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ORDER OF THE MINISTER OF ECOLOGY, GEOLOGY AND NATURAL RESOURCES OF THE REPUBLIC OF KAZAKHSTAN

of June 2, 2020 No. 130

About approval of Rules of rendering the state services of environmental protection

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 Performance of Works and Rendering Services in the field of Environmental Protection", according to appendix 1 to this order;

2) Rules of rendering the state service "Licensing for Import to the Territory of the Republic of Kazakhstan from the Countries Which Are Not Entering into the Customs Union, and Export from the Territory of the Republic of Kazakhstan to These Countries of Ozone-depleting Substances and Products Containing Them", according to appendix 2 to this order;

3) Rules of rendering the state service "Issue of the Permission to Works with Use of Ozone-depleting Substances, Repair, Installation, Equipment Maintenance Containing Ozone-depleting Substances", according to appendix 3 to this order;

4) Rules of rendering the state service "Issue of Ecological Permissions for Category Objects I", according to appendix 4 to this order;

5) Rules of rendering the state service "Issue of the Conclusions of the State Environmental Assessment for Category Objects I", according to appendix 5 to this order;

6) Rules of rendering the state service "Issue of Permissions to Issues to the Environment for Objects II, III and IV of Categories", according to appendix 6 to this order;

7) Rules of rendering the state service "Issue of the Conclusions of the State Environmental Assessment for Objects II, III and IV of Categories", according to appendix 7 to this order;

8) Rules of rendering the state service "Licensing for Export and Import of Dangerous Wastes", according to appendix 8 to this order;

9) Rules of rendering the state service "Provision of Ecological Information", according to appendix 9 to this order.

2. Recognize invalid some orders of the Minister of Energy of the Republic of Kazakhstan, according to appendix 10 to this order.

3. To provide to committee of ecological regulation and control of the Ministry of ecology, geology and natural resources 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 ecology, geology and natural resources of the Republic of Kazakhstan after its official publication;

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 Ministry of ecology, geology and natural resources 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 ecology, geology and natural resources of the Republic of Kazakhstan.

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

Minister of ecology, geology and natural resources of the Republic of Kazakhstan

M. Mirzagaliyev

It is approved

Ministry of national economy 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 ecology, geology and natural resources of the Republic of Kazakhstan of June 2, 2020 No. 130

Rules of rendering the state service "Licensing for Performance of Works and Rendering Services in the field of Environmental Protection"

Chapter 1. General provisions

1. These rules of rendering the state service "Licensing for Performance of Works and Rendering Services in the field of Environmental Protection" (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 "Licensing for Performance of Works and Rendering Services in the field of Environmental Protection" (further - the state service).

2. The state service appears Committee of ecological regulation and control of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan (further - the service provider).

3. The state service appears to physical and (or) legal entities (further - uslugopoluchatel).

Chapter 2. Procedure for rendering the state service

4. For receipt of the state service the uslugopoluchatel sends to the service provider by means of the web portal of "the electronic government" www.egov.kz (further - the portal):

1) for receipt of the license and (or) appendix to the license:

the statement of physical person for receipt of the license and (or) appendix to the license in electronic form certified by the digital signature (further - the EDS) uslugopoluchatel, in form, according to appendix 1 to these rules;

the statement of the legal entity for receipt of the license and (or) appendix to the license in electronic form certified by the EDS of uslugopoluchatel in form, according to appendix 2 to these rules;

electronic form of data on compliance to qualification requirements for implementation of activities for performance of works and rendering services in the field of environmental protection in form, according to appendix 3 to these rules;

2) for renewal of the license and (or) appendix to the license:

the statement of physical person for renewal of the license and (or) appendix to the license in form, the electronic document certified by the EDS of uslugopoluchatel in electronic form certified by the EDS of uslugopoluchatel in form, according to appendix 4 to these rules;

the statement of the legal entity for renewal of the license and (or) appendix to the license in electronic form certified by the EDS of uslugopoluchatel in form, according to appendix 5 to these rules.

The list of the main requirements to rendering the state service including the characteristic of process, form, content and result of rendering, and also other data taking into account features of rendering the state service are stated in the standard of the state service "Licensing for Performance of Works and Rendering Services in the field of Environmental Protection" according to appendix 6 to these rules.

5. The office of the service provider registers statements with the enclosed documents in day of receipt on the portal and sends to the contractor of the service provider.

Data on identity documents of uslugopoluchatel, on state registration (re-registration) of the legal entity, on registration as the individual entrepreneur, payment the service provider receives the supporting document from the corresponding state information systems through lock of "the electronic government".

For receipt of the license and (or) appendix to the license:

the contractor of the service provider checks for completeness of the submitted documents specified in the subitem 1) of item 4 of these rules within 2 (two) working days from the moment of registration of a statement;

in case of establishment of incompleteness of the submitted documents and (or) documents with the expired effective period, the contractor of the service provider prepares motivated refusal in further review of the statement;

after signing by the service provider the uslugopoluchatel receives the motivated refusal signed by the EDS of the head of the service provider on the portal in personal account in electronic form;

in case establishment of completeness of the submitted documents the contractor of the service provider sends documents to territorial subdivision in the location of uslugopoluchatel for conducting check of compliance of the applicant to allowing requirements;

the territorial subdivision within 5 (five) working days performs verification of the submitted documents on compliance to requirements of the order of the Minister of Energy of the Republic of Kazakhstan of January 14, 2015 No. 6 "About approval of qualification requirements to the licensed type of activity in the field of environmental protection and the list of the documents confirming compliance to them" (it is registered in the Register of state registration of regulatory legal acts for No. 10333, it is published on March 20, 2015 in information system of law of Ad_let) and submission of the conclusion following the results;

the contractor of the service provider after receipt of the conclusion from territorial subdivision prepares within 2 (two) working days the license and (or) appendix to the license for performance of works and rendering services in the field of environmental protection, or motivated refusal in rendering the state service.

after signing by the service provider the uslugopoluchatel obtains the license and (or) appendix to the license for performance of works and rendering services in the field of environmental protection, or the motivated refusal in rendering the state service signed by the EDS of the head of the service provider on the portal in personal account in electronic form.

For renewal of the license and (or) appendix to the license:

renewal of the license and (or) appendix to the license is considered within 3 (three) working days;

the contractor of the service provider within 2 (two) working days from the moment of receipt of documents of uslugopoluchatel checks completeness of the submitted documents specified in the subitem 2) of item 4 of these rules;

in case of establishment of incompleteness of the submitted documents and (or) documents with the expired effective period, the contractor of the service provider prepares motivated refusal in further review of the statement;

after signing by the service provider the uslugopoluchatel receives the motivated refusal signed by the EDS of the head of the service provider on the portal in personal account in electronic form;

in case of establishment of completeness of the submitted documents the contractor considers them on compliance with the Law of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications" (further - the Law on RIU) and prepares the decision;

after signing by the service provider the uslugopoluchatel obtains the renewed license and (or) appendix to the license for performance of works and rendering services in the field of environmental protection, or the motivated refusal in rendering the state service signed by the EDS of the head of the service provider on the portal in personal account in electronic form.

6. The bases for refusal in rendering the state service are:

1) occupation is forbidden by type of activity for uslugopoluchatel according to the subitem 1) of Item 1 of article 32 of the Law of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications";

2) discrepancy to qualification requirements of uslugopoluchatel;

3) the license fee for the occupation right by separate types of activity, in case of filing of application on licensing by sight of activities is not brought;

4) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them;

5) concerning uslugopoluchatel there is decision (sentence) of court on prohibition of activities or the separate types of activity requiring receipt of certain state service which took legal effect;

6) concerning uslugopoluchatel there is judgment which took legal effect based on which the uslugopoluchatel is deprived of the special right connected with receipt of the state service.

7. The service provider provides entering of data into information system of monitoring of rendering the state services on stage of rendering the state service according to the procedure, established by authorized body in the field of informatization according to the subitem 11) of Item 2 of article 5 of the Law.

Chapter 3. Procedure for appeal of decisions, actions (failure to act) of service providers and (or) their officials concerning rendering the state services

8. For appeal of decisions, actions (bezdeystviye) of the service provider and (or) his officials concerning rendering the state services the claim is submitted addressed to management of the service provider to the address specified in Item 7 of appendix 6 to these rules.

The claim is submitted in writing by mail, by means of the portal or purposely through office of the service provider in the working days.

In the claim:

1) physical person - its surname, name, middle name (are entered in case of its availability) the postal address, contact telephone number;

2) the legal entity - its name, the postal address, reference number and date. The appeal is signed by uslugopoluchatel.

Confirmation of adoption of the claim is its registration (stamp, the entering number and date) in office of the service provider with indication of surname and initials of person which accepted the claim, term and the place of receipt of the answer to the made complaint.

In case of the address through the portal information on procedure for appeal can be obtained by phone Single contact center 1414, 8 800 080 7777.

When sending the claim through the portal information on the address which is updated during processing of the address by the service provider is available to uslugopoluchatel from "personal account" (mark about delivery, registration, execution, the answer about consideration or refusal in consideration).

The claim of uslugopoluchatel according to Item 2 of article 25 of the Law is subject to consideration:

the service provider who is directly rendering the state service within 5 (five) working days from the date of its registration;

authorized body by assessment and control of quality of rendering the state services within 15 (fifteen) working days from the date of its registration.

The term of consideration of the claim by the service provider, authorized body by assessment and control of quality of rendering the state services according to item 4 of article 25 of the Law is prolonged no more than for 10 (ten) working days in need cases:

1) carrying out additional studying or check according to the claim or checks with departure into place;

2) receipts of the additional information.

In case of prolongation of term of consideration of the claim the official given authority on consideration of claims within 3 (three) working days from the moment of prolongation of term of consideration of the claim reports in writing (in case of submission of the claim on paper) or electronic form (in case of submission of the claim in electronic form) to the applicant who made the complaint about prolongation of term of consideration of the claim with indication of the prolongation reasons.

9. In disagreement cases with results of the decision of the service provider the uslugopoluchatel takes a legal action according to the subitem 6) of Item 1 of article 4 of the Law.

Chapter 4. Other requirements taking into account features of rendering the state service

10. Uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access by means of portal "personal account", and also single contact center concerning rendering the state services.

11. Contact telephone numbers of service desks concerning rendering the state service: Single contact center: 1414, 8 800 080 7777.

Appendix 1

to Rules of the state service "Licensing for Performance of Works and Rendering Services in the field of Environmental Protection"

Form

The statement of physical person for receipt of the license and (or) appendix to the license

IN _____________________________________________________________________________________________

                                      (full name of the licensor)

from __________________________________________________________________________________________________

(surname, name, middle name (in case of its availability) physical person, individual identification number)

I ask to grant the license and (or) appendix to the license for implementation

_____________________________________________________________________________________________________

        (specify full name of type of activity and (or) subspecies of activities)

Residential address of __________________________________________________________ physical person

(postal index, area, city, area, settlement, name of the street, number of the house/building)

E-mail ______________________________________________________________________________

______________________________________________________________________________________ phones

__________________________________________________________________________________________ fax

Bank account ________________________________________________________________________________

                                              (account number, name and location of bank)

Address of object of implementation of activities or actions (transactions)

_____________________________________________________________________________________________________

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