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Issuance of the determination for the buildings’ (structures’) repurposing (functional assignment’s changing) to the religious buildings (structures)

Как получить услугу
Online
Individuals

You can obtain a service via the Portal:

1. Click “Order Online” button, then a new window will open of e-Licensing Portal;

2. Sign in or log in on e-Licensing Portal;

3. Click “Order Service Online” button on e-Licensing Portal page;

4. Fill in the fields of request;

5. Sign a request with digital signature;

6. You can track status of request in “My applications” section of Personal Account, status on obtainment of license in “My licensing documents” section and status on obtainment of notification in “My notifications” section.

Government for citizen
Legal entities

Documents required for submission to "Government for Citizens" Public Corporation":

1. Application. 

2. Letter of consent of the owner to convert the building (structure) into a religious building (structure) (provided in the case of rented premises.

3. The explanatory notes on the conversion of buildings (structures) religious building (structure) in an arbitrary form, signed by the head of a registered religious associations (including the names of religious buildings (structures) and religious associations, to whom it would belong to, objectives of conversion, the number of parishioners in need of spiritual needs in the area, the candidacy of the priest religious buildings (facilities).

4. A copy of the decision of the Assembly (gathering) of local community or decision of the meeting of owners of premises (apartments) in force on the territory where you intend the change the building (construction), the consent to the conversion to an iconic building or structure (subject to availability of houses bordering it (including, if the border runs easement, road) with the territory pereprofilirovaniju religious buildings (facilities).

Результат оказания услуги

Decision on repurposing (changing the functional purpose) of buildings (structures) into religious buildings (structures), or a motivated response to a refusal.

Часто задаваемые вопросы
What can be the reasons for refusal to deliver a public servise?

1) if the activity of religious associations is aimed at the set of supremacy of one religion in the state, the incitation of religious hatred or discord, including those associated with violence or calls for violence and other illegal actions;
2) if the activity of religious associations is aimed at coercing the citizens of the Republic of Kazakhstan, foreigners and stateless persons in the perception of their attitude towards the religion, participation or non-participation in the activity of religious association, religious rites and (or) religion mentorship;
3) if the activity of religious associations are aimed at the violence against the citizens of the Republic of Kazakhstan, foreigners and stateless persons or otherwise cause of harm to the health or dissolution of marriage between the spouses (breakup of a family) or termination of the family relations, cause of harm to the morality, the violation of rights and freedoms of a man and citizen, the incitation of citizens to the refusal to fulfill their duties stipulated by Constitution and laws of the Republic of Kazakhstan, and other infringements of legislation of the Republic of Kazakhstan;
4) if the activity of religious associations is aimed at forced involvement of citizens of the Republic of Kazakhstan, foreigners and stateless persons, including through charitable activities, and (or) preventing them from quitting the religious association, including through the use of blackmail, violence or threat of violence, using material or other dependence of citizens of the Republic of Kazakhstan, foreigners and stateless persons, or through deception;
5) if the activity of religious associations is aimed at coercing the participants (members) of the religious association and religious followers to alienate their property in favor of a religious association, its leaders and other participants (members);
6) if the activity of religious associations is aimed at inducing them to make decisions and perform actions using religion and religious beliefs that are clearly capable of disorganizing the activity of public bodies, disrupting their smooth functioning, and reducing the degree of governability in the state;
7) the set of the unreliability of the documents submitted by the service recipient and (or) data (information) contained therein to receive the public service,;
8) the non-compliance of the service recipient and (or) submitted materials, objects, data and information required for the public service provision with the requirements established by regulatory legal acts of the Republic of Kazakhstan;
9) a negative response from an authorized public body to the enquiry for “no objection” required to provide the public service, as well as a negative conclusion of the examination, study or inspection;
10) in relation to the service recipient there is a court decision (sentence) that has entered into legal force prohibiting the activity or certain activity types that require the public service receipt;
11) 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 associated with the public service receipt;
12) the absence of consent of the service recipient provided in accordance with Article 8 of the Law of the Republic of Kazakhstan "On Personal Data and Their Protection", to access sensitive personal data that are required to provide the public service.

Grounds for institution of an administrative procedure
  • appeal;
  • initiative of an administrative body or official.

 General requirements for the appeal

The appeal submitted in hard copy or electronic form shall indicate:

  • Full name, IIN, postal address of a natural person, BIN of a legal entity;
  • name of administrative body, official to whom the appeal is submitted;
  • the essence of an appeal;
  • date of filing an appeal;
  • signature of the applicant or his representative;
  • other information provided for by legislation of the Republic of Kazakhstan.

If the administrative procedure is on a paid basis, the applicant must submit a document confirming the payment.

! It is barred to reject the receipt of an appeal.

  1. Once the appeal is submitted, the applicant is issued a receipt containing a unique number, indicating the date and time, last name and initials, and the position of the person who received the appeal.
  2. In the case of non-compliance with the requirements established by Article 63 Code, the administrative body and the official shall indicate to the applicant the requirements the appeal does not comply with, and set a reasonable time limit for bringing it into compliance with the requirements.
  3. Before a decision is made on the administrative case, the applicant may withdraw the appeal on the basis of his written application.

Referring the appeal to an authorized administrative body and official

An appeal received by an administrative body and official whose authority does not include the consideration of this appeal, within no later than 3 working days from the date of its receipt shall refer it to the authorized administrative body and official, with simultaneous notification of the participant in the administrative procedure.

  1. The timeframe of administrative procedure is 15 working days from the date of receipt of an appeal.

! The laws may set the other timeframe for consideration of appeals (For example, according to the Law “On Access to Information” a reply to a written enquiry is provided within fifteen calendar days from the date of receipt of the information by the owner).

  1. The period of administrative procedure may be extended by a reasoned decision of the head of the administrative body for not more than 2 months, consistently the participant in the administrative procedure is notified within 3 working days from the date of extension.

A participant in the administrative procedure has the right to file a complaint the administrative action (inaction) related to the adoption of an administrative act.

If an administrative body and official within the timeframe has not adopted an administrative act or committed an administrative action, then commencing from the date of expiry it is considered that the administrative body and official rejected to adopt the administrative act or commit the administrative action.

The complaint is submitted to the administrative body and official whose administrative act and administrative action (inaction) is being appealed.

An appeal to the court is allowed after a pre-trial appeal. If the law provides for the possibility of going to court without the need to appeal to a higher authority, the administrative act, administrative action (inaction) of the administrative body and official is being disputed, along with the revoke, submit to the court a reasoned position of the head of the higher administrative body and official.

! The Administrative Procedure Code not always rules the procedure of complaint; the industry laws may contain statutes indicating the appeal of the decision in the court, without pre-trial appeal.

  1. A complaint against an administrative act, administrative action (inaction) is submitted to the administrative body and official no later than 3 months from the day when the participant in the administrative procedure became aware of the adoption of the administrative act or the commitment of an administrative action (inaction).
  2. If the deadline is missed for a good reason, at the request of the participant in the administrative procedure, it may be renewed by the body considering the complaint.
  3. Missing the deadline for submitting the complaint is not a basis for rejection to receive the complaint by the body considering the complaint.

! Other laws may establish a special procedure and deadlines for appealing the decisions.

The period for consideration of the complaint is 5 working days from the date of receipt of the complaint.

! Other laws may establish a different period for appealing the decisions of administrative bodies.

 

 

Source: Administrative Procedural Code of Republic of Kazakhstan,
The Law of the RK "On Public services"

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Issuance of the determination for the buildings’ (structures’) repurposing (functional assignment’s changing) to the religious buildings (structures)
Получатели услуги
Individuals
Legal entities
Стоимость услуги

Free of charge

Срок оказания услуги

22 working days

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