hearing session.

19. The results of public hearings must comply with these Rules.

The protocol is drawn up in accordance with the form specified in Appendix 3. The protocol

is drawn up taking into account comments and suggestions accepted through the Internet resource or using other methods of informing and opinions of persons who took part in the public hearing
. The protocol
contains information on the comments and suggestions of the interested public regarding the client's project and the client's
position on taking into account each comment and suggestion,
as well as on the possibility of appealing the decision.
The protocol is signed by the chairman and secretary
of the public hearing
and posted on the Internet resource of the local executive body no later than seven working days after the public hearing.

Note. Item 19 as amended by the Order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017

№ 307

(effective ten calendar days after the date of its
first official publication)

20. within seven working days after the public hearing
, the customer submits one copy of the minutes of the public hearing
for publication on the Internet resource of the local executive body
.

21. Public hearings
are considered to have taken place with the obligatory participation of the representatives specified in subitems 1), 2)of item 4 of these Rules
.

Note. Item 21 as amended by the Order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017

№ 307

(effective ten calendar days after the date of its
first official publication)

Paragraph 2. Public hearings in the form of a survey

22. the customer has the right to send a request to the local executive body in the form of a request

on holding public hearings.

23. The local executive body
determines the person responsible for ensuring public access to information about public hearings
.

24. the customer
places an announcement in the media about holding public hearings in the form of a request in the state and Russian languages with the following
information::

name of the local executive body and
contact details of the person responsible for holding the public hearing;

name of the state body responsible for conducting state environmental expertise
;

Customer's name and contact details;

name and contact details of the documentation developer;

questionnaire on taking into account the opinion of the interested public and

project

documentation

published by

state

address of the authority's Internet resource;

email address
or Internet resource of the customer to which suggestions and comments are accepted;

announces the period of holding public hearings in the form of a request (at least twenty business days), indicating the start and end dates for receiving comments and suggestions
.

Note. Item 24 as amended by the Order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017

№ 307

(effective ten calendar days after the date of its
first official publication)

25.
in case of receipt of proposals and (or) comments from the interested public, the responsible person of the local executive body sends them to the customer
.

26. the customer analyzes suggestions and / or comments received from the public
.

27. the responsible person of the local executive body agrees with the customer

together with these Rules

request using the specified form

Draws up a protocol on holding public hearings in the form of Appendix 4. The protocol
contains suggestions and comments of the interested public
and information about the customer's position on accounting for each proposal or (or) comments and
the possibility of appealing the decision.

Note. Item 27 as amended by the Order of the Minister of Energy of the Republic of Kazakhstan dated 08.09.2017

№ 307

(upon expiration of ten calendar days after the date of the first official publication

(put into effect) by order

28.No later than seven working days after the public hearings
are held, the minutes
of the public hearings are posted on the Internet resource of the local executive body in the form of a request.

Note. The rules are supplemented by paragraph 28 in accordance with the order of the Minister of Energy of the Republic of Kazakhstan
dated 08.09.2017

№ 307

(ten calendar days after the date of the first official publication

(effective after the expiration date

Public hearings

to the Rules of conducting the event

Appendix 1

An object

Category "public hearings" on the Internet resource of the local executive body

Date of placement

Text of the announcement of the public hearing, as well as the name of the local
executive body and contact details of the person responsible for organizing the public hearing, accepting proposals and
comments
;name of the state body responsible for conducting the state environmental assessment; name
of the customer;
project

documentation

published by

local users

executive director

address of the authority's Internet resource
; name of the documentation developer;
date, time, and place.

Comments, suggestions of the interested public to the project documentation
customer's responses to comments, suggestions of the interested public

public opinion accounting questionnaire

completed public opinion surveys

minutes of public hearings

protocol on conducting a public discussion in the form of a survey

Public hearings

to the Rules of conducting the event

Appendix 2

An object

Taking into account the opinion of the interested public

QUESTIONNAIRE NO. _____

Date __________

1. Full name (name of the legal entity), IIN (CFC)__________________________

__________________________________________________________________
___

2. place of residence or legal address___________________________

(name of the locality)

3. current occupation _______________________________________________

4. contact details _______________________________________________

(Address, phone number, other if necessary for questioning

being filled in)

5. organization name, address, phone number ______________________________
_

(to be filled in if the request is made on behalf of the participating organization)

6. assessment of the completeness of the information provided about the planned activity:

__________________________________________________________________
___

7. comments and suggestions:________________________________________

__________________________________________________________________
___

__________________________________________________________________

___

Public hearings

to the Rules of conducting the event

Appendix 3

An object

________ minutes of public hearings in the form of an open meeting on the project

Note. Appendix 3 as amended by the Order of the Minister of Energy of the Republic of Kazakhstan

08.09.2017

(ten calendar days after the date of the first official publication

(Effective 307 calendar days after the date of its first official publication)

1. Date of the event______________________________________________________
______________

2. venue of the event_____________________________________________________
______________

3. holding public hearings_______________________________________________
organized by

(local executive body)

4. information on holding public hearings _________________

_____________

_______________________________________________________________transmitted
.

(specify the means used for notification, for example, the name of the media outlet

and publication dates)

5. presenters:_____________________________________________________
_____________

(presenting the full list as an appendix to the protocol, all of them are included in the list.

Specify participants or the main category of participants)

6. agenda of public hearings:___________________________________
______________

(main items on the agenda and their respective time frames)

7. speakers:__________________________________________________
_____________

(list of speakers, their presentations and reports

subject and main meaning, texts of speeches and reports

if they are included as an annex to the protocol).

8. suggestions and comments from members of the public,

questions:_________________________________________________________
_____________

(suggestions indicating the question and answer, target group, or organization

and comments; if there are written extensive suggestions and comments
–

including them as an appendix to the protocol)

9. customer's questions, suggestions and comments

responses _________________________________________________________
_____________

10. main conclusions of the discussion:

__________________________________________________________________
______________

11. possibility to appeal the decision in accordance with the procedure established by law.

Chairman of the public hearing:_______________________________________
_____________

(Last name, first name, patronymic (if any), signature)

Secretary of the Public Hearing: ______________________________________
_____________

(Last name, first name, patronymic (if any), signature)

Public hearings

to the Rules of conducting the event

Appendix 4

An object

_______ protocol on holding public hearings in the form of a project request

Note. Appendix 4 as amended by the Order of the Minister of Energy of the Republic of Kazakhstan

08.09.2017

(ten calendar days after the date of the first official publication

(Effective 307 calendar days after the date of its first official publication)

Address:____________________

Report creation date ________________

Familiarization with the materials within _ _ _ _ _ _ days _ _ _ _ _ _ _ year ____________
with

_________________________________________________ addresses
were carried out by.

Full name of the documentation: _________________________________________
______________

Place of economic activity: _____________________________
_____________

Customer: __________________________________________________
______________

Developer__________________________________________________________
_____________

Procedure for conducting public hearings in the form of a survey:

publication of informational announcements in the following media outlets
:

__________________________________________________________________
______________

Processing the results of public hearings in the request form:

when conducting public hearings in the form of a survey___________
a questionnaire was received.

After the public hearing
, the following documents were submitted to the customer in the request form::

Comments made during public hearings in the request form

analysis of offers and:

Possibility to appeal the decision in accordance with the procedure established by law.

Local Executive Body

responsible person of the authority ____________________________________________

_____________

Customer ___________________________________________________
_____________

Appendix: participants of the public hearing in the form of a survey

completed questionnaires

RSE on PHV "Institute of Legal Information"

On approval of the Rules for holding public hearings

Дата публикации

24 августа 2022