ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 19, 2014 No. 994

Questions of the Department of Energy of the Republic of Kazakhstan

For the purpose of upgrade and increase in system effectiveness of public administration the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) Regulations on the Department of Energy of the Republic of Kazakhstan (further - the Provision);

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

2. Rename:

1) public institutions - territorial authorities of Committee of the state energy supervision and control of the Ministry of the industry and new technologies of the Republic of Kazakhstan according to appendix 1 to this resolution;

2) No. 479 is excluded according to the Order of the Government of the Republic of Kazakhstan of 05.07.2019.

3) the republican state companies of the Ministry of the industry and new technologies of the Republic of Kazakhstan and the Ministry of environmental protection and water resources of the Republic of Kazakhstan according to appendix 3 to this resolution.

3. To Department of Energy of the Republic of Kazakhstan in established

legislation of the Republic of Kazakhstan procedure:

1) to provide entering of the corresponding changes into production sharing agreements and other documents accompanying them directed to implementation of this resolution;

2) to take other necessary measures following from this resolution.

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

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

At the same time subitems 74), 151), 152), 420) and 432) of functions of central office of Item 16 of the Provision approved by this resolution become effective since January 1, 2020 according to the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" (further - the Code).

The subitem 42) of functions of central office of Item 16 of the Provision becomes effective since January 1, 2022 and the subitem 49) of functions of central office of Item 16 of the Provision becomes effective since January 1, 2024 according to the Code.

Subitems 263), 264), 265), 266), 267) and 268) of functions of central office of Item 16 of the Provision are effective till January 1, 2019 according to the Law of the Republic of Kazakhstan of July 11, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning power industry".

Subitems 17-1), 17-2), 159-1), 160-1, 161-1), 162-1), 350-2) and 350-3) of functions of central office of Item 16 of the Provision become effective since April 11, 2019 according to the laws of the Republic of Kazakhstan of October 5, 2018 "About standardization" and "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning ensuring unity of measurements and standardization".

Approved by the Order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 994

Regulations on the Department of Energy of the Republic of Kazakhstan

Chapter 1. General provisions

1. The Department of Energy of the Republic of Kazakhstan (further - the Ministry) is the central executive body of the Republic of Kazakhstan enabling forming and the realization of state policy, coordination of management process in spheres of the oil and gas, petrochemical industry, transportation of hydrocarbons in the field of subsurface use regarding hydrocarbons, production of uranium, state regulation of production of oil products, gas and gas supply, the bulk distribution line, power industry, heat supply regarding the combined heat and power plants and boiler rooms performing production of heat energy in zone of centralized heat supply (except autonomous boiler rooms), uses of atomic energy, ensuring radiation safety of the population, creation and functioning of the Semipalatinsk area of nuclear safety, development of renewable energy resources (further - regulated spheres).

2. The ministry has department - Committee of atomic and energy supervision and control of the Department of Energy of the Republic of Kazakhstan.

3. The ministry performs the activities according to the Constitution and legal acts 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 Kazakh, 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. Location of the legal entity: Republic of Kazakhstan, 010000, city of Astana, area Esil, Prospekt Kabangbai of the batyr, 19.

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, enhancement of system of public administration in spheres of the oil and gas, petrochemical industry, transportation of hydrocarbons, in the field of subsurface use regarding hydrocarbons, production of uranium, state regulation of production of oil products, gas and gas supply, the bulk distribution line, power industry, heat supply regarding the combined heat and power plants and boiler rooms performing production of heat energy in zone of centralized heat supply (except autonomous boiler rooms), uses of atomic energy, ensuring radiation safety of the population, creation and functioning of the Semipalatinsk area of nuclear safety, development of renewable energy resources and providing with regulatory legal acts and normative and technical documents within the competence;

2) implementation of coordination of activities of the central and local executive bodies for realization of state policy in the field of activity carried to competence of the Ministry;

3) ensuring development of fuel and energy complex;

4) realization of state policy concerning international cooperation in the areas carried to competence of the Ministry;

5) ensuring reproduction of hydrocarbonic, uranium resources and their rational use, including sour gas;

6) ensuring realization of the competence of authority following from production sharing agreements;

7) public administration and ensuring the state control in regulated spheres;

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

14. Powers:

1) rights:

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

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

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

request and receive 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;

take a legal action;

involve in conducting checks and examinations of specialists from other organizations;

bring to the President and in the Government of the Republic of Kazakhstan suggestions for improvement of activities in the spheres regulated by the Ministry;

make offers on development of regulatory legal acts or submit to authorized bodies initiative drafts of such acts;

make offers in the central and local executive bodies on cancellation or change of the acts adopted by them;

employ specialists of state bodies and other organizations, and also foreign and local experts and specialists when implementing of the functions assigned to the Ministry;

make offers on the conclusion of international treaties (agreements), hold negotiations with the relevant departments of foreign countries, the international organizations and foreign legal entities, sign contracts (agreements);

keep departmental account of number of checks of the checked subjects, and also the revealed violations according to checking sheets and the measures of administrative influence taken to them;

conclude memorandums (agreements) with heads of the central and local executive bodies in regulated spheres;

2) obligations:

not disclose information, component the commercial, office, protected by the Law other secret received when implementing the powers, except as specified, established by the laws of the Republic of Kazakhstan;

accept and consider appeals of physical persons and legal entities according to the procedure and the terms established by the Administrative procedural Procedure Code of the Republic of Kazakhstan;

propagandize knowledge of questions in the regulated sphere;

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

15. Functions:

1) performs strategic, regulating, realizable and control and supervising functions in regulated spheres;

2) provides forming and realization of state policy in regulated spheres;

3) approves regulatory legal acts on realization of state policy in regulated spheres;

4) is formed by public council;

5) considers recommendations of public council;

6) is approved by participation of members of public council in work of other working bodies under the Ministry and its departments;

7) is performed by representation as a part of public council and its working groups;

8) determines staff of representation from the Ministry as a part of the working group of public council;

9) is approved by structure of the working group of public council;

10) is approved by structure of public council;

11) is performed by organizational support of activities of public council;

12) coordinates terms of carrying out public hearings by the public council formed by the Ministry;

13) submits the report to public council about results of the work of the Ministry directed to protection of public concerns;

14) performs coordination of activities of the central and local executive bodies for realization of state policy in regulated spheres;

15) exercises control and supervision of activities of physical persons and legal entities within competence;

16) performs control and supervising functions behind activities of the central and local executive bodies for the questions relating to powers of the Ministry;

17) performs preparation of offers on development, modification, review and cancellation of national, interstate standards, national qualifiers of technical and economic information and recommendations about standardization for entering into authorized body in the sphere of standardization;

18) considers draft documents on standardization and the national plan of standardization;

Develops 19) and approves technique of forecasting of the main indicators of social and economic development of the country in regulated spheres in coordination with the central authorized body on state planning;

20) performs the regulatory legal acts, strategic and program documents directed to goal achievement and tasks in regulated spheres;

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