ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 4, 2023 No. 864

Some questions of the Industry ministry and construction of the Republic of Kazakhstan

According to the Presidential decree of the Republic of Kazakhstan of September 1, 2023 "About measures for further enhancement of system of public administration of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES: No. 318

1. Approve the enclosed Regulations on the Industry ministry and constructions of the Republic of Kazakhstan.

2. To committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan to transfer in the procedure established by the legislation of the Republic of Kazakhstan to the Industry ministry and constructions of the Republic of Kazakhstan and to its departments rights of possession and uses of the state blocks of shares and shares of the organizations according to appendix to this resolution.

3. To industry ministry and constructions of the Republic of Kazakhstan to take other measures following from this resolution.

4. This resolution becomes effective from the date of its signing, except for the subitem 300) of Provision Item 15 which is effective till January 1, 2026 according to the Code of the Republic of Kazakhstan "About subsoil and subsurface use".

Approved by the Order of the Government of the Republic of Kazakhstan of October 4, 2023 No. 864

Regulations on the Industry ministry and constructions of the Republic of Kazakhstan

Chapter 1. General provisions

1. The industry ministry and constructions of the Republic of Kazakhstan (further - the Ministry) is the state body of the Republic of Kazakhstan performing management in spheres of the industry and industrial development; industries; mining and metallurgical complex; developments of intra country value; mechanical engineering; coal, chemical, easy (except conversion of skins and hair of farm animals), the woodworking and furniture industry; construction industry and production of construction materials; safety of machines and equipment; safety of chemical products according to industry orientation; control of specific goods; energy saving and increase in energy efficiency; regulations of production of precious metals and turnover of precious metals and gemstones; the primary goods containing precious metals; jewelry and other products; creations, functioning and abolition of special economic zones; public administration by subsurface use regarding solid minerals, except for uranium production; state geological studying of subsoil, reproduction of mineral resources; architectural, town-planning and construction activities; housing relations; municipal services; state regulation in the field of water supply and water disposal within settlements; power system and power industry, regarding consumption of heat and electrical energy; equity in housing construction; defense industry; participations in carrying out single military and technical policy; implementation of military and technical cooperation; in the field of forming, placement and accomplishment of the state defensive order.

2. The ministry has departments:

1) Committee of the industry of the Industry ministry and construction of the Republic of Kazakhstan;

2) Committee on cases of construction and housing and communal services of the Industry ministry and construction of the Republic of Kazakhstan;

3) Committee of the state defensive order of the Industry ministry and construction of the Republic of Kazakhstan;

4) Committee of geology of the Industry ministry and construction of the Republic of Kazakhstan.

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 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 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. Ministry location: Republic of Kazakhstan, 010000, city of Astana, area Esil, Prospekt Kabangbai of the batyr, 32/1, building "Transport Tower".

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

11. Financing of activities of the Ministry is performed from means of 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 in spheres of the industry; developments of intra country value; mining and metallurgical complex; mechanical engineering; coal, chemical, easy (except conversion of skins and hair of farm animals), the woodworking and furniture industry; construction industry and production of construction materials; safety of machines and equipment; safety of chemical products according to industry orientation; control of specific goods; energy saving and increase in energy efficiency; productions of precious metals and turnover of precious metals and gemstones; the primary goods containing precious metals; jewelry and other products; creations, functioning and abolition of special economic zones; public administration by subsurface use regarding solid minerals, except for uranium production; state geological studying of subsoil, reproduction of mineral resources; architectural, town-planning and construction activities; housing relations; municipal services; water supply and water disposal within settlements; power system and power industry, regarding consumption of heat and electrical energy; equity in housing construction; defense industry;

2) implementation of cross-industry coordination of state bodies in the field of activity carried to competence of the Ministry;

3) implementation of the state control in regulated spheres;

4) public administration in regulated spheres;

5) observance of gender balance in case of acceptance for work and promotion of employees;

6) creation of effective system of defense industry complex;

7) providing Armed Forces of the Republic of Kazakhstan, other troops and military forming, special state and law enforcement agencies of the Republic of Kazakhstan with modern goods with military (products), goods (products) of dual purpose (application), military works and military services;

8) use of scientific and technological and potential production of the organizations of defense industry complex in civil industries of the industry;

9) ensuring creation of modern types of arms, the military and special equipment for the benefit of increase and strengthening of defense capability, safety and law and order in the state;

10) support and further development of the export potential of the organizations of defense industry complex;

11) development of applied researches, developmental works and their further commercialization;

12) participation in carrying out single military and technical policy and implementation of military and technical cooperation;

13) management in the field of forming, placement and accomplishment of the state defensive order;

14) enhancement of the legislation in the field of geology and reproduction of mineral resources;

15) implementation of the state control of transactions on geological studying of subsoil, and also use of space of subsoil;

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

14. Powers:

1) rights:

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

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

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

requests and receives 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;

brings within the competence in state bodies of the offer on cancellation or change of the acts adopted by them breaking regulations of the legislation of the Republic of Kazakhstan;

concludes memorandums (agreements) with heads of the central and local executive bodies directed to achievement of resulting effects of activities in the regulated sphere;

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;

performs other powers provided by legal acts of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan;

2) obligations:

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

makes explanations and comments on application of the current legislation on the questions entering competence of the Ministry;

encourages workers, imposes authority punishments, brings workers to financial responsibility in the cases and procedure provided by the Labor code and the legislation on public service;

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

15. Functions:

1) forming and realization of state policy in regulated spheres;

2) realization of state policy in the field of the state control and supervision in regulated industries (spheres) in which the state control and supervision are exercised;

3) taking measures to development of the competition in case of realization of state policy in the corresponding industries of economy and to non-execution of the actions (failure to act) which are negatively influencing the competition;

4) implementation of international cooperation in regulated spheres;

5) development and approval together with authorized body on entrepreneurship of the acts concerning criteria for evaluation of risk degree and checking sheets;

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