ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 4, 2023 No. 862

Some questions of the Ministry of transport 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. Reorganize Committee of transport of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan by its separation into Committee of road transport and transport control of the Ministry of transport of the Republic of Kazakhstan and Committee of rail and water transport of the Ministry of transport of the Republic of Kazakhstan.

2. Approve enclosed:

1) Regulations on the Ministry of transport of the Republic of Kazakhstan;

2) changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan.

3. Determine departments of the Ministry of transport of the Republic of Kazakhstan authorized bodies by management of the corresponding industry (sphere) of public administration concerning republican state legal entities according to appendix 1 to this resolution.

4. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix 2 to this resolution.

5. To committee of state-owned property and privatization of the Ministry of Finance of the Republic of Kazakhstan to transfer to the Ministry of transport of the Republic of Kazakhstan and its departments of right of possession and use of the state blocks of shares and shares of joint-stock companies according to appendix 3 to this resolution in the procedure established by the legislation of the Republic of Kazakhstan.

6. To the ministry of transport of the Republic of Kazakhstan to take the necessary measures following from this resolution.

7. This resolution becomes effective from the date of its signing.

Approved by the Order of the Government of the Republic of Kazakhstan of October 4, 2023 No. 862

Regulations on the Ministry of transport of the Republic of Kazakhstan

Chapter 1. General provisions

1. The ministry of transport of the Republic of Kazakhstan (further - the Ministry) is the state body of the Republic of Kazakhstan performing management in spheres railway, automobile, inland water transport; merchant shipping; in the field of use of airspace of the Republic of Kazakhstan and activities of civil and experimental aviation; natural monopolies in the field of services of air navigation and the airports; the socially significant markets in the field of services of the airports; highways.

2. The ministry has departments:

1) Committee of highways of the Ministry of transport of the Republic of Kazakhstan;

2) Committee of road transport and transport control of the Ministry of transport of the Republic of Kazakhstan;

3) Committee of civil aviation of the Ministry of transport of the Republic of Kazakhstan;

4) Committee of rail and water transport of the Ministry of transport 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 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 railway, automobile, inland water transport; merchant shipping; in the field of use of airspace of the Republic of Kazakhstan and activities of civil and experimental aviation; natural monopolies in the field of services of air navigation and the airports; the socially significant markets in the field of services of the airports; highways;

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

3) safety of transport and processes of its lifecycle for life and health of the person, the environment;

4) forming and carrying out investment, scientific and technical and social policy in the field of transport;

5) development of forecasts of needs of the state and the population in transportations;

6) protection of interests of the Republic of Kazakhstan in the field of transport;

7) creation of conditions for ensuring requirements of economy and the population of the republic in transportations, including socially important passenger traffic, and the related services;

8) use of new technologies, including information and communication technologies, the means facilitating mobility of devices and technologies, adapted for persons with disability when implementing passenger traffic;

9) training of the transport workers performing passenger traffic, to skills of communication and provision of services to persons with disability including to sign language;

10) control and supervision of observance of the rights of consumers of transport services;

11) coordination of work and implementation of function of state regulation of activities of transport complex of the Republic of Kazakhstan;

12) implementation of the state control and supervision in regulated spheres;

13) public administration in regulated spheres;

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

15) 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 violating the law 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 obligations 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) development, coordination with authorized body in the sphere of permissions and notifications and approval of regulatory legal acts about approval of qualification requirements and the list of the documents confirming compliance to them, except for qualification requirements, and the list of documents to the licensed types of activity in the sphere of gaming;

5) implementation of international cooperation in regulated spheres;

6) development and approval together with authorized body on entrepreneurship of the acts concerning criteria for evaluation of risk degree for selection of subjects (objects) of control and supervision, checking sheets, for carrying out preventive control and supervision with visit of subject (object) of control and supervision;

6-1) determination of the list of requirements from among included in checking leaf which violation attracts application of measures of rapid response, and also determination concerning specific violations of specific type of measure of rapid response with indication of effective period of this measure (if necessary);

6-2) development and approval of forms of acts of supervision in the sphere of inland water transport and merchant shipping;

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