On approval of the Rules for the provision of public services in the field of religious activity

Updated Unofficial translation

Order of the Minister of Information and Social Development of the Republic of Kazakhstan dated March 31, 2020 No. 97. Registered with the Ministry of Justice of the Republic of Kazakhstan on April 1, 2020 No. 20256.

      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 Information and Social Development of the Republic of Kazakhstan No. 36 of 14.02.2022 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).

      1. That the following shall be approved:

      1) the Rules for Rendering the State Service “Registration and Repeated Registration of Persons Engaged in Missionary Activities” as per Appendix 1 to this order;

      2) the Rules for Rendering the State Service “Approval of Activities of Foreign Religious Associations on the Territory of the Republic of Kazakhstan, Appointment by Foreign Religious Centres of Heads of Religious Associations in the Republic of Kazakhstan” under Appendix 2 to this Order;

      3) the Rules for Rendering the State Service “Issuance of a Decision on Approval of Location of Special Stationary Premises for Distribution of Religious Literature and Other Information Materials of Religious Content, Religious Items” as per Appendix 3 to this order;

      4) Rules for Providing the State Service “Issuance of a Decision on Construction of Religious Buildings (Structures), Determination of their Location” as per Appendix 4 to this order;

      5) the Rules for Rendering the State Service “Issuance of a Decision on Conversion (Change of Functional Purpose) of Buildings (Structures) into Religious Buildings (Structures)” as per Appendix 5 to this order.

      Footnote. Paragraph 1 - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 of 01.12.2022 (shall become effective ten calendar days after the date of its first official publication); amended in Kazakh, the text in Russian is unchanged by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 551 of 15.12.2022 (shall come into effect ten calendar days after the date of its first official publication).

      2. To recognize as invalid some orders in accordance with Appendix 7 to this order.

      3. The Committee for Religious Affairs of the Ministry of Information and Social Development of the Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, 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 Information and Social Development of the Republic of Kazakhstan after its official publication;

      3) within ten working days after the state registration of this order, submission to the Legal Department of the Ministry of Information and Social Development of the Republic of Kazakhstan information on the implementation of the measures provided for in subparagraphs 1) and 2) of this paragraph.

      4. Control over the execution of this order shall be entrusted to the supervising vice minister of information and social development.

      5. This order shall be enforced upon the expiration of ten calendar days after the day of its first official publication.

      Minister of Information and
social development
Republic of Kazakhstan
D. Abaev

      "AGREED"
Ministry of Digital Development,
innovation and aerospace
industry
Republic of Kazakhstan
"__" ________ 2020

  Appendix 1
to order of the
Minister of Information and
Social Development
of the Republic of Kazakhstan
No. 97 of March 31, 2020

Rules for Providing the State Service “Registration and Re-Registration of Persons Engaged in Missionary Activities”

      Footnote. The Rules - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 36 of 14.02.2022 (shall be enforced upon expiration of ten calendar days after the day of its first official publication).

Chapter 1. General provisions

      1. These Rules for Providing the State Service “Registration and Re-Registration of Persons Engaged in Missionary Activities” (hereinafter - Rules) have been elaborated under sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” and establish the procedure for rendering the state service “Registration and Re-Registration of Persons Engaged in Missionary Activities” (hereinafter - state service).

      2. The state service shall be rendered by local executive bodies of regions, cities of Nur-Sultan, Almaty and Shymkent (hereinafter - the service provider) to natural persons (hereinafter - the service recipient) in compliance with these Rules.

      The following terms are used herein:

      1) religious association - a voluntary association of the nationals of the Republic of Kazakhstan, foreigners and stateless persons who, in the order established by the legislative acts of the Republic of Kazakhstan, have united on the grounds of commonality of their interests to meet spiritual needs;

      2) religious activities - activities aimed at satisfying the religious needs of believers;

      3) missionary activities - activities of nationals of the Republic of Kazakhstan, foreigners and stateless persons aimed at disseminating religious doctrine in the territory of the Republic of Kazakhstan;

      4) competent authority - a governmental authority exercising state regulation in the sphere of religious activities.

      2-1. Within three business days, the competent authority shall forward data on amendments and (or) additions made hereto to the organisations accepting applications and issuing the results of state serviceprovision, to the service providers, and to the Unified Contact Centre.

      Footnote. Chapter 1 is supplemented by paragraph 2-1 as per order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 of 01.12.2022 (shall go into effect ten calendar days after the day of its first official publication).

Chapter 2: Procedure for rendering a state service

      3. For obtaining the state service, the service recipient shall file an application for registration (re-registration) of a missionary in the form as per Appendix 1 hereto and enclose the documents in compliance with the list of basic requirements for rendering the state service in Appendix 2 hereto to the office of the service provider or via the Government for Citizens State Corporation (hereinafter referred to as the State Corporation), Non-Commercial Joint-Stock Company (hereinafter referred to as the State Corporation) and the e-government web portal www.egov.kz, www.elicense.kz (hereinafter referred to as the Portal).

      Data on identity documents and state registration (re-registration) of a religious association shall be obtained by the employee of the State Corporation and (or) the service provider from the relevant state information systems via the e-government gateway.

      Footnote. Paragraph 3 - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 of 01.12.2022 (shall become effective upon expiry of ten calendar days after the day of its first official publication).

      4. Should a service recipient fail to submit a complete set of documents, or submit expired documents, an employee of the State Corporation shall refuse to accept the application and issue a receipt of refusal to accept the documents in the form as per Appendix 3 hereto.

      Upon acceptance of documents via the State Corporation, the service recipient shall be granted a receipt of acceptance of the relevant documents.

      The prepared application with the package of documents shall be addressed to the service provider by courier and (or) by post, and (or) via the information system.

      Upon application to the State Corporation, the day of receipt of documents shall not be included in the term of rendering the state service, and the result of rendering the state service by the service provider shall be provided to the State Corporation one day prior to the end of the term of rendering the state service.

      The office of the service provider shall accept and register documents on the day of their receipt (when the service recipient applies after working hours, on weekends and public holidays under the labour laws of the Republic of Kazakhstan, acceptance of the application and issuance of the result of the state service shall be made on the next business day).

      A copy of the service recipient's application with the service provider's seal containing the date, time of receipt and number of incoming documents, indicating the surname, first name, patronymic (if any) of the person who accepted the documents shall be a confirmation of acceptance of the document package by the office of the service provider.

      Should the service recipient file an incomplete set of documents and (or) documents with expired validity period, the service provider shall refuse to accept the application.

      When applying via the Portal, the service recipient shall be informed in the personal profile about the status of consideration of the request for state service, as well as a notification specifying the date and time of receipt of the result of the state service.

      In case of application via the Portal, within 2 (two) business days from the moment of registration of the submitted documents, the service provider shall verify their completeness, and in case the applicant submits an incomplete set of documents, prepare a motivated refusal in further consideration of the application.

      5. When a complete set of documents is filed, within 1 (one) business day the head of the service provider shall appoint the responsible person of the service provider (hereinafter referred to as the responsible person).

      Within 1 (one) business day, the responsible person shall familiarise himself/herself with the documents of the service recipient and examine the data specified in the documents filed for authenticity.

      If it is required to provide religious expertise, within 1 (one) business day from the moment of receipt of the service-recipient's documents by mail or by hand, the responsible person shall send the objects of expertise to the competent authority.

      The term of registration shall be suspended in the case of religious expertise to obtain a conclusion on the materials provided by the missionary.

      After religious expertise, the competent authority shall forward the expert opinion to the service provider.

      After receipt of the letter on the conclusion of the expertise from the competent authority, within 4 (four) business days the responsible executive shall prepare on paper a certificate of registration (re-registration) of the missionary in the form as per Appendix 4 hereto.

      In case of non-compliance of the service recipient with the requirements stipulated by the list of basic requirements for rendering the state service as per Appendix 2 hereto, the service provider shall decide to refuse to render the state service.

      The service recipient shall be provided with a notification enclosing a preliminary decision on refusal to provide a state service no later than 3 (three) business days prior to its signing.

      The service recipient shall file an objection to the preliminary decision to refuse to provide a state service no later than 2 (two) business days from the date of receipt of the notification.

      Upon the results of consideration of the objection, if received from the service recipient, the service provider shall issue a certificate of registration (re-registration) of the missionary in the form as per Appendix 4 hereto, or a reasoned refusal to grant the state service, which shall be sent to the service recipient or to the State Corporation.

      The result of rendering the state service shall be sent on the Portal to the personal profile of the service recipient in the form of an electronic document signed by the EDS of the authorised person of the service provider.

      Footnote. Paragraph 5 - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall enter into force ten calendar days after the date of its first official publication).

Chapter 3. Procedure for appealing against decisions, actions (inaction) of the service provider and (or) its officials on the issues of rendering state services

      6. A complaint against a decision, actions (inaction) of a service provider on the issues of rendering a state service shall be examined by an official, a superior competent authority responsible for state regulation in the sphere of religious activity, a competent authority for assessment and control over the quality of rendering state services (hereinafter - an authority considering a complaint) under the laws of the Republic of Kazakhstan.

      The complaint shall be lodged with the service provider and (or) the official whose decision, action (inaction) is being appealed against.

      Under paragraph 2 of Article 25 of the Law of the Republic of Kazakhstan “On State Services”, the service recipient's complaint received by the service provider shall be considered within 5 (five) business days from the day of its regist.

      The complaint of the service recipient, received by the competent authority for evaluation and control over the quality of state services shall be considered within 15 (fifteen) business days from the date of its registration.

      Not later than 3 (three) business days from the date of receipt of the complaint, the service provider, the official whose decision, action (inaction) is being appealed, shall forward it and the administrative file to the body considering the complaint.

      Herewith, the service provider, the official whose decision, action (inaction) is being appealed shall not forward the complaint to the body considering the complaint, if within 3 (three) business days it/he/she adopts a decision or other administrative action fully satisfying the requirements specified in the complaint.

      If not otherwise envisaged by law, filing a complaint with the court shall be allowed after appealing in the pre-trial procedure.

  Appendix 1
to the Rules for Rendering the
State Service
“Registration and Re-Registration
of Persons Engaged
in Missionary Activities”
 
  Document form
  to the service provider
____________________________
(position, surname, patronymic
(if any)
of the official,
authorised by the service
provider)
from the service recipient
____________________________
(position, surname, patronymic
(if any), address,
telephone and IIN of the natural person)

Application for registration (re-registration) of a missionary

      I kindly ask you to register (re-register) me as a missionary.

      Address of location (residence): ___________________________________

      Passport or identity card (date of issue, number, issuing authority)

      _____________________________________________________________________

      Nationality: _________________________________________________________

      Religious affiliation: ____________________________________

      Name of the religious association on behalf of which the missionary activity is performed:

      ___________________________________________

      Term of missionary activity: ______________________________________

      Visa validity period: ___________________________________________________

      Territory of implementation of activities: _________________________________

      (region, city of republican importance or the capital)

      I confirm that I am familiarised with the laws of the Republic of Kazakhstan concerning

      the regulation of the activities of missionaries. _________ (signature)

      List of enclosed documents:

      1. ______________________________________________________________

      2. ______________________________________________________________

      3. ______________________________________________________________

      I hereby confirm the accuracy of the data presented and consent to the use

      of the information contained in the information systems,

      constituting a secret protected by law.

      signature ____________ Date of application _________

  Appendix 2
to the Rules for Rendering the
State Service “Registration and
Re-Registration of Persons
Engaged in Missionary Activities”

      Footnote. Appendix 2 - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 of 01.12.2022 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).

List of basic requirements for rendering the state service “Registration and Re-Registration of Persons Engaged in Missionary Activities”

1

Name of the service provider

Local executive bodies of regions, the cities of Astana, Almaty and Shymkent

2

Ways of rendering the state service

Local executive bodies of regions, the cities of Astana, Almaty and Shymkent, Government for Citizens State Corporation, e-Government web portal www.egov.kz

3

Term of rendering the state service

10 (ten) business days
The term of registration shall be suspended in the case of religious expertise to obtain a conclusion on the materials filed by the missionary

4

Form of rendering the state service

“Electronic form (partially automated) / paper form”

5

Result of rendering the state service

Certificate of registration (re-registration) of a missionary or a reasoned response of refusal to render the state service.
Form of delivery of the result of the state service - electronic (partially automated) / paper-based one.
Condition for issuing the result of rendering the state service:
via the service provider: documents shall be issued to the service recipient by mail via the service provider's office or by hand upon presentation of an identity card (or its representative with a notarised power of attorney) or an electronic document from the digital document service upon presentation of a copy of the service recipient's application with the service provider's seal;
via the State Corporation: ready documents shall be issued to the service recipient pursuant to the working schedule of the State Corporation upon presentation of identity documents or his/her representative acting under a document issued in compliance with the civil legislation of the Republic of Kazakhstan, specifying the respective powers of the representative;
via the Portal: the result of the state service shall be forwarded to the "personal office" of the service recipient in the form of an electronic document signed by an electronic digital signature (hereinafter - EDS) of the authorised person of the service provider.
The State Corporation shall ensure storage of the result for 1 (one) month, after which it shall transfer it to the service provider for further storage for 1 (one) year. If the service recipient applies after 1 (one) month, at the request of the state corporation, within 10 (ten) business days the service provider shall forward the finished result of the state service to the state corporation for issuance to the service recipient.

6

The amount of payment charged from the service recipient when rendering the state service and ways of its collection in cases stipulated by the laws of the Republic of Kazakhstan

Free of charge

7

Working hours of the service provider, the State Corporation and information objects

1) of the service provider - from Monday to Friday, as per the established working hours from 9.00 a.m. to 6.30 p.m., excluding weekends and public holidays, under the labour laws of the Republic of Kazakhstan, with a lunch break from 1.00 p.m. to 2.30 p.m.;
2) State Corporation - acceptance of applications and issuance of ready results of state services shall be performed from Monday to Friday inclusive from 9.00 a.m. to 6.00 p.m. without a break, on-duty population service departments of the State Corporation from Monday to Friday inclusive from 9.00 a.m. to 8.00 p.m. and on Saturday from 9.00 a.m. to 1.00 p.m. excluding holidays and weekends under the Labour Code of the Republic of Kazakhstan;
The state service shall be rendered at the location of the service provider in the order of electronic queue, without accelerated service, it may be possible to book an electronic queue via the Portal;
3) of the Portal - round the clock, excluding technical interruptions due to repair works (when the service recipient applies after working hours, on weekends and holidays under the labour laws of the Republic of Kazakhstan, acceptance of applications and issuance of the result of the state service shall be performed on the next business day).
The addresses of the places of rendering the state service are placed on:
the internet resource of the service provider: www.qogam.gov.kz;
Internet resource of the State Corporation: www.gov4c.kz;
Portal: www.elicense.kz.

8

List of documents and data required from the service recipient for rendering the state service

In case the service recipient (or its representative by power of attorney) applies to the service provider and to the State Corporation (upon presentation of an identity document or an electronic document from the digital document service for identification of identity), the following shall be submitted:
1) application for registration (re-registration) of a missionary in the form according to Appendix 1 to these Rules for Rendering the State Service;
2) a copy of passport (for foreigners and stateless persons in the Republic of Kazakhstan);
3) a document issued by a religious association for the right to engage in missionary activities on behalf of a religious association (certified by the signature and seal (if any) of the head of the religious association stating the date of issue);
4) a certificate of state registration (re-registration) of a legal entity and a copy of the charter of the religious association whose representative is the missionary;
5) religious literature, other informative materials of religious content, religious items intended for missionary activity;
6) a copy of the letter on the positive conclusion of religious expertise (if any).
Foreigners and stateless persons in the Republic of Kazakhstan shall additionally provide the following documents:
1) a legalised or apostilled document certifying that the religious association represented by the missionary is officially registered under the laws of a foreign country;
2) an invitation of a religious association registered in the Republic of Kazakhstan;
When applying to the Portal:
1) an application in the form of an electronic document signed by the service recipient's EDS;
2) an electronic copy of the passport (for foreigners and stateless persons in the Republic of Kazakhstan);
3) an electronic copy of a document issued by a religious association for the right to engage in missionary activities on behalf of a religious association (signed and stamped (if available) by the head of the religious association, specifying the date of issuance of the paper version);
4) an electronic copy of the certificate of state registration (re-registration) of the legal entity and the charter of the religious association (signed and stamped (if available) by the head of the religious association), whose representative is the missionary;
5) an electronic copy of religious literature, other information materials of religious content, religious items intended for missionary activity;
6) an electronic copy of the letter on the positive conclusion of religious expertise (if any).
Foreigners and stateless persons in the Republic of Kazakhstan shall additionally provide the following documents:
1) an electronic copy of a legalised or apostilled document certifying that the religious association represented by the missionary is officially registered under the laws of a foreign country;
2) an electronic copy of the invitation of a religious association registered in the Republic of Kazakhstan.
Documents issued by foreign states shall be provided with the accuracy of translation into Kazakh and Russian languages notarised in the Republic of Kazakhstan and the notarised signature of the translator who translated the document.

9

Grounds for refusal to render the state service established by the laws of the Republic of Kazakhstan

1) ascertaining the unreliability of documents filed by the service recipient to receive the state service and (or) data (information) contained therein;
2) non-compliance of the service recipient and (or) submitted materials, objects, data and information required for rendering the state service with the requirements established by normative legal acts of the Republic of Kazakhstan;
3) in respect of the service recipient there is an enforceable court decision (judgement) on the prohibition of activities or certain types of activities requiring the receipt of the state service;
4) in relation to the service recipient there is an effective court judgement whereby the service recipient is deprived of a special right related to the receipt of the state service;
5) an object of religious expertise is not recommended for use and distribution on the territory of the Republic of Kazakhstan;
6) missionary activities that threaten the constitutional system, public order, human rights and freedoms, health and morality of the population.

10

Other requirements considering the specifics of rendering the state service, including those rendered in electronic form and via the State Corporation

Specifics of rendering the state service to service recipients with disabilities when applying to the service provider: the building shall be equipped with ramps for access of people with disabilities.
In case of necessity, for those service recipients who have a health impairment with persistent disorder of the functions of the organism limiting their vital activity, receipt of documents for rendering the state service shall be made by the employee of the State Corporation with a visit to their place of residence by applying via the Unified Contact Centre.
In order to get information on the procedure and status of rendering the state service in the remote access mode, the service recipient shall apply by means of contact phones placed on the official Internet resource of the service provider and the Unified Contact Centre.
To obtain a state service in electronic form, the service recipient shall apply via the Portal provided that he/she has an EDS.
Unified Contact Centre: 1414, 8-800-080-7777.
The digital document service shall be available for users authorised in the mobile application.
To use a digital document, it is required to be authorised in the mobile application using an electronic digital signature or one-time password, then go to the Digital Documents section and select the required document.


  Appendix 3
to the Rules for Providing
the State Service
“Registration and Re-Registration
of Persons Engaged in
Missionary Activities”
 
  Document form
  __________________________
(surname, first name, patronymic
(if any) (hereinafter - full name)
____________________________
(service recipient's address)

      Footnote. Appendix 3 - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 of 01.12.2022 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).

Receipt of refusal to accept an application

      Guided by paragraph 2 of Article 20, paragraph 2 of the Law of the Republic of Kazakhstan “On State Services”, department No. ____ of the branch of the Government for Citizens State Corporation (specify address) refuses to accept the application for rendering the state service due to your submission of an incomplete set of documents as per the list of basic requirements for rendering the state service “Registration and Re-Registration of Persons Engaged in Missionary Activities”, namely:

      Name of missing documents:

      1. _______________________________________________________________

      2. _______________________________________________________________

      This receipt is made in 2 copies, one for each party.

      _______________________________________________________ _____________

      Full name (if any) employee of the State Corporation (signature)

      Received on: _________________________________ ________________

      Full name (if any) of the service recipient (signature)

      Date: “___”_____________ 20__

  Appendix 4
to the Rules for Providing
the State Service
“Registration and Re-Registration
of Persons Engaged in
Missionary Activities”
 
  Document form

      Akimat _______________________________________________________

      (of the oblast, city of republican importance and the capital)

Certificate of registration (re-registration) of a missionary

      _______________________________________________

      (registration number)

the city/town ______________

“__” ______ 20__

      This certificate is issued under the Law of the Republic of Kazakhstan “On Religious Activities and Religious Associations”

      _______________________________________________________________________

      (surname, first name, patronymic (if any) of the person to whom the certificate is issued)

      hereby confirms registration (re-registration) as a missionary from “_____” __________ 20__ .

      Territory within which the missioner is engaged in iactivities____________________________

      ____________________________________________________________________________

      Date of initial registration (to be specified in case of re-registration) “__”_____ 20__

      Passport or identity card: _______________________________________

      (date of issue, number, issuing authority)

      Nationality: ____________________________________________________________

      Religious affiliation: _______________________________________

      Name of the religious association on behalf of which he/she is engaged in missionary activities:

      ________________________________________________________________________

      This certificate is valid until “__”______20__

      Official authorized by the service provider___________________________________________

      _____________________________________________________________________________

      (indicating the position, surname, first name, patronymic (if any)

      Signature_______

      Stamp here Series of form No.____of the form

  Appendix 2
to order of the
Minister of Information
and Social Development
of the Republic of Kazakhstan
No. 97 of March 31, 2020

Rules for Rendering the State Service “Approval of Activities of Foreign Religious Associations on the Territory of the Republic of Kazakhstan, Appointment by Foreign Religious Centres of Heads of Religious Associations in the Republic of Kazakhstan”

      Footnote. The Rules - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 36 dated 14.02.2022 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).

Chapter 1. General provisions

      1. These Rules for Rendering State Service “Approval of Activities of Foreign Religious Associations in the Republic of Kazakhstan, Appointment by Foreign Religious Centres of Heads of Religious Associations in the Republic of Kazakhstan” (hereinafter - the Rules) have been elaborated under sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” and establish the procedure for rendering the state service “Approval of Activities of Foreign Religious Associations in the Republic of Kazakhstan, Appointment by Foreign Religious Centres of Heads of Religious Associations in the Republic of Kazakhstan” (hereinafter - the state service).

      2. The state service shall be rendered by the Committee on Religious Affairs of the Ministry of Information and Social Development of the Republic of Kazakhstan (hereinafter - the service provider) to legal entities (hereinafter - the service recipient) in compliance with these Rules.

      The following terms are used in these Rules:

      1) religious association - a voluntary association of nationals of the Republic of Kazakhstan, foreigners and stateless persons who, in the order established by legislative acts of the Republic of Kazakhstan, have united based on the commonality of their interests to meet spiritual needs;

      2) religious activities - activities aimed at satisfying the religious needs of believers.

      2-1. Within three business days, the competent authority shall send information on amendments and (or) additions made hereto to the organisations accepting applications and issuing the results of rendering the state service, to the service providers, and to the Unified Contact Centre.

      Footnote. Chapter 1 is supplemented by paragraph 2-1 as per order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall be enacted ten calendar days after the date of its first official publication).

      3. Approvals shall be made to establish compliance with the requirements established by the laws of the Republic of Kazakhstan.

Chapter 2: Procedure for rendering a state service

      4. To obtain approval of the activities of foreign religious associations on the territory of the Republic of Kazakhstan, the service recipient shall apply with an application in the form as per Appendix 1 hereto and accompanied by documents pursuant to the list of basic requirements for rendering a state service in Appendix 3 hereto to the office of the service provider or via the Government for Citizens State Corporation (hereinafter - the State Corporation), Non-Commercial Joint-Stock Company (hereinafter - the State Corporation).

      To obtain approval of appointment of heads of religious associations by foreign religious centres in the Republic of Kazakhstan, the service recipient shall apply with a petition in the form as per Appendix 2 hereto and with the attachment of documents pursuant to the list of basic requirements for the provision of the state service as per Appendix 3 hereto to the office of the service provider or via the State Corporation.

      Footnote. Paragraph 4 - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 of 01.12.2022 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).

      5. The office of the service provider shall accept and register documents on the day of their receipt (when the service recipient applies after working hours, on weekends and public holidays under the labour legislation of the Republic of Kazakhstan, the documents shall be accepted on the following business day).

      The confirmation of acceptance of the package of documents from the service-recipient by the office of the service provider shall be the copy of the application or petition of the service-recipient with the stamp of the service provider, bearing the date, time of acceptance and number of the incoming documents, specifying the surname, name, patronymic (if any) of the person who accepted the documents.

      On the day of receipt of documents, the office of the service provider shall verify the full extent of the documents filed.

      Should the service recipient submit an incomplete package of documents, the office of the service provider shall refuse to accept the application/ petition.

      Footnote. Paragraph 5 - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall take effect upon expiry of ten calendar days after the day of its first official publication).

      6. When accepting documents via the State Corporation, the service recipient shall be provided with a receipt of acceptance of the relevant documents.

      An official of the State Corporation shall examine the completeness of the application/ petition and the package of documents and shall accept them.

      Should the service recipient file an incomplete set of documents, an employee of the State Corporation shall issue a receipt of refusal to accept the application in the form as per Appendix 4 hereto.

      The prepared application/ petition with the package of documents shall be sent to the service provider by courier, and (or) by post, and (or) via the information system.

      When applying to the State Corporation, the day of receipt of documents shall not be included in the term of rendering the state service, and the result of rendering the state service by the service provider shall be delivered to the State Corporation one day prior to the end of the term of rendering the state service.

      7. Should the service recipient provide a complete set of documents, the head of the service provider shall familiarise himself/herself with the documents presented within 1 (one) business day from the moment of their registration and appoint the responsible executive from the service provider (hereinafter referred to as the responsible executive).

      Within 8 (eight) business days the responsible executive officer shall review the documents for compliance with the requirements established by the laws of the Republic of Kazakhstan.

      Based on the results of review of the documents provided, within 1 (one) business day the responsible executive shall prepare a letter of approval in the form pursuant to Appendix 6 or 7 hereto.

      Should the service recipient fail to meet the requirements envisaged by the list of basic requirements for rendering the state service in Appendix 3 hereto, the service provider shall make a decision to refuse to render the state service.

      A notification shall be sent to the service recipient accompanied by a preliminary decision on refusal to render the state service no later than 3 (three) business days prior to its signing.

      The service recipient shall submit an objection to the preliminary decision to refuse to render a state service not later than 2 (two) business days from the date of receipt of the notification.

      Based on the results of consideration of the objection, if received from the service recipient, the service provider shall issue a letter of approval as per Appendix 6 or 7 hereto or a reasoned refusal to render the state service.

      Within 1 (one) business day, the office of the service provider shall register the result of rendering the state service with assignment of a registration number and date, and then forward it to the service recipient or to the State Corporation.

      Footnote. Paragraph 7 - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).

      8. Based on the letter of approval, the service recipient shall apply to the competent authority in the field of state registration of legal entities and record registration of branches and representative offices of the Republic of Kazakhstan for registration of a foreign religious association in the territory of the Republic of Kazakhstan or for registration (re-registration) of religious associations, record registration of branches and representative offices.

Chapter 3. The procedure for appealing decisions, actions (inaction) of the service provider and (or) its officials on the issues of rendering state services

      9. A complaint against a decision, actions (inaction) of a service provider on issues of rendering a state service shall be reviewed by an official, a superior competent authority responsible for state regulation in the sphere of religious activity, an authorised body for evaluation and control over the quality of rendering state services (hereinafter - the body reviewing the complaint) under the laws of the Republic of Kazakhstan.

      The complaint shall be filed to the service provider and (or) to the official whose decision, action (inaction) is being appealed against.

      In compliance with paragraph 2 of Article 25 of the Law of the Republic of Kazakhstan “On State Services”, the service recipient's complaint filed with the service provider shall be reviewed within 5 (five) business days from the day of its registration.

      The complaint of the service recipient, filed to the competent authority for evaluation and control over the quality of state services shall be reviewed within 15 (fifteen) business days from the date of its registration.

      The service provider, the official whose decision, action (inaction) is being appealed against, shall forward the complaint and the administrative file to the body reviewing the complaint no later than 3 (three) business days from the date of receipt of the complaint.

      Herewith, the service provider, the official whose decision, action (inaction) is being appealed shall not forward the complaint to the body examining the complaint, if within 3 (three) business days it adopts a decision or other administrative action fully satisfying the requirements specified in the complaint.

      If not otherwise envisaged by law, filing a complaint with the court shall be allowed after appealing in the pre-trial procedure.

  Appendix 1
to the Rules for Rendering
the State Service
“Approval of Activities of
Foreign Religious Associations
on the Territory
of the Republic of Kazakhstan,
Appointment by Foreign Religious
Centres of Heads of Religious
Associations in the
  Republic of Kazakhstan”
 
  Document form
 
  To the head of the service provider
________________________
(surname, first name, patronymic
(if any)
from the service recipient
________________________
(surname, first name, patronymic
(if any),
name, postal address,
сontact numbe and BIN
of the legal entity)

Application for issuance of a letter of approval for a foreign religious association to operate on the territory of the Republic of Kazakhstan

      I, ___________________________________________________________________

      (surname, first name, patronymic (if any)

      of the head of a foreign religious association)

      _____________________________________________________________________,

      (passport or other identity document (date, number, issuing authority)

      I kindly ask you to approve the activities _________________________________________

      (full name of the foreign religious association)

      ______________________________________________________________________

      on the territory of the Republic of Kazakhstan_________________________________

      _____________________________________,

      (religious affiliation of the foreign religious association)

      List of enclosed documents:

      1. __________________________________________________________

      2. __________________________________________________________

      3. __________________________________________________________

      I hereby confirm the authenticity of the data provided and give my consent to the use

      of information contained in information systems that constitutes a legally protected secret.

      Signature _______________ Date of application _____________ Stamp here

  Appendix 2
to the Rules for Rendering
the State Service
“Approval of Activities of
Foreign Religious Associations
on the Territory
of the Republic of Kazakhstan,
Appointment by Foreign Religious
Centres of Heads of
Religious Associations
in the Republic of Kazakhstan”
 
  document form
 
  To the head of the service provider
________________________
(surname, first name, patronymic
(if any)
from the service recipient
________________________
(surname, first name, patronymic
(if any),
name, postal address,
contact number and BIN
of the legal entity)

Application for the issue of a letter of approval for the appointment by a foreign religious centre of the head of a religious association in the Republic of Kazakhstan

      I hereby kindly ask you to approve the appointment in the Republic of Kazakhstan

      ______________________________________________________________________,

      (surname, first name, patronymic (if any)

      the head of a religious association in the Republic of Kazakhstan) as the head of

      _______________________________________________________________________

      (full name of a religious association in the Republic of Kazakhstan)

      _______________________________________________________________________

      (specify data on the candidate's previous activity in a foreign religious centre)

      _______________________________________________________________________

      (details of the location of the foreign religious centre)

      _______________________________________________________________________

      (details of the document (registration number, date, issuing authority, validity period)

      certifying that the founder - foreign religious centre is a legal entity under the legislation of a foreign state)

      _______________________________________________________________________

      (religious affiliation of the foreign religious association and its location)

      List of accompanying documents:

      1. ___________________________________________________________

      2. ___________________________________________________________

      3. ___________________________________________________________

      I hereby confirm the authenticity of the data provided and give my consent to the use

      of information contained in information systems that constitutes a legally protected secret.

      Signature of the service recipient ________

      Date of submission of the petition _________

      Stamp here

  Appendix 3
Rules for Rendering
the State Service
“Approval of Activities of Foreign
Religious Associations on the
Territory of the Republic
of Kazakhstan, Appointment
by Foreign Religious Centres
of Heads of Religious
Associations
in the Republic of Kazakhstan”

      Footnote. Appendix 3 - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 of 01.12.2022 (shall become effective upon expiry of ten calendar days after the day of its first official publication).

List of basic requirements for rendering the state service “Approval of Activities of Foreign Religious Associations on the Territory of the Republic of Kazakhstan, Appointment by Foreign Religious Centres of Heads of Religious Associations in the Republic of Kazakhstan”.

1

Name of the service provider

Committee for Religious Affairs of the Ministry of Information and Social Development of the Republic of Kazakhstan

2

Ways of rendering the state service

Committee for Religious Affairs of the Ministry of Information and Social Development of the Republic of Kazakhstan, Government for Citizens State Corporation

3

Term of rendering the state service

15 (fifteen) business days

4

Form of rendering the state service

On paper

5

Result of rendering the state service

Letter of approval of the activities of a foreign religious association on the territory of the Republic of Kazakhstan, appointment by foreign religious centres of the heads of religious associations in the Republic of Kazakhstan or a reasoned response on refusal to render the state service.
Form of the result of the service: on paper.
Condition of issuance of the result of rendering the state service:
via the service provider: the documents shall be issued to the service recipient by post via the office or by hand upon presentation of an identity card (or his/her representative with a notarised power of attorney) or an electronic document from the digital document service;
via the State Corporation: ready documents shall be issued to the service recipient in compliance with the working schedule of the State Corporation upon presentation of identity documents or his/her representative acting under a document issued in compliance with the civil legislation of the Republic of Kazakhstan specifying the relevant powers of the representative;
Condition of storage of unclaimed documents by the Service Provider, State Corporation in due time:
Should the service recipient fail to apply for the result of the state service within the specified term, the service provider shall ensure their storage at the place of reception until the service recipient receives them.
The State Corporation shall ensure storage of the documents for 1 (one) month, after which it shall transfer it to the service provider for further storage for 1 (one) year.
Should the service recipient apply after 1 (one) month, at the request of the State Corporation, the service provider shall forward the completed result of the state service to the State Corporation for issuance to the service recipient within 10 (ten) business days.

6

The amount of payment charged from the service recipient when rendering the state service and ways of its collection in cases stipulated by the laws of the Republic of Kazakhstan

Free of charge

7

Working hours of the service provider, the State Corporation and information objects

1) of the Service Provider - from Monday to Friday, as per the established working schedule from 9.00 a.m. to 6.30 p.m. Astana time, excluding weekends and public holidays under the labour legislation of the Republic of Kazakhstan with a lunch break from 1.00 p.m. to 2.30 p.m.
2) of the State Corporation - acceptance of applications and issuance of prepared results of state services shall be made from Monday to Friday inclusive from 9.00 a.m. to 6.00 p.m. without a break, on-duty departments of population service of the State Corporation from Monday to Friday inclusive from 9.00 a.m. to 8.00 p.m. and on Saturday from 9.00 a.m. to 1.00 p.m. excluding holidays and weekends under the Labour Code of the Republic of Kazakhstan;
The state service shall be rendered at the location of the service provider in the order of electronic queue, without accelerated service, it is possible to book an electronic queue via the Portal;
The addresses of the places of rendering the state service are placed on the:
Internet resource of the service provider: www.qogam.gov.kz;
Internet resource of the State Corporation: www.gov4c.kz;

8

List of documents and data required from the service recipient for rendering the state service

List of documents required for approval of activities of a foreign religious association on the territory of the Republic of Kazakhstan when the service recipient (or his/her representative by power of attorney) applies to the service provider or via the State Corporation (upon presentation of an identity document for identification of the person) or an electronic document from the digital document service:
1) an application in the form as per Appendix 1 hereto;
2) a document confirming the location of the foreign religious association;
3) a legalised or apostilled document certifying that the founder - a foreign religious association is a legal entity under the laws of a foreign state, with a translation in the Kazakh and Russian languages, the fidelity thereof certified under Article 80 of the Law of the Republic of Kazakhstan “On Notaries”;
4) the list of citizen-initiators of the religious association to be established, in the form as per Appendix 5 hereto;
5) printed religious materials revealing the history of the origin and fundamentals of the beliefs of a foreign religious association and containing data on the religious activity corresponding to it;
6) a copy of the charter (regulations) of a foreign religious association approved by the body of the legal entity with a notarised translation in the Kazakh and Russian languages.
List of documents required for approval of appointment by foreign religious centres of heads of religious associations in the Republic of Kazakhstan, when the service recipient (or his/her representative by power of attorney) applies to the service provider or via the State Corporation (upon presentation of an identity document for identification of the person) or an electronic document from the digital document service:
1) a petition in the form as per Appendix 2 hereto;
2) a decision of a foreign religious centre to appoint a candidate as a head of a religious association operating in the territory of the Republic of Kazakhstan;
3) a copy of the passport or identity card of a candidate for the position of the head of a religious association.
Should documents be filed in a foreign language, a notarised translation into Kazakh and Russian with the authenticity of the signature of the translator who performed the translation notarised in the Republic of Kazakhstan shall be submitted.

9

Grounds for refusal to render the state service established by the laws of the Republic of Kazakhstan

When refusing to approve the activities of a foreign religious association on the territory of the Republic of Kazakhstan, the service provider shall forward a reply to the service recipient stating the reasons for the refusal:
1) where the activities of religious associations are aimed at establishing the supremacy of one religion in the state, inciting religious enmity or discord, including those related to violence or calls to violence and other unlawful acts;
2) if the activities of religious associations are aimed at forcing nationals of the Republic of Kazakhstan, foreigners and stateless persons to determine their attitude to religion, to participate or not to participate in the activities of a religious association, in religious rituals and (or) in teaching religion;
3) if the activities of religious associations are aimed at violence against nationals of the Republic of Kazakhstan, foreigners and stateless persons or other harm to their health or at the dissolution of marriage between spouses (family breakdown) or termination of kinship relations, damage to morality, violation of human and civil rights and freedoms, inducing nationals to refuse to fulfil the obligations envisaged by the Constitution and laws of the Republic of Kazakhstan, and other violation of the legislation of the Republic of Kazakhstan;
4) if the activities of religious associations are aimed at forcibly involving nationals of the Republic of Kazakhstan, foreigners and stateless persons in their activities, including through charity, and (or) preventing them from leaving a religious association, including via blackmail, violence or the threat thereof, using material or other dependence of nationals of the Republic of Kazakhstan, foreigners and stateless persons, or through deception;
5) if the activities of religious associations are aimed at forcing participants (members) of the religious association and religious followers to alienate property belonging to them in favour of the religious association, its leaders and other participants (members);
6) if the activities of religious associations are aimed at inducing decisions and actions using religion and religious views that are known to be capable of disorganising the activities of public authorities, disrupting their smooth functioning and reducing the degree of governability in the country;
7) determining the unreliability of the documents submitted by the service recipient to receive a state service and (or) the data (information) contained therein;
8) provision of an incomplete set of documents as per paragraph 8 of the list of basic requirements for rendering state services, and (or) documents with expired validity period;
9) in respect of the service recipient there is an effective court decision (judgement) on the prohibition of activities or certain types of activities requiring the receipt of state services;
10) the service recipient is subject to an enforceable court judgement based on which the service recipient is deprived of a special right related to the receipt of state services.
Should the service provider refuse to approve the appointment by foreign religious centres of heads of religious associations in the Republic of Kazakhstan, the service provider shall forward a reply to the service recipient stating the reasons for the refusal:
1) if the activities of the head of a religious association in the Republic of Kazakhstan may threaten the constitutional system, public order, human rights and freedoms, health and morals of the population;
2) establishing the unreliability of the documents presented by the service recipient to receive a state service and (or) the data (information) contained therein;
3) provision of an incomplete set of documents pursuant to paragraph 8 of the list of basic requirements for rendering a state service, and (or) documents with expired validity period;
4) in respect of the service recipient there is an effective court decision (judgement) on the prohibition of activities or certain types of activities requiring the receipt of a state service;
5) the service recipient has an effective court decision, based on which the service recipient is deprived of a special right related to the receipt of a state service..

10

Other requirements considering the specifics of rendering the state service, including those rendered in electronic form and via the State Corporation

Other requirements with regard to the peculiarities of rendering state services:
Service recipients who, pursuant to the procedure prescribed by law, have a complete or partial loss of the ability or opportunity to perform self-service, to move independently, to orientate themselves, the documents for rendering a state service shall be accepted by an employee of the State Corporation with a visit to the place of residence by applying via the Unified Contact Centre.
To obtain information on the procedure and status of rendering the state service in the remote access mode, the service recipient shall apply by means of contact numbers placed on the official Internet resource of the service provider and the Unified Contact Centre.
Unified Contact Centre: 1414, 8-800-080-7777
The digital document service shall be available for users authorised in the mobile application.
To use a digital document, it is required to be authorised in the mobile application using an electronic digital signature or one-time password, then go to the Digital Documents section and select the required document.


  Appendix 4
to the Rules for Rendering
the State Service
“Approval of Activities of
Foreign Religious Associations
on the Territory of the
Republic of Kazakhstan,
Appointment by Foreign
Religious Centres of Heads
of Religious Associations
in the Republic of Kazakhstan”

      Footnote. Appendix 4 - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall be put into effect ten calendar days after the date of its first official publication).

  Document form
  ____________________________
(surname, first name, patronymic
(if any) (hereinafter - full name)
___________________________
(service recipient's address)

Receipt of refusal to accept the application/ petition

      Guided by paragraph 2 of Article 20 of the Law of the Republic of Kazakhstan

      “On State Services”, Department No.____ of the branch of the Government

      for Citizens State Corporation___________________________________________

      (specify address)

      refuses to accept the application/ petition for rendering the state service due to

      presentation by you of an incomplete set of documents as per the list of basic

      requirements for rendering the state service “Approval of Activities of Foreign

      Religious Associations on the Territory of the Republic of Kazakhstan, Appointment

      by Foreign Religious Centres of Heads of Religious Associations

      in the Republic of Kazakhstan”, namely:

      Name of missing documents:

      1. ___________________________________________________________

      2. ___________________________________________________________

      3.___________________________________________________________

      This receipt has been drawn up in 2 copies, one for each party.

      ________________________________________ ____________

      Full name (employee of the State Corporation) (signature)

      Received by: ________________________________ ____________

      Full name (if any) of the service recipient (signature)

      Date: “____” ____________ 20__ .

  Appendix 5
to the Rules for Rendering
the State Service
“Approval of Activities of
Foreign Religious Associations
on the Territory of the
Republic of Kazakhstan,
Appointment by Foreign
Religious Centres of Heads
of Religious Associations
in the Republic of Kazakhstan”

List of initiators of the religious association to be established

      _________________________________________________________
(name of the religious association)
_________________________________________________________
(region, the cities of Nur-Sultan, Almaty and Shymkent)

No. s/o

Surname, first name and patronymic (if any)

Day, month and year of birth

Details of the identity document of a national of the Republic of Kazakhstan, IIN

Residential address, home and office telephone numbers

Personal signature

1

2

3

4

5

6

  Appendix 6
to the Rules for Rendering
the State Service
“Approval of Activities of
Foreign Religious Associations
on the Territory of the
Republic of Kazakhstan,
Appointment by Foreign
Religious Centres of Heads
of Religious Associations in
  the Republic of Kazakhstan”

Approval of activities of a foreign religious association on the territory of the Republic of Kazakhstan

      No.______ date “___” ___________20___

      Issued to _________________________________________________________________

      (surname, first name, patronymic (if any)

      of the head of a foreign religious association)

      and approves the activities ______________________________________________

      ________________________________________________________________________

      (full name of the foreign religious association) on the territory of the Republic of Kazakhstan under the Law of the Republic of Kazakhstan “On Religious Activities and Religious Associations”.

  Appendix 7
to the Rules for Rendering
the State Service
“Approval of Activities of
Foreign Religious Associations
on the Territory of the
Republic of Kazakhstan,
Appointment by Foreign
Religious Centres of Heads
of Religious Associations
in the Republic of Kazakhstan”

Approval of appointment by foreign religious centres of heads of religious associations in the Republic of Kazakhstan

      No.______ date “___” ___________20___

      Issued to _______________________________________________________________

      (full name of the foreign religious centre)

      and approves the appointment ______________________________________________

      _______________________________________________________________________

      (surname, first name, patronymic (if any)

      of the head of a religious association in the Republic of Kazakhstan)

      as the head of __________________________________________________________

      _______________________________________________________________________

      _______________________________________________________________________

      (full name of a religious association in the Republic of Kazakhstan)

      _______________________________________________________________________

      under the Law of the Republic of Kazakhstan “On Religious Activities and Religious Associations”.

  Appendix 3 to order
of the Minister of Information
and Social Development
of the Republic of Kazakhstan
No. 97 of March 31, 2020

Rules for Rendering the State Service “Issuance of a Decision on Approval of the Location of Special Fixed Premises for Distribution of Religious Literature and Other Information Materials of Religious Content, Religious Items”

      Footnote. The Rules - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 36 of 14.02.2022 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).

Chapter 1: General provisions

      1. These Rules for Rendering the State Service “Issuing a Decision on Approval of Location of Special Stationary Premises for Distribution of Religious Literature and Other Information Materials of Religious Content, Religious Items” (hereinafter - Rules) have been developed under sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” and establish the procedure for rendering the State Service “Issuing a Decision on Approval of Location of Special Stationary Premises for Distribution of Religious Literature and Other Information Materials of Religious Content, Religious Items” (hereinafter - Rules).

      2. The state service hereunder shall be rendered by local executive bodies of regions, the cities of Nur-Sultan, Almaty and Shymkent (hereinafter - the service provider) to natural persons and legal entities (hereinafter - the service recipient).

      The following terms are used herein:

      1) a special stationary premise for distribution of religious literature and other information materials of religious content, religious items (hereinafter - stationary premise) - a capital stationary structure or a separate part thereof, located outside religious buildings (constructions), provided with commercial, auxiliary, administrative and household premises, as well as premises for receiving, storing and preparing for sale religious literature, information materials of religious content, religious items;

      2) a religious association - a voluntary association of nationals of the Republic of Kazakhstan, foreigners and stateless persons who, under the procedure laid down by the legislative acts of the Republic of Kazakhstan, have united on the grounds of commonality of their interests for the fulfilment of spiritual needs;

      3) religious activities - activities aimed at satisfying the religious needs of believers.

      2-1. Within three business days, the competent authority shall send information on amendments and (or) additions made hereto to the organisations accepting applications and issuing the results of rendering the state service, to the service providers, and to the Unified Contact Centre.

      Footnote. Chapter 1 is supplemented by paragraph 2-1 as per order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 of 01.12.2022 (shall come into effect ten calendar days after the day of its first official publication).

Chapter 2: Procedure for rendering a state service

      3. In order to receive a state service, the service recipient shall apply with an application in the form as per Appendix 1 hereto and with enclosed documents as per the list of basic requirements for rendering a state service in Appendix 2 hereto to the office of the service provider or via the Government for Citizens State Corporation Non-Commercial Joint-Stock Company (hereinafter referred to as the State Corporation) and the e-government web portal www.egov.kz, www.elicense.kz (hereinafter referred to as the Portal).

      Details of identity documents and state registration (re-registration) of a religious association shall be obtained by the employee of the State Corporation and (or) the service provider from the relevant state information systems via the e-government gateway.

      Footnote. Paragraph 3 - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall become effective upon expiry of ten calendar days after the day of its first official publication).

      4. Should a service recipient submit an incomplete set of documents, as well as documents with expired validity period, an employee of the State Corporation shall refuse to accept the application and issue a receipt of refusal to accept the documents in the form as per Appendix 3 hereto.

      When accepting documents via the State Corporation, the service recipient shall be issued a receipt of acceptance of the relevant documents.

      The prepared application with the package of documents shall be forwarded to the service provider by courier and (or) by post, and (or) via the information system.

      When applying to the State Corporation, the day of receipt of documents shall not be included in the term of rendering the state service, and the result of rendering the state service by the service provider shall be delivered to the State Corporation one day prior to the end of the term of rendering the state service.

      The office of the service provider shall accept and register documents on the day of their receipt (when the service recipient applies after working hours, on weekends and public holidays according to the labour laws of the Republic of Kazakhstan, acceptance of the application and issuance of the result of rendering the state service shall be performed on the next business day).

      The confirmation of acceptance of the package of documents by the office of the service provider shall be a copy of the service recipient's application with the stamp of the service provider, bearing the date, time of acceptance and number of incoming documents, indicating the surname, first name, patronymic (if any) of the person who accepted the documents.

      Should the service recipient present an incomplete set of documents and (or) documents with expired validity period, the service provider shall refuse to accept the application.

      When applying via the Portal, the service recipient shall receive information on the status of consideration of the request for state service, as well as a notification specifying the date and time of receiving the result of the state service in the personal profile.

      When applying via the Portal, within 2 (two) business days from the moment of registration of the documents submitted, the service provider shall review their completeness, and in case the applicant submits an incomplete set of documents, prepare a motivated refusal to further consider the application.

      5. When a complete set of documents is filed, within 1 (one) business day the head of the service provider shall determine the responsible executive of the service provider (hereinafter referred to as the responsible executive).

      Within 1 (one) business day, the responsible executive officer shall familiarise himself/herself with the documents of the service recipient and examine the information in the documents presented for authenticity.

      Within 10 (ten) business days the responsible executive shall agree with the structural subdivisions of the service provider the draft decision on approval of location of special stationary premises for distribution of religious literature and other information materials of religious content, religious items, if needed, send a request to public authorities.

      Within 6 (six) business days, the responsible executive officer shall prepare a decision on approval of the location of special stationary premises for distribution of religious literature and other information materials of religious content, religious items in hard copy.

      In case of non-compliance of the service recipient with the requirements envisaged by the list of basic requirements for rendering the state service under Appendix 2 hereto, the service provider shall make a decision to refuse to render the state service.

      The service recipient shall be notified with a preliminary decision on refusal to render a state service no later than 3 (three) business days prior to its signature.

      The service recipient shall file an objection to the preliminary decision to refuse to render a state service not later than 2 (two) business days from the date of receipt of the notification.

      Following the results of consideration of objections, if received from the service recipient, the service provider shall issue a decision on approval of the location of special stationary premises for distribution of religious literature and other information materials of religious content, religious items or a reasoned refusal to render a state service, which shall be forwarded to the service recipient or to the State Corporation.

      On the Portal, the result of rendering the state service – an electronic copy of the decision on approval of the location of special stationary premises for distribution of religious literature and other information materials of religious content, religious items shall be directed to the personal profile of the service recipient in the form of an electronic document signed by the EDS of the authorised person of the service provider.

      Should the service recipient apply for a hard copy of the result of the state service, a copy of the decision shall be issued bearing the seal and signature of the authorised person of the service provider.

      Footnote. Paragraph 5 - as reworded by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall be put into effect upon expiry of ten calendar days after the day of its first official publication).

Chapter 3. Procedure for appealing against decisions, actions (inaction) of the service provider and (or) its officials on the issues of rendering state services

      6. Under the legislation of the Republic of Kazakhstan, a complaint against a decision, actions (inaction) of a service provider on issues of rendering a state service shall be reviewed by an official, a superior competent authority responsible for state regulation in the sphere of religious activities, a competent authority for evaluation and control over the quality of rendering state services (hereinafter - an authority reviewing the complaint).

      A complaint shall be filed to the service provider and (or) to the official whose decision, action (inaction) is being appealed against.

      In accordance with paragraph 2 of Article 25 of the Law of the Republic of Kazakhstan “On State Services”, the service recipient's complaint received by the service provider shall be reviewed within 5 (five) business days from the day of its registration.

      The complaint of the service recipient, addressed to the competent authority for evaluation and control over the quality of state services shall be examined within 15 (fifteen) business days from the day of its registration.

      The service provider, the official whose decision, action (inaction) is being appealed against shall forward the complaint and the administrative file to the authority examining the complaint no later than 3 (three) business days from the date of receipt of the complaint.

      Herewith, the service provider, the official whose decision, action (inaction) is being appealed shall not forward the complaint to the authority considering the complaint, if within 3 (three) business days it/he/she adopts a decision or other administrative action that fully meets the requirements specified in the complaint.

      Except as otherwise envisaged by law, filing a complaint with the court shall be allowed after appealing in the pre-trial procedure.

  Appendix 1
to the Rules for Rendering
the State Service
“Issuance of a Decision on
Approval of the Location
of Special Fixed
Premises for Distribution
of Religious Literature and
Other Information Materials
of Religious Content,
Religious Items”
 
  Document form
 
  to the service provider
____________________________
(position, surname, name, patronymic
(if any) of an official
authorised by the service provider)
from the service recipient
____________________________
(surname, first name, patronymic
(if any), address,
telephone number and BIN
of a natural person and, (or) name,
postal address, telephone number
and BIN of a legal entity)

Application

      I kindly ask you to issue a decision on approval of the location of the special stationary

      premises for distribution of religious literature and other information materials

      of religious content, religious items, located at the address of:

      ______________________________________________________________________

      ______________________________________________________________________.

      List of enclosed documents:

      1.____________________________________________________________

      2.____________________________________________________________

      3.____________________________________________________________

      4.____________________________________________________________

      I hereby confirm the authenticity of the information presented and give my consent

      to the use of information contained in information systems that constitutes a legally protected secret.

      Signature______________ Date of filing the application ____________

      Stamp here (for a legal entity)

  Appendix 2
to the Rules for Rendering
the State Service
“Issuance of a Decision on
Approval of the Location
of Special Fixed
Premises for Distribution
of Religious Literature and
Other Information Materials
of Religious Content,
Religious Items”

      Footnote. Appendix 2 - as reworded by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall go into effect upon expiry of ten calendar days after the day of its first official publication).

List of basic requirements for rendering the state service
“Issuance of a Decision on Approval of the Location of Special Fixed Premises for Distribution of Religious Literature and Other Information Materials of Religious Content, Religious Items”

1

Name of the service provider

Local executive bodies of regions, the cities of Astana, Almaty and Shymkent

2

Ways of rendering the state service

Local executive bodies of regions, the cities of Astana, Almaty and Shymkent, Government for Citizens State Corporation, e-Government web portal www.egov.kz

3

Term of rendering the state service

23 (twenty-three) business days

4

Form of rendering the state service

Electronic (partially automated)/paper based

5

Result of rendering the state service

Decision on approval of the location of special stationary premises for distribution of religious literature and other information materials of religious content, religious items, or a reasoned response on refusal to grant the state service.
Form of rendering the result of the state service - electronic (partially automated) on paper.
Condition for issuing the result of rendering the state service:
via the service provider: the documents shall be issued to the service recipient by mail via the office of the service provider or by hand upon presentation of an identity card (or its representative with a notarised power of attorney) upon presentation of a copy of the service recipient's application with the service provider's seal;
via the State Corporation: ready documents shall be issued to the service recipient in compliance with the working hours of the State Corporation upon presentation of identity documents or his/her representative acting under a document issued under the civil laws of the Republic of Kazakhstan, specifying the relevant powers of the representative;
via the Portal: the result of the state service shall be forwarded to the "personal profile" of the service recipient in the form of an electronic document signed by an electronic digital signature (hereinafter - EDS) of the authorised person of the service provider.
The State Corporation shall ensure the storage of the result for 1 (one) month, after which it shall transfer it to the service provider for further storage for 1 (one) year. If the service recipient applies after 1 (one) month, at the request of the state corporation, within 10 (ten) business days the service provider shall send the ready result of rendering the state service to the state corporation for issuing to the service recipient.

6

The amount of payment charged from the service recipient when rendering the state service and ways of its collection in cases stipulated by the laws of the Republic of Kazakhstan

Free of charge

7

Working hours of the service provider, the State Corporation and information objects

1) of the service provider - from Monday to Friday, as per the established working hours from 9.00 a.m. to 6.30 p.m., excluding weekends and public holidays, under the labour legislation of the Republic of Kazakhstan, with a lunch break from 1.00 p.m. to 2.30 p.m.;
2) of the State Corporation - acceptance of applications and issuance of final results of state services shall be made from Monday to Friday inclusive from 9.00 a.m. to 6.00 p.m. without a break, on-duty departments of population service of the State Corporation from Monday to Friday inclusive from 9.00 a.m. to 8.00 p.m. and on Saturday from 9.00 a.m. to 1.00 p.m. excluding holidays and weekends as per the Labour Code of the Republic of Kazakhstan;
The state service shall be rendered at the location of the service provider in the order of electronic queue, without accelerated service, it is available to book an electronic queue via the Portal;
3) of the Portal - round the clock, excluding technical interruptions due to repair works (when the service recipient applies after working hours, on weekends and holidays under the labour legislation of the Republic of Kazakhstan, application acceptance and issuance of the result of the state service shall be performed on the next business day).
The addresses of the places where the state service is rendered are posted on:
the internet resource of the service provider: www.qogam.gov.kz;
the Internet resource of the State Corporation: www.gov4c.kz;
the Portal: www.elicense.kz.

8

List of documents and data required from the service recipient for rendering the state service

Upon application of the service recipient (or its representative by power of attorney) to the service provider and to the State Corporation (upon presentation of an identity document for identification of the person), the following shall be presented:
1) an application in the form as per Appendix 1 to these Rules for Rendering the State Service;
2) a statement of justification on the location of special stationary premises for the distribution of religious literature and other information materials of religious content, religious items in any form, signed by the service recipient (specifying the number of commercial, auxiliary, administrative and domestic premises, as well as premises intended for receiving, storing and preparing for sale religious literature and other information materials of religious content, religious items; the purpose of establishment of the premises; absence of buildings of educational organisations (if there is no adjacent territory), excluding faith-based (religious) educational organisations, within three hundred metres of the building (structure) where the premises are located);
3) a letter of consent of the owner to use the premises for distribution of religious literature and other information materials of religious content, religious items (to be presented in the case of leased premises).
The documents envisaged in sub-paragraphs 2) and 3) of this paragraph shall be presented with the date specified not earlier than three months prior to the submission of the application.
When applying via the Portal:
1) an application in the form of an electronic document signed by the service recipient's EDS;
2) an electronic copy of the statement of justification for the location of special stationary premises for the distribution of religious literature and other information materials of religious content, religious items in any form, signed by the service recipient (stating the number of commercial, auxiliary, administrative and domestic premises, as well as premises designated for receiving, storing and preparing for sale religious literature and other information materials of religious content, religious items; the purpose of establishment of the premises; absence of buildings of educational organisations (if there is no adjacent territory), excluding spiritual (religious) educational organisations, within three hundred metres of the building (structure) where the premises are located);
3) an electronic copy of the letter of consent of the owner to use the premises for distribution of religious literature and other information materials of religious content, religious items (provided in case of leased premises).
Electronic copies of the documents envisaged in sub-paragraphs 2) and 3) of this paragraph shall be submitted with the date specified not earlier than three months prior to the submission of the application.

9

Grounds for refusal to render the state service established by the laws of the Republic of Kazakhstan

1) establishing the unreliability of the documents supplied by the service recipient to receive a state service and (or) the data (information) contained therein;
2) non-conformity of the service recipient and (or) presented materials, objects, data and information needed for rendering a state service to the requirements established by the normative legal acts of the Republic of Kazakhstan;
3) in respect of the service recipient there is an effective court decision (judgement) on the prohibition of activities or certain types of activities requiring the receipt of a state service;
4) the service recipient is subject to an enforceable court judgement based on which the service recipient is deprived of a special right related to the receipt of a state service.

10

Other requirements considering the specifics of rendering the state service, including those rendered in electronic form and via the State Corporation

Specifics of rendering the state service to service recipients with disabilities when applying to the service provider: the building is equipped with ramps designed for access of people with disabilities.
In case of necessity, the documents for rendering the state service shall be accepted by an employee of the State Corporation with a visit to the place of residence by applying via the Unified Contact Centre to the recipients of services who have a health disorder with an enduring disorder of the functions of the organism limiting his/her vital activity.
To obtain information on the procedure and status of rendering the state service in the remote access mode, the service recipient shall apply by means of contact phones placed on the official Internet resource of the service provider and the Unified Contact Centre.
To obtain a state service in electronic form, a service recipient shall apply via the Portal provided that he/she has an EDS.
Unified Contact Centre:1414, 8-800-080-7777


  Appendix 3
to the Rules for Rendering
the State Service
“Issuance of a Decision on
Approval of the Location
of Special Fixed Premises
for Distribution of Religious Literature
and Other Information Materials of Religious
Content, Religious Items by the Local
  Executive Bodies”

      Footnote. Appendix 3 - as reworded by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall become effective upon expiry of ten calendar days after the day of its first official publication).

  Document form
  ___________________________
(surname, first name, patronymic
(if any) (hereinafter - full name),
or the name of the recipient organisation)
____________________________
(service recipient's address)

Receipt of refusal to accept an application

      Guided by paragraph 2 of Article 20 of the Law of the Republic of Kazakhstan “On State Services”, Department No. _____ of the branch of the Government for Citizens State Corporation (specify address) refuses to accept the application for rendering the state service __________________________ due to your presentation of an incomplete set of documents as per the list of basic requirements for rendering the state service “Issuance of a Decision on Approval of Location of Special Stationary Premises for Distribution of Religious Literature and Other Information Materials of Religious Content, Religious Items”, namely:

      Name of missing documents:

      1. ___________________________________________________________

      2. ___________________________________________________________

      3. ___________________________________________________________

      This receipt has been drawn up in 2 copies, one for each party.

      ___________________________________________________ ____________

      Full name (an employee of the State Corporation) (signature)

      Received by: ___________________________________________ ____________

      Full name (if any) of the service recipient (signature)

      Date: “____” ______________ 20___

  Appendix 4
to order of the
Minister of Information and
Social Development
of the Republic of Kazakhstan
No. 97 of March 31, 2020

      Footnote. The upper right corner of Appendix 4 - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall become effective ten calendar days after the date of its first official publication); the text in Kazakh is amended, the text in Russian is not changed by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 551 of 15.12.2022 (shall be put into effect ten calendar days after the date of its first official publication).

Rules for Rendering the State Service “Issuing a Decision on the Construction of Religious Buildings (Structures), Determining Their Location”

      Footnote. The Rules - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 36 dated 14.02.2022 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).

Chapter 1. General provisions

      1. Rules for Rendering the State Service “Issuing a Decision on the Construction of Religious Buildings (Structures), Determining Their Location” (hereinafter referred to as the Rules) have been elaborated under sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” and establish the procedure for rendering the state service “Issuing a Decision on Construction of Religious Buildings (Structures), Determination of their Location” (hereinafter - the state service).

      2. The state service hereunder shall be rendered by local executive bodies of regions, the cities of Nur-Sultan, Almaty and Shymkent (hereinafter - the service provider) to natural persons and legal entities (hereinafter - the service recipient).

      The following terms are used herein:

      1) a religious building (structure) - a place intended for divine services, prayer and religious meetings, religious veneration (pilgrimage).);

      2) a religious association - a voluntary association of nationals of the Republic of Kazakhstan, foreigners and stateless persons who, under the procedure established by legislative acts of the Republic of Kazakhstan, have united based on the commonality of their interests to meet spiritual needs;

      3) religious activities - activities aimed at satisfying the religious needs of believers.

      2-1. Within three business days, the competent authority shall send information on amendments and (or) additions made hereto to the organisations accepting applications and issuing the results of rendering the state service, to the service providers, and to the Unified Contact Centr.

      Footnote. Chapter 1 is supplemented by paragraph 2-1 as per order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall be enacted upon expiry of ten calendar days after the day of its first official publication).

Chapter 2. Procedure for rendering the state service

      3. In order to receive a state service, a service recipient shall apply with an application in the form as per Appendix 1 hereto and accompanied by documents pursuant to the list of basic requirements for rendering a state service as per Appendix 2 hereto via the e-government web portal www.egov.kz, www.elicense.kz (hereinafter referred to as the Portal).

      Details of identity documents and state registration (re-registration) of a religious association shall be obtained by the employee of the State Corporation and (or) the service provider from the relevant state information systems via the e-government gateway.

      Footnote. Paragraph 3 - as reworded by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall become effective ten calendar days after the date of its first official publication).

      4. The office of the service provider shall accept and register documents on the day of their receipt (when the service recipient applies after working hours, on weekends and public holidays under the labour legislation of the Republic of Kazakhstan, acceptance of the application and issuance of the result of the state service shall be performed on the next business day).

      The service recipient shall be notified via the personal profile on the status of consideration of the request for the state service, as well as notified of the date and time of receipt of the result of the state service.

      Within 2 (two) business days from the moment of registration of the documents provided, the service provider shall examine their completeness, and in case the applicant submits an incomplete set of documents, prepare a reasoned refusal to further consider the application.

      5. When a complete set of documents is submitted, the head of the service provider shall appoint the responsible executive of the service provider (hereinafter referred to as the responsible executive) within 1 (one) business day).

      Within 1 (one) business day, the responsible executor shall familiarise himself/herself with the documents of the service recipient and examine the data indicated in the submitted documents for accuracy.

      Within 10 (ten) business days, the responsible executive shall agree with the structural subdivisions of the service provider on the draft decision on construction of religious buildings (structures), determination of their location decision on construction of religious buildings (structures), determination of their location.

      Within 4 (four) business days, the responsible executive shall prepare a decision on construction of religious buildings (structures), determination of their location.

      In case of non-compliance of the service recipient with the requirements stipulated by the list of basic requirements for rendering the state service as per Appendix 2 hereto, the service provider shall make a decision to refuse to render the state service.

      The service recipient shall be sent a notification accompanied by a preliminary decision on refusal to render a state service no later than 3 (three) business days prior to its signing.

      The service recipient shall file an objection to the preliminary decision to refuse to render a state service not later than 2 (two) business days from the date of receipt of the notification.

      Following the results of consideration of objections, if received from the service recipient, the service provider shall issue a decision on construction of religious buildings (structures), determination of their location or a reasoned refusal in rendering the state service, which shall be sent to the service recipient.

      Via the Portal the result of rendering the state service - an electronic copy of the decision on construction of religious buildings (structures), determination of their location is sent to the personal profile of the service recipient in the form of an electronic document signed by the EDS of the authorised person of the service provider.

      Footnote. Paragraph 5 - as amended by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall become effective ten calendar days after the date of its first official publication); the text in the Kazakh language is amended, the text in the Russian language is not changed by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 551 dated 15.12.2022 (shall be entered into force ten calendar days after the date of its first official publication).

Chapter 3. Procedure for appealing against decisions, actions (inaction) of the service provider and (or) its officials on the issues of rendering state services

      6. A complaint against a decision, actions (inaction) of a service provider on the issues of rendering a state service shall be examined by an official, a superior competent authority responsible for state regulation in the sphere of religious activities, a competent authority for evaluation and control over the quality of rendering state services (hereinafter - an authority examining a complaint) under the laws of the Republic of Kazakhstan.

      The complaint shall be filed to the service provider and (or) to the official, whose decision, action (inaction) is appealed.

      Under paragraph 2 of Article 25 of the Law of the Republic of Kazakhstan “On State Services”, a complaint of a service recipient filed to the service provider shall be examined within 5 (five) business days from the date of its registration.

      The complaint of the service recipient, filed to the competent authority for evaluation and control over the quality of state services shall be examined within 15 (fifteen) business days from the date of its registration.

      The service provider, the official whose decision, action (inaction) is being appealed against, shall forward the complaint and the administrative file to the authority examining the complaint no later than 3 (three) business days from the date of receipt of the complaint.

      However, the service provider, the official whose decision, action (inaction) is being appealed against shall not send the complaint to the authority considering the complaint, if it takes a decision or other administrative action within 3 (three) business days that fully meets the requirements specified in the complaint.

      If otherwise not stipulated by law, appealing to the court shall be allowed after appealing in the pre-trial procedure.

  Appendix 1
to the Rules for Rendering
the State Service
“Issuing a Decision
on the Construction
of Religious Buildings
(Structures), Determining
  Their Location”
 
  Document form
 
  to the service provider
____________________________
(position, surname, name,
  patronymic (if any)
official of the service provider)
from the service recipient
____________________________
(surname, first name, patronymic
(if any), address,
phone number and IIN
of an individual and
(or) the name,
postal address, telephone number and
BIN of the legal entity)

Application

      I kindly ask you to issue a decision on the construction of a religious building (structure) at the following address:

      ___________________________________________________________________

      Religious building (construction)

      ___________________________________________________________________

      (religious affiliation)

      Source of financing for the construction of a religious building (structure)

      ___________________________________________________________________

      Capacity of a religious building (structure) ___________________________

      (the number of parishioners)

      List of documents required:

      1. ____________________________________________________________

      2. ____________________________________________________________

      3. ____________________________________________________________

      4. ____________________________________________________________

      I hereby confirm the authenticity of the data provided and give my consent

      to the use of information contained in information systems that constitutes a legally protected secret.

      Signature of the service recipient ______ Date of filing an application ___________

      Stamp here (for a legal entity)

  Appendix 2
to the Rules for Rendering
  the State Service
“Issuing a Decision on the Construction
of Religious Buildings
(Structures), Determining
  Their Location”

      Footnote. Appendix 2 - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall be put into effect upon expiry of ten calendar days after the day of its first official publication).

List of basic requirements for Rendering the State Service “Issuing a Decision on the Construction of Religious Buildings (Structures), Determining Their Location”

1

Name of the service provider

Local executive bodies of regions, the cities of Astana, Almaty and Shymkent

2

Ways of rendering the state service

e-government web portal www.egov.kz

3

Срок оказания государственной услуги

22 (twenty-two) business days

4

Form of rendering the state service

Electronic (fully automated)

5

Result of rendering the state service

Decision on construction of religious buildings (structures), determination of their location or motivated response on refusal in rendering the state service.
The form of rendering the result of the state service shall be electronic.
The result of rendering the state service shall be forwarded to the personal profile of the service recipient in the form of an electronic document signed by an electronic digital signature (hereinafter - EDS) of the authorised person of the service provider.

6

The amount of payment charged from the service recipient when rendering the state service and ways of its collection in cases stipulated by the laws of the Republic of Kazakhstan

Free of charge

7

Working hours of the service provider, the State Corporation and information objects

of the Portal - round the clock, excluding technical interruptions due to repair works (when the service recipient applies after working hours, on weekends and holidays as per the labour laws of the Republic of Kazakhstan, application acceptance and issuance of the result of rendering the state service shall be performed on the next business day).
The addresses of the places of rendering the state service are placed on:
the internet resource of the service provider: www.qogam.gov.kz;
the Portal: www.elicense.kz

8

List of documents and data required from the service recipient for rendering the state service

1) an application in the form of an electronic document signed by the service recipient's EDS;
2) an electronic copy of the certificate - justification for the construction of a religious building (structure) in any form, signed by the head of the registered religious association (stating the name of the religious building (structure) and the religious association to which it will belong, the purpose of construction, the number of parishioners who need to meet their spiritual needs in the administrative-territorial unit (village, settlement, rural district, district in the city, town, district, region) of the candidate clergyman of the religious building (structure);
3) an electronic copy of the decision of the local community meeting (assembly) or the decision of the meeting of the owners of premises (flats), acting on the territory where the construction of a religious building (structure) is planned, on consent to the construction of a religious building (structure) (provided if there are residential buildings bordering (including if there is an easement or a motorway between the boundaries) with the territory of a religious building (structure).

9

Grounds for refusal to render the state service established by the laws of the Republic of Kazakhstan

1) if the activities of religious associations are intended to assert the supremacy of one religion in the state, incitement of religious enmity or discord, including those related to violence or calls to violence and other unlawful acts;
2) if the activities of religious associations are aimed at forcing nationals of the Republic of Kazakhstan, foreigners and stateless persons to determine their attitude to religion, to participate or not to participate in the activities of a religious association, in religious rituals and (or) in teaching religion;
3) if the activities of religious associations are intended to inflict violence on nationals of the Republic of Kazakhstan, foreigners and stateless persons or otherwise cause harm to their health, or to dissolve marriages between spouses (family breakdown) or terminate kinship relations, damage morality, violate human and civil rights and freedoms, encourage individuals to refuse to fulfil their obligations under the Constitution and laws of the Republic of Kazakhstan, and otherwise violate the laws of the Republic of Kazakhstan;
4) if the activities of religious associations are intended to forcibly involve nationals of the Republic of Kazakhstan, foreigners and stateless persons in their activities, including through charity, and (or) preventing them from leaving a religious association, including through the use of blackmail, violence or the threat thereof, through the use of material or other dependence of nationals of the Republic of Kazakhstan, foreigners and stateless persons, or through deceit;
5) if the activities of religious associations are intended to induce participants (members) of the religious association and religious followers to alienate property belonging to them in favour of the religious association, its leaders and other participants (members);
6) if the activities of religious associations are intended to induce decisions and actions using religion and religious views that are known to be capable of disorganising the activities of public authorities, disrupting their smooth functioning and reducing the degree of governability in the country;
7) finding that the documents provided by the service recipient to obtain a state service and (or) the data (information) contained therein are unreliable;
8) in respect of the service recipient there is an effective court decision (judgement) on the prohibition of activities or certain types of activities requiring the receipt of a state service.
9) the service recipient is subject to an enforceable court judgement based on which the service recipient is deprived of a special right related to the receipt of a state service.

10

Other requirements considering the specifics of rendering the state service, including those rendered in electronic form and via the State Corporation

To obtain a state service in electronic form, a service recipient shall apply via the Portal provided that he/she has an EDS.
Unified Contact Centre: 1414, 8-800-080-7777


  Appendix 3
to the Rules for Rendering the
State Service “Issuing a
Decision on the Construction of
Religious Buildings (Structures)
  and Determining Their Location”

      Footnote. Appendix 3 - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall go into force upon expiry of ten calendar days after the day of its first official publication).

  Document form
  ____________________________
(surname, first name, patronymic
(if any)
(hereinafter - full name),
or the name of the service
  recipient's organisation)
____________________________
(service recipient's address)

Receipt of refusal to accept an application

      Guided by paragraph 2 of Article 20 of the Law of the Republic of Kazakhstan “On State Services”, Department No. ______ of the branch of the Government for Citizens State Corporation (specify address) refuses to accept the application for rendering the state service due to your provision of an incomplete set of documents as per the list of basic requirements for rendering the state service “Issuance of a Decision on Construction of Religious Buildings (Structures) and Determination of Their Location”, namely:

      Name of missing documents:

      1. ___________________________________________________________

      2. ___________________________________________________________

      3. ___________________________________________________________

      4. ___________________________________________________________

      This receipt has been drawn up in 2 copies, one for each party.

      ___________________________________________ ____________

      Full name (employee of the State Corporation) (signature)

      Received by: ___________________________________ ____________

      Full name (if any) of the service recipient (signature)

      Date: “____” ______________ 20___

  Appendix 5
to order of the
Minister of Information
and Social Development
of the Republic of Kazakhstan
No. 97 of March 31, 2020

      Footnote. The upper right corner of Appendix 5 - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall become effective ten calendar days after the date of its first official publication); the text in the Kazakh language is amended, the text in the Russian language is not changed by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 551 dated 15.12.2022 (shall take effect upon expiry of ten calendar days after the date of its first official publication).

Rules for Rendering the State Service “Issuance of a Decision on Conversion (Change of Functional Purpose) of Buildings (Structures) into Religious Buildings (Structures)”

      Footnote. The Rules - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 36 dated 14.02.2022 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).

Chapter 1. General provisions

      1. These Rules for Rendering the State Service “Issuance of a Decision on Conversion (Change of Functional Purpose) of Buildings (Structures) into Religious Buildings (Structures)” (hereinafter - the Rules) have been elaborated under subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” (hereinafter - the Law) and establish the procedure for rendering the state service “Issuance of a Decision on Conversion (Change of Functional Purpose) of Buildings (Structures) into Religious Buildings (Structures)” (hereinafter - the state service).

      2. The state service shall be rendered by local executive bodies of regions, the cities of Nur-Sultan, Almaty and Shymkent (hereinafter - the service provider) to natural persons and legal entities (hereinafter - the service recipient) in compliance with these Rules.

      The following terms are used herein:

      1) a religious building (structure) - a place intended for divine services, prayer and religious meetings, religious veneration (pilgrimage).);

      2) a religious association - a voluntary association of nationals of the Republic of Kazakhstan, foreigners and stateless persons who have united under the procedure established by the legislative acts of the Republic of Kazakhstan on the grounds of commonality of their interests for the fulfilment of their spiritual needs;

      3) religious activities - activities aimed at satisfying the religious needs of believers.

      2-1. Within three business days, the competent authority shall forward information on the amendments and (or) additions made hereto to the organisations accepting applications and issuing the results of rendering the state service, to the service providers, and to the Unified Contact Centre.

      Footnote. Chapter 1 is supplemented by paragraph 2-1 as per order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall be put into effect upon expiry of ten calendar days after the day of its first official publication).

Chapter 2. Procedure for rendering a state service

      3. To obtain a state service, the service recipient shall send to the service provider via the e-government web portal www.egov.kz, www.elicense.kz (hereinafter referred to as the Portal), an application in the form as per Appendix 1 hereto, as well as the documents mentioned in the list of basic requirements for the provision of a state service as per Appendix 2 hereto.

      Details of identity documents, state registration (re-registration) of a religious association, document of title, technical passport of real estate and (or) identification document for a land plot shall be obtained by the service provider from the relevant state information systems via the e-government gateway.

      Footnote. Paragraph 3 - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall become effective upon expiry of ten calendar days after the day of its first official publication).

      4. The office of the service provider shall accept and register documents on the day of their receipt (when the service recipient applies after working hours, on weekends and public holidays under the labour legislation of the Republic of Kazakhstan, acceptance of the application and issuance of the result of the state service shall be performed on the next business day).

      The service recipient shall be notified via his/her personal profile about the status of consideration of the request for state service, as well as through a notification indicating the date and time of receipt of the result of the state service.

      Within 2 (two) business days from the moment of registration of the documents presented, the service provider shall examine their completeness, and in case the applicant submits an incomplete set of documents, prepare a reasoned refusal to further consider the application.

      5. In the event of submission of a full package of documents, the head of the service provider shall appoint the responsible executive of the service provider (hereinafter referred to as the responsible executive) within 1 (one) business day.

      Within 1 (one) business day, the responsible executive officer shall familiarise himself/herself with the documents of the service recipient and examine the information indicated in the submitted documents for authenticity.

      Within 10 (ten) business days, the responsible executive shall agree with the structural subdivisions of the service provider on the draft decision on conversion (change of functional purpose) of buildings (constructions) into religious buildings (constructions).).

      Within 4 (four) business days, the responsible executive officer shall prepare a decision on conversion (change of functional purpose) of buildings (structures) into religious buildings (structures).

      In case of non-compliance of the service recipient with the requirements envisaged by the list of basic requirements for rendering the state service as per Appendix 2 hereto, the service provider shall make a decision to refuse to render the state service.

      The service recipient shall be notified with a preliminary decision on refusal to render a state service no later than 3 (three) business days prior to its signature.

      The service recipient shall file an objection to the preliminary decision to refuse to render a state service not later than 2 (two) business days from the date of receipt of the notification.

      Following the results of consideration of the objection, if received from the service recipient, the service provider shall issue a decision on conversion (change of functional purpose) of buildings (constructions) into religious buildings (constructions) or a reasoned refusal in rendering the state service, which shall be forwarded to the service recipient.

      Via the Portal the result of rendering the state service - an electronic copy of the decision on conversion (change of functional purpose) of buildings (constructions) into religious buildings (constructions) shall be forwarded to the personal profile of the service recipient in the form of an electronic document signed by the EDS of the authorised person of the service provider.

      Footnote. Paragraph 5 - as revised by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall be effective upon expiry of ten calendar days after the day of its first official publication).

Chapter 3. Procedure for appealing against decisions, actions (inaction) of the service provider and (or) its officials on the issues of rendering state services

      6. A complaint against a decision, actions (inaction) of a service provider on issues of rendering a state service shall be examined by an official, a superior authorised body responsible for state regulation in the sphere of religious activities, an authorised body for evaluation and control over the quality of rendering state services (hereinafter - a body considering a complaint) pursuant to the legislation of the Republic of Kazakhstan.

      A complaint shall be filed to the service provider and (or) to the official whose decision, action (inaction) is being appealed against.

      Under paragraph 2 of Article 25 of the Law of the Republic of Kazakhstan “On State Services”, the service recipient's complaint received by the service provider shall be examined within 5 (five) business days from the day of its registration.

      The complaint of the service recipient, received by the authorised body for evaluation and control over the quality of state services shall be examined within 15 (fifteen) business days from the day of its registration.

      The service provider, the official whose decision, action (inaction) is being appealed against shall forward the complaint and the administrative file to the body considering the complaint no later than 3 (three) business days from the date of receipt of the complaint.

      However, the service provider, the official whose decision, action (inaction) is being appealed shall not forward the complaint to the body considering the complaint, if it/he/she takes a decision or other administrative action within 3 (three) business days that fully meets the requirements specified in the complaint.

      Unless otherwise prescribed by law, a complaint may be filed with the court after appealing to the pre-trial procedure.

  Appendix 1
to the Rules for Rendering the
State Service “Issuance of a
Decision on Conversion (Change of
Functional Purpose) of Buildings
(Structures) into Religious Buildings
(Structures)”
 
  Document form
 
  to the service provider
____________________________
(position, surname, name, patronymic,
(if any)
of the official of the service provider)
from the service recipient
____________________________
(surname, first name, patronymic
(if any),
address, telephone number and IIN
of a natural person and (or)
name, postal address,
telephone number and BIN of the legal entity)

Application

      I kindly ask you to issue a decision on conversion (change of functional purpose) of a building (structure) from

      “___________________________________________________________________”

      into a religious building (structure) located at the following address______________________________

      ____________________________________________________________________________________

      Religious building (construction)

      ______________________________________________________________________

      (religious affiliation)

      Capacity of a religious building (structure) (the number of parishioners shall be specified)

      ______________________________________________________________________

      List of accompanying documents:

      1. ___________________________________________________________

      2. ___________________________________________________________

      3. ___________________________________________________________

      I hereby confirm the authenticity of the information presented and give my consent to the use

      of information contained in information systems that constitutes a legally protected secret.

      Signature of the service recipient ______ Date of submission of the application __________

      Stamp here (for a legal entity)

  Appendix 2
to the Rules for Rendering the State Service
“Issuance of a Decision on Conversion
(Change of Functional Purpose)
of Buildings (Structures) into
Religious Buildings (Structures)”

      Footnote. Appendix 2 - as reworded by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall be put into effect upon expiry of ten calendar days after the day of its first official publication).

List of basic requirements for rendering the state service “Issuance of a Decision on Conversion (Change of Functional Purpose) of Buildings (Structures) into Religious Buildings (Structures)”

1

Name of the service provider

Local executive bodies of regions, the cities of Nur-Sultan, Almaty and Shymkent

2

Ways of rendering the state service

e-Government web portal www.egov.kz

3

Срок оказания государственной услуги

22 (twenty-two) business days

4

Form of rendering the state service

Electronic (fully automated)

5

Result of rendering the state service

Decision on re-profiling (change of functional purpose) of buildings (structures) into religious buildings (structures) or reasoned response on refusal to grant the state service.
The form of granting the result of rendering the state service shall be electronic.
The result of rendering the state service shall be directed to the "personal profile" of the service recipient in the form of an electronic document signed with an electronic digital signature (hereinafter - EDS) of the authorised person of the service provider.

6

The amount of payment charged from the service recipient when rendering the state service and ways of its collection in cases stipulated by the laws of the Republic of Kazakhstan

Free of charge

7

Working hours of the service provider, the State Corporation and information objects

of the Portal - round the clock, excluding technical interruptions due to repair works (when the service recipient applies after working hours, on weekends and holidays under the labour legislation of the Republic of Kazakhstan, application acceptance and issuance of the result of the state service shall be made on the next business day).
The addresses where the state service is provided are available on:
the internet resource of the service provider: www.qogam.gov.kz;
the Portal: www.elicense.kz

8

List of documents and data required from the service recipient for rendering the state service

1) an application in the form of an electronic document signed by the service recipient's EDS;
2) an electronic copy of the certificate - justification for the conversion of a building (structure) into a religious building (structure) in any form, signed by the head of the registered religious association (specifying the name of the religious building (structure) and the religious association to which it will belong, the purpose of conversion, the number of parishioners who need to meet their spiritual needs in the area, the candidacy of the clergyman of the religious building (structure);
3) an electronic copy of the letter of consent of the owner to convert the building (structure) into a religious building (structure) (provided in the case of leased premises);
4) an electronic copy of the decision of the local community meeting (assembly) or the decision of the meeting of the owners of premises (flats), acting on the territory where the building (structure) is planned to be converted to a religious building or structure (provided if there are residential buildings bordering (including if there is an easement or a motorway between the boundaries) with the territory of the converted religious building (structure).
If there is no local community meeting (assembly) or condominium facility body, an electronic copy of a letter from an individual or legal entity consenting to conversion to a religious building or structure shall be provided (be granted when the residential building of a natural person, premises of a legal entity are located adjacent (including if there is an easement or a highway between the boundaries) to the territory of the building where the premises are located).

9

Grounds for refusal to render the state service established by the laws of the Republic of Kazakhstan

1) where the activities of religious associations are directed at asserting the supremacy of one religion in the state, inciting religious enmity or discord, including those related to violence or calls to violence and other unlawful acts;
2) if the activities of religious associations are intended to coerce nationals of the Republic of Kazakhstan, foreigners and stateless persons to determine their attitude to religion, to participate or not to participate in the activities of a religious association, in religious rituals and (or) in teaching religion;
3) if the activities of religious associations are intended to inflict violence on nationals of the Republic of Kazakhstan, foreigners and stateless persons or otherwise cause harm to their health, or to dissolve marriages between spouses (family breakdown) or terminate kinship relations, damage morality, violate human and civil rights and freedoms, encourage nationals to refuse to fulfil the obligations envisaged by the Constitution and laws of the Republic of Kazakhstan, and otherwise violate the legislation of the Republic of Kazakhstan;
4) if the activities of religious associations are intended to forcibly involve nationals of the Republic of Kazakhstan, foreigners and stateless persons in their activities, including through charitable activities, and (or) preventing them from leaving a religious association, including through the use of blackmail, violence or the threat thereof, through the use of material or other dependence of nationals of the Republic of Kazakhstan, foreigners and stateless persons or through deceit;
5) where the activities of religious associations are aimed at forcing participants (members) of the religious association and religious followers to alienate property belonging to them in favour of the religious association, its leaders and other participants (members);
6) if the activities of religious associations are intended to induce decisions and actions using religion and religious views that are known to be capable of disorganising the activities of public authorities, disrupting their smooth functioning and reducing the degree of governability in the country;
7) finding that the documents presented by the service recipient to receive a state service and (or) the data (information) contained therein are unreliable;
8) in respect of the service recipient there is an effective court decision (judgement) on the prohibition of activities or certain types of activities requiring the receipt of a state service;
9) the service recipient has an effective court decision, based on which the service recipient is deprived of a special right related to the receipt of a state service.

10

Other requirements considering the specifics of rendering the state service including those rendered in electronic form and via the State Corporation

To obtain a state service in electronic form, a service recipient shall apply via the Portal provided that he/she has an EDS.
Unified Contact Centre:1414, 8-800-080-7777


  Appendix 3
to the Rules for Rendering
the State Service
“Issuance of a Decision on Conversion
(Change of Functional Purpose)
of Buildings (Structures) into
Religious Buildings (Structures)”

      Footnote. Appendix 3 - as reworded by order of the Minister of Information and Social Development of the Republic of Kazakhstan No. 530 dated 01.12.2022 (shall apply upon expiry of ten calendar days after the day of its first official publication).

  Document form
 
  ____________________________
(Surname, first name, patronymic
(if any)
(hereinafter - full name),
or the name of the organisation
  of the service recipient)
____________________________
(service recipient's address)

Receipt of refusal to accept an application

      Guided by paragraph 2 of article 20, paragraph 2 of the Law of the Republic of Kazakhstan “On State Services”, department No.______ of the branch of the Government for Citizens State Corporation (specify address) refuses to accept an application for rendering the state service __________________________ due to your submission of an incomplete set of documents as per the list of basic requirements for rendering the state service “Issuance of a Decision on Conversion (Change of Functional Purpose) of Buildings (Structures) into Religious Buildings (Structures)”, namely:

      Name of missing documents:

      1. _____________________________________________________________

      2. _____________________________________________________________

      3. _____________________________________________________________

      This receipt has been drawn up in 2 copies, one for each party.

      _______________________________________________ ___________

      Full name (employee of the State Corporation) (signature)

      Received by: _______________________________________ ___________

      Full name of the service recipient (signature)

      Date: “____” ______________ 20___

  Appendix 7
to order

List of some orders that have expired

      1. Order Minister of Culture and Sports of the Republic of Kazakhstan dated April 23, 2015 No. 147 "On Approval of the Standards of State Services in the Field of Religious Activity" (registered in the Register of State Registration of Normative Legal Acts No. 11183, published on June 19, 2015 in the Reference Control Bank of Normative Legal Acts of the Republic Kazakhstan).

      2. Orderand about. Minister of Culture and Sports of the Republic of Kazakhstan dated May 22, 2015 No. 190 "On Approval of the Regulations for State Services in the Field of Religious Activity" (registered in the Register of State Registration of Normative Legal Acts No. 11290, published on July 14, 2015 in the Reference Control Bank of Normative Legal Acts of the Republic Kazakhstan".

      3. Order Of the Minister of Culture and Sports of the Republic of Kazakhstan dated June 13, 2016 No. 159 "On Amendments to the Order of the Minister of Culture and Sports of the Republic of Kazakhstan dated April 23, 2015 No. 147" On Approval of the Standards of State Services in the Sphere of Religious Activity "(registered in the Register of State Registration of Regulatory of legal acts No. 13953, published on July 29, 2016 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan).

      4. Order Minister of Religious Affairs and Civil Society of the Republic of Kazakhstan dated July 26, 2017 No. 113 "On amendments to the order of the Minister of Culture and Sports of the Republic of Kazakhstan dated April 23, 2015 No. 147" On approval of standards of public services in the field of religious activity "(registered in the Register state registration of regulatory legal acts No. 15650, published on September 15, 2017 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

      5. Order Minister of Religious Affairs and Civil Society of the Republic of Kazakhstan dated October 17, 2017 No. 144 "On Amendments to the Order of the Acting Minister of Culture and Sports of the Republic of Kazakhstan dated May 22, 2015 No. 190" On Approval of Regulations for State Services in the Field of Religious Activity "(registered in the Register of State Registration of Regulatory Legal Acts under No. 15970, published on November 16, 2017 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan).

      6. Order Of the Minister of Religious Affairs and Civil Society of the Republic of Kazakhstan dated April 16, 2018 No. 41 "On Amendments to the Order of the Minister of Culture and Sports of the Republic of Kazakhstan dated April 23, 2015 No. 147" On Approval of the Standards of State Services in the Sphere of Religious Activity "(registered in the Register state registration of regulatory legal acts No. 16871, published on May 17, 2018 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

      7. Order Minister of Social Development of the Republic of Kazakhstan dated November 29, 2018 No. 01-01 / 82 "On Amendments to the Order of the Acting Minister of Culture and Sports of the Republic of Kazakhstan dated May 22, 2015 No. 190" On Approval of the Regulations for State Services in the Field of Religious Activity "(registered in the Register of State Registration of Regulatory Legal Acts No. 17851, published on December 6, 2018 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan).

      8. Order Of the Minister of Social Development of the Republic of Kazakhstan dated December 28, 2018 No. 01-01 / 117 "On Amendments to the Order of the Minister of Culture and Sports of the Republic of Kazakhstan dated April 23, 2015 No. 147" On Approval of the Standards of Public Services in the Sphere of Religious Activity "(registered in the Register state registration of regulatory legal acts No. 18133, published on January 15, 2019 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

      9. Order Of the Minister of Information and Social Development of the Republic of Kazakhstan dated July 23, 2019 No. 245 "On Amendments to the Order of the Minister of Culture and Sports of the Republic of Kazakhstan dated April 23, 2015 No. 147" On Approval of the Standards of Public Services in the Sphere of Religious Activity "(registered in the Register of State Registration of regulatory legal acts No. 19075, published on July 29, 2019 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

      10. Order Of the Minister of Information and Social Development of the Republic of Kazakhstan dated August 26, 2019 No. 304 "On Amendments to the Order of the Acting Minister of Culture and Sports of the Republic of Kazakhstan dated May 22, 2015 No. 190" On Approval of the Regulations for State Services in the Sphere of Religious Activity "(registered in the Register state registration of regulatory legal acts No. 19296, published on September 2, 2019 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

If you found any error on the page, please highlight a word or a phrase and then press «Ctrl+Enter» key combination

 

On-page search

Enter text to search

Hint: Browser has internal on-page search. It works faster and is usually activated by pressing ctrl-F.