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ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of May 29, 2020 No. 214

About approval of Rules of rendering the state services of the Department of Energy of the Republic of Kazakhstan in the field of subsurface use

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 of the Department of Energy of the Republic of Kazakhstan "Transition of the right of subsurface use and the objects connected with the subsurface use right" according to appendix 1 to this order;

2) rules of rendering the state service of the Department of Energy of the Republic of Kazakhstan "The conclusion (signing) of contracts for subsurface use on hydrocarbons and production of uranium" according to appendix 2 to this order;

3) rules of rendering the state service of the Department of Energy of the Republic of Kazakhstan "The conclusion (signing) of supplementary agreements to contracts for subsurface use on hydrocarbons and production of uranium" according to appendix 3 to this order.

2. To provide to department of subsurface use of the Department of Energy 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 Department of Energy of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

4. This order becomes effective after twenty one calendar days after day of its first official publication.

Minister of Energy of the Republic of Kazakhstan

N. Nogayev

It is approved

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

 

It is approved

Committee of homeland security of the Republic of Kazakhstan

 

It is approved

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

 

Appendix 1

to the Order of the Minister of Energy of the Republic of Kazakhstan of May 29, 2020 No. 214

Rules of rendering the state service of the Department of Energy of the Republic of Kazakhstan "Transition of the right of subsurface use and the objects connected with the subsurface use right"

Chapter 1. General provisions

1. These rules of rendering the state service of the Department of Energy of the Republic of Kazakhstan "Transition of the right of subsurface use and the objects connected with the subsurface use right" (further - Rules) are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" (further - the Law) and determine procedure for rendering the state service of the Department of Energy of the Republic of Kazakhstan "Transition of the right of subsurface use and the objects connected with the subsurface use right" (further - the state service).

2. In these rules the following basic concepts are used:

1) the state service - one of the forms of realization of the separate state functions performed in individual procedure according to the address or without address of uslugopoluchatel and directed to realization of their rights, freedoms and legitimate interests, provision of the corresponding material or non-material benefits by it;

2) uslugopoluchatel - physical persons and legal entities, except for the central state bodies, foreign institutions of the Republic of Kazakhstan, local executive bodies of areas, the cities of republican value, the capital, areas, the cities of regional value, akims of areas in the city, the cities of district value, settlements, villages, rural districts;

3) the service provider - the central state bodies, foreign institutions of the Republic of Kazakhstan, local executive bodies of areas, cities of republican value, the capital, areas, cities of regional value, akims of areas in the city, the cities of district value, settlements, villages, rural districts, and also the physical persons and legal entities rendering the state services according to the legislation of the Republic of Kazakhstan.

Chapter 2. Procedure for rendering the state service

3. The state service appears the Department of Energy of the Republic of Kazakhstan (further - the service provider).

4. For receipt of the state service the uslugopoluchatel files the following documents through office of the service provider:

1) for transition of the right of subsurface use (share in the subsurface use right) and (or) the objects connected with the subsurface use right:

the statement for issue of permission to transition of the right of subsurface use (share in the subsurface use right) and (or) the objects connected with the subsurface use right in form, according to appendix 1 to these rules;

the documents confirming about the acquired subsurface use right (share in the subsurface use right) and (or) the objects connected with the subsurface use right;

the documents confirming financial and technical capabilities of person having intention to acquire the subsurface use right (share in the subsurface use right) and (or) the objects connected with the subsurface use right;

All documents enclosed to the application are constituted in the Kazakh and Russian languages. If the application is submitted by the foreigner or the foreign legal entity, such documents can be also constituted in other language with the annex to each document of transfer into the Kazakh and Russian languages which fidelity is certified by the notary.

2) for issue of permission to share issue and other securities which are the objects connected with the subsurface use right in the address in the organized market of securities:

the statement for issue of permission to transition of the right of subsurface use (share in the subsurface use right) and (or) the objects connected with the subsurface use right in form, according to appendix 2 to these rules;

the copy of the charter and/or other supporting documents of the data on the size of the authorized capital of the organization issuer, whose shares or other securities which are the objects connected with the subsurface use right are subject to release into the stream of commerce in the organized market of securities;

the documents confirming data on securities including derivative securities of the organization, their underlying assets or other forms of equity which are the objects connected with the subsurface use right and are subject to release into the stream of commerce in the organized market of securities;

documents, podtvezhdayushchy availability (absence) of the underwriter;

the documents confirming about the number of shares or other securities including earlier placed shares in the organized market of securities;

All documents enclosed to the application are constituted in the Kazakh and Russian languages. If the application is submitted by the foreigner or the foreign legal entity, such documents can be also constituted in other language with the annex to each document of transfer into the Kazakh and Russian languages which fidelity is certified by the notary;

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