ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 23, 2020 No. 701

Questions of the Ministry of Emergency Situations of the Republic of Kazakhstan

For the purpose of implementation of the Presidential decree of the Republic of Kazakhstan of September 9, 2020 "About formation of the Ministry of Emergency Situations of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES: No. 408

1. Approve enclosed:

1) Regulations on the Ministry of Emergency Situations of the Republic of Kazakhstan (further - the Provision);

2) changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan.

2. Rename public institutions - the territorial subdivisions and public institutions which are under authority of the Ministry of Internal Affairs of the Republic of Kazakhstan and the Ministry of the industry and infrastructure development of the Republic of Kazakhstan according to appendix 1 to this resolution.

3. To committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan to transfer to the Ministry of Emergency Situations of the Republic of Kazakhstan rights of possession also uses of the state blocks of shares and shares of the organizations according to appendix 2 to this resolution.

4. To the Ministry of Emergency Situations of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan to take the necessary measures following from this resolution.

5. This resolution becomes effective from the date of its signing.

Approved by the Order of the Government of the Republic of Kazakhstan of October 23, 2020 No. 701

Regulations on the Ministry of Emergency Situations of the Republic of Kazakhstan

Chapter 1. General provisions

1. The Ministry of Emergency Situations of the Republic of Kazakhstan (further - the Ministry) is the central executive body of the Republic of Kazakhstan performing management in spheres of the prevention and liquidation of emergency situations of natural and technogenic nature, civil defense, fire and industrial safety, forming and development of the state material reserve, ensuring functioning and further development of the state system of civil protection, the organization of the prevention and suppression of the fires.

2. The ministry has departments:

1) Committee on civil defense and military units;

2) Committee of fire service;

3) Committee on the state material reserves;

4) Committee of industrial safety;

5) Committee of the prevention of emergency situations.

3. The ministry performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

4. The ministry is legal entity in form of business of public institution, has symbols and distinctions, seals with the image of the State Emblem of the Republic of Kazakhstan and stamps with the name in state language, forms of the established sample, accounts in bodies of treasury according to the legislation of the Republic of Kazakhstan.

5. The ministry enters the civil relations from own name.

6. The ministry has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

7. The ministry of questions of the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the Minister of Emergency Situations of the Republic of Kazakhstan and other acts, stipulated by the legislation the Republic of Kazakhstan.

8. The structure and limit of the number of staff of the Ministry affirm according to the legislation of the Republic of Kazakhstan.

9. Location of the legal entity: The city of Astana, Esilsky district, Prospekt Mang_l_k ate 010000,, the house 8, the office building "The house of the ministries", 2 entrance.

10. No. 55 is excluded according to the Order of the Government of the Republic of Kazakhstan of 07.02.2022

11. This Provision is the constituent document of the Ministry.

12. Financing of activities of the Ministry is performed from the republican budget.

13. The ministry is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are powers of the Ministry.

If the Ministry by legal acts is granted the right to perform the activities which are bringing in incomes, then the gained income goes to the government budget if other is not established by the legislation of the Republic of Kazakhstan.

Chapter 2. Tasks and powers of state body

14. No. 55 is excluded according to the Order of the Government of the Republic of Kazakhstan of 07.02.2022

15. Tasks:

1) prevention and liquidation of emergency situations of natural and technogenic nature;

2) organization and conducting actions of civil defense;

3) ensuring fire and industrial safety;

4) forming and development of the state material reserve;

5) functioning and further development of the state system of civil protection;

6) cross-industry coordination in the sphere of civil protection.

15-1. Powers:

1) rights:

request information from state bodies and the organizations, from officials and citizens;

within the competence independently to make decisions on the questions which are not carried to competence of the Government of the Republic of Kazakhstan;

adopt the regulatory legal acts obligatory for execution, and instructive-methodological documents within the competence;

make offers on development of regulatory legal acts or submit to authorized bodies initiative drafts of such acts;

make offers in the central and local executive bodies on cancellation or change of the acts adopted by them;

employ specialists of state bodies and other organizations, and also foreign and local experts and specialists when implementing of the functions assigned to the Ministry;

take a legal action;

create advisory and consultative and commissions of experts within the competence;

request and receive information, necessary for implementation of ministerial procedure, in the procedure established by the legislation of the Republic of Kazakhstan;

render assistance in limits of the competence to administrative authorities, officials in the cases provided by the Administrative procedural Procedure Code of the Republic of Kazakhstan;

2) obligations:

keep financial accounting and create the financial reporting;

not disclose information, component the commercial, office, protected by the Law other secret received when implementing the powers, except as specified, established by the laws of the Republic of Kazakhstan;

accept and register addresses, promote their registration and the documents attached to them, give opportunity to eliminate formal errors and to supplement the enclosed documents;

explain to the participant of ministerial procedure of its right and obligation on the questions connected with implementation of ministerial procedure;

to beforehand notify the participant of ministerial procedure on the place, date and time of the spent hearing;

hear the participant of ministerial procedure before decision making on ministerial procedure, except as specified, provided by the Administrative procedural Procedure Code of the Republic of Kazakhstan;

bring the administrative act to the attention of the participant of ministerial procedure or their representatives according to the procedure, established by the Administrative procedural Procedure Code of the Republic of Kazakhstan;

refuse realization of the rights of the participant of ministerial procedure in cases and on the bases which are established by the Administrative procedural Procedure Code of the Republic of Kazakhstan;

keep departmental account of number of checks of subjects (objects) of control and supervision, and also the revealed violations according to checking sheets and the measures of administrative influence taken to them.

The ministry can also perform other powers, stipulated by the legislation the Republic of Kazakhstan.

16. Functions:

1) develops the main directions and provides realization of state policy in the sphere of civil protection;

2) is provided by functioning and further development of the state system of civil protection;

3) is performed by international cooperation in the sphere of civil protection;

4) makes offers on the conclusion of international treaties (agreements), holds negotiations with the relevant departments of foreign countries, the international organizations and foreign legal entities, signs contracts (agreements);

5) participates in humanitarian assistance to foreign countries;

6) makes suggestions for improvement of system of homeland security within the competence;

7) brings to the President and in the Government of the Republic of Kazakhstan suggestions for improvement of activities in the spheres regulated by the Ministry;

8) develops action plans on liquidation of emergency situations of global and regional scales and submits them for approval in the Government of the Republic of Kazakhstan;

9) is developed by the plan of civil defense of the Republic of Kazakhstan which is component of the plan of defense of the Republic of Kazakhstan and represents it to the Ministry of Defence of the Republic of Kazakhstan;

10) develops plans of civil defense of areas, cities, areas and submits them for approval to the corresponding chiefs of civil defense;

11) makes within the competence decisions concerning preparation and conducting civil defense, obligatory for execution by the central and local executive bodies, organizations and citizens;

12) provides combat and mobilization readiness of territorial subdivisions of authorized body, military units of civil defense and divisions of the public fire service;

13) is approved by complex of actions for increase in stability of functioning of subjects to managing and to safety in emergency situations;

14) is provided by activities of forces of civil protection;

15) directs forces of civil protection under the organization and holding actions of civil protection;

Develops 16) and approves the actions plan on preparation of governing bodies and forces of civil protection;

Allocates 17) and uses appliances of operational reserve;

18) gives emergency medical and psychological help to the population which is in zone of emergency situation of natural and technogenic nature provides preserving, recovery and rehabilitation of health of participants of liquidation of emergency situations;

19) is provided by informing and the notification of the population, governing bodies of civil protection beforehand in the presence of the forecast about threat of emergence of emergency situation and (or) quickly in case of emergency situation;

Creates 20) and provides permanent readiness for immediate use of the republican warning system, its equipment and development;

21) coordinates work of the central and local executive bodies, scientific organizations and public associations in the sphere of civil protection;

22) approves regulations on republican services of civil protection;

23) is approved by amount and content of technical actions of civil defense;

24) makes offers in the Government of the Republic of Kazakhstan on use of the inventories of material, food, medical and other resources which are available as a part of the state and mobilization reserves, about use of means from reserve of the Government of the Republic of Kazakhstan for the prevention, liquidation of emergency situations and their consequences;

25) is coordinated by activities for the organization of interaction of information and communication networks and the automated monitoring systems of state bodies, their territorial subdivisions, local executive bodies, the legal entities operating objects with mass stay of people, hazardous production facilities with single service "112" on duty and dispatching;

25-1) determines the single operator by provision of helicopter services;

26) will mobilize material resources of the organizations in case of liquidation of emergency situations according to the current legislation;

Creates 27) and uses inventories of material resources;

28) determines structure of plans of civil defense and action plans by liquidation of emergency situations;

Develops 29) and approves regulations of the minimum life support of the population which is in zone of emergency situations;

29-1) establishes procedure for use for rescuing of people, in urgent cases, of means of communication, transport, property and other appliances of the organizations which are in zones of emergency situations;

30) allocates based on the order of the Prime Minister of the Republic of Kazakhstan funds from reserve of the Government of the Republic of Kazakhstan for life support of the population in case of liquidation of emergency situations of natural and technogenic nature according to the procedure, determined by the Government of the Republic of Kazakhstan;

31) is performed by consideration of draft documents on standardization within competence, and also preparation of offers on development, modification, review and cancellation of national, interstate standards, national qualifiers of technical and economic information and recommendations about standardization for entering into authorized body in the sphere of standardization;

32) approves storage precautions, accounting, write-off and utilization of property of civil defense;

33) approves rules of registration and removal from accounting of protective constructions of civil defense;

34) approves the training program of executive training, specialists of governing bodies and forces of civil protection, training of the population in methods of protection and to actions in case of emergency situations and the military conflicts or owing to these conflicts;

35) approves form of the certificate of the single sample issued to the listeners who had training or retraining in the sphere of civil protection;

36) approves rules of operating, movement, use, replenishment of material values of operational reserve of authorized body in the sphere of civil protection;

36-1) determines the nomenclature and amount of material values of operational reserve of authorized body in the sphere of civil protection;

37) approves the program of training of rescuers of rescue services and forming;

38) establishes samples of special uniform for employees and other employees of bodies of civil protection and the state companies subordinated to the Ministry;

39) approves qualification requirements to specialized training centers in the field of fire safety on preparation, retraining and advanced training of specialists of non-state fire services;

40) approves the courses program of training in special training of specialists of non-state fire services, and also sample of the certificate on their termination;

41) approves the training program of initial training of voluntary firefighters;

42) approves requirements imposed to compliance of the state of health and performing medical examination of rescuers;

43) approves methodical recommendations in the sphere of civil protection;

44) will be organized by interaction with the state bodies, the organizations for exchange of information about threat and emergence of emergency situations of natural and technogenic nature from monitoring systems including using earth remote-sensing instruments;

45) will be organized by interaction and the analysis of the taken measures by state bodies for the prevention of emergency situations of technogenic nature;

46) will be organized by monitoring of torrential and avalanche situation;

Approves 47) and performs preventive actions for decrease in danger of hillsides, mountain, thin and glacial lakes;

Develops 48) and performs actions for providing the mode of privacy and the protected communication;

49) approves rules of certification and recertification of rescuers;

50) is approved by procedure for training of employees of the organizations and the population in measures of fire safety and the requirement to contents of training programs for training in measures of fire safety;

51) approves rules of the organization and activities of the state system of civil protection;

52) approves rules of the organization of the warning system of civil protection and the rule of the notification of the population, state bodies in case of emergency situations in peace and wartime;

52-1) develops and approves rules of use of networks of TV and radio broadcasting for the notification of the population about threat of life, to human health and operations procedure in the developed situation in case of emergency situations of natural and technogenic nature, and also for the benefit of defense, homeland security and protection of law and order;

53) approves rules of acquisition, creation and use of property of civil defense;

54) approves safety rules on reservoirs;

55) approves rules of implementation of activities of non-state fire services;

55-1) approves the list of the organizations and objects on which the non-state fire service is without fail created;

56) approves rules of creation, content, material logistics, preparation and attraction of forming of civil protection;

57) approves rules of implementation of the state accounting of emergency situations of natural and technogenic nature;

58) approves rules of the organization and conducting actions of civil defense;

59) approves translation rules of civil protection with peace on warlike situation, holding evacuation actions;

60) approves rules of application of military units of civil defense in peace time;

60-1) develops and approves rules of reduction of military units of civil defense in degree of combat readiness when translating with peace on wartime;

60-2) develops and approves rules of reduction of military units of civil defense in the functioning modes;

60-3) develops and approves rules on the organization of service of headquarters of military units of civil defense;

60-4) develops and approves rules on the organization of combat training in military units of civil defense;

60-5) develops and approves the instruction for carrying out rescue and urgent works by military units of civil defense;

60-6) develops and approves the instruction on the organization of service of troops in military units of civil defense;

60-7) develops and approves rules on the organization of communication in bodies of civil protection;

60-8) develops and approves rules of activities of grounds and training centers of military units of civil defense;

60-9) develops and approves the instruction on the organization of accounting, operation and storage of the rescue tool, equipment, equipment and regimentals in military units of civil defense;

60-10) develops and approves the instruction on the organization of accounting, operation and storage of means of individual armored protection, active defense, engineering property and technical means of protection in military units of civil defense;

60-11) develops and approves the instruction on the organization of accounting, operation and storage of means of radiation, chemical and biological protection in military units of civil defense;

60-12) approves the instruction on the organization and ensuring radiation, chemical and biological protection of bodies of civil protection;

60-13) develops and approves rules on the organization of activities of health service in military units of civil defense;

60-14) develops and approves storage precautions, issues, transportations of weapon and ammunition to it in military units of civil defense;

60-15) develops and approves rules on the organization of activities of automobile service in military units of civil defense;

60-16) develops and approves rules on the organization of activities of room and operational and fire service in military units of civil defense;

60-17) develops and approves rules on the organization of activities of ware service in military units of civil defense;

60-18) develops and approves rules on the organization of activities of food service in military units of civil defense;

60-19) develops and approves rules on the organization of activities of service of fuels and lubricants in military units of civil defense;

60-20) develops and approves the instruction for maintaining army economy in military units of civil defense;

60-21) develops and approves rules of assignment to military units of civil defense of the valid and code names;".

61) approves rules of calculation of years of service to rescuers of professional rescue services and forming for payments of percentage length-of-service allowances;

62) approves rules of payment of allowances for classiness to rescuers of rescue services and forming;

63) approves rules of informing, promotion of knowledge, training of the population and specialists in the sphere of civil protection;

64) approves rules of investigation of accidents, disasters, the catastrophic crashes which led to emergence of emergency situations;

65) approves the qualification requirements imposed to rescue services and forming;

66) approves the allowing requirements imposed to non-state fire services;

67) approves rules of creation by local executive bodies of fire posts, their material equipment in settlements in which there are no divisions of the public fire service;

67-1) develops and approves the list of especially important objects of state-owned property protected by the public fire service from the fires;

68) approves rules of suppression of the steppe fires, and also fires in settlements in which there are no divisions of the public fire service;

69) approves rules of coordination of activities of persons on duty of dispatching services and power of single service "112" on duty and dispatching in the territory of the Republic of Kazakhstan;

70) approves safety rules when carrying out diving works;

71) approves standard rates of number of the employees performing functions according to the prevention and liquidation of emergency situations of natural and technogenic nature, rendering emergency medical and psychological assistance to the population, the staff of bodies of the public fire service;

71-1) develops and approves rules of medical and psychological recovery of staff of bodies of civil protection based on medical institutions and the rehabilitation centers;

Develops 72), claims, cancels, stops technical regulations, and also makes changes and (or) additions to technical regulations on the questions entering competence in coordination with authorized body in the field of technical regulation;

73) creates advisory councils in the field of technical regulation;

74) is approved by structure of advisory councils in the field of technical regulation and regulations on them;

Develops 75) and performs actions plans on implementation of technical regulations, including the Eurasian Economic Union;

76) prepares offers on creation, upgrade and equipment of bodies for confirmation of conformity and laboratories on products which are subject to obligatory confirmation of conformity;

77) participates in work on inclusion or exception of conformity assessment bodies in national part (from national part) the unified register of conformity assessment bodies of the Eurasian Economic Union;

Prepares 78) and brings in authorized body in the field of technical regulation according to the procedure, established by the legislation of the Republic of Kazakhstan, the offer on development of technical regulations or changes and (or) amendments in technical regulations;

Approves 79) in coordination with the central authorized body on budgetary planning of regulation of providing rescuers with food in case of watch execution, and also during rescue and urgent works with payment of expenses at the expense of the means allocated for maintenance of professional rescue services and forming;

Approves 80) in coordination with the central authorized body on budgetary planning of regulation of equipment of professional rescue services and providing film logical services;

Approves 81) in coordination with the central authorized body on budgetary planning of regulation of polozhennost of uniform and special regimentals of the employees performing functions according to the prevention and liquidation of emergency situations of natural and technogenic nature, rendering emergency medical and psychological assistance to the population, the staff of bodies of the public fire service;

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