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ORDER OF THE MINISTER OF DIGITAL DEVELOPMENT, INNOVATIONS AND AEROSPACE INDUSTRY OF THE REPUBLIC OF KAZAKHSTAN

of April 7, 2023 No. 138/Tax Code

About approval of Rules of accounting and maintaining the register of the hardware and software for digital mining

(as amended on 11-08-2023)

According to the subitem 12) Item 1 of article 4 of the Law of the Republic of Kazakhstan "About digital assets in the Republic of Kazakhstan" PRIKAZYVAYU:

1. Approve the enclosed Rules of accounting and maintaining the register of the hardware and software for digital mining.

2. To provide to development department of the electronic industry and the industry of digital assets of the Ministry of digital development, innovations and the aerospace industry 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 Ministry of digital development, innovations and the aerospace industry 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 Legal department of the Ministry of digital development, innovations and the aerospace industry 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 digital development, innovations and the aerospace industry of the Republic of Kazakhstan.

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

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

B. Musin

It is approved

Ministry of Finance of the Republic of Kazakhstan

 

Approved by the Order of the Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of April 7, 2023 No. 138/Tax Code

Rules of accounting and maintaining register of the hardware and software for digital mining

Chapter 1. General provisions

1. These rules of accounting and maintaining the register of the hardware and software (further – Rules) are developed for digital mining according to the subitem 12) of Item 1 of article 4 of the Law of the Republic of Kazakhstan "About digital assets in the Republic of Kazakhstan" (further – the Law) and determine accounting treatment and maintaining the register of the hardware and software for digital mining and rendering the state service "Turning on (Exception) of the Hardware and Software for Digital Mining in the Register (from the Register) the Hardware and Software for Digital Mining" (further – the state service).

2. In these rules the following concepts are applied:

1) uslugopoluchatel – physical persons and legal entities, except for the central state bodies, foreign institutions of the Republic of Kazakhstan, local executive bodies of areas, the cities of republican value, the capital, areas, the cities of regional value, akims of areas in the city, the cities of district value, settlements, villages, rural districts;

2) authorized body in the field of digital assets (further – the service provider) – the central executive body performing management and cross-industry coordination in the field of digital assets;

3) digital mayner – the individual entrepreneur or the legal entity of the Republic of Kazakhstan performing activities for digital mining;

4) the hardware and software for digital mining (further the AIC) – set of the software and the technical means jointly applied to the solution of tasks of certain type;

5) the electronic digital signature – set of electronic digital characters created by means of the electronic digital signature and confirming reliability of the electronic document, its accessory and invariance of content (further – the EDS).

3. Accounting and maintaining the register of the hardware and software for digital mining (further – the register) is performed by the service provider for the purpose of control and identification illegally performing digital mayner activities for digital mining, and also ensuring energy security of the country.

Chapter 2. Accounting treatment and maintaining the register of the hardware and software for digital mining

4. As accounting and maintaining the register it is understood:

1) entering of information about the AIC into the register;

2) updating of the register in case of change (amendment) of the data provided by applicants and also in case of exception of the AIC of the register.

5. Maintaining the register is performed in form, according to appendix 1 to these rules.

6. Accounting and maintaining the register is performed based on the submitted applications for inclusion (exception) or modification (amendments) of the register.

7. For receipt of the state service the uslugopoluchatel directs by means of object of informatization "The state E-licensing database of www.elicense.kz (further – the portal) or through office of the service provider documents in form, according to appendices 2, 3 and 4 to these rules with application of documents and the data stated in the List of the main requirements to rendering the state service according to appendix 5 to these rules (further – the List).

8. In case of delivery the uslugopoluchatel of documents in "personal account" displays the status about acceptance of request for rendering the state service, and also the notification with indication of date and time of receipt of result of rendering the state service.

In case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of applications and issue of results of rendering the state service is performed the next working afternoon.

9. The office of the service provider in day of receipt of documents performs their acceptance and registration.

In case of representation uslugopoluchately incomplete document package and (or) documents with the expired effective period, the employee of office refuses acceptance the statement.

In case of representation uslugopoluchately incomplete document package and (or) documents with the expired effective period through the portal, the worker of the service provider within 2 (two) working days from the moment of document registration directs to uslugopoluchatel motivated failure in further review applications.

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