LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 11, 2007 No. 214-III-ZRK

About licensing

Chapter 1. General provisions

Article 1. The relations regulated by this Law

1. This Law governs the relations connected with licensing of separate types of activity.

2. This Law does not govern the relations connected with issue of licenses within the license agreement concluded between physical and (or) legal entities.

Article 2. Legislation of the Republic of Kazakhstan on licensing

1. The legislation of the Republic of Kazakhstan on licensing is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 3. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) qualification requirements - set of the quantitative and high-quality standard rates and indicators characterizing capability of the applicant and licensee to be engaged in the separate licensed type of activity and (or) subspecies of the licensed type of activity;

2) single engineering procedure - set of technology interconnected and consecutive operations (works) performed in production process within one licensed type of activity;

3) automatic import licensing of separate goods - the measure established for the purpose of monitoring by means of licensing;

3-1) electronic copy of the document - the electronic document which is completely reproducing the type and data of the authentic paper document in electronic and digital form certified by the digital signature of the applicant, licensee or person having powers on the certificate of this document, or the authorized employee of service center of the population;

3-2) competent (industry) body - the state body performing management of the corresponding industry (sphere) of public administration to which the licensed type of activity belongs;

4) the licensor - the state body performing licensing according to this Law;

4-1) electronic register of the licensor - the integral Section of the state electronic register of licenses containing the data entered by the licensor about the issued, renewed, suspended, renewed and terminated licenses;

5) the licensee - the physical person or legal entity having the license;

6) the license - the permission issued by the corresponding licensor to physical person or legal entity on occupation separate type of activity;

7) the licensed type of activity (further - type of activity) type of activity (certain action (transaction, insurance classes), for occupation by which receipt of the license according to this Law is required;

8) subspecies of the licensed type of activity (further - activities subspecies) - specification of the corresponding type of activity within one license;

8-1) register of licenses - the database containing data about the issued, renewed, suspended, renewed and terminated licenses, and also branches, representations (objects, Items, sites) of the licensee performing the licensed type (subspecies) of activities;

9) it is excluded

9-1) state electronic register of licenses - the information system containing data about the issued, renewed, suspended, renewed and terminated licenses, and also branches, representations (objects, Items, sites) of the licensee performing the licensed type (subspecies) of activities which on a centralized basis create identification license number, issued by licensors;

9-2) identification license number - the unique number generated in the state electronic register of licenses according to the standard of single system of numbering and coding of administrative documents;

10) licensing - complex of the actions connected with issue and renewal of licenses, control of licensors of observance by licensees of relevant requirements, suspension and renewal of action of licenses, deprivation of licenses;

11) licensed control - the activities of the licensor directed to check of compliance of the applicant or licensee to qualification requirements before licensing and (or) appendices to the license, and also ensuring compliance by licensees with the legislation of the Republic of Kazakhstan on licensing after its issue;

11-1) electronic form of the license - the license in electronic form which is drawn up and issued with use of information technologies equivalent licenses on paper;

12) the applicant - the physical person or legal entity which filed in corresponding the licensor petition for licensing and (or) appendices to the license;

13) authorized body - the state body performing development and carrying out state policy and coordinating activities of other state bodies in the field of licensing;

14) the electronic license - the license in electronic form which is drawn up and issued with use of information technologies equivalent licenses on paper.

Article 4. Basic principles of licensing

1. Issue of licenses is performed on an equal basis and equal conditions for all persons meeting the requirements established for this type of activity.

2. Introduction of licensed procedure on separate types of activity is established for the purpose of homeland security, providing law and order, environment protection, property, life and health of citizens.

3. This Law establishes the exhaustive list of types of activity and subspecies of activities.

4. In case of inclusion in this Law of new types of activity and (or) subspecies of activities their licensing is performed after acceptance of the corresponding regulatory legal acts establishing qualification requirements.

Regulatory legal acts which the qualification requirements imposed to separate types (subspecies) of activities and the list of the documents confirming compliance to qualification requirements, and also the list of separate goods affirm export or import of which is subject to licensing, cannot be enacted before the expiration of twenty-one-day term after official publication of these acts.

5. Licensing of separate types of activity is established in cases if the requirements to products provided by the laws of the Republic of Kazakhstan, requirements for obligatory confirmation of conformity of separate types of products, processes are insufficient for goal achievement of the state administration.

6. The license is inaliennable and cannot be transferred by the licensee to other physical person or legal entity.

7. Action of licenses extends in all territory of the Republic of Kazakhstan, except as specified, provided by the laws of the Republic of Kazakhstan.

8. The types of activity entering single engineering procedure and (or) being necessary element of implementation of type of activity are not subject to licensing.

The conclusion about entry of type of activity into single engineering procedure and (or) reference it to necessary element of implementation of type of activity is provided by competent (industry) authority on the licensor's request based on the address of the applicant.

9. Implementation of separate types of activity or making of certain actions (transactions) requiring licensing is allowed only in the presence of the license, except for the activities performed by state bodies, the autonomous organizations of education and their organizations, including the foreign legal entities implementing and (or) realizing educational programs in the specified organizations and also Development bank of Kazakhstan within the powers established by the laws of the Republic of Kazakhstan.

Implementation of separate types of activity in the financial sphere and activities connected with concentration of financial resources is allowed only in the presence of the license, except for the activities which are carried out by credit partnerships, the central depositary, the single registrar, credit bureau with the state participation, societies of mutual insurance, the operator of payment gateway of "the electronic government", and also the National operator of mail within the powers established by the laws of the Republic of Kazakhstan.

Chapter 2. State system of licensing

Article 5. Structure of the state system of licensing

The state system of licensing is constituted:

1) Government of the Republic of Kazakhstan;

2) authorized body;

3) licensors.

Article 6. Competence of the Government of the Republic of Kazakhstan

Are within the competence of the Government of the Republic of Kazakhstan:

1) development of the main directions of state policy in the field of licensing, strategic and tactical measures for its implementation;

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