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I.O'S ORDER. MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of July 14, 2020 No. 253

About approval of Criteria by determination of the operator of electronic auctions on provision of the right of subsurface use on hydrocarbons

According to Item 3 of article 94 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" I ORDER:

1. Approve the enclosed Criteria by determination of the operator of electronic auctions on provision of the right of subsurface use on hydrocarbons.

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 since September 1, 2020 and is subject to official publication.

Acting Minister

M. Zhurebekov

"Is approved"

Ministry of Finance of the Republic of Kazakhstan

 

"Is approved"

Ministry of national economy of the Republic of Kazakhstan

 

"Is approved"

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

 

Approved by the Order и.о the Minister of Energy of the Republic of Kazakhstan of July 14, 2020 No. 253

Criteria by determination of the operator of electronic auctions on provision of the right of subsurface use on hydrocarbons

1. These Criteria by determination of the operator of electronic auctions on provision of the right of subsurface use on hydrocarbons (further - Criteria) are developed for the purpose of realization of Item 3 of article 94 of the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use".

2. The operator of electronic auctions on provision of the right of subsurface use on hydrocarbons (further - the Operator) corresponds to the following Criteria:

1) the legal entity - the single owner of shares (shares in the authorized capital) which is the state;

2) lack of stay on liquidation stages, and/or bankruptcies;

3) experience of work at least 3 (three) years in the organization of carrying out the electronic biddings, electronic auctions;

4) ownership of the information system providing automation of processes of the organization and running an electronic auction, and also collection, storage, the processing and information security (further - trade system) conforming to the Requirements to trade system specified in appendix to these Criteria;

5) availability of own Internet resource in the Kazakh and Russian languages containing information (in text, graphical, audiovisual or other type) placed on the hardware and software of trade system, having the unique network address and (or) domain name and functioning on the Internet.

Appendix

to Criteria by determination of the operator of electronic auctions on provision of the right of subsurface use on subsurface use hydrocarbons on hydrocarbons

Requirements to trade system

The trade system shall conform to the following requirements:

The web and portal decision has 1);

2) uses free database management system with open source code;

The act of acceptance in commercial operation according to the legislation on informatization has 3);

The act with positive result of conformity testings to requirements of information security according to the legislation on informatization has 4);

5) has examination of engineering documentation according to the legislation on informatization;

Has 6) integration with the state systems and databases, in particular:

the state body performing management and cross-industry coordination in the field of permissions and notifications - concerning the legal entities having the licenses and/or allowing documents required by competent authority;

the state body performing state registration of legal entities and accounting registration of the branches and representations registered in the register - concerning registration data on the legal entity (branch, representation) this about affiliates of the legal entity on recognition of the legal entity by the idle legal entity or participation of his participants in the idle legal entities;

the state body performing tax administration - concerning the participants of auctions this on tax debt;

the state body performing forming of identification numbers and maintaining national registers of identification numbers - concerning physical persons;

National certification center of the Republic of Kazakhstan - concerning use by users of trade system of the digital signature when making transactions in trade system;

7) 24 (twenty four) hours a day / 7 (seven) in week except for of technical breaks function;

8) in order to avoid total or partial loss of information and violation of integrity of databases, the software of trade system is under construction so that processing of mistakes of the user, the mistakes arising in case of technical failures and database errors with issue of messages to the user in which the subsequent actions are described was provided;

9) in software of trade system there is module of control of work of programs providing such functions as:

identification (identification), authentication (authenticity confirmation) and authorization (assignment of powers) of the user;

access control to resources of trade system;

registration and the analysis of the events which are taking place in trade system;

control of integrity of resources of trade system;

10) the trade system provides observance of the equal right and access for each participant of auction to trade system. The number of participants of auction is not limited to performance or hardware-software characteristics of trade system;

11) the software of trade system does not allow to make changes to the output data created by results of auction;

12) the trade system provides maintaining the assigned number of the carried-out transaction unique automatically in register of events on trading sessions (further - the log);

13) the trade system provides logging of events, next events and data:

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