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

of April 13, 2023 No. 137

About approval of Rules of determination of regional operators of distribution of oil products to agricultural works, and also Rules of forming and distribution of amounts of oil products for producers of agricultural products during the periods of spring and field and harvest works

According to subitem 3-1) of item 4 of article 9 of the Law of the Republic of Kazakhstan "About state regulation of production and turnover of separate types of oil products" PRIKAZYVAYU:

1. Approve:

1) Rules of determination of regional operators of distribution of oil products to agricultural works according to appendix 1 to this order;

2) Rules of forming and distribution of amounts of oil products for producers of agricultural products during the periods of spring and field and harvest works according to appendix 2 to this order.

2. To provide to department of agriculture of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

1) the 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 Agriculture of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

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

Appendix 1

to the Order of the acting minister of agricultural industry of the Republic of Kazakhstan of April 13, 2023 No. 137

Rules of determination of regional operators of distribution of oil products to agricultural works

Chapter 1. General provisions

1. These rules of determination of regional operators of distribution of oil products to agricultural works (further – Rules) are developed according to subitem 3-1) of item 4 of article 9 of the Law of the Republic of Kazakhstan "About state regulation of production and turnover of separate types of oil products" (further – the Law) and determine procedure for determination of regional operators of distribution of oil products to agricultural works.

2. In these rules the following basic concepts are used:

1) the producer of agricultural products – the physical person or legal entity which is engaged in production of agricultural products, and acquiring diesel fuel for carrying out spring and field and harvest works without the right of further realization, and also made the decision on acquisition of diesel fuel at resursoderzhatel independently;

2) virtual warehouse – the module of information system of electronic invoices intended for providing in the automatic mode of functioning of the mechanism of traceability of goods according to the international treaty ratified by the Republic of Kazakhstan;

3) information system of distribution of diesel fuel (further – IS) – the organizational arranged set of information and communication technologies, service personnel and technical documentation intended for rendering services in accomplishment of processes of forming and distribution of amounts of diesel fuel for producers of agricultural products;

4) the regional operator on supply of diesel fuel (further – the operator) – the physical person or legal entity determined by the commission on determination of regional operators which renders services in acquisition, delivery, storage and supply of the diesel fuel intended for producers of agricultural products;

5) diesel fuel – the separate type of oil product considered by authorized body in the field of production of oil products in plans of oil refining, in the amounts necessary for deliveries for producers of agricultural products;

6) the web portal of information system of distribution of diesel fuel (further – the web portal) – the Internet resource placed on the Internet, providing single point of access to data on forming and distribution of diesel fuel between producers of agricultural products;

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

Chapter 2. Procedure for determination of regional operators of distribution of oil products to agricultural works

Paragraph 1. Operating procedure of the commission on determination of regional operators

3. For determination of operators under local executive bodies of areas (further – MIO) create the commissions on determination of regional operators (further – the Commission). The total quantity of members of the commission constitutes odd number, at least seven people.

4. Working body of the Commission are the structural divisions of MIO performing functions in the field of agricultural industry (further – Working body).

5. The chairman and the vice-chairman of the Commission are elected from among members of the commission by a majority vote members of the commission. The secretary of the Commission is determined from number of persons employed of Working body. The secretary of the Commission is not her member.

The Commissions are included representatives of MIO, bodies of prosecutor's office (under approval), bodies for anti-corruption (under approval), public organizations, regional chamber of entrepreneurs of National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken, associations of subjects of private entrepreneurship in the field of agro-industrial complex.

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