Unofficial translation
Under sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” I HEREBY ORDER:
Footnote. The preamble as revised by order of the Minister of Transport of the Republic of Kazakhstan № 253 of 26.07.2024 (shall come into effect upon expiration of sixty calendar days after the day of its first official publication).1. To approve the attached Rules for the provision of public services "Issuance of a license for carriage of goods in the field of railway transport."
2. The Transport Committee of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan, in the manner prescribed by law, shall ensure:
1) state registration of this Order with the Ministry of Justice of the Republic of Kazakhstan;
2) posting this Order on the Internet resource of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan.
3. Control over the execution of this Order shall be entrusted to the supervising Vice Minister of Industry and Infrastructure Development of the Republic of Kazakhstan.
4. This Order shall come into effect upon the expiration of twenty one calendar days after the day of its first official publication.
|
Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan |
K. Uskenbaev |
"AGREED"
Ministry of National Economy of the
Republic of Kazakhstan
"AGREED"
Ministry of Digital
Development, Innovation
and Aerospace Industry of the
Republic of Kazakhstan
| Approved by Order dated March 12, 2020, № 130 |
The Rules for the provision of the public service "Issuance of a license for carriage of goods in the field of railway transport" Chapter 1. General Provisions
1. These Rules for Rendering the State Service “Issuing a Licence for Cargo Transportation in the Field of Railway Transport” (hereinafter - Rules) have been drawn up in line with sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” and specify the procedure for rendering the State Service “Issuing a Licence for Cargo Transportation in the Field of Railway Transport”.
Footnote. Paragraph 1 as revised by order of the Minister of Transport of the Republic of Kazakhstan № 253 of 26.07.2024 (shall be enacted sixty calendar days after the day of its first official publication).2. The rules shall apply to individuals and legal entities operating in the field of railway transport, regardless of the form of ownership.
3. The state service “Issuance of a Licence for Transportation of Cargoes in the Field of Railway Transport” (hereinafter - licence) shall be rendered by the territorial bodies of the Road Transport and Transport Control Committee of the Ministry of Transport of the Republic of Kazakhstan (hereinafter - service provider).
Footnote. Paragraph 3 as revised by order of the Minister of Transport of the Republic of Kazakhstan № 253 of 26.07.2024 (shall become effective sixty calendar days after the day of its first official publication).Chapter 2. The procedure for the provision of public services "Issuance of a license for carriage of goods in the field of railway transport"
4. To obtain and (or) reissue a licence, a natural person or a legal entity (hereinafter referred to as the service recipient) shall send to the service provider via the ‘e-government’ web portal (hereinafter referred to as the portal):
1) one of the following applications:
an application of a legal entity for a licence as per Annex 1 hereto (hereinafter - application of a legal entity for a licence);
an application of a natural person for a licence as per Annex 2 hereto (hereinafter - application of a natural person for a licence);
an application of a legal entity for re-registration of a licence as per Annex 3 hereto (hereinafter - an application of a legal entity for re-registration of a licence);
an application of a natural person for re-issue of a licence as per Annex 4 hereto (hereinafter - an application of a natural person for re-issue of a licence);
2) complete data in the form of information on the qualification requirements for cargo transportation by rail and the list of documents confirming conformity with them as per the annex to the qualification requirements for cargo transportation by rail and the list of documents confirming conformity with them, approved by order № 47 of the Acting Minister for Investment and Development of the Republic of Kazakhstan of January 23, 2015 (recorded in the Register of State Registration of Regulatory Legal Acts under № 10409) (hereinafter - qualification requirements).
The list of basic requirements for rendering a state service can be found in Annex 5 hereto.
When a service recipient files all required documents via the portal - in the ‘personal cabinet’ of the service recipient the status of acceptance of the request for rendering of the state service shall be displayed specifying the date of receipt of the result of the state service.
A licence shall be re-issued in cases mentioned in the application of a legal entity for licence re-issuance and (or) application of a natural person for licence re-issuance.
Footnote. Paragraph 4 as revised by order of the Minister of Transport of the Republic of Kazakhstan № 253 of 26.07.2024 (shall take effect sixty calendar days after the date of its first official publication).5. The Service Provider shall carry out the registration of documents and information on the day of their receipt.
If the applicant applies after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, the application shall be accepted and the result of the provision of public services shall be issued on the next working day.
6. Information on state registration (re-registration) of a legal entity, on state registration as an individual entrepreneur, on a license, confirmation of payment to the budget of the license fee in case of payment through the payment gateway of "electronic government" (hereinafter referred to as the PGEG), the service provider shall receive from the relevant state information systems through the gateway of "electronic government".
7. The term for consideration of documents and issuance of the result of the provision of public services shall be 2 (two) working days.
8. When the service recipient submits an incomplete package of documents according to the list, and (or) expired documents, the service provider refuses further consideration of the application within 2 (two) working days from the date of registration of the documents and a notification is sent to the "personal account" of the service recipient in the form of an electronic document signed with an electronic digital signature (hereinafter – EDS) of the authorized person of the service provider.
When the service recipient submits a complete package of documents, the service provider within 2 (two) working days from the date of registration of the documents, verifies the authenticity of the submitted documents and compliance of the service recipient and (or) submitted documents and information with the requirements established by these Rules, and a license is issued or a license is renewed for the carriage of goods in the field of rail transport or a reasoned response is issued on refusal to provide the public service which is sent to the "personal account" of the service recipient in the form of an electronic document, signed by the EDS of the authorized person of the service provider.
Footnote. Paragraph 8 - as amended by the order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 07.10.2022 № 560 (shall be enforced sixty calendar days after the date of its first official publication).9. The service provider shall ensure that data on the stage of rendering a state service is entered into the information system for monitoring the rendering of state services.
When rendering state services via the state information system of permits and notifications, the data on the stage of rendering state services shall be received automatically in the information system for monitoring the rendering of state services.
Within three working days after the state registration of the subordinate normative legal act, the authorised body responsible for transport shall send data on amendments and (or) additions made hereto, specifying the procedure of rendering the state service, to the service provider, the operator of the information and communication infrastructure of the ‘electronic government’ and to the Unified Contact Centre.
Footnote. Paragraph 9 as revised by order of the Minister of Transport of the Republic of Kazakhstan № 253 of 26.07.2024 (shall go into effect sixty calendar days after the day of its first official publication).10. In the event of a failure of the information system containing the necessary information for the provision of public services, the service provider within 1 (one) working day shall notify the operator of the information and communication infrastructure of "electronic government" by sending a request to the unified support service to the e-mail sd@nitec.kz with the obligatory provision of information on the name of the public service, the number and code of the administrative document of the application, or the unique identification number of the application, the number, and code of the administrative document, or the unique identification number of the permit document, the individual identification number/business identification number of the service recipient, with the attachment of step-by-step screenshots from the moment of authorization until the error occurs, indicating the exact time of the error.
Chapter 3. The procedure for appealing decisions, actions (inaction) of the service provider and (or) its officials on the provision of the public service "Issuance of a license for carriage of goods in the field of railway transport"
11. Consideration of a complaint concerning the provision of public services is carried out by a higher administrative body, an official, an authorized body for assessing and monitoring the quality of public services (hereinafter referred to as the body considering the complaint).
The complaint is submitted to the service provider and (or) to the official whose decision, action (inaction) is being appealed.
The service provider, the official whose decision, action (inaction) is being appealed, no later than three working days from the date of receipt of the complaint, sends it and the administrative case to the body considering the complaint.
At the same time, the service provider, official, whose decision, action (inaction) are appealed, have the right not to send a complaint to the body considering the complaint if it takes a decision or other administrative action within three working days that fully meets the requirements specified in the complaint.
The complaint of the service recipient received by the service provider directly providing the public service, in accordance with paragraph 2) of Article 25 of the Law of the Republic of Kazakhstan "On public services" is subject to consideration within 5 (five) working days from the date of its registration.
The complaint of the service recipient received by the authorized body for the assessment and control of the quality of public services is subject to consideration within 15 (fifteen) working days from the date of its registration.
Footnote. Paragraph 11 - as amended by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 28.02.2022 № 111 (shall be enforced sixty calendar days after the date of its first official publication).12. Unless otherwise provided by the laws of the Republic of Kazakhstan, an appeal to the court is allowed after an appeal in a pre-trial manner, according to paragraph 5 of Article 91 of the Administrative Procedural Code of the Republic of Kazakhstan.
Footnote. Paragraph 12 - as amended by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 28.02.2022 № 111 (shall be enforced sixty calendar days after the date of its first official publication).| Annex 1 to the Rules for the provision of public services "Issuance of a license for carriage of goods in the field of railway transport" |
Application of a legal entity for a licence
Footnote. Appendix 1 - as amended by the Order of the Minister of Transport of the Republic of Kazakhstan dated 26.07.2024 № 253 (effective sixty calendar days after the date of its first official publication).
To_________________________________________________________________________
(full name of the licensor)
from________________________________________________________________________
(full name, location, business identification number of a legal entity (including a foreign legal entity),
business identification number of a branch or representative office of a foreign legal entity - if the legal
entity does not have a business identification number)
I kindly ask you to issue a licence for__________________________________________
(specify the full name of the type of activity and (or) sub-type(s) of activity)
Address of a legal entity___________________________________________________
(postal index, country (for a foreign legal entity), region, city, district, settlement, street name, number of house/building (fixed premises)
E-mail________________________________________________________
Contact numbers ________________________________________________
Address of the facility where the activity or action (operations) is taking place)
________________________________________________________________________
(postal index, region, city, district, settlement, street name, number of house/building (fixed premises) It is hereby confirmed that: all the above data are official contacts and any information regarding the issuance or refusal to issue a licence may be sent to them; the applicant is not prohibited by the court to engage in the licensed type and (or) sub-type of activity; all the documents enclosed are true and valid; the applicant consents to the use of personal data of restricted access, constituting a secret protected by law, contained in information systems, when issuing a licence;___________________________________________________________
(signature) (surname, first name, patronymic (if any)
Completion date: "___"_____ 20__
I consent to the use of data classified as a secret protected by the Law as contained in information systems.
| Annex 2 to the Rules for Rendering the State Service “Issuing a Licence for Cargo Transportation in the Field of Railway Transport” |
Application of a natural person to obtain a licence
Footnote. Appendix 2 - as amended by the Order of the Minister of Transport of the Republic of Kazakhstan dated 26.07.2024 № 253 (effective sixty calendar days after the date of its first official publication).
To_______________________________________________________________________
(full name of the licensor)
from________________________________________________________________________
(surname first name and patronymic (if any) of a natural person, individual identification number)
I kindly ask you to issue a licence to engage in the following activities
__________________________________________________________________________
(specify the full name of the type of activity and (or) sub-type(s) of activity)
Address of residence of a natural person _____________________________________
(postal code, region, city, district, settlement, street name, house/building number)
e-mail_____________________________________________________________
Contact numbers____________________________________________________________________
Address of the facility where the activity or action (operations) is being implemented)
_____________________________________________________________________________
(postal code, region, city, district, settlement, street name, house/building number (fixed premises) It is hereby confirmed that: all the above data are official contacts and any information regarding the issuance or refusal to issue a licence may be sent to them; the applicant is not prohibited by the court to engage in the licensed type and (or) sub-type of activity; all the documents enclosed are true and valid; the applicant consents to the use of personal data of restricted access, constituting a secret protected by law, contained in information systems, when issuing a licence;
Natural person_______________________________________________________________
(signature) (surname, first name, patronymic (if any)
Completion date: "___"_____ 20__
I consent to the use of information contained in information systems that constitutes a secret proteted by the Law.
| Annex 3 to the Rules for Rendering the State Service “Issuing a Licence for Cargo Transportation in the Field of Railway Transport” |
Application of a legal entity for reissuance of a licence
Footnote. Appendix 3 - as amended by the Order of the Minister of Transport of the Republic of Kazakhstan dated 26.07.2024 № 253 (effective sixty calendar days after the date of its first official publication).
To_________________________________________________________________________
(full name of the licensor)
from________________________________________________________________________
(full name, location, business identification number of a legal entity (including a foreign legal entity),
business identification number of a branch or representative office of a foreign legal entity - in case
the legal entity does not have a business identification number)
I kindly request to reissue licence №______________ of "___" ________________ 20___,
issued by________________________________________________________
(licence number(s), date of issue, name of the licensor issuing the licence)
for __________________________________________________________
(full name of the type of activity and (or) sub-type(s) of activity) on the following basis(s) (specify in the appropriate X cell):
1) reorganisation of the legal entity-licensee following the procedure established by Article 34
of the Law of the Republic of Kazakhstan ‘On Permits and Notifications’ by (specify in the appropriate cell X):
merging ____ converting ____ accession ____ spin-off ____ separation ____
2) change of the name and (or) location of the legal entity-licensee (if the address is specified in the licence) ___________________
3) a change of address of the location of the facility without physical relocation for a licence issued
under the class ‘permits issued for facilities’ or for applications to a licence specifying facilities
4) existence of a requirement for re-registration in the laws of the Republic of Kazakhstan
__________________________________________________________
5) change of the name of the type and (or) sub-type(s) of activity_________
Address of the legal entity _______________________________________________________
(country - for a foreign legal entity, postal code, region, city, district, settlement, street name, number of house/building (fixed premises)
E-mail________________________________________________________
Contact numbers ________________________________________________________________
Address of the facility where the activity or action (operations) is carried out)
_________________________________________________________________________
(postal code, region, city, district, settlement, street name, house/ building number (fixed premises) It is hereby confirmed that: all the above data are official contacts and any information regarding the issuance or refusal to issue a licence may be sent to them; the applicant is not prohibited by the court to engage in the licensed type and (or) sub-type of activity; all documents enclosed are true and valid; the applicant consents to the use of personal data of restricted access, constituting a secret protected by law, contained in information systems, when issuing a licence and (or) enclosed documents;
________________________________________
(signature) (surname, first name, patronymic (if any)
Date of completion: "__" __________ 20__
I consent to the use of data contained in information systems that constitute a secret protected by the Law.
| Annex 4 to the Rules for Rendering the State Service “Issuing a Licence for Cargo Transportation in the Field of Railway Transport” |
Application of a natural person for reissuance of a licence
Footnote. Appendix 4 - as amended by the Order of the Minister of Transport of the Republic of Kazakhstan dated 26.07.2024 № 253 (effective sixty calendar days after the date of its first official publication).
To_________________________________________________________________________
(full name of the licensor)
from _______________________________________________________________________
(surname, first name, patronymic (if any) of a natural person, individual identification number)
I kindly ask you to re-issue licence No____________ of _________ 20___ issued by _____________
(licence number(s), date of issue, name of the licensor issuing the licence) for the exercise of
___________________________________________________________________
(full name of the type of activity and (or) sub-type(s) of activity) on the following basis(s) (specify in the appropriate X cell):
1) changes in the surname, first name, patronymic (if any) of the physical person-licensee
_____________________________________________________
2) re-registration of an individual entrepreneur-licensee, change of its name
__________________________________________
3) a change of address of the location of the facility without physical relocation for a licence issued under
the class ‘permits issued for facilities’ or for applications to a licence specifying facilities _____________
4) existence of a requirement for re-registration in the laws of the Republic of Kazakhstan
_________________________________________________________
5) change of the name of the type and (or) sub-type of activity ________
Address of residence of a natural person ______________________________________
(postal code, region, city, district, settlement, street name, house/building number)
E-mail_______________________________________________________
Contact numbers _______________________________________________________________
Address of the facility where the activities or actions (operations) are taking place)
__________________________________________________________________________
(postal code, region, city, district, settlement, street name, house/ building number (fixed premises) It is hereby confirmed that: all the above data are official contacts and any information regarding the issuance or refusal to issue a licence may be sent to them; the applicant is not prohibited by the court to engage in the licensed type and (or) sub-type of activity; all documents enclosed are true and valid; the applicant consents to the use of personal data of restricted access, constituting a secret protected by law, contained in information systems, when issuing a licence and (or) enclosed documents; the applicant agrees to the use of personal data of restricted access, constituting a secret protected by law, contained in information systems, when issuing a licence and (or) enclosed documents;
Natural person__________________________________________________________
(signature) (surname, first name, patronymic (if any)
Date of completion: "__" _____ 20__ .
I consent to the use of information contained in information systems that constitutes a secret protected by the Law.
| Annex 5 to the Rules for Rendering the State Service “Issuing a Licence for Cargo Transportation in the Field of Railway Transport” |
List of basic requirements for rendering the state service
“Issuance of a Licence for Carriage of Goods in the Field of Railway Transport”
Footnote. Appendix 5 - as amended by the Order of the Minister of Transport of the Republic of Kazakhstan dated 26.07.2024 № 253 (effective sixty calendar days after the date of its first official publication).
Name of the state service ‘Issuance of a Licence for Carriage of Goods in the Field of Railway Transport’ | ||
1 | Name of the service provider | Territorial bodies of the Road Transport and Transport Control Committee of the Ministry of Transport of the Republic of Kazakhstan |
2 | Methods of rendering the state service | E-government web portal |
3 | Term of rendering the state service | 2 (two) working days |
4 | Form of rendering the state service | Electronic (partially automated) one |
5 | Result of rendering a state service |
Licence, reissuance of a licence for cargo transportation in the sphere of railway transport in the form of an electronic document signed by the EDS of the service provider, or a reasoned response on refusal to deliver a state service in the instance and on the grounds envisaged by paragraph 9 of this List. |
6 | The amount of the fee charged from the service recipient when rendering a state service and the ways of its collection in cases foreseen by the legislation of the Republic of Kazakhstan |
The state service shall be rendered on a fee basis to natural and legal persons. The licence fee shall be paid to the local budget at the rate of the fee established by the Code of the Republic of Kazakhstan ‘On Taxes and Other Obligatory Payments to the Budget (Tax Code)’ and shall be: |
7 |
Work schedule of the service provider and information objects |
1) of the service provider - from Monday to Friday, from 9-00 a.m. to 6-30 p.m., with a lunch break from 1-00 p.m. to 2-30 p.m., excluding weekends and holidays, according to the labour legislation of the Republic of Kazakhstan; |
8 |
List of documents and information required from the service recipient for rendering the state service |
To obtain a licence: |
9 |
Grounds for refusal to deliver a state service established by the laws of the Republic of Kazakhstan |
1) engaging in the type of activities prohibited by the laws of the Republic of Kazakhstan for this category of entities ( natural or legal persons); |
10 |
Other requirements considering the specifics of the state service, including those provided in electronic form and via the State Corporation. |
The address of rendering the state service is available on the internet resource of the service provider - www.gov.kz, in the subsection “State Services” of the section of the Road Transport and Transport Control Committee. |
