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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

(as amended of the Order of the Minister of Energy of the Republic of Kazakhstan of 31.08.2021 No. 281)

According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "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 (or) 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 (or) 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 "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 (or) the objects connected with the subsurface use right" (further - the state service).

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

1) 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;

2) 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;

3) 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;

4) the web portal of "the electronic government" - the information system representing single window of access to all consolidated government information including the regulatory legal base, and to electronic state services.

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. The list of the main requirements to rendering the state service through the web portal of "the electronic government" including the characteristic of process, form, content and result of rendering, the basis for refusal in rendering the state service, and also other data taking into account features of rendering the state service are stated in the Standard of the state service "The standard of the state service "Transition of the Right of Subsurface Use and (or) the Objects Connected with the Subsurface Use Right" (further - the Standard) according to appendix 1 to these rules.

For receipt of the state service and (or) the objects connected with the subsurface use right uslugopoluchatel directs to the service provider through the web portal of "the electronic government", the statement according to appendix 2 to these rules with appendix of necessary documents of the these rules specified in Item 1 of the Standard to transition of the right of subsurface use (share in the subsurface use right).

The statement on 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 is filled in according to appendix 3 to these rules with appendix of necessary documents of the these rules specified in Item 8 of the Standard.

The statement for issue of permission to share issue or other securities which are the objects connected with the subsurface use right in the address in the organized market of securities in case of placement them within additional issue (release) moves the issuer according to appendix 3 to these rules.

In cases when release into the stream of commerce in the organized market of securities is made by the holder of these shares or other securities, the application is submitted by such holder.

5. According to Item 5 of article 45 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" (further - the Code), all documents enclosed to the application, specified in Item 8 of the Standard of these rules shall be constituted in the state 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 the electronic copy of transfer into the Kazakh and Russian languages which fidelity is certified by the notary.

6. In day of receipt of the statement by the service provider acceptance and readdress to the executive in charge of the service provider is performed.

7. Confirmation of acceptance of document package is award of number of the statement in the web portal of "the electronic government" and the notification on reception of an application sent to the e-mail address of the uslugopoluchatel specified in case of filing of application.

In case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays, reception of applications and issue of results of rendering the state service is performed the next working afternoon.

8. The executive in charge of the service provider checks completeness of the submitted documents within 5 (five) working days from the moment of registration of a statement;

In case of representation by uslugopoluchatel of incomplete document package the executive in charge of the service provider during the term specified in part one of this Item directs motivated refusal in further review of the statement in form, according to appendix 4 to these rules.

In case of provision by uslugopoluchatel of complete document package the executive in charge of the service provider during the term specified in part one of this Item submits them for consideration of commission of experts concerning subsurface use (further - commission of experts).

The commission of experts is advisory advisory body in case of the Service provider for the purpose of development of recommendations in case of consideration of the applications on issue of permission to transition of the right of subsurface use and (or) the objects connected with the subsurface use right.

9. If the statement on issue of permission to transition of the right of subsurface use and (or) the objects connected with the subsurface use right is submitted concerning the subsurface use right on the subsoil plot which is the strategic subsoil plot or if expected transition of the right of subsurface use and (or) the objects connected with the subsurface use right on the respective subsoil plot infringes on interests of homeland security the service provider within 5 (five) working days from the date of receipt of such statement and the documents attached to it sends them to bodies of homeland security for consideration of transition of the right of subsurface use (share in the subsurface use right) and (or) the objects connected with the subsurface use right on compliance to requirements of homeland security.

If transition of the right of subsurface use (share in the subsurface use right) and (or) the objects connected with the subsurface use right infringes on interests of homeland security, bodies of homeland security notify on it the service provider within 10 (ten) working days from the date of receipt of the statement. In this case the service provider stops consideration of the application before receipt of confirmation from bodies of homeland security about compliance of transition of the right of subsurface use (share in the subsurface use right) and (or) the objects connected with the subsurface use right, to requirements of homeland security. The service provider within 5 (five) working days from the date of receipt of the notification from bodies of homeland security informs the applicant on such suspension.

The service provider resumes consideration of the application after receipt of confirmation from bodies of homeland security.

10. The commission of experts considers the documents specified in Item 8 of the Standard of these rules, in time no more than 10 (ten) working days, and on large-scale deposits and strategic subsoil plots - no more than 40 (forty) working days.

According to Item 6 of article 45 of the Code, for the purpose of comprehensive and complete examination of the statement the service provider has the right to request the additional data and (or) documents necessary for development of recommendations from uslugopoluchatel.

In case of request of additional data and (or) documents terms of consideration of the corresponding statement stop for the period before submission of such data and (or) documents.

11. The service provider within 5 (five) working days from the date of receipt of the recommendation of commission of experts concerning subsurface use passes the positive decision according to the statement.

In case of identification the basis for refusal in rendering the state service in the bases specified in Item 9 of the Standard of these rules the service provider not later than 3 (three) working days before completion of term of rendering the state service according to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further - APPK RK) the notification on the provisional solution on refusal in rendering the state service, and also time and the venue of hearing for opportunity to express to uslugopoluchatel line item according to the provisional solution sends to uslugopoluchatel.

The procedure of hearing is carried out in compliance with article 73 APPK RK.

By results of hearing the service provider makes the following decisions:

1) is issued by 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;

2) is issued by 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;

3) is issued by motivated refusal in rendering the state service in form, according to appendix 4 to these rules in the cases specified in Item 9 of the Standard.

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