ORDER I.O OF THE MINISTER OF ECOLOGY AND NATURAL RESOURCES OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2023 No. 105

About approval of Rules of accreditation of the specialized organizations performing resource inspections

According to the subitem 14) of Item 1 of article 9 of the Law of the Republic of Kazakhstan "About flora" I ORDER:

1. Approve the enclosed Rules of accreditation of the specialized organizations performing resource inspections.

2. To provide to committee of forestry and fauna of the Ministry of Ecology 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 and Natural Resources of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order submission to Department of legal service of the Ministry of Ecology and Natural Resources 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 Ecology and Natural Resources of the Republic of Kazakhstan.

4. This order becomes effective after sixty calendar days after day of its first official publication.

Approved by the Order of the deputy. The Minister of Ecology and Natural Resources of the Republic of Kazakhstan of March 30, 2023 No. 105

Rules of accreditation of the specialized organizations performing resource inspections

Chapter 1. General provisions

1. These rules of accreditation of the specialized organizations performing resource inspections (further – Rules) are developed according to the subitem 14) of Item 1 of article 9 of the Law of the Republic of Kazakhstan "About flora" and determine procedure for accreditation of the specialized organizations performing resource inspections.

2. For the purposes of these rules terms and their determinations in the values established by the Law of the Republic of Kazakhstan "About flora" are used.

Chapter 2. Procedure for carrying out accreditation

3. The legal entities applying for the right of carrying out resource inspections (further - the applicant) submit the following documents to office of authorized body:

1) the statement in form according to appendix 1 to these rules;

2) copy of the certificate of state registration (re-registration) of the legal entity;

3) the document confirming the property right or the right of temporary ownership and (or) use of the room;

4) the copies of documents confirming the employee's availability with professional education of the biologist.

Aggregate term of carrying out accreditation constitutes 7 (seven) working days.

4 The employee of office of authorized body performs acceptance and document registration in day of their receipt and sends to the head of authorized body which appoints the executive in charge.

In case of the address of the applicant after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application and issue of result of carrying out accreditation is performed the next working afternoon.

5. The executive in charge of authorized body from the moment of registration of the documents submitted by the applicant within 2 (two) working days checks completeness of the submitted documents and in case of factual determination of incompleteness of the submitted documents directs motivated refusal in further review of the statement.

In case of completeness of the submitted documents within 5 (five) working days checks reliability of data of the submitted documents and draws up the certificate on accreditation of the specialized organization performing resource inspections in form according to appendix 2 to these rules, or the motivated answer about refusal in carrying out accreditation.

6. The authorized body refuses accreditation on the bases, the provided subitems 1), 2), 4) and 5) of Item 2 of article 19-1 of the Law of the Republic of Kazakhstan "About the state services".

7. In case of identification of the bases for refusal in accreditation the authorized body notifies the applicant on the provisional solution about refusal in accreditation, and also time, date and the place (method) of carrying out hearing for opportunity to express to the applicant line item according to the provisional solution.

The notification on hearing goes at least in 3 (three) working days prior to completion of term of accreditation according to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan. Hearing is carried out no later than 2 (two) working days from the date of the notification.

By results of hearing the authorized body makes the decision on further review of the statement or creates motivated refusal in carrying out accreditation.

8. The certificate on accreditation of the specialized organizations performing resource inspections is issued for a period of five years.

9. The certificate on accreditation is inaliennable and is not subject to transfer to the third parties.

10. The certificate on accreditation stops the action in cases:

1) expirations of its action;

2) reorganization or liquidations of the specialized organization;

3) submissions by the applicant of the statement for voluntary cancellation of the certificate;

3) identifications of the facts of inadequate implementation of activities by authorized body.

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