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ORDER OF THE MINISTER OF INFORMATION AND SOCIAL DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 31, 2020 No. 97

About approval of Rules of rendering the state services in the sphere of religious activities

(as amended on 14-02-2022)

According to the subitem 1) article 10 of the Law of the Republic of Kazakhstan "About the state services" PRIKAZYVAYU:

1. Approve:

1) Rules of rendering the state service "Carrying Out Registration and Re-registration of Persons Performing Missionary Activities" according to appendix 1 to this order;

2) Rules of rendering the state service "Coordination of Activities of Foreign Religious Associations in the territory of the Republic of Kazakhstan, Appointments of Religious Associations as the Foreign Religious Centers of Heads in the Republic of Kazakhstan" according to appendix 2 to this order;

3) Rules of rendering the state service "Issue of the Decision on Approval of Arrangement of Special Stationary Rooms for Distribution of Religious Literature and Other Information Materials of Religious Content, Objects of Religious Appointment" according to appendix 3 to this order;

4) Rules of rendering the state service "Issue of the Decision on Coordination of Arrangement of Rooms for Holding Religious Actions outside Cult Buildings (Constructions)" according to appendix 4 to this order;

5) Rules of rendering the state service "Issue of the Decision on Construction of Cult Buildings (Constructions), Determination of Their Location" according to appendix 5 to this order;

6) Rules of rendering the state service "Issue of the Decision on Reshaping (Change of Functional Purpose) of Buildings (Constructions) to Cult Buildings (Constructions)" according to appendix 6 to this order.

2. Recognize invalid some orders according to appendix 7 to this order.

3. To provide to committee on cases of religions of the Ministry of information and social development of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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 information and social development of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order submission to Legal department of the Ministry of information and social development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the supervising vice-minister of information and social development.

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

Minister of information and social development of the Republic of Kazakhstan

D. Abayev

It is approved

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

"__" ________ 2020

 

Appendix 1

to the Order of the Minister of information and social development of the Republic of Kazakhstan of March 31, 2020 No. 97

Rules of rendering the state service "Carrying Out Registration and Re-registration of Persons Performing Missionary Activities"

Chapter 1. General provisions

1. These rules of rendering the state service "Carrying Out Registration and Re-registration of Persons Performing Missionary Activities" (further - Rules) are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" and determine procedure for rendering the state service "Carrying Out Registration and Re-registration of Persons Performing Missionary Activities" (further - the state service).

2. The state service appears local executive bodies of areas, Nour-Sultan's cities, Almaty and Shymkent (further - the service provider) to physical persons (further - uslugopoluchatel) according to these rules.

In these rules the following concepts are used:

1) religious consolidation - voluntary consolidation of citizens of the Republic of Kazakhstan, foreigners and stateless persons, in the procedure for their interests which united on the basis of community established by legal acts of the Republic of Kazakhstan for satisfaction of spiritual needs;

2) religious activities - the activities directed to satisfaction of religious needs of believers;

3) missionary activities - the activities of citizens of the Republic of Kazakhstan, foreigners and stateless persons directed to distribution of dogma in the territory of the Republic of Kazakhstan;

4) authorized body - the state body performing state regulation in the sphere of religious activities.

Chapter 2. Procedure for rendering the state service

3. For receipt of the state service the uslugopoluchatel files the registration application (re-registration) of the missionary in form according to appendix 1 to these rules and application of documents according to the standard of the state service in appendix 2 to these rules in office of the service provider or through Non-commercial joint-stock company "The Government for Citizens state corporation (further - the State corporation) and the web portal of "the electronic government" www.egov.kz, www.elicense.kz (further - the Portal).

The employee of the State corporation and (or) the service provider receive data on identity documents and state registration (re-registration) of religious consolidation from the corresponding state information systems through lock of "the electronic government".

4. In case of representation by uslugopoluchatel of incomplete document package, and also documents with the expired effective period the employee of the State corporation refuses reception of an application and issues the receipt on refusal in documents acceptance in form according to appendix 3 to these rules.

In case of documents acceptance through the State corporation the receipt on acceptance of the relevant documents is issued to uslugopoluchatel.

The created statement with document package go to the service provider through express, and (or) mail service, and (or) by means of information system.

In case of the appeal to the State corporation, day of documents acceptance rendering the state service does not enter in time, at the same time the result of rendering the state service by the service provider is provided in the State corporation a day before the termination of term of rendering the state service.

The office of the service provider performs acceptance and document registration in day of their receipt (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application and issue of result of rendering the state service is performed the next working afternoon).

Confirmation of acceptance of the service provider of document package by office is the copy of the application of uslugopoluchatel with stamp of the service provider containing date, time of acceptance and number of incoming documents with indication of surname, name, middle name (in case of its availability) person who accepted documents.

In case of representation by uslugopoluchatel of incomplete document package and (or) documents with the expired effective period the service provider refuses reception of an application.

In case of the address through the Portal to uslugopoluchatel information on the status of consideration of request for rendering the state service, and also the notification with indication of date and time of receipt of result of the state service goes to "private office".

In case of the address through the Portal the service provider within 2 (two) working days from the moment of registration of the submitted documents, checks their completeness, and in case of representation by the applicant of incomplete document package prepares motivated refusal in further review of the statement.

5. In case of representation of complete document package the head of the service provider within 1 (one) working day determines the executive in charge of the service provider (further - the executive in charge).

The executive in charge within 1 (one) working day studies documents of uslugopoluchatel and studies on reliability the specified data in the submitted documents.

In case of need conducting theological examination the executive in charge within 1 (one) working day from the moment of receipt of documents of uslugopoluchatel by means of mail service or purposely sends objects of examination to authorized body.

The term of registration stops when conducting theological examination for receipt of the conclusion on the materials provided by the missionary.

The authorized body after conducting theological examination sends to the service provider the expert opinion.

After receipt of the letter on experimental testimony from authorized body the executive in charge within 4 (four) working days creates on paper the registration certificate (re-registrations) of the missionary in form according to appendix 4 to these rules.

In case of discrepancy of uslugopoluchatel to the requirements provided by the standard of the state service according to appendix 2 to these rules, the service provider passes the decision on refusal in rendering the state service.

To Uslugopoluchatel the notification with appendix of the provisional solution on refusal in rendering the state service in time not later than 3 (three) working days before its signing goes.

Uslugopoluchatel provides objection to the provisional solution about refusal in rendering the state service no later than 2 (two) working days from the date of receipt of the notification in time.

By results of consideration of objection, in case of receipt from uslugopoluchatel, the service provider grants the registration certificate (re-registrations) of the missionary in form according to appendix 4 to these rules or motivated refusal in rendering the state service which goes to uslugopoluchatel or to the State corporation.

On the Portal the result of rendering the state service goes to "private office" of the uslugopoluchatel in electronic form signed by the EDS of the authorized person of the service provider.

Chapter 3. Procedure for appeal of decisions, actions (bezdeystviye) of the service provider and (or) his officials, concerning rendering the state services

6. Consideration of the claim to the decision, actions (failure to act) of the service provider concerning rendering the state service is made by the official, the higher authorized body performing state regulation in the sphere of religious activities, authorized body by assessment and control of quality of rendering the state services (further - the body considering the claim) according to the legislation of the Republic of Kazakhstan.

The claim is submitted to the service provider and (or) the official whose decision, action (failure to act) are appealed.

The claim of uslugopoluchatel which arrived to the service provider according to Item 2 of article 25 of the Law of the Republic of Kazakhstan "About the state services" is subject to consideration within 5 (five) working days from the date of its registration.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within 15 (fifteen) working days from the date of its registration.

The service provider, the official, whose decision, action (failure to act) are appealed, no later than 3 (three) working days from the date of receipt of the claim sends it and administrative case to the body considering the claim.

At the same time the service provider, the official whose decision, action (failure to act) are appealed, does not send the claim to the body considering the claim if he within 3 (three) working days makes the decision or other administrative action which are completely meeting the requirements specified in the claim.

If other is not provided by the law, the address with the claim to court is allowed after appeal in pre-judicial procedure.

Appendix 1

to Rules of rendering the state service "Carrying Out Registration and Re-registration of Persons Performing Missionary Activities"

form

to the service provider

____________________________

(position, surname, middle name

(in case of its availability) the official,

authorized by the service provider)

from uslugopoluchatel

____________________________

(surname, name, middle name

(in case of its availability), the address,

phone and IIN of physical person)

Registration application (re-registration) of the missionary

I ask you to register (to re-register) me as the missionary.

Address of the location (accommodation): _______________________________

Passport or identity certificate (date of issue, number, body,

the issued document) _______________________________________________

Nationality: ______________________________________________________

Belonging to religion: _________________________________

The name of religious consolidation from name, which

performs missionary activities: ________________________________

Term of missionary activities: ___________________________________

Visa effective period: ________________________________________________

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