I.O.'S ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 17, 2014 No. 92

About approval of provisions of public institution "Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" and its territorial authorities

According to the order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 995 "Some questions of the Ministry for Investments and Development of the Republic of Kazakhstan", PRIKAZYVAYU:

1. Approve enclosed:

1) the Provision of republican public institution "Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 1 to this order;

2) the Provision of republican public institution "Inspectorate of transport control for Akmola area" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 2 to this order;

3) the Provision of republican public institution "Inspectorate of transport control for Mangystau Region" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 3 to this order;

4) the Provision of republican public institution "Inspectorate of transport control for the Aktyubinsk region" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 4 to this order;

5) the Provision of republican public institution "Inspectorate of transport control for the city of Astana" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 5 to this order;

6) the Provision of republican public institution "Inspectorate of transport control for Atyrau area" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 6 to this order;

7) the Provision of republican public institution "Inspectorate of transport control for the East Kazakhstan region" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 7 to this order;

8) Provision of republican public institution "Inspectorate of transport control for the city of Almaty" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 8 to this order;

9) the Provision of republican public institution "Inspectorate of transport control for Jambyl area" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 9 to this order;

10) the Provision of republican public institution "Inspectorate of transport control for the West Kazakhstan region" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 10 to this order;

11) the Provision of republican public institution "Inspectorate of transport control for the Karaganda region" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 11 to this order;

12) the Provision of republican public institution "Inspectorate of transport control for the Kostanay region" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 12 to this order;

13) the Provision of republican public institution "Inspectorate of transport control for Kyzylorda area" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 13 to this order;

14) the Provision of republican public institution "Inspectorate of transport control for the Pavlodar region" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 14 to this order;

15) the Provision of republican public institution "Inspectorate of transport control for the North Kazakhstan area" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 15 to this order;

16) the Provision of republican public institution "Inspectorate of transport control for Almaty region" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 16 to this order;

17) the Provision of republican public institution "Inspectorate of transport control for the Southern Kazakhstan area" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 17 to this order;

18) the Provision of republican public institution "Sea administration of the ports of Aktau and Bautino of" Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 18 to this order.

2. To committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan (Asavbayev A. A.) provide:

1) in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, the direction of the copy on official publication in mass media and information system of law of Ad_let of the republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan";

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within 10 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 for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this order.

3. I reserve control of execution of this order.

4. This order becomes effective from the date of its first official publication.

Appendix 1

to the Order of the Acting Minister of investments and development of the Republic of Kazakhstan of October 17, 2014 No. 92

Provision of republican public institution "Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan"

1. General provisions

1. Republican public institution "Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" (further – Committee) is the department of the Ministry for Investments and Development of the Republic of Kazakhstan (further – the Ministry) performing regulating, realizable and control and supervising functions within the competence, and also participating in accomplishment of strategic functions of the Ministry in the field of transport, except for air and pipeline.

The committee has territorial authorities and the organizations according to appendix to this provision.

2. The committee 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.

3. The committee is legal entity in form of business of public institution, seal and stamps with the name in state language, forms of the established sample, accounts in bodies of treasury.

4. The committee enters the civil relations on its own behalf.

5. The committee on questions of the competence makes the decisions which are drawn up by orders of the Chairman.

6. The structure and the number of staff of Committee affirms the Responsible secretary of the Ministry in coordination with the Minister of investments and development of the Republic of Kazakhstan.

7. Full name of Committee:

in state language - "Kazakstan Respublikaci Yingvestiqiyalar Ren the lady ministrliginin Kolik komiteti" respublikalyk memlekettik mekemesi;

in Russian - republican public institution "Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan".

8. Committee location: Republic of Kazakhstan, 010000, city of Astana, area Esil, Prospekt Kabangbai of the batyr, 32/1, building "Transport Tower".

9. This Provision is the constituent document of Committee.

10. Financing of activities of Committee is performed from the republican budget.

11. The committee does not enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Committee.

In case of provision to Committee of the rights on implementation of the activities which are bringing in incomes, income gained from such activities goes to the income of the republican budget.

2. Main objectives, functions, rights and obligations of Committee

12. Task:

participation in forming of state policy in the field of transport, except for air and pipeline and subsequent its realization.

Functions:

1) ensuring realization of state policy within the competence;

2)  No. 278 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.05.2017;

3) development, participation in development, coordination and approval of regulatory legal acts within the competence;

4) providing inland waterways in navigable condition and content of locks;

5) development and coordination of technical regulations and standards;

6) maintaining the register of the physical persons and legal entities which submitted the notification on the beginning of implementation of activities for production and issue of electronic cards to electronic (digital) tachographs;

7) maintaining the national database on electronic (digital) tachographs;

8)  No. 278 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.05.2017;

9)  No. 278 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.05.2017;

10) implementation of allowing control;

11)  No. 278 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.05.2017;

12)  No. 278 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.05.2017;

13) issue of the certificate on compliance to the requirements established according to the procedure of transportation of goods by road transport of the vehicles registered in the Republic of Kazakhstan, intended for perishable traffic when implementing international carriages;

14)  No. 278 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.05.2017;

15) coordination of standard rates of provision of the parcels of land according to project technical documentation and general schemes of development of railway tracks and railway stations;

16)  No. 278 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.05.2017;

17)  No. 278 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.05.2017;

18)  No. 278 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.05.2017;

19)  No. 278 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.05.2017;

20) development of checking sheets, criteria for evaluation of degree of risks and forming of lists of selective checks according to the Entrepreneurial code of the Republic of Kazakhstan;

21) acceptance based on international treaties of the Republic of Kazakhstan in the field of merchant shipping of the decision on recognition of the classification society performing engineering certification and classification of courts;

22) the conclusion of agreements with foreign classification society by determination of powers on survey of courts and conditions of their provision by foreign classification societies;

13. Task:

creation of conditions for ensuring requirements of economy of the republic and the population in transportations, performance of works and rendering services, and also further development of transportations and infrastructure of transport, except for air and pipeline.

Functions:

1) coordination of construction in the action area of means of navigation situation of maritime routes;

2) implementation of navigation and hydrographic providing conditions of navigation of vessels on inland waterways, except for sites of border area of the Republic of Kazakhstan;

3) approval of routes and schedules of movement on regular long-distance interregional motor transportations of passengers and baggage in coordination with local executive bodies of the respective areas, cities of republican value, the capital;

4) implementation of the organization of regular international motor transportations of passengers and baggage, coordination of the schedule of movement along routes of the specified transportations;

5) implementation of maintaining registers of routes of regular international and long-distance interregional motor transportations of passengers and baggage;

6) implementation of information collection about use of transit potential, accounting of traffic load of vehicles, the organization and implementation of transfer of accumulated information in the form of reporting documents of the established form;

7) implementation of management of activities of the subordinated organizations for planning and holding actions for ensuring national security;

8) ensuring compliance with the laws and other regulatory legal acts in the field of homeland security.

14. Task:

protection of the rights and legitimate interests of physical persons and legal entities, and also national interests of the state, and also creation of conditions for competition development, including in the field of international carriages.

Functions:

1) performing parity exchange with competent authorities of foreign states of forms of allowing documents;

2) issue of permissions to driving through the territory of foreign state to carriers of the Republic of Kazakhstan according to the international treaties ratified by the Republic of Kazakhstan;

3) issue of special permissions to driving of domestic and foreign large-size and (or) heavy vehicles through the territory of the Republic of Kazakhstan;

4) implementation of international cooperation within the competence;

5) ensuring consumer protection when rendering the state services;

6) registration of temporary entrance of foreign vehicles;

7) ensuring interaction of the state with public associations and associations of legal entities in the form of associations (unions) in the sphere of road transport;

8) decision making about provision of the right of swimming under National flag of the Republic of Kazakhstan and temporary transfer of the vessel under flag of foreign state;

9) issue of permission to implementation of cabotage and other activities connected with the merchant shipping, courts floating under the flag of foreign state;

10) certification about the admission to implementation of the international motor transportations of freights and cards of the admission on vehicles;

11) issue of permissions to driving through the territory of the Republic of Kazakhstan to carriers of foreign state according to the international treaties ratified by the Republic of Kazakhstan;

12) issue of the special authority for the move of dangerous goods on the territory of the Republic of Kazakhstan.

15. Task:

control of ensuring safe operation and activities on all modes of transport, except for air and pipeline.

Functions:

1) control of the service centers (masterful);

2) implementation of interaction with state bodies of the Republic of Kazakhstan concerning safety on road transport and highways;

3) implementation of checks of observance of safety requirements of movement on main, station and sidings;

4) control and supervision of safety of navigation and navigation;

5)  No. 278 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.05.2017;

6)  No. 278 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.05.2017;

7) implementation of suspension and the termination of operation of objects of the high-level railway system, railway tracks and railway vehicles which condition does not meet the established safety requirements of movement and environmental protection;

8) forming of statistical information on violations of safety requirements of movement;

9)  No. 278 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.05.2017;

10)  No. 278 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.05.2017;

11)  No. 278 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.05.2017;

12) involvement of the corresponding specialists for participation in examinations in the questions carried to the competence;

13) control of safety of the navigation performed through sea port administration;

14) control and supervision of proper maintenance of navigable waterways and aids to navigation;

15) control and supervision of safe operation of port installations;

16) control of safety of movement on rail transport, including on the main, station and access railway tracks;

17) implementation of the termination of railway service on the railway tracks which are state-owned property;

18) decision making about the termination of further operation of siding and renewal of operation of siding;

19)  No. 278 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.05.2017;

20) control and supervision in the field of inland water transport;

21) carrying out audit of safety management system of the participant of transportation process, except for users of services in transportation and operators of cars (containers), according to the procedure, established by Safety rules on rail transport, approved by the order of the Minister;

22) participation in investigation of the crashes, accidents on rail transport in the territory of the Republic of Kazakhstan.

16. Task:

control of activities, and also of observance of requirements of the legislation by legal entities and physical persons in the field of transport, except for air and pipeline.

Functions:

1) implementation of the state control and supervision of observance of requirements of the laws of the Republic of Kazakhstan by physical persons and legal entities and the orders of the Government of the Republic of Kazakhstan determining procedure for functioning of water transport, identification and taking measures to suppression of their violations;

2) ensuring compliance with the laws and other regulatory legal acts of the Republic of Kazakhstan within the competence in protection of the state secrets, civil defense, mobilization preparation and mobilization;

3) maintaining register of operators of technical inspection;

4) implementation of state registration of courts, including small size vessels, rights to them, issue of the relevant ship's papers, maintaining the State ship register, ship book and register of leased foreign vessels;

5) verification of presence of the transportation agreement when implementing irregular motor transportations of passengers and baggage in the intra republican message;

6) control of state registration of railway rolling stock;

7) control of compliance with law of the Republic of Kazakhstan about road transport;

8) control of driving of vehicles through the territory of the Republic of Kazakhstan on posts of transport control, highways public, highways within borders of the cities or other settlements;

9) control and supervision of observance of procedure for technical operation, charters of service in courts;

10) control and supervision of accomplishment by the shipowners, members of crews of vessel, physical persons and legal entities performing navigation on inland waterways, requirements of safety of operation of courts according to the legislation of the Republic of Kazakhstan on inland water transport;

11) creation within the competence of acts by results of checks and introduction of instructions about elimination of the revealed violations of the law of the Republic of Kazakhstan, standards and regulations determining procedure for functioning of water transport;

12) identification and suppression of implementation by foreign carriers of cabotage transportations on the territory of the Republic of Kazakhstan;

13) control and supervision of observance of procedure for in-land navigation by physical persons and legal entities;

14) implementation of the state control and supervision of the conclusion by carrier of the agreement of compulsory insurance of civil responsibility of carrier to passengers;

15) discharge from management of boatmasters of the small size vessels which are in condition alcoholic narcotic both inhalant intoxication, and the direction them on medical examination;

16) creation of protocols, hearing of cases about administrative offenses and imposing of administrative punishments according to the procedure, established by the Code of the Republic of Kazakhstan about administrative offenses;

17) control of carrying out surveys by territorial subdivisions of authorized body of the ocean ships which are in operation on winter sediment;

18) control of observance of requirements imposed to completing of crew of the vessel;

19) implementation of verifications of presence of ship's papers on the vessel;

20) implementation according to the procedure and cases, stipulated by the legislation Republic of Kazakhstan, administrative detention of ocean and small size vessels, performing examination of ocean and small size vessels;

21) control of driving of vehicles through the territory of the Republic of Kazakhstan, including observance by domestic and foreign carriers of the admissible dimensional and weight parameters of vehicles set to the territories of the Republic of Kazakhstan;

22) implementation within the competence of carrying out survey of the territories, rooms, goods, other property belonging to the legal entity and also verifications of the relevant documents;

23) identification of the facts of entrance of foreign vehicles on the territory of the Republic of Kazakhstan through unspecified check points;

24) control of execution of requirements of authorization system under the organization of the international motor transportations in the territory of the Republic of Kazakhstan according to the international treaties ratified by the Republic of Kazakhstan;

25)  No. 278 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.05.2017;

26) control of observance by carriers of requirements to the railway vehicles which are carrying out perishable traffics in the international message;

27) control of observance of procedure for transportations of passengers and freights, including dangerous goods;

28) creation within the competence of acts by results of checks and introduction of the instruction about elimination of the revealed violations of requirements of the laws of the Republic of Kazakhstan and other regulatory legal acts, standards and regulations determining procedure for functioning of transport;

29) withdrawal of the documents, goods, other property and objects belonging to the legal entity, which were the tool of making or direct object of administrative offense, found on the place of making of administrative offense or when carrying out survey of the territories, rooms, vehicles, goods, other property and objects belonging to the legal entity;

30) check of activities of the physical persons and legal entities performing transportation and other activities on water transport regarding observance of the legislation of the Republic of Kazakhstan by them;

31) entering into state bodies of offers on measures for the prevention of emergency cases and transport incidents, violations of method of operation of water transport;

32)  No. 278 is excluded according to the Order of the Minister of investments and development of the Republic of Kazakhstan of 18.05.2017;

33) implementation of the state control of observance of procedure for carrying out obligatory technical inspection of motorized vehicles and trail cars to them operators of technical inspection;

34) control of observance by physical persons and legal entities of the regulatory legal acts, international treaties of the Republic of Kazakhstan determining procedure for functioning of transport, identification and taking measures to suppression of their violations;

35) implementation of the organization of safety of navigation, control of observance of legal acts of the Republic of Kazakhstan by physical persons and legal entities and other regulatory legal acts determining procedure for functioning of inland water transport;

36) monitoring procedure behind observance of Rules of transportations of passengers, baggage and cargo baggage in the passenger trains going on the territory of the Republic of Kazakhstan along the line;

37) implementation of check of activities of the physical persons and legal entities performing transportation and other activities on rail transport regarding observance by them:

contents of station and main ways of railway system and railroad side tracks, contents, operation and repair of railway vehicles;

Rules of transportations of passengers, baggage and cargo baggage, and also Rules of transportation of goods;

contents, operation and repair of the technical means aimed at safety of movement on rail transport and also artificial constructions and railway crossings.

17. The committee performs other powers provided by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, the Government and orders of the Minister of the Republic of Kazakhstan.

18. Rights and obligations of Committee:

Committee:

1) issues orders within the competence;

Requests 2) and receives (reports, materials) from structural divisions of the Ministry and territorial authorities of Committee, state bodies, the organizations, their officials, physical persons and legal entities, necessary information and materials;

3) makes suggestions for improvement of the legislation of the Republic of Kazakhstan;

4) holds meetings, seminars, conferences, round tables, tenders and other actions for the questions entering competence of Committee;

5) makes offers on creation of advisory advisory bodies (working groups, the commissions, councils) on the supervised activities;

6) involves the corresponding experts to participation in examinations in the questions carried to the competence;

7) takes part in conducting checks of the physical persons and legal entities performing the activities on transport by territorial authorities of Committee;

8) makes offers in state bodies on the prevention of transport incidents, violations of method of operation and content of transport;

9) participates in implementation of transport control of vehicles on posts of transport control;

10) is checked by execution of contractual commitments and adopts acts of the rendered services;

11) uses special technical means of communication, special transport, and also uses staff, whistle and barrier during the work on posts of transport control;

12) demands from territorial authorities of Committee of timely and exact execution of orders and orders of the Ministry and Committee;

13) performs other rights provided by the current legislation of the Republic of Kazakhstan.

Belongs to duties of Committee:

1) ensuring realization of the tasks and functions assigned to Committee;

2) compliance with law of the Republic of Kazakhstan, it is right and protected by the law of interests of physical persons and legal entities;

3) preparation of explanations on the questions entering competence of Committee;

4) submission of required materials and references within the competence and within the legislation in case of official request for it by structural divisions of the Ministry and state bodies;

5) ensuring safety of the state-owned property which is on balance of Committee;

6) conducting financial accounting;

7) creation and provision of the accounting and financial reporting in the Ministry;

8) providing complete, timely and effective use of the budgetary funds allocated to Committee;

9) holding procedure of public procurements according to the Law of the Republic of Kazakhstan "About public procurements".

3. Organization of activities of Committee

19. The committee and its territorial authorities form single system of bodies of transport control.

20. The committee is headed by the Chairman appointed to position and dismissed by the Minister of investments and development of the Republic of Kazakhstan.

21. The chairman has the deputies appointed to position and dismissed by the Responsible secretary of the Ministry.

22. The staff of Committee can wear office uniform, have number breastplates and official IDs.

23. The chairman of Committee represents to management of the Ministry of the offer on structure and the staff list of Committee.

24. The chairman of Committee performs the common directorship of activities of Committee and bears the personal responsibility for accomplishment of the tasks assigned to Committee and implementation of the functions by it.

25. For this purpose Chairman:

1) determines powers and obligations of the deputies, workers and heads of territorial authorities of Committee;

2) appoints to positions and dismisses employees of Committee;

3) resolves issues of sending, provision of leaves, rendering financial support, preparation (retraining), advanced training, encouragement, payment of allowances and awarding, and also disciplinary responsibility of employees of Committee;

4) represents the interests of Committee in state bodies and other organizations;

5) approves provisions about structural divisions of Committee;

6) bears the personal responsibility for implementation of republican budget programs according to which the Committee is responsible;

Represents 7) to the Responsible secretary of the Ministry for Investments and Development of the Republic of Kazakhstan to appointment, dismissal, encouragement, rendering financial support and punishment of the deputies, heads of territorial authorities of Committee;

8) represents to the Responsible secretary of the Ministry for Investments and Development of the Republic of Kazakhstan offers on structure and the number of staff of Committee and its territorial authorities;

9) makes decisions on other questions carried to its competence.

Execution of powers of the Chairman of Committee in the period of its absence is performed by person replacing it according to the current legislation.

4. Property of Committee

26. The committee has the isolated property on the right of operational management.

The property of Committee is created at the expense of the property transferred to it by the state and also other property which cost is reflected in balance of Committee.

27. The property assigned to Committee belongs to republican property.

28. The committee independently does not alienate or to dispose otherwise of the property assigned to it if other is not established by the laws of the Republic of Kazakhstan.

5. Reorganization and liquidation of Committee

29. Reorganization and liquidation of Committee are performed according to the civil legislation of the Republic of Kazakhstan.

Appendix

to the Provision of republican public institution "Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan"

The list of the territorial authorities which are under authority of republican public institution "Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan"

1) Republican public institution "Inspectorate of transport control for Akmola area" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan;

2) Republican public institution "Inspectorate of transport control for the Aktyubinsk region" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan;

3) Republican public institution "Inspectorate of transport control for Almaty region" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan;

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