ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 17, 2022 No. 136

About modification of the order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 994 "Questions of the Department of Energy of the Republic of Kazakhstan"

The government of the Republic of Kazakhstan DECIDES:

1. Bring in the order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 994 "Questions of the Department of Energy of the Republic of Kazakhstan" the following changes:

The regulations on the Department of Energy of the Republic of Kazakhstan approved by the specified resolution (further - the Provision) to be reworded as follows according to appendix to this resolution;

state Item 5 in the following edition:

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

2. This resolution becomes effective from the date of its signing, except for the subitem 49) of Provision Item 15 which becomes effective since January 1, 2024 according to Item 6 of article 277 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use".

Appendix

to the Order of the Government of the Republic of Kazakhstan of March 17, 2022 No. 136

Approved by the Order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 994

Regulations on the Department of Energy of the Republic of Kazakhstan

Chapter 1. General provisions

1. The Department of Energy of the Republic of Kazakhstan (further - the Ministry) is the central executive body of the Republic of Kazakhstan enabling forming and the realization of state policy, coordination of management process in spheres of the oil and gas, petrochemical industry, transportation of hydrocarbons in the field of subsurface use regarding hydrocarbons, production of uranium, state regulation of production of oil products, gas and gas supply, the bulk distribution line, power industry, heat supply regarding the combined heat and power plants and boiler rooms performing production of heat energy in zone of centralized heat supply (except autonomous boiler rooms), uses of atomic energy, ensuring radiation safety of the population, development of renewable energy resources (further - regulated spheres).

2. The ministry has department - Committee of atomic and energy supervision and control of the Department of Energy of the Republic of Kazakhstan.

3. The ministry performs the activities according to the Constitution and legal acts 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 seals with the image of the State Emblem of the Republic of Kazakhstan and stamps with the name in Kazakh, 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 head of the Ministry 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: Republic of Kazakhstan, 010000, Nour-Sultan's city, area Esil, Prospekt Kabangbai of the batyr, 19.

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

11. Financing of activities of the Ministry is performed from the republican budget according to the legislation of the Republic of Kazakhstan.

12. 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 the Ministry

13. Tasks:

1) forming and realization of state policy, enhancement of system of public administration in spheres of the oil and gas, petrochemical industry, transportation of hydrocarbons, in the field of subsurface use regarding hydrocarbons, production of uranium, state regulation of production of oil products, gas and gas supply, the bulk distribution line, power industry, heat supply regarding the combined heat and power plants and boiler rooms performing production of heat energy in zone of centralized heat supply (except autonomous boiler rooms), uses of atomic energy, ensuring radiation safety of the population, development of renewable energy resources and providing with regulatory legal acts and normative and technical documents within the competence;

2) implementation of coordination of activities of the central and local executive bodies for realization of state policy in the field of the activities referred to competence of the Ministry;

3) ensuring development of fuel and energy complex;

4) realization of state policy concerning international cooperation in the areas carried to competence of the Ministry;

5) ensuring reproduction of hydrocarbonic, uranium resources and their rational use, including sour gas;

6) ensuring realization of the competence of authority following from production sharing agreements;

7) public administration and ensuring the state control in regulated spheres;

8) implementation of other tasks assigned to the Ministry within the competence.

14. Powers:

1) rights:

adopt legal acts, obligatory for execution, within the competence;

request and receive in the procedure established by the legislation from state bodies, the organizations, their officials necessary information and materials;

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

request and receive from state bodies, officials of other organizations and physical persons information necessary for implementation of the functions assigned to the Ministry, with observance established by legal acts of the Republic of Kazakhstan of requirements to disclosure of the data which are the commercial and protected by the law other secret;

take a legal action;

involve in conducting checks and examinations of specialists from other organizations;

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

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;

make offers on the conclusion of international treaties (agreements), hold negotiations with the relevant departments of foreign countries, the international organizations and foreign legal entities, sign agreements (agreements);

keep departmental account of number of checks of the checked subjects, and also the revealed violations according to checking sheets and the measures of administrative influence taken to them;

conclude memorandums (agreements) with heads of the central and local executive bodies in regulated spheres;

2) obligations:

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 consider appeals of physical persons and legal entities according to the procedure and the terms established by the Administrative procedural Procedure Code of the Republic of Kazakhstan;

propagandize knowledge of questions in the regulated sphere;

perform other powers provided by legal acts, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

15. Functions:

1) performs strategic, regulating, realizable and control and supervising functions in regulated spheres;

2) provides forming and realization of state policy in regulated spheres;

3) approves regulatory legal acts on realization of state policy in regulated spheres;

4) is formed by public council;

5) considers recommendations of public council;

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