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The document ceased to be valid since  April 4, 2017 according to Item 1 of the Order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of April 4, 2017 No. 145

ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of June 5, 2015 No. 18-5/520

About approval of regulations on Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan and its regional territorial inspections

(as amended on 29-09-2016)

According to the order of the Government of the Republic of Kazakhstan of April 6, 2005 No. 310 "Some questions of the Ministry of Agriculture of the Republic of Kazakhstan" of PRIKAZYVAYU:

1. Approve:

1) ceased to be valid according to the Order of the Deputy prime minister of the Republic Kazakhstan Minister of Agriculture of the Republic of Kazakhstan of 29.09.2016 No. 408;

2) Regulations on Akmola regional territorial inspection of forestry and fauna of Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan, according to appendix 2 to this order;

3) Regulations on the Aktyubinsk regional territorial inspection of forestry and fauna of Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan, according to appendix 3 to this order;

4) Regulations on the Almaty regional territorial inspection of forestry and fauna of Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan, according to appendix 4 to this order;

5) Regulations on Atyrau regional territorial inspection of forestry and fauna of Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan, according to appendix 5 to this order;

6) Regulations on the West Kazakhstan regional territorial inspection of forestry and fauna of Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan, according to appendix 6 to this order;

7) Regulations on Jambyl regional territorial inspection of forestry and fauna of Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan, according to appendix 7 to this order;

8) Regulations on the Karaganda regional territorial inspection of forestry and fauna of Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan, according to appendix 8 to this order;

9) Regulations on Kostanay regional territorial inspection of forestry and fauna of Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan, according to appendix 9 to this order;

10) Regulations on Kyzylorda regional territorial inspection of forestry and fauna of Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan, according to appendix 10 to this order;

11) Regulations on Mangystau regional territorial inspection of forestry and fauna of Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan, according to appendix 11 to this order;

12) Regulations on the Southern Kazakhstan regional territorial inspection of forestry and fauna of Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan, according to appendix 12 to this order;

13) Regulations on the Pavlodar regional territorial inspection of forestry and fauna of Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan, according to appendix 13 to this order;

14) Regulations on the North Kazakhstan regional territorial inspection of forestry and fauna of Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan, according to appendix 14 to this order;

15) Regulations on the East Kazakhstan regional territorial inspection of forestry and fauna of Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan, according to appendix 15 to this order.

2. Declare invalid the order of the Minister of Agriculture of the Republic of Kazakhstan of October 10, 2014 No. 20-04/518 "About approval of regulations on Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan and its regional territorial inspections" (registered in the Register of state registration of regulatory legal acts at No. 9810, No. 212 published on October 30, 2014 (27833), on November 5, 2014 No. 216 (27837) in the Kazakhstanskaya Pravda newspaper).

3. To provide to committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

1) 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 it the copy on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan;

4) acceptance of other measures following from this order.

4. To committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan and its regional territorial inspections to take all necessary measures for implementation of this order.

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

Minister of Agriculture of the Republic of Kazakhstan

A. Mamytbekov

Appendix 1

to the Order of the Minister of Agriculture of the Republic of Kazakhstan of June 5, 2015 No. 18-5/520

Regulations on Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan

Voided according to the Order of the Deputy prime minister of the Republic Kazakhstan Minister of Agriculture of the Republic of Kazakhstan of 29.09.2016 No. 408

 

Appendix 2

to the Order of the Minister of Agriculture of the Republic of Kazakhstan of June 5, 2015 No. 18-5/520

Regulations on Akmola regional territorial inspection of forestry and fauna of Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan

1. General provisions

1. The republican public institution "Akmola regional territorial inspection of forestry and fauna of Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan" (further – Inspection) is the territorial subdivision of Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan (further – Committee) authorized on accomplishment of realizable and control functions in the field of forestry, protection, reproduction and use of fauna, especially protected natural territories.

Inspection is authorized to exercise control, supervision and coordination of activities of the Korgalzhynsky national natural park, the state national natural parks "Kokshetau" and "Buyratau", Sandyktausky industrial practice forestry, the republican state company on the right of economic maintaining "Zhasyl Aymak", the municipal state company "Astana Ormana", protection of East state zoological natural wildlife area, and also on all fishery reservoirs and (or) sites (including the water preserving strips and zones, shores and zones of sanitary protection) within administrative border of Akmola area.

2. Inspection 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. Inspection is the legal entity subordinated to Committee, in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, and also according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

4. The inspectorate enters the civil relations from own name.

5. Inspection acts as the party of the civil relations on behalf of the state if she is authorized on it according to the legislation.

6. The inspectorate for questions of the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of Inspection and other acts, stipulated by the legislation the Republic of Kazakhstan.

7. The structure and the number of staff of Inspection affirm the Responsible secretary of the Ministry of Agriculture of the Republic of Kazakhstan in coordination with the Minister of Agriculture of the Republic of Kazakhstan within the total number of territorial subdivisions of Committee.

8. Legal address of Inspection: Republic of Kazakhstan, 020000, Akmola area, city of Kokshetau, Ulitsa Gromova, 21.

9. Full name of state body – republican public institution "Akmola regional territorial inspection of forestry and fauna of Committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan".

10. This provision is the constituent document of Inspection.

11. Financing of activities of Inspection is performed from the republican budget.

12. The inspectorate does not enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Inspection.

If Inspection by legal acts is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the government budget.

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

13. Tasks: accomplishment of realizable and control functions in the field of forestry, protection, reproduction and use of fauna, especially protected natural territories.

Functions:

1) realizes state policy in the field of protection, reproduction and use of fauna, and also especially protected natural territories;

2) participates in development of offers on forming of the state forest policy and its realization;

3) performs coordination and methodical management of local executive bodies of areas, cities of republican value, the capital knowing forestry and also forest organizations and the nature protection organizations for protection, protection, use of forest fund, reproduction of the woods and afforestation;

4) the report of the head of the structural unit of local executive body of area, city of the republican value, the capital knowing forestry hears and also heads of forest organizations and the nature protection organizations for condition, protection, protection, use of forest fund, reproduction of the woods and afforestation;

Stops 5), limits and stops the forest utilization right on sites of the state forest fund, and also the works constituting danger to condition and reproduction of the woods according to the procedure which are under its authority according to the legislation of the Republic of Kazakhstan;

6) considers cases on administrative offenses in the field of the forest legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of fauna and especially protected natural territories;

Approves 7) with local executive body of area, the projects of rates of payment for forest uses developed by them on sites of the state forest fund (except for rates for the wood released on root);

8) exercises the state control and supervision of accomplishment of actions for protection of the woods against wreckers and diseases, timeliness of the taken measures for the prevention of origin, distribution, accuracy of accounting and forecasting of the centers of wreckers and diseases of the wood, easing and death of plantings from adverse effects of natural, anthropogenous nature;

9) exercises the state control and supervision of quantitative and high-quality changes in forest fund, its sanitary condition by checks;

10) exercises by checks the state control and supervision of procedure for transfer of forest resources to forest utilization on sites of the state forest fund and observance of agreements of long-term forest utilization;

11) exercises by checks the state control and supervision of fulfillment of requirements of fire safety in the woods, actions for the prevention of wildfires, for ensuring their timely detection and liquidation, and also the accuracy of accounting of the areas gary and determination by the caused fires of damage to the state forest fund, timeliness of the taken measures for mitigation of consequences of wildfires;

12) exercises the state control and supervision of condition, protection, protection and use of especially protected natural territories and objects of the state natural and reserved fund;

13) exercises the state control and supervision of withdrawal of cutting areas by checks;

14) exercises the state control and supervision of observance of rules of leave of wood on root and cabins of the wood, other rules of forest utilization on sites of the state forest fund;

15) exercises the state control and supervision of observance of the modes of protection in the woods of especially protected natural territories;

16) exercises the state control and supervision of observance of forest seed division into districts, procurement, conversion, storage and use of forest seeds, maintaining nursery economy on sites of the state forest fund;

17) exercises the state control and supervision of use of lands of forest fund according to their purpose and protection of these lands;

18) exercises the state control and supervision of observance of procedure for use of the state forest fund in case of construction works, mining, laying of communications and accomplishment of other works which are not connected with forest management and forest utilization;

19) is checked by activities of users fauna for the purpose of determination of observance of requirements of the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of fauna;

Will organize 20) and provides reproduction and the state accounting of fauna in reserve fund fishery reservoirs and (or) sites and hunting grounds;

Will organize 21) and (or) provides carrying out scientific research and design and exploration work in the field of protection, reproduction and use of fauna;

22) will be organized by conducting the state accounting, the inventory and monitoring of fauna;

Conducts 23), places and quarterly updates the register of zoological collections on Internet resource;

24) issues the certificate of catch origin;

25) is performed by international cooperation in the field of the forest relations, protection, reproduction, use of fauna, especially protected natural territories, including implementation of international treaties;

26) is performed by control fishing, fishing for the purpose of introduction, reintroduction and hybridization, will organize fishing in zamoroopasny reservoirs and (or) sites;

27) exercises the state control and supervision of observance of procedure of introduction, reintroduction and hybridization of animals;

28) exercises the state control and supervision in the field of protection, reproduction and use of fauna;

29) exercises control of observance of rules of maintaining hunting, fishery;

30) exercises control of observance of Rules of hunting and fishery;

31) exercises control of observance of standard rates in the field of protection, reproduction and use of fauna;

32) exercises control of observance of procedure for content of animals in bondage or semi-free conditions, and also zoological collections;

33) exercises control over the implementation of actions for protection, reproduction and use of fauna;

34) exercises control over the implementation of terms of the contract by physical persons and legal entities on maintaining hunting and fishery;

35) exercises control of observance of the set restrictions and prohibitions on use of fauna;

36) exercises the state control and supervision of local executive bodies in the field of protection, reproduction and use of fauna;

37) approves installation of fish-protecting devices of water intaking constructions;

38) is approved by movement of all types of water transport with the switched-on engines during the period, forbidden for fishery, on fishery reservoirs and (or) sites, and also in places, forbidden for fishery;

39) coordinates the feasibility statement and the design estimates developed by the subjects performing the economic and other activity specified in Items 1 and 2 of article 17 of the Law of the Republic of Kazakhstan of July 9, 2004 "About protection, reproduction and use of fauna";

40) approves based on biological reasons fishery melioration on the fixed fishery reservoir and (or) the site, the annual adjustment of the fish resources and other water animals this trade inventory which is carried out by users fauna in case of special use;

41) based on scientific recommendations Zamora who will inevitably lead to death of fishes and impossibility of elimination of such threat by carrying out the current fishery melioration of water objects or their parts makes the decision on meliorative fishing of fishes in cases of emergence of threat;

42) is developed by the list of fishery reservoirs and (or) sites of local value;

43) in case of identification of violations of the law of the Republic of Kazakhstan in the field of protection, reproduction and use of fauna is stopped by activities or make the offer on the prohibition of activities of users fauna according to the procedure established by the legislation of the Republic of Kazakhstan;

44) issues permissions to production of introduction, reintroduction and hybridization of animals.

14. Rights and obligations of Inspection:

Requests 1) and receives in the procedure established by the legislation from state bodies and other organizations, their officials necessary information and materials;

2) performs other rights and obligations provided by the existing legal acts.

3. Organization of activities of Inspection

15. Inspection is headed by the head appointed to position and dismissed by the Responsible secretary of the Ministry of Agriculture of the Republic of Kazakhstan in coordination with the Minister of Agriculture of the Republic of Kazakhstan.

The head has the deputy(deputies) appointed to position and exempted from position by the Responsible secretary of the Ministry of Agriculture of the Republic of Kazakhstan.

16. The head will organize and directs work of Inspection, bears the personal responsibility for accomplishment of the tasks assigned to Inspection and implementation of the functions by it, for quality and timeliness of outgoing documents, and also target use of allocated funds from the republican budget.

17. For this purpose head:

1) appoints to positions and dismisses employees of Inspectorate, except deputies;

2) determines obligations and powers of employees of Inspectorate and heads of structural divisions of Inspection;

3) in established by the legislation of the Republic of Kazakhstan in the field of forestry and fauna, especially protected natural territories encourages and imposes authority punishments on the staff of Inspectorate, and also brings representation to the chairman of Committee about encouragement and imposing of authority punishments on deputies;

4) within the competence takes the measures directed to anti-corruption in inspections and bears the personal responsibility for acceptance of anti-corruption measures;

5) signs orders;

6) approves provisions of structural divisions and job responsibilities of staff of Inspectorate;

7) represents Inspection in state bodies and other organizations without power of attorney.

18. In case of absence of the head of Inspection temporary fulfillment of duties of the head of Inspection is assigned based on the order of the chairman of Committee to the deputy manager, in case of its absence on other employee of Inspectorate.

4. Property of Inspection

19. Inspection can have on the right of operational management the isolated property in cases, stipulated by the legislation.

The property of Inspection is created at the expense of the property transferred to it by the state and consists of the main and current assets, and also other property which cost is reflected in balance of Inspection.

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