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ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of March 31, 2020 No. 276

About approval of Rules of rendering the state services in the field of drug trafficking, psychotropic substances and precursors

(as amended of the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of 29.12.2022 No. 1010)

According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:

1. Approve:

1) Rules of rendering the state service "Licensing for the Activities Connected with Drug Trafficking, Psychotropic Substances and Precursors", according to appendix 1 to this order;

2) Rules of rendering the state service "Licensing for Export and Commodity Import, Containing Drugs, Psychotropic Substances and Precursors", according to appendix 2 to this order;

3) Rules of rendering the state service "Issue of the Import Permit, Export and Transit of Drugs, Psychotropic Substances and Precursors", according to appendix 3 to this order.

2. Recognize invalid some orders of the Ministry of Internal Affairs of the Republic of Kazakhstan according to appendix 4 to this order.

3. To provide to department on counteraction of narcocrime of the Ministry of Internal Affairs of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan.

4. To impose control of execution of this order on the supervising deputy minister of internal affairs of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Minister of Internal Affairs of the Republic of Kazakhstan

E.Turgumbayev

It is approved

Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

"___" ______________ 2020

 

It is approved

Ministry of the industry and infrastructure development of the Republic of Kazakhstan

"___" ______________ 2020

 

It is approved

Ministry of national economy of the Republic of Kazakhstan

"___" ______________ 2020

 

It is approved

Ministry of Health of the Republic of Kazakhstan

"___" ______________ 2020

 

Appendix 1

to the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of March 31, 2020 No. 276

Rules of rendering the state service "Licensing for the Activities Connected with Drug Trafficking, Psychotropic Substances and Precursors"

Chapter 1. General provisions

1. These rules of rendering the state service "Licensing for the Activities Connected with Drug Trafficking, Psychotropic Substances and Precursors" (further – Rules) are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law) and the subitem 4) of Item 1 of article 12 of the Law of the Republic of Kazakhstan "About permissions and notifications" and determine procedure for rendering the state service "Licensing for the Activities Connected with Drug Trafficking, Psychotropic Substances and Precursors" (further – the state service).

2. The state service contains the following subspecies of the state services: cultivation, collection and procurement of narkotikosoderzhashchy plants, development, production, conversion, transportation, transfer, acquisition, storage, distribution, realization, use, destruction (further – subspecies).

3. In these rules the following concepts are used:

1) the applicant (uslugopoluchatel) – the face which submitted the appeal to administrative authority, to the official for implementation of ministerial procedure and also person concerning whom the administrative act is adopted is made administrative action (failure to act) (the addressee of the administrative act);

2) the administrative act (result of rendering state service) – the decision made by administrative authority, the official in the public relations, exercising the rights established by the laws of the Republic of Kazakhstan and obligation of certain person or individually certain group of people;

3) administrative authority (service provider) – state body, local government body, the state legal entity, and also other organization which according to the laws of the Republic of Kazakhstan are given authority on adoption of the administrative act, making of administrative action (failure to act);

4) ministerial procedure is the activities of administrative authority, the official for consideration of administrative case, acceptance and execution on it of the decision made based on the address or on own initiative and also the activities performed according to the procedure of the simplified ministerial procedure;

5) Single contact center – the legal entity determined by the Government of the Republic of Kazakhstan, performing functions of directory service on provision to uslugopoluchatel of information on questions of rendering the state and other services and also to state bodies – information on questions of rendering information and communication services;

6) electronic form of the license and (or) appendix to the license – the permission in electronic form which is drawn up and received with use of the state information system of permissions and notifications equivalent to permission on paper;

7) the web portal of "the electronic government" www.egov.kz (further – the portal) – the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically;

8) payment gateway of "the electronic government" (further – PShEP) – the information system automating processes of information transfer about carrying out payments within rendering the paid services rendered electronically;

9) the digital signature (further – the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

Chapter 2. Procedure for rendering the state service

4. The state service and subspecies is to legal entities (further – uslugopoluchatel) who treat subjects of medium and big business.

5. The state service and subspecies appears the Ministry of Internal Affairs of the Republic of Kazakhstan (further – the service provider).

6. The state service and subspecies appears to uslugopoluchatel on paid basis.

7. The list of the main requirements to rendering the state service and subspecies including characteristics of process, form, content and result of rendering and also other data taking into account features of provision of the state service and subspecies is provided in the list of the main requirements to rendering the state service "Licensing for the Activities Connected with Drug Trafficking, Psychotropic Substances and Precursors" according to appendix 1 to these rules.

8. To Uslugopoluchatel by means of the portal the status about acceptance of request for rendering the state service and subspecies, and also the notification with indication of date and time of receipt of result of the state service and subspecies goes to "personal account".

The office of the service provider from the moment of receipt of documents performs their acceptance, registration and transfers to execution to responsible structural division. In case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law, reception of applications and issue of results of rendering the state service and subspecies is performed the next working afternoon.

9. The employee of responsible structural division of the service provider (further – the worker of the service provider) within 2 (two) working days from the moment of receipt of the documents specified in Item 10 of the list of the main requirements to rendering the state service checks completeness of the submitted documents and (or) data.

And also about lack among them of the faces recognized unsuitable to accomplishment of separate types of the professional activity and activities connected with source of enhanced danger about the registered rights (encumbrances) to real estate, payment of the license fee for the occupation right by separate type of activity the service provider receives data on the conclusion of state bodies in the field of sanitary and epidemiologic wellbeing of the population, industrial safety when implementing uslugopoluchatel of the activities connected with turnover of precursors, the letter approval of territorial subdivision of the service provider, the conclusion about the corresponding check of workers, the conclusions of narcological and psychoneurological dispensaries about absence among workers of persons with diseases of drug addiction, toxicomania, chronic alcoholism from the corresponding state information systems through lock of "the electronic government".

In case of representation by uslugopoluchatel of incomplete document package and (or) data the worker of the service provider during the term specified in part one of this Item prepares motivated refusal in form, according to appendix 2 to these rules (further – motivated refusal), in further review of the application which is directed by means of the portal to "personal account" of the uslugopoluchatel in electronic form signed by the EDS of the authorized person of the service provider.

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