ORDER OF THE MINISTER OF TOURISM AND SPORT OF THE REPUBLIC OF KAZAKHSTAN

of October 10, 2024 No. 179

About approval of Rules of filing of application about inclusion in the list of persons limited in participation in gamblings and (or) bet and also maintaining the list

According to Item 3 of article 15-1 of the Law of the Republic of Kazakhstan "About gaming" PRIKAZYVAYU:

1. Approve the enclosed Rules of filing of application about inclusion in the list of persons limited in participation in gamblings and (or) bet and also maintaining the list.

2. To provide to committee of the industry of tourism of the Ministry of tourism and sport of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within three working days after enforcement of this order to place it on Internet resource of the Ministry of tourism and sport of the Republic of Kazakhstan;

3) within three working days after execution of the actions provided by this Item, submission to Department of legal service of the Ministry of tourism and sport of the Republic of Kazakhstan of data on execution of actions.

3. To impose control of execution of this order on the supervising deputy minister of tourism and sport of the Republic of Kazakhstan.

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

Approved by the Order of the Minister of tourism and sport of the Republic of Kazakhstan of October 10, 2024 No. 179

Rules of filing of application about inclusion in the list of persons limited in participation in gamblings and (or) bet and also maintaining the list

Chapter 1. General provisions

1. These rules of filing of application about inclusion in the list of persons limited in participation in gamblings and (or) bet and also maintaining the list (further - Rules) are developed according to Item 3 of article 15-1 of the Law of the Republic of Kazakhstan "About gaming" (further - the Law) and determine procedure for filing of application about inclusion in the list of persons limited in participation in gamblings and (or) bet and also maintaining the list.

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

1) bet - the agreement based on risk signed by participants among themselves or with the organizer of gaming for the event outcome assuming prize in which they do not take part;

2) close relatives are parents (parent), children, adoptive parents (adopters), the adopted (adopted), full and not full brothers and sisters, the grandfather, the grandmother, grandsons;

3) person limited in participation in gamblings and (or) bet - physical person which owing to abuse of gamblings and (or) bet is limited to court in capacity to act, and also the citizen of the Republic of Kazakhstan who limited himself from participation in gamblings and (or) bet;

4) authorized body in the field of gaming (further - authorized body) - the state body determined by the Government of the Republic of Kazakhstan, enabling the realization of state policy and control in the field of gaming;

5) the digital signature - 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 filing of application about inclusion in the list of persons limited in participation in gamblings and (or) bet

3. The citizen of the Republic of Kazakhstan who reached twenty-one-year age can independently limit himself in participation in gamblings and (or) bet to term from six months to ten years by filing of application in authorized body about inclusion of in the list of persons limited in participation in gamblings and (or) bet.

4. The written application of the citizen of the Republic of Kazakhstan who reached twenty-one-year age for restriction of in participation in gamblings and (or) bet in form according to appendix 1 to these rules moves in authorized body by means of single platform of acceptance and processing of all addresses of citizens "e-Otinish" (further - IS "e-Otinish") or in electronic format by means of the eGov mobile mobile application.

5. The statement contains surname, name, middle name (if it is specified in the identity document), data of the identity document, restriction term in participation in gamblings and (or) bet, the personal or electronic and digital signature.

6. The submitted application is not subject to return or response.

7. The citizen who owing to abuse of gamblings, bet, puts the family in difficult financial position is limited to court in capacity to act according to the procedure, established by the Code of civil procedure of the Republic of Kazakhstan. Over it guardianship is established. Close relatives, family members based on the judgment which took legal effect about legal incapacity of the citizen file in authorized body petition for inclusion of such person in the list of persons limited in participation in gamblings and (or) bet in form according to appendix 2 to these rules.

8. Before the expiration of restriction of participation in gamblings and (or) bet the citizen of the Republic of Kazakhstan can submit the application for prolongation of restriction for term at least six months and no more than ten years, taking into account the previous requests.

9. In case of submission of the written application by means of IS "e-Otinish" the authorized body within 7 (seven) working days from the moment of registration of the written application makes the decision on inclusion or on refusal in inclusion of the citizen of the Republic of Kazakhstan in the list of persons limited in participation in gamblings and (or) bet.

In case of filing of application in electronic format by means of the eGov mobile mobile application the citizen is entered in the list of persons limited in participation in gamblings and (or) bet for the restriction term declared to them instantly after signing of the corresponding statement by the digital signature.

10. The authorized body refuses inclusion of the citizen of the Republic of Kazakhstan in the list of persons limited in participation in gamblings and (or) bet on the following bases:

1) specifying of incomplete or false information;

2) discrepancy of the submitted application to form according to appendix 1, approved by these rules, or lack of the statement;

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