ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 10, 2018 No. 628

About modification of the order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 994 "Questions of the Department of Energy of the Republic of Kazakhstan"

The government of the Republic of Kazakhstan DECIDES:

1. Bring in the order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 994 "Questions of the Department of Energy of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2014, Art. No. 55-56, 544) the following changes:

state Item 5 in the following edition:

"5. This resolution becomes effective from the date of its signing.

At the same time subitems 74), 151), 152), 420) and 432) of functions of central office of Item 16 of the Provision approved by this resolution become effective since January 1, 2020 according to the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" (further - the Code).

The subitem 42) of functions of central office of Item 16 of the Provision becomes effective since January 1, 2022 and the subitem 49) of functions of central office of Item 16 of the Provision becomes effective since January 1, 2024 according to the Code.

Subitems 263), 264), 265), 266), 267) and 268) of functions of central office of Item 16 of the Provision are effective till January 1, 2019 according to the Law of the Republic of Kazakhstan of July 11, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning power industry".".

To be reworded as follows the regulations on the Department of Energy of the Republic of Kazakhstan approved by the specified resolution according to appendix to this resolution.

2. This resolution becomes effective from the date of its signing and is subject to official publication.

Appendix

to the Order of the Government of the Republic of Kazakhstan of October 10, 2018 No. 628

Approved by the Order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 994

Regulations on the Department of Energy of the Republic of Kazakhstan

1. General provisions

1. The Department of Energy of the Republic of Kazakhstan (further - the Ministry) is the central executive body of the Republic of Kazakhstan enabling forming and the realization of state policy, coordination of management process in spheres of the oil and gas, petrochemical industry, transportation of hydrocarbons in the field of production of uranium, state regulation of production of oil products, gas and gas supply, the bulk distribution line, power industry, heat supply, regarding the combined heat and power plants and boiler rooms performing production of heat energy in zone of centralized heat supply (except autonomous boiler rooms), atomic energy, environmental protection, environmental management, protection, control and supervision of rational use of natural resources, the treatment of municipal solid waste, development of renewable energy resources, control of state policy of development of "green economy" (further - regulated spheres).

2. The ministry has departments:

1) Committee of ecological regulation and control of the Department of Energy of the Republic of Kazakhstan;

2) Committee of atomic and energy supervision and control of the Department of Energy of the Republic of Kazakhstan.

3. The ministry performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

4. The ministry is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

5. The ministry enters the civil relations from own name.

6. The ministry has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation.

7. The ministry of questions of the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of the Ministry and other acts, stipulated by the legislation the Republic of Kazakhstan.

8. The structure and limit of the number of staff of the Ministry affirm according to the current legislation.

9. Location of the legal entity: Republic of Kazakhstan 010000, city of Astana, area Esil, Prospekt Kabangbai of the batyr, 19.

10. Full name of the Ministry - public institution "Department of Energy of the Republic of Kazakhstan".

11. This Provision is the constituent document of the Ministry.

12. Financing of activities of the Ministry is performed from the republican budget.

13. The ministry is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of the Ministry.

If the Ministry by legal acts is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the republican budget if other is not established by the legislation of the Republic of Kazakhstan.

2. Mission, main objectives, functions, rights and obligations of the Ministry

14. Mission:

development of fuel and energy complex for the purpose of ensuring high level of competitiveness, homeland and energy security, ensuring the growing needs of economy for energy carriers, development of the scientific and technological potential directed to their effective use, and also creation of conditions on preserving, recovery and improvement of quality of the environment, to ensuring transition of the Republic of Kazakhstan to low-carbon development and "green economy" for requirements satisfaction present and future generations.

15. Tasks:

1) forming and realization of state policy, enhancement of system of public administration in spheres of the oil and gas, petrochemical industry, transportation of hydrocarbons, in the field of production of uranium, state regulation of production of oil products, gas and gas supply, the bulk distribution line, power industry, heat supply, regarding the combined heat and power plants and boiler rooms performing production of heat energy in zone of centralized heat supply (except autonomous boiler rooms), uses of atomic energy, environmental protection, protection, control and supervision of rational use of natural resources, the treatment of municipal solid waste, developments of renewable energy resources, the state environmental control, economic methods of environmental protection, control of state policy of development of "green economy" and providing with regulatory legal acts in the field of technical regulation and normative and technical documents within the competence;

2) implementation of coordination of activities of the central and local executive bodies for realization of state policy in the field of the activities referred to competence of the Ministry;

3) ensuring development of fuel and energy complex;

4) realization of state policy concerning international cooperation in the areas carried to competence of the Ministry;

5) ensuring reproduction of hydrocarbonic, uranium resources and their rational use, including sour gas;

6) improvement of quality of the environment, preserving natural resources, providing ecological safety and achievement of favorable level of ecologically sustainable development of society;

7) development of system of distribution of information and education in the field of environmental protection;

8) ensuring realization of the competence of authority following from production sharing agreements;

9) public administration and ensuring the state control in regulated spheres;

10) implementation of other tasks assigned to the Ministry within the competence.

16. Functions:

functions of central office:

1) performs strategic, regulating, realizable and control and supervising functions in regulated spheres;

2) provides forming and realization of state policy in regulated spheres;

3) approves regulatory legal acts on realization of state policy in regulated spheres;

4) is formed by public council;

5) considers recommendations of public council;

6) is approved by participation of members of public council in work of other working bodies under the Ministry and its departments;

7) is performed by representation as a part of public council and its working groups;

8) determines staff of representation from the Ministry as a part of the working group of public council;

9) is approved by structure of the working group of public council;

10) is approved by structure of public council and regulations on it;

11) is performed by organizational support of activities of public council;

12) is sent by the project of the regulatory legal act concerning the rights, freedoms and obligations of citizens to public council for discussion and development of recommendations;

13) coordinates terms of carrying out public hearings by the public council formed by the Ministry;

14) submits the report to public council about results of the work of the Ministry directed to protection of public concerns;

15) performs coordination of activities of the central and local executive bodies for realization of state policy in regulated spheres;

16) exercises control and supervision of activities of physical persons and legal entities within competence;

17) performs control and supervising functions behind activities of the central and local executive bodies for the questions relating to powers of the Ministry;

18) performs regulatory legal acts, strategic and program documents, goal achievement and tasks in regulated spheres;

Establishes 19) and approves the requirements obligatory for execution by subjects of private entrepreneurship;

Develops 20) and approves standards and regulations of the state services;

21) renders the state services;

22) enables the realization of state policy concerning international cooperation in regulated spheres;

23) enables the realization of international treaties of the Republic of Kazakhstan in the field of climate change;

24) develops program documents within competence of the Ministry;

Develops 25), approves and within the competence approves technical regulations in regulated spheres;

26) is performed by licensing or allowing procedures in the field of hydrocarbons;

27) exercises allowing control;

28) is performed by information request from national registers of identification numbers;

Develops 29), approves with authorized body in the field of permissions and notifications and authorized body in the field of informatization and approves regulatory legal acts about approval of qualification requirements and the list of the documents confirming compliance to them in the regulated sphere;

Develops 30), approves with authorized body in the field of permissions and notifications and authorized body in the field of informatization and approves regulatory legal acts about approval of allowing requirements and the list of the documents confirming compliance to them in the regulated sphere;

Develops 31), approves with authorized body in the field of permissions and notifications and authorized body in the field of informatization and approves forms of statements for receipt of permission of the second category, form of permissions of the second category;

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