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Issuance of a license for the use of subsoil space

Как получить услугу

Service provider

Individuals

Documents required for submission to service provider:

To obtain a license:

Application
Copies of documents confirming the information specified in paragraphs 1 and 2 of the application for a license to use subsurface space in accordance with Annex 1 to these Rules.
A document confirming the authority of the person acting on behalf of the applicant when submitting the application, if such a person is appointed by the applicant.
Geological report in the form approved by the Order of the Acting Minister for Investment and Development of the Republic of Kazakhstan dated May 31, 2018 No. 418 "On approval of the geological report form" (registered in the Register of State Registration of Regulatory Legal Acts No. 17069), containing the characteristics of the underground structure object, the characteristics of its isolation, the type of rocks, the depth and effective capacity of the reservoir reservoir, its area, porosity coefficient, characteristics of the underlying and overlapping water barrier, the rate of natural flow of groundwater, qualitative and quantitative indicators, mining, special engineering-geological, hydrogeological and environmental conditions of burial, storage and discharge, which received a positive conclusion of the state examination in accordance with part 3 of paragraph 1 of Article 252 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" (hereinafter - the Code).
Characteristics of harmful, toxic substances, solid and liquid waste, sewage and industrial waters with indication of the name of the product, technical production or process in which it is formed, its physical characteristics, complete chemical composition, content of toxic components, fire hazard, explosion hazard, solubility, compatibility with other substances during storage, the main pollutants of radionuclides, their activity, as well as characteristics of the transportation system.
The project of exploitation of the subsurface space and the liquidation plan, with the application of expertise and approval provided for in paragraph 2 of Article 257 and paragraph 4 of Article 260 of the Code.

License renewal:

Renewal of license is performed based on an application for renewal of a license to use subsurface space (certified by a service recipient's DS when applying via the portal) submitted by a service recipient in the prescribed form and in accordance with Appendix 4 to the Rules for public service delivery.
The application must be accompanied by originals or notarized copies of documents confirming the information indicated in it.
The application and the documents attached to it must be drawn up in Kazakh and Russian. If the application is submitted by a foreigner or a foreign legal entity, the documents attached to it may be drawn up in another language with a mandatory translation into Kazakh and Russian attached to each document, the fidelity of which is certified by a notary.

Service provider

Legal entities

Documents required for submission to service provider:

To obtain a license:

Application
Copies of documents confirming the information specified in paragraphs 1 and 2 of the application for a license to use subsurface space in accordance with Annex 1 to these Rules.
A document confirming the authority of the person acting on behalf of the applicant when submitting the application, if such a person is appointed by the applicant.
Geological report in the form approved by the Order of the Acting Minister for Investment and Development of the Republic of Kazakhstan dated May 31, 2018 No. 418 "On approval of the geological report form" (registered in the Register of State Registration of Regulatory Legal Acts No. 17069), containing the characteristics of the underground structure object, the characteristics of its isolation, the type of rocks, the depth and effective capacity of the reservoir reservoir, its area, porosity coefficient, characteristics of the underlying and overlapping water barrier, the rate of natural flow of groundwater, qualitative and quantitative indicators, mining, special engineering-geological, hydrogeological and environmental conditions of burial, storage and discharge, which received a positive conclusion of the state examination in accordance with part 3 of paragraph 1 of Article 252 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" (hereinafter - the Code).
Characteristics of harmful, toxic substances, solid and liquid waste, sewage and industrial waters with indication of the name of the product, technical production or process in which it is formed, its physical characteristics, complete chemical composition, content of toxic components, fire hazard, explosion hazard, solubility, compatibility with other substances during storage, the main pollutants of radionuclides, their activity, as well as characteristics of the transportation system.
The project of exploitation of the subsurface space and the liquidation plan, with the application of expertise and approval provided for in paragraph 2 of Article 257 and paragraph 4 of Article 260 of the Code.

License renewal:

Renewal of license is performed based on an application for renewal of a license to use subsurface space (certified by a service recipient's DS when applying via the portal) submitted by a service recipient in the prescribed form and in accordance with Appendix 4 to the Rules for public service delivery.
The application must be accompanied by originals or notarized copies of documents confirming the information indicated in it.
The application and the documents attached to it must be drawn up in Kazakh and Russian. If the application is submitted by a foreigner or a foreign legal entity, the documents attached to it may be drawn up in another language with a mandatory translation into Kazakh and Russian attached to each document, the fidelity of which is certified by a notary.

Результат оказания услуги

A license for the use of subsurface space or a notification of refusal to provide a public service.

Часто задаваемые вопросы

Grounds for refusal to provide the public service established by the laws of the Republic of Kazakhstan

An application or documents attached thereto do not meet the requirements and terms provided for in Article 251 and paragraph 1 of Article 252 of the Code;
align="justify"Documents required by Article 251 and paragraph 1 of Article 252 of the Code are not attached to the application;
Requested subsoil plot does not comply with the requirements of paragraph 3 of Article 19 and paragraph 1 of Article 250 of the Code;
Requested subsoil plot is fully or partially located in the territories specified in paragraph 2 of Article 250 of the Code;
In accordance with the geological report study finding attached to the application, it is established that, due to its geological and (or) geotechnical characteristics, the requested subsoil plot is not suitable for carrying out operations on the subsoil space use for the purposes specified in the application;
If the applicant fails to comply with the deadline for submitting to the authorized body for subsoil study of the required positive expert opinions and agreeing on the subsoil space exploitation and liquidation plan project.

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.

Receipt, registration, withdrawal and revoke of an appeal

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

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.
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.
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.

Timeframe of administrative procedure that is under institution on the basis of an appeal

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).

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.

Complaints procedure

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.

Deadline for filing a complaint

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).
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.
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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Полное название

Issuance of a license for the use of subsoil space

Получатели услуги

Individuals

Legal entities

Стоимость услуги

400 МCI