I.O'S ORDER. MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of October 29, 2024 No. 863

About approval of Rules of provision to the national companies of the right to organization of the security organizations

According to Item 3 of article 17-1 of the Law of the Republic of Kazakhstan "About security activities" I ORDER:

1. Approve the enclosed Rules of provision to the national companies of the right to organization of the security organizations.

2. To provide to department on control of security activities of the Ministry of Internal Affairs 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) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan;

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 Internal Affairs 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 deputy minister of internal affairs 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 acting minister of internal affairs of October 29, 2024 No. 863

Rules of provision to the national companies of the right to organization of the security organizations

1. These rules of provision to the national companies of the right to organization of the security organizations (further - Rules) are developed according to Item 3 of article 17-1 of the Law of the Republic of Kazakhstan "About security activities" (further - the Law).

2. The security organization is established by the National company on condition of its inclusion in the list of the national companies, the approved order of the Government of the Republic of Kazakhstan of April 6, 2011 No. 376 "About approval of the list of national managing holdings, national holdings, national companies".

3. The organization of the security organization by the national companies is performed in case of observance of the following conditions:

1) the security organization can be the affiliated organization of the national company performing other activities except security;

2) founders (participants) of the security organization are founders or officials of the national company concerning whom security services by the created organization will be rendered;

3) founder (participant) of the security organization is the national company concerning which security services by the created organization, and the legal entities affiliated with him will be rendered.

4. The organization of the security organizations by the national companies is approved previously with authorized body on control of security activities in the territory of the Republic of Kazakhstan (further - authorized body).

5. For review organizations of the security organization the national company sends to authorized body through the web portal of "the electronic government" www.egov.kz or www.elicense.kz (further - the Portal) the following documents:

1) the statement in electronic form, signed by the Digital signature (further - the EDS) uslugopoluchatel according to appendix 2 to Rules of the rendering the state service "Approval of Authorized Body on Organization of the Security Organization by the National Company" approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan of March 28, 2020 No. 261 "About approval of Rules of rendering the state services in the field of security activities" (further - the Order of the Ministry of Internal Affairs No. 261) (it is registered in the Register of state registration of regulatory legal acts for No. 20224);

2) the electronic copy of the document confirming prior consent of antimonopoly authority to creation of the security organization, including to expansion and (or) change of authorized types of activity established by the national company according to the Entrepreneurial code of the Republic of Kazakhstan;

3) copies of the constituent documents confirming the applicant's compliance to conditions, stipulated in Item 3 these rules;

4) the list of objects (the name, the location), including objects of the affiliated organizations planned to transfer under protection of the established security organization.

6. The authorized body within twenty working days from the date of provision of documents considers them according to the order of the Ministry of Internal Affairs No. 261, then directs to the national company approval to organization of the security organization or motivated refusal in electronic form, the authorized person of authorized body signed by the EDS.

The bases for refusal on organization of the security organization by the national company are:

1) discrepancy of the applicant to Item 2 of these rules;

2) establishment of unauthenticity of data in the submitted documents of the these rules specified in Item 5.

In case of refusal in organization of the security organization the national company repeatedly submits the documents specified in Item 5 of these rules in authorized body after elimination of the revealed notes.

7. After receipt of the letter approval on organization of the security organization, the national company according to Rules of rendering the state service "Licensing for the Occupation Right Security Activities", the approved order of the Ministry of Internal Affairs No. 261, addresses to territorial authority of police in place of registration for receipt of the state license for the right of implementation of security activities.

8. The procedure for appeal of decisions, actions (failure to act) of authorized body, is performed according to the Administrative procedural Procedure Code of the Republic of Kazakhstan.

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